Legal Question in Civil Litigation in California

Is it advisable to use a "Nature of the Action" section in a standard complaint? I see them in class action complaints but I don't know if one is needed on an individual complaint. Thanks!


Asked on 6/28/12, 10:40 am

3 Answers from Attorneys

Jacob Kiani Law Office of Jacob I. Kiani

I don't think you need it and it's a little formal for a single plaintiff state case, but I don't see how it could hurt either.

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Answered on 6/28/12, 10:44 am
Edward Hoffman Law Offices of Edward A. Hoffman

It's not necessary and its usually not done. Your causes of action should all be listed on the first page; lawyers and judges will already know a lot about the nature of the case before they get to page two.

Including a section that puts everything in context can be helpful in a complex case. But be careful. Pro pers often make mistakes in their pleadings that come back to haunt them later. The more you write, the more chances you have to make such a mistake.

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Answered on 6/28/12, 11:34 am
Anthony Roach Law Office of Anthony A. Roach

Judges tend to be a little harsher on people that represent themselves, called pro se or pro pers. I don't necessarily think that is right, but I see it happen all the time.

From the standpoint of advocacy, it is a good idea to have the different theories of recovery, called causes of action, properly labelled and numbered. Form complaints that are provided by the judicial council are not immune to demurrer, and it is up to the pleader to properly fill in the appropriate blanks and labels.

I would suggest that you at least speak to an attorney to get some advice and pointers. Many attorneys, including myself, are willing to provide some legal coaching for a small fee for people who cannot afford to be fully represented.

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Answered on 6/28/12, 12:12 pm


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