California Rules of Civil Procedure

In California a civil action commences with the filing of a complaint.  The party who commences the action is called the plaintiff, and the adverse party is called the defendant.  According to Cal Code Civ Proc Section 412.10, once a complaint is filed the plaintiff can have the court clerk issue summons for any defendant(s).

Different types of pleadings in California courts are: Complaints, demurrers, answers and cross complaints.  A complaint should be filed by the real party in interest.  If the real party in interest is a minor or incompetent person, the person’s guardian, or conservator or guardian ad litem should file the complaint.

California provides for both trial by jury and trial by court.  Generally, a judgment is passed on merits soon after the trial.


Inside California Rules of Civil Procedure