carol

California follows code pleading, so if you are on an essay that is asking about notice vs. code pleading (and even if you are in fed court) go ahead and make a quick mention on your exam that California follows code pleading. You will see notice and code pleading come up in one of those essays that asks about a summary judgment or motion to dismiss for failure to state a claim or insufficiency of the pleadings - i have seen examples of this already in the released answers in our class and the bar has picked essay answers that have these Cal distinctions made even before the they started actually testing it.