§ 431.30.General Denial; Denial Made Positively Or According to Information and Belief of Defendant

Section 431.30 sets the ground rules for answers. Subdivision (a) extends the term "complaint" to include a cross-complaint and "defendant" to include anyone answering a cross-complaint, so the rest of the section applies equally to cross-actions.

Subdivision (b) lists what the answer must contain: a general or specific denial of the material allegations the defendant controverts, and a statement of any new matter that constitutes a defense. Subdivision (c) forecloses using the answer to seek affirmative relief — a defendant who wants relief of its own files a cross-complaint, not an answer.

Subdivision (d) sets different denial standards depending on the complaint. If the complaint falls under the Economic Litigation procedures for limited civil cases in Article 2 (commencing with § 90) of Chapter 5.1 of Title 1 of Part 1, or if it is not verified, a general denial is enough, though it puts in issue only the material allegations. If the complaint is verified — and does not fall under that same Article 2 — the denial must be made positively or on information and belief. One exception cuts back the other way: if the cause of action is a claim assigned to a third party for collection and the complaint is verified, the denial must be positive or on information and belief regardless of Article 2. Subdivision (e) lets a defendant who lacks enough information or belief to answer an allegation say so and deny on that basis.

Subdivisions (f) and (g) cover form. Denials may reference specific paragraphs or parts of the complaint, or combine an express admission of some allegations with a general denial of the rest, or deny certain allegations on information and belief (or for lack of it) while generally denying everything else. And every defense must be stated separately, referring to the causes of action it answers clearly enough that a reader can tell them apart.