The Pld050 PLD-050 GENERAL DENIAL form is 1 page long and contains: Fill is the easiest way to complete and sign PDF forms online. Lucky for me I found Talkov Law one late night searching on google. 317694830.2 VERIFIED ANSWER OF REAL PARTY IN INTEREST CALIFORNIA INDEPENDENT PETROLEUM ASSOCIATION TO COMMITTEE FOR A BETTER 467936) Trial Attorney, Federal Programs Branch U.S. Department of Justice, Civil Division 20 Massachusetts Ave., N.W., Room 6140 Washington, D.C. 20001 Tel: (202) 514-5751 It is otherwise granted with 30 days ..the pleadings, the trial court assesses the properly pleaded facts and those subject to judicial notice to determine whether the pertinent pleading states a claim or defense. Nick Moss of the Talkov Law Team Legal issues can be stressful and it really helps to find a knowledgeable, confident and kind person to help me through this time. Click the verification link in your email to start sending, signing and downloading documents. Demurrer is SUSTAINED with 30 days leave to amend as to the 4th - 8th, 10th - 14th, 20th - 23rd, 29th - 31st and 34th - 39th affirmative defenses. You may deny a claim if the debt is not yours, you cleared the debt, or the debt has expired. 9 Attorneys Scott Talkov and Chris Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a great result in my case. Can Private Disability Payments Be Garnished? Please do not submit confidential information. Very happy with my experience with Talkov Law. 2 endobj C. Defendant has no information or belief that the allegations of paragraph 3 are true so defendant denies them. Page 1 of 1 Form Adopted for Mandatory Use Judicial Council of California PLD-050 [Rev. How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. WebFor example, if you were sued for breach of contract because you canceled a home improvement contract, but you canceled the contract because the contractor was doing However, defendants should only plead viable defenses when the evidence supports it, and seek leave to amend if need be which is to be routinely granted. Responding Party: Defendant Heavenleaf, Inc. If you filed an answer or general denial to the complaint, there are a number of steps before the trial. If a car is repossessed, do I still owe the debt? I highly recommend him and Talkov Law to anyone involved in Partition action.K .L. All the facts that are material to the cause of actioni.e., the facts that make a difference to the outcome of the casemust be alleged. RULING: For example, one of the elements of a negligence claim is "causation" -- the crucial link between the defendant's action and the injuries to the plaintiff, showing that the defendant caused the plaintiff's injuries. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. You do not need a summons if the only persons you are suing are the ones who are suing you. From the moment I spoke on the telephone with Mr. Nick Moss, I had a good feeling about him. Attorneys Scott Talkov and Nick Moss came up with creative solutions to bring an end to the disputes on multiple properties. Need more info on statutes of limitations? The only way to raise this defense is by filing a formal response. This may be true in cases where a loan was transferred from one bank to another, then to a collection agency, and the paperwork has been lost. Nick Moss of the Talkov Law Team was that great person for me and brought about a prompt ending to my contentious property ownership dispute. From the first day we spoke he was on top of things helping to figure out and get things situated for us. To speak with one of the dedicated real estate and business attorneys at Talkov Law, call (844) 4-TALKOV (825568) or contact us online. He is so knowledgeable and professional. What is the Deadline for a Defendants Answer to Avoid a Default Judgment? WebSanta Ana, California 92705-4052 Telephone: (714) 918-7000 Facsimile: (714) 918-6996 Attorneys for WESTERN NATIONAL CONSTRUCTION SUPERIOR COURT OF THE This allows a plaintiff to file a motion to strike for the purpose of eliminating the kitchen sink defenses. We met Nick on the phone and Nick explained the process step by step until we all understood the process. Denials And Defenses CA Codes (ccp:431.10-431.70) (00), the defendant at his option, in lieu of demurrer or other answer, may file a general written denial and a brief statement of any new matter constituting a defense. He responded to my call very quick. Accordingly, under Code of Civil Procedure Section 436: The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. I had no money to put down a retainer. Get a free directory profile listing. Affirmative Defenses Scott Talkov is a partition lawyer and civil litigation attorney in California. Other parties need to complete fields in the document. (Code Civ. I'm thankful for all his help and adjusting to my requests as needed. (CCP 431.30(b)(1)). 