TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420. - 475.]
Title 6 enacted 1872.
§§ 420–475 · 88 sections
CHAPTER 1. The Pleadings in General §§ 420–422.40 · 5 sections
- § 420 The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the Court.
- § 421 The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this Code.
- § 422.10 The pleadings allowed in civil actions are complaints, demurrers, answers, and cross-complaints.
- § 422.30 (a) Every pleading shall contain a caption setting forth: (1) The name of the court and county in which the action is brought. (2) The title of the action. (b)…
- § 422.40 In the complaint, the title of the action shall include the names of all the parties; but, except as otherwise provided by statute or rule of the Judicial…
CHAPTER 2. Pleadings Demanding Relief §§ 425.10–429.30 · 30 sections
ARTICLE 1. General Provisions §§ 425.10–425.55 · 14 sections
- § 425.10 (a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of action, in ordinary and concise…
- § 425.11 (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant. (3) “Defendant” includes a…
- § 425.115 (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant. (3) “Defendant” includes a…
- § 425.12 (a) The Judicial Council shall develop and approve official forms for use in trial courts of this state for any complaint, cross-complaint or answer in any…
- § 425.13 (a) In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a…
- § 425.14 No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be included in a complaint or other pleading…
- § 425.15 (a) No cause of action against a person serving without compensation as a director or officer of a nonprofit corporation described in this section, on account…
- § 425.16 (a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the…
- § 425.17 (a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California Anti-SLAPP Law, which has undermined the…
- § 425.18 (a) The Legislature finds and declares that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. The…
- § 425.19 (a) The Legislature finds and declares all of the following: (1) The lack of affordable housing is a critical problem that threatens the economic,…
- § 425.30 (a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a “common count” includes, but is not limited…
- § 425.50 (a) An allegation of a construction-related accessibility claim in a complaint, as defined in subdivision (a) of Section 55.52 of the Civil Code, shall state…
- § 425.55 (a) The Legislature finds and declares all of the following: (1) Protection of the civil rights of persons with disabilities is of the utmost importance to…
ARTICLE 2. Compulsory Cross-Complaints §§ 426.10–426.70 · 6 sections
- § 426.10 As used in this article: (a) “Complaint” means a complaint or cross-complaint. (b) “Plaintiff” means a person who files a complaint or cross-complaint. (c)…
- § 426.30 (a) Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related…
- § 426.40 This article does not apply if any of the following are established: (a) The cause of action not pleaded requires for its adjudication the presence of…
- § 426.50 A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other…
- § 426.60 (a) This article applies only to civil actions and does not apply to special proceedings. (b) This article does not apply to actions in the small claims court.…
- § 426.70 (a) Notwithstanding subdivision (a) of Section 426.60, this article applies to eminent domain proceedings. (b) The related cause of action may be asserted by…
ARTICLE 3. Permissive Joinder of Causes of Action § 427.10 · 1 section
- § 427.10 (a) A plaintiff who in a complaint, alone or with coplaintiffs, alleges a cause of action against one or more defendants may unite with such cause any other…
ARTICLE 4. Cross-Complaints §§ 428.10–428.80 · 8 sections
- § 428.10 A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the…
- § 428.20 When a person files a cross-complaint as authorized by Section 428.10, he may join any person as a cross-complainant or cross-defendant, whether or not such…
- § 428.30 Where a person files a cross-complaint as authorized by Section 428.10, he may unite with the cause of action asserted in the cross-complaint any other causes…
- § 428.40 The cross-complaint shall be a separate document.
