Pleadings - CA Flashcards
What is CA’s safe harbor provision for sanctions?
Party in violation can withdraw offending pleading within 21 days
CA only: If CA raises issue on its own (sua sponte), must also provide 21 days safe harbor and opportunity to be heard
CA only: Court can order party/attorney to pay expenses and attorney’s fees incurred due to bad faith/frivolous litigation tactics
* Requires motion by party/court, opportunity to be heard, and 21 days safe harbor
Frivolous: raised without merit / asserted for sole purpose of harassing opposing party
What is required in CA’s complaint?
“Fact Pleading”
* Statement of ultimate facts for each element of each cause of action
* Demand for judgment for relief
* P does NOT need to allege SMJ (CA only)
* Limited civil case: caption to complaint must state “limited case”
Ultimate facts: what jury/judge must find for the party to prove its case
Heightened Pleading –> Requires pleading with particularity
* Fraud
* Civil conspiracy
* Tortious breach of contract
* Unfair business practices
* Products liability claims among multiple Ds resulting from exposure to toxins
Fictitious Defendant
* If P genuinely doesn’t know who D is, D can be named “Doe” defendant
* P has to allege she doesn’t know D’s true identity/state cause of action against “Doe” defendant
* Ex. Hit and run where driver flees
What is CA’s rule on pleading DAMAGES?
If P seeks damages, must state amount EXCEPT:
* Personal injury/wrongful death action
* Claiming punitive damages
In personal injury/wrongful death/punitive damages claim, D must request Statement of Damages (SOD)
* P must provide SOD within 15 days
* If P doesn’t, D can move for court order requiring P to provide SOD
* Default: P must serve SOD on D before taking D’s default
What is the big example of when P’s complaint must plead with particularity?
Circumstances constituting FRAUD
What are verified pleadings?
Pleadings that are signed under oath by the party
* Required for shareholder derivative suits and for lawsuits against government entities
Important: Can be treated as evidence for summary judgment (bc they’re signed under oath)
CA Deadlines
Response (General or Special Demurrer): 30 days after service of process [FRCP is 21]
