reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 5 - JURISDICTION AND SERVICE OF PROCESS › CHAPTER 4 - Service of Summons › ARTICLE 5 - Proof of Service › Section 417.20.

417.20. Proof that a summons was served on a person outside this state shall be made:
(a) If served in a manner specified in a statute of this state, as prescribed by Section 417.10, and if service is made by mail pursuant to Section 415.40, proof of service shall include evidence satisfactory to the court establishing actual delivery to the person to be served, by a signed return receipt or other evidence;
(b) In the manner prescribed by the court order pursuant to which the service is made;
(c) Subject to any additional requirements that may be imposed by the court in which the action is pending, in the manner prescribed by the law of the place where the person is served for proof of service in an action in its courts of general jurisdiction; or
(d) By the written admission of the party.
(e) If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed.
(Amended by Stats. 1972, Ch. 719.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 5 - JURISDICTION AND SERVICE OF PROCESS › CHAPTER 4 - Service of Summons › ARTICLE 5 - Proof of Service › Section 417.30.

417.30. After a summons has been served on a person, proof of service of the summons as provided in Section 417.10 or 417.20 shall be filed, unless the defendant has previously made a general appearance.
(Amended by Stats. 2005, Ch. 300, Sec. 3. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 5 - JURISDICTION AND SERVICE OF PROCESS › CHAPTER 4 - Service of Summons › ARTICLE 5 - Proof of Service › Section 417.40.

417.40. Any proof of service which is signed by a person registered under Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or his employee or independent contractor shall indicate the county in which he is registered and the number assigned to him pursuant to Section 22355 of the Business and Professions Code.
(Added by Stats. 1971, Ch. 1661.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 5 - JURISDICTION AND SERVICE OF PROCESS › CHAPTER 5 - Objection to Jurisdiction › Section 418.11.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 1 - The Pleadings in General › Section 421.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 1 - The Pleadings in General › Section 422.10.

422.10. The pleadings allowed in civil actions are complaints, demurrers, answers, and cross-complaints.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 1 - The Pleadings in General › Section 422.30.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 1 - The Pleadings in General › Section 422.40.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 1 - General Provisions › Section 425.10.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 1 - General Provisions › Section 425.11.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 1 - General Provisions › Section 425.115.

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
(Insert name of plaintiff or
cross-complainant)
suit filed against you.
(Insert name of attorney or
party appearing in propria persona)
(Date)
(c)  If the plaintiff seeks punitive damages pursuant to Section 3294 of the Civil Code, and if the defendant appears in the action, the plaintiff shall not be limited to the amount set forth in the statement served on the defendant pursuant to this section.
(d) A plaintiff who serves a statement on the defendant pursuant to this section shall be deemed to have complied with Sections 425.10 and 580 of this code and Section 3295 of the Civil Code.
(e) The plaintiff may serve a statement upon the defendant pursuant to this section, and may serve the statement as part of the statement required by Section 425.11.
(f) The plaintiff shall serve the statement upon the defendant pursuant to this section before a default may be taken, if the motion for default judgment includes a request for punitive damages.
(g) The statement referred to in subdivision (b) shall be served by one of the following methods:
(1) If the party has not appeared in the action, the statement shall be served in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
(2) If the party has appeared in the action, the statement shall be served upon his or her attorney, or upon the party if he or she has appeared without an attorney, either in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14.
(Amended by Stats. 2005, Ch. 706, Sec. 12. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 1 - General Provisions › Section 425.12.

425.12. (a) The Judicial Council shall 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.
(b) The Judicial Council shall develop and approve an official form for use as a statement of damages pursuant to Sections 425.11 and 425.115.
(c) In developing the forms required by this section, the Judicial Council shall consult with a representative advisory committee which shall include, but not be limited to, representatives of the plaintiff’s bar, the defense bar, the public interest bar, court administrators and the public. The forms shall be drafted in nontechnical language and shall be made available through the office of the clerk of the appropriate trial court.
(Amended by Stats. 1995, Ch. 796, Sec. 4. Effective January 1, 1996.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 1 - General Provisions › Section 425.13.

