I am A defendant responding to a complaint and i am using affirmative Defenses after my answers. I also am trying to bring a lawsuit against the one who made the complaint who lied under perjury a officer of the state. The state is the Plaintiff The officer being the third party defendant. How would the body of the answer and affirmative defense and third party complaint look like? how would the third party get the complaint? how would the third party be brought into the law suit and action? Do you use state codes in your third party Defendant pleading?

Hello Eric,

We don't know any of the details of this case you speak of. Therefore, just offering you answers to your direct question may not be in your best interest. What do I mean?

Well first, you have already admitted to being THE DEFENDANT.
Are you sure of that? All they have is a NAME...which you assume is you. Making such an assumption can be dangerous. Especially in a case where the government is the Plaintiff.

In most cases the STATE has never even see you before. They are waiting for someone to step into their courtroom and admit to being that name. Once you do that,that's the trap!

Second, have you submitted to their jurisdiction? Are you even subject to their jurisdiction? And have you challenged their "Presumed Jurisdiction".

This whole matter may be moot if you are not subject to their jurisdiction. So I wouldn't go down the road you are suggesting without first challenging their jurisdiction.

I can't discuss this in the forum, but food for thought:
The court will ask something like, "What is your name", or "State your name".
1. Have you noticed that these questions imply possession or ownership (of the name)? Can anyone own a Name?
2. Do you know that there are various versions of "The Name"? Check Black's Law Dictionary, but here are a few:
trade name, legal name, surname, Christian name, fictitious name, corporate name and many more. And when you don't specify which you are using to identify yourself,it's my belief they will presume it for you.

You don't want the court to presume anything about you,it won't be to your advantage.
I have a Civil case bought against me in which the judge asked my name. I answered that in the papers I submitted to the court before hand. The judge acted like he didn't know what I was talking about.
I even quoted the version and page in Black Law's Dictionary. He didn't like my answer. What was my answer to the name question? I told him my Christian name.

Learn the power of the following: Affidavit, Letters of Notice.

I messed up. I have not replied to the answers from defendant written on May 1st 2018.

Can I still deny and ask for proof?

The CMC was completed 6/27/18. The defense attorney asked the judge for Mediation.

I have not discussed discovery with defendant?

Complaint has mistakes. Can I correct and see if the defendant will accept it?

Answer blames restoration company I hired should I sue them if possible?

Defendant failed to move me out until the house was safe to live in.

The house was contaminated with toxic soot and there are no safe levels of soot.

The exposure to soot could have resulted in my hospitalizations.

Due to soot exposure I may continue to have health problem soot is a carcinogen.

Due to medi-Cal insurance regulations the cost for any future long term care facilities is paid for out of my estate.

With 108,700 in LOU Coverage CSAA declined to use any of it to put plaintiff in a different location.

DOL 12/31/14 restoration not paid until 9/2/15 nine months after fire contaminated house subjecting me and my animals to toxic soot.

Restoration Company listed 3 items from things they took out of my garage.

They failed to honor the contract by submitting 3 items and 19 others were from a list of items they said they could not touch. inventory, removing hazardous waste.

I was told 1/11 I had four days left of the extension given while I was in the hospital. I explained I was just discharged from the hospital that day and everything was in storage. This saved my insurance 90,000.

I wondered if I should sue the cleaning company for breach of contract.

Upon checking into this company after the defendants answers I discovered my adjuster should have moved me out until the house could decontaminated. Soot is toxic no safe exposure levels. Nine months of exposure to soot from a lithium battery fire extinguished with water creating caustic lithium hydroxide, hydrogen. My adjuster intentionally avoided me for nine months before issuing payment payment.