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as to whether the allegations in the following paragraphs are true:
5, 6, 7, 13, 14, 15, 16
D. Defendant admits only the following parts of each paragraph listed
below, and denies or does not know enough to say whether the rest of the paragraph is true:
Paragraph 2 : I admit only that I am a citizen of the state of California.
Paragraph 11 : I admit only that I visited the Plaintiff at his house on May 3, 2014.
4. List your defenses. An affirmative defense is an argument that Plaintiff’s claim should fail for
some procedural or legal reason. The purpose of an affirmative defense is to give enough notice of
your defenses so that Plaintiff and the Court understand your argument. In Section 2 of your
Answer, include all affirmative defenses that you may have. If you leave something out, the Court
may not let you argue that the defense applies later in the case. If you don’t know the right legal
terms for your defenses, just explain your reasons clearly in your own words. If you are not sure
about your defenses, contact the Legal Help Center (see page 1).
Example 1: Statute of Limitations
Plaintiff sued Defendant in 2010 for stealing his expensive sports car. The car was stolen
in 1990 and Plaintiff has known about the theft since then. California has a three-year statute of
limitations on lawsuits alleging theft of personal property, so Plaintiff only had until 1993 (three
years after the theft) to file his lawsuit. In his Answer, Defendant will explain that Plaintiff’s
lawsuit should be dismissed because the statute of limitations has expired.
Example 2: Assumption of the Risk
Defendant teaches surfing lessons. Before allowing Plaintiff to become a student,
Defendant required Plaintiff to sign an agreement that stated, “I understand that surfing is a
dangerous activity and I voluntarily and knowingly assume the risk of injury during these
surfing lessons.” During a lesson, a big wave caused Plaintiff to hit his head on his surfboard.
Plaintiff sued Defendant for his injury. In his Answer, Defendant will explain that Plaintiff’s
lawsuit should be dismissed because Plaintiff assumed the risk of injury. In other words,
Plaintiff knew the risks and took the lessons anyway.
5. OPTIONAL: Write your own claims. Although it is not common, sometimes defendants bring
their own claims against the plaintiff or another person in response to a lawsuit. If your claims are
related to same events or facts as those stated in the Complaint, then you must include them in your
Answer or you could lose your right to make those claims in the future. A Counterclaim is a
complaint by the defendant against the plaintiff. A Crossclaim is a complaint by one defendant
against another defendant, or against someone who is not yet part of the lawsuit. For example, you
may file a crossclaim if another person caused some of the injuries for which Plaintiff is suing you.
If you want to make a Counterclaim or Crossclaim, be sure to check the box for “Counterclaim” or
“Crossclaim” on the first page of the Answer. Next, in the Counterclaim or Crossclaim section,
identify who you are suing. Then, write in the type of claim you have or the law that was violated.
Starting with Paragraph 3, write in the facts supporting your claim. Put each fact into a separate,
