Free Answer to Complaint - District Court of California - California

Case 3:08-cv-01023-JLS-BLM

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JAMES W. ALCANTARA - State Bar No.: 152747 Alcantara & Associates, APC 402 West Broadway, Suite 1170 San Diego, California 92101 Telephone: (619) 233-5900 Facsimile: (619) 233-5999 Email: [email protected] Attorneys for Defendant Gregory A. Strasburg,

Individually and as Trustor and Trustee of the Gregory A. Strasburg Revocable Trust

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA WACHOVIA BANK, N.A. ) ) Plaintiff, ) ) v. ) ) M/Y JUST A NOTION, Official No. 1089525, ) her engines, tackle, furniture, appurtenances, ) ET., in rem; and GREGORY A. ) STRASBURG, as Trustor and Trustee of THE ) GREGORY A. STRASBURG REVOCABLE ) TRUST ) ) ) Defendants. ) ) ) ) CASE NO. 08CV1023 JAH AJB IN ADMIRALTY GREGORY A. STRASBURG'S ANSWER TO COMPLAINT FOR FORECLOSURE OF FIRST PREFERRED SHIP MORTGAGE

46 U.S.C. §31325; Federal Rules of Civil Procedure Supplemental Rules for Certain Admiralty and Maritime Claims, Rule C

COMES NOW Defendant Gregory A. Strasburg, Individually and as Trustor and Trustee of the Gregory A. Strasburg Revocable Trust (hereinafter referred to as "Defendant") in answer to the verified Complaint of Plaintiff WACHOVIA BANK N.A. (hereinafter referred to as ("Plaintiff"), hereby admits, denies and alleges as follows: 1. Answering paragraph 1, the allegations set forth therein are jurisdictional in nature

to which answering Defendant can neither admit nor deny, and on this basis, answering Defendant denies each and every allegation set forth in this paragraph. /// /// -1Case Number: 08CV1023 JAH AJB

GREGORY A. STRASBURG'S ANSWER TO COMPLAINT

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2.

Answering paragraph 2, answering Defendant is currently without sufficient

information and/or belief to wither admit or deny the allegations set forth therein and on this basis answering Defendant denies each and every allegation set forth in this paragraph. 3. therein. 4. therein. 5. therein. 6. therein. 7. therein. 8. therein. 9. forth therein. 10. Answering paragraph 10, answering Defendant is currently without sufficient Answering paragraph 9, answering Defendant denies each and every allegation set Answering paragraph 8, answering Defendant admits the allegations set forth Answering paragraph 7, answering Defendant admits the allegations set forth Answering paragraph 6, answering Defendant admits the allegations set forth Answering paragraph 5, answering Defendant admits the allegations set forth Answering paragraph 4, answering Defendant admits the allegations set forth Answering paragraph 3, answering Defendant admits the allegations set forth

information and/or belief to wither admit or deny the allegations set forth therein and on this basis answering Defendant denies each and every allegation set forth in this paragraph. 11. Answering paragraph 11, answering Defendant incorporates by reference the

responses set forth in paragraphs 1-10 above. 12. Answering paragraph 12, answering Defendant can neither admit nor deny the

allegations of this paragraph as they refer purely to legal argument. On that basis, answering Defendant denies the allegations of this paragraph. 13. forth therein. /// -2Case Number: 08CV1023 JAH AJB

Answering paragraph 13, answering Defendant denies each and every allegation set

GREGORY A. STRASBURG'S ANSWER TO COMPLAINT

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14.

Answering paragraph 14, answering Defendant incorporates by reference the

responses set forth in paragraphs 1-13 above. 15. Answering paragraph 15, answering Defendant can neither admit nor deny the

allegations of this paragraph as they refer purely to legal argument. On that basis, answering Defendant denies the allegations of this paragraph. 16. forth therein. FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim Upon Which Relief May Be Granted) As a distinct and separate affirmative defense to Plaintiff's Complaint on file herein, and each of its purported causes of action, answering Defendant alleges the Complaint fails to state a claim upon which relief may be granted against answering Defendant. SECOND AFFIRMATIVE DEFENSE (Statute of Limitations) As a distinct and separate affirmative defense to Plaintiff's Complaint on file herein, and each of its purported causes of action, answering Defendant alleges Plaintiff's Complaint is barred by the applicable statute of limitations and the doctrine of laches. THIRD AFFIRMATIVE DEFENSE (Failure to Mitigate) As a distinct and separate affirmative defense to Plaintiff's Complaint on file herein, and each of its purported causes of action, answering Defendant alleges the Complaint is barred in whole or in part to the extent that Plaintiff has failed to take reasonable measures to mitigate his alleged damages. FOURTH AFFIRMATIVE DEFENSE (Reasonable Conduct) As a distinct and separate affirmative defense to Plaintiff's Complaint on file herein, and each of its purported causes of action, answering Defendant alleges any and all acts of Defendant, with respect to the actions complained of by Plaintiff, were reasonable and diligent. -3Case Number: 08CV1023 JAH AJB

Answering paragraph 16, answering Defendant denies each and every allegation set

GREGORY A. STRASBURG'S ANSWER TO COMPLAINT

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FIFTH AFFIRMATIVE DEFENSE (Claims Barred and/or Limited by Terms of Contract) As a distinct and separate affirmative defense to Plaintiff's Complaint on file herein, and each of its purported causes of action, answering Defendant alleges Plaintiff's claims are barred in whole or in part by the terms, conditions, exclusions, and limitations contained in the relevant contracts entered into between Plaintiff, answering Defendant and other parties. SIXTH AFFIRMATIVE DEFENSE (Equitable Defenses) As a distinct and separate affirmative defense to Plaintiff's Complaint on file herein, and each of its purported causes of action, answering Defendant alleges the Complaint is barred on the grounds of unclean hands, collusion, doctrine of laches, waiver and estoppel. PRAYER WHEREFORE, Plaintiff prays for Judgment as follows: 1. That this court finds answering Defendant is not in default of any obligations or

agreements with Plaintiff Wachovia; 2. 3. That the Mortgage be declared valid and ongoing; That answering Defendant be awarded all costs of suit, including custodia legis

expenses; and attorneys' fees; and 4. For such other and further relief as the Court may deem just and proper. RESPECTFULLY SUBMITTED this 29th day of August 2008.

ALCANTARA & ASSOCIATES, APC

s/ James W. Alcantara JAMES W. ALCANTARA, ESQ. Attorneys for Defendant Gregory A. Strasburg,

Individually and as Trustor and Trustee of the Gregory A. Strasburg Revocable Trust

-4Case Number: 08CV1023 JAH AJB

GREGORY A. STRASBURG'S ANSWER TO COMPLAINT

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