General Rules of Pleading

California’s Code of Civil Procedure in Part 2, Title 6, Chapter 7 deals with general rules of pleading in civil actions. Section 452 states that, in the construction of 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 provides that it is not necessary for a party to set forth in a pleading the items of an account alleged, but he must deliver to the adverse party, within 10 days after a demand in writing, a copy of the account, or be precluded from giving evidence.

Section 455 requires, in an action for the recovery of real property, description in the complaint with such certainty as to enable an officer, upon execution, to identify it.

Section 456 states, 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. If the allegation is controverted, the party pleading must establish on the trial the facts conferring jurisdiction and creating finality.

Section 457 provides, in pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing the performance, but it may be stated generally that the party duly performed all the conditions on his part, and if the allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance.

Section 458 states, 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 section of The Code of Civil Procedure; and if the allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.

Section 459 specifies, in pleading a private statute, or an ordinance of a county or municipal corporation, or a right derived, it is sufficient to refer to the statute or ordinance by its title and the day of its passage. In pleading the performance of conditions precedent under a statute or an ordinance of a county or municipal corporation, or of a right derived therefrom, it is not necessary to state the facts showing the performance.

Section 460 states, 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 explains, 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 stating facts showing that the alleged defamatory matter has been continuously published and that there is a reasonable likelihood that the publication will continue.

The time allowed the defendant to respond to the complaint or amend the answer cannot exceed 10 days. The court must give the action precedence over all other civil actions, with specific exceptions. The term “continuously published” is defined.

Section 460.7 states, 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 time allowed the defendant to respond to the complaint or amend the answer cannot exceed 10 days.

Section 461 allows the defendant, in the answer, to allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages. Whether he proves the justification or not, he may give in evidence the mitigating circumstances.

Section 464 authorizes 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. The plaintiff and defendant may, in any action in which the support of children is an issue, file a supplemental complaint seeking a judgment or order of paternity or support for a child of the mother and father of the child whose paternity and support are already in issue before the court.

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