In pari delicto (potior/melior est conditio possidentis), Latin for "in equal fault (better is the condition of the possessor)"[1] is a legal term used to indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort. The phrase is most commonly used by courts when relief is being denied to both parties in a civil action because of wrongdoing by both parties. The phrase means, in essence, that since both parties are equally at fault, the court will not involve itself in resolving one side's claim over the other, and whoever possesses whatever is in dispute may continue to do so in the absence of a superior claim. The doctrine is similar to the defense of unclean hands, both of which are equitable defenses. Comparative fault and contributory negligence are not the same as in pari delicto, though all of these doctrines have similar policy rationales.

The same principle can be applied when neither party is at fault if they have equal right to the disputed property, in which case the maxim of law becomes in aequali jure (melior est conditio possidentis).[2] Again the court will not involve itself in the dispute without a superior claim being brought before it.

3.2.1.     AS A  FIRST SEPARATE AND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, Answering Party alleges that the Complaint and each purported cause of action thereof fails to state facts sufficient to constitute a cause of action against Answering Party.

3.2.2.     AS A SECOND  SEPARATE AND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, Answering Party alleges that Y’S injuries, loss and/or damages, if any there were, were aggravated by Y’S FAILURE to use reasonable diligence to avoid or to mitigate the same.

3.2.3.     AS A  THIRD  SEPARATE AND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, Answering Party alleges that Y is barred from asserting any causes of action by virtue of its consent to the alleged, acts or conditions about which it complains.

3.2.1     AS A FOURTH SEPARATE AND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, Answering Party alleges that the action is barred under the doctrine of laches.

3.2.1     AS A FIFTH SEPARATE AND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, Answering Party alleges that the action is barred under the doctrine of unclean hands.

3.2.1     AS A SIXTH SEPARATE AND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, Answering Party alleges that the action is barred under the doctrine of in peri delicto.

3.2.1     AS A  SEVENTH SEPARATE AND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, Answering Party alleges that they have suffered damages by reason of Y’s conduct; and that if Answering Party are found liable for any damages to Y, Answering Party has a right of offset against Y.


3.2.1     AS A EIGHTH SEPARATE AND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, Answering Party alleges that the action is barred under the bad faith. Y sold the business to parties other than LEE without giving first right of refusal to LEE. Y’s continuation of common goods delivery was intentionally bad faithful. Y’s conduct of non-continuation after payment of the beginning poultry food was bad faith. Checks were cashed and substitute checks were given prior to the filing of the Complaint but Y’s bad faith was present.

1, May did. forget all encourage to move up and proceed to lease. Envy that licensee can earn this and so even LL herself keep asking and SAVE.
2, Lau did. Even already rented out.
3, Bao did. Bao finally give up PM.
4, LESSON: LL need RELATION AND TRUST, PROTECTION AND KNOWLEDGE......MORE THAN IQ

1, ON one hand, LL insist first tenants to pay $2250 for all units but on the other hand, once subleasee is found, STT sign 2nd lease with STT (what is the rent stated on that 2nd lease?)
2, Same address
3, What if TT move? What if STT move first? what if SD from TT ?
LESSON: NO sublet (it won't work for some LL because of higher rent) won't stop all LL (especially LL who doesn't speak well English)

1, Reception comment :"Speaker of Devil?" because he lost the first scanned copy and blamed others!
2, Reception called but unanswered (normally court wont' call plaintiff)
3, Senior clerk deny accepting motion to quash because small claim but on the other unfair hand, attorney submit thick request to dismiss and treated as "declaration"
4, Calling higher rank clerk approve taking but excused that clerk won't take it since it is 1 pm. (scanned now but give one handy courteusy copy to plaintiff to bring it over)
5, 5:30 pm, did defendant waive service? (even defendant is present! court staff build obstacles and resistance for court protection and impartiality)
6, 6 pm Opposing attorney should file correctly! whereas 2nd hearing on July 28 is schedule at 5:30 pm. Is this the alledgedly same case?
7, dropping lady defendant is a gesture of mediation?
8, LESSON: OBSTACLES everywhere unexpected and never known if no smiles, no prevention, no God.

1, Father prepare (like David prepare); Son build for God (Solomon build)
2, Solomon - Peace
3, Even hard times, father still prepare
4, Mouth is for glorfy God, Days Nights, Thanks
5, Listen more, repeat, mature to put inside the heart, from the heart to the mouth like MULTIPLICATION TABLE, daily, just like I listen what father said and repeat what father did
6, JOhn 8:14 (that kind of father...but it can be evil if u follow evil)
7, Pastor tried to get her father's blessing one month prior his pass away and heavenly, she pray daily to have blessing from God
8, Rebecca and Howard sharing with newly coming of Peggy from Li
Last week


First week of June
1, Zharrares 4:6
not dependent on environment,
not dependent on capacity
but depend on holy spirit
2, Polly and Marium sharing ..

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1, Open house in Portola rental until friend's lunch result nothing. No hope. Friend drive me to Bart after meeting so that I can catch my 5 pm appointment in 29 th Ave, Oakland (otherwise, I am late by taking Muni 8X and prospective Spanish tenants of ten will surely be gone!)
2, Lease copy is printed and ready at the cabinet with addendum and all prerequisitive rules break:
a, original $2400 - now $1800
b, original 8 max occupants - now 10
c, original 2 mth deposit - now $2300
3, Intending to dash back SF for meeting student in Sunset area, consistent religious mindset clear all the messy thoughts in head. 8 pm meeting should be prepare sooner and so cancelled the dinner, I dash back to 254 Hale, DONE DEAL.
4, Sometimes prospective tenant said father is leaving the house and so not renting anymore. Othertimes same prospective tenant said father is going to friend house (LESSON: PAPER WORK and check)
MEMORIZE PROP

這種「鬥而不破」的作法，已在東亞出現多次：2010年中日釣島撞船衝突、2011年中越探測船爭端、2012年中菲黃岩島對峙等。
近年來，每次爭端爆發，雙方劍拔弩張，似乎戰爭一觸即發。但是隨後情勢便緩解。為何如此？
簡單說，那是兩個力量拉扯的結果。Read more: 世界新聞網-北美華文新聞、華商資訊 - 名家觀點 東亞爭端 對外強硬 對內收割