Chapter 5
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Documents that define the plaintiff’s case
(cause of action)
Documents that define defendant’s response
and affirmative defenses
Documents that define defendant’s claim for
relief (cause of action)
Documents that define plaintiff’s response
and affirmative defenses
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Complaint
 Answer
 Demurrer
 Cross Complaint
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Answer or Demurrer to Cross Complaint
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Complaint
 Answer
 Counterclaim (incl. With Answer)
 Cross Claim
 Third Party Action
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Reply to Counterclaim/Answer to Cross
Claim or Third Party Action
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Contain a caption and docket number
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Contain “allegations”
 Allegations are claims
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Allegations must be proven at trial
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Traditional pleadings/Attorney drafted
◦ Prepared on pleading paper
◦ Similar to pleadings filed in federal cases
 All pleadings in federal court are “traditional”
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Judicial Council Forms
◦ Used for some types of complaints (and other
pleadings) in California
◦ Most civil complaint forms are optional
◦ Located at www.courts.ca.gov
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Technical requirements in the California Rules
of Court
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Pleading paper—26-28 numbers
Double/1 ½ space
12 point
Attorney information on page 1
Court name on line 8 or below
Footer describing document
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Caption
 Identifies court and parties
 Contains title and docket number
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Allegations
 Describes cause of action
 Can have multiple causes of action
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Prayer
Subscription
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Substantive/content requirements
Federal court—statement of jurisdiction
State court—cause of action/ request for
relief
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Preliminary paragraphs
◦ Identify the parties
 Capacity
 Fictitious names
 Paragraphs establishing venue and jurisdiction
 Federal court—must be explicit
 State court—can be implicit
 “Doe” allegation (if appropriate)
 Compliance with claim requirements
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Liability Paragraphs
◦ Describe using “ultimate facts”
 What happened (generally) but include dates to show
case filed within SOL
 What injuries were or will be suffered
 What damages were or will be incurred
 (In personal injury cases, if claim is for more than $25K do
not need to state a specific amount.)
◦ Form books are helpful
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Information and belief
verification
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Real Party in Interest
◦ collection agency v. the
Corp. and other
businesses
Status
◦ piercing the corporate
veil
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creditor/subrogation
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◦ type of entity
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Capacity
◦ minors and incompet.
◦ Guardians ad litem
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Government Agencies
◦ immunity
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Fictiously named Defs
Defs using a fictitious
name (dba)
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Permissisve joinder
 common question of fact or law
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Compulsory joinder
 if parties not joined, then action cannot proceed
 indispensible parties
 I.e. quiet title actions
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Class Actions
Interpleader
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Compensatory
◦ Tort: Special and General
◦ Contract: Standard and Consequential
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Punitive: Extreme Conduct, I.e. fraud, gross
negligence, wilfull acts
Attorney Fees: Only when provided for in
contract or by law
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Before Filing Your Complaint Be Sure That You Have:
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Reviewed all local rules for special format requirements
Included title of court
Properly identified and named the parties in the caption
Titled the complaint (i.e. Complaint for Damages)
Demanded a Jury (if applicable)
Stated one or more complete causes of action, each containing
(expressly or by incorporation by reference)
 a statement of jurisdiction
 identification of the status and capacity of the parties
 a basis for a recognized claim
 a description of the damages
Stated at least one cause of action against each defendant
Included a prayer or request for damages
Affixed the proper signature
Attached any required cover sheets
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Cover Sheets
Clerk’s Office
Number of copies
Filing fee
Fax filings
Electronic filings
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In Calif. A judicial council form
tells def to answer or suffer default
“Issued” (not filed) at time of filing complaint
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Actions at Law
 Money Damages
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Actions in Equity
 Specific Relief
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Tort Cases
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Contract Cases (Breach)
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Contract
Specific Performance
Injunction
Declaratory Relief
Rescission and
Restitution
◦ Reformation
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Real Estate
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Quiet Title
Establish lien
Unlawful Detainer
Retaliatory Eviction
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Wills
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◦ Determine validity of
will
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Personal Property
◦ Replevin
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Business
◦ Dissolving
Partnership or Corp.
◦ Accounting
◦ Shareholder
Derivative
Imposing a
Constructive Trust
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Money damages--Actions at law
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Specific relief--Actions in equity
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Temporary Restraining Order (TRO)
 ex parte
 need pending case
 need papers for preliminary injunction
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Preliminary Injunction
 requires court hearing (set up like motion)
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Anyone over age of 18, not a party to lawsuit
and U.S. Citizen can serve
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Federal: prefers waiver (mail)
Calif.
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Personal service
Substituted service
Acknowledgment and Receipt
Publication
Certified mail--If def out of state
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Caslif: CCP 416.10 et seq
Corp: Agent for service of process or officers
Minor: parent or guardian and minor if at
least 12
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Depends on method of service
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Return of summons
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Statement under penalty of perjury
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Back of summons
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Other forms
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Very liberal rules
Once, w/o leave of court if no answer filed
After answer, w. leave of court
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