How to Draft an Answer to a California Complaint

What Is an Answer?

An Answer is the most common response to a civil complaint. It serves two purposes:

Respond to allegations — For each paragraph in the complaint, you admit, deny, or state you lack sufficient information to admit or deny
Assert affirmative defenses — Raise legal reasons why you should win even if the plaintiff's facts are true

Filing an Answer preserves your right to defend the case on the merits and proceed to discovery.

General Denial vs. Verified Answer

California allows two types of answers, depending on whether the plaintiff's complaint is verified.

Feature	General Denial	Verified Answer
When to Use	Complaint is NOT verified	Complaint IS verified (signed under penalty of perjury)
Format	Single statement denying all allegations	Paragraph-by-paragraph response + verification signature
Amount Limit	Damages must be ≤ $1,000 (CCP § 431.40)	No limit
Signature	Attorney or party signature	Must be signed under penalty of perjury
Complexity	Simple, one page	Detailed, mirrors complaint structure

When You MUST File a Verified Answer

If the complaint is verified (look for a verification page at the end with a signature under penalty of perjury), your answer must also be verified. An unverified answer to a verified complaint can be stricken.

How to Respond to Each Allegation

For each numbered paragraph in the complaint, you must choose one of these responses:

1. Admit

Use when the allegation is true and undisputed. Example: "Defendant admits the allegations in Paragraph 1."

2. Deny

Use when the allegation is false. Example: "Defendant denies the allegations in Paragraph 5."

3. Lack Sufficient Information

Use when you genuinely don't know if the allegation is true. This has the effect of a denial. Example: "Defendant lacks sufficient knowledge or information to admit or deny the allegations in Paragraph 8, and on that basis denies them."

Pro Tip: Don't Over-Deny

Denying obviously true facts (like your name or that a contract exists) can damage your credibility with the judge. Admit what's true, deny what's false, and use "lack information" sparingly for things you genuinely can't verify.

Affirmative Defenses

Affirmative defenses are legal arguments that defeat the plaintiff's claim even if their factual allegations are true. You must raise them in your Answer or risk waiving them.

Common Affirmative Defenses

Statute of Limitations The plaintiff waited too long to sue. Contract claims: 4 years written, 2 years oral. Fraud: 3 years. Personal injury: 2 years.

Waiver The plaintiff gave up their right to sue through their conduct or express statements.

Estoppel The plaintiff's own actions or statements prevent them from asserting their claim.

Unclean Hands The plaintiff engaged in wrongful conduct related to the subject matter of the lawsuit.

Failure to Mitigate Damages The plaintiff didn't take reasonable steps to reduce their losses.

Accord and Satisfaction The parties already settled the dispute, and the plaintiff accepted payment.

Payment / Performance You already paid or performed your obligations under the contract.

Comparative Fault The plaintiff's own negligence contributed to their damages.

Fraud in the Inducement You were tricked into the contract through misrepresentation.

Lack of Standing The plaintiff isn't the right party to bring this lawsuit.

Waiver Warning

Some affirmative defenses must be raised in your first responsive pleading or they're waived forever. When in doubt, include the defense. You can always withdraw it later, but you can't add it after waiver.

Sample Answer Structure

Here's the basic structure of an Answer to a California complaint:

              
answer-to-complaint.txt

[CAPTION - Case name, court, case number]

ANSWER TO COMPLAINT

Defendant [YOUR NAME] answers Plaintiff's Complaint as follows:

RESPONSE TO ALLEGATIONS

1. Responding to Paragraph 1: Defendant admits.

2. Responding to Paragraph 2: Defendant denies.

3. Responding to Paragraph 3: Defendant lacks sufficient
   knowledge or information to admit or deny, and on
   that basis denies.

[Continue for each paragraph...]

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE
(Statute of Limitations)
Plaintiff's claims are barred by the applicable
statute of limitations.

SECOND AFFIRMATIVE DEFENSE
(Failure to Mitigate)
Plaintiff failed to mitigate damages.

[Additional defenses...]

WHEREFORE, Defendant requests that Plaintiff take
nothing by this action and that Defendant recover
costs and such other relief as the Court deems proper.

Dated: _______________

_______________________
[Your name]
Defendant in Pro Per
[or Attorney for Defendant]

[If verified complaint, add VERIFICATION page]

Filing Requirements

Before You File

Check if complaint is verified Look for verification page at end — if yes, your answer must be verified too

Use correct form number Judicial Council form PLD-050 (Answer—Contract) or draft your own pleading

Include case number and department Match the caption from the complaint exactly

Pay filing fee Unlimited civil: ~$435-450. Limited civil: ~$225. Fee waiver available if qualified.

Serve plaintiff's attorney Mail or e-serve a copy to plaintiff's counsel (or plaintiff if pro se)

File proof of service File POS-030 or POS-040 showing you served the answer