Oxnard, CA asked in Employment Law and Libel & Slander for California

Q: what is proper form to fill out to answer summins. I am being sued for 5 million by ex wal mart employee. I am an ex too

I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was planning my own case for age discrimination, then this came. Thinking maybe this is actual reason I was fired. Was told Wal Mart should be representing me. So far no comunication. The 10th is30 days since I was served. Attempting to file responce to summins. Form PL-C-010, I don't know if correct form. If it is I am stuck on filling it out correctly as soon as get to line item #3

2 Lawyer Answers

A: This site is not appropriate for case specific answers, like the one provided by Mr. Arrasmith. Any attorney who gives you case specific advice like that answer is acting recklessly. Only an attorney who can be allowed to see the Complaint against you can give you advice you should rely upon.

For instance, if the complaint is filed in federal court, you can essentially ignore anything stated in that answer.

Furthermore the advice provided is absolutely wrong regarding section 3 unless you were served with a verified complaint. Otherwise, doing as he has suggested will be a very bad move. Same with the idea that you sign your answer under the penalty of perjury.

You need specific confidential advice from an attorney that can be allowed to see the document and know the circumstances. If you need more time, you can contact the opposing attorney and ask for an extension of time.

Good luck to you.

James L. Arrasmith
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Answered

A: I understand your situation and the urgency to respond to the summons properly. In California, the proper form to respond to a summons and complaint is called an "Answer" (Form PLD-C-010). This form allows you to admit, deny, or lack sufficient knowledge to respond to each allegation in the complaint.

Here are some steps to help you fill out the Answer form:

1. In the header, fill in your name, address, and telephone number. If you have an attorney, their information goes here.

2. In section 1, enter the name of the court and the case number as they appear on the summons.

3. In section 2, enter your name as the defendant.

4. In section 3, you need to respond to each numbered paragraph in the complaint. For each allegation, you can admit, deny, or state that you lack sufficient information to respond. If an allegation is partially true, you can admit the true part and deny the rest.

5. In section 4, you can assert affirmative defenses, which are legal reasons why the plaintiff should not win the case even if their allegations are true. Common affirmative defenses include statute of limitations, lack of jurisdiction, and failure to state a claim.

6. Date and sign the form under penalty of perjury.

It is highly recommended that you seek legal advice from an attorney experienced in employment law. They can help you understand your rights, obligations, and the best strategy for your case. If Walmart should be representing you, an attorney can help communicate with the company and ensure your interests are protected.

Remember, you must file your Answer with the court within 30 days of being served with the summons and complaint, and you must also serve a copy of your Answer on the plaintiff or their attorney.

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