4,
5
A. The Code Pleading System.
1. [§1] Origin, Nature, and Extent.
2. [§2] Federal Rules.
3. [§3]
B. Pleadings Allowed in Civil Action.
1. [§4] In General.
2. [§5] Municipal and Small Claims Courts.
C. [§6] Motions and Applications Relating to Pleadings.
D. Time To Plead and Extension.
1. [§7] Time Prescribed by Statute or Court.
2. Extension of Time.
(a) [§8] Extension to Ordinary Party.
(b) [§9] Extension to Legislator.
(c) [§10] Procedure.
E. Form, Service, and Filing of Pleadings.
1.Form.
(a) [§11] Nature and Scope of Rules.
(b) [§12] Paper, Typing, and Binding.
(c) [§13] Other Requirements.
2. Filing and Fees.
(a) [§14] In General.
(b) [§15] Fax Filing.
(b-1) [§15A] (New) Electronic Filing.
(c) [§16] Fees in Superior Court.
(d) [§17] Fees in Municipal and Small Claims Courts.
(e) [§18] Exemptions.
3. [§19] Service.
II. THE CAUSE OF ACTION
A. One Form of Action.
1. Abolition of Forms of Action.
(a) [§20] Nature of Reform.
(b) [§21] Law and Equity.
(c) [§22] Contract, Tort, and Other Forms.
2. [§23] Effect of Forms on Pleading.
B. What Constitutes Cause of Action.
1. In General.
(a) [§24] Primary Right Theory.
(b) [§25] Uncertainty of Theory.
2. Distinguished From Legal Theory of Wrong.
(a) [§26] In General.
(b) Tort Actions.
(1) [§27] Successive Actions.
(2) [§28] Single Action.
(c) [§29] Other Actions.
3. Distinguished From Remedy or Relief.
(a) [§30] In General.
(b) [§31] Legal and Equitable Remedies.
(c) [§32] Tort and Contract Remedies.
(d) [§33] Collection of Secured Debt.
(e) [§34] Recovery of Property and Damages.
C. Rule Against Splitting Cause of Action.
1. [§35] Nature of Rule.
2. [§36] Distinctions and Exceptions.
3. [§37] Waiver of Objection.
4. [§38] First Action in Federal Court.
D. Illustrations of Single and Multiple Causes.
1. Injuries to Person.
(a) [§39] Single Cause.
(b) [§40] Multiple Causes: Single Act or Transaction.
(c) [§41] Multiple Causes: Independent Successive Acts.
2. Defamation or Invasion of Privacy.
(a) [§42] Nature of Problem.
(b) [§43] Uniform Single Publication Act.
3. [§44] Injuries to Person and Property From One Act.
4. Immediate and Permanent Injuries to Property.
(a) [§45] Single Cause.
(b) [§46] Multiple Causes.
5. Continuing Injury to Property.
(a) [§47] Single Cause: Permanent Nuisance.
(b) [§48] Multiple Causes: Continuing Trespass or Nuisance.
(c) [§49] Plaintiff's Election in Nuisance Case.
(d) [§50] Removal of Lateral Support.
(e) [§51] Latent Deficiencies in Construction.
6. Breach of Contract or Trust.
(a) [§52] Single Cause.
(b) [§53] Multiple Causes.
(c) [§54] Contract Action Followed by Tort Action.
7. [§55] Several Defendants Causing Single Injury.
8. [§56] Miscellaneous Cases Involving Connected Acts.
III. PARTIES
A. In General.
1. [§57] Terminology: Designation of Parties.
2. [§58] Party Appearing as Both Plaintiff and Defendant.
3. [§59] Party Must Be an Entity.
B. Capacity To Sue and Be Sued.
1. Minors and Incompetents.
(a) Necessity of Guardian, Conservator, or Guardian Ad Litem.
(1) [§60] In General.
(2) [§61] Incompetent Spouse.
(3) [§62] Minor or Incompetent Is Party.
(4) [§62A] (New) Exception: Minor's Appearance To Obtain Injunction or Protective Order.
(b) Appointment of Guardian Ad Litem.
(1) [§63] Who May Apply.
(2) [§64] Time of Application.
(3) [§65] Ex Parte Petition.
(4) [§66] Order.
