Legal Question in Personal Injury in California

Re: Procedure Question

No. However, you may need to deal with these defenses as the litigation proceeds. You will not be able to obtain summary judgment, for example, unless you can defeat every affirmative defense as a matter of law.

If the case goes to trial, the defendant will usually have the burden of proving these defenses. You will need to conduct discovery on them, though, so you can respond to any argument that might be made on these defenses at trial.

Re: Procedure Question

You can file a demurrer or motion to strike against an answer but it is optional and not done in most cases.

Re: Procedure Question

Your question has been directed to me as I specialize in personal injury.

No. Most of the defenses are irrelevant and thrown in in a boilerplate manner. But others may give you a hint as to what their arguments might be later on. Good luck.

Sincerely,

SAM M. EAGLE, ATTORNEY AT LAW

10101 SLATER AVENUE SUITE #218

FOUNTAIN VALLEY, CA 92708

PHONE: 714) 963-5123

FAX: 714) 964-9993

E-MAIL: WWW.FIRMS.FINDLAW.COM/EAGLELAW007

Re: Procedure Question

Most ANSWERS will contain "stock" affirmative defenses which may seem totally baseless; you need not reply. However, upon receipt of the ANSWER, you should now begin DISCOVERY. The other party is required to respond to questions, requests to produce documents, and admitt facts. You need to handle the exchange of expert witnesses properly, another critical stage in the litigation. It is an enormous task, even for the most gifted, for a lay person (and please forgive me if the term is offensive to you) to educate himself or herself in time for a sucessful civil action. Please be advised that even attorneys with years of practice make critical mistakes at trial or in the discovery phase, or in the exchange of expert witness information. Therefore, I cannot emphasize enough, that you would be well served by obtaining representation immediately. Please contact me directly at (619) 222-3504.