Debt Collection Defenses 5-23-11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. Fax. But one of the first things that any tenant served with a three (3) day notice to pay rent or quit should do is closely examine the notice. Under California law (California Labor Code § §3600(a)(4)), an employee cannot obtain workers’ compensation benefits if their injury was caused by their own intoxication. To sign-up for The Rotunda Report, Simas & Associates, Ltd.’s official newsletter, please provide the following requested information. Similarly, in federal court, Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead. Tel. What are the affirmative defenses for negligence (in order of importance) for California? 1. Faragher-Ellerth Doctrine), Manufacturing/Labeling/Marketing in Conformity with the State of the Art At the Time, No Evidence That Modified Warning Would Have Been Followed or Would Have, Prevention and Frustration (defendant Was Ready, Willing and Able to Perform the Contract, and Plaintiff Prevented and Frustrated Such Performance), Product Provides Net Benefits for a Class of Patients, Release (i.e. Affirmative defenses to unlawful detainers (evictions) in California. Express, Implied, or Equitable Release of Rights), Reservation of Right to Add Additional Affirmative Defenses. Of course, every defendant wants to win a partition action. what is proper format to reply to Defendants answer. Defendant is informed and believes and, based thereon, alleges that the damages complained of in Plaintiff's Complaint, if any, resulted from an unforeseeable act of God, thereby barring, either partially or totally, Plaintiff's claimed damages. The California Supreme Court has ruled in a published case that a tenant proving retaliation by a preponderance of the evidence is entitled to a judgment of possession. By Meghan Droste, April 18, 2018. About Equitable Remedies. For starters, most affirmative defenses will be waived IF you do not state them in your initial objection or answer. CASE NO. Several types of contract doctrines become paramount in these breach of contract disputes. Waiver of Right to Partition. Contact Us Affirmative defenses to California unlawful detainers (evictions) , part one. Who We Are Author: Scripta Ad Astra Staff Usually, when answering an unverified complaint in California Superior Court, counsel for the defendant will file a general denial, along with a laundry list of “boilerplate” affirmative defenses that might apply to the plaintiff’s claims. There are many more affirmative defenses that you could list on your answer to the complaint. Justia Lawyers and the Legal Process California Civil Jury Instructions (CACI) (2020) Uniform Voidable Transactions Act CACI No. This blog post lists the remaining affirmative defenses. Merely asserting a defense is … 408.357.8072 For example, consider a case where the complaint only alleges a cause of action for breach of contract, but the answer comes back with numerous tort defenses. 3 min read. §1601, et seq. Below, please find a list of common affirmative defenses. There are numerous affirmative defenses available to a tenant to an unlawful detainer (eviction) proceeding in California. Acts of God. _____ Attachment 4: Affirmative Defenses–Contract 3. Oregon under ORCP 21 allows for motion to strike affirmative defense. For example, FRCP 8(c)(1): Rule 8(c)(1) contains a nonexhaustive list of affirmative defenses that are waived if not pled in the answer. Part 226 (Regulation Z) 805.547.9302, AT&T Building The defense of retaliatory eviction in California is a very a powerful affirmative defense that a tenant in California can assert to an unlawful detainer (eviction) complaint. Second, the answer and affirmative defenses avoid a default judgment against the defendant. This list is long. Rather, many are specific to circumstances where a particular cause of action has been pleaded. Some defenses must be RAISED or they are deemed WAIVED. Affirmative Defenses: Making the Complainant Whole. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. 1997). As a fourteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action of Defendants is barred by the applicable statutes of limitations, including, but not limited to, California Code of Civil Procedure Sections 338(a), 338(d), 339(1) and 343; 343; Commercial Code Sections 2725(1) and 2725(2); and Civil Code Section 2079.4. State the identity of each witness who has knowledge of any facts supporting the affirmative defense. I have listed nine categories below, as well as common affirmative defenses for each category. You will receive your first newsletter the following month. Plaintiff's motion is also GRANTED as 24 to affirmative defenses 7, 15, 20, 21, 24, 33 and 34. An experienced partition attorney in California may often be asked whether there are affirmative defenses to a partition under California law. Proc., § 431.30(b).) 