425.13. (a) In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall 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 court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code. The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed within two years after the complaint or initial pleading is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier.
(b) For the purposes of this section, “health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider.
(Amended by Stats. 1988, Ch. 1205, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 1 - General Provisions › Section 425.14.

425.14. No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall 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. The court may allow the filing of an amended pleading claiming punitive or exemplary damages on a motion by the party seeking the amended pleading and upon a finding, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established evidence which substantiates that plaintiff will meet the clear and convincing standard of proof under Section 3294 of the Civil Code.
Nothing in this section is intended to affect the plaintiff’s right to discover evidence on the issue of punitive or exemplary damages.
(Added by Stats. 1988, Ch. 1410, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 1 - General Provisions › Section 425.15.

425.15. (a) 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, shall 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. The court may allow the filing of a pleading that includes that claim following the filing of a verified petition therefor accompanied by the proposed pleading and supporting affidavits stating the facts upon which the liability is based. The court shall order service of the petition upon the party against whom the action is proposed to be filed and permit that party to submit opposing affidavits prior to making its determination. The filing of the petition, proposed pleading, and accompanying affidavits shall toll the running of any applicable statute of limitations until the final determination of the matter, which ruling, if favorable to the petitioning party, shall permit the proposed pleading to be filed.
(b) Nothing in this section shall affect the right of the plaintiff to discover evidence on the issue of damages.
(c) Nothing in this section shall be construed to affect any action against a nonprofit corporation for any negligent action or omission of a volunteer director or officer occurring within the scope of the person’s duties.
(d) For the purposes of this section, “compensation” means remuneration whether by way of salary, fee, or other consideration for services rendered. However, the payment of per diem, mileage, or other reimbursement expenses to a director or officer shall not constitute compensation.
(e) (1) This section applies only to officers and directors of nonprofit corporations that are subject to Part 2 (commencing with Section 5110), Part 3 (commencing with Section 7110), or Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code that are organized to provide charitable, educational, scientific, social, or other forms of public service and that are exempt from federal income taxation under Section 501(c)(1), except any credit union, or Section 501(c)(4), 501(c)(5), 501(c)(7), or 501(c)(19) of the Internal Revenue Code.
(2) This section does not apply to any corporation that unlawfully restricts membership, services, or benefits conferred on the basis of political affiliation, age, or any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code.
(Amended by Stats. 2007, Ch. 568, Sec. 16. Effective January 1, 2008.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 1 - General Provisions › Section 425.30.

425.30. (a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a “common count” includes, but is not limited to, a claim for recovery of any of the following:
(1) An open book account for money due.
(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.
(3) Money had and received by defendant for the use and benefit of plaintiff.
(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.
(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.
(6) Money lent by plaintiff to defendant at defendant’s request.
(7) Money paid out, laid out, and expended to or for defendant at defendant’s special instance and request.
(b) For purposes of this section, “consumer debt” means any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or in a written contract.
(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.
(Added by Stats. 2023, Ch. 688, Sec. 2. (AB 1414) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 2 - Compulsory Cross-Complaints › Section 426.10.

426.10. As used in this article:
(a) “Complaint” means a complaint or cross-complaint.
(b) “Plaintiff” means a person who files a complaint or cross-complaint.
(c) “Related cause of action” means a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 2 - Compulsory Cross-Complaints › Section 426.30.

426.30. (a) Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded.
(b) This section does not apply if either of the following are established:
(1) The court in which the action is pending does not have jurisdiction to render a personal judgment against the person who failed to plead the related cause of action.
(2) The person who failed to plead the related cause of action did not file an answer to the complaint against him.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 2 - Compulsory Cross-Complaints › Section 426.40.

426.40. This article does not apply if any of the following are established:
(a) The cause of action not pleaded requires for its adjudication the presence of additional parties over whom the court cannot acquire jurisdiction.
(b) Both the court in which the action is pending and any other court to which the action is transferrable pursuant to Section 396 are prohibited by the federal or state constitution or by a statute from entertaining the cause of action not pleaded.
(c) At the time the action was commenced, the cause of action not pleaded was the subject of another pending action.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 2 - Compulsory Cross-Complaints › Section 426.50.

