This includes taking photographic evidence of as much of your property as you can. Form Adopted for Mandatory Use JudicialCouncil of California CIV-050 [Rev. Operations began last night and are scheduled when it's safe to take place from 5 a.m. to 9 a.m. and then from 5 p.m. to 9 p.m. Joseph Miller, a CHP spokesperson, says many residents waiting to get home are in distress. As used in this rule, papers include printed forms furnished by the clerk, but do not include notices filed and served by the clerk. The request is served by a defendant on the plaintiff and should also be served on all other parties to the action who have made an appearance in the action. endstream Representing Yourself (Pro Se)? However, Plaintiff's medical records have not yet been retrieved from Medical, which takes months. How 4 Words Upended A University's Journalism Program, And Stirred A Reckoning Over Race, What A Popular Yoga Teacher's Descent Into Conspiracy Theories Says About The 'Wellness To QAnon Pipeline', Ancient Lung Disease Strikes Countertop Cutters In LA, The Groundbreaking Suicide Squad That Tested Early Rockets And Flirted With The Occult, Before And After: Satellite Images Show Southern California's Massive Snowfall From Space. response to statement of damages california statement of damages california default statement of damages california pdf statement of damages template sample statement of damages california Here, Dhawan's claims did not involve personal injury or wrongful death. (1) Unless the paper served is a response, the party who serves a paper listed in (a) must retain the original with the original proof of service affixed. Make sure you read the Problems With Money Basics section so that you know what kind of case you want to file or has been filed against you. troopers with Kentucky State Police Post 1 responded to the area . Current as of January 01, 2019 | Updated by FindLaw Staff. (b) The plaintiff preserves the right to seek punitive damages pursuant to Section 3294 of the Civil Code on a default judgment by serving upon the defendant the following statement, or its Snow has already impeded people in other parts of Southern California. <>>><>>>] The emergency declaration comes right as more snowfall is expected to cover the Southern California region this week. . A;$$XcT0{ jDYt&d@
;b/:3'$Dd;8'{2u6|9E. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The default judgment is a powerful tool in litigation allowing . (2) The time for responding to the Summons and Complaint must have passed. Choose My Signature. Crews begin plowing when there is 2 inches or more of snow on primary roads. The Court also has authority to strike punitive damages from the complaint. xx;/m-#T~&5"gI$ML.`? Under California law, its a broad term for false statements made that cause damage to someones reputation. This includes assessing the disaster situation and bringing in the necessary resources to respond in a coordinated way. 1: Richard Murray Davis; 540 Park Avenue, White Hall, Maryland 21161; January 28, 1990; single; 210-61-8096. Note: When service is by publication, it is likely that a default will follow. The CHP has been escorting food and fuel to the city. The Presidential Major Disaster Declaration will help Californians in impacted counties through eligibility for several programs and supports, and includes public assistance to help state, tribal and local governments with ongoing emergency response and recovery costs and hazard mitigation. hbbd```b``z"kd6d$0 Officials also warn residents that if they come down the mountain, they might not be let back up so be prepared for that scenario. Every weekday, you'll get fresh, community-driven stories that catch you up with our independent local news. On Monday, Orange County schoolchildren stranded at mountain camps were transported home by bus, days after they were supposed to return. [CCP 585]. x << /AcroForm 5 0 R /Metadata 105 0 R /Names 6 0 R /Pages 107 0 R /Perms << /UR3 << /ByteRange [ 0 2156 14046 337730 ] /Contents (\t\213\\\232\023\177P;94\n\223\035=\001j\210T\2357v\177F\\h\023*\230sS\226v5\204\022*T\224\007Qpo~D/:P`\236r \230qC{\013Xc\000`K\027N\030\037\)U\026 4P\220\215EP\220?\004\206\213'\210\216`j\022S\205\025\t\231\227i\016\223\206^m k\035\rE\022\025F\2135\213SMwb\215Rj\rz\020c\232ko\230=\(\224\032\016^\036e\)\202K\006i\202\022\235\030\r'\230n\b\213~bS\0178\000JP.?\004\215\230\210\033t\r-s\007\030@\021\214[c'\223\211[Lh\007\031\006\223m\221r\2233#\201!%M\233\017]0\226/\006\215\007\001\035\224i\211f.\235qx\n\nt\006_B\024:\231=\ne\233\216wu\206h\221H\036H\210\216k\024\r\201\226\023V>\(\005\202\002;A9\tT*S\224\232nT \004&PWw\022eN\0024M\214{\213\037i[F\223}#&4\237\200h\202?%[\207h\222 \021|\206\016\020Z\\OM`\t\217 w7z\207U;J\222\025\202\023p\204d;\233\f\234f\tr\017w?P\001;\212f${\b}m{\032\231Q\001\026'\205\032\211 e`\032CFEQ\f\216\235b>D<0of\205\001iC\002A\236h\\2\007V\022\b\213C\)\207R\204g!\214R\237Wc\217$'\227Cz`\f\215\200 \227\034\003Z6\030Z\236t\n+N\016t\215A\203,p`:1\215\013:\033\221\201m\r1t\222\1773HN\027\221e]\022kX\221\016\020@Z\220tt\030x>qg\023Z\)\023E\210O\035K/J.