Litigation Process Chart
- Plaintiff files Summons & Complaint
- Clerk of the Court issues Summons and returns conformed Complaint to Plaintiff
- A party to the action can be served with a Notice of Deposition and can also be required to bring and produce documents at the depsition to aid in the examination
- Plaintiff sucessfully serves Defendant(s). Defendant(s) now have 30 days to respond to the Complaint (10 additional days are given to Defendant(s) who are served by substitution)
- Defendant responds to Complaint by filing and serving on all parties one or more of the following:
- Answer to the Complaint and allege affirmative defenses
- Motion to Strike
a) any irrelevant false or improper matter in a pleading
b) all or any part of any pleading not drawn or filed in conformity with California law, California Rules of Court, Local Rules of Court or a Court Order- The Court will Rule on the Motion at a hearing
- Denied:
Defendant is given time to prepare and file an Answer to the Complaint usually 10-20 days. - Granted:
If the Motion to Strike is Directed at the entire Complaint, the case is over and Judgment in Defendant’s favoor is entered or a dismissal
If the Motion is directed at only part of the Complaint, for example, the requests for attorneys’ fees and punitive damages, theh those portions will be stricken from the record and the case will proceed as thought those portions of the case are not involved.
- Denied:
- The Court will Rule on the Motion at a hearing
- Special Motion to Strike aka Strategic Lawsuit Against Public Participation (SLAPP)
a) tends to chill exercise of free speech
b) chills right to petition redress of greivances- The Court will rule on the Motion at a hearing
- Granted:
The entire Complaint or cause of action will be stricken from the Court’s record and Plaintiff cannot purse these claims against Defendat Attorneys’ fees are mandatory and are awarded to Plaintiff - Denied:
Defendant is given time to prepare and file an Answer to the Complaint. Attorneys’ fees are mandatory and are awarded to Defendant.
- Granted:
- The Court will rule on the Motion at a hearing
- Demurrer:
Demurrer is a special name for an objection to a pleading. Essentiall, this is what California calls a motion to dismiss. It can be brought on a variety of grounds, such as failure to state a cause of action, failure to plead fraud with specificity, failure to allege whether a contract is oral, written or implied by conduct,, outside the staute of limitations, etc.
- Defendant files a Motion to Quash Service:
a) sdefective service
b) Defendant(s) live in another state. - Defendant fails to respond to the Complaint within the time prescribed
- Defendant responds to Complaint by filing and serving on all parties one or more of the following:
- Plaintiff is not sucessful in serving Defendant(s) with 60 days following the date the Summons was issued
- Plaintiff sucessfully serves Defendant(s). Defendant(s) now have 30 days to respond to the Complaint (10 additional days are given to Defendant(s) who are served by substitution)
- A party to the action can be served with a Notice of Deposition and can also be required to bring and produce documents at the depsition to aid in the examination
- Clerk of the Court issues Summons and returns conformed Complaint to Plaintiff