2010 California Code
Code of Civil Procedure
Article 1. General Provisions

CODE OF CIVIL PROCEDURE
SECTION 425.10-425.18



425.10.  (a) A complaint or cross-complaint shall contain both of
the following:
   (1) A statement of the facts constituting the cause of action, in
ordinary and concise language.
   (2) A demand for judgment for the relief to which the pleader
claims to be entitled. If the recovery of money or damages is
demanded, the amount demanded shall be stated.
   (b) Notwithstanding subdivision (a), where an action is brought to
recover actual or punitive damages for personal injury or wrongful
death, the amount demanded shall not be stated, but the complaint
shall comply with Section 422.30 and, in a limited civil case, with
subdivision (b) of Section 70613 of the Government Code.



425.11.  (a) As used in this section:
   (1) "Complaint" includes a cross-complaint.
   (2) "Plaintiff" includes a cross-complainant.
   (3) "Defendant" includes a cross-defendant.
   (b) When a complaint is filed in an action to recover damages for
personal injury or wrongful death, the defendant may at any time
request a statement setting forth the nature and amount of damages
being sought. The request shall be served upon the plaintiff, who
shall serve a responsive statement as to the damages within 15 days.
In the event that a response is not served, the defendant, on notice
to the plaintiff, may petition the court in which the action is
pending to order the plaintiff to serve a responsive statement.
   (c) If no request is made for the statement referred to in
subdivision (b), the plaintiff shall serve the statement on the
defendant before a default may be taken.
   (d) The statement referred to in subdivision (b) shall be served
in the following manner:
   (1) If a party has not appeared in the action, the statement shall
be served in the same manner as a summons.
   (2) If a party has appeared in the action, the statement shall be
served upon the party's attorney, or upon the party if the party has
appeared without an attorney, in the manner provided for service of a
summons or in the manner provided by Chapter 5 (commencing with
Section 1010) of Title 14 of Part 2.
   (e) The statement referred to in subdivision (b) may be combined
with the statement described in Section 425.115.



425.115.  (a) As used in this section:
   (1) "Complaint" includes a cross-complaint.
   (2) "Plaintiff" includes a cross-complainant.
   (3) "Defendant" includes a cross-defendant.
   (b) The plaintiff preserves the right to seek punitive damages
pursuant to Section 3294 of the Civil Code on a default judgment by
serving upon the defendant the following statement, or its
substantial equivalent:

  NOTICE TO _____________________________________:
     (Insert name of defendant or cross-defendant)
  _____________________ reserves the right to seek
  (Insert name of plaintiff or cross-complainant)
  $ __________________________ in punitive damages
  (Insert dollar amount)
  when____________________ seeks a judgment in the
  (Insert name of plaintiff
  or
  cross-complainant)
  suit filed against you.
  ______________________________ _________________
     (Insert name of attorney
                or                     (Date)
    party appearing in propria
             persona)

   (c)  If the plaintiff seeks punitive damages pursuant to Section
3294 of the Civil Code, and if the defendant appears in the action,
the plaintiff shall not be limited to the amount set forth in the
statement served on the defendant pursuant to this section.
   (d) A plaintiff who serves a statement on the defendant pursuant
to this section shall be deemed to have complied with Sections 425.10
and 580 of this code and Section 3295 of the Civil Code.
   (e) The plaintiff may serve a statement upon the defendant
pursuant to this section, and may serve the statement as part of the
statement required by Section 425.11.
   (f) The plaintiff shall serve the statement upon the defendant
pursuant to this section before a default may be taken, if the motion
for default judgment includes a request for punitive damages.
   (g) The statement referred to in subdivision (b) shall be served
by one of the following methods:
   (1) If the party has not appeared in the action, the statement
shall be served in the same manner as a summons pursuant to Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2
of the Code of Civil Procedure.
   (2) If the party has appeared in the action, the statement shall
be served upon his or her attorney, or upon the party if he or she
has appeared without an attorney, either in the same manner as a
summons pursuant to Article 3 (commencing with Section 415.10) of
Chapter 4 or in the manner provided by Chapter 5 (commencing with
Section 1010) of Title 14.



425.12.  (a) The Judicial Council shall develop and approve official
forms for use in trial courts of this state for any complaint,
cross-complaint or answer in any action based upon personal injury,
property damage, wrongful death, unlawful detainer, breach of
contract or fraud.
   (b) The Judicial Council shall develop and approve an official
form for use as a statement of damages pursuant to Sections 425.11
and 425.115.
   (c) In developing the forms required by this section, the Judicial
Council shall consult with a representative advisory committee which
shall include, but not be limited to, representatives of the
plaintiff's bar, the defense bar, the public interest bar, court
administrators and the public. The forms shall be drafted in
nontechnical language and shall be made available through the office
of the clerk of the appropriate trial court.



