 Is the most common response to a Complaint  Must be served within 30 days in California  Filed with the Court with a filing fee  Mailed to Plaintiff  Meant to flesh out the issues in the case

 Caption page  General denial (unless verified complaint)  Affirmative defenses  Prayer  Signature of attorney

 Statute of limitations  Unclean hands  Comparative negligence  Set-off  Assumption of the risk  Estoppel  Failure to exhaust administrative remedies

 From the Defendant against the Plaintiff ◦ Can be compulsory or permissive  From the Defendant against a co-defendant ◦ Permissive only  From the Defendant against a third party ◦ Permissive only

 Allows the Defendant to sue someone else in same suit after being served with Complaint  Same format rules and content as Complaint  Treated as an independent action  Service by mail for existing parties; Complaint process for new parties  Timing considerations

 Each party has a right to amend its pleadings once, without Court permission, for a short amount of time after the initial pleading  Complaints and Cross-Complaints: before opponent’s response is filed  Answers: within 10 days

 Liberally granted ◦ to bring in Does ◦ to bring in new parties ◦ to delete existing parties ◦ to correct scriveners’ errors  Done by Motion or ex parte application

 A pleading which alleges facts that occurred after the filing of the original pleading  Does not replace/supersede original pleading, only adds to it  Done through noticed Motion procedures  Leave liberally given

 Demurrer  Motion to Strike  Motion for Judgment on the Pleadings

 Applies to Complaints and Cross- Complaints  Same time to respond as if filing answer  Based on law, not facts; tests the legal sufficiency of the Complaint/Cross- Complaint  Motion rules apply  Mailed to opponent, filed with Court

 Used to attack entire pleading or parts of the pleading  Used to attack complaint, answer, cross- complaint, or demurrer  Used to attack pleadings on grounds demurrer cannot reach  Judged only on the face of the pleadings

 Same as Demurrer, but used after time has lapsed for Defendant to file Demurrer  Same rules as for Demurrers  Court only looks at face of challenged pleading  Often based on lack of jurisdiction  Same Motion/format procedures