Advantec Group, Inc. v. Edwin's Plumbing Co.
California Court of Appeal
63 Cal. Rptr. 3d 195 (2007)
Advantec (plaintiff) sued Edwin's Plumbing (defendant) for breach of contract; Edwin's filed a cross-complaint for breach of contract, alleging it was a licensed California plumbing contractor, which Advantec answered with a general denial. At trial, when Edwin's tried to prove its license, Advantec objected and demanded a verified license certificate; the trial court sustained the objection, denied Edwin's request for a continuance late in the four-day trial, and granted nonsuit against Edwin's cross-complaint. Edwin's appealed, arguing Advantec should have specifically pleaded the licensing issue as an affirmative defense.
Whether a defense that only responds to a complaint's essential allegations raises a new matter that the defendant must specifically plead as an affirmative defense.