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“An answer should contain whatever affirmative defenses [sometimes referred to as ‘new matter’] and/or denials that are necessary to controvert the material allegations of the complaint. Its function is to put the case ‘at issue’ as to all important matters alleged in the complaint that defendant does not want to admit. [An answer cannot be used to claim affirmative relief; a cross-complaint must be filed.] However, an answer may raise as an affirmative defense an offset owed to the defendant by the plaintiff Unless extended by stipulation or court order, defendant’s answer is due within 30 days after service of the complaint. [The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period.] Where the complaint is based on a contract providing for arbitration of disputes, defendant may file a petition to compel arbitration in lieu of an answer.”

[California Practice Guide: Civil Procedure Before Trial [citations to primary sources omitted]]

Post Author: lawofficesofjamesrdickinson