Legal Answer and Counter Petition

LEGAL ANSWER AND COUNTER PETITION

Court Name:   County:

Case Number:   Department/Judge:

Petitioner Name:   Respondent Name:

RECITALS

WHEREAS, Petitioner filed a petition dated , alleging claims against Respondent arising from the matters described therein; and

WHEREAS, Respondent denies, except as expressly admitted below, each and every allegation of wrongdoing in the petition and asserts affirmative defenses and counterclaims against Petitioner; and

WHEREAS, the parties seek judicial resolution of the disputes and an adjudication of Respondent's rights and remedies under applicable law.

NOW, THEREFORE, in consideration of the foregoing and the benefits to be obtained, Respondent submits this Answer to Petition and Counter Petition as follows.

1. ANSWER TO PETITION

1.1 General Response: Respondent responds to the numbered paragraphs of the Petition as follows. Respondent admits the allegations specifically set forth in the petition paragraphs listed here: . Respondent denies each and every remaining allegation in the petition not expressly admitted. Any allegation not expressly admitted is denied.

1.2 Lack of Knowledge: To the extent Respondent lacks sufficient knowledge to admit or deny a particular allegation, Respondent denies such allegation pursuant to the rule that lack of sufficient information to form a belief constitutes a denial.

1.3 Affirmative Assertions: Respondent asserts that any allegation of willfulness, malice, or intent is expressly denied unless and until proven by admissible evidence at trial.

2. AFFIRMATIVE DEFENSES

Respondent pleads the following affirmative defenses, without assuming any burden not otherwise imposed by law:

2.1 Failure to State a Claim: The Petition fails to state facts sufficient to constitute a cause of action against Respondent.

2.2 Statute of Limitations: The claims are barred in whole or in part by the applicable statute of limitations to the extent claims accrued prior to .

2.3 Estoppel and Waiver: Petitioner is barred by the doctrines of estoppel and waiver from asserting claims arising from the matters alleged.

3. COUNTER PETITION

3.1 Jurisdiction and Venue: Respondent realleges and incorporates the foregoing paragraphs and asserts that this Court has jurisdiction and venue to hear the counterclaims arising from the same transaction or occurrence alleged in the Petition.

3.2 First Cause of Action – Breach of Contract: Respondent alleges that Petitioner materially breached the contract described as follows:

3.3 Second Cause of Action – Unjust Enrichment: As a separate and alternative claim, Petitioner has been unjustly enriched at Respondent's expense by the following acts:

3.4 Additional Causes of Action: Respondent asserts any additional causes of action supported by the facts and evidence developed in discovery.

4. PRAYER FOR RELIEF

WHEREFORE, Respondent requests judgment as follows:

(a) For compensatory damages in an amount to be proven at trial, but not less than: $;

(b) For restitution and disgorgement of any amounts improperly obtained by Petitioner;

(c) For injunctive relief: Preliminary and/or permanent injunctive relief as the Court deems just and proper;

(d) For costs of suit and reasonable attorneys' fees as permitted by law; and

(e) For such other and further relief as the Court deems just and proper.

5. NOTICES

6. GOVERNING LAW; MISCELLANEOUS

Governing Law: This Answer and Counter Petition shall be governed by and construed in accordance with the laws of the state where the Court is located, without regard to conflict of laws principles.

Entire Agreement: This document, together with any pleadings incorporated by reference herein, constitutes the entire pleading by Respondent concerning the matters asserted and supersedes all prior statements and understandings regarding those matters.

Severability: If any provision of this Answer and Counter Petition is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments; Waiver: Any amendments to this pleading must be in writing and signed. The failure to insist upon strict performance of any provision of this pleading shall not be deemed a waiver of any right.

7. VERIFICATION

I declare under penalty of perjury under the laws of the jurisdiction in which this Court sits that the foregoing is true and correct to the best of my knowledge, information, and belief.

Executed on: at .

8. CERTIFICATE OF SERVICE

I certify that on , a true and correct copy of this Answer and Counter Petition was served on the following parties in the following manner:

Method of Service:    Mail    Personal Delivery    Email    Fax

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