I have a question about Affirmative Defenses #6 and #7 from an earlier post. I hope I'm not a pest but I'm not sure if I can use them as an affirmative defense.
#6 was - Plaintiff fails to state a cause of action against the defendant
#7 -was - Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action
My states CRCP Rules 8 under Anotations says:
Plaintiff is not required to set out "a cause of action" under the rules of civil procedure. Smith v. Mills, 123 Colo. 11, 225 P.2d 483 (1950).