Stanislaus — How to File an Answer to a Civil Complaint for Personal Injury, Property

Source: https://www.stanislaus.courts.ca.gov/system/files/forms-and-filings/personal-injury-answer.pdf

SUPERIOR COURT OF STANISLAUS COUNTY SELF HELP CENTER

HOW TO FILE AN ANSWER TO A CIVIL COMPLAINT FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH ACTIONS

(Revised 7/2013)

Material prepared and/or distributed by the Superior Court Clerk’s Office IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Such material is NOT intended to be and IT IS NOT LEGAL ADVICE as to your specific case. IT IS NOT INTENDED TO TAKE THE PLACE OF COMPETENT LEGAL ADVICE FROM AN ATTORNEY. You are strongly advised to seek the advice of a licensed attorney before starting or completing your case in order to protect valuable legal rights that you may have and of which you may be unaware. Please contact a competent attorney of your choice or contact the LAWYERS REFERENCE SERVICE of the Stanislaus County Bar Association at (209) 571-5727 for a referral. The Clerk’s Office cannot give you legal advice.

KNOW YOUR OPTIONS?

A lawsuit for money based on a contract, loan or agreement is a civil action. The one who is bringing the lawsuit is called the plaintiff. The one who is being sued is called the defendant. If you are sued, you have several choices:

1. You can defend yourself by filing an Answer to the lawsuit in court. Special forms are used, which you can get from the court. You must file an Answer within 30 days of the date you are personally served with the Summons and Complaint.

2. You can choose to do nothing and allow the plaintiff to obtain a default judgment against you. A default means that you failed to answer the complaint in the time required by law. If a default is entered against you, you CANNOT defend yourself in the case. WARNING: a judgment against you could show on your credit report and result in a wage garnishment or other means of collection.

3. You can try to reach an agreement with the plaintiff. The Stanislaus County Superior Court offers Mediation services to assist the parties to resolve their issues with the help of a neutral third party. Mediation is a voluntary process in which a neutral third party, who is a trained mediator, meets with the parties to assist them in settling their dispute. For further information you may call The Stanislaus County Mediation Center at (209) 236-1577.

IMPORTANT: If you wish to explore this option it is advisable that you request an extension of time to answer the complaint confirmed in writing by the Plaintiff or attorney for the Plaintiff or file an Answer to prevent a default being taken against you.

FILING AN ANSWER TO THE COMPLAINT

Review the Summons

One of the papers you should have received is called a Summons. If you choose to respond to the summons and complaint you must do so within 30 days of the date you were personally served. The 30 days includes Saturdays and Sundays. Do not count the day you were given the lawsuit, but begin counting with the next day. If the 30 th day falls on a Saturday or Sunday, you can file the Answer on the following Monday.

To respond you must file a formal paper with the court. The paper is called the Answer. You cannot call the Clerk’s office to get extra time to file an answer in a civil case. Only the plaintiff or the plaintiff’s attorney can give you extra time (called an extension). If you are given an extension, you should confirm it in writing in a letter to the plaintiff or the plaintiff’s attorney and keep a copy of the confirming letter.

Review Your Insurance Polices

It is possible that the lawsuit is covered by your auto, renter’s, homeowner’s or other type of insurance. Take out your policy and review it. Your insurance company may cover your defense in some types of cases.

If you insurance company will cover your defense, make sure to deliver a copy of the Summons and Complaint to the insurance company immediately. Get a receipt from your insurance agent for delivering the lawsuit paperwork.

FILING FEES

Unless you qualify for a fee waiver the following fees will be due at the time of filing: • $225 if the complaint is asking for monetary relief up to $10,000 • $370 if the complaint is asking for monetary relief over $10,000 and up to $35,000 • $435 if the complaint is asking for monetary relief over $35,000

COMPLETING THE ANSWER FORM

All forms should be completed in type or printed clearly using blue or black ink. The first part of the form is called the caption box and looks like this:

YOUR NAME
YOUR STREET ADDRESS
YOUR CITY, STATE, AND ZIP CODE
YOUR TELEPHONE NUMBER

Write in “IN PRO PER”

WRITE IN THE NAME OF THE PLAINTIFF AS SHOWN ON THE
SUMMONS AND COMPLAINT

WRITE IN THE NAMED DEFENDANTS AS SHOWN ON THE
SUMMONS AND COMPLAINT

IF YOU HAVE BEEN SERVED WITH A COMPLAINT, CHECK THE
FIRST BOX AND WRITE IN THE NAME OF THE PLAINTIFF.

