Can I claim "unclean hands" as an affirmative defense in my response to an SC-108 filing?
The plaintiff is asking the court to cancel the judgment that he lost against me. However, the fact that he lost is based on his own violations of the law. He sued for breach of contract and property damage and lost because he did not perform the inspection at the end of my tenancy. Because he failed to perform the inspection (which violated the law), the court found that his claims of damage could not be substantiated. I want to use the doctrine of unclean hands on the SC-108 response because I don't think he should be trying to cancel a judgment for breach of contract when he himself performed unethically/illegally. Not only that, the law was applied correctly.
