Legal Question in Civil Litigation in California
What Happens If My Answer To A Complaint is Stricken?
I was served with an unlawful detainer and I had to file an answer myself because I did not have an attorney. The landlords' attorney filed a motion to strike my entire answer. If the motion is granted, will I be given a change to file another answer? Thanks.
1 Answer from Attorneys
Re: What Happens If My Answer To A Complaint is Stricken?
If the court grants the motion to strike, be sure to ask the judge for the chance to file an amended answer. When filing your opposition to the motion, you must either show that the motion should be denied or that you can file an amendment to address the plaintiff's objections to your answer.
The most common mistake for defendants to make in the response to an unlawful detainer is failing to sign under penalty of perjury or using the wrong form. If the error was minor or can be fixed with an amendment, the judge will probably let you try again. If not, the court might strike your answer and enter your default.