California Code of Civil Procedure 761.030 – (a) The answer shall be verified and shall set …
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(a) The answer shall be verified and shall set forth:
(1) Any claim the defendant has.
Terms Used In California Code of Civil Procedure 761.030
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Claim: includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. See California Code of Civil Procedure 760.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true.
(3) A statement of any new matter constituting a defense.
(b) If the defendant disclaims in the answer any claim, or suffers judgment to be taken without answer, the plaintiff shall not recover costs.
(Added by Stats. 1980, Ch. 44, Sec. 15.)