Ross Law, Inc. is located in Santa Monica, CA and serves clients in and around Beverly Hills, Century City, Pacific Palisades, Burbank, Glendale, Toluca Lake, Pasadena, Encino, Tarzana, Playa Del Rey, Torrance, Manhattan Beach, Redondo Beach, El Segundo, Woodland Hills, Wilmington, Harbor City, Carson, Torrance, San Pedro, Long Beach, Gardena, Paramount, Lynwood, Bellflower, South Gate, Los Angeles, Hawaiian Gardens, Artesia, Huntington Park, Cerritos, Bell, Norwalk, Maywood, Santa Fe Springs, Pico Rivera, Whittier, Hacienda Heights, Rowland Heights and Los Angeles County. 2d 734; American Medical International, Inc. v. Feller (1976) 59 Cal.App. 4 15 It is well settled that a dismissal or discontinuance of a former action at any time before the trial of a subsequent action, or even before the conclusion of such trial, completely removes the objection that a former action is still pending and the judgment would thereby become a conclusive determination of the rights of the parties. is required by Code of Civil Procedure 446. [2] On July 7, 1970, the marshal served on defendants [Woods] a notice to quit. 11 Petitioner denies and avoids Respondents' affirmative defense. Sample California demurrer to complaint for breach of contract, Sample California reply to opposition to motion, Sample california demurrer to eviction complaint, Sample ex parte application for osc for civil contempt in California, Sample motion for relief from forfeiture of lease in California, Sample California motion to vacate order of dismissal, Sample California motion to compel further responses to special interrogatories, Sample ex parte application to dismiss complaint in california. ) However, defendants should be aware that this defense is narrowly construed which means that the law and courts interpret statutory authority very strictly. if the injunction mandates that a party take a particular affirmative action, for example removing a structure built in an easement, such an injunction may be deemed . 19 (Cal. The fraudulent deed is demonstrably false. Defenses:". 1 TO DEFENDANT____________________, AND THEIR ATTORNEYS OF RECORD: Any Attorney or, 1 WebAmaro (2013) 213 Cal.App.4 1102, 1110 [any conduct that violates conscience, good faith or other equitable standards of conduct is sufficient to invoke the doctrine of unclean hands].