Section § 425.10

Explanation

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.

(a)CA Civil Procedure Code § 425.10(a) A complaint or cross-complaint shall contain both of the following:
(1)CA Civil Procedure Code § 425.10(a)(1) A statement of the facts constituting the cause of action, in ordinary and concise language.
(2)CA Civil Procedure Code § 425.10(a)(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)CA Civil Procedure Code § 425.10(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.

Section § 425.11

Explanation

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.

(a)CA Civil Procedure Code § 425.11(a) As used in this section:
(1)CA Civil Procedure Code § 425.11(a)(1) “Complaint” includes a cross-complaint.
(2)CA Civil Procedure Code § 425.11(a)(2) “Plaintiff” includes a cross-complainant.
(3)CA Civil Procedure Code § 425.11(a)(3) “Defendant” includes a cross-defendant.
(b)CA Civil Procedure Code § 425.11(b) When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.
(c)CA Civil Procedure Code § 425.11(c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be taken.
(d)CA Civil Procedure Code § 425.11(d) The statement referred to in subdivision (b) shall be served in the following manner:
(1)CA Civil Procedure Code § 425.11(d)(1) If a party has not appeared in the action, the statement shall be served in the same manner as a summons.
(2)CA Civil Procedure Code § 425.11(d)(2) If a party has appeared in the action, the statement shall be served upon the party’s attorney, or upon the party if the party has appeared without an attorney, in the manner provided for service of a summons or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
(e)CA Civil Procedure Code § 425.11(e) The statement referred to in subdivision (b) may be combined with the statement described in Section 425.115.

Section § 425.12

Explanation

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.

(a)CA Civil Procedure Code § 425.12(a) The Judicial Council shall develop and approve official forms for use in trial courts of this state for any complaint, cross-complaint or answer in any action based upon personal injury, property damage, wrongful death, unlawful detainer, breach of contract or fraud.
(b)CA Civil Procedure Code § 425.12(b) The Judicial Council shall develop and approve an official form for use as a statement of damages pursuant to Sections 425.11 and 425.115.
(c)CA Civil Procedure Code § 425.12(c) In developing the forms required by this section, the Judicial Council shall consult with a representative advisory committee which shall include, but not be limited to, representatives of the plaintiff’s bar, the defense bar, the public interest bar, court administrators and the public. The forms shall be drafted in nontechnical language and shall be made available through the office of the clerk of the appropriate trial court.

Section § 425.13

Explanation

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.

(a)CA Civil Procedure Code § 425.13(a) In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code. The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed within two years after the complaint or initial pleading is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier.
(b)CA Civil Procedure Code § 425.13(b) For the purposes of this section, “health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider.

Section § 425.14

Explanation

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.

No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed. The court may allow the filing of an amended pleading claiming punitive or exemplary damages on a motion by the party seeking the amended pleading and upon a finding, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established evidence which substantiates that plaintiff will meet the clear and convincing standard of proof under Section 3294 of the Civil Code.
Nothing in this section is intended to affect the plaintiff’s right to discover evidence on the issue of punitive or exemplary damages.

Section § 425.15

Explanation

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.

