1. law, govt and politics

Sacramento County Public Law Library
& Civil Self-Help Center
609 9th Street
Sacramento, CA 95814
(916) 874-6012
www.saclaw.org
ANSWER-CONTRACT
Responding to a Breach of Contract
Lawsuit
Disclaimer: This Guide is intended as general information only. Your case may have
factors requiring different procedures or forms. The information and instructions are
provided for use in the Sacramento County Superior Court. Please keep in mind that
each court may have different requirements. If you need further assistance, consult
a lawyer.
FORMS
The Judicial Council forms commonly used in this procedure are:
• Answer-Contract (PLD-C-010) www.courts.ca.gov/documents/pldc010.pdf
• Request to Waive Court Fees (FW-001) www.courts.ca.gov/documents/fw001.pdf
• Order on Court Fee Waiver (FW-003) www.courts.ca.gov/documents/fw003.pdf
• Proof of Service by Mail (POS-030) www.courts.ca.gov/documents/pos030.pdf
In addition, customizable templates for some commonly used non-Judicial Council
forms may be downloaded from these links:
• Affirmative Defenses (Attachment 4) www.saclaw.org/uploads/files/forms/Attach4.pdf
• Verification www.saclaw.org/uploads/files/forms/Verification.rtf
BACKGROUND
When a lawsuit is started against you, the Plaintiff will have you served with a Summons
and Complaint. These documents formally notify you that a lawsuit has been initiated,
and what the lawsuit is about. You will also receive an Alternative Dispute Resolution
packet, which provides information about resolving your case out of court, and a
Program Case Notice, which will list important deadlines you must meet in your case.
You have three basic options once you are sued:
1) Respond to the lawsuit. If you believe you have a valid legal defense to this lawsuit
and wish to defend yourself, you will need to file a response. There are many
methods for responding to this type of lawsuit. One common method is to file an
Answer. This Guide provides information about filing an Answer to a Breach of
Contract case. For more information about your other responsive options, see the
Legal Resource Guide on Responding to a Lawsuit on our website at
www.saclaw.org/pages/responding-lawsuit.aspx.
You have 30 days from the day you received the papers in person, or the day you
were “served,” to file a written response in proper legal form. If you received the
documents by “substituted service,” that is, if the papers were left with someone at
your home or office and later mailed to you, you have 40 days after the date the
documents were mailed to file a written response in proper legal form. Your 30 (or
40) days start the day after service. If the 30th (or 40th) day falls on a weekend or
court holiday, you have until the end of the next business day to file your papers.
Your Summons will probably have a date stamped near the bottom. This is the date
the documents were filed with the court, not the date you were served.
2) Allow the plaintiff to obtain a default judgment. Many people who do not have a
valid legal defense to this type of case choose not to respond. (Note: not having the
money to make payments is NOT a valid legal defense! See the Legal Resource
Guide on Affirmative Defenses on our website at www.saclaw.org/
pages/affirmative-defenses.aspx for more information). If you do not respond to the
lawsuit, the other party may get a default judgment against you. This means that the
other party wins, and the court will not consider anything you have to say. Although
this may sound bad, for many people it is the quickest, least expensive way to
resolve the case. To file a response to the lawsuit, you will have to pay a court filing
fee of $225-$435, based on the amount you’re being sued for (see
www.saccourt.ca.gov/fees/docs/fee-schedule.pdf for the current fee schedule),
unless you qualify for a fee waiver (see Step 2 for more information on obtaining a
fee waiver). If you lose the case, you will be responsible for the other party’s court
and attorney fees. If you do not respond and the judgment is obtained by default,
these fees are usually less because the attorney has spent less time working on the
case.
Once a default judgment is entered against you, the plaintiff may begin collection
efforts, such as garnishing your wages or levying your bank account. You may be
able to reduce or stop the amount being taken, if you can show the court that the
funds are exempt from collection. For more information, see the Step-by-Step guide
on How to File a Claim of Exemption from Wage Garnishment on our website at
www.saclaw.org/pages/claim-exemption.aspx, and the Step-by-Step guide on How
to Ask the Court to Stop or Reduce a Bank Levy on our website at
www.saclaw.org/pages/claim-exemption-bank-levy.aspx. You may also be able to
ask the court for permission to pay the judgment in installments over time. For more
information, see the Step-by-Step guide on filing a Motion to Pay Judgment in
Installments on our website at www.saclaw.org/pages/motion-installments.aspx. The
judgment will appear on your credit report for at least seven years. The judgment
can be renewed, and re-reported on your credit report until paid in full.
3) Try to negotiate a settlement. You can attempt negotiations at any time during
your case. Your negotiations do not automatically stop the lawsuit. The other party
can proceed with a default judgment against you unless you file a response with the
court. If you attempt negotiations prior to filing a response, you may want to ask the
other party for additional time to reply to the lawsuit, in case your negotiations fall
through. Be sure any agreement you reach in writing.
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If you reach a settlement, the other party should dismiss your case using a Request
for Dismissal (CV-110) www.courts.ca.gov/documents/civ110.pdf. The first question
on this form indicates if the case is being dismissed “With Prejudice” or “Without
Prejudice.” This indicates whether the case may be refiled in the future. “With
Prejudice” means the case is permanently dismissed; the plaintiff is waiving the right
to refile. This is common if the plaintiff agrees to accept, and the defendant pays, a
lump-sum payment. “Without Prejudice” means that the case is dismissed, but the
plaintiff reserves the right to refile the case if necessary. This is common if the
plaintiff agrees to allow payments over time. If you miss a payment, they may refile
the lawsuit.
