Notice Pleading
Complaint must contain:
- short plain statement of grounds for jurisdiction (SMJ)
- short plain statement showing pleader is entitled to relief (notice pleading–but heightened to “plausibility”)
- a demand for judgment (need not state amount)
Notice Pleading: notes
- need not state actual legal claim; may use ordinary (nonlegal) language
- must have enough info to allow plausibility and a meaningful response (conclusory statements are not enough)
- no dismissal under 12(b)(6) unless no relief could be granted under any set of facts that could be proved consistent with the allegation
CA: Fact (Code) Pleading
Complaint must state:
- statement of fact for EACH element constituting cause of action in ordinary and concise language (code or fact pleading)
- demand for judgment
- must state exact amount
- wrongful death/personal injury–CANNOT state amount; separate statement of damages must be requested
*no need for statement of grounds for jurisdiction
CA: Fact (Code) Pleading: notes
-form pleading–permitted but optional
- certain kinds of claims have pre-filing requirements:
- professional negligence against any health care provider
- suits against public entities
- suits by employees under CA’s fair employment and housing act
- civil conspiracy (notice to atty and client)
-punitive damages: CA is tougher than federal–requires clear and convincing evidence unless breach of contract. CA standard in punitives is fraud, oppression, or malice
Challenge to Complaint
-D has 20 days to respond in one of 2 ways: 12(b) motion OR Answer
***CA: 30 days to respond (by demurrer or Answer)
Rule 12 Motions
***CA: Demurrer
Form issues:
- more definite statement
- motion to strike (to remove irrelevant or improper pleadings)
- ***CA: “special” demurrer
- special demurrer not allowed in limited cases
Waived if not raised:
- PJ
- Venue improper
- Insufficiency of process
- Insufficient service
Merits:
- 12(b)(6): failure to state a claim on which relief can be granted (raise any time before or at trial)
- 12(c): judgment on the pleadings (file if no timely Answer of Answer insufficient)
CA: Demurrer: grounds
Distinctly specify grounds or it may be disregarded–tests sufficiency of complaint; must include points and authorities in support
Grounds:
-no SMJ over the cause of action alleged in the pleading
-no legal capacity to sue
-another action pending–same parties/same cause of action
-defect or misjoinder of parties
-pleading does not state facts sufficient to constitute a cause of action (GENERAL demurrer) (similar to 12(b)(6))
-pleading is uncertain (ambiguous or unintelligible)
-if K action, it cannot be ascertained from pleading if the K is written, oral, or implied by conduct
-professional negligence–no certificate filed as required by Sec 411.35 (i.e. no pre-filing)
CA: Demurrer: note
If general demurrer is successful, then the other party can normally amend. If an amendment is not allowed, an appeal is allowed. On appeal, there will be a reversal of the demurrer if the facts state a claim on any legal theory (not just the ones already claimed)
Answer: Timing and Response
Timing: 20 days, or 60 days if waiver of service
***CA: 30 days (no extra time for waiver)
Response:
- short plain statement of defense; no technical terms required
- admit/deny/not enough information
- failure to deny = admission
Answer: Affirmative Defenses
Particularity, e.g.:
- SL: twin policies:
- promote repose by giving security/stability
- versus decision on merits
- SL accrued when:
- act done
- wrongful result occurs
- c/a complete with all elements
- res judicate
- S of F
- Accord and satisfaction
- Adverse possession
- Fraud
- Estoppel
***CA: affirmative defenses must be plead to avoid waiver. Affirmative defenses must be intelligibly distinguished, separately stated, and responsive to essential allegations of the complaint
CA: Answer
Shall contain:
- general or specific denial of material allegations
- if complaint not verified (i.e. signed by party), then either general denial or a one-sentence statement denying all allegations
- if verified complaint: specific denial states factual basis for disagreeing with any individual pleading
- statement of any new matter constituting a defense
- Affirmative RELIEF may NOT be stated in answer (need cross-complaint)
- failure to deny = admission but only after affirmative steps taken by requesting party
- Answer = general appearance, therefore subjects D to jurisdiction of court
Amendments
Matter of Right:
- one time
- before Answer served
- 20 days after pleading if no Answer
- **CA: one time, before demurrer/answer filed or after demurrer and before trial
Other:
- leave of court
- GR: courts generally allow unless adverse party will be prejudiced. Burden is on adverse party
- **CA: standard = good faith (purpose is to avoid forfeiture of cause of action)
Amendments: Doctrine of Relation Back
Defn: Moves effective date of complaint or amendment to date of original pleadings so that it will be within the statute of limitation. Applies where wrong party named or parties co-tortfeasors and one was not named
Elements:
- concerns same conduct, transaction, or occurrence
- new party knew within 120 of filing (had notice)
- new party knew that but for mistake, it could have been named originally
CA: Relation Back
GR: Relates back only if sued “Does”
- Does may be added up to 3 years after complaint filed (Fed- 120 days), but may be reduced to 60 days by local rules
- Does ignored when moved to federal court
CA: Supplemental Pleadings
P or D is allowed on motion to make supplemental complaint or answer alleging facts material to the case occurring after the former complaint. Must be directly related to the cause of action. D has 30 days to respond to amended complaint; P has 10 days to file demurrer.
