Legal Question in Civil Litigation in California

Re: California Answer to Complaint Question

This is boilerplate language in a document that denies your allegations. It is very unlikely that you will be able to persuade a court to treat it as an admission, which seems to be what you have in mind.

Re: California Answer to Complaint Question

Your question reflects a lack of even the most basic knowledge of the legal system and how pleadings work. I cannot emphasize strongly enough how you should consult an attorney regarding your case case.

Unless the answer was signed under penalty of perjury, the denials and affirmative defenses cannot be used as evidence. Think of it as a "not guilty" plea in a criminal case...they are denials of your allegations and they are preserving their defenses that they can use an trial...assuming the case gets that far.

The pleadings simply frame the issues. During discovery, you will have the opportunity to explore the facts supporting the other side's contentions by interrogatories, depositions and document demands. It may turn out that they have no evidence to support their defenses.

It sounds like you made a claim for punitive damages and this is just a boiler plate defense that allows them to present whatever evidence they have on the issue.

Re: California Answer to Complaint Question

You can flesh out your contention that they maliciously or wrongfully intended to harm you by doing discovery -- especially during a deposition. Take the deposition of the wrongdoer. Of course, don't ask the question "Did you do it maliciously?" Ask first about what the person generally does in the situation, then ask about what the person did specifically with regard to you, and ask him/her to explain the discrepancy. Good luck!