reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 430.60 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 1 - Objections to Pleadings|Section 430.60.

430.60.  A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so, it may be disregarded.(Added by Stats. 1971, Ch. 244.)
CA Civ Pro Code § 430.70 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 1 - Objections to Pleadings|Section 430.70.

430.70.  When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the demurrer, or in the supporting points and authorities for the purpose of invoking such notice, except as the court may otherwise permit.(Added by Stats. 1971, Ch. 244.)
CA Civ Pro Code § 430.80 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 1 - Objections to Pleadings|Section 430.80.

430.80.  (a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed to have waived the objection unless it is an objection that the court has no jurisdiction of the subject of the cause of action alleged in the pleading or an objection that the pleading does not state facts sufficient to constitute a cause of action.(b) If the party against whom an answer has been filed fails to demur thereto, that party is deemed to have waived the objection unless it is an objection that the answer does not state facts sufficient to constitute a defense.(Amended by Stats. 1983, Ch. 1167, Sec. 2.)
CA Civ Pro Code § 430.90 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 1 - Objections to Pleadings|Section 430.90.

430.90.  (a) Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper removal, the time to respond shall be as follows:(1) If the defendant has not generally appeared in either the original or federal court, then 30 days from the day the original court receives the case on remand to move to dismiss the action pursuant to Section 583.250 or to move to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, if the court has not ruled on a similar motion filed by the defendant prior to the removal of the action to federal court.(2) If the defendant has not filed an answer in the original court, then 30 days from the day the original court receives the case on remand to do any of the following:(A) Answer the complaint.(B) Demur or move to strike all or a portion of the complaint if: (i) an answer was not filed in the federal court, and (ii) a demurrer or motion to strike raising the same or similar issues was not filed and ruled upon by the original court prior to the removal of the action to federal court or was not filed and ruled upon in federal court prior to the remand. If the demurrer or motion to strike is denied by the court, the defendant shall have 30 days to answer the complaint unless an answer was filed with the demurrer or motion to strike.(b) For the purposes of this section, time shall be calculated from the date of the original court’s receipt of the order of remand.(Added by Stats. 1995, Ch. 796, Sec. 5. Effective January 1, 1996.)
CA Civ Pro Code § 431.10 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 2 - Denials and Defenses|Section 431.10.

431.10.  (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense.(b) An immaterial allegation in a pleading is any of the following:(1) An allegation that is not essential to the statement of a claim or defense.(2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense.(3) A demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint.(c) An “immaterial allegation” means “irrelevant matter” as that term is used in Section 436.(Amended by Stats. 1986, Ch. 540, Sec. 2.)
CA Civ Pro Code § 431.20 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 2 - Denials and Defenses|Section 431.20.

431.20.  (a) Every material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true.(b) The statement of any new matter in the answer, in avoidance or constituting a defense, shall, on the trial, be deemed controverted by the opposite party. (Added by Stats. 1971, Ch. 244.)
CA Civ Pro Code § 431.30 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 2 - Denials and Defenses|Section 431.30.

431.30.  (a) As used in this section:(1) “Complaint” includes a cross-complaint.(2) “Defendant” includes a person filing an answer to a cross-complaint.(b) The answer to a complaint shall contain:(1) The general or specific denial of the material allegations of the complaint controverted by the defendant.(2) A statement of any new matter constituting a defense.(c) Affirmative relief may not be claimed in the answer.(d) If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a general denial is sufficient but only puts in issue the material allegations of the complaint. If the complaint is verified, unless the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1, the denial of the allegations shall be made positively or according to the information and belief of the defendant. However, if the cause of action is a claim assigned to a third party for collection and the complaint is verified, the denial of the allegations shall be made positively or according to the information and belief of the defendant, even if the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1.(e) If the defendant has no information or belief upon the subject sufficient to enable him or her to answer an allegation of the complaint, he or she may so state in his or her answer and place his or her denial on that ground.(f) The denials of the allegations controverted may be stated by reference to specific paragraphs or parts of the complaint; or by express admission of certain allegations of the complaint with a general denial of all of the allegations not so admitted; or by denial of certain allegations upon information and belief, or for lack of sufficient information or belief, with a general denial of all allegations not so denied or expressly admitted.(g) The defenses shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished.(Amended by Stats. 2003, Ch. 149, Sec. 8. Effective January 1, 2004.)
CA Civ Pro Code § 431.40 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 2 - Denials and Defenses|Section 431.40.