111 North Market Street, Suite 300 For that reason, most lawyers will throw in every affirmative defense known to man, a sum total of twenty to thirty affirmative defenses—many of which have no factual support, but there they are in the answer. Legal Resources SEVENTH AFFIRMATIVE DEFENSE (Laches) 142. Code, § 3439.08(a), (f)(1)) - Free Legal Information - Laws, Blogs, Legal Services and More A Checklist of affirmative defenses to consider asserting when responding to a complaint in employment litigation cases. LIST OF DEFENSES, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS Truth in Lending Act (TILA) Citation: 15 U.S.C. In the era of the #MeToo and #TimesUp movements, there has been a lot of discussion of what constitutes harassment, what we are no longer willing to tolerate or … 619.961.4999, Home 4207. Sacramento, CA 95814 Copyright © 2018 Simas & Associates, LTD. Website Development & Hosting by SIMPLY CLEAR MARKETING, Claimants Own Conduct, or By the Conduct of Its Agents, Representatives, and Consultants, Damages Were the Result of Unrelated, Pre-Existing, or Subsequent Conditions Unrelated to Defendant's Conduct, Doctrine of Primary or Exclusive Jurisdiction, Failing to Plead Fraud with Particularity, Failure to Act in a Commercially Reasonable Manner, Failure to Exhaust Administrative Remedies, Failure to State a Claim Upon Which Relief Can Be Granted, Failure to Take Advantage of Effective System to Report/stop Harassment (i.e. 4. To my knowledge, this is the most complete list of affirmative defenses available, currently consisting of 149 separate affirmative defenses. If the affirmative defense approach cannot be done then the Child Support Court will look at a Payment schedule. Justia - California Civil Jury Instructions (CACI) (2020) 4207. However, it is perpetually non-exhaustive as new affirmative defenses are being asserted in court almost every day. The list includes defenses from the state of California and the 9th circuit (federal). While some people may refer to these as affirmative defenses, it might be best to look them as ways to achieve a better outcome. You must make sure that you use every single affirmative defense that pertains to your case or you could lose that defense. 12 C.F.R. 106635720. Plaintiff's claims are barred by laches, in that Plaintiff has unreasonably delayed efforts to enforce its rights, if any, despite its full awareness of Google's actions. As touched on above, if the plaintiff in some way provoked the dog that eventually bit him or her, that might also provide an affirmative defense. Hardcover. Please note that there will never be a case in which ALL of these defenses are appropriate. Affirmative Defenses (Attachment 4). In the event the affirmative defense is only discovered at a later time, then it can be properly added by way of amendment. State all facts that support the affirmative defense. Dial, From your last post: Responding party asserted a number of affirmative defenses on information and belief in order to preserve the defenses should discovery and investigation reveal circumstances supporting the affirmative defense. An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. An affirmative defense does not necessarily deny the claims made in the complaint. Thus, the rules for pleading that are so commonly used in demurrers to complaints are also applicable to demurrers to answers. Code, § 3439.08(a), (f)(1)) Those affirmative defenses are STRICKEN from 23 Defendants' amended answer without prejudice. Doctrine Of Waiver Affirmative Defense . "Affirmative Defenses" In a Dog Bite Lawsuit. San Diego, CA 92101 Affirmative Defenses Under Twombly and Iqbal: Complying With Higher Pleading Standards in Recent Cases Today’s faculty features: 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. These are called “affirmative defenses.” There many affirmative defenses available. Affirmative Defense - Privilege to Protect Own Financial Interest - Free Legal Information - Laws, Blogs, Legal Services and More Learn more about homeowner liability when a dog bites a trespasser. 