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LBTN Chapter 4 - "Appearance By Defendant"
This chapter of Litigation By The NumbersŪ-Fourth Edition ("LBTN"), discusses some of the ways in which a defendant might respond to the complaint, e.g., Answer, General Denial, demurrer, and motion to strike (dealt with in the Motions Chapter). It also explains cross-complaints, particularly the difference between the procedures when the cross-complaint names the plaintiff or other party as opposed to a new party, the latter requiring the issuance of a Summons on Cross-Complaint and personal service on the cross-defendant.
California Civil Litigation and Discovey adds a great deal on this subject. It begins with a discussion of the motion to quash service of summons, explaining the need for a special appearance, and the grounds for bringing the motion (procedural defect in service; lack of constitutionally sufficient basis for assertion of jurisdiction). It discusses the answer, including admissions, denials, and affirmative defenses. It discusses waiver of affirmative defenses. It contains hints for drafting the answer, including inconsistent defenses and avoidance of negative pregnants. It discusses the various grounds and means with which one might attack the complaint (by way of demurrer or motion to strike), and addresses the pros and cons of doing so.
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*Some of the excerpts themselves may not be from the most current version of the book. DISCLAIMER.*
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