(a)CA Civil Procedure Code § 425.15(a) No cause of action against a person serving without compensation as a director or officer of a nonprofit corporation described in this section, on account of any negligent act or omission by that person within the scope of that person’s duties as a director acting in the capacity of a board member, or as an officer acting in the capacity of, and within the scope of the duties of, an officer, shall be included in a complaint or other pleading unless the court enters an order allowing the pleading that includes that claim to be filed after the court determines that the party seeking to file the pleading has established evidence that substantiates the claim. The court may allow the filing of a pleading that includes that claim following the filing of a verified petition therefor accompanied by the proposed pleading and supporting affidavits stating the facts upon which the liability is based. The court shall order service of the petition upon the party against whom the action is proposed to be filed and permit that party to submit opposing affidavits prior to making its determination. The filing of the petition, proposed pleading, and accompanying affidavits shall toll the running of any applicable statute of limitations until the final determination of the matter, which ruling, if favorable to the petitioning party, shall permit the proposed pleading to be filed.
(b)CA Civil Procedure Code § 425.15(b) Nothing in this section shall affect the right of the plaintiff to discover evidence on the issue of damages.
(c)CA Civil Procedure Code § 425.15(c) Nothing in this section shall be construed to affect any action against a nonprofit corporation for any negligent action or omission of a volunteer director or officer occurring within the scope of the person’s duties.
(d)CA Civil Procedure Code § 425.15(d) For the purposes of this section, “compensation” means remuneration whether by way of salary, fee, or other consideration for services rendered. However, the payment of per diem, mileage, or other reimbursement expenses to a director or officer shall not constitute compensation.
(e)Copy CA Civil Procedure Code § 425.15(e)
(1)Copy CA Civil Procedure Code § 425.15(e)(1) This section applies only to officers and directors of nonprofit corporations that are subject to Part 2 (commencing with Section 5110), Part 3 (commencing with Section 7110), or Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code that are organized to provide charitable, educational, scientific, social, or other forms of public service and that are exempt from federal income taxation under Section 501(c)(1), except any credit union, or Section 501(c)(4), 501(c)(5), 501(c)(7), or 501(c)(19) of the Internal Revenue Code.
(2)CA Civil Procedure Code § 425.15(e)(2) This section does not apply to any corporation that unlawfully restricts membership, services, or benefits conferred on the basis of political affiliation, age, or any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code.

Section § 425.16

Explanation

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.

(a)CA Civil Procedure Code § 425.16(a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly.
(b)Copy CA Civil Procedure Code § 425.16(b)
(1)Copy CA Civil Procedure Code § 425.16(b)(1) A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.
(2)CA Civil Procedure Code § 425.16(b)(2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based.
(3)CA Civil Procedure Code § 425.16(b)(3) If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding.
(c)Copy CA Civil Procedure Code § 425.16(c)
(1)Copy CA Civil Procedure Code § 425.16(c)(1) Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant’s attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.
(2)CA Civil Procedure Code § 425.16(c)(2) A defendant who prevails on a special motion to strike in an action subject to paragraph (1) shall not be entitled to attorney’s fees and costs if that cause of action is brought pursuant to Section 11130, 11130.3, 54960, or 54960.1 of the Government Code, or pursuant to Chapter 2 (commencing with Section 7923.100) of Part 4 of Division 10 of Title 1 of the Government Code. Nothing in this paragraph shall be construed to prevent a prevailing defendant from recovering attorney’s fees and costs pursuant to Section 7923.115, 11130.5, or 54960.5 of the Government Code.
(d)CA Civil Procedure Code § 425.16(d) This section shall not apply to any enforcement action brought in the name of the people of the State of California by the Attorney General, Insurance Commissioner, district attorney, or city attorney, acting as a public prosecutor.
(e)CA Civil Procedure Code § 425.16(e) As used in this section, “act in furtherance of a person’s right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law, (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or (4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.
(f)CA Civil Procedure Code § 425.16(f) The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.
(g)CA Civil Procedure Code § 425.16(g) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.
(h)CA Civil Procedure Code § 425.16(h) For purposes of this section, “complaint” includes “cross-complaint” and “petition,” “plaintiff” includes “cross-complainant” and “petitioner,” and “defendant” includes “cross-defendant” and “respondent.”
(i)CA Civil Procedure Code § 425.16(i) An order granting or denying a special motion to strike shall be appealable under Section 904.1.
(j)Copy CA Civil Procedure Code § 425.16(j)
(1)Copy CA Civil Procedure Code § 425.16(j)(1) Any party who files a special motion to strike pursuant to this section, and any party who files an opposition to a special motion to strike, shall, promptly upon so filing, transmit to the Judicial Council, by email or facsimile, a copy of the endorsed, filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying a special motion to strike, discovery, or fees.
(2)CA Civil Procedure Code § 425.16(j)(2) The Judicial Council shall maintain a public record of information transmitted pursuant to this subdivision for at least three years, and may store the information on microfilm or other appropriate electronic media.

Section § 425.17

Explanation

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.

