Pleading With Particularity In Contra Costa
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Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
If you are: a person (this includes sole-proprietors) you may claim up to $12,500; if you are a Corporation, limited liability company or partnership, you may claim up to $6,250.
All Probate, Guardianship and Conservatorship documents are filed and heard in the Wakefield Taylor Courthouse in Martinez.
Pleading Paper Your name must start on line 1. The Court name and location must start on line 8. The caption of the case must start on line 11. You must have a footer with the title of the document. After the caption (the box with the name of the Plaintiff/Respondent) you can use the space as needed, using double spacing.
Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.
If you are: a person (this includes sole-proprietors) you may claim up to $12,500; if you are a Corporation, limited liability company or partnership, you may claim up to $6,250.
Preliminary injunctions and bonds. A party requesting a preliminary injunction may give notice of the request to the opposing or responding party either by serving a noticed motion under Code of Civil Procedure section 1005 or by obtaining and serving an order to show cause (OSC).
There are several types of pleadings in civil litigation. These include complaints, which serve as the basis of the legal action, and answers, which are the responses to the complaints. There may also be counterclaims, crossclaims, and third-party claims, which are also types of pleadings.
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
A pleading must be in writing and must be signed by all persons joining in it. All pleadings filed in proceedings under the Probate Code must be verified. If two or more persons join in a pleading, it may be verified by any of them.
