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Do I need to file a verified answer to a lawsuit from the city (in California)?

Bankruptcy and Debt 6 views 3 answers
My city filed a nuisance claim for civil penalties and a request for preliminary injunction against a property. The complaint is not verified and there is no affidavit on the request for the preliminary injunction. Can I use the general denial form when I answer?

Attorney Answers

3
Mark Eisenberg ·
In an action where a state, county or local government entity or agency, or any officer thereof in his or her official capacity is plaintiff, the defendant must file a verified answer unless (1) the answering defendant is also a government entity, public agency, etc., or (2) if an admission of the truth of the complaint might subject the answering party to a criminal prosecution. See Code of Civil Procedure section 446.
0 upvotes
Sagar Parikh ·
Yes, you can include the general denial form. Be sure to include affirmative defenses.
0 upvotes
Henry David ·
It is very unlikely that the city did not file a declaration in support of its request for a preliminary injunction. Look at the case docket on the court's website to see if there is a declaration and if so, download it. Or you could call the City's attorney and ask, but that risks them fixing their error if they did forget to submit the declaration.
0 upvotes

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