Civil Litigation,
California Courts of Appeal,
Appellate Practice
Sep. 18, 2017
Generally, be specific when pleading your case
The obvious lesson to be learned from a recent ruling is that care must be taken in pleading each theory of liability a plaintiff wants to pursue. The less obvious lesson is the risk that arises from overly specific pleading.
David J. Ozeran
UC Davis SOL King Hall; Davis CA
David is certified as an appellate specialist by the California State Bar Board of Legal Specialization.
To plead or not to plead, that is the question. Although Code of Civil Procedure Section 425.10 requires that a complaint contain a “statement of the facts constituting the cause of action in ordinary and concise language,” it is common for negligence causes of action in personal injury cases to set forth nothing more than boilerplate and conclusory language, containing minimal information regarding the facts giving rise to the action. The failure to plead in sufficie...
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