If the plaintiff agrees to dismiss the case, you can make sure the dismissal is
entered with the court by checking online. In Sacramento County, you are able to
access your court file online at any time from www.saccourt.ca.gov. For instructions,
see the Step-by-Step guide on Finding Your Sacramento County Superior Court
Case Online on our website at www.saclaw.org/pages/case-lookup.aspx.
For more information to help you make your decision about responding to the lawsuit,
see the “Being Sued” page from the California Courts Self Help Website at www.courts.
ca.gov/1322.htm.
Step-by-Step Instructions
STEP 1: REVIEW THE SUMMONS AND COMPLAINT
Carefully read the Summons and Complaint you receive, to determine the specifics of
the case, including who is suing you, why you are being sued, and the amount being
demanded. You may not recognize the plaintiff’s name; it’s possible that your debt has
been assigned to a third party for collection. This is legal, and very common, especially
for cases related to debts such as credit cards and medical bills. The complaint will
usually specify who originally held your contract.
You will then need to determine if an Answer is appropriate for your case. You may
want to consider other responsive options. For more information about your other
responsive options, see the Legal Resource Guide on Responding to a Lawsuit on our
website at www.saclaw.org/pages/responding-lawsuit.aspx.
STEP 2: FILL OUT YOUR PAPERS
If you decide to file an Answer, there are several forms you’ll need to complete. Blank
and sample forms are available at the end of this packet.
Answer-Contract (PLD-C-010). This is the official fill-in-the-blanks form to answer a
breach of contract case. This form may be used in any Superior Court in California.
Affirmative Defenses (Attachment 4). In your Answer, you can present information or
evidence that reduces or eliminates your liability, even if the allegations in the complaint
are true. These are called “affirmative defenses.” Affirmative defenses are the legal
reason why, even if everything happened just as described by the plaintiff, you should
not be held liable.
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Your affirmative defenses must be raised in your Answer, and all facts essential to
supporting the particular defense must be included. If you do not raise a particular
defense in your Answer, you will be prohibited from using or raising it later on.
(California Code of Civil Procedure (CCP) §431.30(b)(2)); Ekstrom v. Marquesa at
Monarch Beach Homeowners Ass'n, 168 Cal. App. 4th 1111 (2008) (available online at
www.tinyurl.com/Ekstrom-v-Marquesa)).
There many affirmative defenses available. The Affirmative Defenses (Attachment 4)
form describes the most common defenses to a breach of contract case. For more
information, see the Legal Resource Guide on Affirmative Defenses on our website at
www.saclaw.org/pages/affirmative-defenses.aspx.
Although the Sacramento County Superior Court will accept this form for filing when
attached to the Answer-Contract (PLD-C-010), every court has its own procedures and
policies. Be sure to check with the court where you’re filing to see if they will accept this
form. After reviewing this form, you may decide that none of the affirmative defenses it
describes apply to your case. If you choose not to raise any of these defenses, you do
not need to use this form.
Verification. This form is only needed if you are responding to a verified complaint.
Sometimes a Plaintiff will include a Verification with their Complaint, where they state
under penalty of perjury that everything in the Complaint is true to the best of their
knowledge. California law requires some types of Complaints to be verified, while for
other types of Complaints it is optional. Read the Complaint carefully, to determine if it is
verified. Sometimes a Verification will be separate from the complaint; other times it will
be included at the end of the Complaint itself. Under CCP § 446, if a Plaintiff verifies an
Unlimited Civil Complaint (over $25,000), the Defendant must also verify his or her
Answer. If your Answer is verified, the verification becomes the last page of your Answer.
Fee Waiver forms
If you wish to ask the court to waive all or part of your court filing fees, or allow you to
make payments over time, you will need to complete the Request for Fee Waiver (FW001) and Order on Fee Waiver (FW-003). For more information, see the Step-by-Step
guide on Fee Waivers available at the end of this Guide, and on our website at
www.saclaw.org/pages/fee-waiver.aspx.
Proof of Service by Mail (POS-030). Complete the caption of the form with the
Defendant’s name and address, the court’s information, and the names of the Plaintiff
and Defendant. You may also complete Question 5 regarding the name and address of
the person served. Your server will complete the rest of this form and sign it. For more
information, see the Step-by-Step guide on Proof of Service by Mail available at the end
of this Guide, and on our website at www.saclaw.org/pages/pos-mail.aspx.
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FOR HELP
The Civil Self-Help Center provides assistance in completing all of these forms to
Sacramento County residents and those with cases in the Sacramento County Superior
Court. To receive an appointment, simply arrive at the Law Library by 8:30 a.m.,
Monday through Friday. Appointments are assigned in a random order determined by a
lottery at 8:30 a.m. (not first-come, first-served), so there is no need to arrive earlier, but
if you are not here by 8:30 a.m. you may not receive an appointment.
Plan your parking (and child care, if needed) so that you do not have to leave the Law
Library during the lottery to feed the parking meter. The lottery is usually over by 9:00
a.m. Directions and parking and transit information are available at www.saclaw.org.
For more information, call our Reference Desk at (916) 874-6012, or email reference
@saclaw.org.
If you would prefer to complete the forms on your own, you can find instructions at the
end of this Guide, and from: Win Your Lawsuit KFC 968 .Z9 D86 (Self-Help) Chap. 8.
Electronic access is available from any computer (Library or home) via the Legal
Information Reference Center. Instructions are available on our website at www.saclaw
.org/pages/nolo-ebooks.aspx.
STEP 3: MAKE COPIES OF YOUR COMPLETED FORMS
• Answer (PLD-C-010), Affirmative Defenses (Attachment 4) and Verification–
2 copies
One copy will be served on the Plaintiff’s attorney (or the Plaintiff if he or she
doesn’t have an attorney). The original and the other copy will be filed with the
court. The court will keep the original and return the copy to you after it is
stamped. The stamped copy is for your records.
