This form is a Class Action Complaint. Plaintiffs seek damages and injunctive relief from defendants for liability under the Racketeer Influenced and Corrupt Organizations Act(RICO). Plaintiffs contend that the defendants' actions justify an award of substantial punitive damages against each.
Florida Complaint for Class Action For Wrongful Conduct - RICO - by Insurers
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FAQ
After discussing the claim with the plaintiff's attorney, the defendant must file an answer to the complaint. The answer tells the court in what ways the plaintiff's prima facie case is defective and to assert any affirmative defenses. This is also the time to object if the case has been brought in the wrong court.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
Demurrer. A Demurrer is used to tell the court that the allegations in the complaint do not provide legally sufficient reason for the defendant to be sued. A Demurrer questions only the legal sufficiency of the allegations, not their truth or the plaintiff's ability to prove them.
Answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition). An answer normally denies some or all of the facts in the complaint and sometimes includes allegations or charges against a plaintiff, called a cross-complaint.
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. You should file this within 10 days after the deadline to respond passed. California Rules of Court 3.110(g).
If the Defendant does now show up for the trial, the Plaintiff can ask for a default judgment against the Defendant. For the Judge to grant the default judgment, the Plaintiff still must prove to the Judge that: (1) There is a reasonable probability the Defendant was actually served with the Notice of Claim.
