If Complaint verified is responding document also verified??

Asked 5 months ago - Los Angeles, CA

If a Complaint is verified (or should be verified) does the responding document have to be verified (regardless of whether or not the Complaint is actually verified; i.e. Plaintiff forgets to verify Complaint)? Citations would be useful.

Additional information

Also what is the penalty/consequence if a document is supposed to be verified and is not?? For example, if a response is suppose to be verified but is not, what actions can the Plaintiff take??

Attorney answers (3)

  1. Erik Priedkalns

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . In California, if a complaint is verified, the answer must be verified. (Code of Civil Procedure section 446). A general denial is insufficient. (Code of Civil Procedure section 431.30(d).) If the Complaint is not verified, but should be, the responding party can file a demurrer.

  2. Alan Ray Barnes

    Contributor Level 19

    2

    Lawyers agree

    Answered . A verified Complaint requires a verified answer. A Complaint that is required to be verified and is not is subject to a demurrer.

  3. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . it depends on the type of complaint. your lawyer will evaluate the complaint and properly respond for you.

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