Answer

 Superior Court of California
 Los Angeles County

Thirty (30) Days

A responsive pleading to a complaint or cross-complaint must be filed and served within thirty (30) days of service of the complaint or cross-complaint. CCP 412.20(a)(3).

Answer To Amended Complaint

An amended complaint must be answered within thirty (30) days of service, or as ordered by the court.CCP 471.5(a).

Petition To Compel Arbitration

Where appropriate, a defendant may choose to file a petition to compel arbitration instead of an answer. See Los Angeles SmartRules procedural guide:MOTION TO COMPEL ARBITRATION.

If the petition is denied, the defendant then has fifteen (15) days to respond to the complaint. CCP 1281.7.

Extension

The parties may stipulate to an additional fifteen (15) days to serve a pleading responsive to a complaint or cross-complaint. Govt. Code 68616(b). The parties may stipulate without leave of court to one (1) fifteen (15) day extension beyond the thirty (30) day time period prescribed for the response after service of the initial complaint. CRC 3.110(d) (renumbered eff 1/1/07). The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in California Rule of Court 3.110(b) through (d)(time to serve complaint, cross-complaint or pleading responsive to an initial complaint). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed. CRC 3.110(e) (renumbered eff 1/1/07). See Los Angeles County SmartRules procedural guide: MOTION FOR CONTINUANCE.

Denials

An answer must include a general or specific denial of the material allegations of the complaint. . more...

General Denial Permitted

A general denial is effective to controvert all material allegations of an unverified complaint. . more...

Specific Denials

A defendant may deny specific sentences, paragraphs or parts of a complaint, or a defendant may expr more...

Denials Based On Lack of Information Or Information and Belief

Where defendant lacks sufficient information to admit or deny an allegation, defendant may deny an a more...

Affirmative Defenses

Any "New Matter"

An answer must include any "new matter" that constitutes a defense to a complaint or cross-complaint more...

For guidance regarding pleading affirmative defenses, consult the California Civil Instructions ("CA more...

Waiver

Except for lack of subject matter jurisdiction and failure to state facts sufficient to constitute a more...

Numbering of Defenses

Each separately stated defense must specifically state: more...

(1) Its number (e.g., first cause of action); more...

(2) Its nature (e.g., for fraud); more...

(3) The party asserting it if more than one party is represented on the pleading (e.g., by more...

plaintiff Jones); and more...

(4) The party or parties to whom it is directed (e.g., against defendant Smith). more...

. (Combines the provisions of old California Rule of Court 201(i) and old California Rule of court 3 more...

Statute of Limitations

Regarding the statute of limitations defense, "it is not necessary to state the facts showing the de more...

Inconsistent Defenses

Caselaw authority holds that a defendant may plead alternative or inconsistent affirmative defenses. more...

Affirmative Defenses Deemed Controverted

Defenses raised in an answer are deemed controverted by plaintiff. . more...

Answer To Verified Complaint

Verification Required, No General Denial

If the complaint in an unlimited civil case is verified, defendant's answer must be verified, i.e., more...

Limited Civil Cases

In a limited civil case, a general denial puts at issue all material allegations of the complaint, w more...

Prayer

Customarily, the answer includes a prayer requesting that plaintiff take nothing by way of the compl more...

Answer May Not Seek Affirmative Relief

An answer may not claim affirmative relief. A claim for relief must be asserted in a cross-complaint more...

Short Cause Cases

Short cause cases are governed by California Rule of Court 3.735. . more...

Uninsured Motorist Cases

To allow for arbitration of the plaintiff's claim, the California Rules of Court civil case manageme more...

Collections Cases

Collections cases are governed by California Rule of Court 3.740. . more...

Caption

Every pleading must contain a caption that sets forth the name of the court and county in which the more...

Answer to Cross-Complaint

On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in more...

Special Answer To Cross-Complaint

A cross-defendant may file a separate document styled a "Special Answer" asserting defenses to the o more...

Official Form Answers

Official Form answers are available for many types of civil actions including personal injury, wrong more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting th more...

Additional Requirements

Los Angeles County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREME more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating t more...

The following documents may need to be filed and/or served with the Answer. more...

Notice of Related Case

Duty to Provide Notice

A party must serve and file a Notice of Related Case whenever a party in a civil action knows or lea more...

Definition of Related Case

A pending civil case is related to another action or proceeding pending, dismissed, or disposed of b more...

. more...

Los Angeles County SmartRules procedural guide: NOTICE OF RELATED CASE. more...

Notice of Related Case

The procedure for relating cases is set forth in California Rule of Court 3.300. . more...

Where one of the cases listed in the Notice of Related Cases has been assigned to one of the departm more...

Where the cases listed in the Notice contain a Probate or Domestic (Family Law) case: if the cases a more...

In the event any of the cases set forth in the Notice are not ordered related pursuant to subsection more...

It is the duty of every counsel in cases that have been related to inform the Court of all pending a more...

Opposition/Response to Notice of Related Case

Within ten (10) days of service of a Notice of Related Case, a party may serve a response in support more...

Notification As To Refiled Action

Whenever a case is dismissed by a party or by the Court prior to judgment and thereafter the same or more...

It shall be the duty of every counsel in such later filed action immediately to bring the fact of su more...

Filing

All Pleadings With Proof of Service

All pleadings subsequent to the complaint must be filed with the court, together with proof of servi more...

Proof of Service

As used in the California Rules of Court, "proof of service" means a declaration stating that servic more...

Filing Fee

The Los Angeles County fee schedule is online at . more...

Requirement of Electronic Filing in Some Jurisdictions

Electronic filing is required in some jurisdictions for certain types of actions, and is available b more...

Local Rules Regarding E-Filing

Electronic Filing--Not Available At All Locations

Consult the filing clerk for the applicable court location to learn if electronic filing is availabl more...

Service

All pleadings subsequent to the complaint must be served upon all adverse parties. . Service of an a more...

On Attorney of Represented Party

Whenever a document is required to be served on a party, the service must be made on the party's att more...

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