Pleadings Demanding ReliefGeneral Provisions
Section § 425.10
This law section says that when someone files a complaint or cross-complaint in court, they need to include two things: a clear statement of the facts for their case and a request for what they want the court to grant them, like money or other relief. If they are asking for money, the exact amount should generally be included. However, in cases of personal injury or wrongful death, they should not state an amount for damages in the complaint, but must still follow other specific legal requirements.
Section § 425.11
This law explains that in a lawsuit for personal injury or wrongful death, the defendant can ask the plaintiff to clearly state what damages they are seeking. The plaintiff then has 15 days to provide this information. If the plaintiff doesn't respond, the defendant can ask the court to force them to do so. Before a default judgment can be issued, the plaintiff must have given this damages information to the defendant. How the statement is served depends on whether the defendant has formally participated in the case yet.
Section § 425.12
This law requires the Judicial Council to create and approve official forms for use in California trial courts for various types of legal actions, including personal injury and property damage cases, among others. There should also be a form for stating damages in certain lawsuits. In developing these forms, the Judicial Council must work with an advisory committee that represents various legal and public interests, ensuring that the forms use simple language and are easily accessible through court clerks.
Section § 425.13
If you're suing a healthcare provider for professional negligence and want to include a claim for punitive damages, you need court approval first. The court will only let you amend your claim for punitive damages if you can show there's a strong chance you'll win this claim. You have to make this request within two years of when you first filed the lawsuit or at least nine months before the trial date, whichever comes first. Healthcare providers include people and entities licensed under certain health and safety laws.
Section § 425.14
If you want to sue a religious organization for punitive damages in California, you can't just include those damages in your initial lawsuit. You must first ask the court for permission to add them. The court will only grant permission if there's solid evidence suggesting you have a good chance of proving your case for these damages, which requires meeting a strong standard of proof. However, you are still allowed to gather evidence related to punitive damages from the start.
Section § 425.15
This law says that if someone wants to sue a volunteer director or officer of a nonprofit for negligence, they first need a court's permission. To get this, they must show enough evidence to back up their claim. The person being sued is allowed to present their side before the court decides. Importantly, this law doesn't stop anyone from going after evidence related to damages, nor does it impact lawsuits against the nonprofit itself. The law describes that for this purpose, regular reimbursements like mileage aren't counted as compensation. Finally, this law only applies to specific types of nonprofits, and not to those that illegally limit participation or benefits based on certain personal characteristics or political affiliation.
Section § 425.16
This law is designed to protect people from being sued just to scare them into being quiet about public issues. If you get sued for speaking out or petitioning about something important to the public, you can file a special motion to get the lawsuit dropped. The person suing you has to show they have a strong case to keep the lawsuit going. If you win this motion, usually you can get your legal fees paid unless the lawsuit involves certain government laws. There are exceptions though, this doesn’t apply to cases brought by government officials to enforce laws, and there’s a process for how and when this motion can be filed. Also, everything related to the motion, like court orders, must be shared with the Judicial Council to keep a record for a few years.
Section § 425.17
This law addresses misuse of the California Anti-SLAPP Law, which protects free speech and the right to petition. If a lawsuit is purely in the public interest and meets certain criteria, like not seeking more relief than the public gains and enforcing significant public rights, the Anti-SLAPP protections don't apply. Additionally, the Anti-SLAPP defenses aren't allowed in cases against businesses when the case involves misleading statements made to promote sales. There are exceptions where the law doesn’t remove protections for certain people or entities like journalists, creators of artistic works, or major government-funded nonprofits. Finally, if a special motion to strike is denied because the lawsuit fits this law, typical appeals for such denials don't apply.
Section § 425.18
This law talks about SLAPPbacks, which are lawsuits aimed at punishing people for using their right to free speech and petitioning when they have been wrongly sued. A SLAPPback can be filed if someone has already dismissed a case using a specific legal motion. Special rules apply to these cases, such as deadlines for filing and different court procedures. If the motion challenging a SLAPPback is unfounded or meant to delay, the person who filed the SLAPPback can get their legal costs paid. However, this law doesn't cover SLAPPback cases filed by public entities.
Section § 425.19
This law encourages the development of affordable housing reserved for lower income households by making it harder for lawsuits to delay or stop such projects. If someone sues to block these housing projects, the project's defender can file a special motion to quickly dismiss the case unless the plaintiff shows a good chance of winning. If the defendant wins, they can recover their attorney fees. However, if this motion is used frivolously or just to cause delays, plaintiffs can recover their costs. This law does not affect legal actions brought by public prosecutors. These priority housing projects must reserve all units for lower-income households for at least 55 years, not counting manager's units.
Section § 425.30
This law states that when you're trying to collect a consumer debt in California, you can't use 'common counts,' which are old legal methods for claiming someone owes you money. This includes claims for things like unpaid goods, services, or money lent. The debt must come from personal, family, or household transactions after July 1, 2024. If you're a debt buyer, you have to follow additional rules outlined in another part of the Civil Code.
Section § 425.50
This law focuses on how to properly file a complaint about construction-related accessibility issues, like those involved in the Americans with Disabilities Act, which ensures buildings are accessible to everyone. The complaint must include clear details about the accessibility barrier, how it affected the person, and the dates incidents occurred. High-frequency litigants—those known to file many such claims—must provide additional information, such as why they were at the location. Additionally, these complaints must be verified, and if they aren’t, they could be dismissed. The law also specifies the requirements for signing complaints and allows for penalties if the complaint is intended to harass or mislead. Amendments to complaints must still follow these guidelines, and the determination of a high-frequency litigant status relies on public records, not discovery from opposing parties.
Section § 425.55
This law addresses the issue of 'high-frequency litigants'—those who file numerous lawsuits regarding construction-related accessibility violations. It aims to curb abusive practices by a limited group of plaintiffs who regularly use these laws not necessarily to enforce necessary accessibility, but rather to secure quick cash settlements. A 'high-frequency litigant' is defined as someone who files ten or more complaints in a year, or an attorney who represents multiple such plaintiffs. These measures are not intended to impede legitimate cases, especially those handled by qualified legal service projects, but rather to ensure court resources are used appropriately.
Section § 425.115
This section explains how a plaintiff can preserve the right to seek punitive damages against a defendant in case of a default judgment. The plaintiff must notify the defendant using a specific statement, which can include the dollar amount for those damages. If the defendant has shown up in the legal case, the plaintiff is not locked into the dollar amount they initially presented. If a plaintiff follows this process, they fulfill certain legal requirements, specifically those in other related sections of the code. Any statement about punitive damages must be given to the defendant before the court can issue a default judgment, and there are specific methods for delivering this statement, depending on whether the defendant has appeared in court or not.
cross-complainant)
party appearing in propria persona)