Fictional answer to complaint for trespass to land

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Random County Circuit Court

Random County, State of Unicornia

Fictional Victim, an Individual, Plaintiff

v.

Angry Neighbor, an Individual, Defendant

 

Defendant's Answer to Complaint for Trespass to Land

Angry Neighbor hereby answers and asserts an affirmative defense to the Complaint of Plaintiff Fictional Victim.

 

General Denial

Unless specifically admitted below, Defendant denies each and every allegation contained in the Complaint.

 

Preliminary Statement

1.  Defendant denies the allegations in paragraph 1 of the Complaint.

2.  Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 2 of the Complaint and on that basis denies these allegations.

3.  Defendant states that paragraph 3 contains conclusions of law and not factual allegations to which an answer is required.

 

Jurisdiction and Venue

4.  Defendant states that paragraph 4 contains conclusions of law and not factual allegations to which an answer is required.

5.  Defendant admits the factual allegations in paragraph 5.  Other statements in paragraph 5 are conclusions of law and not factual allegations to which an answer is required.

 

General Allegations

6.  Defendant admits the factual allegations in paragraph 6.

7.  Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 7 of the Complaint and on that basis denies these allegations.

8.  Defendant denies the factual allegations in paragraph 8.

9.  Defendant denies the factual allegations in paragraph 9.

10.  Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 10 of the Complaint and on that basis denies these allegations.

11.  Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations regarding Plaintiff's behavior in paragraph 11 of the Complaint and on that basis denies these allegations.  Defendant denies all other allegations in paragraph 11.

12.  Defendant denies the allegations in paragraph 12.

13.  Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation.

 

COUNT 1 - TRESPASS TO LAND

14.  Defendant re-alleges and incorporates by reference paragraphs 6 through 13 of this Answer as if fully set forth herein.

15.  Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 2 of the Complaint and on that basis denies these allegations.

16.  Defendant denies the allegations in paragraph 16.

 

RESPONSE TO PLAINTIFF'S PRAYER FOR RELIEF

17.  Defendant denies that Plaintiff is entitled to any compensatory relief from Defendant in this action, either as prayed for in the Complaint or otherwise.

18.  Defendant denies that Plaintiff is entitled to any injunctive relief from Defendant in this action, either as prayed for in the Complaint or otherwise.

19.  Defendant denies that Plaintiff is entitled to any relief whatsoever from Defendant in this action, either as prayed for in the Complaint or otherwise.

 

AFFIRMATIVE DEFENSE 1

20.  Defendant did not intentionally walk onto Plaintiff's land on or around June 19, 2008.  

21.  Defendant states that on or around June 19, 2008, he was pushed against his will by an unknown person as he walked from his front door to his car.  

22.  Defendant is without knowledge or information as to the possibility of any unintentional physical entry onto Plaintiff's land as a result of the physical force used against Defendant by the unknown person described in paragraph 21 above.

 

DEFENDANT'S PRAYER FOR RELIEF

WHEREFORE, Defendant prays for Judgment and Relief as follows:

23.  Entering judgment against Plaintiff in favor of Defendant with respect to Plaintiff's Complaint and Defendant's Affirmative Defense.

24.  Denying all remedies sought by Plaintiff in the Complaint.

25.  Dismissing the Complaint with prejudice.

26.  Awarding Defendant any further relief as the Court may deem just and proper.

 

Dated: September 27, 2009

Random County, UNICORNIA State 

 

Respectfully Submitted By,

Honest Advocate,

Counsel for the Defendant