Legal Question in Civil Litigation in California

Filed a verified complaint in CA State Court seeking. Defendant removed to Federal Court based on diversity and I got it remanded back. While the remand motion was pending they filed an unverified answer.

Can any guru tell me what I ought to do about their answer? The file hasn't gotten back to state court yet. Move to strike?


Asked on 1/25/13, 11:06 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Personally, I would file a motion to strike (assuming the time frame is right) or a motion for judgment on the pleadings. There is authority that an unverified answer to a verified complaint is an admission of the verified complaint.

Read more
Answered on 1/25/13, 11:56 am


Related Questions & Answers

More General Civil Litigation questions and answers in California