(a) Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property in controversy does not exceed one thousand dollars ($1000), the defendant at his option, in lieu of demurrer or other answer, may file a general written denial and a brief statement of any new matter constituting a defense.
§ 431.40.General Written Denial and Statement of New Matter Constituting Defense If Amount In Controversy Not In Excess of $1,000
Title 6. Of the Pleadings In Civil Actions · Chapter 3. Objections to Pleadings; Denials and Defenses · Article 2. Denials and Defenses · Last amended 1977 · Last verified July 28, 2026
In one sentenceSection 431.40 lets a defendant in an action for $1,000 or less file a general written denial on a Judicial Council form, unverified, instead of a demurrer or other answer, without excusing compliance with cross-complaint rules.
Full Text of § 431.40
(b) Nothing in this section excuses the defendant from complying with the provisions of law applicable to a cross-complaint, and any cross-complaint of the defendant shall be subject to the requirements applicable in any other action.
(c) The general written denial described in subdivision (a) shall be on a blank available at the place of filing and shall be in a form prescribed by the Judicial Council. This form need not be verified.
Plain-English Summary
Section 431.40 offers a shortcut for small-dollar cases. When the demand, excluding interest, or the value of the property in controversy does not exceed $1,000, subdivision (a) lets the defendant file a general written denial and a brief statement of any new-matter defense, instead of a demurrer or other answer.
Subdivision (c) requires that denial to be on a blank form prescribed by the Judicial Council, available where the defendant files, and it need not be verified. Subdivision (b) makes clear this shortcut does not excuse the defendant from the ordinary rules for cross-complaints — any cross-complaint the defendant files is subject to the same requirements as in any other action.
Frequently Asked Questions
When can a defendant use a general written denial instead of an answer in California?
Section 431.40(a) allows it when the demand, excluding interest, or the value of the property in controversy does not exceed $1,000.
Does the general written denial under § 431.40 need to be verified?
No. Section 431.40(c) states the form need not be verified.
Does filing a general written denial excuse a defendant's cross-complaint from the usual rules?
No. Section 431.40(b) makes clear any cross-complaint the defendant files remains subject to the requirements applicable in any other action.
Amendment History
Amended by Stats. 1977, Ch. 93.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: small claims general denial california$1000 general denialgeneral written denial