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Civil Procedure • Pleading
CIVPRO#040
Legal Definition
Complaints do not need to be verified, but if it is verified, the answer must likewise be verified and assert specific denials by paragraph. Further, if verified, the answer must deny the plaintiff was damaged in the amount alleged or in any amount whatsoever, as failure to state this admits fault of a lesser amount.
Plain English Explanation
In California, most complaints do not need to be verified. However, if a complaint is verified, the defendant’s answer must also be verified. Verification means the defendant swears under oath that the statements in the answer are true.
When answering a verified complaint, the defendant must provide specific denials. This means they must respond to each paragraph of the complaint and either admit, deny, or claim lack of knowledge for each fact. The answer can’t just be a general denial of everything.
Additionally, if the complaint is verified, the defendant must also deny that the plaintiff was damaged in the amount claimed or in any amount whatsoever. Failing to include this denial can be seen as an admission that the defendant owes some money, even if it’s less than the amount the plaintiff is asking for.
When answering a verified complaint, the defendant must provide specific denials. This means they must respond to each paragraph of the complaint and either admit, deny, or claim lack of knowledge for each fact. The answer can’t just be a general denial of everything.
Additionally, if the complaint is verified, the defendant must also deny that the plaintiff was damaged in the amount claimed or in any amount whatsoever. Failing to include this denial can be seen as an admission that the defendant owes some money, even if it’s less than the amount the plaintiff is asking for.
