Code of Civil Procedure General Rules of Pleading

In Part 2, Title 6, Chapter 7 of the California Code of Civil Procedure, there are general rules of pleading. Section 452 provides that, in constructing a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.

Section 454 specifies that it is not necessary for a party to set forth in a pleading the items of an account alleged, but the party must deliver to the adverse party, within ten days after a demand in writing, a copy of the account, or be precluded from giving evidence.

Section 455 states that, 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 it.

Section 456 says that, in pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but the judgment or determination may be stated to have been duly given or made and to have become final.

Section 457 provides that, in pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing performance, but it may be stated generally that the party duly performed all the conditions on their part.

Section 458 states that, 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 barred by the provisions of a specified sections of The Code of Civil Procedure.

Section 459 provides that, 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 the statute or ordinance by its title and the day of its passage.

Section 460 says that, 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 of the defamatory matter out of which the cause of action arose.

Section 460.5 states that, 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 is 20 days after the service of summons on the defendant. The application must be supported by an affidavit demonstrating certain conditions. The court is to give this action precedence over all other civil actions, with certain exceptions. The term “continuously published” in provided in this section.

Section 460.7 provides that, 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 or slander that is alleged to have occurred during the course of an election campaign, the court is required to order that the time to respond to the complaint is 20 days after the service of summons on the defendant. The court is to give this action precedence over all other civil actions, with certain exceptions.

Section 461 states that, in specified circumstances, the defendant may, in his or her answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages.

Section 464 allows the plaintiff and defendant, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.

Section 465 specifies that, except with leave of the court, all pleadings subsequent to the complaint, together with proof of service unless a summons need be issued, are filed with the clerk or judge, and copies served upon the adverse party or his or her attorney.