Legal Question in Business Law in California

Re: wrong legal cause of action?

"A complaint must contain a statement of the facts constituting the cause of action in ordinary and concise language." CCP � 425.10. Each cause of action within a complaint must be separately numbered and labeled. CRC 2.112. A good starting point for determining the elements of a cause of action is the California Civil Jury Instructions.

If the plaintiff's complaint is defective, the defendant will normally file a demurrer, and if the demurrer is sustained, the plaintiff will probably get at least one chance to file an amended complaint.

Re: wrong legal cause of action?

As it seems you recognize, the elements of a cause of action for interference with contractual relations has an element which an action for prospective economic advantage does not: the existing contractual relationship. Depending on various circumstances, you may not want to point out the defect too soon. If you have not yet retained counsel, call me for a free and private consultation.

Re: wrong legal cause of action?

The important thing is not so much the label put on a cause of action as the facts pleaded. If a plaintiff labels a cause of action as ABC but the facts pleaded show that the plaintiff has a cause of action for BCD instead, the matter can generally proceed to trial, and if the plaintiff proves the facts alleged, the plaintiff should prevail despite the labeling mistake.