N]P~F9n^RI1[`W)r6LG|9ZOnvp#1XlW#_-BA2tqHLXO,T@kO;@cGh(fePx[nWN?x%JVZP$n <>cHzS&$LFyltyxZv;;-L#}mk~Faidz--Og-)9h7lvq q=+:GFbgJ&9;Hn`O?t8~"Zhc3g+K:dFr6yZjpTfch+f%]^79@v^;\E 0000001372 00000 n Some page levels are currently hidden. Barret v. City of Margate, 743 So. Search, Statutes [ 13 0 R] A party that intends in good faith to deny all the allegations of a pleadingincluding the jurisdictional groundsmay do so by a general denial. Under previous Massachusetts law, besides being unable to join legal and equitable claims in one pleading, a plaintiff could not join causes of action unless they arose out of the same manner (G.L. A denial must fairly respond to the substance of the allegation. This changes prior Massachusetts practice. hAk0A^cL!a2lC 0000002715 00000 n Cal. An affirmative defense is not a separate cause of action. Averments in a pleading to which a responsive pleading is required, other than those as to amount of damage, are admitted when not denied in the responsive pleading. 0000000016 00000 n startxref Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. Judicial Council of California Civil Jury Instructions (2022 edition) Download PDF. endobj endobj endstream endobj 19 0 obj <> endobj 20 0 obj <> endobj 21 0 obj <>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 22 0 obj <> endobj 23 0 obj <> endobj 24 0 obj <> endobj 25 0 obj <> endobj 26 0 obj <> endobj 27 0 obj <> endobj 28 0 obj <> endobj 29 0 obj <>stream endobj In this respect, it differs fromG.L. Under prior Massachusetts practice,Payson v. Macomber, 85 Mass. 216, 218 (1868). When expanded it provides a list of search options that will switch the search inputs to match the current selection. The first sentence is similar to [former] Equity Rule 30 (AnswerContentsCounterclaim). c. 231, 25, required a separate denial "in clear and precise terms" of each "substantive fact intended to be denied," or a declaration of ignorance (cognate under Rule 8(b) to a disclaimer of knowledge or information). . This follows substantially English Rules Under the Judicature Act (The Annual Practice, 1937) O. Accord and Satisfaction, Arbitration and Award, Assumption of the Risk, Contributory Negligence, Discharge in Bankruptcy, Duress, Estoppel, Failure of Consideration, . (Page, 1926) 11305, 11314; Utah Rev.Stat.Ann. xref Information, Caucuses - Merger is now successfully accomplished. This button displays the currently selected search type. Introductions, Fiscal 735 ILCS 5/2-602. affirmative defense. ASI asserted many claims against RHCT, including one for breach of contract. Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense 923 (1957). However, G.L. Id. A plaintiff is as much entitled to be aware of the ground upon which it is claimed he should not recover as is a defendant to be apprised of the basis of the plaintiffs claim. Id. 17 0 obj Rock-Ola Mfg. 524(a)(1) and (2) a discharge voids a judgment to the extent that it determines a personal liability of the debtor with respect to a discharged debt. In your jurisdiction, the affirmative defense of fraud has five elements, (1) a false representation; (2) about a material fact; (3) made with knowledge of its untruth; (4) with intent to deceive; and (5) defendant relied on the representation. Note to Subdivision (e). Guide, Address htN0o=te !! Rule 2:12. This requirement was omitted from Rule 8(b) for several reasons: (1) Unlike the questions of the genuineness of a signature or the public ownership of a place, which are susceptible of definite answers and will not often be denied, the legal relationship between the registered owner of a motor vehicle and its operator will often call for a conclusion upon which reasonable minds may differ. PDF UNITED STATES DISTRICT COURT DISTRICT OF MAINE v. ) 1:16-cv - GovInfo - A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. In contrast, an affirmative defense is a defense that, if proven, would mitigate or eradicate the defendant's negligent conduct alleged in the complaint. ), Notes of Advisory Committee on Rules1937. 