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Code of Civil Procedure - CCP - CCP § 431.50

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 431.50

In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril except

Code of Civil Procedure - CCP - CCP § 431.70

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 431.70

Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by one such person, the other person may assert in the answer the defense of payment in that the two

Code of Civil Procedure - CCP - CCP § 432.10

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 432.10

A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as to an original complaint.

Code of Civil Procedure - CCP - CCP § 435

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 435

(a) As used in this section: (1) The term “complaint” includes a cross-complaint. (2) The term “pleading” means a demurrer, answer, complaint, or cross-complaint. (b) (1) Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike t

Code of Civil Procedure - CCP - CCP § 435.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 435.5

(a) Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can b

Code of Civil Procedure - CCP - CCP § 436

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 436

The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in con

Code of Civil Procedure - CCP - CCP § 437

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 437

(a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section

Code of Civil Procedure - CCP - CCP § 437c

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 437c

(a) (1) A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the acti

Code of Civil Procedure - CCP - CCP § 438

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 438

(a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant. (3) “Defendant” includes a cross-defendant. (b) (1) A party may move for judgment on the pleadings. (2) The court may upon its own motion grant a motion for judg

Code of Civil Procedure - CCP - CCP § 439

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 439

(a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purp

Code of Civil Procedure - CCP - CCP § 44

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 44

Appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or a candidate for any such office alleged to have occurred during the course of an election campaign shall be given preference in hea

Code of Civil Procedure - CCP - CCP § 446

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 446

(a) Every pleading shall be subscribed by the party or his or her attorney. When the state, any county thereof, city, school district, district, public agency, or public corporation, or any officer of the state, or of any county thereof, city, school district, district, public ag

Code of Civil Procedure - CCP - CCP § 45

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 45

An appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody and control, or denying a recommendation to free a minor from parental custody or control, shall have precedence over all cases in the court to which an appeal in the ma

Code of Civil Procedure - CCP - CCP § 452

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 452

In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.

Code of Civil Procedure - CCP - CCP § 454

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 454

It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge

Code of Civil Procedure - CCP - CCP § 455

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 455

In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it.

Code of Civil Procedure - CCP - CCP § 456

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 456

In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made and to have become final. If such allegation be controvert

Code of Civil Procedure - CCP - CCP § 457

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 457

In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party plead

Code of Civil Procedure - CCP - CCP § 458

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 458

In pleading the Statute of Limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of Section ____ (giving the number of the section and subdivision thereof, if it is so divided, r

Code of Civil Procedure - CCP - CCP § 459

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 459

In pleading a private statute, or an ordinance of a county or municipal corporation, or a right derived therefrom, it is sufficient to refer to such statute or ordinance by its title and the day of its passage. In pleading the performance of conditions precedent under a statute o

Code of Civil Procedure - CCP - CCP § 46

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 46

Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court.

Code of Civil Procedure - CCP - CCP § 460

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 460

In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that the same

Code of Civil Procedure - CCP - CCP § 460.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 460.5

(a) In any action for libel or slander, for good cause shown upon ex parte written application, the court may order that the time to respond to the complaint is 20 days after the service of summons on the defendant. The application shall be supported by an affidavit stating facts

Code of Civil Procedure - CCP - CCP § 460.7

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 460.7

(a) In any action by a candidate or former candidate for elective public office against a holder of elective public office or an opposing candidate for libel or slander that is alleged to have occurred during the course of an election campaign, the court shall order that the time

Code of Civil Procedure - CCP - CCP § 461

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 461

In any action within Section 460 or 460.5, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages. Whether he proves the justification or not, he may give in evidence the mitig