SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [COUNTY]
[PLAINTIFF NAME], )
Plaintiff, )
) CASE NO.: [CASE NUMBER]
vs. )
) Assigned for All Purposes to:
[DEFENDANT NAME], ) Hon. [Judge] – Dept. [__]
Defendant. )
_________ )
ANSWER OF DEFENDANT [DEFENDANT NAME] TO COMPLAINT
(GENERAL DENIAL – Cal. Code Civ. Proc. § 431.30(d))
[// GUIDANCE: Confirm that the complaint is unverified; a general denial is NOT permitted against a verified complaint, nor in certain limited-civil actions. If the complaint is verified, prepare a verified answer with paragraph-by-paragraph responses instead.]
TABLE OF CONTENTS
I. General Denial
II. Affirmative Defenses (Nos. 1-20)
III. Reservation of Additional Defenses
IV. Prayer for Relief
V. Verification [if required]
VI. Proof of Service
I. GENERAL DENIAL
Pursuant to California Code of Civil Procedure section 431.30(d), Defendant [DEFENDANT NAME] (“Defendant”) hereby generally denies each and every allegation contained in the Complaint, and the whole thereof, and further denies that Plaintiff has been damaged in the manner or amounts alleged, or in any manner or amount whatsoever, or is entitled to any relief from Defendant.
II. AFFIRMATIVE DEFENSES
[// GUIDANCE: Plead only those defenses that are arguably applicable based on known facts; eliminate the rest to avoid sanctions for frivolous pleadings.]
-
Failure to State a Claim
The Complaint, and each purported cause of action therein, fails to state facts sufficient to constitute a cause of action against Defendant. -
Statute of Limitations
Each purported cause of action is barred, in whole or in part, by one or more applicable statutes of limitation, including but not limited to Cal. Code Civ. Proc. §§ [PLACEHOLDER – insert specific sections]. -
Laches
Plaintiff’s claims are barred by the equitable doctrine of laches due to Plaintiff’s unreasonable delay in asserting them. -
Waiver
Plaintiff, by acts or omissions, waived any right to the relief sought. -
Estoppel
Plaintiff is estopped by words, conduct, or silence from asserting the claims alleged. -
Accord and Satisfaction
Any obligation alleged has been discharged by accord and satisfaction. -
Payment
Any sums allegedly due have been paid in full. -
Release
Plaintiff executed a valid release barring the asserted claims. -
Unclean Hands
Plaintiff’s own wrongful conduct bars or diminishes recovery under the doctrine of unclean hands. -
Failure to Mitigate
Plaintiff failed to take reasonable steps to mitigate any damages allegedly sustained. -
Comparative Fault / Contributory Negligence
Any damages must be reduced or barred in proportion to Plaintiff’s own fault. -
Fraud
Plaintiff’s claims are barred because they are founded on fraud, illegality, or misrepresentation by Plaintiff. -
Improper Parties
Defendant is not a proper party; Plaintiff has failed to join indispensable parties. -
Lack of Standing
Plaintiff lacks standing to sue. -
Offset & Setoff
Any liability of Defendant is subject to offset and setoff. -
Rule Against Double Recovery
Plaintiff is not entitled to double recovery for the same alleged loss. -
Force Majeure / Impossibility
Performance was excused or rendered impossible by events beyond Defendant’s control. -
Reservation of Contractual Defenses
To the extent the action is contractual, Defendant pleads all defenses recognized under the California Commercial Code and common law. -
Punitive Damages Bar
Plaintiff’s request for punitive damages (if any) is barred by failure to plead facts meeting the heightened standard under California law. -
Additional Statutory & Equitable Defenses
Defendant pleads any and all additional affirmative defenses available under the California Code of Civil Procedure, Civil Code, or other applicable law.
III. RESERVATION OF ADDITIONAL DEFENSES
Defendant has not yet completed investigation of the facts or discovery in this action. Accordingly, Defendant expressly reserves the right to amend this Answer to assert additional defenses (including by cross-complaint) as they become known.
[// GUIDANCE: Any cross-complaint against Plaintiff or third parties must normally be filed with this Answer. See Cal. Code Civ. Proc. §§ 428.10–428.80.]
IV. PRAYER FOR RELIEF
WHEREFORE, Defendant prays for judgment as follows:
1. That Plaintiff take nothing by the Complaint and that judgment be entered in favor of Defendant;
2. That the Complaint be dismissed in its entirety with prejudice;
3. That Defendant recover costs of suit herein incurred; and
4. For such other and further relief as the Court deems just and proper.
V. VERIFICATION [if required]
[// GUIDANCE: Include this section ONLY if the Complaint is verified or if local rules require verification.]
I, [Declarant Name], am the [Title/Position] of Defendant and am authorized to verify this Answer. I have read the foregoing Answer and know the contents thereof; the same is true of my own knowledge, except as to matters stated on information and belief, and those matters I believe to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [Date], at [City], California.
[Declarant Name]
VI. PROOF OF SERVICE
[// GUIDANCE: Serve all parties and file a completed Proof of Service (Judicial Council form POS-030 or local equivalent). California requires 30 days from service of the Summons/Complaint to file this Answer; add time for service by mail or substituted service as applicable.]
Respectfully submitted,
DATED: [Date]
[LAW FIRM NAME]
By: ________
[ATTORNEY NAME]
Attorneys for Defendant
[DEFENDANT NAME]