This case has been cited 1 times or more.
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2015-06-22 |
DEL CASTILLO, J. |
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| "If an allegation is not specifically denied or the denial is a negative pregnant, the allegation is deemed admitted." "Where a fact is alleged with some qualifying or modifying language, and the denial is conjunctive, a 'negative pregnant' exists, and only the qualification or modification is denied, while the fact itself is admitted." "A denial in the form of a negative pregnant is an ambiguous pleading, since it cannot be ascertained whether it is the fact or only the qualification that is intended to be denied." "Profession of ignorance about a fact which is patently and necessarily within the pleader's knowledge, or means of knowing as ineffectual, is no denial at all."[46] (Emphasis supplied) | |||||