Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim?
California, United States of America
The following excerpt is from Grow Land & Water, LLC v. Mccarthy Family Farms, Inc., F069959 (Cal. App. 2016):
defendant may assert all defenses and counterclaims that would be available were the claim prosecuted by the real owner, such concern is not present. (Philbrook v. Superior Court (1896) 111 Cal. 31, 34-35.)
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