Pleadings Flashcards
FRCP Pleading Rules
A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain
(1) a short and plain statement of the grounds upon which the court’s jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it,
(2) a short and plain statement of the claim showing that the pleader is entitled to relief, and
(3) a demand for judgment for the relief the pleader seeks.
FRCP Pleading Rules, Sufficiency
A complaint must contain factual allegations that, taken as a whole, render the plaintiff’s entitlement to relief plausible. In determining whether a complaint is sufficient, courts should disregard the complaint’s legal conclusions and determine whether the remaining factual allegations suggest that the plaintiff has a plausible-as opposed to merely conceivable-claim for relief.
CCP Pleading Rules
Requires that a complaint or cross-complaint contain a statement of the facts constituting the cause of action, in ordinary and concise language.
Complaints and affirmative defenses must contain ultimate facts — the facts that raise the issues upon which the right to recover depends — not the evidentiary facts, and not the legal conclusions.
Doe Amendments (CA)
California permits a complaint to name fictitious defendants called Does if the defendant is genuinely ignorant of the identity of the defendants at the time he or she files the complaint. Permitted if:
(1) the original complaint is timely filed and contains charging allegations against all defendants, including Doe defendants;
(2) the plaintiff is genuinely ignorant of the identity of a fictitious defendant, the facts giving rise to a cause of action, or of the fact that the law provides a cause of action; and
(3) plaintiff’s ignorance must be pleaded in the complaint.
Once the plaintiff learns the true identity, they may amend the complaint to name the doe defendant and serve the person.
General Demurrers (CA)
A general demurrer is equivalent to a federal 12(b)(6) motion—that the complaint fails to state facts sufficient to state a cause of action, either because the complaint doesn’t plead ultimate facts, or leaves out an element, or on its face is barred by the Statute of Limitations, or there is no such cause of action, or the court lacks subject matter jurisdiction, or something similar.
Special Demurrers (CA)
Grounds for special demurrers:
(1) plaintiff lacks capacity to sue
(2) there is another action pending between the same parties on the same cause of action;
(3) on the face of the complaint, it appears a party should have been joined or was misjoined
(4) the pleading is uncertain (unintelligible);
(5) the complaint fails to allege whether the contract is oral or written
Anti-SLAPP Motions to Strike (CA)
Requires the court to engage in a two-step process when deciding the special motion to strike;
(1) the court must determine whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity within the meaning of the anti-SLAPP statute, and if the court finds that the defendant has made such a showing,
(2) it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim. If not, the motion to strike will be granted.
Suits Excluded from an Anti-SLAPP Motion (CA)
(1) any action brought solely in the public interest or on behalf of the general public if the action would enforce an important right affecting the public interest, and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons; or
(2) the statement or conduct consists of representations of fact about that perosn’s or a business competitor’s business operations, goods, or services, made to customers, to engage in business.
