What must a defendant include in their first response to avoid waiving certain motions?

In a defendant's first response to a complaint, it is essential to include the defense of lack of personal jurisdiction to avoid waiving this defense. In California, as well as in many other jurisdictions, if a defendant fails to raise certain defenses, such as a challenge to personal jurisdiction, in their initial motion or responsive pleading, they may forfeit the right to contest those issues later in the proceedings.

By asserting lack of personal jurisdiction in the first response, the defendant clearly indicates that they are contesting the court's authority to hear the case based on their ties to the jurisdiction. This allows the defendant to preserve their rights and maintain the ability to argue this important issue should the case proceed. Other defenses that are similarly time-sensitive include improper venue and insufficiency of process or service of process; these should also be raised in a timely manner to avoid waiving them.

The other choices do not have the same implications for waiver. Defense strategy refers to the overall plan a defendant may have but is not a required component of their initial response; conversely, presenting legitimate evidence is typically reserved for later stages of litigation, and stating an intention to settle, while potentially relevant, does not pertain specifically to jurisdictional concerns. Thus, focusing on personal jurisdiction