Legal Question in Civil Litigation in California

In a Civil litigation matter, where an answer has been filed and served and is comprised of all affirmative defenses, is a response required?


Asked on 9/03/10, 7:40 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

No. There is no such thing as a pleading in response to an answer.

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Answered on 9/08/10, 7:50 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Everything said in an answer is "deemed controverted." Now start sending out discovery.

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Answered on 9/08/10, 7:58 pm

Mr. Hoffman and Mr. Stone are correct in practice, but not technically. It is permissable to file a demurrer or motion to strike in response to an answer as well as to a complaint. In over twenty years of practice, however, I have never seen one filed except where it was discovered that an answering corporation was suspended and therefore not allowed to answer. In that case a motion to strike was filed and granted.

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Answered on 9/08/10, 8:37 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. Techincally you can move to strike or a file a demurrer to an answer. One appellate opinion mentions that it is "sharp" practice to demurrer to an answer to eliminate boilerplate affirmative defenses that are not properly plead, but in my experience, judges at the trial court have not been very fond of demurrers to answer.

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Answered on 9/09/10, 9:05 am


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