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socrateaser
socrateaser, Attorney
Category: Business Law
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Experience:  Retired (mostly)
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I filed a complaint in superior court against 3 individuals.

Resolved Question:

I filed a complaint in superior court against 3 individuals. their counsel filed the response, and it included a verification statement at the end by 2 of the individuals, but not the 3rd...is the verification required if someone else is acting on your behalf?...if not, what are the verifications for?
Submitted: 5 years ago.
Category: Business Law
Expert:  socrateaser replied 5 years ago.
A verified answer is required when the plaintiff files a verified complaint.

A verified complaint is used when the plaintiff seeks to have the defendant answer specifically to each paragraph of the complaint. Failure to answer specifically permits the plaintiff to move to strike a "general denial" or an unverified specific denial and then move for summary judgment based upon the nonexistence of any defense by the defendant.

Some legal actions require a verification or they are subject to being stricken (e.g., complaint for injunction).

If one defendant did not verify the answer, and if you verified your complaint, then you can move to strike the answer as to that defendant and simultaneously move for summary judgment against the defendant.

Hope this helps.

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Customer: replied 5 years ago.
is there a civil procedure or other examples or guidelines that help me craft the motion to strike an answer because it was not verified...I imagine they will simply have the other defendant then add a verification...but just in case...
Expert:  socrateaser replied 5 years ago.
There's nothing available online. You need to visit the county law library and review California Forms of Pleadings and Practice, Mathew Bender. This is a $4,500.00 volume of just about every possible legal pleading required in any California civil action.

Hope this helps.

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