Answers

1. 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

2. Contents of Answers • Caption page • General denial (unless verified complaint) • Affirmative defenses • Prayer • Signature of attorney

3. Examples of Affirmative Defenses • Statute of limitations • Unclean hands • Comparative negligence • Set-off • Assumption of the risk • Estoppel • Failure to exhaust administrative remedies

4. 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

5. 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

6. 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

7. 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

8. 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

9. Attacking the Pleading • Demurrer • Motion to Strike • Motion for Judgment on the Pleadings

10. 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

11. 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

12. 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