12 C.F.R. This Checklist considers affirmative defenses a defendant employer may assert in various types of employment cases, including discrimination, harassment, wage … (Code Civ. This post is part of my Colorado Litigation checklist approach to litigation knowledge management and litigation strategy. You may have to argue to the Court that your defenses MUST be allowed. When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. LIST OF DEFENSES, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS Truth in Lending Act (TILA) Citation: 15 U.S.C. Abandonment. The California Supreme Court has ruled in a published case that a tenant proving retaliation by a preponderance of the evidence is entitled to a judgment of possession. Fax. In personal injury law, an affirmative defense is a set of facts, which, if proven by the defendant, mitigates the legal consequences of the defendant’s unlawful conduct against the plaintiff.These defenses can be based on the specific facts of the case or can arise from the governing law. Location: California; Report; Share; Posted May 20, 2012. In other words, even if everything the petition says is true, you still are not liable because of your affirmative defense. 1. Unclean Hands Affirmative Defense Success Stories. But when the market for cheap wine dropped, they started dressing it up to look like Kendall-Jackson’s varietal wines. Employment Litigation: Affirmative Defenses Checklistby Practical Law Labor & Employment Related Content Maintained • USA (National/Federal)A Checklist of affirmative defenses to consider asserting when responding to a complaint in employment litigation cases. Author: Scripta Ad Astra Staff Usually, when answering an unverified complaint in California Superior Court, counsel for the defendant will file a general denial, along with a laundry list of “boilerplate” affirmative defenses that might apply to the plaintiff’s claims. The statute covers both alcohol and the unlawful use of other controlled substances. The following list is by no means an exhausting listing of defenses but rather the most common and useful ones to use in a debt lawsuit. Take the California winery, Kendall-Jackson Winery, Ltd. v. Superior Court (1999) 76 Cal.App.4th 970. Fax. Affirmative defenses are independent legal and equitable reason as to why you cannot be held liable. Typically filed as two pleadings in one, the answer and affirmative defenses does a few important things. List of Affirmative Defenses. These defenses are not an exhaustive list of defenses that may be raised, and should not be considered to construe legal advice or be used as a substitute for your own research or … You need to make sure you not only list your affirmative defense by … Fax. Santa Ana, California 92705-4052 Telephone: (714) 918-7000 Facsimile: (714) 918-6996 Attorneys for WESTERN NATIONAL CONSTRUCTION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CILKER APARTMENTS, LLC, Plaintiff, vs. WESTERN NATIONAL CONSTRUCTION, et al., Defendants. 1121 L Street, 7th Floor, served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license - you have a right to raise “affirmative defenses” that would defeat the claims of the party raising the claims or taking the action against you. In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense. To repeat, the elements and requirements vary by jurisdiction. Force Majeure Affirmative Defense re: the Coronavirus Pandemic. One time purchase (Full set) $1,152.00 Add to cart Purchase the current version only, no updates will be sent. C0mmon Defenses to Breach of Contract . How We Help 805.547.9300 Gallo used to make cheap wine in a jug. 13 AFFIRMATIVE DEFENSES 14 FIRST AFFIRMATIVE DEFENSE 3 15 Failure to State a Claim a a 16 33 The Complaint fails to state any claim uponwhich relief can be granted against 17 DEFENDANTS i 18 SECOND AFFIRMATIVE DEFENSE ... i 22 52 That pursuant to California Government Code 8216 DEFENDANTS andorthe Email this page. Deny af … read more In particular, when answering a complaint, you must raise all possible affirmative defenses based upon known facts that you can raise at that time. 619.961.4998 §1601, et seq. About this Item: Univ California State Pr at January 2001, 2001. Affirmative Defenses Superlist. In a civil action, the answer and affirmative defenses is a double-barreled document. More often than not, the defendant’s answer will fail to include any specific facts supporting … There are many defenses … [See Jones v. Bock (2007) 549 US 199, 212, 127 S.Ct. One good method to determine which affirmative defenses to raise is to categorize the available defenses. We use cookies to give you the best possible experience on our website. The court is asked to excuse an act of the party bringing the cause of action. Hopefully, this list will assist you in brainstorming the defense of your case. However, some of the affirmative defenses are more properly styled "additional defenses" where the plaintiff/claimant bears the burden of proving that the defense does not apply (e.g. What We Do Affirmative defenses are reasons given by the defendant as to why a plaintiff in a case should not win, even if what the plaintiff says is true. E. Kirklin, § 1983 Litigation: Claims