Denials and Defenses in California Civil Actions

California’s Code of Civil Procedure in Part 2, Title 6, Article 2, deals with objections to pleadings in civil actions. Section 431.10 explains that a material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense. It also defines an immaterial allegation in a pleading.

Section 431.20 provides that every material allegation of the complaint or cross-complaint, not controverted by the answer, must be taken as true. The statement of any new matter in the answer, in avoidance or constituting a defense, must be deemed controverted by the opposite party.

Section 431.30 defines the terms “complaint” and “defendant.” The answer to a complaint is required to contain two specified items. Affirmative relief may not be claimed in the answer. If the complaint is not verified, a general denial is sufficient but only puts in issue the material allegations of the complaint. If the complaint is verified, the denial of the allegations are to be made positively or according to the information and belief of the defendant.

However, if the cause of action is a claim assigned to a third party for collection and the complaint is verified, the denial of the allegations is to be made positively or according to the information and belief of the defendant. 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.

In addition, the denials of the allegations controverted 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 so admitted; or by denial of certain allegations upon information and belief, or for lack of sufficient information or belief, with a general denial of all allegations not so denied or expressly admitted.

Finally, the defenses are to be separately stated, and the several defenses are to 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 provides 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 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.

Section 431.50 states 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, the defendant is required in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against.

Section 431.70 specifies 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 thereafter commenced by one such 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, notwithstanding that an independent action asserting the person’s claim would at the time of filing the answer be barred by the statute of limitations.

However, 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.