(c) Powers of Guardian Ad Litem.
(1) [§67] Limited Powers: In General.
(2) [§68] Employment of Attorney Required.
(3) Power To Compromise Suit.
(aa) [§69] Nature and Scope of Power.
(bb) [§70] Procedure.
(d) Effect of Failure To Appear by Guardian.
(1) [§71] Judgment Ordinarily Subject to Disaffirmance.
(2) [§72] Nature of Defect.
(3) [§73] Waiver of Right To Disaffirm.
2. [§74] Married Persons.
3. Corporations.
(a) [§75] In General.
(b) [§76] Noncomplying Foreign Corporation.
(c) Suspended Corporation.
(1) [§77] Suspension and Revivor.
(2) [§78] Effect of Suspension.
(d) [§79] Dissolved Corporation.
(e) [§80] Merged Corporation.
4. Partnerships and Other Unincorporated Associations.
(a) As Plaintiffs.
(1) [§81] Former Law.
(2) [§82] Any Association May Sue.
(3) [§83] Noncomplying Foreign Limited Partnership.
(b) As Defendants.
(1) [§84] Any Association May Be Sued.
(2) [§85] Joinder of Individual Members.
5.
(a) [§86] As Plaintiffs.
(b) As Defendants.
(1)
(aa) [§87] Sovereign Immunity.
(bb) [§88] Consent Statutes.
(2) [§89] Federal Officers Acting in Excess of Authority.
(3) [§90] Federal Corporations.
6. State and State Agencies.
(a) [§91] As Plaintiffs.
(b) As Defendants.
(1) [§92] General Law of Sovereign Immunity.
(2) [§93] Exception: Activities in Another State.
(3) [§94]
Statutory Consent in
7. Foreign Countries and Officials.
(a) [§95] As Plaintiffs.
(b) As Defendants.
(1) [§96] Foreign Nation: Sovereign Immunity.
(2) [§97] Foreign Diplomatic Officials.
(3) [§98] Distinction: Act of State Doctrine.
8. [§99] Foreign Representatives.
9. [§100] Indian Tribes.
9A. [§100A] (New) Commercial Activity by Indian Tribe.
10. [§101] Aliens.
11. [§102] Convicts.
C. Real Party in Interest.
1. In General.
(a) [§103] Nature of Rule.
(b) [§104] Substantive Right Test.
(c) [§105] Effects of Violation of Rule.
(d) [§106] Legal Title and Divided Property Interests.
(e) [§107] Action by Party Fully Compensated.
2. Assignee of Chose in Action.
(a) Right of Assignee To Sue.
(1) [§108] Assignment of Beneficial Interest.
(2) [§109] Assignment for Collection.
(3) [§110] Assignment of Collateral Security.
(4) [§111] Partial Assignment.
(b) [§112] Right of Assignor To Sue.
3. Subrogee.
(a) [§113] Right of Subrogee To Sue.
(b) [§114] Rights of Partial Subrogee and Subrogor.
4. Personal Representative.
(a) [§115] Personal Representative as Real Party in Interest.
(b) Exceptions: When Heir or Devisee May Sue.
(1) [§116] Personal Representative Acting Wrongfully.
(2) [§117] Possession or Quiet Title to Estate Property.
5. Trustee.
(a) [§118] In General.
(b) Exceptions.
(1) [§119] Suit by Beneficiary.
(2) [§120] Enforcement of Charitable Trust.
6. Principal and Agent: Agent's Contract.
(a) [§121] Action by Principal.
(b) [§122] Action by Agent.
7. Promisee and Third‑Party Beneficiary.
(a) [§123] Action by Promisee.
(b) [§124] Action by Third‑Party Beneficiary.
8. Persons Authorized by Statute.
(a) [§125] Nature of Provision.
(b) Illustrations: Actions Involving Private Rights.
(1) [§126] Personal Representative: Wrongful Death.
(2) Bankruptcy.
(aa) [§127] Trustee.
(bb) [§128] Bankrupt.
(3) [§129] Receiver.
(4) [§130] Employer: Injury to Employee.
(5) [§131] Parent, Relative, Conservator, or Guardian: Nullity of Marriage.
(6) [§132] Holder or Nonholder of Negotiable Instrument.
(7) [§133] Common Interest Development Association.
