Civil: Affirmative Defense, Lack of Capacity to Sue
“By law, certain persons and nonpersons lack the capacity to sue. The most common lack…
Civil: Affirmative Defense, Death of Real Party in Interest
“Death of the prospective plaintiff or defendant before the filing of a complaint and death…
Civil: Affirmative Defense, Collateral Estoppel
“Collateral estoppel is a specialized aspect of the doctrine of res judicata, sometimes spoken of…
Civil: Affirmative Defense, Res Judicata
“The essence of the defense of res judicata is that the same parties may not…
Civil: Affirmative Defense, Failure to Verify
“If the plaintiff fails to verify a complaint required by law to be verified or…
Civil: Affirmative Defense, Uncertainty of the Pleadings
“Pursuant to section 430.10(f) of the Code of Civil Procedure, the party against whom a…
Civil: Affirmative Defense, Failure to State a Cause of Action
“Under section 430.10(e) of the Code of Civil Procedure, a party against whom a complaint…
Civil: Affirmative Defense Re: Service of Process
“As explained in Ault v. Dinner for Two, Inc., state court jurisdiction over the person of…
Civil: Affirmative Defenses
“Pursuant to section 431.30 of the Code of Civil Procedure, an answer to a complaint…
Family: Termination of Marital Status Prior to Resolution of Remaining Issues
“In many instances, a trial court calendar may be so congested that it is not…