18 13 ASI argues that an illegality defense is an affirmative defense which must be pleaded in a responsive pleading or addressed in a motion to dismiss lest it be waived. c. 231, 31. As a general rule, the defense would be deemed waived. Besides a waste of printer ink, insufficiently pled and fake affirmative defenses bog down the litigation and may permit an opposing party to engage in an otherwise impermissible fishing expedition disguised as permissible discovery to supposedly bolster a valid affirmative defense. CPLR 3018(b)contains the following, non-exhaustive list of defenses that should be affirmatively pleaded in an answer: But, CPLR 3018(b) defines affirmative defenserobustly as: (i) any matter which if not pleaded would be likely to take the adverse party by surprise, or (ii) any matter which raises issues of fact not appearing on the face of a prior pleading. So, defensesother than those listed above have been held to be affirmative defenses which must be affirmatively pleaded in the answer, lest theybe waived (seeFossella v Dinkins, 66 NY2d 162 [1985] [standing to sue]; Falco v Pollitts, 298 AD2d 838 [4th Dept 2002] [adverse possession];Fregoe v Fregoe, 33 AD3d 1182 [3d Dept 2006] [truth in a defamation action]). Schedules, Order What affirmative defenses must be pled Florida? Note to Subdivision (c). 29, 143 N.E. Fla. R. Civ. Tracking Sheets, Hot & Video Archives, Session In so doing, the Court noted that [o]n prior motions [the] defendant had raised the argument that it should not be forced to commit trespass, which, the Court observed, the plaintiff had responded to. Consequently, [b]ecause [the] plaintiff was not surprised or prejudiced by its assertion, the defense may be entertained.. Library, House During RHCTs tenure, RHCT entered an equipment lease agreement with ASI (the Lease) for certain inland marine equipment, then valued by ASI at approximately $10 million (the Equipment). 0000003431 00000 n 434 0 obj <>stream 319 (1925);McNulty v. Whitney, 273 Mass. Therefore, the failure to plead an affirmative defense could have significant consequences. But, as American Stevedoring teaches, such consequences may not always follow when the defendant demonstrates that the plaintiff had a full and fair opportunity to respond to, and oppose, the defense being asserted that is, the plaintiff suffers no prejudice or surprise by the assertion of the defense. p[e%H.x3x2JUe$ 8f>/ *q/Z"_d4Gf6 (9SL{yoY . endobj 0000002937 00000 n Please let us know how we can improve this page. See [former] Equity Rules 25 (Bill of ComplaintContents), and 30 (AnswerContentsCounterclaim). Fla. R. Civ. <>>> And so, in the Courts view, the plaintiff could hardly contend it would be prejudiced or surprised by the defense. How To Attack Fake Affirmative Defenses. Reference Library, Office of the Moreover, it is necessary to allege all the elements of an affirmative defense. 4. A homeowner may under all circumstances use deadly force for self-protection in his or her dwelling. A lock icon ( PB |\MF,S5^*;eKS/\itQ3)+u+e27!,vqYv;+{?S[l|.Q7mG|\{54Ye@ggv,EB ^r`a u}x-{) SWcs`#.Yt0f1PQSdm1sR[RzXwsK6~] Sw"fVpQ"]dSFpQ9NOB? Tropical Exterminators, Inc. v. Murray, 171 So. If it is an affirmative defense, then it should be attacked based upon deficiencies in its pleading; whether it makes or assumes an admission to the facts alleged in the plaintiff's complaint and, notwithstanding, raises new matter excusing the defendant's purportedly illicit conduct. Any subsequent statutory amendments toG.L. <> c. 231, 22, which permitted "the general issue" in real and mixed actions. Hawes v. Ryder, 100 Mass. CJ, Chapter 14, Quiz 14 Flashcards | Quizlet (c) Affirmative Defenses. Massachusetts rules of court and standing orders, Rule 4.3: Arrest: Supplementary process: Ne exeat, Rule 5: Service and filing of pleadings and other papers, Rule 15: Amended and supplemental pleadings, Rule 16: Pre-trial procedure: Formulating issues, Rule 17: Parties plaintiff and defendant: Capacity, Rule 19: Joinder of persons needed for just adjudication, Rule 21: Misjoinder and non-joinder of parties, Rule 23.1: Derivative actions by shareholders, Rule 23.2: Actions relating to unincorporated associations, Rule 26: General provisions governing discovery, Rule 27: Depositions