Complaints

Question 1

Fed Complaint

Answer 1

SMJ + Claim + Demand for Relief

Plausibility pleading: plead facts that support plausible claim; particularity for fraud/mistake/special damages

Question 2

CA Complaint

Answer 2

Facts const. cause of action + demand for relief

Fact pleading: ult. facts for each element of each claim; particularity for fraud/mistake/special damages

–No damages for punitive, wrongful death, pers inj.

–Fictitious ∆: if genuine unaware, can state cause of action against fictitious ∆ (relates back if amends w/in 3 years)