CALIFORNIA CIVIL LITIGATION
INTRODUCTION TO
PLEADINGS
© 2005 by Thomson Delmar
Learning. All Rights Reserved.
1
PLEADINGS—
define the issues of the case.
2
STATE COURT PLEADINGS
Complaints
Demurrers
Answers
Cross-complaints
3
COMPLAINTS—
contain the factual allegations and
request for relief of the plaintiff.
4
DEMURRERS—
motions made before answering to
challenge a complaint, crosscomplaint, and, rarely, an answer.
5
ANSWERS—
contain the denials, defenses, and relief
sought by the defendant.
6
CROSS-COMPLAINTS—
contain the affirmative claims of and relief
sought by a party other than the plaintiff.
7
FEDERAL COURT PLEADING
Complaints
Cross-complaints/Counterclaims/Third
Party Claims
Answers
8
FEDERAL COURT
CROSS-ACTIONS
 Counterclaim – by defendant against
plaintiff.
 Cross-complaints – against a co-party.
 Third-party claim – against a party new
to the action.
9
FEDERAL COURT MOTION TO
DISMISS—
equivalent to state court demurrer.
10
ALLEGATIONS—
State court: “causes of action”
Federal court: “claims” and “counts”
11
CAUSES OF ACTION—
legal theories applied to the facts of the
case to justify relief sought.
12
ANSWERS—
 Denials of allegations of the complaint
 Affirmative defenses showing defenses
to the allegations of the complaint
 Request for relief that plaintiff take
nothing
13
PARTIES—
 Plaintiff must be the “real party in
interest.”
 All parties must have “capacity.”
 Some parties must be joined in a single
action or any right to recover from them
is lost (“compulsory joinder), and others
may be joined in that action, otherwise a
separate action can be brought against
them (permissive joinder”).
14
REAL PARTY IN INTEREST—
the person who has the right to sue under
substantive law.
15
CAPACITY
 All natural persons have capacity
except minors and incompetents.
 Unnatural persons (entities) must be
properly formed and qualified.
LACK OF CAPACITY PRECLUDES
MAINTAINING SUIT OR DEFENSE.
16
COMPULSORY JOINDER
A party must be joined in the case if
1. relief cannot be obtained without him,
and
2. lack of joinder threatens future
litigation.
17
PERMISSIVE JOINDER
A party may be joined if
1. the right to relief arises out of the same
general events;
2. the right asserted is joint/several; and/or
3. there is one or more common questions of
fact or law.
18
SUMMARY
Types of Pleadings, Joinder
PREVIEW
Complaints/Cross-Complaints
19