IF YOU HAVE BEEN SERVED WITH A CROSS COMPLAINT,
CHECK THE SECOND BOX AND WRITE IN THE NAME OF THE WRITE IN THE CASE NUMBER AS
CROSS-COMPLAINANT. SHOWN ON THE SUMMONS

The next section of the form looks like this: WRITE IN YOUR NAME. IF THERE IS MORE THAN DEFENDANT LISTED IN THE COMPLAINT EACH MUST RESPOND, OR A DEFAULT MAY BE ENTERED AGAINST THE ONE WHO FAILS TO FILE AN ANSWER. TWO DEFENDANTS MAY SHARE ONE ANSWER FORM, BUT EACH MUST SIGN THE ANSWER AND PAY A SEPARATE FILING FEE.

LOOK AT THE LAST PAGE OF THE COMPLAINT WHERE IT IS SIGNED BY THE PLAINTIFF OR THEIR ATTORNEY AND SEE IF THERE IS A “VERIFICATION”. IF NOT, YOU CAN CHECK BOX 2 GENERALLY DENYING ALL STATEMENTS CONTAINED IN THE COMPLAINT.

IF IT IS VERIFIED THEN YOU MUST RESPOND TO EACH PARAGRAPH INDIVIDUALLY BY CHCKING THE

APPROPRIATE BOXES 3(a) THRU (g) AND LISTING THE PARAGRAPH NUMBERS.

IF YOU DENY ANY STATEMENT AS UNTRUE LIST THEM UNDER 3(a) or 3(f). FOR

THOSE YOU DENY BASED ON YOUR INFORMATION OR BELIEF, LIST UNDER 3(c). FOR THOSE YOU DENY BECAUSE YOU LACK ENOUGH INFORMATION TO KNOW IF THEY ARE TRUE, LIST UNDER 3(d).

IF THERE ARE ANY PARAGRAPHS YOU ADMIT AS TRUE, LIST THEM UNDER 3(b) OR 3(e).

The next section of the form begins on page two and looks like this:

Last Name of Plaintiff vs. Last Name of Defendant
WRITE IN THE CASE NUMBER
AS SHOWN ON THE SUMMONS

WRITE ANY OTHER DETAILS OR INFORMATION YOU WANT THE COURT TO TAKE INTO
CONSIDERATION HERE.

ALTHOUGH MANY DEFENDANTS BELIEVE THEY HAVE A MORAL DEFENSE FOR NOT PAYING
A DEBT, SUCH AS LOSING A JOB OR A SPOUSE, THE LAW ONLY RECOGNIZES CERTAIN
KINDS OF LEGAL DEFENSES TO A LAWSUIT. AFFIRMATIVE DEFENSES ARE LEGAL
DEFENSES THAT RAISE NEW FACTS OR ISSUES NOT STATED IN THE COMPLAINT. IF YOU
WANT THE COURT TO CONSIDER YOUR LEGAL DEFENSES YOU MUST INCLUDE THEM IN
YOUR ANSWER.

MANY COMMON AFFIRMATIVE DEFENSES CAN BE FOUND “ON AN ATTACHMENT LIST
INCLUDED IN THIS PACKET. I F YOU CHOOSE TO ATTACH ONE OF THE AFFIRMATIVE
DEFENSE LISTS, MARK THE BOXES NEXT TO THE DEFENSES THAT YOU BELIEVE APPLY TO
YOU AND PLACE THE ATTACHMENT BEHIND THE ANSWER FORM. BE SURE TO CHECK BOX
“6” AND WRITE IN SEE ATTACHMENT 6.

PPRINT YOUR NAME SIGN YOUR NAME HERE

SERVING THE ANSWER

Before you file your answer with the Clerk, a copy must be served on the Plaintiff or Plaintiff’s attorney. It can be served by mail but must be done by a person who is not a plaintiff or defendant in this case.

The server must then complete a Proof of Service by Mail as shown below:

Make two copies of the Answer, any attachments and the Proof of Service by mail. One copy is for the server to mail. Take the original and one copy to the clerk for filing.