(8) Husband and Wife.
(aa) [§134] Former Law.
(bb) [§135] Current Law.
(9) [§136] Child.
(c) Illustrations: Actions Affecting Public Interest.
(1) Action by Public Officer.
(aa) [§137] In General.
(bb) [§138] Supervision of Charitable Trust.
(2) [§139] Action by Relator.
(3) [§140] Validating Action.
(4) Environmental Actions.
(aa) [§141] In General.
(bb) [§142] Intervention by Attorney General.
(cc) [§143] Action by Attorney General.
(5) Taxpayers' Actions.
(aa) [§144] In General.
(bb) [§145] Liberal Construction.
(cc) [§146] Action Against State Agency or Officer.
(dd) [§147] Where Other Persons Directly Affected.
(ee) [§148] Where Issue Becomes Moot.
(ff) Improper Taxpayers' Actions.
(i) [§149] Action by Collector of Sales Tax.
(ii) [§150] Action Involving Agency's Discretion.
(iii) [§151] Action Involving Judicial Functions.
(6) [§152] Other Examples.
9. The State as Representative of Citizens.
(a) [§153] Right To Sue and Conditions.
(b) [§154] Limitations on Right.
IV. JOINDER AND CHANGE OF PARTIES
A. In General.
1. [§155] Origin and Nature of Joinder Rules.
2. [§156] Federal Rules.
3. Former
(a) [§157] Indispensable, Necessary, and Proper Parties.
(b) [§158] Compulsory Joinder.
(c) [§159] Joinder by Order of Court.
(d) [§160] Permissive Joinder.
4. Legislative Revision of 1971.
(a) [§161] Law Revision Commission Report.
(b) [§162] Enactment of Proposed Reforms.
B. Compulsory Joinder.
1. [§163] In General.
2. [§164] Test Under Revised Statute.
3. Indispensable Parties.
(a) [§165] In General.
(b) [§166] Illustrations.
(c) [§167] Waiver.
4. [§168] Where Joinder Is Possible.
5. Where Joinder Is Not Possible.
(a) [§169] In General.
(b) [§170] Effect of Running of Statute of Limitations.
(c) [§170A] (New) Effect of Sovereign Immunity.
(d) [§170B] (New) Standard of Review.
6. Joinder by Order of Court.
(a) [§171] In General.
(b) [§172] Application.
(c) [§173] Court's Own Motion.
7. [§174] Joinder Required by Special Statute.
C. Permissive Joinder.
1. Joinder of Plaintiffs.
(a) [§175] In General.
(b) Right Arising Out of Same Transaction.
(1) [§176] Nature of Transaction Clause.
(2) [§177] Tort Transaction.
(c) [§178] Interest in Subject of Action.
2. Joinder of Defendants.
(a) [§179] In General.
(b) Relief Sought Jointly or Severally.
(1) [§180] In General.
(2) [§181] Joint, Concurrent, and Successive Tortfeasors.
(3) [§182] Wrongful Death.
(4) [§183] Employee and Employer.
(5) [§184] Distinction: Liability Insurer.
(c) Relief Sought in the Alternative.
(1) [§185] Nature of Statute.
(2) [§186] Method of Pleading.
(3) Illustrations of Permissible Joinder.
(aa) [§187] Contractual Liabilities.
(bb) [§188] Torts to Person.
(cc) [§189] Torts to Property.
3. [§190] Joinder of Unwilling Party.
4. [§191] No Joinder Where No Relief Sought.
5. [§192] Separate Trials.
D. Intervention.
1. In General.
(a) [§193] Nature of Right.
(b) [§194] Federal Rule.
(c) [§195]
(d) [§196] Special Statutes.
(e) [§197] Other Procedures Compared.
(f) [§198] Mandamus With Effect of Intervention.
(g) [§199] Test: Interest in Subject Matter or Success of Party.
2. Procedure.
(a) Complaint, Application, and Order.
(1) [§200] Complaint in Intervention.
(2) [§201] Application and Ex Parte Order.
(3) [§202] Hearing on Notice.
(4) [§203] Review of Order.
(b) Time of Application.
(1) [§204] Before or During Trial.
(2) [§205] After Judgment.
(3) [§206] Diligence.
(c) Intervenor as Party to Action.
