Denials and Defenses in California Civil Action Pleadings

California’s Code of Civil Procedure, in Part 2, Title 6, Chapter 3, Article 2, deals with objections to pleadings, specifically denials and defenses. Section 431.10 defines a “material allegation” in a pleading as one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient for that claim or defense.

In addition, an immaterial allegation in a pleading is (a) not essential to the statement of a claim or defense; (b) neither pertinent to nor supported by an otherwise sufficient claim or defense; or, (c) a demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint. On the other hand, an “immaterial allegation” means “irrelevant matter.”

Section 431.20 provides that every material allegation of the complaint or cross-complaint, not controverted by the answer, must be taken as true.

Section 431.30 defines the terms “complaint” and “defendant.” The answer to a complaint is required to contain the general or specific denial, and a statement of any new matter constituting a defense. However, affirmative relief may not be claimed in the answer. There are also specific rules for verified and not verified complaints.

In addition, 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.

The denials of the allegations 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 admitted. Also, the defenses must be separately stated, and the several defenses must refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished.

Section 431.40 states that, in any action in which the demand, exclusive of interest, or the value of the property in controversy does not exceed $1000, the defendant at his or her option, in lieu of demurrer or other answer, may file a general written denial and a brief statement of any new matter constituting a defense. The general written denial must be on a Judicial Council form.

Section 431.50 specifies that, in an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, then the defendant is required to specify the peril and other required information.

Section 431.70 provides that, where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is then commenced by one person, the other person may assert in the answer the defense of payment in that the two demands are compensated so far as they equal each other.

If the cross-demand would otherwise be barred by the statute of limitations, the relief accorded under this section cannot exceed the value of the relief granted to the other party. Neither person can be deprived of the benefits of this section by the assignment or death of the other. The term “demand for money” is defined.