before action or pending appeal, Rule 28: Persons before whom depositions may be taken, Rule 29: Stipulations regarding discovery procedure, Rule 30: Depositions upon oral examination, Rule 31: Depositions of witnesses upon written questions, Rule 32: Use of depositions in court proceedings, Rule 34: Producing documents, electronically stored information, and tangible t, Rule 35: Physical and mental examination of persons, Rule 37: Failure to make discovery: Sanctions, Rule 40: Assignment of cases for trial: Continuances, Rule 48: Number of jurors - Majority verdict, Rule 49: Special verdicts and interrogatories, Rule 50: Motion for a directed verdict and for judgment notwithstanding the ver, Rule 55.1: Special requirements for defaults and default judgments for certain , Rule 59: New trials: Amendment of judgments, Rule 62: Stay of proceedings to enforce a judgment, Rule 65.1: Security: Proceedings against security provider, Rule 65.2: Redelivery of goods or chattels, Rule 65.3: Proceedings for civil contempt, Rule 70: Judgment for specific acts: Vesting title, Rule 71: Process in behalf of and against persons not parties, Rule 79: Books and records kept by the clerk and entries therein, Rule 80: Stenographic report or transcript, Rule 82: Jurisdiction and venue unaffected. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. CPLR 3018 (b) contains the following, non-exhaustive list of defenses that should be affirmatively pleaded in an answer: Arbitration and award Collateral Estoppel Culpable conduct of the plaintiff under CPLR Article 14-A Discharge in bankruptcy Illegality Fraud Infancy or other disability of the defendant Payment Release Res Judicata New Dimensions, 286 Va. at 36, 743 S.E.2d at 271. 1= Woodfield, the court held that a defendant "must plead an affirmative defense with enough specificity or factual See S.J.C. for the Day, Supplemental Too often defendants (and counter-defendants) assert affirmative defenses made from whole cloth. A party shall state in short and plain terms his defenses to such claim asserted and shall admit or deny the averments upon which the adverse party relies. It Seems You Cant Waive The Affirmative Defense Of Illegality After All, The Anti-Retaliation Provisions Of The False Claims Act, Eligibility Under The IRS Whistleblower Program, The Process of Submitting A Whistleblower Claim, The Whistleblower Must Voluntarily Provide Original Information, The Whistleblowers Information Must Lead To a Successful Enforcement Action, The Confidentiality Protections Under The SEC/CFTC Whistleblower Program, Anti-Retaliation Under The SEC And CFTC Whistleblower Programs, KNET, INC. V. RUOCCO: Issuing Stock For Inadequate Consideration, Arbitration Agreements May Not Be Enforceable Even When They Are Clear And Unambiguous. Just as in the statement of a claim, the requirement of certainty will be insisted upon in the pleading of a defense. Walker v. Walker, 254 So. Notes of Advisory Committee on Rules1987 Amendment. A properly pled affirmative defense includes ultimate facts sufficient to provide notice of the proof the defendant intends to rely upon to defeat the plaintiffs claim. S. Fla. Coastal Elec., Inc. v. Treasure on the Bay II Condo Assn, 89 So. This is similar to English Rules Under the Judicature Act (The Annual Practice, 1937) O. 0000005054 00000 n Committee, Side by Side A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain a short and plain statement of the claim showing that the pleader is entitled to relief and a demand for judgment for the relief sought; if a recovery of money is demanded, the amount shall be stated. 