Pleadings and Joinder

Question 1

Pleading Standard

Answer 1

Fact Pleading: Must provide: (i) a statement of fact and (ii) a demand for relief sought

Question 2

Special Pleading Rules

Answer 2

1. Cannot State Amount of damages sought for PI, Wrongful Death, or Punitive Damages
2. Heightened pleading standard where:
   (i) fraud
   (ii) civil conpsiracy
   (iii) tortious breach of contract
   (iv) unfair business practices
   (v) product liability related to toxins

Question 3

Responses to Complaint

Answer 3

1. Demurrer
2. Motion for Judgment on the Pleading
3. Special Demurrer
4. Anti-Slapp Motion to Strike
5. Motion to Quash Service of Summons

Question 4

Raising SMJ

Answer 4

Demurrer or Judgment on Pleadings

Question 5

Raising PJ

Answer 5

Motion to Quash Service of Summons or Motion to Set Aside Default

Question 6

Raising Improper Service of Process

Answer 6

Moton to Quash Service of Summons or Motion to Set Aside Default

Question 7

Raising Failure to State a Claim

Answer 7

General Demurrer or Motion for Judgment on Pleadings

Question 8

Raising Failure to Join Indispensible Party

Answer 8

Special Demurrer

Question 9

Raising Request for More Definite Statement

Answer 9

Must be raised before demurrer by special demurrer on ground that pleadings are uncertain

Question 10

Ant-Slapp Motion to STrike

Answer 10

Motion to strike suits brought to chilld valid exercise of 1st Amendment Rights that shifts burden to P to show probability of winning case on merits

Question 11

Demurrer Definition and Requirements

Answer 11

Definition: response to complaint within 21 days (or 60 days if service waived) in which D can answer and assert certain defenses

REquirement: Parties must meet and confer prior to filing and can get a 30-day extension upon a showing of good faith effort to meet

Question 12

Amending a Pleading

Answer 12

FED Rule 15(c): Allowed to amend to add D sued and served in wrong capacity –> no CA doe defendant equivelent

CA Rule: May use fictitious “doe” defendants and amend comlaint to substittue true names later –> no 15(c) equivalent

Question 13

Counterclaims and Crossclaims

Answer 13

Called Cross-Complaints in CA

Question 14

CA Class Actions

Answer 14

Types: No distinctions
Requirements:
1. Ascertainable Class
2. Well Defined Community of Interested base on whether:
(i) common questions predominate
(ii) representative is adequate
(iii) class will result in substantial benefit to parties and court

Determing AIC: All claims aggregated

Notice to Class: Court determines who bears burden