What is the effect of section 580b on an affirmative defense?
California, United States of America
The following excerpt is from Nielsen v. Reed, H039647 (Cal. App. 2016):
The applicability of section 580b has been regarded as an affirmative defense that may be forfeited if not raised in an answer (see Palm v. Schilling (1988)
Page 10
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
What is the effect of the one third-the-midterm rule of section 1170.1, subdivision (a) under section 654 of the California Criminal Code when applying to stay a sentence under Section 654? (California, United States of America)
What is the effect of section 31103 of the California Code of Civil Procedure on the interpretation of the Section 31103 section? (California, United States of America)
What is the effect of section 38905 and section 38904 of Chapter 6 of the California Code of Civil Procedure on the constitution? (California, United States of America)
Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
Can Respondents who have not been charged with violating a section of the obscenity ordinance, such as the "obscene" section, attack the section in the disjunctive? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)
Does a defendant have forfeited the issue of motive under section 1101, subdivision (b) of section 1103 of the Criminal Code for failing to provide evidence that the victim's prior criminal convictions would have bolstered his claim of self-defense? (California, United States of America)
What is the effect of defense counsel's vigorous pursuit throughout the trial of a potentially meritorious defense based on alleged discrepancies and inaccuracies in police reports? (California, United States of America)
