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Answers. Are the most common response to a Complaint Must be served within 30 days in California Filed with the Court with a filing fee Mailed to Plaintiff Meant to flesh out the issues in the case. Contents of Answers. Caption page General denial (unless verified complaint)
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Answers • Arethe most common response to a Complaint • Must be served within 30 days in California • Filed with the Court with a filing fee • Mailed to Plaintiff • Meant to flesh out the issues in the case
Contents of Answers • Caption page • General denial (unless verified complaint) • Affirmative defenses • Prayer • Signature of attorney
Examples of Affirmative Defenses • Statute of limitations • Unclean hands • Comparative negligence • Set-off • Assumption of the risk • Estoppel • Failure to exhaust administrative remedies
Three Types of Cross-Complaints • From the Defendant against the Plaintiff • Can be compulsory or permissive • From the Defendant against a co-defendant • Permissive only • From the Defendant against a third party • Permissive only
Cross-Complaints • Allows the Defendant to sue someone else in same suit after being served with Complaint • Same format rules and content as Complaint • Treated as an independent action • Service by mail for existing parties; Complaint process for new parties • Timing considerations
Amended Pleadings • Each party has a right to amend its pleadings once, without Court permission, for a short amount of time after the initial pleading • Complaints and Cross-Complaints: before opponent’s response is filed • Answers: within 10 days
When Leave of Court Is Required • Liberally granted • to bring in Does • to bring in new parties • to delete existing parties • to correct scriveners’ errors • Done by Motion or ex parte application
Supplemental Pleadings • A pleading which alleges facts that occurred after the filing of the original pleading • Does not replace/supersede original pleading, only adds to it • Done through noticed Motion procedures • Leave liberally given
Attacking the Pleading • Demurrer • Motion to Strike • Motion for Judgment on the Pleadings
Demurrers • Applies to Complaints and Cross-Complaints • Same time to respond as if filing answer • Based on law, not facts; tests the legal sufficiency of the Complaint/Cross-Complaint • Motion rules apply • Mailed to opponent, filed with Court
Motions to Strike • Used to attack entire pleading or parts of the pleading • Used to attack complaint, answer, cross-complaint, or demurrer • Used to attack pleadings on grounds demurrer cannot reach • Judged only on the face of the pleadings
Motion for Judgment on the Pleadings • Same as Demurrer, but used after time has lapsed for Defendant to file Demurrer • Same rules as for Demurrers • Court only looks at face of challenged pleading • Often based on lack of jurisdiction • Same Motion/format procedures