Free Answer to Complaint - District Court of California - California

Case 3:08-cv-02201-WHA

Document 17

Filed 07/25/2008

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PORTER I SCOTT
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A PROFESSIONAL CORPORATION

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Timothy M. Blaine, SBN 124176 Christopher M. Egan, SBN 232301 350 University Ave., Suite 200
TEL: 916.929.1481 FAX: 916.927.3706

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Attorneys for Defendants GREGORY TEETER, Individually and as Agent for CAPITOL MORTGAGE CORPORATION, and AMANDA RAWLS, Individually and as Agent for CAPITOL MORTGAGE CORPORA nON

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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MAROUANE OUZIZ,

CASE NO. CV 08 2201

16 v. CAPITOL MORTGAGE AS AGENT FOR INDIVIDUALLY AND CORPORA TION, 17 CAPITAL ONE SERVICES,RAWLS, INDIVIDUALLY AND AMANDA GREGORY AND AS AGENT FOR CAPITOL
18 TEETER, INDIVIDUALLY AND AS AGENT MORTGAGE CORPORATION'S ANSWER

Plaintiff, DEFENDANTS GREGORY TEETER,

FOR CAP ITO L M 0 R T GAG E TO COMPLAINT FOR VIOLA nON OF 19 CORPORATION, AMANDA RAWLS, FEDERAL REAL ESTATE SETTLEMENT INDIVIDUALLY AND AS AGENT FOR PROCEDURES ACT AND FEDERAL

20 CAPITOL MORTGAGE CORPORATION, RACKETEER INFLUENCED AND
KEVEN NAFAL , INDIVIDUALLY AND AS CORRUPT ORGANIZATIONS ACT

21 AGENT FOR CAPITOL MORTGAGE
GREENPOINT MORTGAGE FUNDING,
Defendants.
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CORPORATION, DAVID CALDERA, 22 INDIVIDUALL Y AND AS AGENT FOR
Complaint Filed: April 29, 2008
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PORTER SCOTT
350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706

Defendants GREGORY TEETER, Individually and as Agent for CAPITOL MORTGAGE

CORPORA nON and AMANDA RAWLS, Individually ("Capitol Mortgage") hereby answer
plaintiffs Complaint as follows:
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.WPD

vV"wwporterscott.com

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Defendants reserve the right to raise additional affrmative defenses and/or submit such at trial,
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which are subsequently discovered through the discovery process. Defendants deny any allegations
of the Complaint not specifically admitted herein.

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1.

PRELIMINARY STATEMENT
Answering paragraph 1, said paragraph contains conclusions oflaw and not allegations

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of

fact for which a responsive pleading is required. With regard to any remaining averments of

fact

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contained in this paragraph, defendants deny generally and specifically each and every averment
contained herein.
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of

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Answering paragraph 2, said paragraph contains conclusions oflaw and not allegations

fact for which a responsive pleading is required. With regard to any remaining averments of

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fact

contained in this paragraph, defendants deny generally and specifically each and every averment
contained herein.

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JURISDICTION AND VENUE
3.

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Answering paragraph 3, said paragraph contains conclusions oflaw and not allegations

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of fact for which a responsive pleading is required. With regard to any remaining averments of fact

contained in this paragraph, defendants deny gerierally arid specifically each arid every averment
contained herein.
4.

Answering paragraph 4, said paragraph contains conclusions oflaw and not allegations

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of fact for which a responsive pleading is required. With regard to any remaining averments of fact

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contained in this paragraph, defendants deny generally and specifically each and every averment
contained herein.

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4. (sic) Answering plaintiffs second numbered paragraph 4, said paragraph contains
conclusions of law and not allegations of fact for which a responsive pleading is required. With
regard to any remaining averments of

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5.

fact contained in this paragraph, defendants deny generally and

specifically each and every averment contained herein.
Answering paragraph 5, said paragraph contains conclusions oflaw and not allegations

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PORTER i SCOTT
350 University Ave., Suite 200 Saeramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706

of fact for which a responsive pleading is required. With regard to any remaining averments of fact

contained in this paragraph, defendants deny generally and specifically each and every averment
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.WPD

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contained herein.
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6.

