Chapter 6

Challenges to Complaint Answer Motion Demurrer(in some state courts)

Request for Relief (Damages) (Fed. Ct.) Counterclaim Cross Claim Third Party Complaint

3

Answer Demurrer Motion Cross Complaints

4

Challenges factual basis of complaint Responses to allegations of complaint

◦ Denial of allegations in complaint General vs. specific

◦ Admission of allegations Express v. implied

Affirmative defenses

5

http://www.scefiling.org/filingdocs/194/29109/48897_149847_Answer.pdf

Drafted Judicial Council Forms (Calif.) Caption and docket number from complaint

◦ Short form caption General Denial

◦ Unverified complaint◦ State v. federal practice

7

Timing—State v. Fed. Filed like complaint

◦ Filing fee Service

◦ By mail on parties who have appeared Proof of Service by Mail (or fax etc.)

◦ Proof of service attached to Answer and filed with answer.

8

Demurrer◦ State Practice only◦ Demurrer, Notice of Hearing and Memo of P & A.

MotionsMotion to quashMotion to dismissMotion for more definite statement

9

Federal Court (see textbook)◦ Cross claim◦ Counterclaim◦ Third party complaint

State Court◦ Cross Complaint

Resemble complaint—with expanded caption

(see sample—2800 Stevens Creek Rd.) Check complex case filings on Santa Clara

County Superior Court

Service of Cross complaint:◦ By mail to attorney if already appeared in action◦ Personally on cross def—if no prior appearance

http://www.scefiling.org/filingdocs/194/29109/48900_149847_SC.pdf

Required! Responses same as for complaint