PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Designation of Cause of Action
............Generally
8 Cards On This Topic:

Cause of action distinguished from count and legal theory of liability.

Each cause of action, count, or defense must specifically state number, nature, and parties.

Complaint or cross-complaint must state facts constituting cause of action in ordinary and concise language.

Where there is invasion of one primary right or D suffers one injury, D has one cause of action, despite breach of right in multiple ways or multiple theories pled.

Where Ds sold restaurant they did not own but court ruled against rightful owners on unjust enrichment, conversion or trespass claims, Ps entitled to new trial as their complaint adequately pled those claims.

Theory of liability is not cause of action.

Term "cause of action" not limited to P's right to recover in ct. proceeding, but signifies entire set of facts giving rise to enforceable claim.

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.