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If Complaint verified is responding document also verified??

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.

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??

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Attorney answers 3


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.



Thanks. What if the responding document is supposed to be verified but is not (i.e. Answer is not verified)?? Then what actions can the Plaintiff take?


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


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

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