Category Archives: Pleadings
Failing to screen complaints for SLAPPable matter: an expensive mistake
In the excitement to “tell their story” in a complaint, pro se litigants and even attorneys often fail to screen for SLAPPable matter in a complaint, which can lead to very expensive mandatory attorneys’ fees and costs if a defendant prevails … Continue reading
Federal Court: Does Twombly/Iqbal apply to affirmative defenses?
A court may strike affirmative defenses under Federal Rule of Civil Procedure 12(f) if they present an “insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter.” The question is: can the Iqbal/Twombly pleading standards be applied to strike affirmative defenses in California … Continue reading
The Statute of Limitations for Medical Malpractice Cases Can Be Tolled
The statute of limitations requires that a professional negligence claim against a healthcare provider (aka medical malpractice) be brought within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. (Code Civ. … Continue reading