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 more...
Answer To Amended Complaint
An amended complaint must be answered within thirty (30) days of service, or as ordered by the court. more...
Petition To Compel Arbitration
Where appropriate, a defendant may choose to file a petition to compel arbitration instead of an answer. more...
If the petition is denied, the defendant then has fifteen (15) days to respond to the complaint. more...
Extension
The parties may stipulate to an additional fifteen (15) days to serve a pleading responsive to a complaint more...
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 expressly admit 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 allegation on that 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 ("CACI"), available online at . more...
Waiver
Except for lack of subject matter jurisdiction and failure to state facts sufficient to constitute a cause of 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 312(g)); see more...
Statute of Limitations
Regarding the statute of limitations defense, "it is not necessary to state the facts showing the defense, but 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., it must more...
Limited Civil Cases
In a limited civil case, a general denial puts at issue all material allegations of the complaint, whether more...
Prayer
Customarily, the answer includes a prayer requesting that plaintiff take nothing by way of the complaint, for an 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 management rules do 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 more...
Answer to Cross-Complaint
On any pleading or paper subsequent to the initial complaint or cross-complaint, it is sufficient in the title more...
Special Answer To Cross-Complaint
A cross-defendant may file a separate document styled a "Special Answer" asserting defenses to the original complaint that defendant/cross-complainant more...
Official Form Answers
Official Form answers are available for many types of civil actions including personal injury, wrongful death, property damage, more...
Signature
Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...
Additional Requirements
Los Angeles County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...
Preemption of Local Rules
California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, 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 more...
Definition of Related Case
A pending civil case is related to another action or proceeding pending, dismissed, or disposed of by judgment, 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 more...
Where the cases listed in the Notice contain a Probate or Domestic (Family Law) case: if the cases more...
In the event any of the cases set forth in the Notice are not ordered related pursuant to more...
It is the duty of every counsel in cases that have been related to inform the Court of 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 more...
Notification As To Refiled Action
Whenever a case is dismissed by a party or by the Court prior to judgment and thereafter the more...
It shall be the duty of every counsel in such later filed action immediately to bring the fact more...
Filing
All Pleadings With Proof of Service
All pleadings subsequent to the complaint must be filed with the court, together with proof of service upon more...
Proof of Service
As used in the California Rules of Court, "proof of service" means a declaration stating that service has 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 but optional for 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 available at that more...
Service
All pleadings subsequent to the complaint must be served upon all adverse parties. . Service of an answer may be made as provided by Code of Civil Procedure Sections 1010 et seq. more...
On Attorney of Represented Party
Whenever a document is required to be served on a party, the service must be made on the more...
Practice Technologies, Inc. 2001-2010 exclusive of the text of
Government codes
| Document Stats |
| Views: 8125 |
| Downloads: 1008 |