Does defendants have a Ninth Affirmative Defense?

Defendants' ninth affirmative defense states that the claims against defendants should be reduced because plaintiff's harm was caused by "wrongful acts of third parties." (ECF 21; Pl.'s Mot. at 9.) Plaintiff argues that this defense should be stricken because it challenges plaintiff's prima facie case, and therefore is not properly raised as an affirmative defense. (Pl.'s Mot. at 9). However, due to the conclusory nature of defendants' pleading, the court cannot discern the nature of defendants' ninth affirmative defense. Compare G & G Closed Circuit Events, LLC v. Nguyen, 2010 WL 3749284, at *2 (N.D. Cal. Sep. 23, 2010). Because defendants' pleading does not give plaintiff fair notice of the defense, plaintiff's motion to strike defendants' ninth affirmative defense is granted. Id.

7. Tenth Affirmative Defense: No Liability for Conduct of Agents