PRETRIAL ADJUDICATION
...Pleading
......Code Pleading
.........Calif. Code Pleading
 9 Cards On This Topic:
  • There is only one "form of action" in California.
  • Although common law "forms of action" abolished, substantive rights reflected in common law principles remain; pleader must still plead common law rights.
  • A cause of action arises out of a primary right and corresponding duty and the breach of such right and duty by the person on whom the duty rests.
  • Distinctions in common law rules of pleading between actions in law and equity abolished due to "one form of action" rule.
  • Term "cause of action" not limited to P's right to recover in ct. proceeding, but entire set of facts giving rise to enforceable claim.
  • Theory of liability is not cause of action.
  • Wrongful death cause of action may consist of several "theories of liability."
  • A cause of action arises out of a primary right and corresponding duty and the breach of such right and duty by the person on whom the duty rests.
  • Adoption of code pleading in California


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