CALIFORNIA CIVIL LITIGATION ANSWERING THE COMPLAINT 2005 by

CALIFORNIA CIVIL LITIGATION ANSWERING THE COMPLAINT © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

ANSWERING STATE COURT COMPLAINTS Response to complaint is due 30 days from service. Defendant may attack the pleading or answer in that time. 2

TYPES OF STATE COURT ANSWERS Special Denials General Denials 3

SPECIAL DENIAL— answer required for verified pleadings, must admit or deny every allegation in the complaint. 4

RISKS OF SPECIAL DENIALS 1. Any allegation not denied is admitted. 2. Negative pregnant may result. 5

GENERAL DENIAL— denies every allegation of unverified complaints, even if some are true. 6

AFFIRMATIVE DEFENSES— allegations of facts or theories in the answer that shield defendant from liability. 7

EXAMPLES OF AFFIRMATIVE DEFENSES Statute of limitations Assumption of risk Waiver and estoppel Comparative negligence 8

PLEA IN ABATEMENT— affirmative defense that: 1. Facts not pled in complaint would show defendant not liable. 2. Defect does not appear on the face of the complaint. 3. Therefore alleged as affirmative defense. 9

FORMS OF STATE COURT ANSWERS Drafted Official Forms 10

DRAFTED ANSWER Caption (like complaint) titled “Answer” Denials or responses, Affirmative defenses, Prayer for relief, Subscription, and (if necessary) Verification 11

FORM ANSWERS Two types: 1. General denial (with space for defenses) 2. Specially drafted (with space for denials, admissions, and defenses) 12

FEDERAL COURT ANSWERS ¨ Same purpose and function as state court ¨ General denials not permitted ¨ Due 20 days after service of complaint 13

SUMMARY Special and General Denials PREVIEW Attacking the Pleadings 14