Form Complaint Civil With Multiple Plaintiffs
Description
How to fill out General Form Of Complaint, Petition, Or Declaration For Ejectment?
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FAQ
Complaint: To start a limited civil lawsuit, the plaintiff (the person who starts the case) files several forms. The first form to complete is the complaint. A complaint is a form that says how the person was hurt or how the dispute arose, who is responsible, and how much the damages are.
The complaint describes the plaintiff's damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief.
You may take the deposition of anyone (e.g., parties, witnesses, people with knowledge of the case) that you could depose in an unlimited jurisdiction case?but you may take only one deposition "[a]s to each adverse party" (CCP §94).
A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages. This article will describe these elements in more detail.
Elements (of a case) The existence of a legal duty that the defendant owed to the plaintiff. The defendant's breach of that duty. The plaintiff's sufferance of an injury. Proof that defendant's breach caused the injury (typically defined through proximate cause)