PLD-PI-003 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY

ATTORNEY FOR (NAME): Insert name of court, judicial district or branch court, if any, and post office and street address: Stanislaus County Superior Court City Towers, 4th Floor 801 - 10th Street Modesto, CA 95354 Civil Division PLAINTIFF:

DEFENDANT:

CASE NUMBER:

ANSWER—Personal Injury, Property Damage, Wrongful Death COMPLAINT OF (name): CROSS-COMPLAINT OF (name):

1. This pleading, including attachments and exhibits, consists of the following number of pages:

DEFENDANT OR CROSS-DEFENDANT (name):

2. Generally denies each allegation of the unverified complaint or cross-complaint.

3. a. DENIES each allegation of the following numbered paragraphs:

b. ADMITS each allegation of the following numbered paragraphs:

c. DENIES, ON INFORMATION AND BELIEF, each allegation of the following numbered paragraphs:

d. DENIES, BECAUSE OF LACK OF SUFFICIENT INFORMATION OR BELIEF TO ANSWER, each allegation
of the following numbered paragraphs:

e. ADMITS the following allegations and generally denies all other allegations:

Form Approved for Optional Use ANSWER—Personal Injury, Property Damage, Wrongful Death Code of Civil Procedure, § 425.12 Judicial Council of California PLD-PI-003 [Rev. January 1, 2007]

PLD-PI-003 SHORT TITLE: CASE NUMBER:

ANSWER—Personal Injury, Property Damage, Wrongful Death

f. DENIES the following allegations and admits all other allegations:

g. Other (specify):

AFFIRMATIVELY ALLEGES AS A DEFENSE
4. The comparative fault of plaintiff or cross-complainant (name):
as follows:

5. The expiration of the Statute of Limitations as follows:

6. Other (specify):

7. DEFENDANT OR CROSS-DEFENDANT PRAYS
For costs of suit and that plaintiff or cross-complainant take nothing.
Other (specify):

(Type or print name) (Signature of party or attorney)

PLD-PI-003 [Rev. January 1, 2007] ANSWER—Personal Injury, Property Damage, Wrongful Death Page 2 of 2

POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Stanislaus STREET ADDRESS: 801 - 10th Street, 4th Floor MAILING ADDRESS: 801 - 10th Street, 4th Floor CITY AND ZIP CODE: Modesto, CA 95354 BRANCH NAME: Civil Division PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CASE NUMBER:

PROOF OF SERVICE BY FIRST–CLASS MAIL—CIVIL

(Do not use this Proof of Service to show service of a Summons and Complaint.)

1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place.

2. My residence or business address is:

3. On (date): I mailed from (city and state): the following documents (specify):

   The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D)).

4. I served the documents by enclosing them in an envelope and (check one): a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

5. The envelope was addressed and mailed as follows: a. Name of person served: b. Address of person served:

   The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)

Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL Code of Civil Procedure, §§ 1013, 1013a Judicial Council of California POS-030 [New January 1, 2005] (Proof of Service)

INFORMATION SHEET FOR PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL

(This information sheet is not part of the Proof of Service and does not need to be copied, served, or filed.)

NOTE: This form should not be used for proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-010). Use these instructions to complete the Proof of Service by First-Class Mail—Civil (form POS-030). A person over 18 years of age must serve the documents. There are two main ways to serve documents: (1) by personal delivery and (2) by mail. Certain documents must be personally served. You must determine whether personal service is required for a document. Use the Proof of Personal Service–Civil (form POS-020) if the documents were personally served. The person who served the documents by mail must complete a proof of service form for the documents served. You cannot serve documents if you are a party to the action.

INSTRUCTIONS FOR THE PERSON WHO SERVED THE DOCUMENTS The proof of service should be printed or typed. If you have Internet access, a fillable version of the Proof of Service form is available at www.courtinfo.ca.gov/forms. Complete the top section of the proof of service form as follows: First box, left side: In this box print the name, address, and telephone number of the person for whom you served the documents. Second box, left side: Print the name of the county in which the legal action is filed and the court’s address in this box. The address for the court should be the same as on the documents that you served.

Third box, left side: Print the names of the Petitioner/Plaintiff and Respondent/Defendant in this box. Use the same names as are on the documents that you served.

First box, top of form, right side: Leave this box blank for the court’s use.

Second box, right side: Print the case number in this box. The case number should be the same as the case number on the documents that you served. Complete items 1–5 as follows:

1. You are stating that you are over the age of 18 and that you are not a party to this action. You are also stating that you either live in or are employed in the county where the mailing took place.

