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Chapter 6
Challenges to Complaint Answer Motion Demurrer(in some state courts)
Request for Relief (Damages) (Fed. Ct.) Counterclaim Cross Claim Third Party Complaint
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Answer Demurrer Motion Cross Complaints
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Challenges factual basis of complaint Responses to allegations of complaint
◦ Denial of allegations in complaint General vs. specific
◦ Admission of allegations Express v. implied
Affirmative defenses
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http://www.scefiling.org/filingdocs/194/29109/48897_149847_Answer.pdf
Drafted Judicial Council Forms (Calif.) Caption and docket number from complaint
◦ Short form caption General Denial
◦ Unverified complaint◦ State v. federal practice
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Timing—State v. Fed. Filed like complaint
◦ Filing fee Service
◦ By mail on parties who have appeared Proof of Service by Mail (or fax etc.)
◦ Proof of service attached to Answer and filed with answer.
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Demurrer◦ State Practice only◦ Demurrer, Notice of Hearing and Memo of P & A.
MotionsMotion to quashMotion to dismissMotion for more definite statement
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Federal Court (see textbook)◦ Cross claim◦ Counterclaim◦ Third party complaint
State Court◦ Cross Complaint
Resemble complaint—with expanded caption
(see sample—2800 Stevens Creek Rd.) Check complex case filings on Santa Clara
County Superior Court
Service of Cross complaint:◦ By mail to attorney if already appeared in action◦ Personally on cross def—if no prior appearance
http://www.scefiling.org/filingdocs/194/29109/48900_149847_SC.pdf
Required! Responses same as for complaint