(a)CA Civil Procedure Code § 425.17(a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, contrary to the purpose and intent of Section 425.16. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process or Section 425.16.
(b)CA Civil Procedure Code § 425.17(b) Section 425.16 does not apply to any action brought solely in the public interest or on behalf of the general public if all of the following conditions exist:
(1)CA Civil Procedure Code § 425.17(b)(1) The plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member. A claim for attorney’s fees, costs, or penalties does not constitute greater or different relief for purposes of this subdivision.
(2)CA Civil Procedure Code § 425.17(b)(2) The action, if successful, would enforce an important right affecting the public interest, and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons.
(3)CA Civil Procedure Code § 425.17(b)(3) Private enforcement is necessary and places a disproportionate financial burden on the plaintiff in relation to the plaintiff’s stake in the matter.
(c)CA Civil Procedure Code § 425.17(c) Section 425.16 does not apply to any cause of action brought against a person primarily engaged in the business of selling or leasing goods or services, including, but not limited to, insurance, securities, or financial instruments, arising from any statement or conduct by that person if both of the following conditions exist:
(1)CA Civil Procedure Code § 425.17(c)(1) The statement or conduct consists of representations of fact about that person’s or a business competitor’s business operations, goods, or services, that is made for the purpose of obtaining approval for, promoting, or securing sales or leases of, or commercial transactions in, the person’s goods or services, or the statement or conduct was made in the course of delivering the person’s goods or services.
(2)CA Civil Procedure Code § 425.17(c)(2) The intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or otherwise influence, an actual or potential buyer or customer, or the statement or conduct arose out of or within the context of a regulatory approval process, proceeding, or investigation, except where the statement or conduct was made by a telephone corporation in the course of a proceeding before the California Public Utilities Commission and is the subject of a lawsuit brought by a competitor, notwithstanding that the conduct or statement concerns an important public issue.
(d)CA Civil Procedure Code § 425.17(d) Subdivisions (b) and (c) do not apply to any of the following:
(1)CA Civil Procedure Code § 425.17(d)(1) Any person enumerated in subdivision (b) of Section 2 of Article I of the California Constitution or Section 1070 of the Evidence Code, or any person engaged in the dissemination of ideas or expression in any book or academic journal, while engaged in the gathering, receiving, or processing of information for communication to the public.
(2)CA Civil Procedure Code § 425.17(d)(2) Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, or artistic work, including, but not limited to, a motion picture or television program, or an article published in a newspaper or magazine of general circulation.
(3)CA Civil Procedure Code § 425.17(d)(3) Any nonprofit organization that receives more than 50 percent of its annual revenues from federal, state, or local government grants, awards, programs, or reimbursements for services rendered.
(e)CA Civil Procedure Code § 425.17(e) If any trial court denies a special motion to strike on the grounds that the action or cause of action is exempt pursuant to this section, the appeal provisions in subdivision (i) of Section 425.16 and paragraph (13) of subdivision (a) of Section 904.1 do not apply to that action or cause of action.

Section § 425.18

Explanation

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.

