Podcast
Questions and Answers
What must the defendant do after he or she has been served with a summons and a complaint?
What must the defendant do after he or she has been served with a summons and a complaint?
File one or more defensive pleadings within a certain number of days.
What is one ground for using a demurrer?
What is one ground for using a demurrer?
The plaintiff has no legal capacity to sue.
Who usually attends the demurrer to be heard by the court?
Who usually attends the demurrer to be heard by the court?
The plaintiff.
Name four important defensive motions.
Name four important defensive motions.
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Who attends a motion session?
Who attends a motion session?
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What must the defendant do if the motion to dismiss is denied?
What must the defendant do if the motion to dismiss is denied?
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List three grounds for a motion to dismiss.
List three grounds for a motion to dismiss.
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What may the opposing party do if a pleading is so vague that the party cannot respond to it?
What may the opposing party do if a pleading is so vague that the party cannot respond to it?
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What may the opposing party do if a pleading contains an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter?
What may the opposing party do if a pleading contains an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter?
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On what ground might a plaintiff make a motion for judgment on the pleadings?
On what ground might a plaintiff make a motion for judgment on the pleadings?
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What must the defendant's answer state?
What must the defendant's answer state?
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What will be the result if the defendant fails to deny any allegation made in the plaintiff's complaint?
What will be the result if the defendant fails to deny any allegation made in the plaintiff's complaint?
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What will be the result if an affirmative defense is omitted from the defendant's answer?
What will be the result if an affirmative defense is omitted from the defendant's answer?
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List three affirmative defenses.
List three affirmative defenses.
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What may the defendant do if he or she wishes to bring a suit against the plaintiff?
What may the defendant do if he or she wishes to bring a suit against the plaintiff?
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How must the plaintiff respond to a defendant's counterclaim?
How must the plaintiff respond to a defendant's counterclaim?
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Who are the parties to a cross-claim?
Who are the parties to a cross-claim?
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After an action has begun, what is necessary for the defendant to do within 30 days from the date of service of the summons in California?
After an action has begun, what is necessary for the defendant to do within 30 days from the date of service of the summons in California?
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If the court sustains a demurrer, what does the defendant receive?
If the court sustains a demurrer, what does the defendant receive?
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A motion to dismiss may be allowed for failure to state a claim for which relief can be granted?
A motion to dismiss may be allowed for failure to state a claim for which relief can be granted?
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A motion to dismiss may be allowed for dismissal without prejudice of a party?
A motion to dismiss may be allowed for dismissal without prejudice of a party?
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A motion for judgment on the pleadings may be made by whom?
A motion for judgment on the pleadings may be made by whom?
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The plaintiff might make a motion for judgment on the pleadings on the ground that the defendant's answer does not set forth a legally sufficient defense?
The plaintiff might make a motion for judgment on the pleadings on the ground that the defendant's answer does not set forth a legally sufficient defense?
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Unless the case is dismissed by the allowance of a motion to dismiss, what must the defendant file within a prescribed number of days after service of process?
Unless the case is dismissed by the allowance of a motion to dismiss, what must the defendant file within a prescribed number of days after service of process?
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If the defendant fails to deny an allegation made in the plaintiff's complaint, what happens to that allegation?
If the defendant fails to deny an allegation made in the plaintiff's complaint, what happens to that allegation?
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When an affirmative defense is used, what does the defendant accept?
When an affirmative defense is used, what does the defendant accept?
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What is a cross-claim?
What is a cross-claim?
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Study Notes
Defendant Actions Post-Service
- The defendant must file defensive pleadings within 30 days of being served.
- Failure to respond results in loss of the case.
Grounds for Demurrer
- A demurrer can be filed if the plaintiff lacks legal capacity to sue.
Demurrer Hearings
- Typically, the plaintiff is present when the demurrer is heard in court.
Defensive Motions
- Important defensive motions include:
- Motion to dismiss
- Motion to strike
- Motion for summary judgment
- Motion for a more definite statement
Motion Session Attendance
- Motion sessions involve the judge and attorneys, where requests are made by attorneys.
Response to Motion to Dismiss
- If the motion to dismiss is denied, the defendant must file an answer within a specified timeframe.
Grounds for Motion to Dismiss
- Common reasons for filing a motion to dismiss include:
- Improper venue
- Misnomer of a party
- Failure to join a necessary party
Vague Pleadings
- A party may file for a more definite statement if the pleading is too vague to respond.
Insufficient Defense in Pleadings
- A motion to strike can be made if a pleading contains insufficient defenses or irrelevant material.
Judgment on Pleadings
- A plaintiff may motion for judgment on the pleadings if the defendant's answer lacks a legally sufficient defense.
Content of Defendant's Answer
- The defendant's answer must clearly state defenses, which can be admitted or denied.
Failure to Deny Allegations
- Not denying allegations in the plaintiff's complaint leads to a default judgment against the defendant.
Omission of Affirmative Defense
- If an affirmative defense is omitted from the answer, it cannot be used later.
Affirmative Defenses
- Examples of affirmative defenses include:
- Duress
- Fraud
- Illegality
Counterclaims by Defendant
- A defendant can file a counterclaim against the plaintiff if it arises from the same transaction or occurrence.
Response to Counterclaim
- The plaintiff must respond to a defendant's counterclaim with a reply.
Cross-Claims
- Cross-claims are made by one defendant against another within the same suit and must arise from the same transaction or occurrence.
Timeline for Defensive Pleadings
- In California, the defendant has 30 days post-service to file defensive pleadings.
Court Action on Demurrer
- If the court sustains a demurrer, the defendant is allotted time to file an answer.
Motion to Dismiss Validity
- A motion to dismiss can be granted for failure to state a claim for which relief can be granted.
Dismissal Without Prejudice
- A motion to dismiss can also be allowed for dismissal without prejudice of a party.
Judgment on the Pleadings
- Either party may request a motion for judgment on the pleadings based on the other party's insufficient defense.
Written Answer Requirement
- The defendant must file a written answer unless the case is dismissed through a motion to dismiss.
Automatic Admission of Allegations
- Allegations not denied by the defendant are automatically admitted as true.
Nature of Affirmative Defense
- In using an affirmative defense, the defendant acknowledges the plaintiff's allegations while offering a legal reason for relief.
Definition of Cross-Claim
- A cross-claim refers to the claim made by a defendant against a plaintiff.
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Description
Test your knowledge on legal procedures surrounding defenses and demurrers. This quiz covers essential aspects such as the defendant's obligations after receiving a summons and grounds for using a demurrer. Challenge yourself to understand these fundamental legal concepts!