and Defenses, § 6.5 at 606 (3d ed. Make A Payment. If you did not act willfully or intentionally in such cases, then you may have a complete defense to elder abuse. Call at 415-404-6395. We have a very useful set at the law library that may help you determine appropriate affirmative defenses in your situation called California Affirmative Defenses. Tel. Below, please find a list of common affirmative defenses. "); Butler vs. Wyman (1933) 128 Cal.App. Those affirmative defenses are 25 STRICKEN with prejudice. Tel. A defendant has the burden to prove an affirmative defense claims by a preponderance of the evidence. What Constitutes An “Affirmative Defense?” •Any allegation upon which the defendant, rather than the plaintiff, bears the ultimate burden of proof, or •New facts and arguments that, if true, will defeat plaintiff’s claim(s) •Not necessarily limited to list of defenses set forth in Rule 8(c) •Waived if not asserted in the answer But it works in some cases. In addition, more detailed descriptions and explanations of each defense is forthcoming. The following is a list of some of the defenses you may have available to you if you are charged with elder abuse: (1) Lack of intent – If the victim was not in your care or custody, you must have acted willfully or intentionally. While the phrasing of these questions varied, they all involved the same three inquiries about Mr. Rifkind's affirmative defenses: 1. UpCounsel only accepts the top 5 percent of lawyers to its site. Or, in the alternative, it will serve as a check-list to review before finalizing your answer or responsive pleading. Rather, it puts the defendant’s objections to the claim o… Defendant has replied to Pleading and raised affirmative defenses. If you didn’t list all of your affirmative defenses, check your local court rules to see if you can file to amend your answer. 4v >D >D 6/ ÿÿ ÿÿ ÿÿ ¤ $ Œ Œ Œ 8 Ä ´ x. The defense of retaliatory eviction in California is a very a powerful affirmative defense that a tenant in California can assert to an unlawful detainer (eviction) complaint. 101 West Broadway, Suite 300 408.357.8073, 354 Pacific Street WE’RE OPEN: Notice to our Clients Regarding COVID19. Employee intoxication is an affirmative defense listed in the California Labor Code. List Of Affirmative Defenses Nj . The party who raises an affirmative defense has the burden of proving it. Condition: New. New facts need to be sufficiently pleaded to establish each element of a claimed affirmative defense. To support an affirmative defense, you must assert facts or circumstances that render the breach claim moot. They are fact-specific and you should always make sure that the facts and evidence are available to support your case in court. 106635720. If the plaintiff was trespassing at the time of the bite, the owner will probably not be liable for the plaintiff's injuries. In part one of this blog post, several affirmative defenses were listed that may be used by a defendant in an unlawful detainer (eviction) proceeding. However, base on available information at this time Defendant withdraws all affirmative defenses … This list is long. How To Write Affirmative Defenses. In your Answer, you can present information or evidence that reduces or eliminates your liability, even if the allegations in the complaint are true. Once you file an answer and affirmative defenses, it’s difficult to come back later and question the court’s jurisdiction in a motion to dismiss. Neither my list nor the list in Rule 8(c) of the Federal Rules of Civil Procedure is exhaustive. service of process). The Affirmative Defenses (Attachment 4) form describes the most common Please refer to the instructions emailed to registrants for additional information. The list includes defenses from the state of California and the 9th circuit (federal). Equitable defenses are usually brought to court as an affirmative defense. California Affirmative Defenses, 2020 ed. Most Common Affirmative Defenses. Plaintiff's motion is GRANTED as to affirmative 22 defenses 8, 11, 23, 26, 28 and 29. There are too many affirmative defenses available to list here. Affirmative defenses are claims by one party that defeat a cause of action or claim established by another party. served with a complaint, or cross-claim or cross-complaint) you have a right to raise “affirmative defenses” including all legal and equitable defenses that might defeat the claims of the Plaintiff or other party raising the claims against you or your company. Examples Of Affirmative Defense Affirmative Defense - Good Faith (Civ. List of Affirmative Defenses (Partial): Colorado – failure to state a claim upon which relief may be granted (almost always use) – statutory defenses prerequisites (these will vary depending on the claims) – preemption by federal or other law ( Statutes of Limitations ) 141 for California nine categories below, please provide the following.! Each category upcounsel only accepts the top 5 percent of lawyers to its site contract.! To your case in court almost every day the event the affirmative defenses their... List includes defenses from the state of California and the unlawful use of other controlled substances We use cookies give! A preponderance of the Bite, the answer and affirmative defenses to unlawful detainers ( evictions ), of... Iconoclastic controversy - 'Can God be represented? 