2008) Pleading, 1082, p. Am I Responsible for My Spouses Medical Debt? Nick demonstrated exemplary professionalism and expertise. 4th 742, 751. Answering the Complaint can be scary, but the process is simple if you follow these guidelines. I highly recommend! Ultimate Guide to Partitions in California, Code of Civil Procedure Section 431.30(g), Partition Actions in California: The Ultimate Guide. By saying you disagree with what the other side says, you help make sure that the court Do student loans go away after 7 years? Pld 050: Fill out & sign online | DocHub Collen Sparks was a professional attorney that knew her job very well. Use this. Get more details on common defenses in personal injury cases. The debt was canceled and, therefore, you don't owe the creditor. App. He fought to make all ends meet. Nick is a very good attorney. Case Management Conference He is very easy to contact. DEFENDANT (name): generally denies each and every allegation of plaintiff's complaint. ), The mere fact that an answer contains an affirmative allegation does not mean per se that it is setting up new matter. DEMURRER TO This article will simplify the process by telling you exactly how to respond to a debt collection lawsuit in California. It was a please working with Attorney Nick Moss.I unfortunately had a family related partition action case that started off as a nightmare. Our customizable documents help you solve your debt issues without a lawyer. If you cannot afford the filing fees, you can ask the court for a fee waiver. Being Sued - money_selfhelp - California A demurrer based on an affirmative defense cannot be properly sustained where the action might be barred by the affirmative defense, but is not necessarily barred. (PLD-050) Tells the court and other side that you challenge the Complaint in a civil case, and demand that each allegation be proven. ' Steinhart v. Cresswell (Cal. I would definitely recommend them. Ms.Ferdeza Zekiri had a great Victory for me this Morning, and I know it may not have been something she would have ordinarily done yet, She accepted this case pertaining a restraining order, gave it her full attention, very thorough and saved us $$$$$$. If the plaintiff is self-represented, it gets served on the plaintiff. In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. He founded Talkov Law Corp. after more than one decade of experience with one of the region's oldest law firms, where he served as one of the firm's partners. Dealing with the good, the bad, and the ugly simply great. Therefore, signNow offers a separate application for (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384; 5 Witkin, Cal. Here's a list of guides for other states. The responding process remains the same. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). If you take the case to court and win the lawsuit, you may be asked to pay the waived court fees after receiving compensation. This document has been signed by all parties. Web(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. In some states, the information on this website may be considered a lawyer referral service. I had some property line issues a couple months back and Scott gave me the advice I needed to move forward. The address for both should be in the Summons and Complaint you received in the mail. Similarly, a plaintiff seeking compensation for lost wages probably can't sit back and reject a legitimate job offer if their injuries are no hindrance to performing the work that's available. First, read the Complaint and decide how you want to respond to each numbered paragraph. verified complaint Discovery may involve a series of questions you have to answer, documents you must produce, or admissions you will be asked to make agreeing that you owe the money. The steps to follow as you fill the form are: If the courts grant your request to waive filing fees, your papers will be accepted, and the court process will continue. Read our 50-state guide. Should I File Bankruptcy Before or After a Judgment? (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550; Hata v. Los Angeles County Harbor/UCLA Medical Center (1995) 31 Cal.App.4th 1791, 1805.) Code Civ. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Nick Moss and the Talkov Law team did a fantastic job helping me bring an end to my co-ownership dispute. Scott seemed to understand my case and needs, assigning my case to Nick Moss. (To see an example, check out the Answer - Personal Injury, Property Damage, Wrongful Death form, from the California Courts.) His professionalism and values have been key in making me feel comfortable. The Court notes that Defendant Heaven Leaf Inc. has not filed an answer to plain ..n (Narek) who had for a number of years pursued a business in which he could invent and sell shisha made from tea leaves, free of tobacco, nicotine, tar, chemicals, dyes and other artificial ingredients, sought the assistance and advice of plaintiff and ultimately offered plaintiff a 45% ownership interest in the company, to which plaintiff agreed. With an answer or a general denial, it is very important that you write down any. A. The information presented here is general in nature and is not intended, nor should be construed, as In some cases, a person may not have the money to pay the filing fee because they earn a low income. (Id.). The services they provided was exactly what we needed. General Denial Form. 7(I)-B ,7:179. I love the job that Nick had done for me and my family. Then again this is my first time. Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. Nick has been delightful to work with putting me at ease with a very tense family situation. Answer Based on this statute, a demurer or motion to strike can also attack allegations in an answer that cannot reasonably be read as [a] statement ofnew matter constituting a defense. Such an attack can be aimed, for example, at tort defenses raised in an answer to a breach of contract case, or vice versa. Your overall income before taxes is less than the amount listed in the waiver form FW-001 section 5b. Very happy with my experience with Talkov Law. Proc. You already receive all suggested Justia Opinion Summary Newsletters. Dec. 20, 2017) No. Nick was easy to get ahold of and made this process a smooth one. I have been observing the legal process once I interact with him through out comminutions . Thank you, Nick. Ferdeza Zekiri handed the case at a detailed level, and was singled out by our mediator for the quality and argumentation in our brief--and rightly so. Equitable defenses are new matter requiring ultimate facts pled. Best regards. Specifically, this Note explains how to respond to the complaint's allegations, assert defenses, compute and extend the time to answer, and serve and file the answer. Were making guides on how to beat each one. Attorney Nick Moss at Talkov Law handles my partition action case most proficiently.He has given me valuable advice throughout the course of the case. Sc135 SC-135 Notice of Motion to Vacate Judgment and Declaration, Fl157 FL-157 SPOUSAL OR PARTNER SUPPORT DECLARATION ATTACHMENT, Fl344 FL-344 Property Order Attachment To Findings And Order After Hearing (Family Law), Fl341c FL-341(C) Children's Hioliday Schedule Attachment, Fl341 FL-341 Child Custody and Visitation (Parenting Time) Order Attachment, Fl260 FL-260 PETITION FOR CUSTODY AND ?SUPPORT OF MINOR CHILDREN, Fl191 FL-191 Child Support Case Registry Form, Fl174 FL-174 FAMILY CENTERED CASE RESOLUTION ORDER, Fl172 FL-172 CASE INFORMATIONFAMILY LAW, Civ100 CIV-100 Request for Entry of Default (Application to Enter Default), Name Reservation Request Form (California), De1101i Unemployment Insurance Application (DE_1101I), De1326e Request for Identity Information (DE 1326E), Gappnew Application for Security Guard Registration, Cm020 CM-020 Ex Parte Application for Extension of Time to Serve Pleading and Orders, Renapp Sec SECURITY GUARD REGISTRATION RENEWAL APPLICATION. I highly recommend hiring Talkov Law Corp. It is settled law in California that a defendant may plead as many inconsistent defenses in an answer as her or she may desire and that such defenses may not be considered as admissions against interest in the action in which the answer was filed. 430.40(b)). The rule of great liberality is particularly important where an amendment is sought to an answer. What are the biggest debt collector companies in the US? Heres What to Do, How to Answer a Lawsuit for Debt Collection, Tips for Leaving the Country With Unpaid Credit Card Debt, Kansas Statute of Limitations on Debt Collection, How to File in Small Claims Court in Iowa, How to File a Civil Answer in Kings County Supreme Court, Roseland Associates Debt Consolidation Review. Webinterrogatories. It means his process is very transparency and let me know the status of my case instantly. Use SoloSuit's free Answer form to respond to a debt collection lawsuit in California. Sebago, Inc. v. City of Alameda (1989) 211 Cal. This is a California form and can be use in Pleading General Judicial Council. For