Who is involved in lawsuits? There are attorneys, both inside and outside. For instance, Erickson Beasley & Hewitt, LLP is an outside firm that handles employment cases. The inside attorneys assist in gathering information. They sometimes attend hearings when working for public organizations. There are risk management personnel, such as insurance representatives from the company’s insurance companies. They determine how much money to set aside for litigation. They look at the potential exposure of a lawsuit and whether to settle or go to trial.
In employment cases, under the FEHA, a person needs to file a complaint in order to get a right to sue letter. In the complaint when the person is ready to sue, the plaintiff lists causes of actions, which are theories why the facts determine entitlement for relief. There are usually multiple causes of action for the same set of facts. The theories may be inconsistent with each other.
The plaintiff may not focus on a particular cause of action until trial. The plaintiff wants to make sure he/she is not missing anything at the start. The defense prefers to box the plaintiff in on particular allegations. The defendant uses a demurrer or motion to dismiss to narrow the causes of actions. The defendant attacks the complaint. In a demurrer, it is assumed everything alleged is true. The defendant asks if the complaint states a cause of action. There can be multiple demurrers. After a demurrer is sustained, the plaintiff may be given leave to amend the complaint. In federal court, the plaintiff only needs to state conclusions in a complaint so a defendant cannot argue there are not enough details. If the demurrer is sustained without leave to amend, the cause of action is over.
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