On Mon, 30 Jun 2003 16:12:42 -0700, "Michael Schmidt"
<mschmidt@nospamyho.com> wrote:
I'm filing a pro per answer to a complaint and had a question. (I have 6
different books on per pre and this isn't explained.)
The complaint is on the standard CA Judicial Council Forms. Questions:
1. The first part of the complaint is standard breach of contract, but some
of the boxes are unchecked. I want to answer paragraph-by-paragraph but
what should I do if they leave a box unchecked? My answer numbering won't
match that of the complaint. Not nice & neat, but doesn't matter? Not my
fault complaint isn't nice & neat.
Why do you want to answer in that way? California doesn't require
such an answer (federal does).
In any event, your paragraph numbering doesn't have to match theirs.
You just have to make clear which paragraph of theirs you're
answering.
2. The complaint includes two forms "Causes of Action - Common Counts" with
the check boxes for the allegations prenumbered CC-1, CC-2, etc. How do I
admit/deny these allegations in my answer? I can't just say "paragraph
CC-1" because that would be ambiguous. Would I address it like: "Defendant
dnies the allegations contained in paragraph CC-1 of the First Cause of
Action and demands strict proof". Then do the same for "....in paragraph
CC-1 of the Second Cause of Action"?
As long as you make clear which one you're referring to, I don't see
what difference it makes what the precise language is.
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Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
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