• Request to Waive Court Fees (FW-001) and Order on Court Fee Waiver (FW003) – 2 copies
Only if you are filing a fee waiver. These will not be served to the other party.
STEP 4: SERVE THE ANSWER
Someone over the age of 18 who is not a party to the case must serve your documents.
This service can be done by mail. Before mailing your documents, this person must fill
out a Proof of Service by Mail (POS-030). In Step 2, you completed several questions
on this form; your server will need to finish the form by adding his or her address and
the date and location of mailing. They should not sign this form yet.
Make one photocopy of the completed (but unsigned) POS-030. Attach this copy of the
unsigned Proof of Service to one of the copies of your Answer. This is the packet of
forms your server will mail for you. After depositing this packet of documents in the mail,
your server must sign the original Proof of Service by Mail (POS-030), and return it to
you for filing.
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STEP 5: COPY THE SIGNED PROOF OF SERVICE
Make one (1) copy of the signed Proof of Service by Mail (POS-030). It is not necessary
to copy the instruction page.
STEP 6: ASSEMBLE YOUR PAPERS FOR FILING
After service, you will need to file your documents with the court. Assemble your packet
as follows:
• Request to Waive Court Fees (FW-001) plus one copy beneath it, if requesting
fees to be waived. The original will be unstapled in Sacramento, while the copy is
stapled.
• Order on Court Fee Waiver (FW-003) plus one copy, if requesting fees be
waived. The original will be unstapled in Sacramento, while the copy is stapled.
• Answer (PLD-C-010) (with Affirmative Defenses and Verification, if used), plus
one copy. The original will be unstapled in Sacramento, while the copy is stapled.
• Signed Proof of Service by Mail (POS-030), plus one copy. This proof of service
can be attached as the last page of the Answer when filing. If this is the case,
then the original Proof of Service should be attached to the original Answer, and
the copy of the Proof of Service should be attached to the copy of the Answer.
STEP 7: FILING/FEES
Your Answer-Contract documents are filed in the drop box in Room 100 in the
Sacramento Superior Court at 720 Ninth Street. Fill out and attach the Civil Document
Drop-Off Sheet (www.saccourt.ca.gov/forms/docs/cv-drop-off-sheet.pdf), and date
stamp the back of the original packet. A supply of Civil Document Drop-Off Sheets,
Credit Card Authorization Forms (www.saccourt.ca.gov/forms/docs/cv-201.pdf), and a
date stamp are located near the drop box. Following the instructions posted at the drop
box, place the unstapled original document packet plus one copy of the packet in the
drop box, along with a check or Credit Card Authorization Form for the filing fee, or the
fee waiver forms if you are requesting to have the filing fee waived. The court will
process the paperwork, and return a copy, stamped “Endorsed/Filed,” to the filing party.
The court will retain the original papers for its file.
No filing fees will be collected at the time of filing if you also file a Request to Waive
Court Fees (FW-001). You should receive the Order on Court Fee Waiver (FW-003) in
about five court days.
If you are not requesting your fees be waived (or if your fee waiver is denied), your filing
fee is based on the amount asked for in the Complaint. Check the current fee schedule
at www.saccourt.ca.gov/indexes/fees-forms.aspx.
Your filing fee, called a “first appearance fee,” is only paid with the first paper that you
file in a lawsuit. Most other documents filed later do not have a filing fee, or will have a
much lower filing fee.
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NEXT STEPS
Serving and filing your Answer are just the first steps in your case. There will be many
more documents for you to file and serve throughout the lawsuit. It will likely be several
months before you go to court. As a self-represented litigant, you are responsible for
knowing what is happening in your case. In Sacramento County, you are able to access
your court file online at any time from www.saccourt.ca.gov. Be sure to check often, to
make sure you’re not missing anything. For more information, see the Step-by-Step
guide on Finding Your Sacramento County Superior Court Case Online at the end of
this Guide and on our website at www.saclaw.org/pages/case-lookup.aspx.
Discovery
The next step in a civil case is usually discovery. Discovery procedures allow the parties
to exchange documents, evidence, and other information before going to court.
Discovery is a very important part of a lawsuit, and failure to comply with discovery rules
and timelines can result in monetary sanctions.
FOR HELP
The Civil Self Help Center offers assistance with discovery on Thursday afternoons:
Introduction to Written Discovery Class
1:30 pm - 3:30 pm 1st & 3rd Thursday.
Come to understand what discovery is, how to answer questions you received by mail
and how you can use discovery yourself. Bring a USB flash drive to download sample
forms. The Law Library sells 1GB USB drives for $10 at the Circulation Desk.
Discovery Lab
1:30 pm - 3:30 pm 2nd & 4th Thursday.
Work on your discovery requests or responses in this drop-in computer lab. Bring your
USB flash drive with your requests or responses. No entrance after 3:15 pm. Lab closes
promptly at 3:30 pm.
On the Web:
The Sacramento County Public Law Library offers numerous Step-by-Step guides and
instructional videos on the discovery process at www.saclaw.org/pages/discoverytopic.aspx.
At the Law Library:
Win Your Lawsuit KFC 968 .Z9 D86 (Self Help) Chap. 10
Electronic Access: From any computer (Library or home) via the Legal Information
Reference Center. Instructions are available on our website at www.saclaw.org/
pages/nolo-ebooks.aspx.
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Case Management
For Unlimited Cases (over $25,000), the court will also require periodic status reports
from the parties, called Case Management Statements. The court will mail out a Notice
of Case Management Conference, which includes an order to serve and file a Case
Management Statement no later than fifteen days before the case management
conference. Failure to file a Case Management Statement will result in more paperwork
for you, and possibly in sanctions, including striking all or part of your pleadings;
dismissing all or part of your case; entering a default judgment against you; and/or
ordering that you pay reasonable costs, including attorney fees, to the court and to the
other parties. For more information, see the Step-by-Step guide on Case Management
Statements on our website at www.saclaw.org/pages/case-management.aspx.
