San Diego California Answer to Alternate Complaint

State:
Multi-State
County:
San Diego
Control #:
US-L0107B
Format:
Word; 
Rich Text
Instant download

Description

This document is in answer to a complaint filed by a former partner who has requested an accounting his former partnership, and who alleges other egregious acts on the part of his former partners. The answer denies the allegations and provides five affirmative defenses.

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FAQ

Specifically, this Note explains how to respond to the complaint's allegations, assert defenses, compute and extend the time to answer, and serve and file the answer. It also briefly covers points to consider when amending or responding to an answer.

There are three steps to respond to a complaint. Answer each issue of the complaint. Assert affirmative defenses. File the answer with the court and serve the plaintiff with answer.

(d) Except as otherwise provided in this section, when a defendant fails to file a timely answer, the defendant waives any right to further review of the penalties and assessments imposed in the initial decision. (e) The initial decision becomes final 30 days after it is issued.

If the papers are not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers. Papers which start an action (Summons, Petition, Request for Order, etc) must be filed first and then served on the other person(s).

San Diego Superior Court Division Addresses: Central DivisionCentral DivisionSouth County Division1100 Union Street San Diego, CA 92101330 W. Broadway San Diego, CA 92101500 3rd Avenue Chula Vista, CA 91910

If the server is trying to serve the papers at the other party's work, then the papers can be left with someone at the office that appears to be in charge and is at least 18 years old. The server must tell the person that he or she hands the papers to that they are legal documents for the other party.

If the plaintiff is self-represented, it gets served on the plaintiff. The person who does this for you must fill out a Proof of Service By First Class Mail-Civil (POS-030) form. File your Answer to the Complaint, Cross-Complaint, and Proof of Service by First Class Mail with the court at the same time.

What Happens if the Documents Cannot Be Served? If a process server is unsuccessful in serving the person, the attorney may file a motion with the court asking to serve the person in another manner. The court may grant a motion to serve by public notice.

If you do not respond If you do not file a response within 30 days after you were served, the plaintiff can file a form called Request for Default, which means you have defaulted and can no longer respond to the lawsuit to defend yourself.

It is not uncommon for people to avoid service of process in California. For instance, some individuals will hide out on private property, or change their appearance to avoid being served. Fortunately, even if a person avoids a process server, the court will not give up.

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Five PERT police officers were at our home five minutes after we made the call. If you'd like to file a complaint with CPUC, click here.The General Denial Form You can use this form if you disagree with the entire complaint. Can out-of-state visitors come to the Zoo and Safari Park? Dial 3-1-1 (outside city limits: 210.207. If you are filing a complaint about harassment, do not fill out a Williams Complaint Form. FILL OUT THE FORM: Make sure to be as detailed as possible. This is the official fill-in-the-blanks form to answer a breach of contract case. News from San Diego's North County, covering Oceanside, Escondido, Encinitas, Vista, San Marcos, Solana Beach, Del Mar and Fallbrook.

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San Diego California Answer to Alternate Complaint