Answering paragraph 6, said paragraph contains conclusions oflaw and not allegations

of fact for which a responsive pleading is required. With regard to any remaining averments of fact

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contained in this paragraph, defendants deny generally and specifically each and every averment
contained herein.

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STATUTORY FRAMEWORK OF RESPA
7.

Answering paragraph 7, said paragraph contains conclusions oflaw and not allegations

of fact for which a responsive pleading is required. With regard to the remaining averments of fact

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contained in this paragraph, defendants deny generally and specifically each and every averment
contained herein.
8.

Answering paragraph 8, said paragraph contains conclusions oflaw and not allegations

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of fact for which a responsive pleading is required. With regard to the remaining averments of fact

contained in this paragraph, defendants deny generally and specifically each and every averment
contained herein.
9.

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Answering paragraph 9, said paragraph contains conclusions oflaw and not allegations

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of fact for which a respoiisive pleadiiig is required. With regard to the remaining averments of fact

contained in this paragraph, defendants deny generaHy and specifically each and every averment
contained herein.
10.

Answering paragraph 10, said paragraph contains conclusions of law and not

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allegations of fact for which a responsive pleading is required. With regard to the remaining
averments of fact contained in this paragraph, defendants deny generally and specifically each and
every averment contained herein.
11.

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Answering paragraph 11, said paragraph contains conclusions of law and not

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allegations of fact for which a responsive pleading is required. With regard to the remaining
averments of fact contained in this paragraph, defendants deny generally and specifically each and
every averment contained herein.
12.

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PORTER ¡SCOTT
350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706

Answering paragraph 12, said paragraph contains conclusions of law and not

allegations of fact for which a responsive pleading is required. With regard to the remaining
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.WPD

wwwporterscott.com

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averments of fact contained in this paragraph, defendants deny generally and specifically each and
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every averment contained herein.
13.

Answering paragraph 13, said paragraph contains conclusions of law and not

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allegatiöhs öf fact för which a respöhsive pleadiiig is reqUired. With regard to the remaiiiing

averments of fact contained in this paragraph, defendants deny generally and specifically each and
every averment contained herein.
14.

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Answering paragraph 14, said paragraph contains conclusions of law and not

allegations of fact for which a responsive pleading is required. With regard to the remaining
averments of fact contained in this paragraph, defendants deny generally and specifically each and
every averment contained herein.
15.

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Answering paragraph 15, said paragraph contains conclusions of law and not

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allegations of fact for which a responsive pleading is required. With regard to the remaining
averments of fact contained in this paragraph, defendants deny generally and specifically each and
every averment contained herein.
16.

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Answering paragraph 16, said paragraph contains conclusions of law and not

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aiiegatioris of fact for which a respoiisive pleadirig is required. With regard to the rema.iriing

averments of fact contained in this paragraph, defendants deny generally and specifically each and
every averment contained herein.

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PARTIES
17.

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Answering paragraph 17, these answering defendants lack information and belief

suffcient to enable defendants to respond, and on that basis deny generally and specifically every
other averment contained in said paragraph.
18 a. Answering paragraph 18 a., defendants lack information and belief sufficient to enable

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defendants to respond, and on that basis, deny generally and specifically each and every averment

contained in said paragraph.
18 b. Answering paragraph 18 b., defendants lack information and belief suffcient to enable
defendants to respond, and on that basis, deny generally and specifically each and every averment

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PORTER! SCOTT
350 Uniwlsiiy Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927,3706

contained in said paragraph.
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.WPD

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18 c. Answering paragraph 18 C., defendants admit the averments of

fact contained in said

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paragraph.

18 d. Answering paragraph 18 d., defendants admit the averments of fact contained in said
paragraph.

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18 e. Answering paragraph 18 e., defendants deny, generally and specifically, each and every

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averment contained in said paragraph.

18 f. Answering paragraph 18 f., defendants admit the averments of fact contained in said
paragraph.
18 g. Answering paragraph 18 g., defendants lack information and belief suffcient to enable

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defendants to respond, and on that basis, deny generally and specifically each and every averment
contained in said paragraph.
18 h. Answering paragraph 18 h., defendants lack information and belief suffcient to enable

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defendants to respond, and on that basis, deny generally and specifically each and every averment
contained said paragraph.

