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I get attorney Steve Fondled here licensed practice law in California and Arizona and welcome back to the attorney Steve whiteboard this video is talking about what is an answer what is an answer to a complaint okay so basically what happens in a litigation is one party called the plaintiff will file a lawsuit okay will file a lawsuit or a complaint okay plate gets filed with the court a summons gets issued by the court the summons tells you must come in and answer your defendant in a lawsuit now you must come in an answer, so you want to as a defendant you want to think about well how am I going to answer okay in Arizona you have twenty days to answer okay in California a defendant has thirty days to answer now in Arizona if it is it's an out-of-state defendant that you're suing that goes to 30 days that extends out to 30 days for out-of-state defendants okay now, so you get this you're a defendant you say how do I respond what do I do what's going on I'm being sued oh my god this is crazy, so you have to make a decision at that point it may be a good point to call a law firm like ourselves a business and real estate law firm to assist you with your case and to evaluate what possible defenses you have maybe you should consider an early settlement maybe you should fight because you have good defenses, and you know maybe there are no grounds for this lawsuit maybe it's a completely frivolous action, so you want to evaluate in way how do I respond to the complaint and the summons you don't want to do nothing if you do nothing what happens they get a default judgment they take a default judgment against you, so you want to be very careful that that doesn't happen, so you have your time to respond okay, so that's what this video is about here so say you're over here you know I'm dropping Ben's left and right so say you're over here, and it's time to respond okay typical your typical responses are going to be filing a what we call a demur and this is California it's filing a demur in Arizona they call it a motion to dismiss and that's basically telling the other party that you have nothing you have absolutely nothing, and I'm filing a motion to dismiss this is frivolous so forth and so on some attorneys will send a letter right here basically saying I got your lawsuit I'm hereby demanding that you dismiss your lawsuit, or I'm going to sue you for malicious prosecution now really malicious prosecution and yes it is a cause of action it is a legal theory that's out there, but you know all you really need to file a complaint is good faith you need good faith that you're filing in reasonable grounds that the laws on your side and that your rights have been violated, so it's not like you have to have proof absolutely certain beyond all reasonable doubt that's not that's not the issue, but sometimes an attorney will send that demand letter right here hoping that they can scare you and get the plaintiff to dismiss the lawsuit, so that's one tactic it's one...
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