 |
California Law (Last Updated: March 4, 2014) |
 |
Code of Civil Procedure - CCP |
|
Part 2. OF CIVIL ACTIONS |
|
Title 6. OF THE PLEADINGS IN CIVIL ACTIONS |
|
Chapter 3. Objections to Pleadings; Denials and Defenses |
|
ARTICLE 2. Denials and Defenses |
Section 431.30.
-
(a) As used in this section:
(1) "Complaint" includes a cross-complaint.
(2) "Defendant" includes a person filing an answer to a cross-complaint.
(b) The answer to a complaint shall contain:
(1) The general or specific denial of the material allegations of the complaint controverted by the defendant.
(2) A statement of any new matter constituting a defense.
(c) Affirmative relief may not be claimed in the answer.
(d) If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a general denial is sufficient but only puts in issue the material allegations of the complaint. If the complaint is verified, unless the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1, the denial of the allegations shall be made positively or according to the information and belief of the defendant. However, if the cause of action is a claim assigned to a third party for collection and the complaint is verified, the denial of the allegations shall be made positively or according to the information and belief of the defendant, even if the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1.
(e) If the defendant has no information or belief upon the subject sufficient to enable him or her to answer an allegation of the complaint, he or she may so state in his or her answer and place his or her denial on that ground.
(f) The denials of the allegations controverted may be stated by reference to specific paragraphs or parts of the complaint; or by express admission of certain allegations of the complaint with a general denial of all of the allegations not so admitted; or by denial of certain allegations upon information and belief, or for lack of sufficient information or belief, with a general denial of all allegations not so denied or expressly admitted.
(g) The defenses shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished.