thus, when dealing w/ govt. hospital (such as D in notices Wurts), … are NOT to be combined (unless made clear that one notice is to satisfy both statutes) (CA ONLY) check boxes, fill in blanks Form complaint Unlike (drafted/written), allows for more facts customized complaint AND more causes of actions… BUT, consequently, is more IS judicially-approved… but, NOT immune from Form complaint demurrer In P sues D People Ex Rel. Dept. of Transportation v. Sup. Ct., (CalTrans) after car accident… BUT, NO causation b/c form used (lacking complaint facts… essential to state a cause “ultimate D wins of action”) demurrer… BUT, b/c is generally used in AND form complaint limited cases, … b/c are expensive, MAY be better to settle/fight case demurrers (CA) vs. (federal)… Code pleading notice pleading requires ONLY notice of what being sued for… Notice pleading whereas, requires facts of what being sued for code pleading … In P sues D (employer) trial Bockrath v. Aldrich Chemical Co., contracting cancer, claiming that it was caused by chemicals at work… BUT, connection NOT drawn b/w P’s injury and causation … (difficult to determine what actually causes cancer)… SO, court tells P to add long list of facts to complaint… … though, if P could really add such facts to then complaint, … likely would have forced D to settle… thus, MAY eliminate bogus lawsuits, BUT also code pleading … MAY allow Ds to avoid responsibility vs. Subscription verification… on (CCP as attorney’s Subscription/signature complaint § 128.7) representation of good to the court… whereas, is a declaration that is truthful verification complaint … perjury of law) attorneys generally do NOT verify, BUT client MAY must include statement of AND demand for judgment (CCP Complaint § 425.10) Demand for judgment (listed as states what P is for Relief”) “Prayer seeking equity OR $$ damages (AND, possibly, how much)…
… thus, when dealing w/ govt. hospital (such as D in Wurts), notices are NOT to be combined (unless made clear that one notice is to satisfy both statutes) Form complaint (CA ONLY) check boxes, fill in blanks Unlike customized complaint (drafted/written), allows for more facts AND more causes of actions… BUT, consequently, is more Form complaint IS judicially-approved… but, NOT immune from demurrer In People Ex Rel. Dept. of Transportation v. Sup. Ct., P sues D (CalTrans) after car accident… BUT, NO causation b/c form complaint used (lacking “ultimate facts… essential to state a cause of action”) D wins demurrer… … BUT, b/c form complaint is generally used in limited cases, AND b/c demurrers are expensive, MAY be better to settle/fight case Code pleading (CA) vs. notice pleading (federal)… Notice pleading requires ONLY notice of what being sued for… … whereas, code pleading requires facts of what being sued for In Bockrath v. Aldrich Chemical Co., P sues D (employer) contracting cancer, claiming that it was caused by chemicals at work… … BUT, connection NOT drawn b/w P’s injury and causation (difficult to determine what actually causes cancer)… … SO, court tells P to add long list of facts to complaint… … though, if P could really add such facts to complaint, then likely would have forced D to settle… … thus, code pleading MAY eliminate bogus lawsuits, BUT also MAY allow Ds to avoid responsibility Subscription vs. verification… Subscription/signature on complaint (CCP § 128.7) as attorney’s representation of good to the court… … whereas, verification is a declaration that complaint is truthful perjury of law) attorneys generally do NOT verify, BUT client MAY Complaint must include statement of AND demand for judgment (CCP § 425.10) Demand for judgment (listed as “Prayer for Relief”) states what P is seeking equity OR $$ damages (AND, possibly, how much)… trial
Civ-Pro-II_Bakhshian-Fall-2009.docx