AFTER RECEIVING A COMPLAINT; THE DEFENDANT MUST RESPOND WITH AN ANSWER?

COMPLAINT: DEFINITION -- The pleading that starts a case.  Essentially, a document that sets forth a jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for judicial relief. Overview: A plaintiff starts a civil action by filing a pleading called a complaint. A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants.  

After receiving the complaint, the defendant must respond with an answer. (Note: The Superior Court of California -- the Sunnyvale Courthouse and the Santa Clara Courthouse -- failed to respond to an Amended Complaint submitted by John in September 2015. 

Complaints must be served on defendants. This lets defendants know that they are being sued and why. See: Federal Rules of Civil Procedure, particularly Rules 3, 7, 8, and 10. (See also the federal courts' website for sample complaints). 

Although some state courts model their pleading rules on the Federal Rules of Civil Procedure, other states use very different rules. Thus, pleading standards for complaints may vary widely from state to state, or between state and federal courts located in the same state. 

CA CODE OF CIVIL PROCEDURE
SECTION 170-170.9

170.1.  (a) A judge shall be disqualified if any one or more of the following are true: (6) (A) For any reason: (ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial. (iii) A person aware of the facts (in other words; John) might reasonably entertain a doubt that the judge would be able to be impartial. 

(B) Bias or prejudice toward a lawyer (and/or self-representative like John?) in the proceeding may be grounds for disqualification. (7) By reason of permanent or temporary physical impairment (and/or apparent mental impairment and/or severe cranial/posterior syndrome?), the judge is unable to properly perceive the evidence or is unable to properly conduct the proceeding. 

170.3. (a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless his or her disqualification is waived by the parties as provided in subdivision (b). 

(2) There shall be no waiver of disqualification if the basis therefore is either of the following: (A) The judge has a personal bias or prejudice concerning a party. 

170.4.  (a) A disqualified judge, notwithstanding his or her disqualification may do any of the following: (1) Take any action or issue any order necessary to maintain the jurisdiction of the court pending the assignment of a judge not disqualified. (2) Request any other judge agreed upon by the parties to sit and act in his or her place. (5) Set proceedings for trial or hearing. (6) Conduct settlement conferences. 

GO TO: CODE OF CIVIL PROCEDURE / SECTION 170-170.9 @ http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=170-170.9 + SEE ALSO: STATE CIVIL PROCEDURE RULES @ https://www.law.cornell.edu/wex/civil_procedure + https://www.law.cornell.edu/wex/complaint

 NOTE: Procedural errors and/or wrong advice from the City of Santa Clara City Clerk's Office caused John to submit an Amended Complaint to the Superior Court of California, County of Santa Clara (Traffic Court) but while the court may not be legally required to respond to this mistakenly submitted complaint; "the right thing to do" would be to respond in kind and help out another fellow human being in need. Adding to this; John has repeatedly attempted to communicate with the United States Department of Justice (D.O.J.) using the <askdoj@usdoj.gov> email address for about ten years now with no response. Why did the D.O.J. create this email address if they had and/or have no intention of responding?

 "PAY NO ATTENTION TO THE MAN BEHIND THE CURTAIN!
THE GREAT AND POWERFUL OZ HAS SPOKEN!"
- The Man Behind the Curtain, "Wizard of Oz"