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.
California Answer to Alternate Complaint
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FAQ
A response to a cross-complaint generally must be filed within 30 days of being served with the cross-complaint. Code of Civil Procedure 432.10. If you learn later that you need to file a cross-complaint you can make a motion to ask for an order allowing you to file a cross-complaint.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
Go to the courthouse address listed at the top of the Complaint you were served with. At the courthouse, file the forms by giving the original and the 2 copies of the Answer and Proof of Service to the clerk. The clerk will stamp the forms. The court will keep the original and return the copies to you.
The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint. The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b) -(d).
You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
In California, if you are answering the verified complaint, every single paragraph must be answered with denial or an admission. The verification also needs to be signed by the defendant or their attorneys stating they have read the answers and that everything is correct to the best of their knowledge.
If they didn't file any response If the defendant didn't file a response by the deadline, the next day you can ask the court to end their chance to respond and to rule in your favor. This is called asking for entry of a default.
If you were served by substituted service, meaning the Summons and Complaint were given to someone else in your household or your place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response.
