COMPLAINT AND SUIT FOR DECLARATORY JUDGMENT,
MOTION FOR CHANGE OF VENUE,
MOTION FOR TEMPORARY RESTRAINING ORDER,
DEMAND FOR JURY TRIAL, and
COMPLAINT FOR PLENARY RELIEF
COMES NOW , Marquitta L. Portman, Plaintiff in the above styled matter, and files this her COMPLAINT AND SUIT, pursuant to the Declaratory Judgment Act of 1945, created by the General Assembly, and pursuant to O.C.G.A. Sec. 9-4-3 (CGA Sec. 110-1102), and shows this Court the following:
Answer and Defenses claimed by Judges:
Answer: Now come the Defendants George H. Kreeger, Lark S. Ingram, Robert E. Flournoy, Jr., Dorothy Robinson, James G. Bodiford, and Michael Stoddard, Judges of the Superior Court of Cobb County, and, pursuant to O.C.G.A. Section 9-1--12, respond to the complaint in the above-styled case as follows.
First Defense: The complaint fails to state a claim upon which relief may be granted.
Second Defense: The claim is barred by claim preclusion and issue preclusion, res judicata and collateral estoppel.
Third Defense: There is no actual controversy between the Plaintiff and the Defendants.
Fourth Defense: The Complaint does not contain a clear and plain statement of the Plaintiff's claims as required by O.C.G.A. Section 9-11-8(2)(A)
Fifth Defense: The action against these Defendants is barred by the doctrine of judicial immunity.
Sixth Defense: The individually numbered paragraphs of the complaint are responded to as follows:
Answer and Defenses claimed by Jay Stephenson, Clerk: :
COMES NOW Jay Stephenson, a named Defendant in the above-styled civil action, and files this his Answer/Defenses to Plaintiff's Complaint as follows:
First Defense: Plaintiff's Complaint and each paragraph therof, fails to state or set forth claims against his Defendant upon which relief may be granted.
Second Defense: For a separate and distinct defense to said Complaint, Defendant shows that the Plaintiff's damages in question in this matter, if any, were caused by acts and/or by the failure to act of persons and/or entities other than this Defendant.
Third Defense: For a separate and distinct defense, Defendant states that he neither breached by any act or omission to act, any duty owed to Plaintiff.
Fourth Defense: Plaintiff's claims are barred by the doctrines of estoppel and waiver.
Fifth Defense: To the extent as may be shown by the evidence through discovery, this Defendant asserts the affirmative defenses of contributory/comparative negligence, assumptino of the risk, and Plaintiff's failure to exercise ordinary care to avoid the consequences of any act or failure to act on the part of this Defendant.
Sixth Defense: Plaintiff's Complaint for injunctive relief is estopped by Plaintiff's failure to satisfy the legal prerequisites for injunctive relief.
Seventh Defense: Plaintiff's Complaint for injunctive relief is barred because Plaintiff has an adequate remedy at law and because Plaintiff has not suffered irreparable harm.
Eighth Defense: Plaintiff's claims for declaratory judgment are barred by the absence of any actual controversy.
Ninth Defense: Plaintiff's Complaint for injunctive relief is barred because Defendant Clerk of the Superior Court of Cobb County is entitled to absolute immunity.
Tenth Defense: Plaintiff's claim for declaratory judgment is barred in that all rights of the parties have already accrued, and no facts or circumstances have been alleged showing a necessity for adjudication in order to relieve Plaintiff from the risk of taking undirected future action, which, without such action, would jeopardize the Plaintiff's interests.
Eleventh Defense: Plaintiff's claim for declaratory judgment is barred in that there is presently no danger or dilemma to the Plaintiff.
Twelfth Defense: For an twelfth defense, and having previously answered the numbered paragraphs and allegations of Plaintiff's Complaint, Defendant shall answer the numbered paragraphs and allegations of Plaintiff's Complaint as follows:
Answer and Defenses claimed by Daryl L. Kidd, attorney: :
COMES NOW, Daryl L. Kidd ("Kidd"), and responds to Marquitta L. Portman's ("Plaintiff") Complaint as follows:First Defense: Plaintiff's Complaint fails to state a claim upon which relief can be granted.
Second Defense: Plaintiff's Complaint is barred by the Statute of Limitations.
Third Defense: To the extent Plaintiff's Complaint alleges professional malpractice, Plaintiff failed to meet the requirements of O.C.G.A. Sec. 9-11-9.1.
Fourth Defense: Plaintiff's Complaint is barred by accord and satisfaction.
Fifth Defense: Plaintiff's Complaint is barred by laches.
Sixth Defense: Plaintiff's Complaint waiver and estoppel.
Seventh Defense: Plaintiff's Complaint is barred because there is no actual controversy.
Eighth Defense: Responding to the specific numbered allegation of Plaintiff's Complaint, Kidd shows as follows:
Answer and Defenses claimed by Larry W. Yarbrough, attorney; Gregory R. Portman; and R. Wynette Kennedy Portman:
First Defense: The complaint fails to state a claim against defendants upon which relief can be granted.
Second Defense: (numbered paragraphs)