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Affirmative Defenses

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Runnymede Holdings, LLC v. Foster (2023) 96 Cal.App.5th Supp. 1

A defendant may raise unpleaded affirmative defenses in opposition to the plaintiff's summary judgment motion so long as the plaintiff is given adequate notice and an opportunity to respond.  See Cruey v. Gannett Co. (1998) 64 Cal.App.4th 356, 367; Wang v. Nibbelink (2016) 4 Cal.App.5th 1, 11.  The court may consider unpleaded affirmative defenses, if the complaint alleges facts supporting… Read More