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Is the most common response to a Complaint
Must be served within 30 days in California
Filed with the Court with a filing fee
Mailed to Plaintiff
Meant to flesh out the issues in the case
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Caption page
General denial (unless verified
complaint)
Affirmative defenses
Prayer
Signature of attorney
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Statute of limitations
Unclean hands
Comparative negligence
Set-off
Assumption of the risk
Estoppel
Failure to exhaust administrative remedies
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From the Defendant against the Plaintiff
◦ Can be compulsory or permissive
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From the Defendant against a co-defendant
◦ Permissive only
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From the Defendant against a third party
◦ Permissive only
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Allows the Defendant to sue someone else in
same suit after being served with Complaint
Same format rules and content as Complaint
Treated as an independent action
Service by mail for existing parties; Complaint
process for new parties
Timing considerations
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Each party has a right to amend its pleadings
once, without Court permission, for a short
amount of time after the initial pleading
Complaints and Cross-Complaints: before
opponent’s response is filed
Answers: within 10 days
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Liberally granted
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to bring in Does
to bring in new parties
to delete existing parties
to correct scriveners’ errors
Done by Motion or ex parte application
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A pleading which alleges facts that
occurred after the filing of the original
pleading
Does not replace/supersede original
pleading, only adds to it
Done through noticed Motion procedures
Leave liberally given
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Demurrer
Motion to Strike
Motion for Judgment on the Pleadings
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Applies to Complaints and CrossComplaints
Same time to respond as if filing answer
Based on law, not facts; tests the legal
sufficiency of the Complaint/CrossComplaint
Motion rules apply
Mailed to opponent, filed with Court
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Used to attack entire pleading or parts of
the pleading
Used to attack complaint, answer, crosscomplaint, or demurrer
Used to attack pleadings on grounds
demurrer cannot reach
Judged only on the face of the pleadings
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Same as Demurrer, but used after time
has lapsed for Defendant to file
Demurrer
Same rules as for Demurrers
Court only looks at face of challenged
pleading
Often based on lack of jurisdiction
Same Motion/format procedures