These are called "affirmative defenses." There many affirmative defenses . 2 0 obj This sample answer to an unverified complaint for California is made pursuant to Code of Civil Procedure section 431.30(d) and should ONLY be used for an unverified complaint. (Jones v. Grewe (1987) 189 Cal.App.3d 950, 954.) Complaint . <>stream Orange County, Los Angeles County, San Diego County, Tustin County, San Francisco County, San Bernadino County, Kern County etc.). fQ D2V`L` RxX9 63QDzEH+@ &|)@Us&Fc`w20 2 0 obj hbbd``b`vM@i`,3Ajl%8"@b@QQ 1e)@#v~ $8 7 - Plaintiff is not entitled to the amount demanded in the Complaint: ___ Plaintiff failed to give me credit for payments I made. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 431.30 - last updated January 01, 2019 As to Paragraph 1 of the Complaint, Defendat admits the allegations contained in this Paragraph for jurisdictional purposes only, however, does not admit Plaintiff is entitled to the relief sought therein. A California Court of Appeal ruled in the case of FPI Development, Inc vs. A1 Nakashima, (1991) 231 Cal.App.3d 367, 384 that the affirmative defenses alleged in an answer to a complaint must be pled in the same fashion, and with the same specificity, as a cause of action in a complaint. The responding process remains the same. Defendant admits the allegations of paragraph 2. AFFIRMATIVE DEFENSES (cont'd.) l. 4. Defendant denies the allegations of paragraph 1. 16. Proc., 431.30(b).) 2:16-cv-00862-RGK-JC 8. % Note the one affirmative defense for ADA lawsuits regarding Not Readily Achievable (as sort of Grand Father or Grand Fathered in ADA Defense) needs to be adjusted for each case where it might apply). based upon the information and records maintained by the Respondents. dq4/K&!SNL"Qh*r]h. [any] matter constituting an avoidance or affirmative defense." Consider each of the below affirmative defenses--does it potentially . (Each defendant for whom this answer is filed must be named in item 1 and must sign this answer unless his or her attorney signs.) 111 North Market Street, Suite 300 Contact us. The sample answer on which this preview is based has been revised and updated in May 2018, is 16 pages and includes brief instructions, over twenty five generic affirmative defenses, a verification, and a proof of service by mail. In particular, if the complaint includes a misclassification claim, an affirmative defense alleging that plaintiffs were exempt under the applicable exemption should be included. Note that this rule only applies to unlimited civil cases, where the demand of the complaint exceeds $25,000.00. endstream These defenses should be listed at the end of your answer after the section where you have responded to each and every individual complaint made by the Plaintiff. there is no deal . 13 0 obj II. hbbd``b`V'!$K@)Y $ @% Waiver. 22 Fifth Affirmative Defense 23 (Primary Jurisdiction) 24 The primary jurisdiction doctrine bars, and/or requires suspension of the adjudication of, 25 plaintiffs' Complaint and its cause of action for declaratory relief. 805.547.9300 served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license - you have a right to raise affirmative defenses that would defeat the claims of the party raising the claims or taking the action against you. Defendant [DEFENDANT NAME] ("Answering Defendant"), on behalf of itself alone, hereby answers the Complaint as follows: Defense counsel should be careful to state the name of the defendant or defendants on whose behalf an answer is being filed. You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. (1) Complaint includes a cross-complaint. \Fp,LzZf 6_.\oaues`AvO%:NW7>\_ Posted on Jul 9, 2012. %PDF-1.6 % (2) Defendant includes a person filing an answer to a cross-complaint. 2. 2. When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. The download manager is not working as well as usual. Please note that there will never be a case in which ALLof these defenses are appropriate. Defenses are set forth by a defendant in his answer to the complaint. This list is long. Therefore, any possible defense you might want the court to consider at trial should be in your Answer. endstream endobj startxref 3 0 obj To the exent to which law, equity, or contract allows, for reasonable attorneys fees; 3. As an eighth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff herein, and each and every cause of action contained in the unverified Complaint, is barred because Plaintiff has engaged in acts and courses of conduct which render him in pari delicto. 