\)?Hcr:]_\2002i\201H1\bT\234CS?W!Z~O\017\202\201\035H\235/\003i\bK9/\236\003f\216\002 .F\222\007\b\020\000E0qp\215uIly\213\213+\222,.\230\213QfOV\2043E\001Ku\211N~x}\026{\217/Mu\013%I[\t\t8\0254\nvD\016^KICq\rpG\027\017:P\232\224^$\005k$\222\234'\206\223'1Q^\233\227&.\210~\\v"1&2\r\220Z%\220\005U/&\033\210i!Ay\026\fZub\btth\202\026>J\236F\211\233^LvXu\006^\177tw}\f4%A\232\217\007\235\233.\\\207\227]9/B\t\006\232\000\222\024{xz\023b#\231p\)5\025v\017B\bG\215v8\200avK\225\nP]B3\016UOYD"\204oQ&O#9.|bv\201Q! SACRAMENTO - Working to support Californians impacted by severe winter storms, Governor Gavin Newsom today proclaimed a state of emergency to support disaster response and relief in the counties of Amador, Kern, Los Angeles, Madera, Mariposa, Mono, Nevada, San Bernardino, San Luis Obispo, Santa Barbara, Sierra, Sonoma and Tulare. party's attorney, or upon the party if the party has appeared without an attorney, Requesting a statement of damages in California is allowed for a defendant in any California personal injury or wrongful death action pursuant to Code of Civil Procedure section 425.11. UPDATE: 6 PM 02/27/23 #Caltrans8 crews have worked tirelessly to get our infrastructure safe enough for travel. Mismanagement, Sloppy Hiring Practices, Lack Of Transparency.
Print. sharwood's butter chicken slow cooker larry murphy bally sports detroit response to statement of damages california. Justia - California Civil Jury Instructions (CACI) (2022) 3931. Cinders are placed on primary roads and in school areas where the California Highway Patrol advises to do so. (2) If a party has appeared in the action, the statement shall be served upon the [CCP 583.420(a)(1)]. Severe storms moving east; reports of damage across Kentucky, southern Indiana Man killed after driving car into tree Mayor Greenberg declares state of emergency in response to severe weather Other local groups like the Rotary, Lions Club and Kiwanis will provide you with assistance. January . May I say that if your attorney could not figure out the procedural ins and outs of medical malpractice litigation, you have a tough road ahead as a pro per litigant. A defendant is in default as soon as the defendant fails to file a responsive pleading (e.g. (Avila v.Standard Oil Co. (1985) 167 Cal.App.3d 441, 446.) ij*C &r+7g1aeDqV
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P,(;=D6YO(0:`H8N"=Twu(p BZf0,^-Wqq'} $mA ]kRX"l$p]UOF7QQ{YV^Ut\G6+{ #{m2d0^BMendstream FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Please feel free to link to this page. a. documented medical expenses to date: 1. <> The Top 5 newsletter catches you up with LAs top 5 stories in just 3 minutes. You can receive 10 free gifts just for subscribing. stream Document the Property's Condition Ahead of Time. (2) Plaintiff includes a cross-complainant. California Code of Civil Procedure 1916 and following Discovery lets the plaintiff and defendant share information, as long as it is not "privileged" or protected. Decide on what kind of signature to create. Request for statement of damages -- response. Check with the local court as to whether the judge prefers live testimony or declarations/affidavits. 8 0 obj to respond whether the lawsuit. Governor Newsom has activated the State Operations Center to its highest leveland proclaimed a state of emergency statewide. Chains are also required for vehicles. This story updates with CHP escorts on pause Wednesday morning. This helps you present you case better. a. % Additional impacted countiesmay be included once storm conditions allow state, local and federal officials to safely assess the scope of damage. [CCP 585 (c)]. In a statement, Dawn Rowe, who chairs the San Bernardino County Board of Supervisors and represents many of the affected areas, said local partners like the county's public works department and Caltrans District 8 are working around the clock to bring relief and resources to residents. 523 0 obj
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A motion is a request one of the parties makes to the court, seeking a particular action. (1) Complaint includes a cross-complaint. Escorts up Highways 330 and 18 into the mountains were suspended because vehicles even those with chains on were getting stuck in snow, according to Caltrans. Libel and Slander Distinguished. For more info Road conditions @Caltrans8 https://t.co/En69lCn0R1San Bernardino County Public Works https://t.co/qEvQoMP4kg county-maintained roads conditions @NWSSanDiego https://t.co/JFNZA3esb9 weather info pic.twitter.com/426SlHUvEt. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-425-115/. ), (b) Retaining originals of papers not filed. This is a California form and can be use in Civil Judicial Council. Open 8AM-4.30PM icknield way, letchworth; matching family dinosaur swimsuits; roblox furry accessories; can i use my venus credit card at lascana; who is the most humble player in the world; Erik Sund, the city manager of Big Bear Lake, says they have been plowing streets around the clock since Friday, and will be continuing for another five days. CCP 425.11 (d) (1). tVPg a responsive statement. (e) The statement referred to in subdivision (b) may be combined with the statement (1) Complaint includes a cross-complaint. With the upcoming storm moving into the area, Caltrans, alongside our @CHPArrowhead partners has deemed the necessity to conduct resident-ONLY escorts up the mountain. napoli vs barcelona 2020; . We are continuing to facilitate food and fuel delieveries in conjunction with CHP, Caltrans, and the sheriff's department.". Get a description of the vehicle (blower, blade or bucket), the color of the vehicle, vehicle number and any emblems or insignias. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-425-11/, Read this complete California Code, Code of Civil Procedure - CCP 425.11 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. The mountain lion's death comes about a month after the beloved P-22 was euthanized. Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. SACRAMENTO - Governor Gavin Newsom today announced that the White House has approved California's request for a Presidential Major Disaster Declaration to support the state's emergency response to ongoing storm impacts including flooding, mudslides and landslides in communities across the state. This post describes the state system used to facilitate a coordinated response to disasters. 4 0 obj or wrongful death, the defendant may at any time request a statement setting forth Code 45.) Rule 3.250. Each motion is only appropriate in specific situations. is a response statement . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, or in the manner provided by Chapter 5 (commencing with. stream That way, when you go to trial, you'll know what the evidence is. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Proof of Service of Summons (unless already filed); If defendant is not served with summons and complaint within 3 years after the complaint is filed; If no proof of service is filed with the court within 60 days after expiration of the 3year period (unless defendant appeared in the action by that time). 2023 Southern California Public Radio - All Rights Reserved, San Bernardino Mountain Residents Are Increasingly Desperate. (g) The statement referred to in subdivision (b) shall be served by one of the following January 1,2007] STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) Code of Civil Procedure, 425.11, 425.115 www.courtinfo.ca.gov CIV-050 Page 1 of 2 when pursuing a judgment in the suit filed against you. 545 0 obj
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Superior Court of California, County of Riverside. Caltrans officials said they reassess Thursday morning. If served electronically under rule 2.251, the proof of electronic service must meet the requirements in rule 2.251 (i). Summary judgment or adjudication is only appropriate when no material issue of fact exists and where the record establishes as a matter of law that a cause of action asserted cannot prevail. (The non . STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) Code of Civil Procedure, 425.11, 425.115 . (Subd (b) amended effective January 1, 2017; amended effective January 1, 2003, and January 1, 2007.). Follow the step-by-step instructions below to design your statement of damages form: Select the document you want to sign and click Upload. Even Near The Hollywood Sign, LA Explained: How To Live Safely With Our Coyote Neighbors, It's Coyote Mating Season In Los Angeles. Copyright 2023, Thomson Reuters. endobj As of 9 a.m. Saturday, 78,000 homes are without . A defendant can respond to a summons and complaint filed on her by making any of a number of different motions to the court within the time limit to respond to the summons. CCP 585-86. (1) Defendant must be served with Summons and Complaint. ANSWER NO. (2) If the party has appeared in the action, the statement shall be served upon his or her attorney, or upon the party if he or she has appeared Economic damages may include past and future medical expenses, past and future lost wages, household services, vocational rehabilitation, property damages, out-of-pocket expenses, and lost earning capacity. x}Rn0>l B xWn6}@OA-5gZL(RKR$Zv6|q\9&r_7S.6;I;_aXtc#GFZ7 The area has seen a dramatic influx of snow, visible in these NASA images released Monday. With one hikers still missing the well-known actor Julian Sands expert mountaineers say the usual scarcity of snow in the L.A.-area makes it especially hard to get enough experience to safely venture out in harsh conditions. Like the Facebook page for Legaldocspro at: Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. (c) If the plaintiff seeks punitive damages pursuant to Section 3294 of the Civil Code, and if the defendant appears in the action, the plaintiff shall not be limited to the amount set forth in the statement served on the defendant pursuant to this section. <> as to the damages within 15 days. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 425.115 - last updated January 01, 2019 The declaration calls for state and federal support to help clear mountain highways and neighboring streets from snow, as well as to provide any other resources. The California Tort Claims Act covers all civil liability claims for "money or damages." A response must be in writing and include the same supporting documents as a motion for summary judgment. Will Orange County's Fledgling Clean Power Agency Survive? Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. (3) Defendant includes a cross-defendant. See Grieves v. Superior Court (4th Dist.,1984) 157 Cal.App.3d 159 [203 Cal.Rptr. The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. same manner as a summons. Limitations on the filing of papers. 507 0 obj
