Code of Civil Procedure § 425.10 – Required Contents of Pleadings
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California Code of Civil Procedure § 425.10 – Complaint Requirements in California Civil Lawsuits
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( Chapter 2 repealed and added by Stats. 1971, Ch. 244.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 Code of Civil Procedure § 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.)
What Must Be Included in a Complaint Under CCP § 425.10?
According to CCP § 425.10, a complaint must contain the following:
1. A Statement of the Facts
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The complaint must include a “statement of the facts constituting the cause of action, in ordinary and concise language.”
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These facts must support each element of the legal claim you’re asserting (e.g., negligence, breach of contract).
2. Demand for Relief
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The plaintiff must specify the type of relief or remedy sought, such as:
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Monetary damages
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Injunctive relief
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Declaratory judgment
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3. Special Damages
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If the plaintiff seeks damages for personal injury or wrongful death, they are prohibited from stating the specific dollar amount in the complaint (unless required for jurisdictional purposes).
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This rule is designed to avoid prejudice during early stages of litigation.
Why Is CCP § 425.10 Important?
Failing to follow CCP § 425.10 can have serious consequences, including:
Demurrers: The defendant can challenge the complaint for failure to state sufficient facts.
Dismissal: The court may dismiss the complaint for noncompliance.
Delay: Defective pleadings often require costly amendments and hearings.
Proper compliance with this statute is critical for moving a case forward efficiently and successfully.
Example Scenario
Let’s say you’re suing a landlord for breach of contract. Under CCP § 425.10, your complaint must:
Outline the existence of the lease agreement
Describe how the landlord violated it
State that you suffered financial harm
Request appropriate remedies (e.g., return of deposit, damages)
If your complaint only says “my landlord broke the contract” without supporting facts or a proper demand for relief, the court may dismiss it.
Related Statutes and Rules
CCP § 430.10 – Grounds for demurrer
- California Rules of Court, Rule 3.1110 – Format and presentation of pleadings
CCP § 425.11 – Notice of damages in personal injury or wrongful death cases
Get Help Filing a Complaint in California
Whether you’re filing a lawsuit or responding to one, the quality of your pleadings matters. At Impact Attorneys, we help clients draft, file, and litigate civil complaints with precision and strategy.
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