cation when service by publication is ordered, the court is deemed to have acquired jurisdiction of the parties, and to have control of all the subsequent proceedings. The voluntary appearance of a defendant is equivalent to personal service of the summons and copy of the complaint upon him. En. March 11, 1872. Am'd. 1873-4, 299. Cal.Rep.Cit. 56, 629; 75, 239; 84, 29; 117, 581; 122, 450; 59, 473; 60, 299; 64, 598; 75, 220; 87, 152; 92, 355; 99, 205; 103, 522; 125, 300; 133, 71. Prac. Act, sec. 35. En. April 29, 1851. TITLE VI. OF THE PLEADINGS IN CIVIL ACTIONS. Chapter I. The Pleadings in General, §§ 420-422. Demurrer to the Complaint, §§ 430-434. III. VIII. 420. 421. 422. § 420. Variance-Mistakes in Pleadings and Amendments, §§ 469-476. CHAPTER I. THE PLEADINGS IN GENERAL. Definition of pleadings. This code prescribes the form and rules of pleadings. Definition of pleadings. The pleadings are the formal allegations by the parties of their respective claims and defenses for the judgment of the court. En. March 11, 1872. Cal.Rep.Cit. 71, 522; 117, 240. Prac. Act, sec. 36. En. April 29, 1851. § 421. This code prescribes the form and rules of pleadings. The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined are those prescribed by this code. En. March 11, 1872. Cal.Rep.Cit. 83, 397; 114, 475. Prac. Act, sec. 37. En. April 29, 1851. One form of actions: Ante, sec. 307. Rules of pleading, generally: Post, secs. 452 et seq. § 422. What pleadings are allowed. The only pleadings allowed on the part of the plaintiff are: 1. The complaint; 2. The demurrer to the answer. And on the part of the defendant: 1. The demurrer to the complaint; 2. The answer. En. March 11, 1872. Cal.Rep. Cit. 56, 325; 114, 475. Prac. Act, sec. 38. 1860, 298; 1863, 578; Cal.Rep.Cit. 1, 174; 39, 177; 77, 226. En. April 29, 1851. Am'd. 1855, 303; 1866, 701. 5, 125; 34, 27; 34, 28; 38, 585; 425. 426. CHAPTER II. THE COMPLAINT. Complaint, first pleading. Complaint, what to contain. 427. What causes of action may be joined. $425. Complaint, first pleading. The first pleading on the part of the plaintiff is the complaint. En. March 11, 1872. § 426. Complaint, what to contain. must contain: The complaint 1. The title of the action, the name of the court and county in which the action is brought, and the names of the parties to the action; 2. A statement of the facts constituting the cause of action, in ordinary and concise language; 3. A demand of the relief which the plaintiff claims. If the recovery of money or damages be demanded, the amount thereof must be stated. En. March 11, 1872. Cal.Rep.Cit. 79, 585; 124, 83. 77, 413; 81, 121; 83, 397; 126, 634. Subd. 3-99, 244. Subd. 2-51, 545; 63, 427; 93, 57; 94, 174; 99, 418; Prac. Act, sec. 39. En. April 29, 1851. Cal.Rep.Cit. 1, 96; 7, 261; 25, 89; 37, 253; 37, 303; 40, 491. Title, papers defectively entitled: Post, sec. 1046. Venue: Ante, secs. 392-400. Parties: Ante, secs. 367-390. Parties, misjoinder or nonjoinder: Post, sec. 430. Association may be sued under common name: Ante, sec. 388. Intervention: Ante, sec. 387. Fictitious names for defendants: Post, sec. 474. Construction of pleadings to be liberal: Post, sec. 452. Errors and defects to be disregarded: Post, sec. 475. Material allegations not controverted taken as true: Post, sec. 462. Service of complaint: Ante, sec. 410. Several causes of action, uniting: Post, sec. 427. Pleading, in particular cases: See Particular Title. Amendment of pleadings: Post, secs. 472, 473; of complaint: Post, sec. 432. As to effect of setting out written instrument, if its genuineness is not denied on oath: Post, secs. 447-449. Variance: Post, secs. 469 et seq. Gold coin, allegations to obtain judgment in: Post, sec. 667. Supplemental complaint: Post, sec. 464. § 427. What causes of action may be joined. The plaintiff may unite several causes of action in the same complaint, where they all arise out of: 1. Contracts, express or implied; 2. Claims to recover specific real property, with or without damages for the withholding thereof, or for waste committed thereon, and the rents and profits of the same; 3. Claims to recover specific personal property, with or without damages for the withholding thereof; 4. Claims against a trustee by virtue of a contract or by operation of law; 5. Injuries to character; 6. Injuries to person; 7. Injuries to property. The causes of action so united must all belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated; but an action for malicious arrest and prosecution, or either of them, may be united with an action for either an injury to character or to the person. En. March 11, 1872. What proceedings are to be had when complaint amended. answer. Objections, when deemed waived. § 430. When defendant may demur. The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4. That there is a defect or misjoinder of parties plaintiff or defendant; or, 5. That several causes of action have been improperly united; or, not separately States (1987) 6. That the complaint does not state facts sufficient to constitute a cause of action; or, 7. That the complaint is ambiguous, unintelligble, or uncertain. En. March 11, 1872. Cal.Rep.Cit. 54, 292; 118, 239; 124, 83; Subd. 495, 133; 102, 509; 110, 487. 87, 458; 121, 171; Prac. Act, sec. 40. Cal. Rep.Cit. 1, 174; 8, 369; 8, 517; 43, 184. 76, 43; 77, 311; 125, 111; 136, 614. 110, 289; 110, 460. Subd. 6-68, 59. En. April 29, 1851. 98, 417; 118, 224; Subd. 266, 59. Subd. 590, 76; Subd. 782, 212; Am'd. 1859, 139. 6, 165; 7, 334; 32, 119; 32, 342; General and special demurrer: See sec. 431, infra. Demurring and answering at same time: Post, secs. 431, 441. Serving demurrer: Post, sec. 465. Judgment on demurrer: Post, sec. 636. Demurrer is an appearance: Post, sec. 1014. Waiving objections by not demurring: Post. sec. 434. § 431. Demurrer must specify, etc. May be taken to part. May answer and demur at same time. The demurrer must distinctly specify the grounds upon which any of the objections to the complaint are taken. Unless it do so, it may be disregarded. It may be taken to the whole complaint or to any of the causes of action stated therein, or the defendant may demur and answer at the same time. En. March 11, 1872. Cal.Rep.Cit. 96, 493; 118, 420; 133, 310. Prac. Act, sec. 41. Cal. Rep. Cit. 25, 89; En. April 29, 1851. 25, 90; 25, 91; 25, 92; 26, 154; 30, 673. Prac. Act, sec. 42. En. April 29, 1851. Cal.Rep.Cit. 1, 174; 38, 541. § 432. What proceedings are to be had when complaint amended. If the complaint is amended, a copy of the amendments must be filed, or the court may, in its dis |