larger documents this process may take up to one minute to complete. If the complaint is verified, defendant must verify the answer. Click for help finding a lawyer. WebThat's a general denial . To get the most out of Fill, please switch to a free modern browser such as Google Chome or Safari. Answer These are examples of affirmative defenses acceptable in court. Most Complaints are not verified. (The "complaint" is the document that starts the case; learn more about how to file a personal injury lawsuit). Your alert tracking was successfully added. Answer Superior Court of California San Diego Timing Thirty (30) Days A responsive pleading to a complaint or cross-complaint must be filed and served within thirty (30) days of service of the complaint or cross-complaint. We're improving our online self help for dealing with a debt case. If the court approves your fee waiver request, you will not have to pay the fees. SoloSuit solves this challenge by giving you several options that will help you fill the correct form. If you continue to use your current browser then Fill may not function as expected. SoloSuit's Answer is free and easy to fill out, and no instructions are needed. Being Sued - money_selfhelp - California If you do not answer the discovery requests on time, the court can order you to pay money to the plaintiff as a sanction (penalty). Filing an Answer can be the most difficult part of responding to a Summons for debt collection. BUT before you count on these extra 10 days, make sure the plaintiffs proof of service says you were substitute served and not personally served. Nick Moss, worked very hard on our case. WebGENERAL DENIAL Form Adopted for Mandatory Use GENERAL DENIAL Code of Civil Procedure, 431.30, 431.40 Judicial Council of California PLD-050 [Rev. These include: When the complaint seeks $1,000 in damages or less. Submission of this form does not create an attorney client relationship. The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. ANSWER This is a really good time to talk to a lawyer for advice on whether to respond and, if so, how to best handle your case. My attorney, Nick Moss has impressed me with his friendly demeanor, experience level and thoroughness while working with me on my case. I had some property line issues a couple months back and Scott gave me the advice I needed to move forward. (Hulsey v. Koehler (1990) 218 Cal.App.3d 1150, 1159; Hyman v. Tarplee (1944) 64 Cal.App.2d 805, 813-814). WebWhat is a general denial in California? the raising of certain defenses to the plaintiff's complaint, on its face. The sample ans, 88% found this document useful, Mark this document as useful, 13% found this document not useful, Mark this document as not useful, Save Sample Answer to Unverified Complaint for Californ For Later, ^uphrkjr Njurt j` toh ^tcth j` Ncdk`jrgkc, \j suasnrkah tj ey @QHH whhbdy dhicd ghwsdhtthr vkskt, \j vkhw scepdh ljnuehgt pcnbcihs sjdl ay !hicd"jns#rj, Lh`hglcgt, ZZZZZZZZZZZZZZZZZZZZZ `jr toheshdvhs cgl gj jtohr Lh`hglcgt, lhgkhs cgl, toh cddhictkjgs j` ]dckgtk``, ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ cgl hcno cgl hvhr$ ncush j` cntkjg, kgi Lh`hglcgt `urtohr lhgkhs toct ]dckgtk`` wcs, tj, jr cg$ jtohr njglunt jg toh pcrt j` toks &gswhrkgi Lh`hglcgt, jr cg$ j` oks cihgts cgl'jr, )*+-+, &^ ^]&+& &))/+&/ L)1^^ tj hcno cgl hvhr$ ncush j` cntkjg, j` toh njepdckgt, toks &gswhrkgi Lh`hglcgt ks kg`jrehl cgl #hdkhvhs, cgl jg suno, ]dckgtk``s njepdckgt cgl hcno ncush j` cntkjg njgtckghl. Effective strategies for how to get back on track after a debt lawsuit, New Hampshire Statute of Limitations on Debt, Sample Cease and Desist Letter Against Debt Collectors, The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah, West Virginia Statute of Limitations on Debt, What debt collectors cannot do FDCPA explained, Defending Yourself in Court Against Debt Collector, Youre Drowning in Debt Heres How to Swim, How to Answer Summons for Debt Collection in Vermont, North Dakota Statute of Limitations on Debt, Summoned to Court for Medical Bills? Webattach it to the last page of the answer. Update it below and resend. Proc. It merely forces the plaintiff to present evidence to prove the plaintiff's case. In his Answer, Defendant will explain that Plaintiffs lawsuit should be dismissed because the statute of limitations has expired. By contrast, allegations of unnecessary detail and generalized argument may be objectionable as evidentiary pleading and legal conclusion, respectively. Hon. Demurrer to Boilerplate Affirmative Defenses, Motion to Strike Boilerplate Affirmative Defenses, Ultimate Facts Must be Alleged for Affirmative