Legal Question in Civil Litigation in California

Re: Answering a civil complaint

If the statements were made during the court proceedings or in connection with them, I would suggest you consider filing a special motion to strike based upon Cal Code Civil Procedure 425.16. This is known as the Anti-SLAPP statute. The motion may be filed within 60 days of the service of the complaint.

If you would like more information, please feel free to contact me to discuss.

Yours truly,

Bryan

619.400.4929

Re: Answering a civil complaint

If the new civil suit is based on the value of the business decided by the probate court proceedings, then that valuation is what the law calls res judicata (i.e. already decided). The proper way to raise such an issue would be to file a general demurrer to the complaint, not an answer, and provide the court with certified copies of the probate court's valuation and judgment attached to an accompanying declaration, under penalty of perjury, that shows the value assigned to the business by the probate court. Such a procedure maybe too complicated for a layman to handle. I suggest you retain an attorney to handle this right away.

Re: Answering a civil complaint

You answer the complaint by filing properly drafted Answer or appropriate motions to strike or demur. Since you don't know how to practice law, hire an attorney to represent you to minimize the chances of getting a judgment against you. Feel free to contact me if serious about doing so. It may be possible to get the case dismissed, or to settle it somehow without spending a fortune in litigation expenses.