Answer to a verified complaint in California

An answer to a verified complaint in California is the topic of this blog post.

An answer to a verified complaint in California must be verified if the complaint has been verified by the plaintiff or their attorney verifying that the facts stated in the complaint are true. The verification is typically found at the end of the complaint and any attached exhibits.

Most civil complaints in California are not verified unless there is a particular statute or code that requires that a particular cause of action be verified. However I want to point out that any plaintiff can choose to verify their complaint. Although this blog post will refer to an answer to a verified complaint in California the same principles discussed here also apply to cross-complaints.

If a complaint is verified the answer must be verified and any answer to a complaint filed by a governmental entity must be verified whether or not the complaint is verified pursuant to Code of Civil Procedure section 446. Note that this rule only applies to unlimited civil cases, where the demand of the complaint exceeds $25,000.00.

An answer to a verified complaint in California must admit or deny each and every paragraph of the complaint, and must also contain a verification signed by the defendant or defendants or their attorney stating that they have read the answer and everything contained therein is true and correct to the best of their knowledge. The verification must be signed under penalty of perjury. I want to stress that failure to file a verified answer when one is required will subject the answer to a motion to strike on the grounds that it is not verified.

As stated earlier, defendant must admit or deny each and every paragraph of the complaint. Admissions or denials generally consist of the following:

  1. Defendant denies the allegations of paragraph 1. (example only).
  2. Defendant admits the allegations of paragraph 2. (example only).
  3. Defendant has no information or belief that the allegations of paragraph 3 are true so defendant denies them. (example only).

Any allegations of the complaint that are not specifically denied are considered admitted so it is critical that all of the allegations of the complaint that can be truthfully denied are in fact denied.

An answer’s “failure to state facts sufficient to constitute a defense” may be raised at any time (i.e., no waiver). But the other grounds for challenging the sufficiency of the answer must be raised by demurrer, or are automatically waived. See Code of Civil Procedure § 430.80(b).

However an answer to a verified complaint in California should also contain specific affirmative defenses that are tailored to the individual case. This is due to the fact that an answer that contains nothing but “boilerplate” affirmative defenses is vulnerable to a demurrer on the grounds that the answer fails to state facts sufficient to state any defenses to the complaint.

A California Court of Appeal ruled in the case of FPI Development, Inc vs. A1 Nakashima, (1991) 231 Cal.App.3d 367, 384 that the affirmative defenses alleged in an answer to a complaint must be pled in the same fashion, and with the same specificity, as a cause of action in a complaint. Because conclusory allegations are not admitted by demurrer, and because conclusory allegations have no pleading value, conclusory and “boilerplate” affirmative defenses are insufficient.

I suggest avoiding the use of generic or “boilerplate” affirmative defenses whenever possible.

Any allegations of the complaint that are not specifically denied in an answer to an verified complaint in California are deemed admitted.

Sample answer to a verified complaint in California for sale.

Attorneys or parties in California who wish to view a portion of a sample answer to a verified complaint in California for sale by the author can see below.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/  for more information.

Follow Stan Burman on Twitter at:

https://twitter.com/legaldocspro

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https://plus.google.com/+StanBurman

 DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

Can social justice be an alternative to the judicial system

By Eric Mains, J.D, Former Federal Bank Regulator In the last few months we have seen a literal wave of the wealthy and influential falling from grace, losing their positions of power and ducking for cover as their conduct becomes scrutinized in media and social media. They have become keenly aware if they have something […]

via Eric Mains: #MeToo- Is Social Justice a Viable Alternative to a Flawed and Compromised Judicial System? — Livinglies’s Weblog

Great article by Eric Mains, an attorney and former federal regulator on how social media may be one alternative to a flawed and compromised judicial system.

Judge in Miami issues OSC for contempt against attorneys and witness for Ditech

(BREAKING NEWS) — Daily Business Review is reporting that a Miami-Dade Circuit Judge has ordered two attorneys for a mortgage loan servicer and their representative who testified in court to appear at a show cause hearing before Judge Beatrice Butchko, wherein they may be facing indirect criminal contempt of court, resulting in jail time along […]

via THE PROVERBIAL “CA-CA” MAY HIT THE FAN IN SOUTH FLORIDA! — Clouded Titles Blog

Reading this article is like receiving an early Christmas gift.  It couldn’t happen to a more deserving group of people. More judges need to use their powers of contempt and issue more orders to show cause such as this one.  Forget about putting the fear of God in these people! Put the fear of being arrested and being thrown into the local jail along with the general population into them!

Wells Fargo may lose their license to sell insurance in California

California’s insurance regulator wants to suspend or revoke Wells Fargo & Co.’s license to sell insurance in the state after accusing the bank of setting up more than 1,400 renters insurance and life insurance policies for customers who never asked for them. The move, announced late Tuesday, comes after the department launched an investigation last year into […]

via Wells Fargo, accused of signing up customers for unneeded insurance, could face sanctions from state — Justice League

What really needs to happen is for the insurance regulators in all 50 states to revoke the license of Wells Fargo to sell any insurance in their state. Then the politicians and regulators need to get serious about revoking the national banking charter of Wells  Fargo Bank to make an example of them.

Notice to quit in an eviction after foreclosure in California

A notice to quit in an eviction after foreclosure in California is the topic of this blog post.

A notice to quit in an eviction after foreclosure in California is required by California law.

A notice to quit in an eviction after foreclosure in California is typically served by the individual or entity that has purchased a real property at a trustee sale where the tenant or subtenants have a month-to-month lease or periodic tenancy.

A notice to quit in an eviction after foreclosure in California is required by Code of Civil Procedure section 1161b(a) which states in pertinent part that,

“Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days’ written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter.”

A notice to quit in an eviction after foreclosure in California can also be served in situations as specified in Code of Civil Procedure section 1161b(b) which states that,

In addition to the rights set forth in subdivision (a), tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale shall have the right to possession until the end of the lease term, and all rights and obligations under the lease shall survive foreclosure, except that the tenancy may be terminated upon 90 days’ written notice to quit pursuant to subdivision (a) if any of the following conditions apply:

(1) The purchaser or successor in interest will occupy the housing unit as a primary residence.

(2) The lessee is the mortgagor or the child, spouse, or parent of the mortgagor.

(3) The lease was not the result of an arms’ length transaction.

(4) The lease requires the receipt of rent that is substantially less than fair market rent for the property, except when rent is reduced or subsidized due to a federal, state, or local subsidy or law.

(c) The purchaser or successor in interest shall bear the burden of proof in establishing that a fixed-term residential lease is not entitled to protection under subdivision (b).”

I want to stress that the notice to quit in an eviction after foreclosure in California must be served in strict compliance with the requirements specified in Code of Civil Procedure section 1162 which states that,

“(a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods:

(1) By delivering a copy to the tenant personally.

(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.

(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.”

I also want to point out that if the new owner fails to serve a notice to quit in an eviction after foreclosure in California as specified in Code of Civil Procedure section 1162 that the tenant or tenants can use the issue of defective serve of the notice as an affirmative defense in their answer to the eviction complaint.

Sample answer alleging defective service of a notice to quit in an eviction after foreclosure in California.

Attorneys or parties in California that would like to view a portion of a sample 15 page answer to an eviction complaint in California containing brief instructions, 18 affirmative defenses including the defense of defective service of a notice to quit in an eviction after foreclosure in California, sample verification and proof of service by mail sold by the author can see below.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/  for more information.

Follow Stan Burman on Twitter at:

https://twitter.com/legaldocspro

Follow Stan Burman on Google Plus at:

https://plus.google.com/+StanBurman

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

California and Federal litigation

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