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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior


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 Complaint

 Superior Court of California

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 San Diego

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 Pleading Rules

Fact Pleading

Concise statements of the essential elements that must be pled for most causes of action can be found more...   

Common Counts

Common counts do not require fact pleading and include "For money had and received," "For goods sold and more...

Numbering and Identification

Each separately stated cause of action, count, or defense must specifically state: more...

(1) Its number (e.g., first cause of action ); more...

(2) Its nature (e.g., for fraud ); more...

(3) The party asserting it if more than one party is represented on the pleading (e.g., by plaintiff Jones ); more...

(4) The party or parties to whom it is directed (e.g., against defendant Smith ). more...

.

Exhibits May Be Incorporated By Reference

Exhibits may be attached and incorporated by reference. Caselaw authority holds that exhibits are part of the pleading. more...

Demand For Judgment

Every Complaint must include a demand for judgment. .The amount of money sought to be recovered must be stated, unless the action is to recover actual more...

Punitive Damages

A claim for punitive damages must not state the amount of damages sought. .Caselaw authority holds that a claim for punitive damages requires specific factual allegations that show that defendant acted more...

The procedure for seeking punitive damages on a default judgment is provided by Code Civ. Proc. 425.115. more...

Verification

Verified complaints are required for certain causes of action. more...

Actions Requiring Venue Allegations

Actions based on certain statutes require appropriate venue allegations. more...

San Diego Local Rule--Venue

Venue requirements for actions filed in San Diego County are governed by LR 1.2.2. . more...

 Special Requirements for Particular Matters

Short Cause Cases

Short cause cases are governed by . more...

Uninsured Motorist Cases

To allow for arbitration of the plaintiff's claim, the California Rules of Court civil case management rules do more...

Collections Cases

Collections cases are governed by . more...

Construction Defect Cases

Certain types of actions, including construction defect actions, must be filed in the Central Division. . more...

Additionally, construction defect actions must be electronically filed. Electronic Filing and Service Order.A copy of the order and more information and requirements regarding e-filing construction defect actions is available online at: more...

San Diego County SmartRules procedural guide: FILING DOCUMENTS. more...

Unlawful Detainer

Unlawful detainer proceedings are governed by . more...

Uninsured Motorist--Local Rule

Local Rule requirements regarding uninsured motorist cases are found at . (amended eff 1/1/13) more...

Eminent Domain

Eminent domain actions are governed by . more...

EADACPA Proceedings

EADACPA (Elder Abuse and Dependent Adult Civil Protection Act) proceedings are governed by . (amended eff 1/1/13). more...

Servicemembers' Civil Relief Act

Where a defendant is entitled to the benefits of the Servicemembers' Civil Relief Act, the action is governed more...

 Form & Format of Papers

Caption Contents

Every pleading must set forth the name of the court and county in which the action is brought more...

Below the title of the court, in the space to the left of the center of the page, more...

Plaintiff may name "Doe" defendants and allege in the body of the complaint that the plaintiff is ignorant more...

Below the number of the case, must appear the nature of the paper, and, on all complaints and more...

Limited Civil Cases Must Be Designated In Caption

A limited civil case must be designated as such in the caption. .Where the caption erroneously fails to designate a limited civil case, the court may, on motion or sua more...

On the complaint, petition, or application filed in a limited civil case, immediately below the character of the more...

Editor's Note: $10,000 is no longer the threshold dollar amount for limited civil actions. The amount is set by the California Code of Civil Procedure and is currently $25,000. more...

Official Form Complaints

Judicial Council Official Form Complaints are available for many types of actions. The forms are available online at: more...

Signature

Every paper filed with the court must be signed by the attorney or unrepresented party submitting the paper. more...

Additional Requirements

San Diego County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Preemption of Local Rules

California Rule of Court 3.20 states that the Judicial Council preempts local court rules relating to pleadings, demurrers, more...

 Additional Documents

Civil Case Cover Sheet

The first paper filed in an action or proceeding must be accompanied by a case cover sheet. more...

Summons

Blank summons forms are available from the clerk and at .Summons must be directed to each defendant, signed by the clerk, issued under the seal of the court more...

"After payment of all applicable fees, the plaintiff may have the clerk issue one or more summons for more...

"After a summons has been served on a person, proof of service of the summons must be filed more...

The summons and complaint must be served on a defendant within three (3) years after the complaint is filed. more...

ADR Information Sheet

The plaintiff must serve a copy of the ADR information package on each defendant along with the complaint. more...

Notice of Related Case

Duty to Provide Notice

A party must serve and file a Notice of Related Case whenever a party in a civil action more...

Definition of Related Case

A pending civil case is related to another action or proceeding pending, dismissed, or disposed of by judgment, more...

Involved the same parties and are based on the same or similar claims; more...

Arise from the same or substantially identical transactions, incidents, or events requiring the determination of the same or substantially more...

Involve claims against, title to, possession of, or damages to the same property; or more...

Are likely for other reasons to require substantial duplication of judicial resources if heard by different judges. more...

.

San Diego County SmartRules procedural guide: NOTICE OF RELATED CASE. more...

Filing, Service and Response to Notice of Related Case

The Notice must be served on all known parties in each related action or proceeding. .Within ten (10) days of service of a Notice of Related Case, a party may serve and file more...

Notice of Case Assignment

A Notice of Case Assignment may be generated at the time the action is filed. Plaintiff or cross-complainant must serve all defendants with a copy of the Notice of Case Assignment. more...

Notice Re Damages

A notice of the amount of special and general damages if the complaint seeks to recover damages for more...

Mediation Information Materials

Alternate Dispute Resolution (ADR) materials must be served with the complaint. . more...

 Filing & Service

Filing

Requirement of Electronic Filing in Some Jurisdictions

Electronic filing is required in some jurisdictions for certain types of actions, and is available but optional for more...

E-Filing Mandatory for Certain Civil Cases

Electronic Filing is available in the Central Civil Division . more...

Mandatory Electronic Filing

Electronic Filing is mandatory for civil class actions, some consolidated and coordinated actions, and actions that are provisionally complex more...

Construction Defect Cases

Complex Cases

Complex cases included in mandatory filing are as follows: Antitrust/Trade Regulation, Mass Tort, Environmental/Toxic Tort, and Securities Litigation cases, as more...

Allowed But Not Mandatory Central Division

Documents may be filed electronically in non-mandated civil cases in the Central Division where either: more...

Allowed But Not Mandatory North Division

Documents may be filed electronically in non-mandated civil cases in the North Division where either:

San Diego Superior Court of California has established an electronic filing program for civil cases to allow for more...

Electronic Issuance of Summons

Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a more...

Filing Fee

The San Diego County Superior Court fee schedule is online at . more...

Service

San Diego County SmartRules procedural guide: SERVICE OF PROCESS. more...

 

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior
California - Alameda Superior