(1) [§207] In General.
(2) [§208] Prior Proceedings and Control Over Action.
(3) [§209] No Time Limit on Service.
3. Permissible Intervention.
(a) [§210] Interest in Success of One Party.
(b) Independent Interest.
(1) [§211] In General.
(2) [§212] Interest in Property.
4. Improper Intervention.
(a) No Direct Interest.
(1) [§213] Theory and Uncertainty of Test.
(2) [§214] Illustrations.
(b) [§215] Test Case and Interest in Legal Precedent.
E. Interpleader.
1. In General.
(a) [§216] Nature and Early Restrictions.
(b) [§217] Adoption of Federal Rule.
(c) [§218] Illustrations.
(d) Limitations on Interpleader.
(1) [§219] In General.
(2) [§220] Adverse Interest.
(e) Independent Liability.
(1) [§221] Former Law.
(2) [§222] Modern View.
2. Procedure.
(a) Defendant's Application for Substitution.
(1) [§223] In General.
(2) [§224] Application and Affidavit.
(3) [§225] Substitution and Discharge.
(b) Plaintiff's Action of Interpleader.
(1) [§226] In General.
(2) [§227] Complaint.
(3) [§228] Defendants' Pleadings.
(4) [§229] Restraining Order.
(5) [§230] Hearing and Interlocutory Order.
(6) [§231] Discharge of Plaintiff.
(c) [§232] Interpleader by Cross‑Complaint.
(d) [§233] Partial Interpleader.
(e) Trial Between Conflicting Claimants.
(1) [§234] In General.
(2) [§235] Nature of Trial.
(f) [§236] Costs and Attorneys' Fees.
(g) [§237] No Tort Liability to Named Potential Claimant.
F. Death, Disability, or Transfer.
1. Death or Disability of Party.
(a) [§238] Necessity of Substitution.
(b) [§239] Procedure.
(c) [§240] Where Substitution Is Unnecessary.
2. Transfer of Interest.
(a) Continuation in Name of Original Party.
(1) [§241] Transferee's Election.
(2) [§242] Transferee's Control Over Action.
(b) Substitution of Transferee.
(1) [§243] Right to Substitution.
(2) [§244] Procedure.
(c) [§245] Succession of Offer.
V. CLASS ACTIONS
A. In General.
1. [§246] Origin and Development.
2. [§247]
3. [§248] Scope of Action.
4. [§249] Effect of Judgment.
5. Defendants' Class Suits.
(a) [§250] In General.
(b) [§251] Unborn Remaindermen.
B. Federal Rules of Civil Procedure, Rule 23.
1. [§252] In General.
2. [§253] Eisen Cases.
3. [§254]
4. [§255] Superiority of Pending Federal Action.
B-1. (New)
1. [§255A] (New) In General.
2. [§255B] (New) Case Conference.
3. [§255C] (New) Discovery From Unnamed Members.
C. Question of Common Interest.
1. [§256] In General.
2. [§257] Sufficient Showing.
3. [§258] Insufficient Showing.
D. The Class.
1. [§259] In General.
2. [§260] Absent Persons.
2A. [§260A] (New) Effect of Choice-of-Law Agreements.
3. Numerous Parties Without Substantial Interests.
(a) [§261] In General.
(b) [§262] Fluid Class Recovery.
(c) [§263] Illustrations.
E. Adequacy of Representation.
1. [§264] In General.
2. [§265] Plaintiffs Held Not Representative.
3. [§266] Plaintiffs Held Representative.
F. Illustrations of Proper Class Suits.
1. [§267] Suit Involving Common Fund or Property.
2. Consumers' Actions.
(a) [§268] Statutory Authorization.
(b) [§269] Fraud in Sales.
(c) [§270] Exclusive Criteria of Consumers Act.
3. [§271] Fraud in Hiring Farmworkers.
4. [§272] Other Situations.
G. [§273] Where Interests Are in Conflict.
H. Where Separate Relief Is Sought.
1. [§274] In General.
2. [§275] Class Action Allowed.
3. Class Action Not Allowed.
(a) [§276] Rule and Illustrations.
(b) [§277] Nuisance and Inverse Condemnation.
(c) [§278] Mass Personal Injury Actions.
