291 F.R.D. 464
S.D. Cal.2013Background
- Kohler, a paraplegic plaintiff, sued Staples and others over ADA barriers at a San Diego Staples store.
- Staples answered with twenty affirmative defenses; Kohler moved to strike or require re-pleading.
- The court evaluated whether Twombly/Iqbal apply to affirmative defenses and whether the defenses meet fair notice.
- The court declined to apply Twombly/Iqbal to affirmative defenses, adopting the fair notice standard.
- The court partially sustained Kohler’s motion: some defenses stricken with/without leave to amend; some defenses preserved or to be amended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Twombly/Iqbal apply to affirmative defenses | Kohler argues heightened pleading applies to defenses. | Staples argues Twombly/Iqbal do not extend to defenses. | Twombly/Iqbal not extended to affirmative defenses; fair notice standard governs. |
| Sufficiency of first affirmative defense | First defense lacks fair notice of grounds. | Defendant had asserted lack of claim and standing. | Stricken with leave to amend. |
| Sufficiency of second affirmative defense (mitigation) | Mitigation issue may be legally irrelevant if only minimum damages sought. | Defense rests on mitigation grounds. | Stricken with leave to amend. |
| Sufficiency of third affirmative defense (statute of limitations) | Grounds insufficient without identifying applicable statute. | Defense relies on limitation theory. | Stricken with leave to amend. |
| Reservation of rights to assert additional defenses | Reservation is improper under Rule 8; must amend later. | Reserved defenses allowed? | Stricken without leave to amend. |
Key Cases Cited
- Wyshak v. City Nat’l Bank, 607 F.2d 824, 607 F.2d 824 (9th Cir. 1979) (fair notice required for pleadings; careful with boilerplate defenses)
- Conley v. Gibson, 355 U.S. 41, 355 U.S. 41 (S. Ct. 1957) (notice and simplicity; not requiring detailed facts)
- Simmons v. Navajo, 609 F.3d 1011, 609 F.3d 1011 (9th Cir. 2010) (fair notice standard for pleading affirmative defenses)
- Twombly, 550 U.S. 544, 550 U.S. 544 (S. Ct. 2007) (pleading standards for claims; caution applying to defenses)
- Iqbal, 129 S. Ct. 1937, 129 S. Ct. 1937 (S. Ct. 2009) (plausibility pleading; distinguish from defenses)
- Skaff v. Meridien N. Am. Beverly Hills, LLC, 506 F.3d 832 (9th Cir. 2007) (no pre-filing notice requirement for private ADA actions)