FOR HELP
On the Web:
Completing Your Case Management Statement (48:54)
www.saclaw.org/video2/cms.htm
This video provides background on the Case Management Program and explains how
to fill out the forms.
Note: a new page has been added to the form, which is not yet covered in the video.
The Step-by-Step guide on Case Management Statements on our website at
www.saclaw.org/pages/case-management.aspx includes the latest information.
At the Law Library:
Win Your Lawsuit KFC 968 .Z9 D86 (Self Help) Chap. 12
Electronic Access: From any computer (Library or home) via the Legal Information
Reference Center. Instructions are available on our website at www.saclaw.org/pages/
nolo-ebooks.aspx.
The Tentative Ruling Process
In Sacramento County, Case Management Orders and most types of Motions are
subject to the Tentative Ruling process. For these types of proceedings, the judge
renders a decision the court day before the scheduled hearing date. The tentative ruling
is available by 2 p.m. the day prior to the scheduled hearing. The tentative ruling will
become the final ruling on the matter, unless either party asks for the hearing to be held.
If you would like the judge to hear oral arguments on the matter, you must notify the
other party, the other party’s attorney, and the department clerk of your intent to appear
at the hearing no later than 4 p.m. the day before the scheduled hearing. If you do not
give this notice, your hearing will be taken off the schedule. The tentative ruling will
become the final ruling of the court. For more information, see the Step-by-Step guide
on the Tentative Ruling System on our website at www.saclaw.org/pages/tentativerulings.aspx.
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Your name, address and
phone number. “In Pro Per”
means you’re representing
yourself.
Enter the party names,
exactly as they appear
on the Complaint
Court name, address,
and branch
Check this box and enter
the plaintiff’s name
Check this
box if the
complaint is
not verified,
and you wish
to deny
every claim
in the
complaint. If
you check
this box, skip
to the next
question
If you need additional
space to write your
statement you may
check the box and
attach a page labeled
“Attachment 3b(1)” or
“Attachment 3b(2)” at
the end of this form.
Case number
Enter your name, as it appears on the Complaint
If the Complaint is verified, you MUST check 3b. List the
number for each paragraph or question on the Complaint
that you claim are false. If you’ve checked 3a, do not
complete 3b.
List the number for each paragraph or question on the
Complaint that you don’t know is true or false. If you’ve
checked 3a, do not complete 3b.
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The total
number of
pages in your
Answer. This
includes
attachments
such as the
Affirmative
Defenses and
Verification.
Enter the party names. For individuals,
you can list only the last names
Case number
If you want to assert any affirmative defenses, you can
either list them here, or check the “Continued” box and
include an attachment such as the Affirmative Defenses
form. The form is already labeled “Attachment 4.” If you
use a different attachment, label it “Attachment 4.”
If you have any other information you need to include in your
Answer, check this box and write in that information here.
If you would like the other party to
reimburse you for court fees and
other costs if you win this case,
check box 6b.
Print your name and sign.
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Sacramento County Public Law Library
609 9th Street
Sacramento, CA 95814
(916) 874-6012
www.saclaw.org
AFFIRMATIVE DEFENSES
Legal Defenses to a Lawsuit
When answering a lawsuit, defendants can present information or evidence that
reduces or eliminates their liability. These are called “affirmative defenses.” Affirmative
defenses are the legal reason why, even if everything happened just as described by
the plaintiff, the defendant should not be held liable.
All defenses, supporting facts, and “new matters” constituting a defense must be
included in the Answer (Calicornia Code of Civil Procedure (CCP) § 431.30(b)(2)). If you
do not raise a particular defense in your Answer, you will be prohibited from using or
raising it later on (see Ekstrom v. Marquesa at Monarch Beach Homeowners Ass'n, 168
Cal. App. 4th 1111 (2008) (available online at http://tinyurl.com/Ekstrom-v-Marquesa)).
There are hundreds of available affirmative defenses - too many to list here. There are
some affirmative defenses that may fit most case types and others that are specific to
particular causes of action. A few of the common affirmative defenses that may apply to
most types of cases include:
Running of the Statute of Limitations. CCP §§ 312-366.3 sets time limits for filing
most types of lawsuits. This defense may apply if the complaint was filed after the time
period allowed by law.
Example: Under California Law, cases for breach of written contract must be started
within 4 years from the date the contract is breached. If a creditor sues you, and it has
been more than 4 years since your last payment or other activity on the credit card,
you may raise this defense. The creditor has missed the statute of limitations for this
type of case.
Failure to State a Cause of Action. A complaint must include at least one cause of
action, which is the legal theory upon which the lawsuit is based. Each cause of action
has certain elements that must be included in the complaint and proved at trial. This
defense may apply if the plaintiff has failed to state the necessary elements in their
cause(s) of action.
Example: In a complaint for injury for breach of contract, the plaintiff must allege
several elements: that a contract existed; that the plaintiff performed his or her part of
the contract; that the defendant did not perform his or her part of the contract; and that
the plaintiff was damaged by the defendant’s breach of the contract. If the plaintiff does
not state one or more of these elements in his complaint, the defendant may raise this
defense.
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Laches. Plaintiffs are required to act promptly to enforce their rights. This defense may
apply if the plaintiff waited a long time to file the lawsuit without a good reason for the
delay, and if the delay made it difficult for you to defend yourself, or causes you
increased damages. The defense of laches is only available in cases where equitable
relief, such as an injunction, is sought. This defense is not available in cases where the
plaintiff is seeking money damages.
