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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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In my Complaint, I have several causes of action , i.e., Counts.

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In my Complaint, I have several causes of action , i.e., Counts. How do I include the preceding Count in the next Count? And is this essential? The Practice Book says to begin each Count with No. 1. So, am I including previous allegations with the next allegation (count)? My counts are breach of duty, vexatious litigation, malicious prosecution, collusion, abuse of process, violation of rules. They all pertain to the same matter, the same defendant. What "special" language should as the first paragraph of each of my Counts, if any; or do I just continue on with my next allegations, 1,2,3...

Attorney William B. :

Dear Customer, the way to do this is that with every count (You should have a heading such as "COUNT 2" return "VEXATIOUS LITIGATION" return (22 the number will be the next paragraph number in your complaint - every paragraph will have a number) : "This Count incorporates each and every fact and allegation as set forth above, as if set forth herein in full"

Customer:

Hi

Customer:

My practice book says to start each count anew, with No. 1.

Customer:

Ok. I see what you've said. I'll put that language under each new Count, yes..

Customer:

"This Count incorporates each..."

Attorney William B. :

Correct. Some attorneys like to be very specific: This count incorporates Paragraph 1 - 21 as if set forth ...

Customer:

Thank you.

Customer:

I can be specific.

Attorney William B. :

Another way to do it (one that I prefer as it avoids problems during revisions, but may have some procedural weaknesses that most judges overlook): an opening paragraph: Each and every paragraph, fact and allegation, shall be included and incorporated in each allegation as if set forth therein.

Customer:

Do I follow this after the "Facts" and the "Introduction" too.

Attorney William B. :

Yes.

Customer:

Thanks very much. I'm gonna rate you now.... :)

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