1.25.11

Complaint Assignment- complete autonomy to allege theories, change facts, make entities corporations, etc. May have conflicting theories, but not conflicting facts.
-Add anything that you need, do whatever you want with outline
-Don't get ahead of Bruce, don't try to finish the pleadings until we cover the info in class.

Electronic Discovery Night moved to Wednesday night, March 9th.

p. 134
It is not necessary for every plaintiff to sue every defendant on every cause of action. But if you do not distinguish, it is assumed that all P against all D, for particular cause of action.

Costs- May get some costs back, some filing fees, but not expert witnesses, etc. Unless contract or statute entitles you to attorney fees, you won't get those back. Always ask for both anyway.

Legal vs. Equitable Relief
• Equitable- EX Injunction, Specific performance, etc.
If no adequate legal remedies, seek equitable. Is it contradictory to ask for both? Yes, but you may still ask for both. Cannot recover both, but can include both in pleadings.

Injunctions-"stop gap"/"provisional remedies" CR 64-71
• to stop a loss until such time as we can permanently fix it.
Prohibitory Injunction- stop someone from doing something
3 Step Process
1. TRO- Temporary restraining order
• Good for 10-14 days
• Can get one with relative ease
• Ex-parte (without opposition) without knowledge or presence of other party
➢ a) Must show you are facing an irreparable harm
➢ b) Likely to prevail on the merits (show that you are right, EX contract, photo, etc)
➢ c) Bond- you must post bond, if you are wrong, the damage to other party is compensated (usually twice the amount in dispute)
• Judges Hate this process- violates due process, other party not even present
2. Hearing- some evidence presented to judge, perhaps testimony. Make decision as to whether or not the injunction will be continued.
• If it is decided that the TRO was given in right, > Preliminary Injunction
• If it is decided that the TRO was given in error, the court will DISSOLVE the TRO
3. Trial- if in right -permanent injunction (+ monetary damages can be awarded)

p137
How do we know this is Federal Court? United States District Court
How do we know whether Fed Law or Diversity + $? - Common law causes of action
Plaintiff- Hendricks- CA
Defendant- Rice- Nev
Defendant- Paradise Inc- Idaho
Defendant- Forrester- Nev
Incident- Nev
(Home & Hearth location not important, not being sued)
Jurisdiction is proper in which state? Nev or Idaho, not CA (not P residence)
Eerie Railroad- Court will apply law from state in which it sits.
1st Paragraph- lacks citation to law for diversity + $75k in Fed Ct.
Form- Better in include Introduction section for jurisdiction, venue, etc. and keep causes of action in separate section (as in Terri Thomas case EX). Either way is ok.
Fraud-
1. Misrepresentation
2. Of Material Fact
3. Scienter (knowledge) of Falsity
4. Intent to Induce Reliance
5. Reliance
6. Reasonable Reliance
7. Damages

Incorporation by Reference- MEMORIZE
• Every cause of action MUST "stand alone" (unto itself be legally sufficient)
• Every cause of action must have parties, venue + jurisdiction, facts, and relief
• You can literally retype paragraphs 1-7 under each cause of action or incorporate by reference
• Paragraph 11 p138 "Plaintiffs reallege and ...as though set forth at length" Incorporates 1-7 not 8 (which alleges knowledge, which would conflict with negligence)
• Make sure to incorporate all necessary paragraphs, but make sure that they are not conflicting.
• Fiduciary Duty- the highest duty known to man (intentional or not, breach of fiduciary duty)
Critique by Bruce
• Prayer for each cause of action- Good- Can customize relief
• Very bad idea to specify amount of damages- things change, don't set limit
➢ "Damages in an amount to be proven at trial"
Subscriptions
• Signature, including bar #, etc. at end

• No rule as to order of parts, any order is fine, but it should make sense. Tell a story.
• All things alleged in complaint should be true.

The Request for a Jury CR 38b
• You have 10 days after service of the last pleading.
• What is the last pleading? Amended pleading, Answer. NEVER complaint/crossclaim (each gets an answer)

Verifications
• Verified complaints- rare, risky (requires verified answer)

Exhibits
• Rare on complaints (except commercial litigation, where documents are subject of dispute, EX contracts, claim statutes, etc.)
• Plaintiffs - use Letters for exhibits A,B,C
• Defendants - use Numbers for exhibits 1,2,3

Filing the complaint = going to court and filing it with the court
Take with you:
• a. Check
• b. Cover Sheet
• c. Complaint
• Give to clerk, stamp as filed, stamp with docket #, court keeps original
• Bring COPIES for conforming (those additional copies which are stamped, one for serving, one to file, take at least three)

Summons- inform defendant of lawsuit (procedural due process) CR 4
• Four Types of Service
➢ 1. Personal Service- must verify identity, not necessary to actually touch defendant
• At least 3 separate attempts (different times, different days)
➢ 2. Substitute Service of Process
• House of usual abode
• Suitable age and discretion
• Who resides there
• Must also mail a copy
➢ 3. Service by Publication
• Publication of general circulation
• Constructive notice- not actual notice
• Tips- assume it will be challenged, file a Motion for Service by Publication, will need to show due diligence. May still be challenged, but improves chance to survive challenge.
• More time for defendant to answer complaint, 60 days
➢ 4. Service by Mail CR 4d(4)
• 90 days to answer
➢ If you don't use personal service you are in trouble.
➢ No summons on Crossclaim or Counterclaim. But on third party Yes.
➢ Trick- send roses, women almost always open door.

How to serve the State of Washington
➢ Attorney General - Rob Mckenna
➢ Or Assistant Attorney General- must be served in office

Non-Washington Domiciliary
• Long Arm Statute

Defendant of Foreign Country 4i(1)
• in the manner prescribed by the law of the foreign country

Statute of Limitations 4.16.170
How long do you have to serve a complaint? 90 days in WA, 120 FED
Don't serve in time, filing elapses, may refile provided statute has not run.

Return of Service
• server must file proof of service, verifying proper service

Waiver of Service
• Federal Only
• Call and ask to waive, if so they get more time to answer.