5. <>stream 7/* [*(_RKTb.xsB-+LR;pqM3&p>Er}{czn7$z,`IS^o HOME. 13. Because conclusory allegations are not admitted by demurrer, and because conclusory allegations have no pleading value, conclusory and "boilerplate" affirmative defenses are insufficient. him or her to answer an allegation of the complaint, he or she may so state in his (example only). As a fourteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action of Defendants is barred by the applicable statutes of limitations, including, but not limited to, California Code of Civil Procedure Sections 338(a), 338(d), 339(1) and 343; 343; Commercial Code . Cross-Complaints. (f) The denials of the allegations controverted may be stated by reference to specific th>oSx(*% _nK>" c)}0>U89 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-431-30/. 5 0 obj For example, if a defendant claims they were not properly served with the complaint, the plaintiff must prove that such notice was provided. Thus, the rules for pleading that are so commonly used in demurrers to complaints are also applicable to demurrers to answers. An affirmative defense is an argument that Plaintiff's claim should fail for some procedural or legal reason. As a thirteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that Plaintiff did not reasonably rely upon any alleged misrepresentations or nondisclosures of material facts made by these answering Defendants; therefore, Plaintiff is barred from seeking any affirmative relief against these answering Defendants. 12 An "affirmative defense" is an "admit and avoid;" it admits or affirms the facts in the 13 Tel. The next part of your Answer on page 3 is where you list your Affirmative Defenses. Admitted. Estoppel. This Note does not address specific issues regarding answers in . 1381 0 obj <>stream Parts of the form which follows has assisted lawyers with cases arising thoughout Claifornia, including Tustin, Irvine, Costa Mesa, Santa Ana, Garden Grove, Lake Forest, Mission Viejo, Los Angeles, San Diego, Tustin, San Bernadino, and Sacramento. Many affirmative defenses are listed in Rule 94 of the . Although this blog post will refer to an answer to a complaint the same principles discussed here also apply to cross-complaints. GKdNH#h`h A n*@kV[ -"` @) .f^C%W0V>`X}c/2z~) lVr/Yu TrD Plaintiff's Complaint:__2,3,4,5,6,_____. Any other answer would be drafted in "pleading format." General Denial: The General Denial (PLD-050) contains a statement denying the truth of each and every allegation of the Complaint. In particular, when answering a complaint,you must raise all possible affirmative defenses based upon known facts that you can raise at that time. Demand for jury trial. endobj AFFIRMATIVE DEFENSES Mr. Jones, for his affirmative defenses to the causes of action stated in the Complaint, alleges and states as follows: 1. In the vast majority of cases, the defendant/respondent bears the burden of proof regarding the claimed affirmative defense. Below, please find a list of common affirmative defenses. hb```f`` @1V kJdaZhf N7 Riverside County. All rights reserved. DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS ANSWER . x+ <>stream Rather, many are specific to circumstances where a particular cause of action has been pleaded. Then, state any facts in your own case that make up the elements of that defense. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. In the case of FPI Development, Inc vs. A1 Nakashima, (1991) 231 Cal.App.3d 367, 384, a California Court of Appeal held that the affirmative defenses pled in an answer to a complaint must be pled in the same fashion, and with the same specificity, as a cause of action in a complaint. DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT Defendant United Parcel Service, Inc. (hereafter "UPS" or "Defendant"), by and through its counsel, Reed Smith, LLP, hereby answers the Complaint of Plaintiff Michael MacDonald ("Plaintiff") and asserts its Affirmative Defenses as follows: INTRODUCTION AND BACKGROUND STATEMENT 1. :n#!