Pleadings Flashcards
How many days does D have from service to answer a complaint?
30 days
If a defendant files a demurrer or a motion to strike, how many days does D have to answer if the court overrules the motion?
10 days
Instead of notice pleading, what is the pleading standard in CA?
Fact/code pleading
Define fact/code pleading.
P must state the ultimate facts supporting their prima facie cause of action. More detailed than the federal standard
What are Doe defendants?
Defendants sued under a fictitious designation because P has genuine ignorance of Does’ identity
What are the two requirements to sue a Doe defendant?
- Timely file original complaint
- P pleads genuine ignorance of Doe’s identity
How many years does P have from the filling of a complaint to identify and serve Does with an amended complaint?
3 years
What is a counterclaim OR a cross-clai called under the CA rules?
Cross-complaint
May a P correct a misnomer in naming D even after the SOL has run?
Yes
What is the equivalent to a 12(b)(6) motion in CA court?
General demurrer (P failed to state facts sufficient to constitute a cause of action)
What are the three affirmative defenses that must be raised in the first response in CA court?
- Motion to quash (must be asserted at a special appearance)
- General demurrer
- Special demurrer
What are the defenses that may be asserted in a motion to quash?
- Lack of PJ
- Improper process, and/or
- Improper service
What are the two defenses that can be asserted in a general demurrer?
General demurrers: apply in unlimited or limited actions
- Failure to state facts sufficent for a claim
- Lack of SMJ
What are the three defenses that can be asserted in a special demurrer?
Special demurrers apply in unlimited actions ONLY
- Pleading is ambiguous
- Lack of legal capacity to sue
- Misjoinder of parties
What is a SLAPP?
A Strategic Lawsuit Against Public Participation, usually an action seeking to limit D’s free speech.
