Legal Question in Real Estate Law in California

Re: Civil Litigation - Unlimited; California

You cannot use an answer to assert any claims for affirmative relief from a plaintiff. That must be in a separate document, called a cross-complaint. If the cross-complaint is related to the same transaction and occurrence of the facts alleged in the plaintiff's complaint, it must be alleged now, or it will be barred later by the doctrine of res judicata. If you are only attempting a set off, you can raise this by answer. If you are going to file a cross-complaint, you should file it as the same time as your answer, otherwise you will have to file a motion later for leave (permission from the court) to file a cross-complaint.

Very truly yours,

Re: Civil Litigation - Unlimited; California

you need to bring in your counter claims at the same time as the answer.

Re: Civil Litigation - Unlimited; California

You can file a cross-complaint for breach of contract. A cause of action for Declaratory Relief would not be proper, unless there was some contract that needed interpretation to be enforced and not just for a mere denial. Please contact us if you have any questions. You should make sure that you plead all appropriate affirmative defenses.

Re: Civil Litigation - Unlimited; California

If you are defending an unlimited civil matter, with grounds for cross-complaint, my advice is to retain an attorney rather than try to go in pro. per.

If you do, however, consider Mr. Roach's advice carefully. An answer is just that; you can suggest in an answer that you are entitled to affirmative relief, but it won't be granted except to the limited extent that it automatically flows from the plaintiff losing.

Occasionally, it is advantageous to demur rather than answer a defective complaint. A sharp lawyer can advise you whether this is a better approach.

In any event, be sure to file your responsive papers within the time limit of the summons, and if a cross-complaint for affirmative relief is warranted, you're better off filing it before or at the time of answering.