Defenses in an Answer, Purported Defense Must Constitute a Defense to the Cause of Action, Defenses Must Refer to the Cause of Action to Which They Are Intended, Quiet Title Complaint [California Example Form Sample, Partition Action Complaint California [Form Template Sample, Cash for Keys Offer & Agreement [Letter Form Template, Affirmative Defenses to a Partition Action in California, Code of Civil Procedure 873.690 Ineligible Purchaser, Code of Civil Procedure 873.930 CCP Agreement; Appli, Code of Civil Procedure 873.940 CCP Referees; Appoin, Code of Civil Procedure 873.950 CCP Motion to Confir, Interlocutory Judgment of Partition by Sale The Two , Code of Civil Procedure 873.290 CCP Confirmation, Mo. Web2007 California Code of Civil Procedure Article 2. Finally , I'm very happy working with Mr. Nick , however, my case have not go to an end yet . Co. (1939) 35 Cal. California courts charge a mandatory filing fee to file your papers with the courts. Ira A. Her assistant, Colleen Talkov provided very professional representation in connection with a potentially difficult case, and as a result of her skill and persistence we obtained an outstanding result. Learn more about comparative negligence and contributory negligence as defenses to a personal injury lawsuit. 430.20; Timberidge Enterprises, Inc. v. City of Santa Rosa (1978) 86 Cal.App.3d 873, 880). Not the right email? The team at Talkov Law has been very informative and helpful. Defendants Answer to the Complaint | United States Courts 2d 554. App. As The Rutter Guidealso explains that: A motion to strike can be used to attack legal conclusions in a pleading.Such allegations are conclusions of the pleader and irrelevant matter, subject to motion to strike. Hon. App. 2009-2023 Talkov Law Corp., a California professional corporation. in California I didnt retain the right firm at first, which caused this case to spiral and take the wrong turn. A Brief Description of Your Partition and Co-Ownership Dispute Issue: (required) = Excellent.5 - Free consultation is a plus = Excellent.6 - Cost is reasonable .In addition to major factors mention above , I would give to Attorney : Mr. Nick Moss a five star rating . Under Code of Civil Procedure 412.20(a)(3), Defendant could file a responsive pleading anytime up to thirty (30) days after service. Calendar: 3 WebA general denial tells the court that you disagree with what the other side says in their filings. Original proof of mailing 8. Scott has been named a Super Lawyers Rising Star for 9 consecutive years. There are two main ways to serve this, delivery or by mail. Specifically, Scott steered the case up front in ways that were effective, quickly laid out our options and were realistic and proactive in driving the case to conclusion. Advice on how to answer a summons for debt collection. See CCP 430.61; CRC 3.1320(a). Bring back to the Clerks Office for filing: a. The team at Talkov Law has been very informative and helpful. WebRead the summons and make sure you know the date you must answer by. This means that if the affirmative defenses in the answer do not refer to the causes of action to which they are intended, they may be subject to demurrer or motion to strike on this basis, as well. Case Name: Markosyan v. Papukyan, et al. You have 30 days AFTER the date you are served to file a response with the court. If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. WebCalifornia Courts Self-Help Center forms page ; (CCP) 431.30(b) says what you should put in your Answer. Thank Ferdeza for being patient with me and David! In such a case, a lost wages damage award might be reduced under a formula that subtracts from the plaintiff's compensation any income that would have been earned from the job that the plaintiff unreasonably passed up. general denial to an unlimited civil I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to real estate, probate and a bit of family law. Is your credit card company suing you? In all cases of a verification of a pleading, the affidavit of For full print and download access, please subscribe at https://www.trellis.law/. (To see an example, check out the Answer - Personal Injury, Property Damage, Wrongful Death form, from the California Courts.). Scott and his firm came up with solutions that were smart, tactful and cognizant of the facts related to the issue at hand. So her it is.Nick Moss has exhibited great attention to detail and has been extremely responsive throughout his representation of me. I outreached to a few attorneys and none of them got back to me but Scott took the time to reach me and help me out right away. He always kept me up to date on what was needed to keep the process as smooth as possible. I am so glad that Scott was referred to me by another attorney and that this headache is finally behind me. (Harris v. City of Santa Monica (2013) 56 Cal. California General Denial - US Legal Forms Here are some of the most common affirmative defenses in debt collection cases: SoloSuit makes it easy to make the right defense, the right way. The overall team was great. (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384; 5 Witkin, Cal. Defendant admits the allegations of paragraph 2. You will have to pay a filing fee to file your papers. 