Example: The plaintiff intends to sue the defendant, but knows that the defendant has a
very strong witness. The plaintiff also knows that the defendant’s witness is terminally ill,
with just a year to live. The plaintiff, without good cause, waits until this witness dies to
file the case, harming the defendant’s ability to defend the matter. In this case, laches
could apply because the plaintiff waited unreasonably long to file suit, and the
defendant’s ability to defend the case was severely prejudiced as a result.
Waiver and Estoppel. These two defenses are closely related. They are based on the
concept that if the plaintiff says one thing and the defendant relies upon it, but then the
plaintiff does another thing, the plaintiff may be held to what they said or did first.
Example: During a phone negotiation, a representative from the credit card company
tells you that the remaining balance on an account has been forgiven. Even if this
forgiveness is not documented in writing, you may use this promise as a defense if the
creditor later sues you for this debt.
Failure to Mitigate Damages. A Plaintiff cannot collect money from a defendant if they
could have reasonably prevented or reduced their damages. This defense may apply if
the plaintiff acted in a way to make the damages worse, or refused to act reasonably to
minimize the damages.
Example: You sign a one year lease, but have to move for work just a few weeks later.
The landlord makes no effort to find a new tenant, and at the end of the year sues you
for the entire year’s worth of missed rent payments. You may have a defense of Failure
to Mitigate Damages because the landlord made no effort to minimize his losses by
looking for a new tenant.
Unjust Enrichment. Absent a law that establishes the amount of damages (statutory
damages), or where the parties agree in advance on the amount of damages (liquidated
damages), a plaintiff may only recover compensatory damages for the amount of harm
experienced. If a plaintiff seeks to recover more than what is owed, more than required
to compensate for the harm experienced, or more than is permitted under statute or the
contract, the plaintiff’s recovery could be limited by this defense.
Example: If a plaintiff loaned $10,000 without interest, and $5,000 is paid back before
the contract was breached, the plaintiff cannot seek damages in excess of the $5,000
(but could ask for pre-judgment interest from the date the Complaint is filed).
Quantum Meruit. If a plaintiff and defendant do not agree upon the price of a good or
service before it is provided, or if the goods or service are only partly provided, the
plaintiff’s recovery is limited to the fair market value of the goods or services actually
provided.
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Example: If a contractor leaves the job without completing it, and then sues for
payment, the judgment would be limited by this defense to the fair value of the work
performed and materials provided. Likewise, if emergency room services are provided
to a patient without the opportunity to review and negotiate the price, the hospital’s
recovery might be limited to the fair value of the services performed if the amount billed
exceeds the services’ fair market value.
Lists of common affirmative defenses for several popular causes of action can be found
from these websites:
Negligence:
http://www.courts.ca.gov/partners/documents/affirmativedefensenegligence.doc
Motor Vehicle:
http://www.courts.ca.gov/partners/documents/affirmativedefensemotorvehicle.doc.doc
Breach of Contract:
https://saclaw.org/uploads/files/forms/Attach4.pdf
Unlawful Detainer:
http://www.courts.ca.gov/partners/documents/udstep2a.pdf
There are many more affirmative defenses that may apply to your case. You will need to
research each cause of action in your case to determine if you have any affirmative
defenses. To research possible affirmative defenses for your case, see:
California Affirmative Defenses KFC 995 .S38
Electronic Access: On the Law Library’s computers, using WestlawNext.
California Civil Courtroom Handbook and Desktop Reference KFC 995 .Z9 T46
Discussion §§12:8 – 12:11
Electronic Access: On the Law Library’s computers, using WestlawNext.
California Civil Practice: Procedure KFC 995 .A65 B3
Discussion §§9:74 – 9:115
Electronic Access: On the Law Library’s computers, using WestlawNext.
California Civil Procedure Before Trial KFC 995 .C34
Discussion §§25:30 – 25:86
Electronic Access: On the Law Library’s computers, using OnLaw.
California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Reference)
List of Affirmative Defenses §§26.150-26.313
Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.
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VERIFICATION
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2
3
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I have read the foregoing Answer- Contract and know its contents.
I am a party to this action. The matters stated in the foregoing document are true of my own
knowledge except as to those matters which are stated on information and belief, and as to those
matters I believe them to be true.
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Executed on
, 20
, at
(city), California.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
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(Print Name)
(Signature)
Defendant, In Pro Per
Sacramento County Public Law Library
& Civil Self-Help Center
609 9th Street
Sacramento, CA 95814
(916) 874-6012
www.saclaw.org
FEE WAIVERS
Ask the Court to Waive or Lower Court Fees
Disclaimer: This guide is intended as general information only. Your case may have
factors requiring different procedures or forms. The information and instructions are
provided for use in the Sacramento County Superior Court. Please keep in mind that
each court may have different requirements. If you need further assistance, consult a
lawyer.
The Judicial Council forms commonly used in this procedure are:
•
•
Request to Waive Court Fees (FW-001)
www.courts.ca.gov/documents/fw001.pdf
Order on Court Fee Waiver (FW-003)
www.courts.ca.gov/documents/fw003.pdf
BACKGROUND
California Government Code §§ 68630 et. seq. permit the court to waive court fees and
costs for litigants in certain financial situations.
Your court fees may be waived if:
• You are receiving public benefits such as Medi-Cal, Food Stamps, General
Assistance, Cal-Works, SSI, SSP, etc.
• Your household income is at least 125% below federal poverty guidelines, as
shown on form FW-001.
• The court finds that you do not have enough income to support your family AND
pay court fees.
The court may also order partial payment of court fees, or allow payments to be made
over time.
You are required to notify the court if your financial situation changes, or if you settle
your case out of court. The court may require you to pay the previously waived fees.
