Drafting of the Complaint: Lois Smith vs. Thriftymart

1 Drafting of the Complaint Drafting of The Complaint SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES LOIS SMITH, a minor, through her guardian ad litem, Janet Smith, Plaintiff, v.

THRIFTYMART, INC., Defendant.

Case No.: 20STCV09846 ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT THRIFTYMART, INC. Defendant, Thriftymart, Inc. ("Defendant"), through its attorney Sandra Jones, Esq., denies each allegation in the complaint, demands strict proof of each, and asserts the following: 1. Defendant denies liability and any negligence from any of its employees.

AFFIRMATIVE DEFENSES 2. The incident complained of was caused by the negligence of Plaintiff and third parties over whom Defendant had no control; therefore, Defendant is not liable for any alleged injuries or damages sustained by Plaintiff.

3. The ideologies of presumption of risk, causal negligence, and comparative fault 4.

wholly or partially bar the claims of Plaintiff.

5. The estoppel, waiver, or release doctrines bar the entirety or a portion of Plaintiff's claims.

Buy this excellently written paper or order a fresh one from ace-myhomework.com

2 6. The damages asserted by Plaintiff are extreme, unreasonable, and speculative.

7. Claims of the Plaintiff are time-barred under the applicable statute of limitations.

Therefore, the Defendant requests the following judgment: 1. That Plaintiff takes nothing from Defendant.

2. That Defendant is awarded its court costs.

3. For this other and further relief as the judge deems and proper.

DATED: [Insert Date] LAW OFFICES OF SANDRA JONES By: Sandra Jones, Esq. is the defense attorney for Thriftymart, Inc. The Defendant, Thriftymart, Inc., has filed an Answer and Affirmative Defenses in response to an action submitted by the Plaintiff, Lois Smith, in the Superior Court of California, County of Los Angeles. This is how the document is formatted: The document begins with the tagline, which includes the court's name, the parties' names (Plaintiff and Defendant), and the case number. Defendant introduces itself through its attorney and denies all of the assertions made by Plaintiff in the complaint. Furthermore, Defendant offers a broad rejection, denying liability and denying that any of its employees were negligent.

Defendant then provides affirmative defenses, which are reasons why it should not be held responsible for Plaintiff's claims. These include the plaintiff's or third parties negligence, assumption of risk, contributory negligence, comparative fault, estoppel, waiver, release, excessive damages, and the statute of limitations.

Lastly, the Defendant asks that the court rule in its best interest and award the litigation expenses incurred while defending against the plaintiff's claims. Defendant also requests any other relief deemed just and proper by the court. The document is signed by the attorney for the

3 Defendant and includes the filing date. The claim is barred because Plaintiff did not comply with any prerequisites to filing this action. The doctrine of accord and satisfaction precludes the Plaintiff's claims in whole or part. The doctrine of laches or unclean hands bars the entirety or a portion of Plaintiff's claims. Defendant reserves the right to assert additional affirmative defenses as discovery continues. Therefore, the Defendant requests the following judgment: 

That Plaintiff take nothing from Defendant;



That Defendant be awarded its litigation expenses;



For such other and further relief as the court deems and proper.

DATED: [Insert Date] LAW OFFICES OF SANDRA JONES By: Sandra Jones, Esq. is the defense attorney for Thriftymart, Inc. The assignment to draft a complaint follows the format utilized by California's superior courts. The format includes the court's, counties, and parties' names, accompanied by the case number. The document then presents the Defendant's answer and affirmative defenses, which include a general denial and several numbered paragraphs for each affirmative defense.

Defendant's motion precedes the response and affirmative defenses for judgment, which details the relief sought. The document concludes with the date, the Defendant's attorney's name, and signature. The format of the assignment for drafting the complaint is intended to be clear and straightforward, making it simple for the court and other parties to comprehend the Defendant's position and the relief sought.

The complaint is a proper legal document that starts a lawsuit stating the Plaintiff's claims against the Defendant. The complaint must meet certain requirements, such as recognizing the parties, declaring the facts of the case, and creating legal claims for relief. Depending on the jurisdiction and court rules, the complaint format may vary. Still, it typically includes a caption,

4 a statement of the jurisdiction and venue, and a summary of the Plaintiff's claims. The Defendant must be served with the complaint before they can file an answer or other pleading in response to the allegations.

Likewise, an answer is a formal legal document that addresses the allegations made in the complaint. The response may consist of a general denial of liability, affirmative defenses, and a request for relief. The response must adhere to the same requirements as the complaint, including identifying the parties, presenting the facts, and asserting legal claims. The answer is also subject to time constraints and must be filed within a specified period after the complaint has been served. In the given assignment for drafting a complaint, the Defendant provides a sample answer and affirmative defenses in reaction to the Plaintiff's complaint. The response refutes every allegation made in the complaint and demands proof. In addition, the Defendant asserts several affirmative defenses, including the malpractice of the plaintiff or third parties, risk assumption, and the relevant statute of limitations.

The Defendant concludes by requesting a judgment that the Plaintiff take nothing from the Defendant, that the Defendant be awarded its court costs, and for any other and further relief the court deems just and proper. The complaint and the answer are essential legal documents that serve as the basis of a lawsuit. The correct format and adherence to court rules are crucial to the success of any legal proceeding. A well-written complaint can improve the chances of victory for the Plaintiff, while a comprehensive response can assist the Defendant in mounting a successful defense.