431.40.  (a) Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property in controversy does not exceed one thousand dollars ($1000), the defendant at his option, in lieu of demurrer or other answer, may file a general written denial and a brief statement of any new matter constituting a defense.(b) Nothing in this section excuses the defendant from complying with the provisions of law applicable to a cross-complaint, and any cross-complaint of the defendant shall be subject to the requirements applicable in any other action.(c) The general written denial described in subdivision (a) shall be on a blank available at the place of filing and shall be in a form prescribed by the Judicial Council. This form need not be verified.(Amended by Stats. 1977, Ch. 93.)
CA Civ Pro Code § 431.50 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 2 - Denials and Defenses|Section 431.50.

431.50.  In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he claims that the peril excepted caused the peril insured against, he shall in his answer set forth and specify upon what premises or at what place the peril excepted caused the peril insured against.(Added by Stats. 1971, Ch. 244.)
CA Civ Pro Code § 431.70 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 2 - Denials and Defenses|Section 431.70.

431.70.  Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by one such person, the other person may assert in the answer the defense of payment in that the two demands are compensated so far as they equal each other, notwithstanding that an independent action asserting the person’s claim would at the time of filing the answer be barred by the statute of limitations. If the cross-demand would otherwise be barred by the statute of limitations, the relief accorded under this section shall not exceed the value of the relief granted to the other party. The defense provided by this section is not available if the cross-demand is barred for failure to assert it in a prior action under Section 426.30. Neither person can be deprived of the benefits of this section by the assignment or death of the other. For the purposes of this section, a money judgment is a “demand for money” and, as applied to a money judgment, the demand is barred by the statute of limitations when enforcement of the judgment is barred under Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9.(Amended by Stats. 1982, Ch. 497, Sec. 32. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
CA Civ Pro Code § 432.10 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS|CHAPTER 3 - Objections to Pleadings; Denials and Defenses|ARTICLE 3 - Time to Respond to Cross-Complaint|Section 432.10.

432.10.  A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as to an original complaint.(Added by Stats. 1971, Ch. 244.)
CA Civ Pro Code § 484.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.010.

484.010.  Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 484.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.020.

484.020.  The application shall be executed under oath and shall include all of the following:(a) A statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued.(b) A statement of the amount to be secured by the attachment.(c) A statement that the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.(d) A statement that the applicant has no information or belief that the claim is discharged in a proceeding under Title 11 of the United States Code (Bankruptcy) or that the prosecution of the action is stayed in a proceeding under Title 11 of the United States Code (Bankruptcy).(e) A description of the property to be attached under the writ of attachment and a statement that the plaintiff is informed and believes that such property is subject to attachment. Where the defendant is a corporation, a reference to “all corporate property which is subject to attachment pursuant to subdivision (a) of Code of Civil Procedure Section 487.010” satisfies the requirements of this subdivision. Where the defendant is a partnership or other unincorporated association, a reference to “all property of the partnership or other unincorporated association which is subject to attachment pursuant to subdivision (b) of Code of Civil Procedure Section 487.010” satisfies the requirements of this subdivision. Where the defendant is a natural person, the description of the property shall be reasonably adequate to permit the defendant to identify the specific property sought to be attached.(Amended by Stats. 1982, Ch. 1198, Sec. 30. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
CA Civ Pro Code § 484.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.030.

484.030.  The application shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 484.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.040.

484.040.  No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all of the following:(a) A copy of the summons and complaint.(b) A notice of application and hearing.(c) A copy of the application and of any affidavit in support of the application.(Amended by Stats. 1989, Ch. 693, Sec. 2.)
CA Civ Pro Code § 484.060 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.060.

484.060.  (a) If the defendant desires to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be secured by the attachment, the defendant shall file and serve upon the plaintiff no later than five court days prior to the date set for the hearing a notice of opposition. The notice shall state the grounds on which the defendant opposes the issuance of the order or objects to the amount sought to be secured by the attachment and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. If the defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order.(b) If a defendant filing a notice of opposition desires to make any claim of exemption as provided in Section 484.070, the defendant may include that claim in the notice of opposition filed pursuant to this section.(c) The plaintiff may file and serve upon the opposing party a reply two court days prior to the date set for the hearing.(Amended by Stats. 1990, Ch. 1491, Sec. 6.)
CA Civ Pro Code § 484.070 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.070.