425.13.  (a) In any action for damages arising out of the
professional negligence of a health care provider, no claim for
punitive damages shall be included in a complaint or other pleading
unless the court enters an order allowing an amended pleading that
includes a claim for punitive damages to be filed. The court may
allow the filing of an amended pleading claiming punitive damages on
a motion by the party seeking the amended pleading and on the basis
of the supporting and opposing affidavits presented that the
plaintiff has established that there is a substantial probability
that the plaintiff will prevail on the claim pursuant to Section 3294
of the Civil Code. The court shall not grant a motion allowing the
filing of an amended pleading that includes a claim for punitive
damages if the motion for such an order is not filed within two years
after the complaint or initial pleading is filed or not less than
nine months before the date the matter is first set for trial,
whichever is earlier.
   (b) For the purposes of this section, "health care provider" means
any person licensed or certified pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code, or licensed
pursuant to the Osteopathic Initiative Act, or the Chiropractic
Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with
Section 1440) of Division 2 of the Health and Safety Code; and any
clinic, health dispensary, or health facility, licensed pursuant to
Division 2 (commencing with Section 1200) of the Health and Safety
Code. "Health care provider" includes the legal representatives of a
health care provider.



425.14.  No claim for punitive or exemplary damages against a
religious corporation or religious corporation sole shall be included
in a complaint or other pleading unless the court enters an order
allowing an amended pleading that includes a claim for punitive or
exemplary damages to be filed. The court may allow the filing of an
amended pleading claiming punitive or exemplary damages on a motion
by the party seeking the amended pleading and upon a finding, on the
basis of the supporting and opposing affidavits presented, that the
plaintiff has established evidence which substantiates that plaintiff
will meet the clear and convincing standard of proof under Section
3294 of the Civil Code.
   Nothing in this section is intended to affect the plaintiff's
right to discover evidence on the issue of punitive or exemplary
damages.



425.15.  (a) No cause of action against a person serving without
compensation as a director or officer of a nonprofit corporation
described in this section, on account of any negligent act or
omission by that person within the scope of that person's duties as a
director acting in the capacity of a board member, or as an officer
acting in the capacity of, and within the scope of the duties of, an
officer, shall be included in a complaint or other pleading unless
the court enters an order allowing the pleading that includes that
claim to be filed after the court determines that the party seeking
to file the pleading has established evidence that substantiates the
claim. The court may allow the filing of a pleading that includes
that claim following the filing of a verified petition therefor
accompanied by the proposed pleading and supporting affidavits
stating the facts upon which the liability is based. The court shall
order service of the petition upon the party against whom the action
is proposed to be filed and permit that party to submit opposing
affidavits prior to making its determination. The filing of the
petition, proposed pleading, and accompanying affidavits shall toll
the running of any applicable statute of limitations until the final
determination of the matter, which ruling, if favorable to the
petitioning party, shall permit the proposed pleading to be filed.
   (b) Nothing in this section shall affect the right of the
plaintiff to discover evidence on the issue of damages.
   (c) Nothing in this section shall be construed to affect any
action against a nonprofit corporation for any negligent action or
omission of a volunteer director or officer occurring within the
scope of the person's duties.
   (d) For the purposes of this section, "compensation" means
remuneration whether by way of salary, fee, or other consideration
for services rendered. However, the payment of per diem, mileage, or
other reimbursement expenses to a director or officer shall not
constitute compensation.
   (e) (1) This section applies only to officers and directors of
nonprofit corporations that are subject to Part 2 (commencing with
Section 5110), Part 3 (commencing with Section 7110), or Part 4
(commencing with Section 9110) of Division 2 of Title 1 of the
Corporations Code that are organized to provide charitable,
educational, scientific, social, or other forms of public service and
that are exempt from federal income taxation under Section 501(c)
(1), except any credit union, or Section 501(c)(4), 501(c)(5), 501(c)
(7), or 501(c)(19) of the Internal Revenue Code.
   (2) This section does not apply to any corporation that unlawfully
restricts membership, services, or benefits conferred on the basis
of political affiliation, age, or any characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code.



