Hello, how are you? I was wondering if you could explain why a Complaint must have at least One Cause of Action?

Question

What CCP, Statute and or Rule of Court Mandates that a Complaint must have at least One Cause of Action? Is this more or less a definition of "A Cause of Action". A  Cause of Action is a Legal Theory that States facts put forward as the Basis for a Lawsuit?What happens If a Plaintiff starts out with a Cause of Action in a Complaint and through Discovery-Defendant produces evidence that makes the Cause of Action Null and Void? If there is only One Cause of Action-what does the Judge look at to consider if he/she will allow a Plaintiff to file a Leave to Amend the Complaint.It seems that this would be the point where either the Judge allows the Plaintiff to file a Leave to Amend The Complaint, or The Judge decides there are not enough facts to support a Leave to Amend The Complaint-The Judge then Dismisses the Case.Is there a source that goes into detail about every aspect of What a Cause of Action is, and how a Cause of Action maybe effected by different factors?Thank You for your time.

James L. Arrasmith · Answer

To answer your questions about causes of action in complaints under California law: 
 
1. Requirement for at least one cause of action: 
 
There's no specific statute that explicitly states a complaint must have at least one cause of action. However, this requirement is inherent in the definition and purpose of a complaint in civil procedure.  
 
California Code of Civil Procedure (CCP) § 425.10(a) states: 
"A complaint or cross-complaint shall contain both of the following: 
(1) A statement of the facts constituting the cause of action, in ordinary and concise language. 
(2) A demand for judgment for the relief to which the pleader claims to be entitled." 
 
This implies that a cause of action is a fundamental component of a complaint. 
 
2. Definition of a cause of action: 
 
Your understanding is correct. A cause of action is essentially a set of facts that, if proven, would entitle the plaintiff to relief under a specific legal theory. It's the legal basis for a lawsuit. 
 
3. Discovery negating a cause of action: 
 
If discovery produces evidence that negates the only cause of action in a complaint, several outcomes are possible: 
 
a) The defendant might file a motion for summary judgment. 
b) The plaintiff might seek leave to amend the complaint. 
c) The case might proceed to trial, where the plaintiff would likely lose unless they can present contrary evidence. 
 
4. Judge's considerations for leave to amend: 
 
When considering whether to grant leave to amend, a judge typically looks at: 
 
- Whether the amendment would prejudice the opposing party 
- Whether the amendment is made in good faith 
- Whether the amendment would be futile 
- The reason for delay in seeking amendment 
- The number of prior amendments 
 
CCP § 473(a)(1) gives courts discretion to allow amendments "in furtherance of justice." 
 
5. Sources for detailed information on causes of action: 
 
For comprehensive information on causes of action in California, consider: 
 
- Witkin, California Procedure (5th ed.) 
- California Forms of Pleading and Practice 
- California Civil Practice series by Thomson Reuters 
- California Practice Guide: Civil Procedure Before Trial 
 
These sources provide in-depth analysis of causes of action, including their elements, how they're pleaded, and how various factors affect them.

Q: Hello, how are you? I was wondering if you could explain why a Complaint must have at least One Cause of Action?