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Civil Procedure • Pleading
CIVPRO#039
Legal Definition
California requires fact pleading, which consists of a statement of the facts constituting the cause of action, in ordinary and concise language. Complaints and affirmative defenses must contain ultimate facts, as opposed to evidentiary facts or legal conclusions.
Plain English Explanation
In California, when someone files a lawsuit, they must follow a system called fact pleading. This means that the person filing the case (the plaintiff) has to explain the facts that form the basis of their lawsuit in a clear and simple way, using ordinary language.
Unlike in federal court, where you only need to give a general idea of the claim, California courts require more specific details. The plaintiff must lay out the ultimate facts—which are the key facts that directly support their legal claim. For example, if someone is suing for breach of contract, they must clearly state the important facts, like what the contract required and how the other party broke it.
It’s important to understand that ultimate facts are different from two things:
(1) Evidentiary facts, which are the smaller details or pieces of evidence that support the ultimate facts (like specific emails or documents), and
(2) Legal conclusions, which are just statements of the law without backing them up with facts (like saying, "The defendant is guilty of breach of contract" without explaining why).
California requires these ultimate facts to ensure that the lawsuit has a solid factual foundation. It’s not enough to just make general accusations or apply legal labels. This way, both the court and the person being sued can clearly understand what the case is about and what they need to respond to.
Unlike in federal court, where you only need to give a general idea of the claim, California courts require more specific details. The plaintiff must lay out the ultimate facts—which are the key facts that directly support their legal claim. For example, if someone is suing for breach of contract, they must clearly state the important facts, like what the contract required and how the other party broke it.
It’s important to understand that ultimate facts are different from two things:
(1) Evidentiary facts, which are the smaller details or pieces of evidence that support the ultimate facts (like specific emails or documents), and
(2) Legal conclusions, which are just statements of the law without backing them up with facts (like saying, "The defendant is guilty of breach of contract" without explaining why).
California requires these ultimate facts to ensure that the lawsuit has a solid factual foundation. It’s not enough to just make general accusations or apply legal labels. This way, both the court and the person being sued can clearly understand what the case is about and what they need to respond to.