The forms requesting a fee waiver require you to provide detailed financial information.
This information will remain confidential.
You must sign your fee waiver request under the penalty of perjury. All answers must be
accurate and complete. The court cannot require proof of your finances when you
submit your application for a fee waiver. At a later date, though, the court may require
you to verify any statements made in your application.
Step-by-Step Instructions
STEP 1: COMPLETE THE REQUIRED FORMS
• Request to Waive Court Fees (FW-001)
• Order on Court Fee Waiver (FW-003)
Instructions for completing these forms are available at the end of this packet.
STEP 2: COPYING AND ASSEMBLING
Make two (2) copies each of the Request to Waive Court Fees (FW-001), and the Order
on Court Fee Waiver (FW-003). The original should be left unstapled, while the copies
are stapled.
STEP 3: FILE YOUR DOCUMENTS
Fee Waiver forms should be filed along with your other court documents. The court will
not accept your court documents without either the fees or the fee waiver forms. Fee
waiver forms will not be accepted unless accompanied by other documents.
STEP 4: WAIT FOR THE COURT RULING
Within five days, the court will rule on your request. You will be notified by mail of the
court’s decision. If the court makes no order within five days, your waiver is
automatically granted. If your fee waiver is granted, you will be able to proceed with
your case. NOTE: You may have to pay these fees at a later date. See Steps 8 and 9
for more information.
STEP 5: IF YOUR REQUEST IS DENIED
If your request is denied, one of three things may happen:
1. If your request was denied because your papers were incomplete, you will have 10
days to either submit a revised application or pay the filing fees. The court will indicate
on an Order on Court Fee Waiver (FW-003) what is missing from your original request
forms. Revise your forms, being sure to include what was missing.
2. If your request was denied because you are ineligible for a fee waiver, you have 10
days to either pay the filing fees or request a hearing. To request a hearing, use a
Request for Hearing About Court Fee Waiver (FW-006), available online at
www.courts.ca.gov/documents/fw006.pdf. The court will schedule a hearing and notify
you of the date using a Notice on Hearing About Court Fees (FW-007).
3. If the court needs more information, they will set a hearing. The hearing date will be
indicated on the Order on Court Fee Waiver (FW-003).
If you do not either pay the fees, revise your request, or a request a hearing within 10
days, the court will cancel all of the papers you have filed in your case.
STEP 6: ATTEND THE FEE WAIVER HEARING
If a hearing is scheduled on your fee waiver, be sure to bring any documents or
witnesses you have that help prove your financial condition. If this hearing was
scheduled at the court’s request, the court may have indicated what proof you need on
the Order on Court Fee Waiver (FW-003). Bring all documents the court requested.
2
After the hearing, the court will grant or deny your fee waiver request, and provide you
with the ruling on an Order on Court Fee Waiver After Hearing (FW-008).
STEP 7: IF YOUR REQUEST IS DENIED AFTER A HEARING
If your request is denied, or if the court orders partial or installment payments, you must
pay the required fees within ten days or the court will cancel all the papers you have
filed in your case.
STEP 8: DURING YOUR CASE
If your financial situation improves during your case, you must inform the court within
five days using a Notice to Court of Improved Financial Situation or Settlement (FW010), available online at www.courts.ca.gov/documents/fw010.pdf. If the court believes
that your financial situation has changed, you may receive a notice to attend a hearing
to reconsider your fee waiver. The court will send you a Notice to Appear for
Reconsideration of Fee Waiver (FW-011), to notify you of the hearing date. In either of
these situations, if the court determines that your improved financial situation allows you
to afford court fees, you will be required to pay the previously waived fees.
STEP 9: AT THE END OF YOUR CASE
If you receive a money judgment in your favor, the court may order you or the other
party to pay the previously waived fees. If you settle your case out of court for $10,000
or more, the court will require you to pay any waived fees.
FOR MORE INFORMATION
On the Web:
California Courts Self Help Website - Fee Waivers
www.ourts.ca.gov/selfhelp-feewaiver.htm
Sacramento County Superior Court Website - Fee Waiver
www.saccourt.ca.gov/fees/fee-waiver.aspx
At the Law Library:
California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Reference)
Chap. 174
Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.
How to Do Your Own Divorce in California KFC 126 .S54 (Self Help)
In the “Kit” section of the CD.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR
USING THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.
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Instructions for completing FW-001, page 1
A
Enter the address for the court handling your case.
For Civil Cases:
For Family or Probate Cases:
Superior Court, County of Sacramento
Superior Court, County of Sacramento
720 Ninth Street
3341 Power Inn Road
Sacramento, CA 95814
Sacramento, CA 95826
Enter your case number. Leave this blank if you do not yet have a case number.
B
The case name is usually the party names, such as “Jones vs. Smith.”
C
Enter your name and contact information.
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2
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4
5
Enter information about your job, if you are currently employed.
Enter your lawyer’s information, if you have an attorney for this case. If you do not
have any attorney, enter “in pro per.”
Check the box for the court where your case will be heard.
a. If you currently receive public assistance, check the box for each type of aid you
receive. If you check any boxes under 5a, you do not have to complete page two
of this form.
b. If you do not receive public assistance, compare your monthly family income to the
numbers listed in this question. Your monthly family income is the total amount earned
by all family members, including children. Do not count the income of roommates. If
your income is below the amounts listed on this form, check box b. You will need to
complete questions 7, 8, and 9 on the second page of this form.
c. If you do not receive aid and your income is above the amounts shown in part b, but
you still do not earn enough to allow you to support your family AND pay your court
fees, check box c. Indicate if you are asking the court to waive all or some of the court
fees, or if you would like to make payments over time. On the line labeled “Explain,”
write in how much you can pay, or what type of payment plan you would like. If you
check box 5c, complete the second page of this form.
