Affirmative defenses are legal defenses not factual defenses. What you state above are factual defenses which don't need to be raised in the pleadings. I know my advice will appear obvious, but you will do much better if you have an attorney to consult from time to time on an hourly basis (called "unbundled services") if you cannot have one to represent you on all matters. There are some great Avvo attorneys in San Diego who may agree to give advice or review pleadings on an "as needed" basis. Avvo is not an adequate substitute.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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