Responses

Question 1

Responses - Fed

Answer 1

w/in 21 days of service [12 motion denied = answer w/in 14 days]

1. Rule 12 Motion: (i) pj, venue, service: waived if not in 1st; (ii) state a claim, indispensable party: thru trial; (iii) SMJ always
2. Answer: admit/deny/lack info (control); affirmative defenses; counterclaims

Question 2

Responses - CA

Answer 2

w/in 30 days of service [motion to quash denied = answer/demur w/in 15 days]

1. Motion to Quash: service, PJ
2. Motion to Dismiss/Stay for Inconv. Forum: venue
3. Gen Demurrer: cause of action, SMJ
4. Spec. Demurrer: minor defenses (not ltd.)
   [5 day meet and confer + work it out req’d]
5. Answer: admit, deny, lack info; ult facts constituting affirmative defense
6. Cross Claim against other