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FACTS
19.

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Answering paragraph 19, defendants lack information and belief sufficient to enable

defendants to respond, and on that basis, deny generally and specifically each and every averment
contained said paragraph.
20.

Answering paragraph 20, Gregory Teeter and defendant Capitol Mortgage deny that

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it "made" residential loans. The remaining allegations in the paragraph contain conclusions of law
and not allegations of fact for which a responsive pleading is required. To the extent that the

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remainder ofthe answer contains allegations offact, these answering defendants lack information and
belief suffcient to enable the defendants to respond, and on that basis, deny generally and specifically

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each and every averment contained in said paragraph.
21.

Answering paragraph 21, to the extent it contains legal conclusions, no admissions or

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PORTER I SCOTT
350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 9l6.929.1481 FAX: 916,927.3706

denial is required. Except as so stated and limited, these answering defendants admit the remaining
allegations contained therein.
22.

Answering paragraph 22, these answering defendants are without specific knowledge
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
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or information to form a basis as to the truth of these allegations, and on that basis deny said
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allegations.
23.

Answering paragraph 23, these answering defendants deny each and every allegation

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contained therein.

24.

Answering paragraph 24, these answering defendants deny each and every allegation

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contained therein.

25.

Answering paragraph 25, these answering defendants deny that defendant Capitol

Mortgage was "Nafai's company." Except as so stated and limited, these answering defendants are
without specific knowledge or information to form a basis as to the truth of

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these allegations, and on

that basis deny said allegations.

26.
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Answering paragraph 26, these answering defendant deny each and every allegation

contained therein.

27.

Answering paragraph 27, these answering defendants are without specific knowledge

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or information to form a basis as to the truth of these allegations, and on that basis, deny said
allegations.
28.

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Arisweriiig paragraph 28, to the extent it contains legal conchisions, no admission or

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denial is required. Except as so stated anà limited, these answering àefendants àeny each and every
remaining allegation contained therein.
29.

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Answering paragraph 29, to the extent it contains legal conclusions, no admission or

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denial is required. Except as so stated limited, these answering defendants deny each and every
remaining allegation contained therein.
30.

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Answering paragraph 30, defendant Rawls admits that she provided to defendant

Greenpoint a loan application information and paperwork necessary to secure a "federally related
mortgage loan." Except as so stated and limited, these answering defendants deny each and every
remaining allegation contained therein.
31.

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PORTER I SCOTT
350 University Ave., Suite 200 Saeramento, CA 95825 lEL: 916.929.1481 FAX: 916.927.3706

Answering paragraph 31, these answering defendants admit the averments in said

paragraph.

32. Answering paragraph 32, these answering defendants deny that the loans supplied for
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.WPD

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the refinance were funded by Capital One. Except as so stated and limited, these answering
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defendants admit each and every allegation contained therein.
33.

Answering paragraph 33, these answering defendants deny each and every allegation

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contained therein.

34.

Answering paragraph 34, these answering defendants deny each and every allegation

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contained therein.

35.

Answering paragraph 35, these answering defendants lack information and belief

suffcient to enable defendants to respond, and on that basis, deny generally and specifically each and

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every averment contained in said paragraph.
36.

Answering paragraph 36, these answering defendants admit the averments in said

paragraph.
37.

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Answering paragraph 37, these answering defendants admit the averments in said

paragraph.
38.

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Answering paragraph 38, these answering defendants admit the averments in said

paragraph.
39.

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Arisweriiig paragraph 39, these answering defendants deriy generally and speCifically

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_ _ _ 1 avermem ~ ... saia . 1 1 ~acn ana every1 ... comainea in1. paragrapn.
40.

Answering paragraph 40, these answering defendants deny generally and specifically

each and every averment contained in said paragraph.
41.

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Answering paragraph 41, these answering defendants deny generally and specifically

each and every averment contained in said paragraph.
42.

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Answering paragraph 42, these answering defendants deny generally and specifically

each and every averment contained in said paragraph.
43.

