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Commonly Asked Questions about Plaintiffs' Motion Response

On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
Your response should cover every paragraph in the complaint and whether you admit or deny each point raised. If you cant remember whether part of the complaint is correct, it may be safer to deny it and avoid relying on your memory. For each point that you admit or deny, include a brief reason why.
You simply need to request that the court deny the defendants motion to dismiss. For example, you could write the following: For the foregoing reasons and all the others discussed in Plaintiffs Complaint, the present Motion to Dismiss should be denied.
Declaration Opposing the Motion It must either be typed on pleading paper or written or typed on Judicial Council Form MC-030, present facts within your (or some other declarants) personal knowledge and be signed by you (or the other declarant) under penalty of perjury.
answer: a defendants response to a plaintiffs initial court filing (called a complaint or petition). An answer normally denies some or all of the facts in the complaint and sometimes includes allegations or charges against a plaintiff, called a cross-complaint. It may also include affirmative defenses.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you dont, the plaintiff can ask for a default. If theres a default, the court wont let you file an Answer and can decide the case without you.