425.16.  (a) The Legislature finds and declares that there has been
a disturbing increase in lawsuits brought primarily to chill the
valid exercise of the constitutional rights of freedom of speech and
petition for the redress of grievances. The Legislature finds and
declares that it is in the public interest to encourage continued
participation in matters of public significance, and that this
participation should not be chilled through abuse of the judicial
process. To this end, this section shall be construed broadly.
   (b) (1) A cause of action against a person arising from any act of
that person in furtherance of the person's right of petition or free
speech under the United States Constitution or the California
Constitution in connection with a public issue shall be subject to a
special motion to strike, unless the court determines that the
plaintiff has established that there is a probability that the
plaintiff will prevail on the claim.
   (2) In making its determination, the court shall consider the
pleadings, and supporting and opposing affidavits stating the facts
upon which the liability or defense is based.
   (3) If the court determines that the plaintiff has established a
probability that he or she will prevail on the claim, neither that
determination nor the fact of that determination shall be admissible
in evidence at any later stage of the case, or in any subsequent
action, and no burden of proof or degree of proof otherwise
applicable shall be affected by that determination in any later stage
of the case or in any subsequent proceeding.
   (c) (1) Except as provided in paragraph (2), in any action subject
to subdivision (b), a prevailing defendant on a special motion to
strike shall be entitled to recover his or her attorney's fees and
costs. If the court finds that a special motion to strike is
frivolous or is solely intended to cause unnecessary delay, the court
shall award costs and reasonable attorney's fees to a plaintiff
prevailing on the motion, pursuant to Section 128.5.
   (2) A defendant who prevails on a special motion to strike in an
action subject to paragraph (1) shall not be entitled to attorney's
fees and costs if that cause of action is brought pursuant to Section
6259, 11130, 11130.3, 54960, or 54960.1 of the Government Code.
Nothing in this paragraph shall be construed to prevent a prevailing
defendant from recovering attorney's fees and costs pursuant to
subdivision (d) of Section 6259, 11130.5, or 54690.5.
   (d) This section shall not apply to any enforcement action brought
in the name of the people of the State of California by the Attorney
General, district attorney, or city attorney, acting as a public
prosecutor.
   (e) As used in this section, "act in furtherance of a person's
right of petition or free speech under the United States or
California Constitution in connection with a public issue" includes:
(1) any written or oral statement or writing made before a
legislative, executive, or judicial proceeding, or any other official
proceeding authorized by law, (2) any written or oral statement or
writing made in connection with an issue under consideration or
review by a legislative, executive, or judicial body, or any other
official proceeding authorized by law, (3) any written or oral
statement or writing made in a place open to the public or a public
forum in connection with an issue of public interest, or (4) any
other conduct in furtherance of the exercise of the constitutional
right of petition or the constitutional right of free speech in
connection with a public issue or an issue of public interest.
   (f) The special motion may be filed within 60 days of the service
of the complaint or, in the court's discretion, at any later time
upon terms it deems proper. The motion shall be scheduled by the
clerk of the court for a hearing not more than 30 days after the
service of the motion unless the docket conditions of the court
require a later hearing.
   (g) All discovery proceedings in the action shall be stayed upon
the filing of a notice of motion made pursuant to this section. The
stay of discovery shall remain in effect until notice of entry of the
order ruling on the motion. The court, on noticed motion and for
good cause shown, may order that specified discovery be conducted
notwithstanding this subdivision.
   (h) For purposes of this section, "complaint" includes
"cross-complaint" and "petition," "plaintiff" includes
"cross-complainant" and "petitioner," and "defendant" includes
"cross-defendant" and "respondent."
   (i) An order granting or denying a special motion to strike shall
be appealable under Section 904.1.
   (j) (1) Any party who files a special motion to strike pursuant to
this section, and any party who files an opposition to a special
motion to strike, shall, promptly upon so filing, transmit to the
Judicial Council, by e-mail or facsimile, a copy of the endorsed,
filed caption page of the motion or opposition, a copy of any related
notice of appeal or petition for a writ, and a conformed copy of any
order issued pursuant to this section, including any order granting
or denying a special motion to strike, discovery, or fees.
   (2) The Judicial Council shall maintain a public record of
information transmitted pursuant to this subdivision for at least
three years, and may store the information on microfilm or other
appropriate electronic media.



