skippy1960 Posted May 2, 2010 Report Share Posted May 2, 2010 Summons and Complaint recieved have filed answer in timely fashion. Doing some review I have some questions related to California Civil Procedure and Code.Complaint is filed under Civil Code 1812.10 "action on a contract or installment account". Complaint filed using Judicial Coucil Forms for California.The following Forms, Sum-100, PLD-C-001(20), PLD-C-001(2), CM-010. No other documents attached. Everything signed by attorney for OC.At the bottom of PLD-C-001(20) under where the attorney signed it states (if you wish to verify this pleading, affix verification). According to CCC1812.10 © it says the Plaintiff shall file an affidavit stating the facts....further "If plaintiff fails to file an affidavit or state facts in a verified complaint required by this section, no further proceedings may occur, court shall move upon its own motion or upon motion of any party, dismiss action without prejudice.My question is this pleading considered verfied by virtue of the attorney filing it, or should there have been an affidavit by the Plaintiff or the attorney. The simple pleading form has no langague that states "asserts in the truth of belief in the truth" as quoted in CCP 446 dealing with pleadings.If it isn't verfied when would be a good time to move for dissmissal and let them start over? Link to comment Share on other sites More sharing options...
annabananasf Posted May 6, 2010 Report Share Posted May 6, 2010 A verification is usually attached as a separate page. The attorney can verify the complaint but the verification needs to include a statement as to why the attorney rather than the client is signing (ie, client is out of the county). if there's no verification, did you include a general denial in your answer? Link to comment Share on other sites More sharing options...
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