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To preserve its affirmative defenses, a defendant need not file a new answer to an amended complaint that does not change the cause of action to which those defenses pertain.   When an amended complaint does not add new parties, new claims, or significant new factual allegations, the answer to the previously filed complaint suffices. Read More

Under CCP 446(a), a defendant must file a verified answer to a complaint filed by the state, a county or certain other governmental agencies  “unless an admission of the truth of the complaint might subject the party to a criminal prosecution."  This decision holds that a defendant corporation is a "party" entitled to file an unverified answer under the quoted… Read More

A lawsuit against a public entity may allege additional facts and new causes of action not stated in the plaintiff's government claim so long as they are based on the same fundamental facts supporting liability on the same legal theory or theories raised in the tort claim.  Here, the plaintiff's government claim alleged torts arising from the police response to… Read More

An action for an accounting upon dissolution of a corporation is not a special proceeding or an action for declaratory relief and thus is an action that triggers the compulsory cross-complaint rule under CCP 426.10 et seq. Read More

Plaintiff's False Claims Act complaint alleged that all the defendant health insurers submitted false claims using false diagnoses of patients' medical condition from the same vendor, and no further differentiation among the health insurers was needed to satisfy Federal Rule of Civil Procedure 9(b) since they all acted the same way. Read More

Plaintiff may amend the original complaint once before answer or demurrer hearing, but leave of court is required for any amendment to an amended complaint. Read More

Plaintiffs who purchased applications from Apple's App Store are direct purchasers from Apple and can sue it for monopolizing the market for distribution of applications that run on the iPhone.  Read More

Compliance with the Government Tort Claims statute's claim presentation requirement may be alleged generally—as by checking a box on the Judicial Council form complaint stating that "Plaintiff … has complied with applicable claims statutes.”  Read More