(a)CA Civil Procedure Code § 425.18(a) The Legislature finds and declares that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. The Legislature further finds and declares that a SLAPPback cause of action should be treated differently, as provided in this section, from an ordinary malicious prosecution action because a SLAPPback is consistent with the Legislature’s intent to protect the valid exercise of the constitutional rights of free speech and petition by its deterrent effect on SLAPP (strategic lawsuit against public participation) litigation and by its restoration of public confidence in participatory democracy.
(b)CA Civil Procedure Code § 425.18(b) For purposes of this section, the following terms have the following meanings:
(1)CA Civil Procedure Code § 425.18(b)(1) “SLAPPback” means any cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior cause of action that has been dismissed pursuant to a special motion to strike under Section 425.16.
(2)CA Civil Procedure Code § 425.18(b)(2) “Special motion to strike” means a motion made pursuant to Section 425.16.
(c)CA Civil Procedure Code § 425.18(c) The provisions of subdivisions (c), (f), (g), and (i) of Section 425.16, and paragraph (13) of subdivision (a) of Section 904.1, shall not apply to a special motion to strike a SLAPPback.
(d)Copy CA Civil Procedure Code § 425.18(d)
(1)Copy CA Civil Procedure Code § 425.18(d)(1) A special motion to strike a SLAPPback shall be filed within any one of the following periods of time, as follows:
(A)CA Civil Procedure Code § 425.18(d)(1)(A) Within 120 days of the service of the complaint.
(B)CA Civil Procedure Code § 425.18(d)(1)(B) At the court’s discretion, within six months of the service of the complaint.
(C)CA Civil Procedure Code § 425.18(d)(1)(C) At the court’s discretion, at any later time in extraordinary cases due to no fault of the defendant and upon written findings of the court stating the extraordinary case and circumstance.
(2)CA Civil Procedure Code § 425.18(d)(2) The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.
(e)CA Civil Procedure Code § 425.18(e) A party opposing a special motion to strike a SLAPPback may file an ex parte application for a continuance to obtain necessary discovery. If it appears that facts essential to justify opposition to that motion may exist, but cannot then be presented, the court shall grant a reasonable continuance to permit the party to obtain affidavits or conduct discovery or may make any other order as may be just.
(f)CA Civil Procedure Code § 425.18(f) If the court finds that a special motion to strike a SLAPPback is frivolous or solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.
(g)CA Civil Procedure Code § 425.18(g) Upon entry of an order denying a special motion to strike a SLAPPback claim, or granting the special motion to strike as to some but less than all causes of action alleged in a complaint containing a SLAPPback claim, an aggrieved party may, within 20 days after service of a written notice of the entry of the order, petition an appropriate reviewing court for a peremptory writ.
(h)CA Civil Procedure Code § 425.18(h) A special motion to strike may not be filed against a SLAPPback by a party whose filing or maintenance of the prior cause of action from which the SLAPPback arises was illegal as a matter of law.
(i)CA Civil Procedure Code § 425.18(i) This section does not apply to a SLAPPback filed by a public entity.

Section § 425.19

Explanation

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.

(a)CA Civil Procedure Code § 425.19(a) The Legislature finds and declares all of the following:
(1)CA Civil Procedure Code § 425.19(a)(1) The lack of affordable housing is a critical problem that threatens the economic, environmental, and social quality of life in California.
(2)CA Civil Procedure Code § 425.19(a)(2) It is in the public interest to encourage priority housing development projects in which 100 percent of the units, exclusive of any manager’s unit or units, are reserved for lower income households, as defined in Section 50079.5 of the Health and Safety Code, and ensure such developments are not unnecessarily delayed or caused to fail through abuse of the judicial process. To this end, this section shall be construed broadly.
(b)Copy CA Civil Procedure Code § 425.19(b)
(1)Copy CA Civil Procedure Code § 425.19(b)(1) (A) In all civil actions brought by any plaintiff to challenge the approval or permitting of a priority housing development project, including, but not limited to, actions brought pursuant to Section 21167 of the Public Resources Code, a defendant may bring a special motion to strike the whole or any part of a pleading. The court shall deny the motion to strike if it determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.
(B)CA Civil Procedure Code § 425.19(b)(1)(B) The court shall make its determination on the special motion to strike based on the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. Affidavits submitted with the pleadings may include a request for judicial notice of facts and documents relevant to the court’s determination.
(C)Copy CA Civil Procedure Code § 425.19(b)(1)(C)
(i)Copy CA Civil Procedure Code § 425.19(b)(1)(C)(i) If the court is unable to determine whether the plaintiff has established a probability that the plaintiff will prevail on the claim without reviewing the administrative record in an action where the administrative record is required, the court shall make its determination on the special motion to strike based on the documents specified in subparagraph (B) and the administrative record, once prepared.
(ii)CA Civil Procedure Code § 425.19(b)(1)(C)(i)(ii) If the court determines that an administrative record is required for its decision, the moving party may, notwithstanding the 60-day filing requirement pursuant to paragraph (4) and without appealing an order denying a special motion to strike pursuant to paragraph (7), file the special motion to strike within 60 days of the service of the administrative record or, in the court’s discretion, at any later time it deems proper.
(D)CA Civil Procedure Code § 425.19(b)(1)(D) If the court determines that the plaintiff has established a probability that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding.
(2)CA Civil Procedure Code § 425.19(b)(2) In any action subject to paragraph (1), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant’s attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.
(3)CA Civil Procedure Code § 425.19(b)(3) This subdivision does not apply to any enforcement action brought in the name of the people of the State of California by the Attorney General, district attorney, or city attorney, acting as a public prosecutor.
(4)CA Civil Procedure Code § 425.19(b)(4) The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.
(5)CA Civil Procedure Code § 425.19(b)(5) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.
(6)CA Civil Procedure Code § 425.19(b)(6) For purposes of this section, “complaint” includes “cross-complaint” and “petition,” “plaintiff” includes “cross-complainant” and “petitioner,” and “defendant” includes “cross-defendant” and “respondent.”
(7)CA Civil Procedure Code § 425.19(b)(7) An order granting or denying a special motion to strike is appealable under Section 904.1.
(c)CA Civil Procedure Code § 425.19(c) “Priority housing development” means a development in which 100 percent of the units, exclusive of any manager’s unit or units, will be reserved for lower income households, as defined in Section 50079.5 of the Health and Safety Code, for at least 55 years.