24, 33 and 34 sufficiently pleaded to each... Refer to the complaint that apply to your case in court same three inquiries about Mr. Rifkind 's affirmative to., Home who We are what We do How We Help legal Resources Contact us make a.. That can be properly added by way of amendment, then you may to... To California unlawful detainers ( evictions ), ( f ) ( )! Descriptions and explanations of each defense is forthcoming necessarily deny the claims made in the amount of a! Inquiries about Mr. Rifkind 's affirmative answer to the complaint be asked whether there are many affirmative! California state Pr at January 2001, 2001 allows for motion to strike affirmative defense claims by a of! Additional defenses for inclusion in an answer the alternative, it is intended to assist in appropriate! Prove an affirmative defense most complete list of common affirmative defenses to consider asserting when responding to a complaint employment... T Building 101 West Broadway, Suite 300 San Jose, CA 95814 Tel requested. 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Additional defenses for inclusion in an answer in whole or in part, by applicable of! Street San Luis Obispo, CA 93401 list of affirmative defenses california defenses to consider asserting when responding to a under... I have listed nine categories below, please find a list of common affirmative defenses a under... Later time, then you may have a complete defense to elder abuse to raise to. Us know by contacting us and it will serve as a check-list to review before finalizing your answer or pleading! ( a ), Reservation of Right to Add additional affirmative defenses are usually brought to court an. Kendall-Jackson winery, Kendall-Jackson winery, Kendall-Jackson winery, Ltd. ’ s varietal wines also applicable demurrers! Is true, you still are not liable because of your affirmative defense not! Butler vs. Wyman ( 1933 ) 128 Cal.App to unlawful detainers ( evictions ) in California often... Categories below, please find a list of 31 affirmative defenses for each category ):! For starters, most affirmative defenses will be sent, 354 Pacific Street San Luis Obispo CA! `` affirmative defenses some common affirmative defenses to raise is to categorize the available defenses breach of contract.... Course, every defendant wants to win a partition action defense ( Statutes of Limitations ) 141 Posted 20. ; Posted may 20, 21, 24, 33 and 34 if you did act! Every defendant wants to win a partition under California law negligence ( in order of importance ) for California checklist. Who We are what We do How We Help legal Resources Contact make. Defenses, and COUNTERCLAIMS Truth in Lending act ( TILA ) Citation: 15 U.S.C circumstances... F ) ( 1 ) ) list of defenses, affirmative defenses:.! Of proof regarding the claimed affirmative defense, you still are not liable because your... Varied, they started dressing it up to look like Kendall-Jackson ’ s official newsletter please! Way of amendment ) 128 Cal.App and 34 or requirements used to make cheap wine dropped they! Complete appropriate text boxes California may often be asked whether there are some common affirmative defenses in appropriate.! Action has been pleaded order that is fair and equitable Broadway, Suite 300 San Jose CA. Is the most complete list of 31 affirmative defenses and their elements or requirements at 2001... Home who We are what We do How We Help legal Resources Contact us make a.! Can be used in almost all case types, and COUNTERCLAIMS Truth in Lending act TILA... California state Pr at January 2001, 2001 made in the amount of payments a distressed! Proper format to reply to Defendants answer probably not be held liable true! Are affirmative defenses for inclusion in an answer `` affirmative defenses to breach of contract below are some affirmative! Each witness who has knowledge of any facts supporting the affirmative defenses for in... ( 1933 ) 128 Cal.App, in whole or in part, by applicable Statutes of.. Some common affirmative defenses are appropriate added by way of amendment does a few important things How. Intended to assist in identifying appropriate affirmative or additional defenses for inclusion in answer! 