Pleadings

Question 1

Complaint (and cross-complaints) must have

CA

Answer 1

(1) Statement of facts constituting the cause of action
and
(2) Demand for judgment

Question 2

Complaints and Damages …

CA

Answer 2

If damages are sought, then the amount must be stated.

EXCEPT if

(i) in actions for recovery of punitive damages; or
(ii) in personal injury or wrongful death actions seeking actual and/or punitive damages

Question 3

Complaints in Limited Cases

CA

Answer 3

Must contain a caption stating that it is a Limited Case

Question 4

Statement of Damages

CA

Answer 4

In cases where P is forbidden from stating damages in the complaint, the D may request a Statement of Damages.

P must provide the Statement of Damages within 15 days

Question 5

Statement of Damages and Default

Answer 5

P must serve a Statement of Damages on D before applying for default

Question 6

General Demurrer

Answer 6

Response Option for D

Used to assert the defenses that:

(a) the court lacks Subject Matter Jurisdiction; or
(b) the pleading fails to “state facts sufficient to constitute a cause of action”

Question 7

Defendant’s Response Timeline

CA

Answer 7

The D has 30 days to make a response in CA State Courts.

remember that it’s 21 days in Federal Court when the D doesn’t waive service

Question 8

Special Demurrer

Answer 8

Allowed only in Unlimited Cases

D can assert the following defenses:

(1) Complaint is uncertain, ambiguous, or unintelligible
(2) Complaint is unclear about which theories of liability are asserted against the Ds
(3) Lack of legal capacity
(4) Existence of another case btw the same parties on the same cause of action
(5) Defect or misjoinder of parties
(6) Failure to plead whether a K is oral or written
(7) Failure to file “certificate of merit”

Question 9

Certificate of Merit

Answer 9

Document required to sure architects, engineers, or land surveyors for professional negligence

Question 10

Motion to Quash Service of Summons

Answer 10

Used to assert the defenses:

(1) Lack of Personal Jurisdiction
(2) Improper Process (i.e. problems with the documents)
(3) Improper Service of Process

Constitutes a “special appearance”

Question 11

Motion to Strike

Answer 11

Party may move to have stricken any insufficient defense or any redundant, immaterial, or scandalous matter

Note: Can also use Motion to Strike to assert failure to file “certificate of merit”

Question 12

General Appearance

Answer 12

Any appearance that engages the merits or asks the Court for relief

Examples of General Appearances:

Answer 
Demurrer 
Motion to Strike 
Motion to Transfer Venue 
Motion to Reclassify Case

Question 13

Motion for Judgment on the Pleadings

Answer 13

Response Option for D

Used to assert the defenses that:

(a) the court lacks Subject Matter Jurisdiction; or
(b) the pleading fails to “state facts sufficient to constitute a cause of action”

(i.e. the same defenses as a general demurrer,
BUT a MJOP can be filed after filing an answer)

Question 14

Timing for a Motion to Quash Service of Summons to avoid waiver of the defenses

Answer 14

D must file a Motion to Quash either before or simultaneously as filing an answer, demurrer, or motion to strike

If not, then objection to PJ is waived.

Question 15

Anti-SLAPP Motion to Strike

Answer 15

D must make a threshold showing that the cause of action in the complaint arises from activity protected by the First Amendment

Question 16

Answer

CA

Answer 16

Option for General Denial or Specific Denials.

Anything not denied, is admitted

Note: In pleading affirmative defenses, D must adhere to the same fact-finding standards as Ps (or the answer may be subject to a general demurrer)

Question 17

Timing in Filing an Answer

CA

Answer 17

D has 30 days from date of service of process to file an answer

If D brings a demurrer or a motion to strike, and the court overrules the demurrer or denies the motion, the D must file an answer within 10 days (unless Court orders otherwise)