Legal Opinion

Vogel v. Huntington Oaks Delaware Partners, LLC

District Court, C.D. California

Decided July 2, 2013No. 2:13-cv-842-ODW(MANx)PublishedCited by 15 opinions

1Opinion of the Court

ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE AFFIRMATIVE DEFENSES [11]

OTIS D. WRIGHT, II, District Judge.

I. INTRODUCTION

Plaintiff Martin Vogel’s Complaint alleges that Defendant Huntington Oaks Delaware Partners, LLC failed to maintain accessible facilities in violation of state and federal laws, including the Americans with Disabilities Act. In response, Huntington submitted its Answer, which included the following 26 affirmative defenses: (1) failure to state a claim; (2) no damage or injury; (3) damage result of conduct of others; (4) recovery barred by conduct of complaining party; (5)…

2Cases cited11 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Mladen Zivkovic v. Southern California Edison CompanyCourt of Appeals for the Ninth Circuit · 2002
  5. Simmons v. Navajo County, Ariz.Court of Appeals for the Ninth Circuit · 2010

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3Cited by15 opinions

  1. Amini Innovation Corp. v. McFerran Home Furnishings, Inc.District Court, C.D. California · 2014
  2. Hayden v. United StatesDistrict Court, D. Oregon · 2015
  3. Loi Nguyen v. Durham School Services, L.P.District Court, C.D. California · 2019
  4. Albert's Organics, Inc. v. HolzmanDistrict Court, N.D. California · 2020
  5. Cota v. Aveda CorporationDistrict Court, S.D. California · 2020

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