426.50. A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 2 - Compulsory Cross-Complaints › Section 426.60.

426.60. (a) This article applies only to civil actions and does not apply to special proceedings.
(b) This article does not apply to actions in the small claims court.
(c) This article does not apply where the only relief sought is a declaration of the rights and duties of the respective parties in an action for declaratory relief under Chapter 8 (commencing with Section 1060) of Title 14 of this part.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 2 - Compulsory Cross-Complaints › Section 426.70.

426.70. (a) Notwithstanding subdivision (a) of Section 426.60, this article applies to eminent domain proceedings.
(b) The related cause of action may be asserted by cross-complaint in an eminent domain proceeding whether or not the party asserting such cause of action has presented a claim in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code to the plaintiff in the original eminent domain proceeding.
(Added by Stats. 1975, Ch. 1240.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 3 - Permissive Joinder of Causes of Action › Section 427.10.

427.10. (a) A plaintiff who in a complaint, alone or with coplaintiffs, alleges a cause of action against one or more defendants may unite with such cause any other causes which he has either alone or with any coplaintiffs against any of such defendants.
(b) Causes of action may be joined in a cross-complaint in accordance with Sections 428.10 and 428.30.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 4 - Cross-Complaints › Section 428.10.

428.10. A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following:
(a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. Nothing in this subdivision authorizes the filing of a cross-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3.
(b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.
(Amended by Stats. 1975, Ch. 1240.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 4 - Cross-Complaints › Section 428.20.

428.20. When a person files a cross-complaint as authorized by Section 428.10, he may join any person as a cross-complainant or cross-defendant, whether or not such person is already a party to the action, if, had the cross-complaint been filed as an independent action, the joinder of that party would have been permitted by the statutes governing joinder of parties.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 4 - Cross-Complaints › Section 428.30.

428.30. Where a person files a cross-complaint as authorized by Section 428.10, he may unite with the cause of action asserted in the cross-complaint any other causes of action he has against any of the cross-defendants, other than the plaintiff in an eminent domain proceeding, whether or not such cross-defendant is already a party to the action.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 4 - Cross-Complaints › Section 428.40.

428.40. The cross-complaint shall be a separate document.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 4 - Cross-Complaints › Section 428.50.

428.50. (a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.
(b) Any other cross-complaint may be filed at any time before the court has set a date for trial.
(c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.
(Amended by Stats. 1983, Ch. 176, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 4 - Cross-Complaints › Section 428.60.

428.60. A cross-complaint shall be served on each of the parties in an action in the following manner:
(1) If a party has not appeared in the action, a summons upon the cross-complaint shall be issued and served upon him in the same manner as upon commencement of an original action.
(2) If a party has appeared in the action, the cross-complaint shall be served upon his attorney, or upon the party if he has appeared without an attorney, in the manner provided for service of summons or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code.
(Amended by Stats. 1974, Ch. 429.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 4 - Cross-Complaints › Section 428.70.

428.70. (a) As used in this section:
(1) “Third-party plaintiff” means a person against whom a cause of action has been asserted in a complaint or cross-complaint, who claims the right to recover all or part of any amounts for which he may be held liable on such cause of action from a third person, and who files a cross-complaint stating such claim as a cause of action against the third person.
(2) “Third-party defendant” means the person who is alleged in a cross-complaint filed by a third-party plaintiff to be liable to the third-party plaintiff if the third-party plaintiff is held liable on the claim against him.
(b) In addition to the other rights and duties a third-party defendant has under this article, he may, at the time he files his answer to the cross-complaint, file as a separate document a special answer alleging against the person who asserted the cause of action against the third-party plaintiff any defenses which the third-party plaintiff has to such cause of action. The special answer shall be served on the third-party plaintiff and on the person who asserted the cause of action against the third-party plaintiff.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 4 - Cross-Complaints › Section 428.80.

