California: Filing an Answer

Standard Time to Respond in California

• The standard time to respond to a complaint in California is 30 calendar days after service, with an additional 5 days if served by mail

Consequences for Defendant's Refusal to Sign Acknowledgment (CCP 415.30)

• If a defendant refuses to sign and return the notice and acknowledgment form without good reason under CCP 415.30, they are liable for the costs of formal service and attorney fees

Time to File Answer After Acknowledgment

• Once a defendant signs the notice and acknowledgment form under CCP 415.30, they have 30 days from the date of signing to file an answer

Motion extending Deadline

• A Motion to Quash extends the deadline for filing an answer by 15 days in California

Motion without Specific Deadline

• A Motion to Compel Arbitration does not have a specific deadline for filing an answer after resolution

Extra Days for Answer After Demurrer

• A defendant gets 10 extra days to file an answer if they previously filed a demurrer

Informal Waivers of Service

• Informal waivers of service require agreement between attorneys and do not provide extra days

False Statement Regarding Complaint Extensions

• A Motion to compel arbitration does not provide a 30-day extension to file an answer

Motion to Compel Arbitration and Deadline

• When a party files a motion to compel arbitration, the deadline is frozen until the motion is decided; the party then has 15 days to answer

Failure to Return Acknowledgment

• If the acknowledgment of receipt form under CCP 415.30 is not returned within 20 days, the defendant is liable for costs of formal service and potentially attorney fees

Time Granted After Motion to Quash

• After filing a Motion to Quash in California, 15 additional days are granted to file an answer

Service Completion Under CCP 415.30

• Under CCP 415.30, service is considered complete on the date the acknowledgment form is executed and returned

Extra Days after Demurrer in UD Case

• A defendant in an Unlawful Detainer (UD) case receives no extra days to file an answer after the court rules on a demurrer

Maximum Time to File Proof of Service in CA

• The maximum time a plaintiff has to file proof of service after initiating a lawsuit in California is 60 days

Sequence for Serving Complaint by Mail Under CCP 415.30

• The correct sequence for serving a complaint by mail under CCP 415.30 is mail summons and complaint with two copies of acknowledgment form, defendant signs within 20 days, and answer is due in 30 days

Standard Time to Respond Under FRCP

• Under the Federal Rules of Civil Procedure (FRCP), the standard time to respond to a complaint is 21 days after service

Refusal to Sign Acknowledgment Under FRCP 4(d)

• Under FRCP 4(d), a defendant is liable for the costs of formal service and attorney fees if they refuse to sign and return the notice and acknowledgment form without good reason

Time to File Answer Under FRCP 4(d)

• If a defendant signs the notice and acknowledgment form under FRCP 4(d), they have 60 days from the date the form was mailed to file an answer

Informal Waivers of Service Under Federal Rules

• Informal waivers of service under the Federal Rules require agreement between attorneys and do not provide extra days

Time to Answer (Not Initial Pleading)

• A party has 14 days after service or whenever the court determines to answer if their answer is not the initial pleading

False Regarding Extensions in Federal Court

• All federal courts do not follow a uniform rule on extensions; the time granted for an extension varies by judge and court

Defendant Response Options in Federal Court

• Object on relevance grounds is not one of the options a defendant has when responding to allegations in an answer in federal court

Consequences of Admitting Allegation

• If a defendant admits an allegation in their answer in federal court, they are bound to it at trial unless they successfully withdraw it, which is difficult

Overly Aggressive Denial Risk

• A defendant may be impeached during deposition for an overly aggressive denial in federal court

Difference Between CA and Federal

• California law requires responding only to material factual claims essential to the cause of action

Type of Denial (CA Law)

• Under California law, a general denial allows a defendant to deny the entire complaint

Defendant Use of General Denial

• A defendant can use a general denial only when responding to an unverified complaint

Key Difference Between Verified and Unverified Complaint

• A verified complaint requires a specific denial, whereas an unverified complaint allows a general denial

Main Consequence

• The defendant can file a general denial when filing an unverified complaint in California

