When filing a lawsuit in California, the original complaint may be either verified or unverified. If it is verified, the plaintiff makes assertions under the pains and penalties of perjury. A verified complaint also forces the defendant to respond to the lawsuit with a verified answer.
Definition. A verified complaint is a sworn document in which the plaintiff tells the court the facts of the case and states what relief is sought.
This may be by a sheriffs officer or a private process server. Delivery may also be made at the defendant's home to a member of the household at least 14 years of age. If personal service cannot be made, then the plaintiff has the option of serving the papers by regular and certified mail.
If the answer is not verified, the allegations of the complaint are deemed admitted and the plaintiff can move for judgment on the pleadings or move to strike the answer and take judgment by default.
Defendants must file a written answer to the complaint within 35 days of the date shown on the summons. Each defendant must file a separate answer. If you have evidence showing that you do not owe the amount claimed, such as receipts, attach copies of those papers to every copy of your answer.
To obtain an Order to Show Cause for injunctive relief, the requesting party must show the court that the situation at hand could cause serious and irreparable harm to the moving party if the court does not act. This has also been described as “immediate and irreversible harm” to the movant.
Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
To obtain an Order to Show Cause for injunctive relief, the requesting party must show the court that the situation at hand could cause serious and irreparable harm to the moving party if the court does not act. This has also been described as “immediate and irreversible harm” to the movant.