428.80. The counterclaim is abolished. Any cause of action that formerly was asserted by a counterclaim shall be asserted by a cross-complaint. Where any statute refers to asserting a cause of action as a counterclaim, such cause shall be asserted as a cross-complaint. The erroneous designation of a pleading as a counterclaim shall not affect its validity, but such pleading shall be deemed to be a cross-complaint.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 2 - Pleadings Demanding Relief › ARTICLE 5 - Contents of Documents in Particular Actions or Proceedings › Section 429.30.

429.30. (a) As used in this section:
(1) “Complaint” includes a cross-complaint.
(2) “Plaintiff” includes the person filing a cross-complaint.
(b) If the complaint contains a demand for relief on account of the alleged infringement of the plaintiff’s rights in and to a literary, artistic, or intellectual production, there shall be attached to the complaint a copy of the production as to which the infringement is claimed and a copy of the alleged infringing production. If, by reason of bulk or the nature of the production, it is not practicable to attach a copy to the complaint, that fact and the reasons why it is impracticable to attach a copy of the production to the complaint shall be alleged; and the court, in connection with any demurrer, motion, or other proceedings in the cause in which a knowledge of the contents of such production may be necessary or desirable, shall make such order for a view of the production not attached as will suit the convenience of the court to the end that the contents of such production may be deemed to be a part of the complaint to the same extent and with the same force as though such production had been capable of being and had been attached to the complaint. The attachment of any such production in accordance with the provisions of this section shall not be deemed a making public of the production within the meaning of Section 983 of the Civil Code.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.10.

430.10. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:
(a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading.
(b) The person who filed the pleading does not have the legal capacity to sue.
(c) There is another action pending between the same parties on the same cause of action.
(d) There is a defect or misjoinder of parties.
(e) The pleading does not state facts sufficient to constitute a cause of action.
(f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.
(g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.
(h) No certificate was filed as required by Section 411.35.
(Amended by Stats. 2020, Ch. 370, Sec. 35. (SB 1371) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.20.

430.20. A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds:
(a) The answer does not state facts sufficient to constitute a defense.
(b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.
(c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.30.

430.30. (a) When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading.
(b) When any ground for objection to a complaint or cross-complaint does not appear on the face of the pleading, the objection may be taken by answer.
(c) A party objecting to a complaint or cross-complaint may demur and answer at the same time.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.40.

430.40. (a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.
(b) A party who has filed a complaint or cross-complaint may, within 10 days after service of the answer to his pleading, demur to the answer.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.50.

430.50. (a) A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein.
(b) A demurrer to an answer may be taken to the whole answer or to any one or more of the several defenses set up in the answer.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.60.

430.60. A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so, it may be disregarded.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.70.

430.70. When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the demurrer, or in the supporting points and authorities for the purpose of invoking such notice, except as the court may otherwise permit.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.80.

430.80. (a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed to have waived the objection unless it is an objection that the court has no jurisdiction of the subject of the cause of action alleged in the pleading or an objection that the pleading does not state facts sufficient to constitute a cause of action.
(b) If the party against whom an answer has been filed fails to demur thereto, that party is deemed to have waived the objection unless it is an objection that the answer does not state facts sufficient to constitute a defense.
(Amended by Stats. 1983, Ch. 1167, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 1 - Objections to Pleadings › Section 430.90.

430.90. (a) Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper removal, the time to respond shall be as follows:
(1) If the defendant has not generally appeared in either the original or federal court, then 30 days from the day the original court receives the case on remand to move to dismiss the action pursuant to Section 583.250 or to move to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, if the court has not ruled on a similar motion filed by the defendant prior to the removal of the action to federal court.
(2) If the defendant has not filed an answer in the original court, then 30 days from the day the original court receives the case on remand to do any of the following:
(A) Answer the complaint.
(B) Demur or move to strike all or a portion of the complaint if: (i) an answer was not filed in the federal court, and (ii) a demurrer or motion to strike raising the same or similar issues was not filed and ruled upon by the original court prior to the removal of the action to federal court or was not filed and ruled upon in federal court prior to the remand. If the demurrer or motion to strike is denied by the court, the defendant shall have 30 days to answer the complaint unless an answer was filed with the demurrer or motion to strike.
(b) For the purposes of this section, time shall be calculated from the date of the original court’s receipt of the order of remand.
(Added by Stats. 1995, Ch. 796, Sec. 5. Effective January 1, 1996.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 2 - Denials and Defenses › Section 431.10.