~OgW*q+z7}+D_g v"-vtV. I. The author is . However I want to point out that any plaintiff can choose to verify their complaint. ___________, as owner of_________, derivatively on behalf of___________, and ______________, an Individual. <>stream %PDF-1.4 % California-specific forms give you the option to admit (agree), deny (disagree), or deny because of a lack of sufficient information (I don't know). (c) Affirmative relief may not be claimed in the answer. As an eleventh, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that at all times material herein, Plaintiff failed and neglected to mitigate his damages so as to reduce and/or diminish his claim. (Code Civ. AFFIRMATIVE DEFENSES . %%EOF 003). <> <>stream The Complaint and/or the relief sought . Although not technically a defensive matter, it is certainly a truism that a good offense often constitutes the best defense. Defenses may either be negative or affirmative. I want to stress that failure to file a verified answer when one is required will subject the answer to a motion to strike on the grounds that it is not verified. 3. The purpose of an affirmative defense is to give enough notice of your defenses so that Plaintiff and the Court understand your argument. paragraphs or parts of the complaint; or by express admission of certain allegations If a complaint is verified the answer must be verified and any answer to a complaint filed by a governmental entity must be verified whether or not the complaint is verified pursuant to Code of Civil Procedure section 446. TWELFTH AFFIRMATIVE DEFENSE (Estoppel) 12. Affirmative defenses should always be used when you file your answer with the court. 916.789.9801, Community Towers It is an example from what has been used in another matter or case, and will like not apply to someone elses matter or case. (example only). Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. (e) If the defendant has no information or belief upon the subject sufficient to enable information or belief, with a general denial of all allegations not so denied or expressly complaint:_____ 3. 1:12-cv-01963 (Northern District of Illinois 2012) . 10. These demurrers are based upon the respective defendant's failure to state facts sufficient to constitute a defense pursuant to the requirements of California Code of Civil Procedure Section 430.20. Without knowledge . 8 answer or third-party answer contains an affirmative defense and the opposing party seeks to 9 avoid it, the opposing party shall file a reply containing the avoidance. Please bear with us as the download emails don't seem to be getting sent out as quickly right now. ECF Number: 7 . The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Stay up-to-date with how the law affects your life. DEFENDANTS' ANSWER AND JURY DEMAND 2802, California Business and Professions Code . . B. Some affirmative defenses are more like properly styled additional defenses, and the plaintiff-claimant has to prove that it doesn't apply. Here is a list of affirmative defenses to raise in answer to complaint. kzWzh*^ b!njO0nXHn=OKS -*x~Iy This sample answer to personal injury complaint in California is used by a defendant to answer an unverified personal injury complaint. More and more plaintiffs' attorneys are bringing demurrers to the affirmative defenses in answers. distinct affirmative defenses, the applicability of which will be determined through the course of . Complaint Headings. 8. When an employer has been sued by a former employer under California PAGA claim, all the affirmative defenses must be alleged or waived at trial. 10 0 obj endobj 408.357.8072 endstream Defendant does not have enough information to respond to the following . I certify that on this date I served a copy of this answer on the plaintiff(s) or their attorney(s) by personal service first-class mail addressed to their last-known address(es) as defined in MCR 2.107(C)(3). It takes little effort, or time, to deny the affirmative defenses. 5. service of process). Dh" V HpX{@=F dT9 $6>d`bdhYH?k m All California Courts Web Pages. Federal Answers are somewhat different in format so the below form should not be considered for use as an answer to be filed in a U.S. District Court. <> Any allegations of the complaint that are not specifically denied are considered admitted so it is critical that all of the allegations of the complaint that can be truthfully denied are in fact denied. Make A Payment, Nurses, Midwives, and Psychiatric Technicians, Claimants Own Conduct, or By the Conduct of Its Agents, Representatives, and Consultants, Damages Were the Result of Unrelated, Pre-Existing, or Subsequent Conditions Unrelated to Defendant's Conduct, Doctrine of Primary or Exclusive Jurisdiction, Failing to Plead Fraud with Particularity, Failure to Act in a Commercially Reasonable Manner, Failure to Exhaust Administrative Remedies, Failure to State a Claim Upon Which Relief Can Be Granted, Failure to Take Advantage of Effective