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Hepburn

(21,054 posts)

51. Usually what happens is that the verification...

Mon Nov 5, 2012, 10:02 PM

Nov 2012

...is sent out for signature all by itself and a rep of the district (or whatever organization is being represented) signs on behalf of the defendant. And if no verification on the answer (because not a verified complaint), then some asshat just signed the answer on behalf of the defense firm and never took a look at the affirnmative defenses.

Some law firms are really sloppy ~~ you have no idea what I have seen over the years. Makes my skin crawl to have people like that in the same profession I am in.

Here is a link to some "usual and standard" California Affirmative Defenses. Note: If an Affirmative Defense is not pleaded in the answer, it is waived...that's why so many are just added as boilerplate.

http://www.californiacivilprocedure.com/Cal_Civ_Pro_Form_Practice_Directory_Answer_And_Affirmative_Defenses.htm

Does not excuse what the defense firm did...but I can see how sloppy legal pleading and work product caused this mega fail.

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School District Claims Student ‘Was Herself Responsible’ For Being Raped [View all] kpete Nov 2012 OP

Unbelievable! ISW Nov 2012 #1

wtf. omg. shoot them. now. roguevalley Nov 2012 #35

Quackery assembled in legalese. School district should be ashamed genna Nov 2012 #2

As an attorney I acknowledge that the school district's legal counsel is.... Swede Atlanta Nov 2012 #11

Thank you counselor LittleGirl Nov 2012 #36

If I was on the jury reading/hearing that defense, double the award. jerseyjack Nov 2012 #39

Really? How about pleading guilty or no contest and accept responsibility garthranzz Nov 2012 #42

this is the same thing that PG&E did to the victims in San Bruno --actually filed motions like this CreekDog Nov 2012 #52

I was not aware of that. Criminy. dixiegrrrrl Nov 2012 #54

read it and weep CreekDog Nov 2012 #59

Swede is right. Civil lawsuit version of statutory rape. Manifestor_of_Light Nov 2012 #61

A month late but I agree with you nevertheless genna Nov 2012 #84

Of course, with that strategy, isn't that school district making itself vulnerable Ken Burch Nov 2012 #81

in-house counsel or this outside firm is looking at the trees instead of the forest genna Nov 2012 #85

WHAT THE HELL! lilithsrevenge12 Nov 2012 #3

the things a lawyer will draft in order to collect that fee (salary) Supersedeas Nov 2012 #77

I really wish Hell existed Kelvin Mace Nov 2012 #4

Couple of years ago Plucketeer Nov 2012 #26

that is horrible. I am sorry to hear about the whole story, and that coach walks free. Divine Discontent Nov 2012 #41

These kind of wounds seldom heal Kelvin Mace Nov 2012 #65

I heard a story a few years ago: christx30 Nov 2012 #63

Oh, it certainly could be real Kelvin Mace Nov 2012 #64

people forget that the rules of procedure have a way to dismiss frivolous lawsuits. Manifestor_of_Light Nov 2012 #70

Exactly! Kelvin Mace Nov 2012 #74

I just wish christx30 Nov 2012 #71

In instances such as this Kelvin Mace Nov 2012 #73

Uncle couldn't use unclean hands defense? Hmm. That is wrong. Manifestor_of_Light Nov 2012 #75

What the fuck is wrong with these people ... Scuba Nov 2012 #5

Absolutely disgusting! TDale313 Nov 2012 #6

I can't imagine that defense will work InsultComicDog Nov 2012 #7

WHAT. THE. HELL. reflection Nov 2012 #8

This is boilerplate language from standard answers to complaints. geek tragedy Nov 2012 #9

I heard the administrator for the school district on the radio cosmicone Nov 2012 #10

holy shit. Wait Wut Nov 2012 #12

In Northern California, ... incredible, ... CRH Nov 2012 #13

In the Bay Area no less KamaAina Nov 2012 #16

My thoughts too! In America, you NEVER live in a bubble, I suppose. alp227 Nov 2012 #20

Moraga is part of the upper middle class/well to do/educated section. WCLinolVir Nov 2012 #47

This will not be a helpful line of defense. MissMarple Nov 2012 #14

"She was asking for it" and I am nauseous Hekate Nov 2012 #15

Are their lawyers repukes? KamaAina Nov 2012 #17

How does someone dress to attract assault? Sex I can understand, but rape isn't sex. n/t jtuck004 Nov 2012 #18

Let's see. Fetus, innocent. Birth and up, guilty as sin. Thanks! Or in other words: freshwest Nov 2012 #19

Makes me feel ill qwyatt Nov 2012 #21

What you see in the defense answer to the complaint is... Hepburn Nov 2012 #22

Perhaps. But what asshat partner approved of this answer? Is there any supervision at this firm? GodlessBiker Nov 2012 #34

Usually what happens is that the verification... Hepburn Nov 2012 #51

So the rapist was just some kind of innocent bystander? begin_within Nov 2012 #23

I think the school is maintaining that the SCHOOL was an innocent bystander... reACTIONary Nov 2012 #56

What the hell century... awoke_in_2003 Nov 2012 #24

that's why it is called statutory rape d_r Nov 2012 #25

At 12 years old, it's not even statutory rape. Xithras Nov 2012 #69

yeah that makes sense d_r Nov 2012 #80

The defense lawyers have a duty to defend, however much it may personally make them gag (or laugh). Shrike47 Nov 2012 #27

Is it possible the District's insurance would only payoff after a guilty verdict? Vincardog Nov 2012 #38

Unfortunately, this is boilerplate language Blue_In_AK Nov 2012 #28

Boilerplate or not, if I were on the jury ... TahitiNut Nov 2012 #43

Oh, I agree totally. Blue_In_AK Nov 2012 #62

And just remember, these days... SoapBox Nov 2012 #29

Blame the rape victim HockeyMom Nov 2012 #30

American Taliban at work. L0oniX Nov 2012 #31

Fire those administrators/school board members IMMEDIATELY! Dont call me Shirley Nov 2012 #32

Wow. Just wow. HooptieWagon Nov 2012 #33

That's really sick! n/t proReality Nov 2012 #37

Even if they talked her into it and she was willing she was beneath the legal age of concent.... Spitfire of ATJ Nov 2012 #40

Another jury that I would like to sit on. Curmudgeoness Nov 2012 #44

OH. my. god! No wonder our schools are having so much trouble. Administrations don't know that patrice Nov 2012 #45

Ding ding ding. Former adminstrator here Suji to Seoul Nov 2012 #55

It appears that you and I had similar experiences. patrice Nov 2012 #57

wtf? She is responsible for her rape by TWO teachers? Gimme a break. wordpix Nov 2012 #46

There's something seriously, seriously WRONG with this culture Canuckistanian Nov 2012 #48

Have they no shame? McCamy Taylor Nov 2012 #49

If thugs have their way we will see a lot of this crap. It is never the man's fault as far as they appleannie1 Nov 2012 #50

The leaders in this school district are some sick underthematrix Nov 2012 #53

Yep. If those teachers weren't in control over what was happening between themselves and patrice Nov 2012 #58

As bad as this is: naaman fletcher Nov 2012 #60

"serious consequences for our school district" ---let's hope there are consequences for those who wordpix Nov 2012 #66

This message was self-deleted by its author D23MIURG23 Nov 2012 #67

Jesus Christ Almighty! Odin2005 Nov 2012 #68

what a scheming little seductress. BlueMan Votes Nov 2012 #72

The girls father and brothers should them out back lexx21 Nov 2012 #76

Absolutely reprehensible. Disgusting administrators and that poor woman! Ugh. nt Arazi Nov 2012 #78

It is just inflammatory language Doodler71 Nov 2012 #79

With corporate lawyers like that, who needs the TeaParty Trillo Nov 2012 #82

Bloody Hell! Oubaas Nov 2012 #83

Probably standard 'we don't want to be held liable' legalese 4th law of robotics Nov 2012 #86