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18 Cards in this Set
- Front
- Back
Fact Pleading - Documents setting forth Claims and Defenses must: |
(1) Allege the ultimate facts on each element of each cause of action (2) Allow for meaningful response |
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Frivolous Litigation Requirements |
Same as FRCP Rule 11 |
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Frivolous Litigation - Sanctions - When Initiated |
Sanctions can be Initiated (1) Sua Sponte (2) On Motion by Opposing Party
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Frivolous Litigation - Sanctions - When court may order party or attorney to pay opposing party's expenses and attorneys fees: |
(1) Bad Faith in Litigation (2) Frivolous Tactics in Litigation
Can be Initiated: (1) Sua Sponte (2) Motion by Opposing Party (3) No Safe Harbor |
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Requirements for a Complaint (v) |
Complaint must Contain (1) Fact Pleading Requirements (2) Statement of Facts (3) Statement of Whether this is a Limited Civil Case (4) Statement of Damages (5) Demand for Judgment |
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CA Pleadings - Special Matters that must be Pleaded with Reasonable Particularity |
(1) Civil Conspiracy (2) Tortious Breach of Contract (3) Unfair Business Practices (4) Products Liability Claims among multiple Defendants resulting from exposure to toxins |
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CA Pleadings - Rule for Fictitious Defendants |
If P is unaware of a Defendant's identity, he may name the defendant as "Doe" |
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Defendant's Response to Pleading - Possible Responses (7) |
(1) General Demurrer (2) Special Demurrer (3) Motion to Quash Service of Summons (4) Motion for Inconvenient Forum (5) Motion to Strike (6) Answer (7) D's Claim/Cross-Complaint |
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Defendant's Response - General Demurrer |
Defined: pleading that acts like a motion by the D, asserting that P's complaint fails to state facts sufficient to constitute a cause of action
*Similar to 12(b)(6) - Failure to State a Claim
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Defendant's Response - Special Demurrer |
Pleading that Acts like a Motion by the D; asserts a defense (failure to join indispensible party, failure to make a definite statement, lack of legal capacity)
(1) Waived if not raised timely (2) Not available in limited Civil Cases
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Defendant's Response - Motion to Quash Service of Summons |
Motion that Asserts Defenses of: (1) Lack of PJ (2) Insufficient Process (3) Improper Service of Process |
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Defendant's Response - Motion for Inconvenient Forum |
Waived if raised after Demurrer or Motion to Strike, May be Raised after Answer |
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Anti-SLAPP Motion to Strike |
SLAP: Strategic Lawsuits Against Public Participation [ex. P sues D for act D took in furtherance of free speech right; D makes anti-slapp motion to strike]
Requirements: (1) D: must show that P's COA arises from protected activity; then burden shifts (2) P: must show probability of winning on the merits
D who wins anti-slapp suit can turn around and sue P for malicious prosecution |
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Defendant Claims - California Cross-Complaint |
CA Cross Complaint = Federal Counterclaim, Crossclaim and Impleader |
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Defendant Claims - 3 Kinds of Cross-Complaints |
(1) Cross-Complaint Against P (2) Cross Complaint against Co-Defendant (2) Cross-Complaint against Third Party |
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Right to Amend (Plaintiffs and Defendants) |
Any party has a right to amend one time: (1) Before D files answer or demurrer; OR (2) After demurrer but before hearing on the issue of demurrer |
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CA - Right to Amend - Relation Back Rules |
Requirements: (1) Amended Pleading concerns same T/O as original pleading |
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CA - Right to Amend - Amending Pleadings to Substitute Named D for Fictitious D |
Amended Pleading will relate back if (1) Amended Pleading concerns same T/O as original pleading; (2) The original complaint was filed before the SOL ran; (3) Contained a charging allegation against "Doe"; and (4) Substitution of named D for fictitious D is within 3 years of filing of original pleading |