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. This rule is an elaboration upon [former] Equity Rule 30 (AnswerContentsCounterclaim), plus a statement of the actual practice under some codes. Moreover, all affirmative defense elements must be pled. 3 0 obj 69, 73 (1861), as well as under the Federal Rules, such estoppel is of doubtful validity; nonetheless cautious counsel for defendants will probably wish to preface affirmative defenses with some such language as: "If plaintiff suffered injury, as in his complaint is alleged, which is denied. Note to Subdivision (f). of Business, Calendar The discharge also operates as an injunction against commencement or continuation of an action to collect, recover, or offset a discharged debt. An official website of the Commonwealth of Massachusetts, This page, Civil Procedure Rule 8: General rules of pleading, is. 2d 642, 645 (Fla. 1972); Gonzalez v. NAFH Nat'l Bank, 93 So. <> Your client comes to you with a complaint that was recently served on him. The defense was not pleaded. endobj 0000003248 00000 n Xd9;T )(}0kp'bKovYM[#Bvk /qqNnrq`0lut>VSRmtjOuR)V$_-/#="pV7 See Note to Rule 1, supra. 5.1 Criminal Defenses - Criminal Law - University of Minnesota Rule 8(b) provides that the signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness. 9 0 obj (b) Defenses; form of denials. Payment (extinction of the claim or demand). Rule 8(d) makes the admission automatic. In granting partial summary judgment, the court rejected RHCTs illegality argument because it was not pleaded as an affirmative defense. 2d 1054, 1057 (Fla. 3d DCA 2012). Gov. Co., 2021 WL 2291101, at *3 (D. Conn. June 4, 2021) ("As these are facts that . Brighams Cafe Inc. v. Price Bros. Co., 334 Mass. Procedure & Practice for the Commercial Division Litigator. at 834. An allegation in any pleading that a place is a public way shall be taken as admitted unless a party specifically denies such allegation. Comparisons, Bill Compare 2 Ind.Stat.Ann. This principle, which so far as the Reporters can determine has not yet been enunciated by the Massachusetts Court, holds that if a defendant alleges a fact, he cannot be heard to complain if the trial court charges the jury that the defendant has assumed the burden of proving that fact. 0000007150 00000 n Legislative Auditor, Legislative Coordinating c. 231, 85Band85Care intertwined with the provisions of 85A. A party that does not intend to deny all the allegations must either specifically deny designated allegations or generally deny all except those specifically admitted. An allegationother than one relating to the amount of damagesis admitted if a responsive pleading is required and the allegation is not denied. List, Committee Meetings, Standing Analysis, House After the defendant interposed ananswer and cross-claims, the plaintiffmoved for summary judgment. See Haxhe Props., LLC v. Cincinnati . Behind Rule 8(b) lies the simple principle that a defendant's answer should unmistakably indicate to both Court and plaintiff precisely which aspects of the complaint are admitted, and which are controverted. (3) Inconsistent Claims or Defenses. Importantly, Rule 1.140(b) mandates that a motion to strike insufficient legal defenses must be filed within 20 days after service of the answer or reply. Directory, Legislative See G.L. Indeed, such a defense is no affirmative defense at all. Moreover, all affirmative defense elements must be pled. )9]-f28\.1%y[^ $)- tD"{P"SPI{1\p7HERT W? General Rules of Pleading, Colo. R. Civ. P. 8 - Casetext Under 11 U.S.C. (2)A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. Senate, Secretary (1937) 275; 2 N.D.Comp.Laws Ann. (2) If the averments are contained in a pleading to which responsive pleading is not authorized, all averments are automatically taken to have been denied. for Civil Procedure Rule 8: General rules of pleading, Rule 7: Pleadings allowed: Form of motions, Rule 8.1: Special requirements for certain consumer debts. (1)Each averment of a pleading shall be simple, concise, and direct. Rather, an affirmative defense must raise some new matter which defeats the opposing partys otherwise valid claim. should be available to [the defendant] pre-discovery, the Court grants the motion to strike the second affirmative defense without prejudice."). Other courts using Federal Rule type pleading have given great weight to common law Your analysis of the contract claim leads you to conclude that the contract is void because performance would require your client to violate certain labor laws. %PDF-1.5 Video, Webcast List of 230 Affirmative Defenses - Jeff Vail 2d 49, 51 (Fla. 1990). Subdivision (c)(1). It is a breach of counsel's obligation to the court to file an answer creating issues that counsel does not affirmatively believe have a basis.". *X H y0[.