Affirmative Defenses Outlined

• Under the Federal Rules of Civil Procedure (FRCP), affirmative defenses are outlined in FRCP 8(c)

Failure to Raise Defense

• If a defendant fails to raise an affirmative defense in their answer, they may waive the defense unless the court allows an amendment

Affirmative Defenses Statements

• If an affirmative defense is not included in the answer, it may be waived

Jury Instructions for Affirmative Defenses

• BAJI or CACI is commonly used to determine affirmative defenses in California state court

Affirmative Defenses Listed

• Approximately 28 affirmative defenses are typically listed in an answer

FRCP 8(a) Pleading Requirements

• A pleading that states a claim for relief under FRCP 8(a) must contain all of the following, except a detailed factual narrative establishing the claim

FRCP 8(a) Demand for Relief

• Under FRCP 8(a), the demand for relief in a pleading may include alternative or different types of relief

Response to Pleading Under FRCP 8(b)

• When responding to a pleading under FRCP 8(b), a party must state defenses in short and plain terms and admit or deny allegations

Valid Denial Under FRCP 8(b)

• A valid denial under FRCP 8(b) must fairly respond to the substance of the allegation

General Denial Under FRCP 8(b)

• A party intends in good faith to deny all allegations, including jurisdictional grounds to use General Denial Under FRCP 8(b)

Denying Part of Allegation

• If a party wishes to deny only part of an allegation under FRCP 8(b), they must admit the part that is true and deny the rest

Lack of Knowledge Under FRCP 8(b)

• A party who lacks knowledge or information sufficient to form a belief about the truth of an allegation under FRCP 8(b) must state that they lack knowledge or information, which has the effect of a denial

Failure to Deny Allegation

• If a responsive pleading is required, and there is a failure to deny an allegation a allegation is considered admitted

Statement Regarding Failure to Deny

• Allegations not denied are considered admitted unless a responsive pleading is not required regarding the effect of failing to deny an allegation under FRCP 8

NOT an Example of Affirmative Defense

• Objection to Venue is NOT an example of an affirmative defense

Purpose of Affirmative Defenses

• To raise new facts that, if proven, would defeat the plaintiff's claim even if the allegations are true is the best describing the purpose of affirmative defenses in an answer

Mistakenly Labeling Defense

• If justice requires, the court must treat the pleading as though it were correctly designated when a party mistakenly labels an affirmative defense

Affirmative Defenses

• The affirmative defenses involving a situation where a plaintiff waited too long to bring a claim, and the delay prejudiced the defendant is, Laches

Affirmative Defenses to Contractual Obligation

• If a defendant claims they have already satisfied a contractual obligation, the following affirmative defenses would apply: Payment

FRCP 8(d) Pleading a Claim

• A party may plead multiple claims or defenses, even if they are inconsistent, under FRCP 8(d) which of the following is TRUE about pleading a claim or defense

FRCP 8(d) Clarity of Pleading

• Allegations must be simple, concise, and direct according to FRCP 8(d) regarding the clarity of pleadings

FRCP 8(d)(2) Consideration

• If at least one alternative statement is sufficient under FRCP 8(d)(2), a party may set out multiple statements of a claim or defense in the alternative and when is the pleading considered sufficient

Significance of FRCP 8(e)

• Pleadings must be construed to do justice

CCP 431.30 "Complaint" Includes

• The term “complaint” under CCP 431.30 includes, a cross-complaint

CCP 431.30 Answer Contains

• Under CCP 431.30, an answer to a complaint must contain a general or specific denial of material allegations and a statement of any new defenses

CCP 431.30(c) Prohibited

• Claiming Affirmative Relief is what is prohibited in an answer

CCP 431.30 General Denial Sufficient

• A general denial is sufficient under CCP 431.30 when the complaint is unverified or subject to Article 2 of Chapter 5.1 of Title 1 of Part 1

CCP 431.30 Verified Complaint Denial

• If a complaint is verified under CCP 431.30, the denial must be made positively or according to the information and belief of the defendant

Defendant Information Belief

• A defendant who lacks sufficient information or belief to answer an allegation must state in their answer that they lack sufficient information and place their denial on that ground