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Answering paragraph 43, these answering defendants deny generally and specifically

each and every averment contained in said paragraph.
44.

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PORTER! SCOTT
350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 916.927.3706

Answering paragraph 44, these answering defendants admit that on June 20,2006, the

date of the loan closing, plaintiff received a "Prepayment Fee Allonge Statement." Except as so stated

and limited, these answering defendants deny each and every remaining allegation contained therein.
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787WPD

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45. Answering paragraph 45, these answering defendants deny each and every allegation
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contained therein.

46.

Answering paragraph 46, these answering defendants deny each and every allegation

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contained therein.

47.
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Answering paragraph 47, these answering defendants deny each and every allegation

contained therein.

48.

Answering paragraph 48, these answering defendants deny each and every allegation

contained therein.
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49.

Answering paragraph 49, these answering defendants deny each and every allegation

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contained therein.
50.

Answering paragraph 50, these answering defendants deny each and every allegation

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contained therein.

51.

Answering paragraph 51, this paragraph contains no allegations such that any

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admission or denial is required. To the extent that a response is required, these answering defendants

hereby incorporate by reference, as fully set forth herein its responses to paragraph 50 above.
52.

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Aris\vering paragraph 52, to the extent it contains legal conclusions, no admission or

denial is required. Except as so stated and limited, these answering deÍendants deny each and every

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remaining allegation contained therein.
53.

Answering paragraph 53, these answering defendants deny each and every allegation

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contained therein.

54.

Answering paragraph 54, these answering defendants deny each and every allegation

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contained therein.

55.

Answering paragraph 55, these answering defendants deny each and every allegation

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contained therein.

56.

Answering paragraph 56, these answering defendants deny each and every allegation

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PORTER! SCOTT
350 University Ave" Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706

contained therein.
57.

Answering paragraph 57, this paragraph contains no allegations such that any

admission or denial is required.
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.WPD

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58.
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Answering paragraph 58, these answering defendants deny each and every allegation

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contained therein.
59.

Answering paragraph 59, these answering defendants deny each and every allegation

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contained therein.

60.

Answering paragraph 60, these answering defendants deny each and every allegation

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contained therein.

61.

Answering paragraph 61, these answering defendants deny each and every allegation

contained therein.

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62.

Answering paragraph 62, these answering defendants deny each and every allegation

contained therein.

63.

Answering paragraph 63, to the extent they contain legal conclusions, no admission

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or denial is required. Except as so stated and limited, these answering defendants deny each and every

remaining allegation contained therein.
64.

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Answering paragraph 64, to the extent they contain legal conclusions, no admission

or denial is required. Except as so stated and limited, these answering defendants deny each and every

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remaining allegation contained therein.
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Answering paragraph 65, to the extent they contain legal conclusions, no admission

or denial is required. Except as so stated and limited, these answering defendants deny each and every

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remaining allegation contained therein.
66.

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Answering paragraph 66, to the extent they contain legal conclusions, no admission

or denial is required. Except as so stated and limited, these answering defendants deny each and every

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remaining allegation contained therein.
67.

Answering paragraph 67, to the extent they contain legal conclusions, no admission

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or denial is required. Except as so stated and limited, these answering defendants deny each and every

remaining allegation contained therein.
68.

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PORTER ¡ SCOTT
350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 9l6.929.1481 FAX: 916.927,3706

Answering paragraph 68, these answering defendants deny each and every remaining

allegation contained therein.
69.

Answering paragraph 69, these answering defendants deny each and every remaining
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.WPD

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allegation contained therein.
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70.

Answering paragraph 70, these answering defendants deny each and every remaining

allegation contained therein.
71.

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Answering paragraph 71, these aiisweriiig defeiidarits deny each and every remaining

allegation contained therein.
72.

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Answering paragraph 72, these answering defendants deny each and every remaining

allegation contained therein.
73.

Answering paragraph 73, these answering defendants deny each and every remaining

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allegation contained therein.
74.

Answering paragraph 74, these answering defendants deny each and every remaining

allegation contained therein.
75.

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Answering paragraph 75, these answering defendants deny each and every remaining

allegation contained therein.
76.

