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?
4 Answers from Attorneys
No. There is no such thing as a pleading in response to an answer.
Everything said in an answer is "deemed controverted." Now start sending out discovery.
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.
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.