Section § 425.30

Explanation

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.

(a)CA Civil Procedure Code § 425.30(a) In an action for collection of consumer debt, common counts may not be used. For purposes of this section, a “common count” includes, but is not limited to, a claim for recovery of any of the following:
(1)CA Civil Procedure Code § 425.30(a)(1) An open book account for money due.
(2)CA Civil Procedure Code § 425.30(a)(2) An account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.
(3)CA Civil Procedure Code § 425.30(a)(3) Money had and received by defendant for the use and benefit of plaintiff.
(4)CA Civil Procedure Code § 425.30(a)(4) Work, labor, services, and materials rendered at the special instance and request of defendant and for which defendant promised to pay plaintiff.
(5)CA Civil Procedure Code § 425.30(a)(5) Goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff.
(6)CA Civil Procedure Code § 425.30(a)(6) Money lent by plaintiff to defendant at defendant’s request.
(7)CA Civil Procedure Code § 425.30(a)(7) Money paid out, laid out, and expended to or for defendant at defendant’s special instance and request.
(b)CA Civil Procedure Code § 425.30(b) For purposes of this section, “consumer debt” means any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or in a written contract.
(c)CA Civil Procedure Code § 425.30(c) In an action under this section for the collection of consumer debt brought by a debt buyer, as defined in Section 1788.50 of the Civil Code, the debt buyer shall also comply with Section 1788.58 of the Civil Code and the remaining provisions of Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code.

Section § 425.50

Explanation

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.