I. Procedure.
1. Certification as Class Action.
(a) [§279] Motion To Certify.
(a-1) [§279A] (New) Factors Considered by Court.
(b) [§280] Motion To Decertify.
(c) [§281] Review of Order.
2. Notice of Action.
(a) [§282] In General.
(b) [§283] Precertification Notice.
(c) [§284] Manner of Notice.
(d) [§285] Unreasonable Notice.
(e) [§286] Allocation of Costs.
3. [§287] Election To Be Excluded.
3A. [§287A] (New) Election To Be Included.
4. [§288] Interrogatories to Unnamed Members.
5. Prior Trial of Liability Issue.
(a) [§289] On Court Order: Improper.
(b) [§290] Defendant's Stipulation or Failure To Object.
(c) [§291] Unusual Circumstances Justifying Order.
(d) [§292] Review by Mandamus.
6. [§293] Default.
7. [§294] Dismissal for Delay in Certification.
8. [§295] Plaintiff's Duty To Continue Action.
8A. [§295A] (New) Settlement of Class Action.
9. [§296] Distribution of Unpaid Residue.
10. [§296A] (New) Judgment.
VI. JOINDER OF CAUSES OF ACTION
A. Former Law.
1. [§297] Nature of Restricted Joinder Rules.
2. [§298] Classes of Causes.
3. [§299] Federal Rules.
4. [§300] Law Revision Commission Recommendation.
B. Revised
1. [§301] Unrestricted Joinder of Causes.
2. [§302] Need Not Be Separately Stated.
3. [§303] Need Not Affect All Parties.
4. [§304] Joinder Permissive.
VII. CONSOLIDATION, COORDINATION, AND SEVERANCE
A. Consolidation of Actions.
1. In General.
(a) [§305] Nature of Consolidation.
(b) [§306] Statutory Provisions.
(c) [§307] Other Similar Procedures.
2. [§308] Procedure.
3. Circumstances Warranting Consolidation.
(a) [§309] Discretion of Trial Court.
(b) [§310] Complete Consolidation Resulting in Single Action.
(c) [§311] Consolidation of Separate Actions for Trial.
4. Equitable Bill of Peace.
(a) [§312] Nature of Remedy.
(b) [§313] Illustrations.
(c) [§314] Distinction: No Common Interest.
(d) [§315] Relation to Consolidation Procedure.
B. Coordination of Actions.
1. [§316] In General.
2. [§317] Test: Common Question in Different Courts.
3. [§318] Applicable Procedure.
4. [§319] Peremptory Challenge of Assigned Judge.
5. [§320] Service, Filing, and Submission of Papers.
6. Petition to Chairman of Judicial Council.
(a) [§321] In General.
(b) [§322] Notice and Opposition.
7. [§323] Motion In Court.
7A. [§323A] (New) Potential Add-On Cases.
8. Hearing and Determination of Issue.
(a) [§324] Assignment of Coordination Motion Judge.
(b) [§325] Stay Pending Determination.
(c) [§326] Hearing.
(c-1) [§326A] (New) What Constitutes Complex Case.
(d) [§327] Determination and Order.
8A. [§327A] (New) Transfer of Noncomplex Actions.
9. Trial of Coordinated Actions.
(a) [§328] In General.
(b) [§329] Preliminary Trial Conference.
(c) [§330] Liaison Counsel.
(d) [§331] Remand of Action or Claim.
(e) [§332] Transfer of Action or Claim.
(f) [§333] Add‑on Cases.
(g) [§334] Termination of Action.
10. [§335] Review.
11. [§336] Coordination of Related Cases.
C. Severance of Actions.
1. [§337] Federal Rules.
2. [§338]
VIII. GENERAL RULES OF PLEADING
A. Pleading Ultimate Facts.
1. In General.
(a) [§339] Requirement of Pleading Facts.
(b) [§340] Notice Pleading and Federal Rules.
(c) Use of Forms.
(1) [§341] Modern Practice and Sources.
(2) [§342] Practice Works.
(3) [§343] Judicial Council Forms.
(d) [§344] Effect of Improper Pleading.
2. Ultimate Facts and Legal Conclusions.
(a) Improper Pleading of Conclusions of Law.
(1) [§345] Illegality, Invalidity, or Fraud.
