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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Answer

 Superior Court of California

This is a preview. For access to the full SmartRules Guide,
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 Los Angeles

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 Timing

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...

 Pleading Rules

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...

. See also . 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...

 Special Requirements for Particular Matters

Short Cause Cases

Short cause cases are governed by . 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 . more...


 Formatting of Papers

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...

 Additional Documents

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...

Involved the same parties and are based on the same or similar claims; more...

Arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially more...

Involve claims against, title to, possession of, or damages to the same property; or more...

Are likely for other reasons to require substantial duplication of judicial resources if heard by different judges. more...

.

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

Notice of Related Case

Complex Cases

Where one of the cases listed in a Notice of Related Cases has been assigned to a

Probate and Family Law

Where the case listed in a Notice of Related Cases contains a probate or family law case,

Motion to Relate Cases

In the event that the pertinent judge under California Rule of Court 3.300(h)(1)(A)(B)(C), does not order related any

Inform Court of ADR Proceedings

Every counsel in cases that have been related must inform the court of all pending alternative dispute .

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...

Improper Refiling

A party must not dismiss and then refile a case for the purpose of obtaining a different judge. more...

Duty of Counsel

Every counsel in the second action referred to in subdivision (d) above, must immediately bring the fact of more...

 Filing & Service

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...

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior