Sample Answer To An Unverified Complaint For California

1 Any Attorney or Party
Any Street
2 Any Town, CA 55555
3 714-555-5555
4 Any Attorney or Party
8 Superior Court of the State of California
9 For the County of _________________
10
11 Any Plaintiff, ) Case No.

)
12 Plaintiff, ) ANSWER OF DEFENDANT______________ TO
) COMPLAINT OF PLAINTIFF_________
13 vs. )
)
14 Any Defendant, and DOES 1-5 )
)
15 Defendants. )
)
16 )
)
17
18 To subscribe to my FREE weekly legal newsletter visit

19
20 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail

21
address.
22
23 To view sample document packages sold by LegalDocsPro

24
visit: http://www.legaldocspro.net Be sure to remove this notice and
25
26 all other notices before using this document.

27
28
- 1 -
ANSWER TO COMPLAINT
1 Defendant, _____________________ for themselves and no other Defendant, denies and
2 alleges as follows:
3
Pursuant to the provision of Code of Civil Procedure § 431.30(d), Defendant,
4
______________________ denies, both generally and specifically, each, every and all of the
5
6
allegations of Plaintiff, ______________________________ and each and every cause of action
7 contained therein, and the whole thereof; this Answering Defendant further denies that Plaintiff was
8 damaged and/or injured in any sum or sums, or at all, by reason of any negligent act and/or omission
9
to, or any other conduct on the part of this Defendant, or any of his agents and/or employees.
10
FURTHER, AS SEPARATE AFFIRMATIVE DEFENSES to each and every cause of action
11
of the complaint, this Defendant is informed and believes, and on such information and belief alleges
12
13 as follows:
14 FIRST AFFIRMATIVE DEFENSE

15
(Failure To State A Claim)
16
1. As a first and separate affirmative defense to each and every cause of action of the
17
complaint, Defendants allege that Plaintiff’s complaint, as pleaded, fails to state facts sufficient to
18
19 constitute a cause of action against Defendants.
20 This affirmative defense is for the purpose of avoiding any waiver of the affirmative defense
21
and is based on information and belief. This affirmative defense is likely to have evidentiary support
22
after a reasonable opportunity for further investigation or discovery.
23
///
24
25 ///
26 ///
27
SECOND AFFIRMATIVE DEFENSE
28
- 2 -
ANSWER TO COMPLAINT
1 (Statute Of Frauds)
2 2. As a second and separate affirmative defense to each and every cause of action of the
3
complaint, Defendants allege that Plaintiff is entitled to take nothing by its Complaint because the
4
contract alleged in Plaintiff’s complaint violates the Statute of Frauds.
5
THIRD AFFIRMATIVE DEFENSE
6
7 (Waiver)
8 3. As a third and separate affirmative defense to each and every cause of action of the
9
complaint, Defendants allege that the Complaint, and each cause of action asserted therein is barred
10
by the doctrine of waiver.
11
This affirmative defense is for the purpose of avoiding any waiver of the affirmative defense
12
13 and is based on information and belief. This affirmative defense is likely to have evidentiary support
14 after a reasonable opportunity for further investigation or discovery.

15
FOURTH AFFIRMATIVE DEFENSE
16
(Estoppel)
17
4. As a fourth and separate affirmative defense to each and every cause of action of the
18
19 complaint, Defendants allege that the Complaint, and each and every cause of action asserted therein,
20 is barred by the doctrine of estoppel.

22
23
24
25 ///
26 ///
27 FIFTH AFFIRMATIVE DEFENSE
28
- 3 -
ANSWER TO COMPLAINT
1 (Laches)
2 5. As a fifth and separate affirmative defense to each and every cause of action of the
3
complaint, Defendants allege that the Complaint, and each and every cause of action asserted therein,
4
is barred by the doctrine of laches.
5
6

9
SIXTH AFFIRMATIVE DEFENSE
10
(Failure Of Consideration)
11
6. As a sixth and separate affirmative defense to each and every cause of action of the
12
13 complaint, Defendants allege that Plaintiff's complaint and each and every purported cause of action
14 therein is barred due to a failure of consideration on the contract sued upon herein.
15
16
17
18
19 SEVENTH AFFIRMATIVE DEFENSE
20 (Unclean Hands)
21 7. As a seventh and separate affirmative defense to each and every cause of action of the
22
complaint, Defendants allege that each and every cause of action in Plaintiff’s complaint is barred by
23
the doctrine of unclean hands.
24
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- 4 -
ANSWER TO COMPLAINT
1 EIGHTH AFFIRMATIVE DEFENSE
2 (Contributory Fault Of Plaintiff)

3
8. As an eighth and separate affirmative defense to each and every cause of action of the
4
complaint, Defendants allege that Plaintiff’s failure to provide reasonable and ordinary care, caution
5
or prudence for their own safety in order to avoid the alleged injuries and/or damages, if any, as
6
7 herein alleged, the resulted injuries and/or damages, if any, sustained by Plaintiff, were proximately
8 caused and contributed to by the negligence and/or intent of Plaintiff and its own conduct.
9
10
11
12
13 NINTH AFFIRMATIVE DEFENSE
14 (Fault Of Others)
15
9. As a ninth and separate affirmative defense to each and every cause of action of the
16
complaint, Defendants allege that at all times mentioned in the Complaint, any damages or losses, if
17
any alleged, suffered by Plaintiff herein, were directly and proximately caused and contributed to by
18
19 the negligence or fault of persons separate and apart from Defendants, whether they be named in
20 Plaintiff’s Complaint or not.

22
23
24
25 TENTH AFFIRMATIVE DEFENSE
26 (Comparative Fault Of Plaintiff)

27
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- 5 -
ANSWER TO COMPLAINT
1 10. As a ninth and separate affirmative defense to each and every cause of action of the
2 complaint, Defendants allege that Plaintiff was negligent in and about the acts complained of in the
3
Complaint, to an extent greater than any of Plaintiffs purported acts in connection therewith. Any
4
relief Plaintiff is entitled to, therefore, which entitlement is not admitted, as against Defendants, must
5
be denied pursuant to Civil Code § 3543, and other statutory and/or case authority.
6
9
10
ELEVENTH AFFIRMATIVE DEFENSE
11
(Excuse Of Performance)
12
13 11. As an eleventh and separate affirmative defense to each and every cause of action of
14 the complaint, Defendants allege that they are legally excused from performance under the guarantee
15
alleged in the complaint because of the acts, errors, and omissions of Plaintiff.
16
17
18
20 TWELFTH AFFIRMATIVE DEFENSE

21 (Set Off)
22
12. As a twelfth and separate affirmative defense to each and every cause of action of the
23
complaint, Defendants allege that, to the extent that Plaintiff has any valid claim against them this
24
25 claim is diminished, reduced, or set off by the amount of liability Plaintiff or others has or have to
26 Defendants for overpayments.

27
28
- 6 -
ANSWER TO COMPLAINT
3
4
THIRTEENTH AFFIRMATIVE DEFENSE
5
(Accord & Satisfaction)
6
7 13. As a thirteenth and separate affirmative defense to each and every cause of action of
8 the complaint, Defendants allege that recovery by Plaintiff in this action is barred by an accord and
9
satisfaction entered into between the parties.
10
11
12
14 FOURTEENTH AFFIRMATIVE DEFENSE

15
(Failure To Mitigate Damages)
16
14. As a fourteenth and separate affirmative defense to each and every cause of action of
17
the complaint, Defendants allege that Plaintiff has failed to mitigate its damages, if any they have.
18
22
///
23
///
24
25 ///
26 FIFTEENTH AFFIRMATIVE DEFENSE

27 (Complete Performance)
28
- 7 -
ANSWER TO COMPLAINT
1 15. As a fifteenth and separate affirmative defense to each and every cause of action of the
2 complaint, Defendants allege that they have appropriately, completely, and fully performed and
3
discharged any and all obligations and legal duties arising out of the matters alleged in the Complaint.
4
5
6
8 SIXTEENTH AFFIRMATIVE DEFENSE

9
(Failure of Performance by Plaintiff)
10
16. As a sixteenth and separate affirmative defense to each and every cause of action of
11
the complaint, Defendants allege that if Defendants have failed to perform any oral or written
12
13 promise, covenant or condition, their failure of performance was caused, and continues to be caused,
14 by the acts and omissions of Plaintiff, and that Plaintiff is estopped to deny otherwise.
15
16
17
18
19 SEVENTEENTH AFFIRMATIVE DEFENSE
20 (Consent)
21 17. As a seventeenth and separate affirmative defense to each and every cause of action of
22
the complaint, Defendants allege that Plaintiff is barred from recovering on the causes of action
23
asserted herein because of the Plaintiff’s consent to the acts or omissions of Defendants, which acts
24
25 or omissions are not herein admitted.
26
27
28
- 8 -
ANSWER TO COMPLAINT
3
4
EIGHTEENTH AFFIRMATIVE DEFENSE
5
(Prevention of Performance)
6
7 18. As an eighteenth and separate affirmative defense to each and every cause of action of
8 the complaint, Defendants allege that as a result of the acts and conduct of Plaintiff, Defendants were
9
prevented from performing the obligations of which Plaintiff complains in its Complaint. Therefore,
10
Plaintiff should be barred in whole or in part due to the express prevention of performance on the part
11
of this Defendant.
12
15
16
NINETEENTH AFFIRMATIVE DEFENSE
17
(Impossibility of Performance)
18
19 18. As a nineteenth and separate affirmative defense to each and every cause of action of
20 the complaint, Defendants allege that Defendants’ performance on the purported contract is therefore
21 excused by impossibility of performance of the purpose for which the purported contract was made.
22
23
24
26 ///
27 ///
28
- 9 -
ANSWER TO COMPLAINT
1 TWENTIETH AFFIRMATIVE DEFENSE
2 (Novation)
3
20. As a twentieth and separate affirmative defense to each and every cause of action of
4
the complaint, Defendants allege that recovery in this action is barred by a novation entered into by
5
the parties.
6
9
10
TWENTY-FIRST AFFIRMATIVE DEFENSE
11
(Prior Breach of Contract)
12
13 21. As a twenty first and separate affirmative defense to each and every cause of action of
14 the complaint, Defendants allege that recovery in this action is barred and Defendants’ performance
15
was excused by a prior breach thereof by the Plaintiff.
16
17
18
20 TWENTY-SECOND AFFIRMATIVE DEFENSE

21 (Mistake)
22
22. As a twenty second and separate affirmative defense to each and every cause of action
23
of the complaint, Defendants allege that recovery in this action is barred and that Defendants’
24
25 performance of the purported contract was excused by mistake in the making of the afore-stated
26 purported agreement.
27
28
- 10 -
ANSWER TO COMPLAINT
3
4
TWENTY-THIRD AFFIRMATIVE DEFENSE
5
(Abandonment)
6
7 23. As a twenty third and separate affirmative defense to each and every cause of action of
8 the complaint, Defendants allege that Plaintiff abandoned its duties and obligations and failed to
9
complete performance under the agreement between the parties.
10
11
12
14 TWENTY-FOURTH AFFIRMATIVE DEFENSE

15
(Speculative damages)
16
24. As a twenty fourth and separate affirmative defense to each and every cause of action
17
of the complaint, Defendant alleges that the damages, if any, alleged to have been suffered and/or
18
19 will be suffered by Plaintiff are speculative in nature.
22
23
///
24
25 ///
26 ///
27 ///
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- 11 -
ANSWER TO COMPLAINT
1 TWENTY-FIFTH AFFIRMATIVE DEFENSE
2 (Statutes of limitation)
3
25. As a twenty fifth and separate affirmative defense to each and every cause of action of
4
the complaint, Defendant alleges that the Plaintiff has failed to comply with the provisions of Code of
5
Civil Procedure §§ 337, 338, 339 and 340, therefore the complaint and each cause of action
6
7 contained therein is barred by the statute of limitations.
9
10
11
TWENTY-SIXTH AFFIRMATIVE DEFENSE
12
13 (Release of liability)
14 26. As a twenty sixth and separate affirmative defense to each and every cause of action of
15
the complaint, Defendant alleges that plaintiff released this Defendant from any and all liability.
16
17
18
20 TWENTY-SEVENTH AFFIRMATIVE DEFENSE

21 (Denial of liability for any damages
22
27. As a twenty seventh and separate affirmative defense to each and every cause of
23
action of the complaint, Defendant alleges that the alleged acts and omissions of this Defendant were
24
25 not the actual cause of Plaintiff’s purported damages or injury.
26
27
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- 12 -
ANSWER TO COMPLAINT
3
4
TWENTY-EIGHTH AFFIRMATIVE DEFENSE
5
(Statutory setoff under Code of Civil Procedure § 431.70)
6
7 28. As a twenty eighth and separate affirmative defense to each and every cause of action
8 of the complaint, Defendant alleges that they are entitled to the statutory setoff defense expressed in
9
Code of Civil Procedure § 431.70 in that they have a claim for relief against Plaintiff which
10
constitutes prior payment for the Plaintiff's claim, either in full or in part, and therefore should be set
11
off against any award in the Plaintiff's favor.
12
15
16
TWENTY-NINTH AFFIRMATIVE DEFENSE
17
(Equitable offset)
18
19 29. As a twenty ninth and separate affirmative defense to each and every cause of action
20 of the complaint, Defendant alleges that they are entitled to an equitable offset as stated by the
21 California Supreme Court in Salaman v. Bolt (1977) 74 Cal. App.3d 907, 918 in that they have a
22
claim for relief against Plaintiff which constitutes prior payment for the Plaintiff's claim, either in full
23
or in part, and therefore they are entitled to an equitable offset against any award in the Plaintiff's
24
25 favor.
26
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- 13 -
ANSWER TO COMPLAINT
3
4
5
Be sure to modify these paragraphs to suit your individual
6
situation. Do NOT just use the wording here unless it definitely
7
8
applies to your particular situation. Be advised that the use of
9
10 “boilerplate” affirmative defenses may result in the other party

11
12 filing a demurrer to your answer on the grounds that it fails to

13
14
state sufficient facts to constitute a defense. Modify these
15
defenses to fit the facts of your particular case.
16
17 WHEREFORE, Defendant prays that Plaintiff:

18
1. Take nothing by their complaint;
19
2. That said complaint be dismissed against this Answering Defendant with prejudice;
20
3. For reasonable attorney fees if allowed by contract or statute;
21
22 4. For the costs of suit incurred herein; and
23 5. For such other and further relief as the court may deem just and proper.
24
25
Dated________________ _______________________________________________
26 ANY ATTORNEY OR PARTY
27
28
- 14 -
ANSWER TO COMPLAINT
1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.

3
I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
5 On ____________________ I served the foregoing document(s) described as: ANSWER OF

DEFENDANT______________ TO COMPLAINT OF PLAINTIFF_________ to the following
6
parties:
7
8 NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY

9
[X] (By U.S. Mail) I deposited such envelope in the mail at ______, California
10 with postage thereon fully prepaid. I am readily familiar with the regular and
customary business practice of this office in which mail is duly deposited in
11 the United States Mail at __________, California on the date that it is mailed.
Under the practice it would be deposited with the U.S. Postal Service on that
12
same day with postage thereon fully prepaid at _____, California in the
13 ordinary course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is
14 more than one day after date of deposit for mailing in affidavit.
15
[ ] (By Personal Service) I caused such envelope to be delivered by hand via
16 messenger service to the address above;
17 [ ] (By Facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
18
complete and without error.
19
I declare under penalty of perjury under the laws of the State of California that the foregoing
20 is true and correct.
21 DATED: ______________
22
_______________________________________
23 NAME OF PERSON SERVING PAPERS
24
25
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- 15 -
ANSWER TO COMPLAINT

Sample Answer To An Unverified Complaint For California

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1 Any Attorney or Party

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of _________________

11 Any Plaintiff, ) Case No.

18 To subscribe to my FREE weekly legal newsletter visit

20 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail

23 To view sample document packages sold by LegalDocsPro

26 all other notices before using this document.

14 FIRST AFFIRMATIVE DEFENSE

19 constitute a cause of action against Defendants.

14 after a reasonable opportunity for further investigation or discovery.

20 is barred by the doctrine of estoppel.

8 after a reasonable opportunity for further investigation or discovery.

19 SEVENTH AFFIRMATIVE DEFENSE

2 (Contributory Fault Of Plaintiff)

13 NINTH AFFIRMATIVE DEFENSE

20 Plaintiff’s Complaint or not.

25 TENTH AFFIRMATIVE DEFENSE

26 (Comparative Fault Of Plaintiff)

19 after a reasonable opportunity for further investigation or discovery.

20 TWELFTH AFFIRMATIVE DEFENSE

26 Defendants for overpayments.

13 after a reasonable opportunity for further investigation or discovery.

14 FOURTEENTH AFFIRMATIVE DEFENSE

26 FIFTEENTH AFFIRMATIVE DEFENSE

7 after a reasonable opportunity for further investigation or discovery.

8 SIXTEENTH AFFIRMATIVE DEFENSE

19 SEVENTEENTH AFFIRMATIVE DEFENSE

25 or omissions are not herein admitted.

25 after a reasonable opportunity for further investigation or discovery.

19 after a reasonable opportunity for further investigation or discovery.

20 TWENTY-SECOND AFFIRMATIVE DEFENSE

13 after a reasonable opportunity for further investigation or discovery.

14 TWENTY-FOURTH AFFIRMATIVE DEFENSE

19 will be suffered by Plaintiff are speculative in nature.

7 contained therein is barred by the statute of limitations.

19 after a reasonable opportunity for further investigation or discovery.

20 TWENTY-SEVENTH AFFIRMATIVE DEFENSE

25 not the actual cause of Plaintiff’s purported damages or injury.

10 “boilerplate” affirmative defenses may result in the other party

12 filing a demurrer to your answer on the grounds that it fails to

17 WHEREFORE, Defendant prays that Plaintiff:

22 4. For the costs of suit incurred herein; and

2 I am over the age of 18 and not a party to this action.

5 On ____________________ I served the foregoing document(s) described as: ANSWER OF

8 NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY

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