Legal Question in Civil Litigation in California

Re: Denials on Information and Belief in Verified Answer

You are right, and the defendant's arguments are nonsense.

As you say, a verified answer must specifically admit or deny the truth of each allegation in the verified complaint. A verified answer can deny an allegation on the ground that the defendant doesn't have enough information to say whether it is true or false, but the defendant still has to say under penalty of perjury that he doesn't personally have the information. Denying something on information and belief is an attempt to avoid this responsibility. Besides, it's hard for someone to claim he personally lacks information about his own conduct -- let alone to deny the allegation based on information and belief rather than his own knowledge.

His claim that your demurrer is defective because it lacks evidence is absurd. A demurrer isn't even *allowed* to include evidence. The demurrer can only address defects on the face of the pleading, and that is what his evasive answers are.

There is also no need to ask for judicial notice of the operative pleadings in a demurrer. Technically it would have been better to do so, but I can't imagine a judge denying a demurrer on such a hypertechnicality -- especially where the demurring party is pro per.

I hope your opponent is a pro per; I'd hate to think a licensed attorney actually believes the things this guy has been telling you.