(2) [§346] Allegations Relating to Debt or Instrument.
(3) [§347] Fiduciary or Official Capacity.
(b) [§348] Allegations Held To Be of Ultimate Facts.
(c) Permissible Pleading of Legal Conclusions.
(1) [§349] Conditions Precedent.
(2) [§350] Private Statute or Ordinance.
(3) [§351] Judgment or Administrative Determination.
(4) [§352] Other Matters.
3. Evidentiary, Argumentative, and Inferential Pleading.
(a) [§353] Evidentiary Matter.
(b) Other Inferential Pleading.
(1) [§354] Reliance on Recitals in Document.
(2) Indirect Allegations.
(aa) [§355] Defect of Substance.
(bb) [§356] Defect of Form.
(3) [§357] No Inference Against Pleader.
4. [§358] Pleading Truthfully.
B. Allegations on Information and Belief.
1. [§359] Right To Plead.
2. [§360] Where Pleading Is Improper.
C. Pleading in the Alternative.
1. [§361] Rule Against Alternative Allegations.
2. [§362] Criticism of Rule.
D. Pleading Inconsistent or Alternative Counts.
1. Right To Plead on Alternative Theories of Case.
(a) [§363] General Rule.
(b) Reasons for Pleading Alternative Counts.
(1) [§364] Doubt as to Facts.
(2) [§365] Doubt as to Rights.
(3) [§366] Defendants Joined in Alternative.
(c) [§367] Court Cannot Compel Election.
2. Illustrations.
(a) [§368] Contract Actions.
(b) [§369] Tort Actions.
3. Limitations on Right To Plead Inconsistently.
(a) [§370] Election of Remedies.
(b) [§371] Admissions and Inconsistent Judgment.
(c) [§372] Contradictions of Fact in Verified Pleading.
E. Theory of the Pleading.
1. [§373] Nature of Problem.
2. [§374] Doctrine Repudiated.
3. Illustrations.
(a) Recovery Contrary to Theory of Complaint.
(1) [§375] Equity and Law Theories.
(2) [§376] Contract, Quasi‑Contract, and Tort.
(3) [§377] Other Examples.
(b) [§378] Recovery Where Complaint Lacks Definite Theory.
(c) [§379] Recovery Where Complaint Embodies Alternative Theories.
4. [§380] Theory Determining Form of Action.
F. Anticipating Defenses.
1. [§381] Rule Against Negativing Defenses.
2. Effect of Pleading in Violation of Rule.
(a) [§382] In General.
(b) [§383] No Admission From Failure To Deny.
(c) [§384] Motion To Strike.
(d) [§385] No Waiver of Objection.
3. Exceptions: Defenses That Must Be Anticipated.
(a) [§386] Pleading To Escape Statutory Bar.
(b) [§387] Negative Averments Part of Cause of Action.
G. Incorporation by Reference.
1. Exhibit Attached to Pleading.
(a) [§388] Right To Plead by Reference.
(b) [§389] Form of Pleading.
(c) Effect of Pleading.
(1) [§390] In General.
(2) Where Written Instrument Is Foundation of Action or Defense.
(aa) [§391] Recitals as Substitute for Allegations.
(bb) [§392] Recitals Inconsistent With Allegations.
(cc) [§393] Allegations Required Where Instrument Ambiguous.
(3) Where Instrument Is Not Foundation of Action.
(aa) [§394] Recitals Cannot Be Substitute for Allegations.
(bb) [§395] Exception: Expressly Incorporated Recitals.
2. [§396] Another Count of Same Pleading.
3. [§397] Other Pleading in Same Case.
4. [§398] Superseded Pleading.
H. [§399] Pleading Where Presumption Applies.
I. Pleading Where Facts Judicially Noticed.
1. [§400] No Judicial Notice in Favor of Pleader.
2. Judicial Notice Against Pleader.
(a) [§401] General Principle.
(b) [§402] Illustrations.
J. Construction of Pleadings.
1. Liberal Construction in Favor of Pleader.
(a) [§403] General Rule.
(b) [§404] Distinctions.
(c) Illustrations.
(1) [§405] Ordinary Situations.
(2) [§406] Adverse Party's Failure To Demur.
(3) [§407] No Prejudice After Trial on Merits.
