Answer
(CA)

Summary

This template illustrates the general format and structure of an answer in a civil action in California superior court. This template includes practical guidance, drafting notes, and alternate paragraphs. An answer generally contains the following elements, in this order: • A caption • Denials and admissions of the allegations of the complaint • Affirmative defenses to the plaintiff's causes of action, if any • Signature of the defendant's attorney (or the defendant, if unrepresented) See Cal. Code Civ. Proc. §§ 128.7(a), 431.30(b); Cal. Rules of Ct., Rules 2.111, 2.112. In drafting the answer, be sure that it addresses each allegation in the complaint and that it effectively denies each allegation that defendant intends to deny. Any allegations in the complaint that are not controverted by the answer are deemed to be true for purposes of the action. Cal. Code Civ. Proc. § 431.20(a). The substantive allegations supporting any affirmative defenses to the plaintiff's claims should be inserted into this template as appropriate based on the facts, law, and nature of the plaintiff's claims. Refer to the statutes, rules, jury instructions, and case law governing the substantive causes of action and defenses for any specific pleading requirements. Also remember that, with limited exceptions such as failure to state a cause of action and lack of subject matter jurisdiction, any defenses that are not raised by answer or (when appropriate) demurrer are generally waived. See Department of Finance v. City of Merced, 33 Cal. App. 5th 286, 294 (2019); Wang v. Nibbelink, 4 Cal. App. 5th 1, 10 (2016); Cal. Code Civ. Proc. § 430.80(a); see also Cal. Code Civ. Proc. § 418.10(e) (waiver of lack of personal jurisdiction, insufficient summons or service of process, inconvenient forum, and delay in prosecution). Note that generally the answer need not be verified, unless the complaint is verified. See Cal. Code Civ. Proc. §§ 128.7(a), 446(a). If the action is subject to Cal. Code Civ. Proc. § 90 et seq., which applies to most limited civil cases (see Cal. Code Civ. Proc. § 91), a verified answer is not required even if the complaint is verified. Cal. Code Civ. Proc. § 92(b). In addition, a verified answer is required in certain cases brought by the state or other public entity, or by an officer of such an entity acting in the person's official capacity. See Cal. Code Civ. Proc. § 446(a). In contrast to practice in federal court and in some other states, an answer in California state court may not demand "affirmative relief." Cal. Code Civ. Proc. § 431.30(c). Any affirmative relief requested against the plaintiff, co-defendants, or third parties must be sought by filing a cross-complaint, in a separate document from the answer. See Cal. Code Civ. Proc. §§ 428.10–428.40. For discussion, see Cross-Complaints (CA). The answer must be filed with the court and served on the attorneys of record for the plaintiff and all other parties (or on the parties directly, if they are unrepresented) within the time period specified in the summons (usually 30 days after service of the summons). See Cal. Code Civ. Proc. §§ 412.20(a)(3), 1010, 1014. Also, copies of any external documents (e.g., contracts) that are incorporated by reference into the answer should be attached to, and served and filed with, the answer. For discussion of procedures for filing and service, see Filing and Serving Documents Other Than Initial Complaint and Summons (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For further guidance regarding drafting an answer and time limits for serving the answer, see Answering the Complaint (CA). For general format requirements for all litigation documents, see Formatting Rules in Court Checklist (CA). For discussion of demurrers, see Demurrers (CA).