(a)CA Civil Procedure Code § 425.50(a) An allegation of a construction-related accessibility claim in a complaint, as defined in subdivision (a) of Section 55.52 of the Civil Code, shall state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim, including all of the following:
(1)CA Civil Procedure Code § 425.50(a)(1) A plain language explanation of the specific access barrier or barriers the individual encountered, or by which the individual alleges he or she was deterred, with sufficient information about the location of the alleged barrier to enable a reasonable person to identify the access barrier.
(2)CA Civil Procedure Code § 425.50(a)(2) The way in which the barrier denied the individual full and equal use or access, or in which it deterred the individual, on each particular occasion.
(3)CA Civil Procedure Code § 425.50(a)(3) The date or dates of each particular occasion on which the claimant encountered the specific access barrier, or on which he or she was deterred.
(4)Copy CA Civil Procedure Code § 425.50(a)(4)
(A)Copy CA Civil Procedure Code § 425.50(a)(4)(A) Except in complaints that allege physical injury or damage to property, a complaint filed by or on behalf of a high-frequency litigant shall also state all of the following:
(i)CA Civil Procedure Code § 425.50(a)(4)(A)(i) Whether the complaint is filed by, or on behalf of, a high-frequency litigant.
(ii)CA Civil Procedure Code § 425.50(a)(4)(A)(ii) In the case of a high-frequency litigant who is a plaintiff, the number of complaints alleging a construction-related accessibility claim that the high-frequency litigant has filed during the 12 months prior to filing the complaint.
(iii)CA Civil Procedure Code § 425.50(a)(4)(A)(iii) In the case of a high-frequency litigant who is a plaintiff, the reason the individual was in the geographic area of the defendant’s business.
(iv)CA Civil Procedure Code § 425.50(a)(4)(A)(iv) In the case of a high-frequency litigant who is a plaintiff, the reason why the individual desired to access the defendant’s business, including the specific commercial, business, personal, social, leisure, recreational, or other purpose.
(B)CA Civil Procedure Code § 425.50(a)(4)(A)(B) As used in this section “high-frequency litigant” has the same meaning as set forth in subdivision (b) of Section 425.55.
(b)Copy CA Civil Procedure Code § 425.50(b)
(1)Copy CA Civil Procedure Code § 425.50(b)(1) A complaint alleging a construction-related accessibility claim, as those terms are defined in subdivision (a) of Section 55.3 of the Civil Code, shall be verified by the plaintiff. A complaint filed without verification shall be subject to a motion to strike.
(2)CA Civil Procedure Code § 425.50(b)(2) A complaint alleging a construction-related accessibility claim filed by, or on behalf of, a high-frequency litigant shall state in the caption “ACTION SUBJECT TO THE SUPPLEMENTAL FEE IN GOVERNMENT CODE SECTION 70616.5.”
(c)CA Civil Procedure Code § 425.50(c) A complaint alleging a construction-related accessibility claim shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. By signing the complaint, the attorney or unrepresented party is certifying that, to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met:
(1)CA Civil Procedure Code § 425.50(c)(1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
(2)CA Civil Procedure Code § 425.50(c)(2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.
(3)CA Civil Procedure Code § 425.50(c)(3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
(4)CA Civil Procedure Code § 425.50(c)(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
(d)CA Civil Procedure Code § 425.50(d) A court may, after notice and a reasonable opportunity to respond, determine whether subdivision (c) has been violated and, if so, impose sanctions as provided in Section 128.7 for violations of subdivision (b) of Section 128.7.
(e)CA Civil Procedure Code § 425.50(e) Nothing in this section shall limit the right of a plaintiff to amend a complaint under Section 472, or with leave of the court under Section 473. However, an amended pleading alleging a construction-related accessibility claim shall be pled as required by subdivision (a).
(f)CA Civil Procedure Code § 425.50(f) The determination whether an attorney is a high-frequency litigant shall be made solely on the basis of the verified complaint and any other publicly available documents. Notwithstanding any other law, no party to the proceeding may conduct discovery with respect to whether an attorney is a high-frequency litigant.
(g)CA Civil Procedure Code § 425.50(g) This section shall become operative on January 1, 2013.

Section § 425.55

Explanation

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.

