Contract analysis

I. PURPOSE AND OVERVIEW This memorandum provides the analytical basis for the thirteen affirmative defenses proposed in the draft Answer to the Complaint filed by Plaintiff Maricela Fuentes ("Fuentes" or "Plaintiff") against Aurelius Media Americas Inc. ("AMA" or "the Company") in the above-captioned action. Each defense referenced herein corresponds to the numbered affirmative defense set forth in the draft Answer c

II. DEFENSE-BY-DEFENSE ANALYSIS A. First Affirmative Defense — Failure to State a Claim Legal Basis. California Code of Civil Procedure section 430.10(e) permits a party to demur to a complaint on the ground that the pleading "does not state facts sufficient to constitute a cause of action." The assertion of failure to state a claim as an affirmative defense in the Answer serves a parallel purpose, preserving AMA's r

I. Ninth Affirmative Defense — No Class Certification Legal Basis. Class certification in California is governed by Code of Civil Procedure section 382 and California Rules of Court, Rule 3.764. The party seeking certification bears the burden of establishing: (1) the existence of an ascertainable class; (2) a well-defined community of interest among the class members, which requires a showing of (a) predominance of