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California Code of Civil Procedure Section 431.30

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 431.30

431.30.  (a) As used in this section:
   (1) "Complaint" includes a cross-complaint.
   (2) "Defendant" includes a person filing an answer to a
cross-complaint.
   (b) The answer to a complaint shall contain:
   (1) The general or specific denial of the material allegations of
the complaint controverted by the defendant.
   (2) A statement of any new matter constituting a defense.
   (c) Affirmative relief may not be claimed in the answer.
   (d) If the complaint is subject to Article 2 (commencing with
Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a
general denial is sufficient but only puts in issue the material
allegations of the complaint. If the complaint is verified, unless
the complaint is subject to Article 2 (commencing with Section 90) of
Chapter 5.1 of Title 1 of Part 1, the denial of the allegations
shall be made positively or according to the information and belief
of the defendant. However, if the cause of action is a claim assigned
to a third party for collection and the complaint is verified, the
denial of the allegations shall be made positively or according to
the information and belief of the defendant, even if the complaint is
subject to Article 2 (commencing with Section 90) of Chapter 5.1 of
Title 1 of Part 1.
   (e) If the defendant has no information or belief upon the subject
sufficient to enable him or her to answer an allegation of the
complaint, he or she may so state in his or her answer and place his
or her denial on that ground.
   (f) The denials of the allegations controverted may be stated by
reference to specific paragraphs or parts of the complaint; or by
express admission of certain allegations of the complaint with a
general denial of all of the allegations not so admitted; or by
denial of certain allegations upon information and belief, or for
lack of sufficient information or belief, with a general denial of
all allegations not so denied or expressly admitted.
   (g) The defenses shall be separately stated, and the several
defenses shall refer to the causes of action which they are intended
to answer, in a manner by which they may be intelligibly
distinguished.

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Last modified: March 17, 2014