Legal Question in Civil Litigation in California

California Code of Civil Prodcedure

I am having a difficult time locating the section that deals with:

Plaintiff files a complaint and serves a defendant that complaint. In that complaint the Plaintiffs refer to a contract and list it as exhibit 1 but did not attach the contract to the complaint.

Questions are:

Is this grounds for dismissal for lack of proper service?

What Section of the procedure addresses what must be served (true and complete complaint)?


Asked on 7/08/08, 9:41 pm

1 Answer from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: California Code of Civil Prodcedure

It's not grounds for a motion to dismiss. It may be grounds for a demurrer. But why bother? It may make more sense to file your Answer and then serve (1) a Demand for Bill of Particulars, and (2) written discovery.

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Answered on 7/08/08, 10:13 pm


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