California Causes of Action by Kevin Lancaster and Stanton T. Mathews is a complete practice guide for lawyers who litigate civil cases on behalf of plaintiffs and defendants. It offers easily accessible information, explanation, case law and CACI instructions concerning your everyday and out-of-the-ordinary cases.
Not only are causes of action easily understandable and accessible, but real world form complaints are included, as are affirmative defenses explained, complete with forms.
Start your case confidently and competently with California Causes of Action. Whether you’re looking for a familiar cause of action or an untried cause of action to fit specific, unusual facts, California Causes of Action will be a useful tool.
First Client Interview
- You listen to the facts, it’s a serious injury and seems like a solvent defendant. But, does your client have a legally cognizable claim?
- Are there available affirmative defenses to anticipate?
- What further questions, information or reports do I need?
- What’s the CACI jury instruction on point?
- What’s the statute of limitations?
California Causes of Action is a desktop reference to quickly review before the first client interview, so you know what facts might fit a specific cause of action.
You can also identify what other documents or information is necessary to confirm the claim has legal merit.
From the defense perspective, you need to know what facts might eliminate the claim or give rise to an immunity. Does your client have access to that information?
Learn about the favorable and fatal elements of a case quickly.
Drafting the First Pleading
- Have you ever litigated a case based on this cause of action?
- What are the legal requirements to meet the burden of proof? You will not be enhancing your image of legal competence to the other party if your first pleading is deficient and subject to demurrer or a need to file a motion to amend.
- Are there statute of limitation issues?
- What affirmative defenses are available?
Use California Causes of Action to prepare your complaint confidently and competently. You do not want the opposition’s first pleading encounter with your client to be legally insufficient. Know the required elements of the cause of action, recognize what evidence you already possess and be up to date with the latest case law on the subject before you have your first conversation about the case with opposing counsel.
Preparing your answer and raising affirmative defenses is the time to set up the overall strategy and discovery plan to be successful. Are there “bright line” issues or “balancing factors” to prevail with an affirmative defense? Quickly read the narrative explanation and find the controlling case before you draft your answer. Filing a motion for leave to amend the answer and assert affirmative defenses is a waste of your client’s money and easily preventable with a quick review of California Causes of Action. Its manageable layout of causes of action, statutes of limitations, affirmative defenses and forms to review or follow make this an important first step.
Attacks on the Pleadings
- Have all the elements of a claim been plead?
- What are the requirements to establish defendant’s duty to plaintiff?
- What’s the law concerning causation?
- Does plaintiff have cognizable damages?
- Can I knock out defendant’s affirmative defenses?
- What is defendant’s burden of proof on its affirmative defenses?
Attacks on the pleadings in the form of a demurrer, summary judgment, summary adjudication of issues or judgment on the pleadings motions can begin with an analysis of the pleading requirements, elements of the claim and burden of proving the affirmative defenses. Whether moving or opposing such a motion, California Causes of Action provides the tools to get the job done quickly and competently.
There is no substitute for good lawyering, exhaustive research and favorable evidence. However, California Causes of Action is an important tool in being prepared to understand and litigate confidently on solid ground.