2. Print your home or business address.

3. Provide the date and place of the mailing and list the name of each document that you mailed. If you need more space to list the documents, check the box in item 3, complete the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D)), and attach it to form POS-030.

4. For item 4:

   Check box a if you personally put the documents in the regular U.S. mail. Check box b if you put the documents in the mail at your place of business.

5. Provide the name and address of each person to whom you mailed the documents. If you mailed the documents to more than one person, check the box in item 5, complete the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (form POS-030(P)), and attach it to form POS-030.

At the bottom, fill in the date on which you signed the form, print your name, and sign the form. By signing, you are stating under penalty of perjury that all the information you have provided on form POS-030 is true and correct.

POS-030 [New January 1, 2005] PROOF OF SERVICE BY FIRST CLASS MAIL—CIVIL (Proof of Service)

Short Title: Case No.

Attachment 6 - AFFIRMATIVE DEFENSES Check all boxes that apply to your case

a. Running of the Statute of Limitations. The complaintwas filed afterthe time period allowed in Code of Civil Proceduresections312, etseq.

b. Failure to State a Cause of Action. The complaintdoes not containenough factsto statea cause of action againstthis defendant.

c. Plaintiff’s Comparative Fault. Plaintiff(s)or the person insured by plaintiffwas at fault in how he/she/it conductedhis/her/itsaffairsrelativeto the incidentdescribedin plaintiff’s complaint.Such fault causedor contributed to the damages complainedof in this case.

d. Failure to Mitigate Damages. Plaintiff(s)or the person insured by plaintifffailed to take reasonablestepsto minimize or preventthe damages plaintiffclaims to have suffered.

e. Assumption of the Risk. Plaintiff(s)or the person insured by plaintiffknew about the risk, and voluntarily undertookthe risk that led to the accidentor injuries complainedof in this case.

f. Consent by Plaintiff. Plaintiff(s)or the person insured by plaintiffagreed to, and participatedin, thoseactions whichplaintiff(s)claim to have causedinjury or damage. Since such participationand consentwere given knowingly and voluntarily,plaintiff’s claims are invalid.

g. Comparative Fault of Third Parties. People or entitiesother than this defendantcausedor contributedto the damages plaintiff(s)claim to have suffered.Thereforeany award made in favor of the plaintiffin this case must be reducedby an amount equal to the percentageof the fault of othersin causingor contributingto the damages as alleged in the complaint.

h. Apportionment of Fault. Defendantsother than this defendantcausedor contributedto the damages plaintiff(s) claim to have suffered.Thereforeany award made in favor of the plaintiff(s)in this case must be divided betweenthe defendantsso that each pays only his, her or its fair share in relationshipto his, her or its amount of fault.

i. Claim is Barred By Law. This defendantbelieves, based on reliable information,that currentlaw prohibits plaintiff’s claims againstthis defendant.

j. Laches. Plaintiff(s)or the person insured by plaintiffwaitedtoo long to file this law suit, making it difficultor impossiblefor defendantto find witnessesor evidence to defend the case.

k. Waiver. Plaintiff(s)or the person insured by plaintiffeither told, or led this defendantto believe, that plaintiff would not sue this defendant.

l. Estoppel. Plaintiff(s) or the person insured by plaintiffactedin such a way as to cause this defendantto believe that plaintiffwould not file suit, and defendantrelied on thoseactionsor representations.

m. Act of God. The damages plaintiff(s)or the person insured by plaintiffclaims to have sufferedwere caused by a naturaloccurrence,such as a storm.

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Affirmative Defenses Attachment – Personal Injury, Prope rty Damage, Wrongful Death Rev. 7-2013 Page 1 of 2

Short Title: Case No.

o. Failure to Exhaust Administrative Remedies. Plaintiff(s)or the person insured by plaintifffailed to file and pursue a claim with the responsiblegovernmentagency before filing this lawsuit.

p. Intervening or Supervening Cause. The damages the plaintiff(s)or the person insured by plaintiffclaims to have sufferedwere caused or made worseby an event that occurredafterthe accidentdescribedin the complaint.

q. Superseding Cause. The damages the plaintiff(s)or the person insured by plaintiffclaims to have suffered were almostentirelycausedby an event that occurredafterthe accidentdescribedin the complaint,thus this defendantis not responsiblefor plaintiff’s claimed damages.

OTHER DEFENSES :

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Affirmative Defenses Attachment – Personal Injury, Prope rty Damage, Wrongful Death Rev. 7-2013 Page 2 of 2