Legal Question in Credit and Debt Law in California

Filing an ''Amended Answer''

I attended a ''Hearing on Motion to/for Judgment on the Pleadings'' on February 22, 08. At this hearing the Judge explained that because the plaintiff didn't respond to a ''tentative ruling'' she made, that I now have 30 days to ''amend'' my answer.

I have 30 days from which date to file an answer?

How does ''amending and answer'' benefit me?

Thank you for your time!


Asked on 3/04/08, 4:13 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Filing an ''Amended Answer''

It sounds like the plaintff is the one the filed the Motion for Judgment on the Pleadings. If so, they were alleging that your Answer was legally deficient in some way. The probably agreed with the judge's tentative ruling. You need legal advice on how to file a proper answer. If you do not, the Plaintiff could ask the court to enter your default. Contact the local county bar association to see if they have a lawyer referral service and see an attorney right away.

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Answered on 3/04/08, 4:21 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Filing an ''Amended Answer''

You lucked out. Your answer may have been inadequate to controvert the facts raised in the complaint but, because plaintiff's attorney didn't follow proper procedure, no judgment was entered against you.

Thus, you should amend the answer so that the plaintiff cannot file another motion for judgment on the pleadings. You might generally or specifically deny the facts alleged, and raise affirmative defenses. If unsure, go to a law library, or consult with an attorney.

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Answered on 3/04/08, 4:39 pm


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