Civil: Amended Pleadings
“Each party has the right to amend its pleadings once—without leave of court—within a brief time after its…
Civil: Cross-Complaint
“A cross-complaint allows defendant to assert claims for affirmative relief against plaintiff, or a codefendant, or someone…
Civil: Answer
“An answer should contain whatever affirmative defenses [sometimes referred to as ‘new matter’] and/or denials…
Civil: Relief from Default
“The trial court has broad discretion to vacate the judgment and/or the clerk’s entry of…
Civil: Default & Default Judgment
“Technically, defendants are ‘in default’ if they fail to file an answer, demurrer or other…
Civil: State v. Federal Court
“There are a few cases that must be filed in federal court. By virtue of federal law, state courts…
Civil: Venue
“Venue rules designate a particular county [or counties] within California as the ‘proper’ place for trial of…
Civil: Forum Non Conveniens
“Even if the court has subject matter and personal jurisdiction, it may stay or dismiss the action on the…
Civil: Personal Jurisdiction
“Personal (“in personam”) jurisdiction is required in any action that seeks to impose personal liability…