CHAPTER 2. Pleadings Demanding Relief [425.10. - 429.30.]
Chapter 2 repealed and added by Stats. 1971, Ch. 244.
§§ 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…