Construction of leadingism liberalism in California

The subject of this article is a brief discussion of the rules of Construction of Free Trial in California. Please note that the term plea means many things, including answers, complaints, motions, petitions and other documents submitted to the court for the purpose of seeking relief.

California law, all Litigation shall be constructed freely in consideration of substantial justice among the parties.

Code of Civil Procedure Section 452 states that "in the composition of a petition, in order to determine its effectiveness, its argument must be freely interpreted in consideration of substantial justice between the parties."

Section 452 is very clear and clear and the California State Court interprets Article 452 broadly, as all litigation must be freely restricted.

The California Court of Appeals states that "California has California engaged in the rules of construction of discretionary litigation considering substantial justice between the parties."

Another appellate court in California states that the label or name affixed to the complaint or litigation cause is not a determinant, fact A bailout to determine the essence of the complaint was bought.

This is because the parties that misrepresented complaints or motions have the right to expect the court to interpret the complaint and motion at will freely, seeing beyond the label stated in the petition, and to decide based on that form Content of plea having.

In fact, another cord section of California National Civil Code Section 3528 states that "the law does not fit in shape than the entity". This specific code section was first enacted in 1872. This certainly proves that California laws are considering that substance, not in the form of a plea submitted to the court.

The California Appeals Court, while arguing about the liberal construction policy on complaints, does not matter that Stenif says that the nature of the case or the possibility that he may have made a mistake about the theory he wishes is a matter of , The important thing is that the country has a valid claim anywhere for relief.

In California, a legal commitment to the rules of liberalism building in litigation should be viewed favorably by litigants against lawsuits alleged that the appeal is appropriate based on wrong name or legal theory. In other words, not based mainly on substances, but based on form.

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Best regards,

Stan Berman