431.10. (a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense.
(b) An immaterial allegation in a pleading is any of the following:
(1) An allegation that is not essential to the statement of a claim or defense.
(2) An allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense.
(3) A demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint.
(c) An “immaterial allegation” means “irrelevant matter” as that term is used in Section 436.
(Amended by Stats. 1986, Ch. 540, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 2 - Denials and Defenses › Section 431.20.

431.20. (a) Every material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true.
(b) The statement of any new matter in the answer, in avoidance or constituting a defense, shall, on the trial, be deemed controverted by the opposite party.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 2 - Denials and Defenses › Section 431.30.

431.30. (a) As used in this section:
(1) “Complaint” includes a cross-complaint.
(2) “Defendant” includes a person filing an answer to a cross-complaint.
(b) The answer to a complaint shall contain:
(1) The general or specific denial of the material allegations of the complaint controverted by the defendant.
(2) A statement of any new matter constituting a defense.
(c) Affirmative relief may not be claimed in the answer.
(d) If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, a general denial is sufficient but only puts in issue the material allegations of the complaint. If the complaint is verified, unless the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1, the denial of the allegations shall be made positively or according to the information and belief of the defendant. However, if the cause of action is a claim assigned to a third party for collection and the complaint is verified, the denial of the allegations shall be made positively or according to the information and belief of the defendant, even if the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1.
(e) If the defendant has no information or belief upon the subject sufficient to enable him or her to answer an allegation of the complaint, he or she may so state in his or her answer and place his or her denial on that ground.
(f) The denials of the allegations controverted may be stated by reference to specific paragraphs or parts of the complaint; or by express admission of certain allegations of the complaint with a general denial of all of the allegations not so admitted; or by denial of certain allegations upon information and belief, or for lack of sufficient information or belief, with a general denial of all allegations not so denied or expressly admitted.
(g) The defenses shall be separately stated, and the several defenses shall refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished.
(Amended by Stats. 2003, Ch. 149, Sec. 8. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 2 - Denials and Defenses › Section 431.40.

431.40. (a) Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property in controversy does not exceed one thousand dollars ($1000), the defendant at his option, in lieu of demurrer or other answer, may file a general written denial and a brief statement of any new matter constituting a defense.
(b) Nothing in this section excuses the defendant from complying with the provisions of law applicable to a cross-complaint, and any cross-complaint of the defendant shall be subject to the requirements applicable in any other action.
(c) The general written denial described in subdivision (a) shall be on a blank available at the place of filing and shall be in a form prescribed by the Judicial Council. This form need not be verified.
(Amended by Stats. 1977, Ch. 93.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 2 - Denials and Defenses › Section 431.50.

431.50. In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he claims that the peril excepted caused the peril insured against, he shall in his answer set forth and specify upon what premises or at what place the peril excepted caused the peril insured against.
(Added by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 2 - Denials and Defenses › Section 431.70.

431.70. Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by one such person, the other person may assert in the answer the defense of payment in that the two demands are compensated so far as they equal each other, notwithstanding that an independent action asserting the person’s claim would at the time of filing the answer be barred by the statute of limitations. If the cross-demand would otherwise be barred by the statute of limitations, the relief accorded under this section shall not exceed the value of the relief granted to the other party. The defense provided by this section is not available if the cross-demand is barred for failure to assert it in a prior action under Section 426.30. Neither person can be deprived of the benefits of this section by the assignment or death of the other. For the purposes of this section, a money judgment is a “demand for money” and, as applied to a money judgment, the demand is barred by the statute of limitations when enforcement of the judgment is barred under Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9.
(Amended by Stats. 1982, Ch. 497, Sec. 32. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 3 - Objections to Pleadings; Denials and Defenses › ARTICLE 3 - Time to Respond to Cross-Complaint › Section 432.10.

432.10. A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as to an original complaint.
(Added by Stats. 1971, Ch. 244.)