- § 428.50 (a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as…
- § 428.60 A cross-complaint shall be served on each of the parties in an action in the following manner: (1) If a party has not appeared in the action, a summons upon…
- § 428.70 (a) As used in this section: (1) “Third-party plaintiff” means a person against whom a cause of action has been asserted in a complaint or cross-complaint, who…
- § 428.80 The counterclaim is abolished. Any cause of action that formerly was asserted by a counterclaim shall be asserted by a cross-complaint. Where any statute…
ARTICLE 5. Contents of Documents in Particular Actions or Proceedings § 429.30 · 1 section
- § 429.30 (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes the person filing a cross-complaint. (b) If the complaint…
CHAPTER 3. Objections to Pleadings; Denials and Defenses §§ 430.10–432.10 · 17 sections
ARTICLE 1. Objections to Pleadings §§ 430.10–430.90 · 10 sections
- § 430.10 The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any…
- § 430.20 A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following…
- § 430.30 (a) When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is required to…
- § 430.40 (a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the…
- § 430.41 (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party…
- § 430.50 (a) A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein. (b) A…
- § 430.60 A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so, it…
- § 430.70 When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter…
- § 430.80 (a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed…
- § 430.90 (a) Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper…
ARTICLE 2. Denials and Defenses §§ 431.10–431.70 · 6 sections
- § 431.10 (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it…
- § 431.20 (a) Every material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true. (b)…
- § 431.30 (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Defendant” includes a person filing an answer to a cross-complaint. (b) The…
- § 431.40 (a) Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property in controversy…
- § 431.50 In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause…
- § 431.70 Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is…
ARTICLE 3. Time to Respond to Cross-Complaint § 432.10 · 1 section
- § 432.10 A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as to an…
CHAPTER 4. Motion to Strike §§ 435–437 · 4 sections
- § 435 (a) As used in this section: (1) The term “complaint” includes a cross-complaint. (2) The term “pleading” means a demurrer, answer, complaint, or…
- § 435.5 (a) Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the…
- § 436 The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant,…
- § 437 (a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial…
CHAPTER 5. Summary Judgments and Motions for Judgment on the Pleadings §§ 437c–439 · 3 sections
- § 437c (a) (1) A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the…
- § 438 (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant. (3) “Defendant” includes a…
- § 439 (a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video…
CHAPTER 6. Verification of Pleadings § 446 · 1 section
- § 446 (a) Every pleading shall be subscribed by the party or his or her attorney. When the state, any county thereof, city, school district, district, public agency,…
CHAPTER 7. General Rules of Pleading §§ 452–465 · 13 sections
- § 452 In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice…
- § 454 It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days…
- § 455 In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify…
- § 456 In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment…
- § 457 In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated…
- § 458 In pleading the Statute of Limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is…
- § 459 In pleading a private statute, or an ordinance of a county or municipal corporation, or a right derived therefrom, it is sufficient to refer to such statute or…
- § 460 In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff…
- § 460.5 (a) In any action for libel or slander, for good cause shown upon ex parte written application, the court may order that the time to respond to the complaint…
- § 460.7 (a) In any action by a candidate or former candidate for elective public office against a holder of elective public office or an opposing candidate for libel…
- § 461 In any action within Section 460 or 460.5, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating…
- § 464 (a) The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case…
- § 465 Except with leave of the court, all pleadings subsequent to the complaint, together with proof of service unless a summons need be issued, shall be filed with…
CHAPTER 8. Variance—Mistakes in Pleadings and Amendments §§ 469–475 · 15 sections
- § 469 Variance between the allegation in a pleading and the proof shall not be deemed material, unless it has actually misled the adverse party to his or her…
- § 470 Where the variance is not material, as provided in Section 469 the court may direct the fact to be found according to the evidence, or may order an immediate…
- § 471 Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its…
- § 471.5 (a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed,…
- § 472 (a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer…
- § 472a (a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a…
- § 472b When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the…
- § 472c (a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making…
- § 472d Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground or grounds…
- § 473 (a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking…
- § 473.1 The court may, upon such terms as may be just, relieve a party from a judgment, order, or other proceeding taken against him or her, including dismissal of an…
- § 473.2 (a) A party that was not served with a summons and complaint in accordance with this chapter may file and serve a motion to set aside or vacate the default or… see note
- § 473.5 (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered…
- § 474 When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit,…
- § 475 The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the…