What compelling case law exists where a defendant has been ordered to file a lawsuit against a plaintiff in a civil case?

California, United States of America


The following excerpt is from Metoyer v. Farahan, B286079 (Cal. App. 2019):

prisoners to file a lawsuit. That might have been compelling, if plaintiff had actually raised it on appeal, and if defendant had had an opportunity to respond. But neither of those things happened. (Cf. People ex rel. Dept. of Transportation v. Superior Court (1992) 5 Cal.App.4th 1480, 1485 ["It is true that the allegations in a complaint must be liberally construed. [Citation.] It is also true that ' ". . . the essence is fairness in pleading in order to give the defendant sufficient notice of the cause of action stated against him so that he will be able to prepare his case [citations]. . . ." ' [Citation.] Therefore, we must not so liberally construe the allegations of the complaint so as to deny the defendant adequate notice to defend the case."].)

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