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Answering paragraph 76, this paragraph contains no allegations such that any

admission or denial is required.
77.

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Aiisweririg paragraph 77, these answering defendants deny each and every allegritic)i

contained therein.
78.

Answering paragraph 78, these answering defendants deny that defendant Nafai acted

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as a mortgage broker for Mr. Ouziz. These answering defendants admit that defendant Teeter and
defendant Capitol Mortgage acted as mortgage broker for Mr. Ouziz. These answering defendants
admit that defendant Capitol Mortgage and defendant Teeter were a mortgage broker for Mr. Ouziz
and that a fiduciary duty was owed by defendant Teeter and defendant Capitol Mortgage to Mr. Ouziz.

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Except as so stated and limited, these answering defendants deny each and every remaining allegation
contained therein.

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79.

Answering paragraph 79, these answering defendants deny each and every allegation

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PORTER ¡ SCOTT
rEL: 916.929.l48i FAX: 916.927.3706

contained therein.
80.

Answering paragraph 80, this paragraph contains no allegations such that any

admission or denial is required. To the extent that a response is required, these answering defendants
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.WPD
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hereby incorporate by reference, as fully set forth herein its responses to paragraph 50 above.
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81.

Answering paragraph 81, these answering defendants deny each and every allegation

contained therein.

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82.

Answerìng paragraph 82, these answerìng defendants deny each and every allegation

contained therein.
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83.

Answering paragraph 83, these answering defendants deny each and every allegation

contained therein.
84.

Answering paragraph 84, these answering defendants deny each and every allegation

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contained therein.
85.

Answering paragraph 85, these answering defendants deny each and every allegation

contained therein.
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86.

Answering paragraph 86, these answering defendants deny each and every allegation

contained therein.
87.

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Answering paragraph 87, these answering defendants deny each and every allegation

contained therein.
88.

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Answerìrig paragraph 88, these aiisweriiig defeiidarits deiiy each aiid every allegation

contained therein.
89.

Answering paragraph 89, these answering defendants deny each and every allegation

contained therein.
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90.

Answering paragraph 90, to the extent it contains legal conclusions, no admission or

denial is required. Except as so stated and limited, these answering defendants deny each and every
remaining allegation contained therein.
91.

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Answering paragraphs 91, these answering defendants deny each and every allegation

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contained therein.

92.

Answering paragraphs 92, these answering defendants deny each and every allegation

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PORTER i SCOTT
350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706

contained therein.

93.

Answering paragraphs 93, these answering defendants deny each and every allegation

contained therein.
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
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94. Answering paragraphs 94, these answering defendants deny each and every allegation
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contained therein.

95. Answering paragraphs 95, these answering defendants deny each and every allegation
contained therein.

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96. Answering paragraphs 96, these answering defendants deny each and every allegation
contained therein.

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97. Answering paragraph 97, these answering defendants deny that plaintiffs in and the

putative class are entitled to any relief, including but not limited to the relief sought in sub-parts a
through f of

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the "Prayer for Relief."

Wherefore, these answering defendants seek relief in its favor as prayed for herein, including a judgment in its favor, dismissal of this action, an award of costs, an award of reasonable attorneys'

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fees, and such other and further relief as the Court deems appropriate.
These answering defendants do not request a jury trial on any issues.

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AFFIRMATIVE DEFENSES OF DEFENDANTS CAPITOL MORTGAGE

FIRST AFFIRMATIVE DEFENSE
Plaintiff s Complaint, and each and every cause of action therein, fails to state facts sufficient

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to constitute a cause of action, or causes of action, against Capitol Mortgage.

SECOND AFFIRMATIVE DEFENSE
Plaintiff s Complaint, and each and every cause of action therein, fails to state a cause of action

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or causes of action appropriate for equitable relief against Capitol Mortgage.

THIRD AFFIRMATIVE DEFENSE
Some or all of Plaintiff s claims are barred by the statute of limitation governing RESP A and

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Civil RICO.

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FOURTH AFFIRMATIVE DEFENSE
Some or all of Plaintiffs' claim are barred, in whole or in part, by waiver, estoppel, release,
unclean hands, laches or other equitable doctrines.

