California Answer Filing Checklist

Court: Superior Court of California, County of [________________________________]

Case Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

Defendant: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Deadline Calculation

Standard Response Deadline

☐ Date of service: [__/__/____]
☐ Method of service:
☐ Personal service in California: 30 days
☐ Personal service outside California: 30 days + 10 days
☐ Substitute service: 30 days + 10 days
☐ Service by mail within California: 30 days + 5 days
☐ Service by mail outside California: 30 days + 10 days
☐ Acknowledgment of receipt: 30 days

☐ Calculated response deadline: [__/__/____]

Extension of Time

☐ Stipulated extension obtained: ☐ Yes ☐ No
☐ Extension is maximum 15 days without court order
☐ New deadline: [__/__/____]
☐ Written stipulation signed

II. Response Options

Option 1: File Answer

☐ Answer to complaint

Option 2: File Demurrer (CCP § 430.10)

☐ Demurrer to complaint
☐ Grounds:
☐ No legal capacity to sue
☐ Prior action pending
☐ Misjoinder of parties
☐ Failure to state facts sufficient for cause of action
☐ Uncertain complaint
☐ Other: [________________________________]
☐ Meet and confer completed (CCP § 430.41)

Option 3: File Motion to Strike (CCP § 435-436)

☐ Motion to strike portions of complaint
☐ Meet and confer completed (CCP § 435.5)

Option 4: Anti-SLAPP Motion (CCP § 425.16)

☐ Complaint arises from protected activity
☐ 60-day deadline to file (or 30 additional days with court order)
☐ Plaintiff unlikely to prevail

Combination

☐ Demurrer AND motion to strike
☐ Demurrer OR motion to strike with answer to remaining causes

III. Answer Content Requirements

General Requirements (CCP § 431.30)

☐ Answer responds to complaint's allegations
☐ General denial OR specific denials
☐ Affirmative defenses stated

Response to Allegations

For each allegation:
☐ Admit
☐ Deny
☐ Deny for lack of sufficient information to form belief
☐ Admit in part, deny in part

General Denial (CCP § 431.30(d))

☐ Available for:
☐ Unverified complaint
☐ Verified complaint (defendant must verify answer)
☐ Denies each allegation of complaint
☐ Single sentence format permitted

Specific Denials

☐ Each paragraph addressed
☐ Clear indication of what is denied
☐ Basis for denial (if required)

IV. Affirmative Defenses

Common California Affirmative Defenses

☐ Statute of limitations (CCP § 312-366)
☐ Statute of frauds (Civil Code § 1624)
☐ Laches
☐ Waiver
☐ Estoppel
☐ Unclean hands
☐ Accord and satisfaction
☐ Release
☐ Payment
☐ Failure to mitigate damages
☐ Comparative negligence
☐ Contributory negligence
☐ Assumption of risk
☐ Res judicata
☐ Collateral estoppel
☐ Good faith
☐ Privilege
☐ Other: [________________________________]

New Matter Requirement (CCP § 431.30(b))

☐ New matter must be affirmatively pleaded
☐ Each defense numbered separately
☐ Facts supporting each defense alleged

V. Cross-Complaint (CCP § 428.10)

Compulsory Cross-Complaint

☐ Arising from same transaction/occurrence
☐ Must be filed with answer or leave required later
☐ Against plaintiff or others

Permissive Cross-Complaint

☐ Related claims against plaintiff
☐ Claims against third parties

Cross-Complaint Documents

☐ Cross-Complaint form or pleading paper
☐ Summons for cross-defendants
☐ Case cover sheet (if adding new parties)

VI. Required Documents

Answer Document

☐ Judicial Council Form (if available):
☐ Answer to Complaint (PLD-C-010)
☐ Answer—Contract (PLD-C-010)
☐ Answer—Personal Injury, etc. (PLD-PI-003)

☐ OR Custom Answer on Pleading Paper:
☐ 28-line pleading paper
☐ Proper caption
☐ "ANSWER TO COMPLAINT" title
☐ Response to each allegation OR general denial
☐ Affirmative defenses
☐ Prayer
☐ Verification (if required)
☐ Attorney signature

Verification (if Required)

☐ Verified complaint requires verified answer
☐ Verification by party under oath
☐ Corporate defendant: officer verification
☐ Out-of-state defendant: verification on information and belief permitted

VII. Filing Requirements

Filing Fee

☐ First paper filed by defendant: $435 (unlimited) or $240 (limited)
☐ Cross-complaint: No additional fee if filed with answer
☐ Fee waiver request filed: ☐ Yes ☐ No

Filing Method

☐ E-filing (mandatory in most counties)
☐ In-person filing
☐ Mail filing (if permitted)

Copies Required

☐ Original for court
☐ Copy for each party
☐ Copy for client file

VIII. Service Requirements

Proof of Service

☐ Answer served on plaintiff(s) and all parties
☐ Service method:
☐ E-service (if all parties registered)
☐ Mail service
☐ Personal delivery
☐ Proof of service filed with court

Certificate of Service Format

☐ Lists all parties served
☐ Addresses for service
☐ Method of service
☐ Date of service
☐ Signed by server

IX. Demurrer Procedures (if filing demurrer)

Meet and Confer Requirement (CCP § 430.41)

☐ In-person or telephone conference
☐ Conducted before filing demurrer
☐ Declaration of meet and confer filed with demurrer
☐ Meet and confer date: [__/__/____]

Demurrer Documents

☐ Notice of Demurrer
☐ Demurrer
☐ Memorandum of Points and Authorities
☐ Declaration re: Meet and Confer
☐ Proposed Order

Demurrer Hearing

☐ Hearing must be set 35 days out (or next available)
☐ Hearing date: [__/__/____]
☐ Opposition due: 9 court days before hearing
☐ Reply due: 5 court days before hearing

X. Motion to Strike Procedures (if filing)

Meet and Confer Requirement (CCP § 435.5)

☐ Meet and confer conducted
☐ Declaration filed

Motion to Strike Documents

☐ Notice of Motion
☐ Motion to Strike
☐ Memorandum of Points and Authorities
☐ Declaration re: Meet and Confer
☐ Proposed Order

XI. Post-Filing Procedures

Case Management

☐ Case Management Statement due: [__/__/____]
☐ Participation in ADR required
☐ Discovery may commence

Discovery Hold

☐ Filing answer does not delay discovery
☐ Discovery act timelines apply

XII. Quality Control Checklist

Before Filing

☐ Response deadline verified
☐ All allegations addressed
☐ Affirmative defenses properly pleaded
☐ Cross-complaint considered and filed (if applicable)
☐ Verification included (if required)
☐ Filing fee ready
☐ All signatures obtained
☐ Meet and confer completed (for demurrer/motion to strike)

Document Review

☐ Case number correct
☐ Party names match complaint
☐ Proper formatting
☐ Proof of service prepared

XIII. Document Tracking Log

XIV. Key Deadlines

Sources and References

• California Courts Self-Help: https://selfhelp.courts.ca.gov
• California Rules of Court: https://www.courts.ca.gov/rules.htm
• California Code of Civil Procedure: https://leginfo.legislature.ca.gov

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]