Labor and Employment Law
Ca. Labor & Emp't Rev. July 2022, Volume 36, No. 4
Content
- LABOR & EMPLOYMENT LAW SECTION EXECUTIVE COMMITTEE 2021-2022
- California Employment Law Notes
- Cases Pending Before the California Supreme Court
- From the Editors
- Masthead
- McLe Self-study: Women's Wages, Pay Equity, and Data Reporting
- Message From the Chair
- Nlra Case Notes
- Public Sector Case Notes
- Wage and Hour Case Notes
- Fresh Perspectives: Tips For Asserting Relevant and Proper Affirmative Defenses
FRESH PERSPECTIVES: TIPS FOR ASSERTING RELEVANT AND PROPER AFFIRMATIVE DEFENSES
AUTHOR*
Diana Cabrea-Vega
Once a lawsuit is filed, there are several options for responding to the complaint. A responding party can challenge the complaint in several ways including seeking removal (if filed in state court), or move to dismiss, strike, change venue, or demur. A party may also bypass challenges to the complaint and instead file an answer. Absent a dismissal at the pleading stage, the responding party will inevitably have to answer if litigation is allowed to proceed in the judicial forum. Newer lawyers are often involved in the early pleading stages of litigation and frequently tasked with drafting answers. Here are some tips to avoid common pitfalls and strategies to craft a well-pleaded answer with genuine and proper affirmative defenses.