What is the test for denying allegations in an answer to a civil matter?

California, United States of America


The following excerpt is from Torigian v. WT Capital Lender Servs., F068393 (Cal. App. 2015):

The answer to a complaint is required to contain "[t]he general or specific denial of the material allegations of the complaint controverted by the defendant" and "[a] statement of any new matter constituting a defense." (Code Civ. Proc., 431.30, subd. (b)(1), (2).) When the complaint is verified, the answer is required to be verified. (Id., 446, subd. (a).) A general denial is not appropriate in a verified answer. (City of Hollister v. Monterey Ins. Co. (2008) 165 Cal.App.4th 455, 476, fn. 19.) Rather, "the denial of the allegations shall be made positively or according to the information and belief of the defendant." (Code Civ. Proc., 431.30, subd. (d).) "If the defendant has no information or belief upon the subject sufficient to enable him or her to answer an

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