Legal Question in Civil Litigation in California

I know that in Personal Injury/Medical Malpractice cases , the Plaintiff is not to state the monetary amount seeking, but what if Plaintiff states, that: "Jurisdiction is proper because Plaintiff is seeking over $25,000" ? Would that count as a violation to be stricken later on? ....... (because in mandatory Judicial Council Forms, like the CMC statements, there are checkboxes asking Limited (under $25,000) or Unlimited Case (over $25,000))


Asked on 10/11/14, 12:37 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If it is a form complaint, checking the box is not subject to a motion to strike. It if was plead in the original long form complaint, it may be construed as improper, and was probably not necessary at all. A motion to strike is made at the outset of a case. You use the term "later on" which I assume to mean before trial. The time period before trial is not the time to be making a motion to strike.

Read more
Answered on 10/11/14, 1:43 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California