484.070.  (a) If the defendant claims that the personal property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant shall claim the exemption as provided in this section. If the defendant fails to make the claim or makes the claim but fails to prove that the personal property is exempt, the defendant may not later claim the exemption except as provided in Section 482.100.(b) If the defendant desires to claim at the hearing that real or personal property not described in the plaintiff’s application or real property described in the plaintiff’s application is exempt from attachment, in whole or in part, the defendant shall claim the exemption as provided in this section. Failure to make the claim does not preclude the defendant from later claiming the exemption. If the claim is made as provided in this section but the defendant fails to prove that the property is exempt from attachment, the defendant may not later claim that the property, or a portion thereof, is exempt except as provided in Section 482.100.(c) The claim of exemption shall:(1) Describe the property claimed to be exempt.(2) Specify the statute section supporting the claim.(d) The claim of exemption shall be accompanied by an affidavit supporting any factual issues raised by the claim and points and authorities supporting any legal issues raised.(e) The claim of exemption, together with any supporting affidavit and points and authorities, shall be filed and served on the plaintiff not less than five court days before the date set for the hearing.(f) If the plaintiff desires to oppose the claim of exemption, the plaintiff shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. If the plaintiff does not file and serve a notice of opposition as provided in this subdivision, no writ of attachment shall be issued as to the property claimed to be exempt. If all of the property described in the plaintiff’s application is claimed to be exempt and the plaintiff does not file and serve a notice of opposition as provided in this subdivision, no hearing shall be held and no right to attach order or writ of attachment shall be issued and any temporary protective order issued pursuant to Chapter 6 (commencing with Section 486.010) immediately expires.(g) If the plaintiff files and serves a notice of opposition to the claim as provided in this section, the defendant has the burden of proving that the property is exempt from attachment.(Amended by Stats. 1998, Ch. 932, Sec. 14. Effective January 1, 1999.)
CA Civ Pro Code § 484.080 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.080.

484.080.  (a) At the time set for the hearing, the plaintiff shall be ready to proceed. If the plaintiff is not ready, or if he has failed to comply with Section 484.040, the court may either deny the application for the order or, for good cause shown, grant the plaintiff a continuance for a reasonable period. If such a continuance is granted, the effective period of any protective order issued pursuant to Chapter 6 (commencing with Section 486.010) may be extended by the court for a period ending not more than 10 days after the new hearing date if the plaintiff shows a continuing need for such protective order.(b) The court may, in its discretion and for good cause shown, grant the defendant a continuance for a reasonable period to enable him to oppose the issuance of the right to attach order. If such a continuance is granted, the court shall extend the effective period of any protective order issued pursuant to Chapter 6 (commencing with Section 486.010) for a period ending not more than 10 days after the new hearing date unless the defendant shows pursuant to Section 486.100 that the protective order should be modified or vacated.(Added by Stats. 1974, Ch. 1516.)
CA Civ Pro Code § 484.090 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 6.5 - ATTACHMENT|CHAPTER 4 - Noticed Hearing Procedure for Obtaining Writ of Attachment|ARTICLE 1 - Right to Attach Order; Issuance of Writ of Attachment|Section 484.090.

484.090.  (a) At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following:(1) The claim upon which the attachment is based is one upon which an attachment may be issued.(2) The plaintiff has established the probable validity of the claim upon which the attachment is based.(3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.(4) The amount to be secured by the attachment is greater than zero.(b) If, in addition to the findings required by subdivision (a), the court finds that the defendant has failed to prove that all the property sought to be attached is exempt from attachment, it shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220.(c) If the court determines that property of the defendant is exempt from attachment, in whole or in part, the right to attach order shall describe the exempt property and prohibit attachment of the property.(d) The court’s determinations shall be made upon the basis of the pleadings and other papers in the record; but, upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of the additional evidence or points and authorities.(Amended by Stats. 1997, Ch. 222, Sec. 8. Effective January 1, 1998.)