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California Answer to a Complaint

California gives you 30 calendar days to answer a complaint under Code of Civil Procedure 412.20. File on form PLD-050 or pleading paper to avoid a default.

Introduction

A California Answer to a Complaint is the written response you file in the Superior Court of California after you are served with a civil summons and complaint. It admits or denies each numbered allegation, raises the affirmative defenses you intend to rely on, and, if you have a related claim of your own, includes a cross-complaint. In a general civil case, Cal. Code Civ. Proc. § 412.20 gives you 30 calendar days from the date the summons is served to file it. What sets a California answer apart is its form. If your case is a limited civil matter of $35,000 or less, you can answer on Judicial Council form PLD-050, the general denial. Otherwise you type the answer on 28-line numbered pleading paper that meets California Rules of Court 2.111, file it with the clerk of the Superior Court named in the summons, and serve a copy on the plaintiff with a proof of service. Miss the deadline and the plaintiff can ask the clerk to enter your default under § 585, after which the court can enter a default judgment you would then have to move to vacate within six months under § 473(b). DocDraft drafts a California-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your deadline is 30 calendar days. In a general civil case, Cal. Code Civ. Proc. § 412.20 gives you 30 calendar days after the summons is served to file your answer. An unlawful detainer answer is faster, due in 10 court days under § 1167.

  2. 2

    The form depends on the size of the case. For a limited civil case of $35,000 or less you can answer on Judicial Council form PLD-050, a general denial. For larger or more detailed cases you type the answer on 28-line numbered pleading paper that meets California Rules of Court 2.111.

  3. 3

    You file with the Superior Court. File the answer with the clerk of the Superior Court named in the summons. Many California courts require electronic filing under California Rules of Court 2.253.

  4. 4

    You must serve the plaintiff and prove it. After filing, serve a copy on the plaintiff or their attorney by mail or electronic service and file a proof of service under Cal. Code Civ. Proc. § 1013.

  5. 5

    There is a filing fee, with a waiver. The first-appearance fee is $435 in an unlimited civil case and about $225 to $370 in a limited civil case. If you cannot afford it, request a waiver on form FW-001.

  6. 6

    Related claims usually must be filed as a cross-complaint. If you have a claim against the plaintiff arising from the same transaction, California generally requires you to plead it as a cross-complaint under Cal. Code Civ. Proc. § 426.30, or you can lose the right to bring it later.

  7. 7

    Know the California defenses. The statute of limitations on a written contract is four years under Cal. Code Civ. Proc. § 337, a frequent defense in debt cases along with improper service, payment, and, for debt buyers, lack of standing.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY]

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows. (For a limited civil case of $35,000 or less, a general denial on Judicial Council form PLD-050 may be used instead of the paragraph responses below.)

RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny and on that basis denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

AFFIRMATIVE DEFENSES First Affirmative Defense: [e.g., the claim is barred by the four-year statute of limitations on a written contract under Code of Civil Procedure section 337]. Second Affirmative Defense: [e.g., the alleged debt has been paid]. [Add each affirmative defense you intend to rely on.]

CROSS-COMPLAINT (if any) [State any related claim you have against the Plaintiff arising from the same transaction or occurrence. Under Code of Civil Procedure section 426.30 a related claim generally must be pleaded or it is waived.]

PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court enter judgment in Defendant's favor, deny the relief sought in the Complaint, award costs of suit, and grant any further relief the Court deems just.

Dated: [DATE] [SIGNATURE] [DEFENDANT NAME], Defendant [In Pro Per] [ADDRESS / PHONE / EMAIL]

PROOF OF SERVICE I certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [mail / electronic service] under Code of Civil Procedure section 1013. [SIGNATURE]

California Requirements for Answer to a Complaint

30-Day Answer Deadline

In a general civil case, file your answer within 30 calendar days after the summons is served, under Cal. Code Civ. Proc. § 412.20. An unlawful detainer answer is due within 10 court days under § 1167.

PLD-050 or 28-Line Pleading Paper

Use Judicial Council form PLD-050, a general denial, for a limited civil case of $35,000 or less, or type the answer on 28-line numbered pleading paper meeting California Rules of Court 2.111.

Superior Court Caption

A caption naming the Superior Court of California and the county where the case was filed, with the parties and case number exactly as shown on the summons.

File With the Superior Court Clerk

The original answer filed with the clerk of the Superior Court named in the summons. Many California courts require electronic filing under California Rules of Court 2.253.

Proof of Service on the Plaintiff

A copy served on the plaintiff or their attorney by mail or electronic service, with a proof of service filed under Cal. Code Civ. Proc. § 1013.

Filing Fee or FW-001 Waiver

The first-appearance filing fee, about $435 in an unlimited civil case and $225 to $370 in a limited civil case, or a fee-waiver request on form FW-001 if you cannot afford it.

Applicable Affirmative Defenses

Each affirmative defense you rely on, such as the four-year statute of limitations on a written contract under Cal. Code Civ. Proc. § 337, improper service, or payment.

Cross-Complaint If Any

Any related claim against the plaintiff arising from the same transaction, which California generally requires you to plead as a cross-complaint under Cal. Code Civ. Proc. § 426.30.

Frequently Asked Questions

In a general civil case, Cal. Code Civ. Proc. § 412.20 gives you 30 calendar days after the summons is served to file your written answer. The deadline is shorter for an unlawful detainer (eviction), which is due within 10 court days under § 1167, and small claims requires no written answer at all because you appear at the hearing under § 116.310. Missing your deadline can lead to a default judgment.

For a limited civil case of $35,000 or less, you can use Judicial Council form PLD-050, the general denial. For an unlimited civil case, or when you need to respond to the complaint paragraph by paragraph, you type the answer on 28-line numbered pleading paper that meets California Rules of Court 2.111.

File the original answer with the clerk of the Superior Court named in your summons. Many California courts require electronic filing under California Rules of Court 2.253. After filing, you serve a copy on the plaintiff or their attorney and file a proof of service under Cal. Code Civ. Proc. § 1013.

The first-appearance fee is $435 in an unlimited civil case and about $225 to $370 in a limited civil case. If you cannot afford the fee, you can ask the court to waive it by filing form FW-001, based on receipt of public benefits or income below the court's threshold.

The plaintiff can apply to the clerk to enter your default under Cal. Code Civ. Proc. § 585, and the court can then enter a default judgment for what the complaint requests. You may be able to set the default aside within six months under § 473(b) by showing mistake, inadvertence, surprise, or excusable neglect, but the reliable path is to file on time.

Yes, and you may be required to. Under Cal. Code Civ. Proc. § 426.30, a related cause of action you have against the plaintiff arising from the same transaction generally must be filed as a cross-complaint, or you can lose the right to raise it later. You file the cross-complaint together with or shortly after your answer.