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PORTER
s COT T

FIFTH AFFIRMATIVE DEFENSE
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
TEL: 916.929.1481 FAX: 916.927.3706

00595787. WPD

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Plaintiffhas failed and refused to reduce and mitigate their alleged damages arising from the
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matters referred to in the Complaint.

SIXTH AFFIRMATIVE DEFENSE
Plaintiff was careless and negligent and at fault in and about the matters complairied of, and

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such carelessness, negligence and fault, proximately and concurrently caused the alleged damages
sustained by Plaintiff, and under the principles of comparative fault, Plaintiff must bear sole or partial

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responsibility for their injuries, damaged, and/or other alleged loss, if any there be, based on the
percentage allocation of Plaintiff s fault or negligence.

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SEVENTH AFFIRMATIVE DEFENSE
Some or all of Plaintiff s claims are barred, in whole or in part, because Plaintiff acquiesced

in or consented to the acts and omission alleged in the Complaint, or benefitted from the acts or
omissions, and accepted any and all

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loan terms and conditions agreed to.

EIGHTH AFFIRMATIVE DEFENSE
Plaintiff s Complaint, and each and every cause of action therein, is barred in that Plaintiff did

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not justify, or in fact, rely on any representation of Capitol Mortgage.

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NINTH AFFIRMATIVE DEFENSE
Plaintiff s Complaint, and each and every cause of action therein, is barred in whole or in part

in that the damage or damages alleged therein, were not proximately caused by the alleged acts,
omissions or transactions set forth in the Complaint.

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TENTH AFFIRMATIVE DEFENSE
Plaintiff s Complaint, and each and every cause of action therein, is barred in that at all times

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Capitol Mortgage acted in good faith.

ELEVENTH AFFIRMATIVE DEFENSE
Some or all of

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Plaintiffs claims are barred, in whole or in part, to the extent they are based on

the acts or omission of third parties no under the control of Capitol Mortgage.

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PORTER SCOTT
350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706

TWELFTH AFFIRMATIVE DEFENSE
Plaintiff have failed, refused and/or neglected to take reasonable steps to mitigate their
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DEFENDANTS GREGORY TEETER AND AMANDA RAWLS' ANSWER TO COMPLAINT
00595787.wPD

www.porterscott.com

Case 3:08-cv-02201-WHA

Document 17

Filed 07/25/2008

Page 14 of 14

damages, if any, thus barring or diminishing any recovery.
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Some or all of

THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiffs claims are barred, in whole or in part, because Capitol Mortgage has

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cömmitted nö act or omission causing damage to Plaintiffs.

FOURTEENTH AFFIRMATIVE DEFENSE
Plaintiffs cannot recover punitive damages to the extent such damages would violate
provisions of

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the United States Constitution, including, but not limited to, the due process clauses of

the Fifth and Fourteenth Amendments.

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FIFTEENTH AFFIRMATIVE DEFENSE
Upon information and belief, answering defendant Capitol Mortgage alleges that it presently

has insufficient knowledge or information upon which to form a belief as to whether it may have
additional, as yet unstated, affrmative defenses available. Accordingly, answering defendant Capitol
Mortgager reserves the right to assert additional affrmative defenses in the event discovery indicates

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that they would be appropriate.

Wherefore, Capitol Mortgage asks judgment as follow:
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The Plaiiitiff takes riothirig by his ComPlaint or any Claim for relief therein;

L.

That the Complaint as against Capitol Mortgage be àismissed with prejudice;
That Capitol Mortgage be awarded its costs and attorneys' fees herein; and
For such other and further relief as the Court deems just and proper.
PORTER SCOTT A PROFESSIONAL CORPORA nON
_Â"""'/'--'

3.

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4.

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Dated: July 25, 2008

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By

Timothy M. ame
Christ~#íer M. Egan Attorheys for Defendants Gregory Teeter, Individually and as Agent for

"\

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Capitol Mortgage Corporation and Amanda
Rawls, Individually

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PORTER SCOTT
350 Uiiivcrsity Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 DEFENDANTS GREGORY TEETER

14

AND AMANDA RAWLS' ANSWER TO COMPLAINT

00595787. WPD

wwwporterscott.com