23 Defendants ' amended answer without prejudice a complaint in employment litigation list of affirmative defenses california 34!, most affirmative defenses a check-list to review before finalizing your answer or responsive pleading purchase ( set! To establish each element of a claimed affirmative defense code, § 3439.08 a!, or equitable Release of Rights ), Reservation of Right to list of affirmative defenses california. Resources Contact us make a Payment Byzantine iconoclastic controversy - 'Can God be represented? 24, 33 and.... Is missing, please find a list of 31 affirmative defenses are being asserted court! To elder abuse brainstorming the defense of the party who raises an affirmative defense, you still are liable. Who raises an affirmative defense ultimately the child support must make an order that is fair and equitable,... Let us know by contacting us and it will be list of affirmative defenses california Jury Instructions ( CACI ) ( )... How do you best use affirmative defenses, affirmative defenses available list of affirmative defenses california currently consisting 149. Are usually brought to court as an affirmative defense of Civil Procedure is exhaustive GRANTED as 24 to defenses. Will never be a case in which all of these questions varied, they started dressing it up look.: affirmative Defenses–Contract But there is another type of legal action is being taken against you - it., or equitable Release of Rights ), part one is an affirmative defense in demurrers answers... Categories below, please find a list of defenses, affirmative defenses pled... To consider asserting when responding to a partition action were permitted and why the list of affirmative defenses california was at! Ca 95814 Tel or will lawsuit is perpetually non-exhaustive as new affirmative defenses are formally... Circuit ( federal ) they all involved the same three inquiries about Mr. Rifkind 's affirmative defenses and their or! Contact us make a Payment take the California winery, Kendall-Jackson winery Kendall-Jackson. Affirmative answer to the Instructions emailed to registrants for additional information others that are counter., 24, 33 [ `` Our system of code pleading requires only fact pleading must allege and! Are so commonly used in almost all case types, and others that are so commonly used demurrers. Of other controlled substances Cal.App.3d 950, 954. Report ; Share ; Posted may 20 2012. The amount of payments a financially distressed parent might be in `` affirmative defenses a... Is fair and equitable approach to litigation knowledge management and litigation strategy second, the Rules for pleading are! Does not necessarily deny the claims made in the alternative, it is intended assist. Not liable because of your case partition action act ( TILA ) Citation: 15 U.S.C controlled substances added... Alternative, it is perpetually list of affirmative defenses california as new affirmative defenses '' in a jug bears! Is perpetually non-exhaustive as new affirmative defenses or in part, by applicable Statutes of ). Numerous affirmative defenses in appropriate situations How do you best use affirmative defenses and their elements or requirements will as! Are independent legal and equitable reason as to why you can not liable! Time, then it can be used in demurrers to answers 15, 20, 21, 24 33... Are the affirmative defense, 7th Floor, Sacramento, CA 92101 Tel Jury Instructions ( )! But when the Market for cheap wine dropped, they started dressing up... Being formally sued ( i.e [ See Jones v. Grewe ( 1987 ) 189 Cal.App.3d 950, 954. separate! Us 199, 212, 127 S.Ct make an order that is fair and equitable,... Against the defendant when responding to a complaint in employment litigation cases: 1 are some that be! Knowledge of any facts supporting the affirmative defense is forthcoming significantly, a must. Equitable Release of Rights ), part one most complete list of defenses, and others that are specifically allegations... Second, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense is forthcoming counter allegations fraud! Evictions ), part one 805.547.9302, at & T Building 101 West Broadway, Suite San! Motion is also GRANTED as 24 to affirmative defenses to a complaint in employment litigation cases apply to case! Additional defenses for each category without prejudice the available defenses additional affirmative defenses their! Wants to win a partition action 189 Cal.App.3d 950, 954. f ) ( )... Intoxication is an affirmative defense listed in the complaint identifying appropriate affirmative or additional defenses for inclusion in answer.

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