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D
If you have filed a fee waiver within the last six months, check this box. If you have a
copy of your previous fee waiver request, check the last box, and attach that copy.
Sign and date this form.
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A
1
B
C
2
3
4
5
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D
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Instructions for completing FW-001, page 2
Enter your name
A
Enter your case number. Leave this blank if you do not yet have a case number.
B
Answer questions 7, 8, and 9 if you checked box 5b or 5c on the first page of this form.
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8
9
C
10
11
If your income changes a lot each month, check this box. If your income is
approximately the same each month, leave this question blank.
a. Enter your monthly income before deductions. This is just YOUR income – you will
be asked about household income later.
a. 1-4. List all deductions from your paycheck here. If you have more than 4
deductions on your paycheck, group similar deductions together. For example, you
can list Federal and State income tax together as “income tax.”
b. Add together all the deductions listed in part a.
c. List your monthly take home pay (8a minus 8b)
d. List all other sources of income you have. The form gives examples of income types.
e. List your total monthly income, from all sources (8c plus 8d)
a. List the name, age, relationship, and income of all other people living in your house,
who you support or who support you. If any of these people does not have any
income, put $0.
b. Enter the total monthly income for you and the household (8e plus 9b)
If you have exceptional expenses you believe the court should consider, check this
box, and use form MC-025 to explain.
If you checked box 5b on the front of this form, you’re done.
Answer Questions 10 and 11 if you checked 5c on the first page of this form.
a. Enter the amount of cash you have. This includes the money currently in your wallet,
under your mattress, etc.
b. List the name of all accounts you have, and their current balances.
c. List all vehicles you own, including the fair market value and how much you owe.
d. List all real estate you own, including the fair market value and how much you owe.
e. List any other personal property you own, including the fair market value and how
much you owe.
a. – j. Enter the amount spent in each category
k. Enter each installment payment you make monthly. Common types of installment
payments are car payments, personal loans, credit cards, etc.
l. If any wages are withheld from your paycheck by court order, enter the amount
withheld monthly.
m. If you have any other monthly expenses, list the amounts here.
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B
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Instructions for completing FW-003
A
B
C
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2
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Enter the address for the court handling your case.
For Civil Cases:
For Family or Probate Cases:
Superior Court, County of Sacramento Superior Court, County of Sacramento
720 Ninth Street
3341 Power Inn Road
Sacramento, CA 95814
Sacramento, CA 95826
Enter your case number. Leave this blank if you do not yet have a case number.
The case name is usually the party names, such as “Jones vs. Smith.”
Enter your name and contact information.
Enter your lawyer’s information, if you have an attorney for this case. If you do not
have an attorney, enter “in pro per.”
Enter the date you will be filing your request to waive court fees. If you’re not sure
what date you will be filing these forms, leave this question blank. If the court
previously granted a fee waiver in this case, check the box and enter the date the prior
fee waiver was granted.
DO NOT FILL OUT ANYTHING ELSE ON THIS FORM.
The court will complete the rest of the form,
and return it to you by mail.
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In pro per
A
3
B
C
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Sacramento County Public Law Library
& Civil Self Help Center
609 9th Street
Sacramento, CA 95814
(916) 874-6012
www.saclaw.org
SERVING DOCUMENTS BY MAIL
Mail Court Papers to the Other Party
Disclaimer: This guide is intended as general information only. Your case may have factors
requiring different procedures or forms. The information and instructions are provided for use in
the Sacramento County Superior Court. Please keep in mind that each court may have different
requirements. If you need further assistance, consult an attorney.
FORMS
The Judicial Council form commonly used in this procedure is:
•
Proof of Service by Mail (POS-030)
http://www.courts.ca.gov/documents/pos030.pdf
These instructions apply to most types of responsive pleadings, such as Answers and
Demurrers. They also apply to Motions, with the exception that you may file three, rather than
two, copies with the court. Two is the maximum number of copies the court will officially stamp
“Endorsed/Filed,” and give back to you, but with Motions, the court requires an extra copy for
the judge to review prior to the hearing. Motions are also filed at a window rather than in the
drop box. See the Step-by-Step guide on Writing and Scheduling Motions on our website at
www.saclaw.org/pages/motions.aspx for more information.
Be sure to research the type of document you need to serve, to determine if the court has any
special filing rules, such as requiring a different number of copies, or whether the documents to
be filed in a different department. More information is available on the Sacramento County
Superior Court’s web site at http://www.saccourt.ca.gov/civil/filing-instructions.aspx.
These instructions DO NOT apply to case-initiating paperwork, such as Summons, Complaints,
Orders to Show Cause, Ex Parte Motions, or Restraining Orders. Case-initiating documents
generally require Personal Service. See the Step-by-Step guide on Personal Service on our
website at www.saclaw.org/pages/personal-service.aspx for more information.
All of the documents you file with the court in your case must be served on all other parties.
Some documents, such as discovery requests and responses, are not filed with the court but
must still be served. See the videos and Step-by-Step guides on Discovery on our website at
http://www.saclaw.org/pages/discovery-topic.aspx for more information.
You cannot serve your own documents.
Documents must be served by someone over 18 who is not a party to the case.
Responsive paperwork and Motions are served prior to filing with the court. The court will not
accept these documents unless they are accompanied by a signed Proof of Service.
STEP-BY-STEP INSTRUCTIONS
FILING PARTY:
STEP 1: COMPLETE YOUR FORMS
Complete the forms or documents you wish to have served.
STEP 2: MAKE PHOTOCOPIES
Make a photocopy of your forms for each party, plus two photocopies for the court (two is the
maximum number of copies the court will endorse, or officially stamp “Endorsed/Filed”). Make
an additional copy for yourself, if you want one for your records while you wait for the court to
return the endorsed copies, which may take up to six weeks.
