Code of Civil Procedure § 425.10 – Required Contents of Pleadings
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Code of Civil Procedure § 425.10 – Required Contents of Pleadings
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )
TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 – 475]
( Title 6 enacted 1872. )
CHAPTER 2. Pleadings Demanding Relief [425.10 – 429.30]
( Chapter 2 repealed and added by Stats. 1971, Ch. 244. )
ARTICLE 1. General Provisions [425.10 – 425.55]
( Article 1 added by Stats. 1971, Ch. 244. )
California Law
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.)
California Law Summary
This statute outlines the essential elements that must be included in a complaint or cross-complaint filed in California civil courts.
Key Provisions:
Statement of Facts:
The pleading must contain a statement of the facts constituting the cause of action, presented in ordinary and concise language.Demand for Relief:
The pleading must include 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 must be stated.Exception for Personal Injury or Wrongful Death:
In actions seeking actual or punitive damages for personal injury or wrongful death, the amount demanded should not be stated in the complaint. Instead, the complaint must comply with Section 422.30 and, in limited civil cases, with subdivision (b) of Section 70613 of the Government Code.
Purpose
To ensure that pleadings provide sufficient factual detail and a clear statement of the relief sought, facilitating a fair and efficient legal process. The exception for personal injury and wrongful death cases aims to prevent prejudice that might arise from stating specific monetary amounts in the initial complaint.
Application
Plaintiffs must omit specific monetary demands in the complaint for personal injury or wrongful death cases. Instead, they should serve a separate statement of damages as outlined in Sections 425.11 and 425.115 before seeking a default judgment. This approach helps maintain impartiality and focuses the proceedings on the merits of the case.
