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Should the complaint be verified in state or federal court?

Los Angeles, CA |
Filed under: Litigation

I want to prepare a complaint for ADA discrimination. I have been researching about filing a complaint and see many in federal and state courts don't use verified complaints. Is there a reason that unverified complaints are better?

Thank you for all the responses. It was a public entity suit ( I know, all the attorneys says its really tough).

Attorney Answers 3

Posted

A verified complaint is "better" because if forces the defense to provide a verified response, but an unverified complaint is "better" because you don't have to be so sure about your allegations and you don't have to worry about making damaging admissions. If you're acting pro per and asking this type of questoin on a free public site, I doubt you're sure about anything in this process.

Employment litigators generally work on a contingency basis, meaning the plaintiff pays no legal fees unless and until they win their case. So filing an ADA case pro per signals to the defense, if the complaint itself doesn't, that the case has no merit because there's no lawyer.
See an employment litigator for help. There are many lawyers that specialize in these claims and know what they're doing.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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Marilynn Mika Spencer

Marilynn Mika Spencer

Posted

Employment law is complicated and fact specific. You may wish to speak with an experienced plaintiffs employment attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area. I hope you can resolve your situation and wish you the best.

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

See CCP 446: When a corporation is a party, the verification may be made by any officer thereof. When the state, any county thereof, city, school district, district, public agency, or public corporation, or an officer of the state, or of any county thereof, city, school district, district, public agency, or public corporation, in his or her official capacity is plaintiff, the complaint need not be verified; and if the state, any county thereof, city, school district, district, public agency, or public corporation, or an officer of such state, county, city, school district, district, public agency, or public corporation, in his or her official capacity is defendant, its or his or her answer need not be verified.

Posted

The common practice is to NOT verify the complaint, unless a specific statute requires that the complaint be verified. The reason is because a verified complaint can be used against the plaintiff, just like any other declaration, as binding evidence in the case. Essentially, the plaintiff is locked in to each and every statement contained in the verified complaint.

On the other hand, the advantage (strategically) of verifying a complaint in some lawsuits, however, is that it forces the defendant to file a verified answer (which can be used as evidence).

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.

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Posted

Generally complaints are not verified unless specifically required such as with an unlawful detainer.

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Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

The answer might be different if the plaintiff or the defendant is a public entity.

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