CCP 431.30 How May Denials be Structured

• Denials of allegations under CCP 431.30, may be structured by referencing specific paragraphs or parts of the complaint

CCP 431.30 How Defenses are Stated

• Under CCP 431.30, defenses must be stated in an answer separately and tied to the specific causes of action they address

When to File Demurrer

• A demurrer or a 12(b)(6) motion to dismiss must be filed as the first responsive pleading

Time Limit to File

• The time limit to file a demurrer or a 12(b)(6) motion to dismiss is 21 days for federal / 30 calendar days for state

Primary Purpose

• The primary purpose of a demurrer or a 12(b)(6) motion is to test the legal sufficiency of the complaint

True Statement About Demurrers

• Every fact in the complaint is admitted as true, with limited exceptions is a true statement about demurrers and 12(b)(6) motions

Exceptions that all Facts must be Admitted as True

• Complaints that lack a supporting affidavit are not an exception to the rule that all facts in the complaint are admitted as true

Four Corners Rule

• The court must limit its review to the complaint and applicable law when in relation to demurrers and 12(b)(6) motions

Recognized Exception

• The court may consider exhibits attached to the complaint and judicially noticeable facts, is a recognized exception to the ‘four corners rule’

Central Document Exception

• It allows courts to consider contracts referenced in the complaint but not attached, and it applies only in federal court

Evidence Federal Court

• The court must convert it into a motion for summary judgment with improperly includes evidence beyond the complaint is in federal court

Focus Demurrer

• Whether the complaint states a claim for which relief can be granted is the focus of a demurrer or 12(b)(6) motion

Option that Plaintiff Receives after Demurrer

• Amend the complaint before opposing the motion (once without permission) is one option for a plaintiff who receives a demurrer or 12(b)(6) motion

Amendment Rights Differences

• Federal court allows amendment within 21 days, State court allows anytime before the opposition to the demurrer is heard are the differences in amendment rights between federal and state court

Defendant Wins

• The plaintiff may amend the complaint, file a writ, or refuse to amend and expedite an appeal occurs if a defendant wins a demurrer or 12(b)(6) motion with prejudice but with leave to amend

Demurrer Denied

• If a demurrer or 12(b)(6) motion is denied, the next usual step for the defendant is file an answer to the complaint

Potential Downside

• It educates the plaintiff on the weaknesses of their complaint and how to fix them is one potential downside of filing a demurrer or 12(b)(6) motion

SKF Farms

• The pleadings alone, without considering extrinsic matters

Demurrer is Proper

• Apparent on the face of the pleading or judicially noticeable is only if the defect in the complaint under SKF Farms and a demurrer is proper

Issue Considered

• The only issue considered at a demurrer hearing, according to SKF Farms is whether the complaint states a cause of action

Purposes of Demurrer

• Well-pleaded facts and reasonable implications must be deemed true is true for purposes of a demurrer

Appellate Court Review

• Independently (de novo) to determine if the complaint states a cause of action according to Indemnity, is how an appellate court review a ruling on a demurrer

Court Ruling a Demurrer

• Assessing whether the complaint includes all elements of a legal claim, under Indemnity a court ruling on a demurrer is limited to

False Regarding Judicial Notice

• A court may take judicial notice of a contract's validity regardless of the plaintiff's claims is false regarding a court's ability to take judicial notice in a demurrer hearing

Indemnity

• When the enforceability of the contract is not in dispute, according to Indemnity when can a court take judicial notice of a contract at the demurrer stage

Sustained According to Indemnity

• The demurrer must dispose of an entire cause of action

Motion to Strike

• CCP 435 governs a Motion to Strike in California state court

Motion to Strike Comparisons

• A Motion to Strike tests only the four corners of the complaint and assumes all facts as true, similar to a demurrer, how does a Motion to Strike compare to a demurrer in California state court

Motion to Strike Filed

• Either pre-answer or post-answer is when a Motion to Strike be filed in California state court

