The only basic pleadings allowed in civil litigation actions are complaints, demurrers, answer, and cross-complaints.

California is a fact pleading state.

There are no content requirements for complaints.

Unless otherwise ordered, all pleadings should be filed with the court clerk

Pleadings filed in California superior court must be verified.

Recycled paper is require for all original papers filed with the court..

Judicial Council forms are required to be used in some cases, and are merely permissive in other cases.

If the Judicial Council form states “Adopted” then the form must be used for the particular filing.

If the Judicial Council form says “Approved” the form may or may not be used.

A verified pleading requires a party to state that the facts in the pleading are true and are correct to the best of the party’s information and belief.

Verified pleadings are necessary in federal court because of Rule 11.

A complaint by a defendant against the plaintiff in federal court is called a cross claim.

A complaint by a defendant against another defendant in federal court is called a counter claim?

A complaint against a third party is called a third-party complaint.

A certificate or affidavit of service is a statement that is attached at the end of the pleading so the court will know that the document has been timely and properly served.

A format requirement is that the caption is used to identify the names of the parties, the court in which the case is being filed, and the title of the action. .

The caption of the pleadings can be amended without a court order if the filing party makes a mistake in naming the proper parties.

Each pleading should be labeled to show what type it is, such as a complaint, answer, etc.

A lawyer who signs a pleading verifies that the document should be filed with the court.

The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the Court.

In a limited civil case, the caption of every pleading must also state that the case is a limited civil case.

California is a fact pleading state. This means that the complaint, or cross-complaint, must contain a statement of the facts constituting the cause of action in ordinary and precise language

Commencing with line seven, the title of the court shall be listed on pleadings.

Pleadings may be filed with the court either before service or shortly after the time of service.

Venue needs to be alleged in the introductory paragraphs of the complaint.

All the proper legal elements to prove a cause of action must be stated in the complaint.

Each cause of action must be separately stated in the complaint.

A summons and complaint may be served on an individual living in California by mail alone.

Service of a summons and a complaint on a corporation may be made by serving any shareholder of the corporation.

If a complaint contains redundant, immaterial, impertinent, or scandalous matter, the proper response by the defendant is a motion to dismiss.

If a complaint is so vague or ambiguous that the defendant cannot respond to it, the defendant may file a demurrer.

A defendant may raise certain defenses either in the answer or by a demurrer.

As a general rule, the defendant must serve an answer to the complaint within 30 days after service.

An affirmative defense raises matters that are put in issue by the defendant's denial of the allegations in the complaint

A defendant may file a cross-complaint against the plaintiff within the time the defendant has to answer the complaint.

A plaintiff does not need to reply to the defendant's cross-complaint since it will be assumed that the plaintiff denies all allegations of the cross-complaint.

The caption is used to identify the names of the parties, the court in which the case is being filed, and the title of the action.

A defendant may respond to an allegation in the complaint by admitting, denying, or claiming a lack of knowledge, information or belief.

A cross-complaint is compulsory if the claim arises out of the same transaction or occurrence on which the complaint is based.

Failure to file a compulsory cross-complaint will thereafter bar the claim.

A permissive cross-complaint is one that may be, but does not have to be brought in the same action.

A nonparty may want to intervene in an action if their interests are affected by the outcome of the litigation.

The reason why some cross-complaints are compulsory and some against others are always permissive is because the defendants should not be compelled to litigate their claims against other parties in the forum and at the same time chosen by plaintiffs.

Since federal courts are courts of limited jurisdiction the complaint must specifically allege jurisdiction so the court can easily verify that the action is properly being brought in federal court.

Notice pleading is a short plain statement in the claim showing that the pleader is entitled to relief,

In federal and state courts, some allegations such as fraud and mistake must be pleaded with particularity.

Fact pleading requires specific facts to be alleged so that the party knows the basis for the complaint.

Causes of action are not theories of recovery, but are maxims of law.

In federal court, theories of recovery are referred as counts.

Personal service is required for service out of state.

To require personal service on an out of state defendant is very costly and could act as a barrier for plaintiffs to file suit.

Service out of state is permitted by certified mail and return receipt requested.

A plaintiff has three years to serve a summons and complaint upon a defendant (CCP Sec. 583.210 (a)

California is a code pleading state.

The memorandum of points and authorities is a document setting forth the background facts and legal authorities to support the motion. 

When opposing a motion, it is important to include case law and other authority that the judge should consider

Under the federal rules, a motion must be made in writing.

The California Rules of Court govern the form, notice and content of motions.

The proof of service should never be attached to the motion.

A proof of service is a certificate that states that service on the other parties has been made in a proper manner.

As a general rule, CCP § 1005 provides that a motion must be served and filed at least 20 days in advance of the hearing.

The motion must include a writing notice of motion, a memorandum of points and authorities identifying the law supporting the motion, and a proof of service.

If the motion is not going to be opposed, the respondent should advise the other attorney or file a notice of non-opposition.

Tentative rulings are often issued to give the parties the court’s preliminary thoughts.  In that way, the parties can concentrate at oral argument on the issues that the court finds to be most critical to the decision-making.

You do not need to follow the local rules governing motions so long as you follow the Code of Civil Procedure.

The proof of service is usually attached at the end so the court clerk can quickly verify that the motion was served timely and in a proper manner.

Following service of the motion, the originals of the notice and motion should be filed with the clerk of the court along with a proof of service.

A moving party may want to give greater notice because it is less likely that the opposing party will need to obtain a continuance of the hearing date, or seek additional time to respond.

A verified petition is no longer required under the Federal Rules of Civil Procedure when a defendant wishes to remove an action from state court to federal court.

Hearing dates are determined by local court rules.  The easiest way to ascertain hearing dates is to contact the clerk of the court and determine what days the court hears motions, and the time for such motions

All motions must be served on the opposing party by hand.

In general, the memorandum should have an introduction providing any factual background necessary to understand the motion, an argument section discussing the legal authorities upon which the motion is based, and a conclusion.

Written opinions or formal court orders are issued in more complex and important motions.

As a matter of good practice, all documentation that accompanies a motion should be attached to and served with the motion.

If a motion to extend time is made before the expiration of the applicable time period, the court may grant the motion for good cause, absent a showing of bad faith or actual prejudice.

A memorandum of points and authorities is the same as a declaration or affidavit.

The party bringing the motion is generally referred to as the moving party.

A notice for removal of an action from state court to federal court must be made within 30 days after the defendant receives notice of the plaintiff's initial pleading.

Once a lawsuit is filed, there may not be a substitution of parties.

The party responding to a motion is generally referred to as the respondent (or responding party).

A minute order is simply a form that the clerk of the court makes reflecting the court’s ruling.

If a motion to extend time is made after the applicable time period has expired, the moving party must show good cause for granting the motion.

Once a notice of removal is filed, the parties must wait for an order from the court to effect the removal.

A proof of service is a certificate issue by a lawyer or non lawyer that states that service on the other parties has been made in a proper way.

Pleadings are used by the plaintiff to start the litigation,,