How Do You File an Answer in a California Civil Case?
Introduction
Filing an answer in a California civil lawsuit is the defendant’s official response to a plaintiff’s complaint and is the gateway to defending oneself in court. This article examines the statutory authority governing answers under California law, discusses their essential elements and formatting, and provides practical steps and common pitfalls to avoid.
I. Statutory Authority and Deadlines
In California, the principal statutory authority for answering a complaint is the Code of Civil Procedure (“CCP”). The requirements are set forth most notably in CCP § 431.30(b), which governs the structure and content of answers, and § 430.40(a), which imposes a 30-day deadline from the date of service of the summons and complaint for filing an answer. If the complaint was verified, the answer must also be verified. If the defendant fails to answer within the deadline, the plaintiff may seek a default judgment. See Cal. Civ. Proc. Code §§ 431.30(b), 430.40(a).
II. Essential Elements of a California Answer
A. Admit or Deny Allegations
California law requires defendants to address each material allegation in the complaint, paragraph by paragraph. For each, a defendant must either:
Admit,
Deny, or
State lack of sufficient information or belief to respond, which is treated as a denial.
See Cal. Civ. Proc. Code § 431.30(b)(1).
Failure to deny an allegation may be interpreted as an admission. In certain cases, a general denial may be permitted—especially in limited civil cases or where the complaint is not verified. See Cal. Civ. Proc. Code § 431.30(d).
B. Raise Affirmative Defenses
Defendants are encouraged to affirmatively assert any legal defenses that might defeat or modify liability, even if the plaintiff’s allegations are true. Common defenses include:
Statute of limitations,
Payment,
Accord and satisfaction,
Release,
Fraud,
Unclean hands,
Estoppel,
Failure of consideration.
Defenses must be stated in “ordinary and concise language.” See Cal. Civ. Proc. Code § 431.30(b)(2).
C. Cross-Complaints
If the defendant has claims against the plaintiff or third parties arising out of the same transaction or occurrence, cross-claims (cross-complaints) may be included or filed separately under CCP § 428.10.
D. Proper Formatting and Forms
California courts require answers to be submitted on pleading paper in proper format:
Caption with court name, case number, and parties (Cal. Rules of Court, Rule 2.111).
Each paragraph numbered consecutively (Rule 2.110).
Signature of defendant or defendant’s attorney.
Certificate of service confirming that the answer has been served on the plaintiff (Cal. Civ. Proc. Code § 1013a).
Different forms are used for different cases—Form PLD-PI-003 (personal injury), PLD-C-010 (contract), or the General Denial Form PLD-050 if appropriate. Always check local court guidelines for required local forms.
E. Filing Fee and Service
A filing fee ($225–$450 in most civil cases) is due at the time of filing, though fee waivers are available for eligible parties. After serving your answer on the plaintiff (by mail or in person), file the original and required copies with the court, along with proof of service. See Cal. Civ. Proc. Code §§ 1013, 1013a.
III. Best Practices and Pitfalls
A. Meet the Deadline: File your answer within 30 days of service to avoid default. Failing to respond timely can prevent you from participating in the case or defending against the claims.
B. Raise All Affirmative Defenses: State all defenses you may rely on in “ordinary and concise language.” Omitted defenses may not be raised later.
C. Use Proper Forms and Formatting: Use the correct Judicial Council forms, or prepare your answer in accordance with court rules if a form isn’t available for your type of case.
E. Serve and File Properly: Serve the plaintiff and file with the court, including a certificate of service.
F. Consider Cross-Complaints: If you have related claims, assert them promptly.
IV. Model Structure of an Answer
Caption – Court, case number, party names.
Admissions/Denials – Paragraph-by-paragraph responses to each material allegation.
Affirmative Defenses – Separate section identifying and stating all applicable defenses.
Cross-Complaint (if any) – Factual basis and causes of action against plaintiff or third parties.
Prayer for Relief – Request for judgment in favor of defendant, reimbursement of costs, or other relief.
Signature and Certificate of Service.
Conclusion
Filing an answer in a California civil case requires strict compliance with deadlines, statutory requirements, and court rules. A defendant must respond to each allegation, raise all appropriate defenses, and ensure proper formatting, service, and filing. Following California's statutory authority (Cal. Civ. Proc. Code §§ 431.30, 430.40), using the correct forms, and observing best practices not only preserves your ability to contest the lawsuit but also places you in the best position for a successful defense. If in doubt, consult self-help resources or seek legal advice—the stakes are high, and procedural missteps can have lasting consequences.
