SECTIONS 452-465 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 452-465

452. In the construction of a pleading, for the purpose of
determining its effect, its allegations must be liberally construed,
with a view to substantial justice between the parties.

454. It is not necessary for a party to set forth in a pleading the
items of an account therein alleged, but he must deliver to the
adverse party, within ten days after a demand thereof in writing, a
copy of the account, or be precluded from giving evidence thereof.
The court or judge thereof may order a further account when the one
delivered is too general, or is defective in any particular.
If the pleading is verified the account must be verified by the
affidavit of the party to the effect that he believes it to be true;
or if the facts are within the personal knowledge of the agent or
attorney for the party, or the party is not within the county where
the attorney has his office or from some cause unable to make the
affidavit, by the affidavit of the agent or attorney.

455. In an action for the recovery of real property, it must be
described in the complaint with such certainty as to enable an
officer, upon execution, to identify it.

456. In pleading a judgment or other determination of a court,
officer, or board, it is not necessary to state the facts conferring
jurisdiction, but such judgment or determination may be stated to
have been duly given or made and to have become final. If such
allegation be controverted, the party pleading must establish on the
trial the facts conferring jurisdiction and creating finality.

457. In pleading the performance of conditions precedent in a
contract, it is not necessary to state the facts showing such
performance, but it may be stated generally that the party duly
performed all the conditions on his part, and if such allegation be
controverted, the party pleading must establish, on the trial, the
facts showing such performance.

458. In pleading the Statute of Limitations it is not necessary to
state the facts showing the defense, but it may be stated generally
that the cause of action is barred by the provisions of Section ____
(giving the number of the section and subdivision thereof, if it is
so divided, relied upon) of THE CODE OF CIVIL PROCEDURE; and if such
allegation be controverted, the party pleading must establish, on the
trial, the facts showing that the cause of action is so barred.

459. In pleading a private statute, or an ordinance of a county or
municipal corporation, or a right derived therefrom, it is sufficient
to refer to such statute or ordinance by its title and the day of
its passage. In pleading the performance of conditions precedent
under a statute or an ordinance of a county or municipal corporation,
or of a right derived therefrom, it is not necessary to state the
facts showing such performance, but it may be stated generally that
the party duly performed all the conditions on his part required
thereby; if such allegations be controverted the party pleading must
establish on the trial the facts showing such performance.

460. In an action for libel or slander it is not necessary to state
in the complaint any extrinsic facts for the purpose of showing the
application to the plaintiff of the defamatory matter out of which
the cause of action arose; but it is sufficient to state, generally,
that the same was published or spoken concerning the plaintiff; and
if such allegation be controverted, the plaintiff must establish on
the trial that it was so published or spoken.

460.5. (a) In any action for libel or slander, for good cause shown
upon ex parte written application, the court may order that the time
to respond to the complaint is 20 days after the service of summons
on the defendant. The application shall be supported by an affidavit
stating facts showing, among other things, that the alleged
defamatory matter has been continuously published and that there is a
reasonable likelihood that the publication will continue. The order
shall direct the clerk to endorse the summons to show that the time
to respond has been shortened pursuant to this section. A copy of the
application, affidavit, and order shall be served with the summons.
(b) In any such action, unless otherwise ordered by the court for
good cause shown, the time allowed the defendant to respond to the
complaint or amend the answer under Section 586 shall not exceed 10
days.
(c) The court shall give any such action precedence over all other
civil actions, except actions to which special precedence is given
by law, in the matter of the setting the case for hearing or trial,
and in hearing the case, to the end that all such actions shall be
quickly heard and determined. Except for good cause shown, the court
shall not grant a continuance in excess of 10 days without the
consent of the adverse party.
(d) For purposes of this section, "continuously published" means
three or more publications within 15 days.

460.7. (a) In any action by a candidate or former candidate for
elective public office against a holder of elective public office or
an opposing candidate for libel or slander that is alleged to have
occurred during the course of an election campaign, the court shall
order that the time to respond to the complaint is 20 days after the
service of summons on the defendant. The order shall direct the clerk
to endorse the summons to show that the time to respond has been
shortened pursuant to this section. A copy of the affidavit and order
shall be served with the summons.
(b) In any action described in subdivision (a), unless otherwise
ordered by the court for good cause shown, the time allowed the
defendant to respond to the complaint or amend the answer under
Section 586 shall not exceed 10 days.
(c) The court shall give any action described in subdivision (a)
precedence over all other civil actions, except actions to which
special precedence is given by law, in the matter of the setting of
the case of hearing or trial, and in hearing the case, to the end
that all actions described in subdivision (a) shall be quickly heard
and determined. Except for good cause shown, the court shall not
grant a continuance in excess of 10 days without the consent of the
adverse party.

461. In any action within Section 460 or 460.5, the defendant may,
in his answer, allege both the truth of the matter charged as
defamatory, and any mitigating circumstances, to reduce the amount of
damages. Whether he proves the justification or not, he may give in
evidence the mitigating circumstances.

464. (a) The plaintiff and defendant, respectively, may be allowed,
on motion, to make a supplemental complaint or answer, alleging
facts material to the case occurring after the former complaint or
answer.
(b) The plaintiff and defendant, or petitioner and respondent,
may, in any action in which the support of children is an issue, file
a supplemental complaint seeking a judgment or order of paternity or
support for a child of the mother and father of the child whose
paternity and support are already in issue before the court. A
supplemental complaint for paternity or child support may be filed
without leave of court either before or after final judgment in the
underlying action.
(c) Upon the filing of a supplemental complaint, the court clerk
shall issue an amended or supplemental summons pursuant to Section
412.10. Service of the supplemental summons and complaint shall be
made in the manner provided for the initial service of a summons by
this code.

465. Except with leave of the court, all pleadings subsequent to
the complaint, together with proof of service unless a summons need
be issued, shall be filed with the clerk or judge, and copies thereof
served upon the adverse party or his or her attorney.