ment (Second) of Contracts and the courts of the States of California, Washington and New York of the outright transfer of a lessor’s interest in a lease as either an assignment or a novation. Section IV offers a similar account of the characterization under English law. The analysis continues in Section. A California Court of Appeal ruled in the case of FPI Development, Inc vs. A1 Nakashima, (1991) 231 Cal.App.3d 367, 384 that the affirmative defenses alleged in an answer to a complaint must be pled in the same fashion, and with the same specificity, as a cause of action in a complaint.

The California Supreme Court recently held that the assertion of a contract as an affirmative defense does not constitute an "action" or "proceeding" for. The California Supreme Court recently held that the assertion of a contract as an affirmative defense does not constitute an "action" or "proceeding" for. Jan 24, 2020 · The answer includes four affirmative defenses, including waiver, novation and consent. The court acknowledges the parties stipulation to advance the hearing on the motion for leave to file a first amended answer to the complaint, but considers the current answer on file for purposes of the instant motion. [2] Waiver.