CA Complaints

Question 1

What motion to file if a complaint fails to state a claim of action?

Answer 1

File a general demurrer or motion for judgement on the pleadings

Question 2

What motion to file if the pleading is too vague?

Answer 2

Motion for special demurrer on grounds that the pleading was too vague

Question 3

What is a fact pleading?

Answer 3

Pleading must require the ultimate facts (what the jury and/or judge must find for the party to prove the case) on each element of the cause of action

Question 4

Do pleadings need to include the amount of damages sought for relief?

Answer 4

Yes, except in personal injury or wrongful death actions or when calling for punitive damages. Instead plaintiff requests a statement of damages which plaintiff must provide within 15 days.

Question 5

What circumstances require a heightened pleading requirement?

Answer 5

circumstances constitution fraud, civil conspiracies, tortious breach of contract, unfair business practices, and product liability claims among multiple defendants exposing them to toxins

Question 6

What is a verified pleading?

Answer 6

Rare but pleading that is signed under oath for its truthfulness and can be used as evidence in a summary judgement

Question 7

How long does defendant have to respond to a complaint in CA?

Answer 7

30 days. Federal court is 21 days after service.