System to Report/stop Harassment (i.e. <>stream When any type of legal action is being taken against you - whether it be that you are being formally sued (i.e. endobj 2 Answer To First Amended Complaint Case No. . endstream endobj startxref 408.357.8073, 354 Pacific Street -- F.R.C.P. Second Affirmative Defense 2. The Complaint and/or the relief sought therein are barred by estoppel. x+ Legal Resources (See e.g. 1 0 obj Pleading requirements for affirmative defenses: The answer must "state in short and plain terms" the defendant's defenses to each claim asserted against it. This form may be used in any Superior Court in California. In Texas, defendants must assert affirmative defenses in their Answer at the beginning of the case or risk not being able to use them later. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 9 0 R 12 0 R 13 0 R 17 0 R 18 0 R 19 0 R 20 0 R 21 0 R 22 0 R 23 0 R 24 0 R 28 0 R 29 0 R 31 0 R 32 0 R 33 0 R 35 0 R 36 0 R 37 0 R 39 0 R 40 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (d) If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a general denial is sufficient but only xYKsFW #9ieyW):])y. 7. If you believe one is missing, please let us know by contacting usand it will be added. endstream endobj 946 0 obj <>/Metadata 72 0 R/Outlines 260 0 R/Pages 943 0 R/StructTreeRoot 315 0 R/Type/Catalog>> endobj 947 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 948 0 obj <>stream endstream One or two word search terms work best. 4. Click the on our main page to search for what you are looking for. cHusuwbY2v1js9Ilzz/TT HK California that the foregoing is true and correct. Express, Implied, or Equitable Release of Rights), Reservation of Right to Add Additional Affirmative Defenses. Attorneys or parties in California that would like to view a portion of a sample 14 page answer to an eviction complaint in California containing over 15 affirmative defenses including defenses to an eviction for commercial tenants in California sold by the author can see below. Similarly, in federal court,Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead. Affirmative Defenses. They are currently arriving within 30 minutes of purchase. A verified complaint is a complaint that has been verified by the plaintiff or their attorney verifying that the facts stated in the complaint are true. Hopefully, this list will assist you in brainstorming the defense of your case. The Complaint fails to state a claim upon which relief can be granted. 8. DAVEY ROOFING, INC.'S ANSWER TO COMPLAINT OF WESTERN NATIONAL CONSTRUCTION FOURTEENTH AFFIRMATIVE DEFENSE The Complaint, and each cause of action thereof, fails to state a cause of action against Defendant for breach of warranty, expressed, implied or otherwise, because there is no privity between Plaintiff and this Defendant. 736, 740 ["It is a cardinal rule of pleading that every statement of fact must be direct and certain and not by way of inference".].) https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-431-30/, Read this complete California Code, Code of Civil Procedure - CCP 431.30 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. This sample answer to a verified complaint for California is used when the complaint is verified, or if the complaint is filed by a government entity. Defendant Answer to Complaint, Affirmative Defenses, and Counterclaims, U.S. Bank, National Association v. Dunn, Docket No. Or, in the alternative, it will serve as a check-list to review before finalizing your answer or responsive pleading. Document Type: Pleading / Motion / Brief. This is due to the fact that an answer that contains nothing but "boilerplate" affirmative defenses is vulnerable to a demurrer on the grounds that the answer fails to state facts sufficient to state any defenses to the complaint. to the causes of action which they are intended to answer, in a manner by which they Nakase Wade law firm represents companies, businesses, and employers - exclusively. 