Objections to Pleadings; Denials and DefensesDenials and Defenses
Section § 431.10
This section explains what makes an allegation in a legal document important or not. A 'material' allegation is crucial to support a legal claim or defense, meaning the case can't stand without it. On the other hand, 'immaterial' allegations are those that don't add any necessary information or relevance to support the claim, might have unsupported demands, and are considered irrelevant. The law allows these irrelevant parts to be removed since they don't affect the overall claim or defense.
Section § 431.20
In a legal case, if one side makes claims in their complaint and the other side doesn't deny them in their response, those claims are assumed to be true. Additionally, if the responding side introduces new information as a defense, it's automatically considered to be disputed by the original side during the trial.
Section § 431.30
This section describes how a defendant should respond to a complaint in a lawsuit. It clarifies that the term 'complaint' also covers a 'cross-complaint,' and 'defendant' includes anyone responding to such a cross-complaint. When answering a complaint, a defendant must either generally or specifically deny the allegations or state new information that serves as a defense. Importantly, the answer cannot claim new affirmative relief. If the complaint isn't verified, a simple denial of the main allegations is enough. If the complaint is verified, the denial must be more detailed, either based on what the defendant knows or believes. When a defendant lacks enough information to respond, they can state this in their answer. Answers can reference specific parts of the complaint and should clearly separate and identify multiple defenses within them.
Section § 431.40
This law allows a defendant, in a case where the value is $1,000 or less, to file a simple written denial instead of a more detailed legal response. They can include any new information for their defense in this document. However, this convenience doesn't apply if they're filing a cross-complaint, which follows the usual requirements. The denial form is provided by the court and doesn't need to be verified.
Section § 431.50
If an insurance company tries to avoid paying out on a claim by saying the real cause of the loss was something not covered, even though the immediate cause was covered, the company must clearly describe in their response how the uncovered event led to the loss or how it caused the covered event to happen. They must also specify where it happened if they're arguing that an uncovered event caused the covered event.
Section § 431.70
If two people both owe each other money at the same time and neither debt is too old, both debts can cancel each other out if one of them sues. Even if the debt would normally be too old to be enforced, you can still use it as a defense to offset the other person's claim against you. However, if you were supposed to bring it up in an earlier lawsuit and didn't, you lose that right. This rule doesn't change just because someone assigned their debt to someone else or has died. A money judgment (court decision about money owed) is included in these rules, and it expires when the time to enforce it expires.