What is the test for an answer to a complaint?

California, United States of America


The following excerpt is from Conley v. Lieber, 158 Cal.Rptr. 770, 97 Cal.App.3d 646 (Cal. App. 1979):

Hoelzle v. Fresno County, 159 Cal.App.2d 478, 324 P.2d 74, demonstrates the post-1927 judicial philosophy of liberal construction of answers to complaints. Hoelzle involved a plaintiff's personal injury action seeking damages for the wrongful death of a spouse allegedly caused by the "dangerous and defective condition" of the defendant county's public road and bridge. (Id. at p. 480, 324 P.2d 74.) Defendant, in its answer, stated only that it "denies generally and specifically, each and every, all and singular the allegations of said complaint." (Id.) After a judgment for defendant, plaintiff, like plaintiffs here, appealed, arguing "that the answer admitted the truth of all of the allegations of the complaint, since it did not specifically deny those allegations . . ." (Id. at p. 482, 324 P.2d at p. 76.)

Other Questions


What is the propriety of seeking a ruling that the answer to the original complaint should stand as an answer to an amended complaint? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts or positions in an amended complaint that contradict those in the original complaint? (California, United States of America)
Is there any case law where a defendant is required to answer a complaint that is later amended? (California, United States of America)
Can a plaintiff avoid demurrer by pleading facts in an amended complaint that contradict or omit, harmful allegations pleaded in a previous complaint? (California, United States of America)
What is the effect of the section 998 offer on a complaint and cross-complaint? (California, United States of America)
What is the difference between a third amended complaint and a fourth amended complaint? (California, United States of America)
Does an amended complaint need to include an amended version of the allegations contained in the original complaint? (California, United States of America)
Is a cross-complaint or a complaint judicially admitted? (California, United States of America)
Does the late filing of a complaint in an intervention action require the respondent to respond to the complaint within the time set out in the summons? (California, United States of America)
Is a motion to amend a complaint when a defendant has defaulted open the complaint? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.