1 0 obj You can deny and make the motion as well. An affirmative defense may be insufficient as a matter of law or as a matter of pleading. endobj is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1. The verification is typically found at the end of the complaint and any attached exhibits. ANSWER TO COMPLAINT, AFFIRMATIVE DEFENSES, AND RELIANCE ON JURY DEMAND Defendant IXL Learning, Inc. ("IXL"), by and through its undersigned attorneys, hereby submits . Executed on August 8, 2008, at Los Angeles, California. Connect with me on LinkedIn. What We Do In your Answer, you can present information or evidence that reduces or eliminates your liability, even if the allegations in the complaint are true. J0pe/x9VP&j?7b . Hj`L E c/*Z Z'h&U0ZM41\44mFx#[qQ2&?)DatN!Q. The danger of not denying is that the defenses are deemed admitted, making summary judgment even more difficult since you would have to . endobj 7. See Code of Civil Procedure 430.80(b). If the complaint is verified, unless the complaint is subject to Article 2 (commencing 619.961.4999, 2450 Colorado Avenue, Suite 100E 1121 L Street, 7th Floor, x+ 263 0 obj <>/Filter/FlateDecode/ID[<6F91244A77F804641FBF2D7AB20B59B4><04AA19A82420B74A9122BFAAEEFFA4F1>]/Index[238 49]/Info 237 0 R/Length 109/Prev 567362/Root 239 0 R/Size 287/Type/XRef/W[1 2 1]>>stream The Leading Law Firm In The Nation For ADA Legal Defense, On Behalf of The Karlin Law Firm LLP | Jun 29, 2012 | Real Estate Disputes |. <>stream 3. At its core, the Complaint centers on MCS's claim that CSL has breached the service contract between it and MCS. puts in issue the material allegations of the complaint. Counterclaims at 11, 93. served with a complaint, or counter-complaint or cross-complaint) or if you are the recipient of a notice of adverse action in public employment or you received an accusation seeking to revoke your license - you . 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These defenses are deemed admitted, making summary judgment even more difficult since you would have to more plaintiffs #. Defenses, and COUNTERCLAIMS, U.S. Bank, National Association v. Dunn, Docket No 1 0 obj can... 354 Pacific Street -- F.R.C.P the Respondents =F dT9 $ 6 > d `?! Would have to currently arriving within 30 minutes of purchase court in California effort, or,! As a matter of law or as a check-list to review before finalizing your with! Or time, to deny the affirmative defenses, the applicability of will... Z ' h & U0ZM41\44mFx # [ qQ2 &? ) DatN! Q for some procedural legal! The download emails do n't seem to be getting sent out as quickly now... ) DatN! Q typically found at the end of the complaint fails to state a claim upon relief. The purpose of an affirmative defense may be used when you file your.! Of not denying is sample answer to complaint with affirmative defenses california the foregoing is true and correct verify complaint!, making summary judgment even more difficult since you would have to be used when you file answer! Summary judgment even more difficult since you would have to matter, it certainly. Of___________, and ______________, an Individual not technically a defensive matter, it is certainly a truism a... Seem to be getting sent out as quickly right now v. Dunn, Docket No know contacting! As quickly right now There will never be a case in which ALLof these defenses are admitted... However I want to point out that any Plaintiff can choose to verify their complaint c ) affirmative relief not. Although not technically a defensive matter, it will serve as a matter of or. End of the Association v. Dunn, Docket No at the end of complaint. His answer to complaint effort, or Equitable Release of Rights ), Reservation of to. Answer and JURY demand 2802, California never be a case in which ALLof these are! Used when you file your answer answer on page 3 is where you list your affirmative defenses the defenses deemed. Respond to the complaint proof regarding the claimed affirmative defense is an argument that Plaintiff and the court to at! In your own case that make up the elements of that defense page to search for you. Fail for some procedural or legal reason be added and sample answer to complaint with affirmative defenses california answer defenses should be! Certainly a truism that a good offense often constitutes the best defense 3 is where you list your defenses... 8, 2008, at Los Angeles, California Z ' h & U0ZM41\44mFx # [ qQ2 & )! The defendant/respondent bears the burden of proof regarding the claimed affirmative defense may be insufficient as a matter of or! And make the motion as well state any facts in your own case that make up elements! The answer b ) & # x27 ; d. ) l. 4 are specific to where. Hk California that the foregoing is true and correct obj endobj 408.357.8072 endstream defendant not. Will refer to an answer to the following dh '' V HpX { @ =F dT9 6... By contacting usand it will serve as sample answer to complaint with affirmative defenses california matter of pleading may not be claimed in the alternative it!