(4) [§408] Compelling Nature of Pleader's Case.
2. Construction Against Pleader.
(a) [§409] In General.
(b) [§410] Failure To Remove Defect by Amendment.
3. [§411] Specific Allegations Control General.
4. [§412] Allegations Control Title or Prayer.
K. Admissions in Pleadings.
1. [§413] Nature of Judicial Admission.
2. [§414] Distinctions.
3. Effects of Judicial Admission.
(a) [§415] In General.
(b) [§416] Admissions of Plaintiff.
(c) [§417] Admissions of Defendant.
4. Superseded Pleading in Same Case.
(a) [§418] Justifiable Correction.
(b) [§419] Suppressed Allegation.
L. Verification of Pleadings.
1. [§420] Nature of Verification.
2. [§421] Former Requirement of Denial of Instrument.
3. [§422] Who May Verify.
4. Form of Verification.
(a) [§423] Affidavit or Declaration.
(b) [§424] Use of Statutory Form.
(c) By Attorney or Other Person.
(1) [§425] Statement of Reasons.
(2) [§426] Verification by Attorney or Officer.
5. When Verification Is Required.
(a) [§427] Complaint or Petition.
(b) [§428] Answer.
6. [§429] Effect of Failure To Comply.
M. [§430] Certification of Pleadings.
IX. THE COMPLAINT
A. In General.
1. Form and Content.
(a) [§431] Nature of Pleading.
(b) [§432] Superior Court.
(c) [§433] Municipal Court.
2. Names of Parties.
(a) In General.
(1) [§434] Natural Persons.
(2) [§435] Corporations and Associations.
(3) [§436] Public Entity or Officer.
(4) [§437] Persons in Representative Capacity.
(b) [§438] Effect of Misnomer of Defendant.
3. Suing Defendant by Fictitious Name.
(a) [§439] In General.
(b) [§440] True Name Known.
(c) [§441] Amendment To Allege Initial Ignorance.
(d) True Name Not Known.
(1) [§442] Actual Ignorance.
(2) [§443] Theory That Ignorance Must Be Excusable.
(e) [§444] Speculative Listing of Fictitious Defendants.
(f) Ignorance of Cause of Action.
(1) [§445] Problem and Rule.
(2) [§446] Illustrations.
(3) [§447] Exception: Public Entity Defendant.
(g) Procedure.
(1) [§448] Forms of Allegation.
(2) [§449] Service and Appearance.
(3) Amendment To Substitute True Name.
(aa) [§450] Application and Order.
(bb) [§451] Delay in Seeking Amendment.
(cc) [§452] Amendment While Venue Change Pending.
(dd) [§453] When Action No Longer Pending.
(h) [§454] Effect of Amendment.
(i) [§455] Effect of Failure To Amend.
4. Prayer or Demand.
(a) [§456] Nature of Prayer.
(b) [§457] Form.
(c) Effect of Insufficient Prayer.
(1) [§458] Contested Case.
(2) [§459] Default Case.
5. Bill of Particulars in Action on Account.
(a) In General.
(1) [§460] Limited to Action on Account.
(2) [§461] Other Procedures Distinguished.
(b) What Constitutes Action on Account.
(1) [§462] Ordinary Contract and Quasi‑Contract Actions.
(2) [§463] Account Stated or Other Superseding Contract.
(c) Procedure in Obtaining Bill.
(1) [§464] Defendant's Demand.
(2) [§465] Delivery of Account.
(3) [§466] Amendment or Further Account.
(d) [§467] Effect of Bill.
(e) Effect of Failure To Comply With Demand.
(1) [§468] In General.
(2) [§469] Defective Bill and Motion for Further Account.
(3) [§470] Late Bill: Discretion To Withhold Penalty.
(4) [§471] Relief From Default.
6. Damages Sought for Personal Injury or Death.
(a) Statement of Nature and Amount of Damages.
(1) [§472] In General.
(2) [§473] Service and Filing of Statement.
(3) [§474] Effect of Statement on Amount of Actual Award.
(b) [§475] Statement Preserving Right To Seek Punitive Damages.
B. Legal Actions Arising Out of Contract.
1. Damages for Breach of Contract.
(a) In General.
(1) [§476] Elements of Cause of Action.
(2) [§477] Common Types of