GCW Posted March 31, 2009 Report Share Posted March 31, 2009 Where do I start answering this?The first page is PARTIES, then JURISDICTION then FACTUAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION then a few pages in it gets to FIRST CAUSE OF ACTION then SECOND and THIRD.THANKS Link to comment Share on other sites More sharing options...
admin Posted March 31, 2009 Report Share Posted March 31, 2009 First cause of action. Link to comment Share on other sites More sharing options...
calawyer Posted March 31, 2009 Report Share Posted March 31, 2009 Look at CCP 431.30-40 and see if you can use one of these forms:http://www.courtinfo.ca.gov/forms/fillable/pld050.pdfhttp://www.courtinfo.ca.gov/forms/fillable/pldc010.pdf Link to comment Share on other sites More sharing options...
GCW Posted March 31, 2009 Author Report Share Posted March 31, 2009 I start at first cause of action, how do I number the responses? the line number on the side of the form or with the number 13 which starts under the heading of First Cause of Action?thanks Link to comment Share on other sites More sharing options...
calawyer Posted March 31, 2009 Report Share Posted March 31, 2009 The forms are easier and you will avoid having to answer paragraph by paragraph. Link to comment Share on other sites More sharing options...
GCW Posted March 31, 2009 Author Report Share Posted March 31, 2009 I just checked them out, thanks for the link. Am I correct that the numbers in the text are the paragraph numbers? What are the numbers along the side called?Thanks Link to comment Share on other sites More sharing options...
calawyer Posted April 1, 2009 Report Share Posted April 1, 2009 The numbers in the text are paragraph numbers. In California, we file all of our pleadings on numbered paper unless a form is used. They are just called "line numbers" usually. Link to comment Share on other sites More sharing options...
admin Posted April 1, 2009 Report Share Posted April 1, 2009 They are just called "line numbers" usually.I hate that tough legalese. Link to comment Share on other sites More sharing options...
GCW Posted April 1, 2009 Author Report Share Posted April 1, 2009 Can I answer with a Demurmer? There was nothing attached with the summons? Seems like the simple effective answer? If so, what form is that on?Thanks again Link to comment Share on other sites More sharing options...
merrybucks Posted April 2, 2009 Report Share Posted April 2, 2009 Can I answer with a DemurmerAre they claiming breach of contract? Link to comment Share on other sites More sharing options...
calawyer Posted April 2, 2009 Report Share Posted April 2, 2009 I can't tell you whether a demurrer would win under the cuircumstances but a demurrer is a responsive pleading. This means that if you file it in a timely manner, your default will not be taken. If you lose, the judge will order you to file an answer to the complaint within___days. The grounds for a demurrer are found in the code of civil procedure: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=430.10-430.90A demurrer is not a form. You prepare on that special "lined paper" that Admin likes so much Google around and you will find exemplars. Link to comment Share on other sites More sharing options...
GCW Posted April 2, 2009 Author Report Share Posted April 2, 2009 yes they are claiming breach of contract yet there is no contract attached. I am going with the demurrer. Now just tell me where I find the blank numbered paper online.....Thanks all Link to comment Share on other sites More sharing options...
merrybucks Posted April 2, 2009 Report Share Posted April 2, 2009 A sample demurrer can be found at http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142&page=4 Link to comment Share on other sites More sharing options...
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