Legal Question in Business Law in California

Re: Superior court question - procedure in answering a complaint

Thank you for your posting.

Your answer to the complaint should be fine, as long as it identifies that the answer is on behalf of both the business and you personally, and so long as you paid the first appearance fee for both entities.

The court rules also require that you serve, by mail, a copy of the answer on the plaintiff or their attorney of record.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: Superior court question - procedure in answering a complaint

It is quite normal for two or more defendants to file a joint answer. However, the fact that you say you did this without an attorney probably means you have a problem.

You don't say what kind of business entity you run, but chances are it will need to hire an attorney if it is going to proceed with the litigation. This is so because, while people are allowed to represent themselves in court, only an attorney can represent someone else (in fact, that is essentially the definition of an attorney -- someone licensed to represent the legal interests of another). A corporation is not a natural person, but a natural person must appear in the courtroom on its behalf and that person must be an attorney.

You can proceed on your own behalf if you want, but you almost certainly cannot appear on behalf of the business (even if you are its president and sole shareholder) unless it is legally just a fictitious name under which you do business as an individual.

For the benefit of other readers I should note that, in California, business entities can send employees or officers to represent them in small claims court. Your case is in Superior Court, though, where this rule does not apply.

Re: Superior court question - procedure in answering a complaint

Here are some pointers:

1) The Answer should be on pleading paper. Most word processors have the ability to create legal pleadings (vertical rules, numbered lines).

2) The Answer should have a caption similar to that on the Complaint, showing the case name and number, parties, etc. in much the same way. Of course, you substitute "ANSWER" for "COMPLAINT" and your name and address instead of the plaintiff or plaintiff's attorneys' information in the upper left corner block. Be sure to show the case number, too.

3) Your response should admit or deny each material allegation of the Complaint. Anything you fail to address might be deemed admitted.

4) If the Complaint is verified, you must verify your answer. Your verification can be styled on the format of the plaintiff's verification.

5) If the Complaint is unverified, you do not need to verify your answer, and may not need to respond to each allegation; instead, if you prefer, you can "generally deny" all of the allegations of the Complaint.

6) Each paragraph of your Answer should be numbered, and the pages should also be numbered.

7) You should put a footer at the bottom of each page saying "Answer to Complaint."

8) After the denials (and admissions) of your Answer, you can and perhaps should raise your so-called "affirmative defenses." These are additional numbered paragraphs, each of which states a reason why the court should find in your favor. Typical: " 26. The Defendants assert that the claims of the Complaint must fail because they are barred by the applicable Statute of Limitations."

It is important to raise at least one viable defense or deny at least one material allegation for each cause of action and each defendant; otherwise that defendant may lose as to that cause of action left unchallenged.

In your case, a minimal defense to an unverified Complaint might read: "The defendants deny each and every material allegation of the Complaint."or words to the same effect.

Also, the Answer must be signed and served on the other side or its attorney of record, and a proof of service signed by you must accompany the copy filed with the court.

If your business is a d/b/a (sole proprietorship), you can appear in propria persona (in pro. per.) on your own behalf, and an answer on your personal behalf usually protects the business as well. If the business is a corporation it cannot be represented in court by a non-attorney and you must hire one pronto.

This is only scratching the surface of a complex subject, but I hope it will be helpful. Contact me directly if you'd like further advice.