CALIFORNIA CIVIL LITIGATION
ANSWERING THE
COMPLAINT
© 2005 by Thomson Delmar
Learning. All Rights Reserved.
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ANSWERING STATE COURT
COMPLAINTS
Response to complaint is due 30 days
from service.
Defendant may attack the pleading or
answer in that time.
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TYPES OF STATE COURT
ANSWERS
Special Denials
General Denials
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SPECIAL DENIAL—
answer required for verified pleadings,
must admit or deny every allegation in
the complaint.
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RISKS OF SPECIAL DENIALS
1. Any allegation not denied is
admitted.
2. Negative pregnant may result.
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GENERAL DENIAL—
denies every allegation of unverified
complaints, even if some are true.
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AFFIRMATIVE DEFENSES—
allegations of facts or theories in the
answer that shield defendant from
liability.
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EXAMPLES OF
AFFIRMATIVE DEFENSES
Statute of limitations
Assumption of risk
Waiver and estoppel
Comparative negligence
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PLEA IN ABATEMENT—
affirmative defense that:
1. Facts not pled in complaint would
show defendant not liable.
2. Defect does not appear on the face of
the complaint.
3. Therefore alleged as affirmative
defense.
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FORMS OF STATE COURT
ANSWERS
Drafted
Official Forms
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DRAFTED ANSWER
Caption (like complaint) titled “Answer”
Denials or responses,
Affirmative defenses,
Prayer for relief,
Subscription, and
(if necessary)
Verification
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FORM ANSWERS
Two types:
1. General denial (with space for
defenses)
2. Specially drafted (with space for
denials,
admissions, and defenses)
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FEDERAL COURT ANSWERS
 Same purpose and function as state
court
 General denials not permitted
 Due 20 days after service of complaint
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SUMMARY
Special and General Denials
PREVIEW
Attacking the Pleadings
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