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Different atty from atty of record filed an unverified answer to my verified complaint against defendants-a company and its ownr

San Francisco, CA |

I filed a veified complaint in a CA superior court, and the defendant has just now filed an unverified general answer. Also, the defendant's attorney did not file the answer, a completely different law firm filed and served it.
Nothing has been filed to change atty or law firm,
What can or should I do?

This is an unlimited civil case in superior court.

Attorney Answers 3

  1. Best answer

    Procedurally, the proper response is for you to file a Motion to Strike pursuant to California Code of Civil Procedure sections 435 and 436.

    California Code of Civil Procedure § 435 authorizes a defendant to move to strike matters from complaints. Section 435(b)(1) states in pertinent part:

    "Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof …"

    California Code of Civil Procedure § 436 provides grounds upon which the court may strike portions of a complaint, and provides as follows:

    "The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper

    (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.

    (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court."

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

  2. I agree with Mr. Chen. In an unlimited case, if the plaintiff filed a verified complaint and the defendant filed an unverified complaint, the plaintiff should file a motion to strike the unverified answer. This is only a pleading defect which means if you don't object, you waive the defect.

    Jason J.L. Yang, Esq. is admitted to practice law in California and therefore, all posts are based on California law. The posts do not constitute legal advice and does not create an attorney/client relationship.

  3. You can move to strike the answer on the grounds that it was not verified. Generally, a verified complaint must be verified with a few exceptions. The attorney firm filing the answer should have filed a substitution of attorney. Contact my office if you wish to discuss.