STEP 3: SELECT YOUR SERVER
Documents must be served by someone over 18 who is not a party to the case. Give the copies
you made in Step 2 to the person mailing your documents.
SERVER:
STEP 1: COMPLETE A PROOF OF SERVICE BY MAIL FORM
Fill out, but don’t sign a Proof of Service by Mail (POS-030). Instructions for completing this
form are at the end of this Guide.
If more than one party is being served, attach Attachment to Proof of Service by First-Class Mail
– Civil (Persons Served) (POS-030(P)), available online at http://www.courts.ca.gov/documents/
pos030p.pdf and list all persons to whom copies were mailed.
If there is not enough room on Proof of Service by Mail (POS-030) to list all the documents
being served, attach Attachment to Proof of Service by First-Class Mail – Civil (Documents
Served) (POS-030(D)), available online at http://www.courts.ca.gov/documents/pos030d.pdf,
and list each document served.
STEP 2: PHOTOCOPY THE PROOF OF SERVICE FORM
Make a photocopy the unsigned Proof of Service (POS-030) (and attachments, if used) for
each party to be served.
STEP 3: PREPARE THE DOCUMENTS FOR SERVICE
For each party to be served, put one copy of the documents to be served in an envelope, along
with a copy of the unsigned Proof of Service (POS-030).
Address the envelope(s) to the attorney(s) or self-represented litigant(s) persons being served
at the address listed in the caption of his/her/its/their court papers. If the party is represented by
an attorney, the attorney, rather than the party, should be served. Adequate postage must be on
the envelope. Make a copy of the envelope for the records of the party for whom you are
serving the documents.
STEP 4: MAIL THE DOCUMENTS
Deposit the envelope with the US Postal Service, either at the post office or in a regular post
office mail box. If your place of business has regular mail pick-up, and mail deposited in the
business's outgoing mail is delivered to the post office the same day, the envelope may be
placed in your business's outgoing mail drop.
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STEP 5: SIGN THE ORIGINAL PROOF OF SERVICE FORM
You will be signing under penalty of perjury that you mailed the documents listed on the Proof of
Service (POS-030)form.
FILING PARTY, SERVER, or ANYONE ELSE
STEP 1: MAKE PHOTOCOPIES
Make two photocopies of the signed Proof of Service (POS-030) form. Make an additional copy
if the party for whom the documents were served wants one for his or her records while waiting
for the court to return the endorsed copy.
STEP 2: ASSEMBLE THE DOCUMENTS FOR FILING
Create packets of documents:
Originals packet - The original document(s) served, and the original Proof of Service (POS030). The original document is the one with original signatures. All original documents should be
left unstapled.
Copies packets - Photocopies of the documents served and signed Proof of Service (POS030). These packets should be stapled. You should have at least two copies packets. You may
have a third copies packet if the filing party made one to keep for their records while waiting for
the court to return the endorsed copies.
STEP 3: FILE THE DOCUMENTS AT THE COURT HOUSE
Most documents will be placed in the drop box in Room 100 in the Sacramento Superior Court
at 720 Ninth Street. Fill out and attach the Civil Document Drop-Off Sheet (www.saccourt.ca.
gov/forms/docs/cv-drop-off-sheet.pdf), and date stamp the back of the original packet. A supply
of Civil Document Drop-Off Sheets, Credit Card Authorization Forms (www.saccourt.ca.gov/
forms/docs/cv-201.pdf), and a date stamp are located near the drop box. Following the
instructions posted at the drop box, place the unstapled original document packet plus two
copies of the packet in the drop box, along with a check or Credit Card Authorization Form for
the filing fee, if any. The remaining copy packet, if any, is for the filing party’s records. The court
will process the paperwork, and return the two copies packets, stamped “Endorsed/Filed,” to the
filing party. The court will retain the original papers for its file.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR
USING THE MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.
H:\public\LRG-SBS\SbSs\SBS POS by Mail\POS by Mail.docx
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3
The party’s name,
address, and phone
number (optional). “In
Pro Per” means you are
representing yourself.
Court name,
address, and
branch
Enter the party’s names,
exactly as they appear on
other documents in this case.
Home or business address of
person serving the documents
Date documents were mailed
Case number
City and State where
documents were mailed
List all documents that were mailed. If you need more room,
check this box and use form POS-030(D) to list all the documents.
Check the box that describes the mailing. If the envelope was
placed in a mail box, or mailed at a US Post Office, check box a. If
it was placed in your business’s outgoing mail, check box b.
The name and address of the person being
served, at the address listed on the
Summons. If the other party has an
attorney, the attorney should be served. If
multiple people are served, check this box
and use form POS-030(p) to list all parties
served.
Type the date and Server’s name. The Server signs the form after mailing.
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Online Self Help Videos
http://www.saclaw.org/pages/selfhelp_video.aspx
Completing Your Case Management Statement
Provides background on the Case Management Program and explains
how to fill out the forms.
Name Change Workshop
Explains how to complete the legal forms to change your name, and
what steps to take after you file.
How to Serve Court Papers by Mail
Explains how to serve documents by mail and provides instructions
for completing the Proof of Service by Mail form.
Personal Service of Court Papers
Explains the requirements for proper personal service of court papers.
Includes animated demonstrations of proper personal service.
Introduction to Discovery
Explains what discovery is, how to answer questions you received by mail,
and how you can use discovery yourself.
Enforcement of Judgments
Explains Earnings Withholding Orders, Bank Levies, Applications and
Orders for Appearance and Examination, and Abstracts of Judgment.
Also covers calculating interest on judgments, renewing a judgment,
and filing an Acknowledgment of Satisfaction of Judgment.