A General Denial is a type of answer filed in response to a complaint. (CCP § 431.30(b)(1)). The effect of a General Denial is to, “put in issue the material allegations of the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383.)

Disputes concerning General Denials arise based on whether the plaintiff filed a verified or unverified complaint. Verification of a complaint involves either the plaintiff or, the plaintiff’s lawyer, swearing to the allegations stated in the complaint demonstrating to a court that the plaintiff investigated the charges against the defendant and are found to be of substance. (CCP § 446).

Should a plaintiff file a verified complaint, a General Denial is not sufficient to contradict the allegations stated in the same. (CCP §§ 431.30(d); 446(a).) In other words, a verified complaint must be denied positively or according to information and belief, especially when a General Denial cannot form part of a verified answer (Id.; City of Hollister v. Monterey Ins. Co. (2008) 165 Cal.App.4th 455, 476, fn. 19.) Otherwise, a court may, upon proper finding, strike any, “irrelevant, false, or improper matter inserted in any pleading” or any part of a pleading “not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court” with the added discretion of considering whether the defendant has leave to amend (CCP §436; CLD Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1149.)

A Court may allow a party to amend their pleading on any terms as may be proper (CCP § 473.) The discretion a Court possess should be exercised liberally to permit amendments of pleadings, especially if the motion to do so is timely made and granting such motion would not result in prejudice to the opposing party (Nestle v. Santa Monica (1972) 6 Cal. 3d 920; Morgan v. Superior Court (1959) 172 Cal. App 2d 527, 530).

While leave to amend an answer to assert proposed affirmative defenses, for example, is usually granted, doing so may raise certain concerns where Courts have the discretion to deny such amendments unless a showing of mistake or other sufficient excuse for changing the facts. (Vallejo Develop. Co. v. Beck Develop. Co. (1994) 24 Cal.App.4th 929, 946; State of Calif. ex rel. Metz v. CCC Information Services Inc. (2007) 149 Cal.App.4th 402, 412.)

Nevertheless, defendants can answer unverified complaints, limited civil cases, or complaints whose amount does not exceed $1,000 with a General Denial, which places material allegations of the complaint fully at issue (CCP §§ 431.30(d); 431.40; Advantec Group, Inc. v. Edwin's Plumbing Co., Inc. (2007) 153 Cal.App.4th 621, 627). To the extent a plaintiff wishes to move for judgment on the pleadings yet filed an unverified complaint, courts will find the case at issue should defendant answer the complaint with a General Denial. “The answer contains a general denial of the allegations of the complaint; and as the pleadings were not verified, this was sufficient to put the plaintiff upon proof of all the facts necessary to entitle him to recover […] The case stands precisely in the position that it would if the complaint contained no allegation upon the subject.” (Hastings v. Dollarhide (1861) 18 Cal. 390, 391.) A General Denial may simply state, “Defendant denies each and every allegation in plaintiff’s complaint.” (See Cal. Jud. Council Form PLD-050.)