3.110(f)). I would not hesitate a second to use their professional sevices again or to refer anybody I know. (Code Civ. CCP 412.20(a)(3). It is actually common for a defendant to file a General Denial (or Answer which generally denies all allegations). A typical use of 15.1 follows: You MAY use this form for a general denial if: 2. x$NdciA[,"QwH2 _gor6oW^==f\W%^G>7;{q|!qB3G[:>:}LGd"a9Aw -J_~?:>=jH1fA" 7}msk}&|9AazsT0-X*R %J 6xjp5RNQN@ffSbS9Y?Y0ePK,Y 0iYgSp>&![+$Q#)m$"NEi }X * G68DdE*n~^ns.5I2q1X'ky|tAG*L$ jl(u*a,!qc\?&s /9Ynl8x4('O>`Axb,77O:dG1,Ss$XFQJ! Usually, when answering an unverified complaint in California Superior Court, counsel for the defendant will file a general denial, along with a laundry list of boilerplate affirmative defenses that might apply to the plaintiffs claims. (Cross Talk Productions, Inc. v. Jacobsen (1998) 65 Cal.App.4th 631, 635). SECRET RECIPES, INC. v FELIZ LOPEZ Answer each claim listed in the complaint, File the Answer with the court and serve the plaintiff, Deny due to lack of knowledgelike saying, I don't know.. Plaintiff Neill Perazas demurrer to the affirmative defenses set forth in the answer of Defendant Celeste Castro Velazquez is sustained in part and overruled in part. "Finding yourself on the wrong side of the law unexpectedly is kinda scary. (See Code of Civil Procedure sections 426.10426.40. Even if you cannot afford a lawyer to handle your whole case, you may be able to get a consultation for limited guidance on what your best strategy is. We could not recommend the firm highly enough. Only a few cases references such motions to strike or demurrers attacking boilerplate affirmative defenses. Here are three steps to responding to a Summons and Complaint: Now, let's break down each step in detail. 6 The bankruptcy team at Talkov Law is first class. Read the entire document and ensure you understand the requirements. (South Shore Land Co. v. Petersen (1964) 226 Cal. (2) A statement of any new matter constituting a defense. If you filed a motion as your response, then follow the direction of the judge when he or she makes a decision on your motion. He is also very responsive which I feel is really important. He always stay on top of handle of responses to my phone calls ; emails and messages. Barash v. Epstein (1957) 147 Cal. Distinguishing boilerplate affirmative defenses from those that are proper often depends upon whether there are any facts relevant to the case that have been alleged as supporting that supposed defense. These are examples of affirmative defenses acceptable in court. This document is locked as it has been sent for signing. He did an amazing job staying on top of things, communicating with me daily, and do whats in my best interest. Demurrer to Answer And the law requires they answer it fully and completely. 7. Proc. His knowledge and Confidence got us thru our case in less than 6 months. Proc. Pre-trial | General Denial for California State Superior Court You may use the applicable Judicial Council form (such as form POS-020, POS-030, or POS-040) for the proof of service. A plaintiff may recover judgment on a motion for judgment on the pleadings only if his complaint states facts sufficient to constitute a cause of action and the answer neither raises a material issue nor states a defense. (Mclain v. City of South Pasadena (1957) 155 Cal. Brown, Jr., California Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) Ch. In these cases, filing a response may result in you owing more money than the original debt. They are absolutely top notch! On average this form takes 4 minutes to complete. Under these doctrines, if the plaintiff is indeed found at fault, the plaintiff's damages can be reduced, or the lawsuit may be barred altogether. Accessing Verdicts requires a change to your plan. If you are not able to get copies of the documents that support the plaintiffs claim that you owe money, and you believe the plaintiff has no proof, filing a response will allow you to ask the court to get the plaintiff to show the proof.