Let’s Sue!
PLEADINGS
Civil Litigation I
Today’s Objectives

You will learn:
The general requirements for all pleadings
 What rules apply for filing and service of
pleadings
 How to draft a complaint
 What pleadings the defendant can file
 About special pleadings that are used
 How to amend a pleading after it’s been filed.

What Are Pleadings?
Pleadings are the first documents filed
with the court in a case, in which the
parties plead their claims and
defenses.
 Pleadings are governed by Code of
Civil Procedure §422.
 The first pleading in a case is the
Complaint.

Basic Pleadings
Complaint
 Answer to Complaint
 Demurrer
 Cross-complaints

Requirements For Pleadings
 Every
pleading must have a
caption containing:
 Name
of court and county where
filed
 Title of the action
 Names of all parties
Requirements For Pleadings
 Designation

of party
You must give a designation to each
party in the case. Examples:
•
•
•
•
ACLU, a non-profit corporation
Kyle & Morris, a partnership
Sellyca, Inc., a California corporation
Caryn McIntosh, as Guardian Ad Litem
for Taylor McIntosh
• Mary Carr, as an individual, and as a
partner of Carr & Carr
Title of the Document
 The
title of the document should
be complete:
i.e.: Complaint for Negligence and
Fraud
 Complaint for Damages

1. Negligence
2. Negligent Infliction of Emotional Distress
3. Negligent Misrepresentation
Requirements for Pleadings
 Each
pleading must be signed by an
attorney
[or the party, if they are not
represented by an attorney].
Format Requirements
 Rule
201 of CA Rules of Court:
 Papers
must be 8½ by 11,
numbered 1-28 on the left side
 Font no smaller than 12 point
 Only use one side of the paper
 Line spacing must be 1½ or
double spaced
Format Requirements
Quotations, footnotes and descriptions of
real property may be single-spaced.
 Recycled paper is required for original
documents filed with the court
 The name, address, phone number, and
state bar number of the attorney must
appear on the top left hand corner
beginning with line one.
 The title of the court goes on line 8

Civil Cover Sheet

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A civil cover sheet must be filed with the
complaint.
Failure to file it will result in sanctions
The civil cover sheet must be served on all
the parties with the complaint
 Complaints
 Answers
 Cross-complaints
What is a Complaint?
It is the document filed by the injured
party (the plaintiff) to begin the lawsuit
 The complaint must be prepared in
accordance with the procedures under
California law
 There are format requirements as well

No title… just liked the photo
Requirements For Complaint
A complaint or cross-complaint must
have a statement of facts to support
the allegations
 Complaints should be written in plain
language
 In California form complaints can be
used for some causes of action.

Rules Regarding Complaints
Each party is identified as either an
individual, representative of a trust,
estate or incompetent individual,
corporation, partnership, sole
proprietorship, governmental agency,
or business entity unknown
 Each complaint must list Doe
defendants, in case another
defendant surfaces later on in the
case

Causes of Action
Each complaint must be broken up into
various causes of action
 Each cause of action must be
separately stated and numbered and
state which defendants the cause of
action is against
 Example of Causes of Action:
Negligence, Breach of Contract, Fraud,
Civil Rights Violation, etc.

Causes of Action
State the elements of the cause of
action by turning each element into
facts from your case
 Use plain English
 When necessary attach an exhibit to
the complaint (i.e., in breach of
contract, attach the contract).

Prayer For Relief


CCP § 425.10(b) A complaint must contain
a prayer for relief stating the relief
requested.
Legal Relief is money, called damages

Compensatory Damages
• General Damages
• Special Damages


Punitive Damages
Equitable Relief


injunction
specific performance
Summons
Summons is a notice to the defendant
that he is being sued and to command
him to appear and defend himself
 The court now keeps the original
summons. When you file the
Complaint, the clerk will stamp your
copy which becomes a conformed
copy to use for service.

Filing Requirements
 The
Complaint is filed with the
proper Superior Court with the
following:
• A filing fee of $320.00
• A Summons
• A Civil Cover Sheet
Service of Summons
A copy of the original summons must
be attached to each copy of the
complaint and served on EACH
defendant.
 The complaint must be
PERSONALLY served, meaning
hand-delivered.

Service of Summons &
Complaint
The Plaintiff has 60 days to serve all the
defendants with the Summons/Complaint.
 If you do not comply with the rule you must
file a Certificate of Progress with the court
or you will be fined $50
 Once all the defendants are served in a
case you file the Original Certificate of
Service w/ Proofs of Service.

