Chapter 6

 Challenges to Complaint  Answer  Motion  Demurrer(in some state courts)  Request for Relief (Damages) (Fed. Ct.)  Counterclaim  Cross Claim  Third Party Complaint 3

 Answer  Demurrer  Motion  Cross Complaints 4

 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 5

 09/48897_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 7

 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. 8

 Demurrer ◦ State Practice only ◦ Demurrer, Notice of Hearing and Memo of P & A. Motions Motion to quash Motion to dismiss Motion for more definite statement 9

 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

 09/48900_149847_SC.pdf

 Required!  Responses same as for complaint