1. Let’s Sue! PLEADINGS

3. 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.

4. 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.

5. Basic Pleadings Complaint Answer to Complaint Demurrer
Cross-complaints

6. 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

7. 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

8. 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

9. Requirements for Pleadings
Each pleading must be signed by an attorney [or the party, if they are not represented by an attorney].

10. 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

11. 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

12. Civil Cover Sheet
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

13.  Complaints  Answers  Cross-complaints

14. 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

15. No title… just liked the photo

16. 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.

17. 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

18. 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.

19. 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).

20. Prayer For Relief
CCP § (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

21. 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.

22. 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

23. 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.

24. 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.

25. 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

26. Cross-Complaints Types of Cross-complaints Against the plaintiff
Against a co-defendant
Against a 3rd party

27. Compulsory Cross-complaints
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 cross-complaint, the right to relief is waived.

28. Permissive Cross-complaints
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

29. 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.

30. What Else?
Special Pleadings

31. 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.

32. 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.

33. 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

34. Amended Pleadings Amendment by Right
CCP §472
A plaintiff can make any changes to a complaint before a defendant has answered the complaint

35. 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.

36. 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!

37. The Caption 2 San Diego, California 92101 3
1 Robert A. Unger, Esq. (SBN )
123 Winner Lane, Suite 456
2 San Diego, California 92101
(619) 3 4
5 Attorney for Plaintiff or Defendant
6 WALTER WRONGED or WRONGDOER 7
COURT NAME
NAME OF COUNTY 10
11 NAME, ) CASE No. C
12 Plaintiff ) ANSWER TITLE (ALL CAPS)
13 vs. )
14 ) Dept. 83
15 NAME, ) Judge: Honorable Julie Justice
16 Defendant )

38. The Caption KAREN COLBY, Esq. (SBN 123456)
JONATHAN McINTOSH (SBN )
COLBY & McINTOSH
400 Third Street
Chula Vista, CA 91910
(619)
Attorneys for Plaintiffs

39. 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:

40. 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

41. WRONGFUL IMPRISONMENT
Causes of Action
Stated as follows:
FIRST CAUSE OF ACTION
NEGLIGENCE
Followed by facts pertaining to the elements
SECOND CAUSE OF ACTION
WRONGFUL IMPRISONMENT

42. Bottom Caption
For filing purposes and to make the clerk’s life simpler… Label placed at bottom caption!
COMPLAINT FOR PERSONAL INJURY

43. 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…

44. 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

45. 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

46. Other prep?
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.

47. Questions?