Category: California Civil Procedure

Pleadings Pleading generally – be alert whenever the fact pattern gives you information about either (1) when a pleading was served or filed (whether it’s a complaint, answer or reply,) or (2) the contents of the pleadings. The complaint Jurisdiction allegations – if the pleading you are given is a federal complaint, make sure that…

Civil Procedure Outline Spring 2010 Pleadings    PLEADINGS >> used to put the parties on notice of the other party’s contentions. Rules on the Form of Pleadings comes from Rule 10 – (a) caption, names of parties; (b) paragraphs; separate statements; and (c) adoption by reference; exhibits. Per Rule 11(a) – every pleading, motion, paper,…

CALIFORNIA CIVIL PROCEDURE MALICIOUS PROSECUTION Crowley v. Kattleman: The wife files a claim to contest the will of her late husband (prepared by an atty friend, who was also the beneficiary.) Her claim is based on six different grounds. The atty wins and then files a malicious prosecution action saying that all the grounds except…