\1)_} 0)7l5 H 8 0 obj SeePayson v. Macomber, 85 Mass. Topic (Index), Rules 0000006151 00000 n %PDF-1.4 % It Seems You Can't Waive The Affirmative Defense Of Illegality After All 161 0 obj <>stream Arts Condominium v Integrated Med. . 5tpK"D;'BX2N[J'ziU_lwzY}WLWRzum5(4(zadwZA,~OB(~v*M[M;\yQ;GjV=CNy9gm;:B~;jA93=qVk9c%MdZha=t #P@Y/Y:gA'|Q EI-hC^! Counterclaim or Affirmative Defense? The Illinois Supreme Court *"KFK>1,@B4EHb(HGIRUHew:,^rJuHWOzSK3g6F6U@kYdttm6jnaQE.FuzsF-TP]Q)_Co`4ZpQJZWVpnAT^Jb&xV{ See Rule 23(b) for particular requirements as to the complaint in a secondary action by shareholders. PDF Whether the Heightened Pleading Requirements of Twombly and Iqbal Apply Schedules, Order of O 336. Fiscal Analysis, Legislative Cady v. Chevy Chase Sav. Pleadings must be construed so as to do justice. . If a responsive pleading is not required, an allegation is considered denied or avoided. The Suffolk County Commercial Division (Emerson, J.) (6) Effect of Failing to Deny. 99, 101, 2 L.Ed.2d 80 (1957). trailer Affirmative Defenses under the 2020 Rules of Civil Procedure Rule 8(a), unlike Federal Rule 8(a)(1), does not contain requirement that the claim set forth "a short and plain statement of the grounds upon which the court's jurisdiction depends." (d) Effect of Failure to Deny. 16 0 obj (1) In General. 2d 832, 833-34 (Fla. 1st DCA 1971). This article focuses on Rule 1.140(b) and how to strike insufficiently pled and fake affirmative defenses. A helpful tip is to remember that an affirmative defense cannot stand on its own if the complaint is dismissed. Rule 8(b) thus proscribes promiscuous use of the general denial except in those rare cases where defendant (and, more important, his attorney) in good faith denies each and every allegation in the complaint. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth inRule 11. Release. 494, 174 N.E. A party that intends in good faith to deny only part of an allegation must admit the part that is true and deny the rest. So, we cut and paste the list of affirmative defenses listed in MCR 2.111(F)(3) and we file these defenses with the court. The Motion Court granted ASIs motion with regard to the breach of contract claim. In certain cases, the defendant can either deny that a criminal element(s) exists or simply sit back and wait for the prosecution to . Fla. R. Civ. A tell-tale sign of a fake affirmative defense is one that asserts a generic legal principle such as "Rewriting of the Agreement by the Court is Barred." <> P. 1.110(d); St. Paul Mercury Ins. endobj %%EOF On reply, the plaintiff argued that the Court should reject thedefendants partial-constructive-eviction defense because it was not pleaded as an affirmative defense in the defendants answer. Courts will, from time-to-time, consider an unpleaded defense ifthe adverse party has notice of it through channels other than the answer. RHCT objected to the location because delivery would block city streets for a full day and was not within the 20 mile limit provided in the Lease. An affirmative defense is legally insufficient if it "lacks merit under any set of facts the defendant might allege."Neylon v. <> An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. RHCT counterclaimed for, among other things, its post-Lease storage fees for the Equipment. Please remove any contact information or personal data from your feedback. endstream endobj 435 0 obj <>stream x\[~`AZH 8@'E2yP=TU(]x"u9u.=}u=_{{x/vU~[,w+o{z&Px)o?}o(hxB?c/?ghA3woc}7Bw}F~[XM7eizgr?cZ&Nw:Y:^mqMVe0E~.dlOQ%>36\A $)p:ZJ/r40W~Z8Hj(\7?