California Pleadings Demanding Relief

Part 2, Title 6, Chapter 2 of the California Code of Civil Procedure deals with pleadings demanding relief in civil actions. Article 1 contains general provisions. Section 425.10 requires a complaint or cross-complaint to contain two specified items.

Section 425.11 defines the terms “complaint,” “plaintiff,” and “defendant.” When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. There are specified requirements for serving the request.

Section 425.115 includes cross-complaints, complainants, and defendants. The plaintiff preserves the right to seek punitive damages on a default judgment by serving upon the defendant a specified statement, or its substantial equivalent. There are specified requirements for serving this statement on a defendant.

Section 425. required the Judicial Council to develop and approve official forms for use in trial courts of this state for any complaint, cross-complaint or answer in any action based upon personal injury, property damage, wrongful death, unlawful detainer, breach of contract or fraud, as well as for statements of damages.

Section 425.13 provides that, in any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages can be included in a complaint or other pleading, unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The term “health care provider” is defined.

Section 425.14 specifies that no claim for punitive or exemplary damages against a religious corporation or religious corporation sole can be included in a complaint or other pleading, unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed.

Section 425.15 provides that 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 of any negligent act or omission by that person within the scope of that person’s duties as a director acting in the capacity of a board member, or as an officer acting in the capacity of, and within the scope of the duties of, an officer, can be included in a complaint or other pleading, unless the court enters an order allowing the pleading that includes that claim to be filed after the court determines that the party seeking to file the pleading has established evidence that substantiates the claim. This section applies only to officers and directors of nonprofit corporations that are organized to provide charitable, educational, scientific, social, or other forms of public service and that are exempt from federal income taxation. 

Section 425.16 provides legislative findings and declarations that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.

A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue is subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.

The court must make a determination based upon specified information. Generally a prevailing defendant on a special motion to strike is entitled to recover that defendant’s attorney’s fees and costs. This section does not apply to any enforcement action brought in the name of the people of the State of California by the Attorney General, Insurance Commissioner, district attorney, or city attorney, acting as a public prosecutor.

The phrase “act in furtherance of a person’s right of petition or free speech under the United States or California Constitution in connection with a public issue” is defined. The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. An order granting or denying a special motion to strike is appealable.

Section 425.17 includes legislative findings and declarations that there has been a disturbing abuse the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, contrary to the purpose and intent of the law.

Section 425.16 does not apply to any action brought solely in the public interest or on behalf of the general public if the three specified conditions exist. It also does not apply to any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services if specified conditions are met. There are other specified exceptions.

Section 425.18 includes legislative findings and declarations that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. This section defines the terms “SLAPPback” and “special motion to strike.” There are requirements for when a special motion to strike a SLAPPback must be filed. This section does not apply to a SLAPPback filed by a public entity.

Section 425.19 contains legislative findings and declarations concerning the public interest to encourage priority housing development projects are reserved for lower income households. In all civil actions brought by any plaintiff to challenge the approval or permitting of a priority housing development project, a defendant may bring a special motion to strike the whole or any part of a pleading. The court must deny the motion to strike in specified circumstances. There are numerous requirements for court determinations on these motions and the court’s decision.

Section 425.30 provides that, in an action for collection of consumer debt, common counts may not be used. The terms “common count” and “consumer debt” are defined.

Section 425.50 states that an allegation of a construction-related accessibility claim in a complaint must state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim, including at least five specified items. The complaint must be verified by the plaintiff.

A complaint alleging a construction-related accessibility claim filed by, or on behalf of, a high-frequency litigant is required to include a specified statement in the caption. An attorney must sign the complaint and certify four specified items.

Section 425.55 contains three legislative findings and declarations including that protection of the civil rights of persons with disabilities is of the utmost importance to this state, and private enforcement is the essential means of achieving that goal, as the law has been designed. In addition, the term “high-frequency litigant” is defined in detail.