425.17.  (a) The Legislature finds and declares that there has been
a disturbing abuse of Section 425.16, the California Anti-SLAPP Law,
which has undermined the exercise of the constitutional rights of
freedom of speech and petition for the redress of grievances,
contrary to the purpose and intent of Section 425.16. The Legislature
finds and declares that it is in the public interest to encourage
continued participation in matters of public significance, and that
this participation should not be chilled through abuse of the
judicial process or Section 425.16.
   (b) Section 425.16 does not apply to any action brought solely in
the public interest or on behalf of the general public if all of the
following conditions exist:
   (1) The plaintiff does not seek any relief greater than or
different from the relief sought for the general public or a class of
which the plaintiff is a member. A claim for attorney's fees, costs,
or penalties does not constitute greater or different relief for
purposes of this subdivision.
   (2) The action, if successful, would enforce an important right
affecting the public interest, and would confer a significant
benefit, whether pecuniary or nonpecuniary, on the general public or
a large class of persons.
   (3) Private enforcement is necessary and places a disproportionate
financial burden on the plaintiff in relation to the plaintiff's
stake in the matter.
   (c) Section 425.16 does not apply to any cause of action brought
against a person primarily engaged in the business of selling or
leasing goods or services, including, but not limited to, insurance,
securities, or financial instruments, arising from any statement or
conduct by that person if both of the following conditions exist:
   (1) The statement or conduct consists of representations of fact
about that person's or a business competitor's business operations,
goods, or services, that is made for the purpose of obtaining
approval for, promoting, or securing sales or leases of, or
commercial transactions in, the person's goods or services, or the
statement or conduct was made in the course of delivering the person'
s goods or services.
   (2) The intended audience is an actual or potential buyer or
customer, or a person likely to repeat the statement to, or otherwise
influence, an actual or potential buyer or customer, or the
statement or conduct arose out of or within the context of a
regulatory approval process, proceeding, or investigation, except
where the statement or conduct was made by a telephone corporation in
the course of a proceeding before the California Public Utilities
Commission and is the subject of a lawsuit brought by a competitor,
notwithstanding that the conduct or statement concerns an important
public issue.
   (d) Subdivisions (b) and (c) do not apply to any of the following:
   (1) Any person enumerated in subdivision (b) of Section 2 of
Article I of the California Constitution or Section 1070 of the
Evidence Code, or any person engaged in the dissemination of ideas or
expression in any book or academic journal, while engaged in the
gathering, receiving, or processing of information for communication
to the public.
   (2) Any action against any person or entity based upon the
creation, dissemination, exhibition, advertisement, or other similar
promotion of any dramatic, literary, musical, political, or artistic
work, including, but not limited to, a motion picture or television
program, or an article published in a newspaper or magazine of
general circulation.
   (3) Any nonprofit organization that receives more than 50 percent
of its annual revenues from federal, state, or local government
grants, awards, programs, or reimbursements for services rendered.
   (e) If any trial court denies a special motion to strike on the
grounds that the action or cause of action is exempt pursuant to this
section, the appeal provisions in subdivision (j) of Section 425.16
and paragraph (13) of subdivision (a) of Section 904.1 do not apply
to that action or cause of action.



425.18.  (a) The Legislature finds and declares that a SLAPPback is
distinguishable in character and origin from the ordinary malicious
prosecution action. The Legislature further finds and declares that a
SLAPPback cause of action should be treated differently, as provided
in this section, from an ordinary malicious prosecution action
because a SLAPPback is consistent with the Legislature's intent to
protect the valid exercise of the constitutional rights of free
speech and petition by its deterrent effect on SLAPP (strategic
lawsuit against public participation) litigation and by its
restoration of public confidence in participatory democracy.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "SLAPPback" means any cause of action for malicious
prosecution or abuse of process arising from the filing or
maintenance of a prior cause of action that has been dismissed
pursuant to a special motion to strike under Section 425.16.
   (2) "Special motion to strike" means a motion made pursuant to
Section 425.16.
   (c) The provisions of subdivisions (c), (f), (g), and (i) of
Section 425.16, and paragraph (13) of subdivision (a) of Section
904.1, shall not apply to a special motion to strike a SLAPPback.
   (d) (1) A special motion to strike a SLAPPback shall be filed
within any one of the following periods of time, as follows:
   (A) Within 120 days of the service of the complaint.
   (B) At the court's discretion, within six months of the service of
the complaint.
   (C) At the court's discretion, at any later time in extraordinary
cases due to no fault of the defendant and upon written findings of
the court stating the extraordinary case and circumstance.
   (2) The motion shall be scheduled by the clerk of the court for a
hearing not more than 30 days after the service of the motion unless
the docket conditions of the court require a later hearing.
   (e) A party opposing a special motion to strike a SLAPPback may
file an ex parte application for a continuance to obtain necessary
discovery. If it appears that facts essential to justify opposition
to that motion may exist, but cannot then be presented, the court
shall grant a reasonable continuance to permit the party to obtain
affidavits or conduct discovery or may make any other order as may be
just.
   (f) If the court finds that a special motion to strike a SLAPPback
is frivolous or solely intended to cause unnecessary delay, the
court shall award costs and reasonable attorney's fees to a plaintiff
prevailing on the motion, pursuant to Section 128.5.
   (g) Upon entry of an order denying a special motion to strike a
SLAPPback claim, or granting the special motion to strike as to some
but less than all causes of action alleged in a complaint containing
a SLAPPback claim, an aggrieved party may, within 20 days after
service of a written notice of the entry of the order, petition an
appropriate reviewing court for a peremptory writ.
   (h) A special motion to strike may not be filed against a
SLAPPback by a party whose filing or maintenance of the prior cause
of action from which the SLAPPback arises was illegal as a matter of
law.
   (i) This section does not apply to a SLAPPback filed by a public
entity.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.