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The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
The original Administrative Procedure Act was California Senate Bill 705 of 1945, Chapter 867 of the California Statutes of 1945, signed by Governor Earl Warren on 15 June 1945. [5] It had been proposed by the Judicial Council of California, whose report relied heavily on the report of the Attorney General's Committee on Administrative Procedure.
Rules 18 and 20 have different effects depending on when they are invoked. Joinder may occur as part of an original pleading. There is a discretionary period after the initial filing, during which original pleadings may be amended as a matter of course. Parties or claims or both may be joined during that time.
California Civil Code § 3369, enacted in 1872, was California's early unfair competition statute. It "addressed only the availability of civil remedies for business violations in cases of penalty, forfeiture, and criminal violation." [3] A 1933 amendment expanded the law to prohibit "any person [from] performing an act of unfair competition."
The United States Federal Rule of Civil Procedure 8(d)(2) states that "[a] party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient." [4]
Cal. Code — California Code (unofficial text? [3]) Cal. Code Reg. — California Code of Regulations (see: CCR below) CCR — California Code of Regulations (official text?) (source: Thomson/West) Cert. — Certiorari (appeal to a higher court) CIC — Codex Iuris Canonici, the Code of Canon Law (further specified as 1983 CIC or 1917 CIC)
If the plaintiff delays too long, the court generally will not allow amendment of the claim to substitute the names of the appropriate party, and any valid claims against those defendants may become statute barred. However, the plaintiff may not, through the action of the fictitious defendants or the other defendants to the lawsuit, be ...
In addition to notice pleading, a minority of states (e.g., California) use an intermediate system known as code pleading, which is a system older than notice pleading and which is based upon legislative statute. It tends to straddle the gulf between obsolete common-law pleading and modern notice pleading.