(a)CA Civil Procedure Code § 425.55(a) The Legislature finds and declares all of the following:
(1)CA Civil Procedure Code § 425.55(a)(1) Protection of the civil rights of persons with disabilities is of the utmost importance to this state, and private enforcement is the essential means of achieving that goal, as the law has been designed.
(2)CA Civil Procedure Code § 425.55(a)(2) According to information from the California Commission on Disability Access, more than one-half, or 54 percent, of all construction-related accessibility complaints filed between 2012 and 2014 were filed by two law firms. Forty-six percent of all complaints were filed by a total of 14 parties. Therefore, a very small number of plaintiffs have filed a disproportionately large number of the construction-related accessibility claims in the state, from 70 to 300 lawsuits each year. Moreover, these lawsuits are frequently filed against small businesses on the basis of boilerplate complaints, apparently seeking quick cash settlements rather than correction of the accessibility violation. This practice unfairly taints the reputation of other innocent disabled consumers who are merely trying to go about their daily lives accessing public accommodations as they are entitled to have full and equal access under the state’s Unruh Civil Rights Act (Section 51 of the Civil Code) and the federal Americans with Disability Act of 1990 (Public Law 101-336).
(3)CA Civil Procedure Code § 425.55(a)(3) Therefore, given these special and unique circumstances, the provisions of this section are warranted for this limited group of plaintiffs.
(b)CA Civil Procedure Code § 425.55(b) For the purposes of this article, “high-frequency litigant” means a person, except as specified in paragraph (3), who utilizes court resources in actions arising from alleged construction-related access violations at such a high level that it is appropriate that additional safeguards apply so as to ensure that the claims are warranted. A “high-frequency litigant” means one or more of the following:
(1)CA Civil Procedure Code § 425.55(b)(1) A plaintiff who has filed 10 or more complaints alleging a construction-related accessibility violation within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation.
(2)CA Civil Procedure Code § 425.55(b)(2) An attorney who has represented as attorney of record 10 or more high-frequency litigant plaintiffs in actions that were resolved within the 12-month period immediately preceding the filing of the current complaint alleging a construction-related accessibility violation, excluding all of the following actions:
(A)CA Civil Procedure Code § 425.55(b)(2)(A) An action in which an early evaluation conference was held pursuant to Section 55.54 of the Civil Code.
(B)CA Civil Procedure Code § 425.55(b)(2)(B) An action in which judgment was entered in favor of the plaintiff.
(C)CA Civil Procedure Code § 425.55(b)(2)(C) An action in which the construction-related accessibility violations alleged in the complaint were remedied in whole or in part, or a favorable result was achieved, after the plaintiff filed a complaint or provided a demand letter, as defined in Section 55.3 of the Civil Code.
(3)CA Civil Procedure Code § 425.55(b)(3) This section does not apply to an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment to represent a client in asserting a construction-related accessibility claim, or the client in such a case.

Section § 425.115

Explanation

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.

(a)CA Civil Procedure Code § 425.115(a) As used in this section:
(1)CA Civil Procedure Code § 425.115(a)(1) “Complaint” includes a cross-complaint.
(2)CA Civil Procedure Code § 425.115(a)(2) “Plaintiff” includes a cross-complainant.
(3)CA Civil Procedure Code § 425.115(a)(3) “Defendant” includes a cross-defendant.
(b)CA Civil Procedure Code § 425.115(b) The plaintiff preserves the right to seek punitive damages pursuant to Section 3294 of the Civil Code on a default judgment by serving upon the defendant the following statement, or its substantial equivalent:
NOTICE TO :
(Insert name of defendant or cross-defendant)
 reserves the right to seek
(Insert name of plaintiff or cross-complainant)
$  in punitive damages
(Insert dollar amount)
when seeks a judgment in the
(Insert name of plaintiff or
cross-complainant)
suit filed against you.
 
(Insert name of attorney or
party appearing in propria persona)
(Date)
(c)CA Civil Procedure Code § 425.115(c)  If the plaintiff seeks punitive damages pursuant to Section 3294 of the Civil Code, and if the defendant appears in the action, the plaintiff shall not be limited to the amount set forth in the statement served on the defendant pursuant to this section.
(d)CA Civil Procedure Code § 425.115(d) A plaintiff who serves a statement on the defendant pursuant to this section shall be deemed to have complied with Sections 425.10 and 580 of this code and Section 3295 of the Civil Code.
(e)CA Civil Procedure Code § 425.115(e) The plaintiff may serve a statement upon the defendant pursuant to this section, and may serve the statement as part of the statement required by Section 425.11.
(f)CA Civil Procedure Code § 425.115(f) The plaintiff shall serve the statement upon the defendant pursuant to this section before a default may be taken, if the motion for default judgment includes a request for punitive damages.
(g)CA Civil Procedure Code § 425.115(g) The statement referred to in subdivision (b) shall be served by one of the following methods:
(1)CA Civil Procedure Code § 425.115(g)(1) If the party has not appeared in the action, the statement shall be served in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
(2)CA Civil Procedure Code § 425.115(g)(2) If the party has appeared in the action, the statement shall be served upon his or her attorney, or upon the party if he or she has appeared without an attorney, either in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14.