/R'/ & Task Forces, Bills In Conference endobj !cx}JHVA^" Under Rule 8(c) such disputation is called an affirmative defense; the Rule requires the defendant to set forth any and all affirmative defenses, including, as under prior law, "any facts which would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff's claim or cause of action or against a judgment recovered by the plaintiff in such action,"G.L. 1714, 4325; Hankin, Alternative and Hypothetical Pleading (1924), 33 Yale L.J. You can update your choices at any time in your settings. If it is not so pleaded, it is waived. Wisconsin Legislature: Chapter 802 Ze#0_0\_N8hEFIvHtO*P6uQfz~"qf]-Tw\7dUcMnFR =[0! The Reporters agree with Professor Moore, 2A Moore, Federal Practice, 8.27[2], that the mere raising of the defense should not shift any burden to the defendant; they recommend this position unequivocally. The feedback will only be used for improving the website. List, Bill If either of these are absent, then a plaintiff/counter-plaintiff should strongly consider moving to strike the deficient affirmative defense. A Reminder From The Commercial Division That Disloyalty Doesnt Pay Literally! Is failure to state a cause of action an affirmative defense Florida? If a recovery of money for unliquidated damages in an amount greater than $50,000 is demanded, the pleading shall state merely that recovery of reasonable damages in an amount greater than $50,000 is sought. 0000000616 00000 n 2. Auditor, Revisor Page, Commission The issue whether a claim was excepted from discharge may be determined either in the court that entered the discharge or in most instances in another court with jurisdiction over the creditors claim. In . 2d 211, 212 (Fla. 3d DCA 1984). 28, 2010, eff. To some extent this rule changes Massachusetts practice, which permitted different causes of action to be joined (with the exceptions mentioned previously), so long as the causes of action were stated in different counts. Journal, Senate Representatives, House c. 231, 7 (Sixth) (providing that a plaintiff shall not be required to elect between causes of action where the remedies are inconsistent). This page is located more than 3 levels deep within a topic. Certain statutes pertaining to real estate may, however, require unique particularity. [D]ischarge in bankruptcy is deleted from the list of affirmative defenses. Clerk, Fiscal Rule 8(a)(2) provides that the claim contain a demand for judgment for the relief to which the pleader deems himself entitled. A savvy litigatorshould keep arobust checklist of affirmative defenses,which should includethe affirmative defenses listed in CPLR 3018(b), as well as the grounds for dismissal under CPLR 3211(a). Rules, Educational That [name of plaintiff] knew [name of defendant] was required to [insert . Title III Pleadings and Motions (Rules 7-16), 2014-2023 The National Court Rules Committee, Purchase the 2023 Edition of the Federal Rules of civil Procedure for just $19.50, Title I Scope of Rules; Form of Action (Rules 1 and 2), Title II Commencing an Action; Service of Process; Pleadings, Motions, and Orders (Rules 3-6), Title V Disclosures and Discovery (Rules 26-37), Title VIII Provisional and Final Remedies (Rules 64-71), Title IX Special Proceedings (Rules 71-73), Title X District Courts and Clerks: Conducting Business; Issuing Orders (Rules 77-80), Title XI General Provisions (Rules 81-86), Title XII Appendix of Forms [Abrogated], Title XIII Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (Rules A-G). of Manhasset Med. 0000002066 00000 n What's an Affirmative Defense? Dec. 1, 2007; Apr. ls;+~s& g++1P(r5"ba%BN`/LbiT7CtsDF AKe{skzg;U}JYA:9>5k?irU&^/+3^l"_D~%QO D[ Rule 1.140(b) permits motions to strike insufficient legal defenses. The concept of a defendant being allowed to plead the statute of limitations as a defense is derived from the common law. Such an "affirmative defense" will very likely be no affirmative defense at all when viewed against the causes of action in the case at bar. The only Massachusetts statutes dealing with this point, G.L. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. ASI sought the return of the Equipment and recovery of compensatory and punitive damages. Rule 8(e)(1) merely emphasizes the fact that under Rule 8 no technical forms of pleading are required. Currently before the Court is Plaintiffs' Rule 12(f) motion to strike Defendants' second affirmative defense, which invokes discretionary act immunity under Cal. CPLR 3018 (b) contains the following, non-exhaustive list of defenses that should be affirmatively pleaded in an answer: Arbitration and award Collateral Estoppel Culpable conduct of the.