CALIFORNIA CIVIL LITIGATION INTRODUCTION TO PLEADINGS © 2005 by Thomson Delmar Learning. All Rights Reserved.

define the issues of the case. PLEADINGS— define the issues of the case.

STATE COURT PLEADINGS Complaints Demurrers Answers Cross-complaints

COMPLAINTS— contain the factual allegations and request for relief of the plaintiff.

DEMURRERS— motions made before answering to challenge a complaint, cross-complaint, and, rarely, an answer.

ANSWERS— contain the denials, defenses, and relief sought by the defendant.

CROSS-COMPLAINTS— contain the affirmative claims of and relief sought by a party other than the plaintiff.

FEDERAL COURT PLEADING Complaints Cross-complaints/Counterclaims/Third Party Claims Answers

FEDERAL COURT CROSS-ACTIONS Counterclaim – by defendant against plaintiff. Cross-complaints – against a co-party. Third-party claim – against a party new to the action.

FEDERAL COURT MOTION TO DISMISS— equivalent to state court demurrer.

ALLEGATIONS— State court: “causes of action” Federal court: “claims” and “counts”

CAUSES OF ACTION— legal theories applied to the facts of the case to justify relief sought.

ANSWERS— Denials of allegations of the complaint Affirmative defenses showing defenses to the allegations of the complaint Request for relief that plaintiff take nothing

PARTIES— Plaintiff must be the “real party in interest.” All parties must have “capacity.” Some parties must be joined in a single action or any right to recover from them is lost (“compulsory joinder), and others may be joined in that action, otherwise a separate action can be brought against them (permissive joinder”).

REAL PARTY IN INTEREST— the person who has the right to sue under substantive law.

CAPACITY All natural persons have capacity except minors and incompetents. Unnatural persons (entities) must be properly formed and qualified. LACK OF CAPACITY PRECLUDES MAINTAINING SUIT OR DEFENSE.

COMPULSORY JOINDER A party must be joined in the case if relief cannot be obtained without him, and lack of joinder threatens future litigation.

PERMISSIVE JOINDER A party may be joined if the right to relief arises out of the same general events; the right asserted is joint/several; and/or there is one or more common questions of fact or law.

SUMMARY Types of Pleadings, Joinder PREVIEW Complaints/Cross-Complaints