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For a complaint in a code pleading state-after extensive facts

Resolved Question:

For a complaint in a code pleading state-after extensive facts and causes of actions
are listed-if case law is recent, for example a ninth circuit ruling affecting the case,
can it be included in the complaint
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

Plaintiff is the master of their complaint, and can write whatever they want.

However, a code pleading (aka "fact") jurisdiction requires that the plaintiff allege ultimate facts which if proved at trial would cause the court to enter judgment for plaintiff.

Ultimate facts are those facts which satisfy the elements of the cause of action. They do not include statements of law, whether statute or case law.

A plaintiff and/or counsel may cite case law or statute as a means of informing the court as to what elements are necessary to satisfy the cause of action, and then state the allegations. However, no citation to legal authority is necessary to make a code pleading. It's up to the defendant to demurrer, if the plaintiff fails to state a claim for which relief may be granted -- and for the judge to research the law to ensure that any dismissal or demurrer is sustained based upon applicable law.

Concerning a 9th Circuit ruling, in California such federal court rulings are persuasive but not binding authority -- unless the issue concerns a matter of federal rather than state law. So, as a general rule, citing a 9th Circuit ruling as a means of providing the elements of a case is not generally advised, unless you are certain that the ruling is followed by the California state courts.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34857
Experience: Retired (mostly)
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Customer: replied 1 year ago.

I rated so this is a separate question


 


The 9th circuit ruling is that an employee that works in the state of California comes under the California Department of Labor, whether independent contractor or employee, and that for choice of law, California law is applied, even if there is a choice of law/choice of venue clause in any agreement with the worker


 


I will check if the state agencies apply this-I believe they would but given this state relies on independent contractors, Mexican workers( I am not but an employee of a company with extensive contacts within the state, and I am trying to apply california law to the case- I know you cannot guess at anything but if you practice in Caifornia do you think the case might be allowed in California superior court with the labor code applied

Expert:  socrateaser replied 1 year ago.

Ninth Circuit cases are highly persuasive. However, I would not rely on the case except to the extent that you may be pleading both violations of state and federal labor law.

California private employment is governed by the Cal. Labor Code, except where federal law preempts under the Fair Labor Standards Act. Federal law has been held to preempt generally only where it is more protective of employees than is state law. See Ramirez v. Yosemite Water Co., Inc. (1999) 20 C4th 785, 795, 85 CR2d 844, 850; Pacific Merchant Shipping Ass'n v. Aubry (9th Cir. 1990) 918 F2d 1409, 1426–1427]

And, there you go.

Hope this helps.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34857
Experience: Retired (mostly)
socrateaser and 10 other Legal Specialists are ready to help you

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