California Code of Civil Procedure. California

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СКАЧАТЬ style="font-size:15px;">      (e) A defendant or cross-defendant may make a motion under this section and simultaneously answer, demur, or move to strike the complaint or cross-complaint.

      (1) Notwithstanding Section 1014, no act by a party who makes a motion under this section, including filing an answer, demurrer, or motion to strike constitutes an appearance, unless the court denies the motion made under this section. If the court denies the motion made under this section, the defendant or cross-defendant is not deemed to have generally appeared until entry of the order denying the motion.

      (2) If the motion made under this section is denied and the defendant or cross-defendant petitions for a writ of mandate pursuant to subdivision (c), the defendant or cross-defendant is not deemed to have generally appeared until the proceedings on the writ petition have finally concluded.

      (3) Failure to make a motion under this section at the time of filing a demurrer or motion to strike constitutes a waiver of the issues of lack of personal jurisdiction, inadequacy of process, inadequacy of service of process, inconvenient forum, and delay in prosecution.

      (Amended by Stats. 2002, Ch. 69, Sec. 1. Effective January 1, 2003.)

      418.11. An appearance at a hearing at which ex parte relief is sought, or an appearance at a hearing for which an ex parte application for a provisional remedy is made, is not a general appearance and does not constitute a waiver of the right to make a motion under Section 418.10.

      (Added by Stats. 1987, Ch. 62, Sec. 1.)

      TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS

      CHAPTER 1.

      The Pleadings in General

      420. The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the Court.

      (Enacted 1872.)

      421. The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this Code.

      (Enacted 1872.)

      422.10. The pleadings allowed in civil actions are complaints, demurrers, answers, and cross-complaints.

      (Added by Stats. 1971, Ch. 244.)

      422.30. (a) Every pleading shall contain a caption setting forth:

      (1) The name of the court and county in which the action is brought.

      (2) The title of the action.

      (b) In a limited civil case, the caption shall state that the case is a limited civil case, and the clerk shall classify the case accordingly.

      (Amended by Stats. 2002, Ch. 784, Sec. 60. Effective January 1, 2003.)

      422.40. In the complaint, the title of the action shall include the names of all the parties; but, except as otherwise provided by statute or rule of the Judicial Council, in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

      (Added by Stats. 1971, Ch. 244.)

      CHAPTER 2.

      Pleadings Demanding Relief

      ARTICLE 1. General Provisions [425.10–425.55] (Article 1 added by Stats. 1971, Ch. 244.)

      425.10. (a) A complaint or cross-complaint shall contain both of the following:

      (1) A statement of the facts constituting the cause of action, in ordinary and concise language.

      (2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.

      (b) Notwithstanding subdivision (a), where an action is brought to recover actual or punitive damages for personal injury or wrongful death, the amount demanded shall not be stated, but the complaint shall comply with Section 422.30 and, in a limited civil case, with subdivision (b) of Section 70613 of the Government Code.

      (Amended by Stats. 2005, Ch. 75, Sec. 32. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)

      425.11. (a) As used in this section:

      (1) “Complaint” includes a cross-complaint.

      (2) “Plaintiff” includes a cross-complainant.

      (3) “Defendant” includes a cross-defendant.

      (b) 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. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.

      (c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be taken.

      (d) The statement referred to in subdivision (b) shall be served in the following manner:

      (1) If a party has not appeared in the action, the statement shall be served in the same manner as a summons.

      (2) If a party has appeared in the action, the statement shall be served upon the party’s attorney, or upon the party if the party has appeared without an attorney, in the manner provided for service of a summons or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.

      (e) The statement referred to in subdivision (b) may be combined with the statement described in Section 425.115.

      (Amended by Stats. 2006, Ch. 538, Sec. 63.5. Effective January 1, 2007.)

      425.115. (a) As used in this section:

      (1) “Complaint” includes a cross-complaint.

      (2) “Plaintiff” includes a cross-complainant.

      (3) “Defendant” includes a cross-defendant.

      (b) The plaintiff preserves the right to seek punitive damages pursuant to Section 3294 of the Civil Code on a default judgment by serving upon the defendant the following statement, or its substantial equivalent:

      NOTICE TO _____________________________________:

      (Insert name of defendant or cross-defendant)

      _____________________ reserves the right to seek

      (Insert name of plaintiff or cross-complainant)

      $ __________________________ in punitive damages

      (Insert dollar amount) when____________________ seeks a judgment in the

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