Legal Question in Real Estate Law in California

After contacting your homeowners', renters', or auto insurance carrier as applicable, contact an attorney. Respectfully suggest that if you attempt to defend your lawsuit by yourself by obtaining forms that you're not sure how to complete, you will quickly be in over your head.

Be careful. You have a few major considerations, at this point, and many more down the line.

First, while you may be able to use the PLD-C-010 form for an answer, it may not be right for you. For example, you may want to file a General Denial. That's a different form.

You may also want to file something other than an answer or general denial. For example, you may have grounds to file a demurrer or a motion to strike or any of many other motions.

Also, if you are being sued as a corporation or LLC or the trustee of a trust, you must have an attorney. You cannot represent yourself.

As for finding out how to fill in the PLD-C-010 form, you can ask an attorney. Also, there are books that could help, such as California Pleading and Practice. I would not recommend doing the work, yourself, however, because you could waive important rights or subject yourself to losing the case, on procedural grounds.

Also, you can only use the PLD-C-010 form in a State Court action. If you are being sued in Federal Court, you cannot use the form.

As for the jury, if you are in Federal Court, you will need to decide, at the outset of the case, whether you are going to request one. If so, the request must be on your answer. If you are in State Court, you have time to make up your mind. If there are forms for your local court that are required to be filed with your answer, it is likely that the form will ask whether you want a jury. There may also be this question on a Case Management Statement, which you will need to file, later in the case. Generally, I request the jury, so that it is not waived. Then, as the case gets closer to trial, you can always change your mind.

If you demand a jury and, then, waive it, you're OK. If you waive a jury (by not demanding it), you may be stuck with the waiver.

Bottom Line: If you are having trouble filling out the PLD-C-010 form, get some professional help. It only gets more complicated.

If you need to reach my office for assistance, my email is [email protected]

Since you asked your question under "real estate and real property," and since you are discussing use of the PLD-C-010 form for your answer, I assume you are in a California state court and are being sued over a contract having something to to with real property. That's not a lot to go by, but it is a start.

First, look at the Complaint to see if the Plaintiff, or a Plaintiff, verified it. A verified complaint alters the requirements for an answer - the Answer must also be verified, and you cannot check box 3a and make a general denial.

Next, keep in mind that an Answer generally consists of two parts: admissions and denials of the allegations of the Complaint, followed by so-called "new material," consisting of affirmative defenses (statements like "Plaintiff's cause of action is barred by the applicable statute of limitations") and contrary facts such as "The light was not red as plaintiff alleges in paragraph 10 of the complaint; it was in fact green for east-west traffic."

Very few self-represented defendants do a good job for themselves unless they have some legal training or access to someone who does. If the suit involves real property, there may be lots of money to be gained or lost by a proper outcome instead of one decided as the result of a mistake or two in procedure. I'd recommend getting a lawyer, and if you cannot afford one for conventional representation, at least try to get one to coach you.

I'm very surprised Mr. Stone didn't give his canned statement that applies so well to your situation. So I'll provide it: If you can't afford an attorney to help you with your case, you must be able to afford to lose it." If you can't even figure out how to fill out a PLD-C-010, you will most surely lose your case, because it only gets more and more complicated after that.