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The information in this section is for limited civil cases, where the amount in dispute is $25,000 or less. They are currently arriving within 30 minutes of purchase. food revolution network credibility. taken. A California man was arrested after officers say he caused a "disturbance" at a command post for severe weather response. Conditions in San Bernardino County's mountain communities remain treacherous. Click the on our main page to search for what you are looking for. stream The request for statement of damages should not be filed with the Court, unless a motion to compel a response has been filed with the Court, or the Court has ordered otherwise. Therefore, it makes financial sense to publish the summons and a statement of damages at the same time. Mail to Risk Management, 222 West Hospitality Lane, Third Floor, San Bernardino, CA 92415-0016, (909) 386-8631.Be sure to check with your yard supervisor first before filing a claim against the County. What questions do you have about the weather we're experiencing? jake from state farm cast; houses for rent in clermont, fl by owner; shore orthopedics easton md; southern rambler chicken eggs. ?o0%Yh&C. "So this is making sure the roads are clear for emergency personnel and our lifelines that are coming up. Another storm is expected to land in Big Bear tonight, dumping between one and two feet of snow. This story was updated with additional information. Statement of Damages Under California Code of Civil Procedure Section 425.11 Required Prior to Filing for Entry of Default By Anand Upadhye Jul 28, 2015 Parties seeking a default against an opposing party must file a statement of damages under the California Code of Civil Procedure ("CCP") Section 425.11 prior to proceeding. Yogesh DHAWAN, Plaintiff and Appellant, v. Manmohan Singh BIRING, Defendant and Respondent. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. instructions: this form must be completed and filed with the complaint or other initial pleading in all district and boston municipal court civil actions seeking money damages. (4) All original papers must be retained until six months after final disposition of the case, unless the court on motion of any party and for good cause shown orders the original papers preserved for a longer period. The following papers, whether offered separately or as attachments to other documents, may not be filed unless they are offered as relevant to the determination of an issue in a law and motion proceeding or other hearing or are ordered filed for good cause: (4) Notice to consumer or employee, and objection; (5) Notice of intention to record testimony by audio or video tape; (6) Notice of intention to take an oral deposition by telephone, videoconference, or other remote electronic means; (7) Agreement to set or extend time for deposition, agreement to extend time for response to discovery requests, and notice of these agreements; (8) Interrogatories, and responses or objections to interrogatories; (9) Demand for production or inspection of documents, things, and places, and responses or objections to demand; (10) Request for admissions, and responses or objections to request; (11) Agreement for physical and mental examinations; (12) Demand for delivery of medical reports, and response; (13) Demand for exchange of expert witnesses; (14) Demand for production of discoverable reports and writings of expert witnesses; (15) List of expert witnesses whose opinion a party intends to offer in evidence at trial and declaration; (16) Statement that a party does not presently intend to offer the testimony of any expert witness; (17) Declaration for additional discovery; (18) Stipulation to enlarge the scope of number of discovery requests from that specified by statute, and notice of the stipulation; (19) Demand for bill of particulars or an accounting, and response; (20) Request for statement of damages, and response, unless it is accompanied by a request to enter default and is the notice of special and general damages; (22) Notice to produce party, agent, or tangible things before a court, and response; and. Slander is the more transitory form, generally restricted to oral statements and gestures. (f) The plaintiff shall serve the statement upon the defendant pursuant to this section TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Consult a lawyer about this step, but if the creditor has engaged in violations, you may be able to seek compensation for any . Joint Statement of Disputed and Undisputed Facts (pdf ) RI-FL020: 01/2014: 1: Plaintiff objects to this document request as vague and ambiguous to the extent that it relies on the term "reflecting," which is not defined in Defendant's Second Request for Documents and First Set of Interrogatories. Sacramento, CA 95825, 4600 Northgate Blvd. Courts are split on when the statement of damages must be served. Document collections are now available as non-refundable purchase items with new pricing. what is television segregation Search For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. See C.C.P. Statement of Damages (Personal Injury or Wrongful Death) (CIV-050) Tells the other side the maximum amount of damages you are seeking in a personal injury or wrongful death case. If you're enjoying this article, you'll love my daily morning newsletter, How To LA. Just visithttp://freeweeklylegalnewsletter.gr8.com/for more information. Copyright 2023, Thomson Reuters. (commencing with Section 415.10) of Chapter 4 or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14. The Company and the Investor hereto acknowledge and agree that the sums payable under subsection 2 (c) above shall constitute liquidated damages and not penalties and are in addition to all other rights of the Investor, including the right to call a default. Most common type of motion is invalid character in a law firm and is for. Earlier this week,President Biden approved the Governors requestfor a Presidential Emergency Declaration to bolster state, local and tribal government storm response efforts. Affix copies of the following as exhibits: (1) Summons, (2) Complaint, (3) Proof of Service Docket the Statement of Damages > Civil Events Other Filings Other Documents > Statement of Damages Form defdam.pdf 3.29 KB Statement of Damages in Personal Injury Case California. 0
Sacramento, CA 95834, Privacy Policy Cookie Policy Disclaimer Attribution. Notice to Defendant Re Extension of Time to File a Response (pdf ) RI-CI037: 07/2020: Civil: Order Fixing Time for Hearing Motion for New Trial (pdf ) RI-CI033: 07/2013: . Any defendant in California that has been served with a complaint or cross-complaint that contains causes of action for personal injury or wrongful death should serve a request for statement of damages. %%EOF
Residents of Running Springs will use SR 330. 2: Give a detailed statement of all facts upon which you rely to show that each defendant was negligent. (See Civ. This request for statement of damages for California is pursuant to Section 425.11 of the Code of Civil Procedure, and is to be used by a defendant in a personal injury or wrongful death case in California. 2014 April. Jsc,%W9&[B#oZ7$/6'(-0AHup^-q+l
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AD'R.#]F1-*weB"Uno%.HI|0*[zd] SB)E~YbJOO=vyInz#_^md(7(1`~o/obV5/WYq|/5x6 This page was created by and (c) Noah Schwinghamer, a Sacramento Injury Lawyer. /Group <> Resources are available daily from 8 a.m. to 7 p.m. and the American Red Cross Southern California is providing meals. 3 0 obj x\Ys9~_G;v]}NL,m[K=sL%FS,
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yB endobj If you are over the age of 65 and unable to plow your driveway, you can call the Senior Assistance Center at 800-510-2020 for a list of contractors. Mitigation of Damages (Property Damage) - Free Legal Information - Laws, Blogs, Legal Services and More LAist is part of Southern California Public Radio, a member-supported public media network. (Subd (a) amended effective January 1, 2003; previously amended effective January 1, 2001. Check with the local court as to their procedures. California Default Judgments. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Todays declaration makes federal funding available to affected individuals in the counties of Merced, Sacramento and Santa Cruz. The request shall be served upon the plaintiff, who shall serve a responsive statement The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. Step 1 is when the defendant fails to timely file his response. TWELFTH AFFIRMATIVE DEFENSE (Ratification of Acts) 12. Code 425.11. While in default Defendant has NO RIGHT to appear at prove-up hearing. Statement Of Damages (Personal Injury Or Wrongful Death) Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form Statement Of Damages (Personal Injury Or Wrongful Death) Form. Rule 3.250 amended effective January 1, 2017; adopted as rule 201.5 effective July 1, 1987; previously amended effective January 1, 2001, and January 1, 2003; previously amended and renumbered as rule 3.250 effective January 1, 2007. (c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be junio 12, 2022. As an eleventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that at all times material herein, Plaintiff failed and neglected to mitigate his damages so as to reduce and/or diminish his claim.