There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs.
Of Civil ActionsOf the Form of Civil Actions
Section § 307
In California, there's only one type of civil lawsuit used to deal with private rights and wrongs, whether you're trying to enforce or protect a right or address a wrong.
civil actions private rights redress
Section § 308
This law section clarifies that in a lawsuit, the person who files the complaint is called the plaintiff, while the person who is being sued is called the defendant.
In such action the party complaining is known as the plaintiff, and the adverse party as the defendant.
plaintiff defendant lawsuit
Section § 309
If there's a question of fact during a legal case that wasn't originally mentioned in the legal documents (pleadings), it can still be examined by a jury if there's an official order for it. This order must clearly specify what question needs the jury's judgment, and having this order is all that's needed to proceed with a jury trial on that question.
A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial.
question of fact jury trial pleadings