Motion to Strike State Court

• The primary use of a Motion to Strike in state court is to strike improper portions of the complaint, such as sub-causes of action

Procedural Issues

• The plaintiff filed an amended complaint without leave of court when required, is a procedural issue that can justify a Motion to Strike the entire complaint

Motion to Strike in Federal Court

• They are rarely used, as they are legally disfavored is how frequently are Motion to Strike filed in federal court

Motion to Strike Granted

• Completely immaterial and prejudicial is a Motion to Strike is only granted if the challenged material in federal court

Motion to Strike Disfavored

• Courts assume that unnecessary allegations do not usually cause prejudice is a significant reason why Motions to Strike are disfavored in federal court

Motion to Strike Granted

• If there is a procedural irregularity, such as improper formatting is when a Motion to Strike in federal court most likely to be granted

Motion to Strike in Federal Court

• A party must show they were prejudiced by the material in question to succeed for a Motion to Strike in federal court

"SLAPP" in Anti-SLAPP

• Strategic Lawsuit Against Public Participation

Purpose Anti-SLAPP

• The primary purpose of an Anti-SLAPP motion is to prevent lawsuits that chill the exercise of First Amendment rights

Amendment Protections

• Federal constitutional law and state statutes relates to under Anti-SLAPP law, the First Amendment protections are applied broadly through

Primary Issure

• Before Anti-SLAPP laws that led to their creation was, Rule 11 sanctions for frivolous lawsuits

425.16(b) Defendant

• The First Prong Anti-SLAPP test, a defendant must prove that the plaintiff's lawsuit is a SLAPP suit

Free Speech Act for SLAPP

• Any written or oral statement made in an official judicial or government proceeding is an act for Anti-SLAPP protection

Likely NOT Under SLAPP

• A defamatory statement made in private about a neighbor is most likely NOT be covered under Anti-SLAPP protection

Motion Under CCP 425.16

• must filed within 60 days or a longer time if the court allows is how soon must a defendant file an Anti-SLAPP motion under CCP 425.16

Lawsuit Under SLAPP

• Prove with evidence that their lawsuit has merit.If a defendant successfully proves that the plaintiff's lawsuit is a SLAPP suit under the first prong, what must the plaintiff do next

Defendant Motion

• An award of attorney's fees what procedural advantage does a defendant get if they win an Anti-SLAPP motion

Defendant Motion on SLAPP

• They can immediately appeal the decision, occurs when a defendant loses an Anti-SLAPP motion

Anti-SLAPP Motion impact

• It makes them harder to litigate due to the burden-shifting mechanism describes how an Anti-SLAPP motion impacts certain tort claims

What Lawsuit is SLAPP BACK

• A lawsuit filed by a defendant who wins an Anti-SLAPP motion and seeks damages

Typically Allege SLAPP BACK

• That they suffered emotional distress or damages due to the original SLAPP suit is what a plaintiff must typically allege in a SLAPP BACK lawsuit

File SLAPP Back

• They can file another Anti-SLAPP motion, is how a defendant respond to a SLAPP BACK lawsuit

Anti-SLAPP Motion

• Attorney's fees may be awarded but are not mandatory in SLAPP BACK cases is a key difference between a regular Anti-SLAPP motion and a SLAPP BACK Anti-SLAPP motion under CCP 425.18

SLAPP Back Appeal

• Appeals are not automatic in SLAPP BACK cases

Not Under Anti-SLAPP

• When the defendant's conduct was clearly illegal as a matter of law, indicates an action NOT protected by Anti-SLAPP under California law

Supreme Court Addressed Cases

• The Tapley Rule

Tapley Rule

• If the defendant's conduct was illegal as a matter of law and they admitted wrongdoing is, under Tapley Rule, when can an Anti-SLAPP motion be denied?

Key Issue Mayweather

• Whether a celebrity's public statements could be protected under SLAPP laws, was the key issue in the Mayweather case

Issue Malibu Case?

• The plaintiff failed to show probable success on the merits, was the key in the Malibu case

Considered as Speech

• When it does not involve an actual controversy when is an appeal not considered protected speech under Anti-SLAPP law