Drafting Answers (CA)

Good reference on drafting a proper answer is contained in :Rutter: Civil Procedure Before Trial Ch. 6 pp 103-130. Find what the Code of Civil Procedure says clicking  here.
An answer is a response to a cause of action complaint. It has the function of  really delineating what the issues for the suit are (It follows every paragraph of the complaint) and it also  brings forth new matter in the shape of affirmative defenses.
The Defendant has three options: deny, admit, deny partially and admit partially.  Defendant can also object along with the denial/admission.

In any case, 30 calendar days (including holidays and weekends) is all you have to answer the complaint or else the court can enter a judgment against you for Default.  An answer is not the only thing you can file, a Demurrer, a general Denial and several types of Motions can also be filed instead of an answer depending on the nature of the complaint.

An answer has several parts:
A first page (not unlike the complaint except a case number will have been assigned and a judge will have been assigned)
A BODY of the answer, divided in two parts.

• Responses to the complaint by general denial or specific responses to allegations in the complaint. 
• Affirmative defenses which constitute the new matter.

A PRAYER or demand for relied. In answers, the prayer doesn't go into many specific, just asks to be relieved of the action and costs of the suit.
A SUBSCRIPTION with the signature of the attorney of the Defendant.
A VERIFICATION only if the complaint was also verified.


Use 28 line pleading  paper, 12 pt. Arial or Times New Roman type  with spacing at 22.75pts. but check the local court rules.

On the first page: 
Top right: Name, office, address and phone of the attorney along with State Bar No. and capacity: Atty for the Defendant:

Law Offices of D. Murray &  C. Pell
Don Murray, Esq. (S.B.N. 123456)
66 Vicious Cl. Suite 16
Slapville, CA 91101
Attorney for the Defendant.

Name of the Court in Bold, All-Caps and centered,  never above line 8. e.g.

 SUPERIOR COURT OF THE STATE OF CALIFORNIA.

COUNTY OF LOS ANGELES. 

Name the parties , AND their capacity. If one party is a minor, say so and add guardian ad litem's name as well.  e.g." Nickldime, a business incorporated in California", "Suitville, A municipal corporation", "an individual", etc...Do not forget to add the DOES 1 to 20 on the Defendant side.

Include case number.

Include the nature of the case. e.g.   ANSWER TO COMPLAINT

Include Judge & Department : e.g Assigned to the Hon. Lisa Green, Dept 12

Always add a footer in all caps at 10 pts.  with the nature of the case matching the nature of the case in the Caption. 

Body of the answer:
1. BODY:
Unless you are issuing a general denial which basically answers the complaint as a whole and blankets every single allegation , the first responses address the General Allegation in the complaint.
Some considerations to take into account:
When denying, 

• You can NOT use a general denial when complaint is verified. This requires the answers to be verified as well. 
• An answer that addresses every specif allegation requires and admission or denial to EVERY specific allegation in the complaint. Anything you miss will be deemed admitted. Even the complaints by incorporation need an answer: e.g.  "Answering §6, D. realleges and incorporates by reference the admissions, allegations and denials in §§ 1 through 5 of this answer."
•  Therefore,responses should be distributed in  numbered paragraphs that MIRROR the numbering in  the complaint.
• If a paragraph in the complaint includes several allegations, take pains to address each one of them.
• A response may be made to reference the allegation by number only. e.g. "Answering to §5, defendant denies the allegations in this paragraph."
• You may admit or deny an entire paragraph but you may also admit in part and deny in part.Be careful. (more explanation is necessary, see below.) *
• A response is necessary to each incorporation by reference in the complaint. 
• Denials on lack of information and belief are acceptable. e.g: "Defendant  lacks information or belief, and therefore denies each and every allegation contained in §6 of ...."
• Denials and admission on information and belief are acceptable.  

 *Cautions: 
The negative pregnant danger. 
                   A denial that quotes the language in the complaint can become an admission. How?
Look at this answer: 

"Defendant denies that the Plaintiff suffered losses of $3,000 in his store" 

This answer admits the losses might have been for any other amount.

"Defendant denies that he struck Plaintiff with a baseball bat."

This answer admits the possibility of another type of instrument or means of injury. The denial is pregnant with admission.

Solution: When denying, Do NOT quote.
e.g.
The Defendant admits (quote exact language of the complaint) but denies any other allegation contained in paragraph 6."

The conjunctive denial danger. 
Denying several allegations  from the complaint  using AND instead of OR. AND assumes you are denying the combination of all allegations, OR assumes you are denying each allegation separately.

Bad:    "Defendant denies that he owned the subject automobile and that he leased the trailer."
Better: "Defendant denies that he owned the automobile or that he leased the trailer" 
Best:    "Defendant denies all allegations contained....


 2. AFFIRMATIVE DEFENSES.

The Body of the answers addresses the complaint allegations. The Affirmative defenses do NOT. Instead, they assert defenses, new facts, that the Defense alleges and that shield the Plaintiff.
For example, in a  breach of contract case, an affirmative defense could be fraud. In a negligence tort case, it could be  comparative negligence.

How do you present these affirmative defenses.

• First, make sure to label them up front. AFFIRMATIVE DEFENSES.  
• List and number  each defense separately and with a caption. Example:

 THIRD AFFIRMATIVE DEFENSE TO SECOND CAUSE OF ACTION. 

Failure to Mitigate Damages. 

20. As a THIRD AFFIRMATIVE DEFENSE to the second cause of action alleged in the complaint, Defendant alleges that Plaintiff failed to mitigate his damages..

• Allege the essential facts for each defense you draft. 
• The Plaintiff does NOT need to respond to these A.DD.

Prayer.
A prayer for relief is not compulsory but it can be added.
It cannot request relief as in the case of the complaint. If such relief is requested, a cross-complaint is the appropriate vehicle for that.
e.g.
WHEREFORE, Defendant prays fro Judgement and relief as follows: 
That Plaintiff take nothing by this action and that Defendant be awarded costs and other just relief.


Subscription and Verification.

• Signature of the Defense attorney. 
• Only need verification if the Complaint is verified. Most complaints aren't verified. Considering the burden this would place on the Defendant, isn't it strange that they are not? Keep in mind some causes of actions require verified complaints (some family law issues  and unlawful detainer for example). Verified complaints are made under oath so they require a lot more scrutiny, they require sworn answers (which leave little room for answers based on belief or inaccurate and can open the Defendant to further causes of action) so they are not as common as one might think.

"One tired cricket" by Jose L. De Juan on Ipad using a free animation app.

 JUDICIAL COUNCIL FORMS may be used in actions based on personal injury, property damage, wrongful death, breach of contract, fraud or unlawful detainer. CCP §42512, CRC 982.1