Russo's Reply to Counterclaim
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Russo's Reply to Counterclaim

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Maltz'a two-page "Reply".

Maltz'a two-page "Reply".

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  • 1. 12 REPLY TO COUNTERCLAIM13 v.123456789101114151617181920212223242526RECE~VEDHARALSON, MILLER, PITT,FELDMAN & McANALLY, PLCGerald Maltz (No. 4908)One South Church Avenue, Suite 900Tucson, Arizona 85701Telephone: (520) 792-3836Facsimile: (520) 624-5080Email: gmaltz@hmpmlaw.comAttorneys for PlaintiffAPR 242013CHEIFETZ lANNITElliMARCOLlNI, RC.IN THE SUPERIOR COURT OF ARIZONAIN AND FOR PIMA COUNTYPlaintiff,(Judge Carmine Cornelio)NT PROPERTIES, LLC, Case No: C20130421666ISMONEY, LC, and SYCAMOREVISTA LAND FOR SALE, LC,Defendants.NT Properties, in reply to the counterclaim of defendant Sycamore VistaLand For Sale, LC, alleges a~ follows:1. Admit the allegations in paragraphs 1-3.2. Deny for lack of personal knowledge and information the allegationscontained in paragraphs 4-29.3. The allegations contained in paragraphs 30-41 are legal argument, notallegations of fact, and should be stricken or disregarded.4. With respect to paragraphs 42-61, admits that Sycamore Vista LandFor Sale, LC, seeks declaratory relief but denies that it states a cause of actionCalendared By. ~W Date l..(.~4·1:?Cal for. 5 We.., r:<.e>W JS7r;, - ~(0. ~. I) :I:oS
  • 2. 1234567891011121314151617181920212223242526against the plaintiff. Further alleges that the claims are barred by estoppel, unjustenrichment, the facts alleged in the complaint, and, in order to prevent waiver,plaintiff alleges all affirmative defenses contemplated by Rule 8(c).5. The purported counterclaim violates the "short and plain statement"requirement of Rule 8(a) and should be stricken or dismissed for that reason.6. The plaintiff denies each and every allegation not expressly admitted.7. The plaintiff is entitled to recovery of attorneys fees, as this is anaction arising out of contract, express or implied, within the meaning of A.R.S. §12-341.01.WHEREFORE, plaintiff/counter-defendant requests that the counterclaim bedismissed with prejudice, that counterclaim ant take nothing thereby, and that theplaintiff/counter-defendant be awarded its reasonable attorneys fees, costs, legalexpenses, and such other and further relief as may be just and proper.Dated this ~ day of April, 2013.t?HARALSON, MILLER, PITT,FELDMAN & McANALLY, PLCBy _Gerald MaltzAttorneys for PlaintiffCopy of the foregoing mailedthis ~day of April, 2013, to:Rachael B. EisenstadtCheifetz Iannitelli Marcolini, P.C.III West Monroe Street, 17th FloorPhoenix, Arizona 85003Attorneys for Defendants- 2 -