Pleadings

Question 1

How many days does D have from service to answer a complaint?

Answer 1

30 days

Question 2

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?

Answer 2

10 days

Question 3

Instead of notice pleading, what is the pleading standard in CA?

Answer 3

Fact/code pleading

Question 4

Define fact/code pleading.

Answer 4

P must state the ultimate facts supporting their prima facie cause of action. More detailed than the federal standard

Question 5

What are Doe defendants?

Answer 5

Defendants sued under a fictitious designation because P has genuine ignorance of Does’ identity

Question 6

What are the two requirements to sue a Doe defendant?

Answer 6

1. Timely file original complaint
2. P pleads genuine ignorance of Doe’s identity

Question 7

How many years does P have from the filling of a complaint to identify and serve Does with an amended complaint?

Answer 7

3 years

Question 8

What is a counterclaim OR a cross-clai called under the CA rules?

Answer 8

Cross-complaint

Question 9

May a P correct a misnomer in naming D even after the SOL has run?

Answer 9

Yes

Question 10

What is the equivalent to a 12(b)(6) motion in CA court?

Answer 10

General demurrer (P failed to state facts sufficient to constitute a cause of action)

Question 11

What are the three affirmative defenses that must be raised in the first response in CA court?

Answer 11

1. Motion to quash (must be asserted at a special appearance)
2. General demurrer
3. Special demurrer

Question 12

What are the defenses that may be asserted in a motion to quash?

Answer 12

1. Lack of PJ
2. Improper process, and/or
3. Improper service

Question 13

What are the two defenses that can be asserted in a general demurrer?

General demurrers: apply in unlimited or limited actions

Answer 13

1. Failure to state facts sufficent for a claim
2. Lack of SMJ

Question 14

What are the three defenses that can be asserted in a special demurrer?

Special demurrers apply in unlimited actions ONLY

Answer 14

1. Pleading is ambiguous
2. Lack of legal capacity to sue
3. Misjoinder of parties

Question 15

What is a SLAPP?

Answer 15

A Strategic Lawsuit Against Public Participation, usually an action seeking to limit D’s free speech.

Question 16

What is an Anti-SLAPP?

Answer 16

Special motion to strike a complaint targeted against D’s constitutionally protected speech (a SLAPP)

Question 17

What does an anti-slapp motion to strike do?

Answer 17

Stays all discovery

Question 18

Within how many days must an anti-SLAPP motion be filed?

Answer 18

60 days

Question 19

What is the two-step test for ruling on an anti-SLAPP motion?

Answer 19

1. D first has burden to show prima facie case that P’s cause of action arises based on an act in furtherance of D’s 1A rights in connection with the public interest/at a public forum
2. Burden shifts to P to establish a probability of prevailing on the merits (going to the jury)www