Answer To Complaint
After service has been completed,
defendant has 30 days to file a
response to the complaint, generally,
an Answer.
 Defendant must admit or deny the
allegations in the complaint (can use a
General Denial for most cases)
 Defendant can assert affirmative
defenses
 Must include a prayer for relief

Cross-Complaints
 Types



of Cross-complaints
Against the plaintiff
Against a co-defendant
Against a 3rd party
Compulsory Crosscomplaints
 Mandatory
if defendant has a claim
against the plaintiff from the same
incident or transaction which is the
subject of the complaint.
 If defendant fails to file a crosscomplaint, the right to relief is waived.
Permissive Crosscomplaints
 Defendant
may bring a claim, but
is not required to under the Code
of Civil Procedure
 The claim is not from the same
occurrence or transaction
Third Party Cross-complaint
A defendant can bring a new party
into the lawsuit if the claim arises from
the same incident or transaction.
 Or the cause of action involves an
interest in property that is the subject
of the suit.

What Else?
Special Pleadings
Interpleader

A party called a “stakeholder” is
allowed to file an interpleader action
when:
Two or more claimants are making
competing claims on the same $.
 A named defendant to an action who
has no interest in the $ can deposit
the $ with the court.

Intervention

A non-party to a lawsuit can become part
of the case as a party if the person has
an interest in the outcome of case, and if:
The outcome of the case could impair the
intervenor’s ability to protect his/her
interest in the property.
 There is no other party who can
adequately represent the interests of the
intervenor.

Class Actions

A lawsuit in which a few individuals
represent the interests of a large
group of members of a class is called
a class action. It can be brought if:
The parties are too numerous
 The question is of general interest to
many persons
 Separate actions would create a risk
of inconsistent verdicts

Amended Pleadings
 Amendment
by Right
CCP §472
 A plaintiff can make any changes
to a complaint before a defendant
has answered the complaint

Amended Pleadings
 Amendment
by Leave of Court
CCP §473
 After defendants have
responded, you can amend the
complaint by motion to the judge
 Or by stipulation of the parties.

Pleading Paper and Rules
There are strict rules as to what kind
of paper, color, size, and numbering is
used.
 Some courts limit the number of
pages
 Each court has rules for line
numbering!

The Caption

1
Robert A. Unger, Esq. (SBN 147915)
123 Winner Lane, Suite 456
2
San Diego, California 92101
(619) 995-0628

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3

4
5
Attorney for Plaintiff or Defendant
6
WALTER WRONGED or WRONGDOER
7
8
COURT NAME
9
NAME OF COUNTY
10
11
NAME,
)
CASE No. C 123456
12
Plaintiff
)
ANSWER TITLE (ALL CAPS)
13
vs.
)
14
)
Dept. 83
15
NAME,
)
Judge: Honorable Julie Justice
16
Defendant )
17---------------------------------------
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The Caption
KAREN COLBY, Esq. (SBN 123456)
JONATHAN McINTOSH (SBN 234567)
COLBY & McINTOSH
400 Third Street
Chula Vista, CA 91910
(619) 293-3640
Email: [email protected]
Attorneys for Plaintiffs
The Body
The introductory clause begins on the
next numbered line at least two
spaces below the caption.
 It must be typed in ALL CAPS
 Standard form such as:


DEFENDANT ANSWERS
PLAINTIFF’S COMPLAINT AS
FOLLOWS:
General Allegations
Those basic facts needed for each
element of each Cause of Action.
 Each Cause of Action must be done
seperately, but if a fact is applicable to
all of the causes of action, it can be
stated as follows:

GENERAL ALLEGATIONS APPLICABLE
TO ALL CAUSES OF ACTION
Causes of Action

Stated as follows:
FIRST CAUSE OF ACTION
NEGLIGENCE
Followed by facts pertaining to the
elements
SECOND CAUSE OF ACTION
WRONGFUL IMPRISONMENT
Followed by facts pertaining to the
elements
Bottom Caption

For filing purposes and to make the
clerk’s life simpler… Label placed at
bottom caption!
• COMPLAINT FOR PERSONAL INJURY
The Prayer

What do you want??
WHERFORE, Plaintiff prays for
judgment against Defendants, and
each of them, as follows:
 ON THE FIRST CAUSE OF ACTION:

• 1. For general…
• 2. For all medical…
Date and Signature Lines


Month and Year are typed
Day left blank unless you know it will be
signed today!
DOOWEE, SUEM, & HOWE
By: _____________________
ROBBER LAWGUY
Attorney for Plaintiff
FRED A. WRONGED
Verification?
Some Complaints and other pleadings
must be “verified”. This means that
the truth of the alleged facts in the
document must be declared under
penalty of perjury.
 The attorney decides which ones!


See example
Other prep?
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Make 2 copies
2 hole punch the Complaint and all original forms,
centered at the top, 21/2 inches apart, 5/8 inches from
top (C.R.C, Rule 2.115)
Check fees
Confirm rules on court’s website, TWICE!
IF possible, check with the clerk working in the
department in which the case is assigned (after
Complaint and Answer, of course)
Tickler or note in the firms’ case tracking software the
date of filing.
Questions?