What Is a Cause of Action

A cause of action is one of those legal terms that lawyers throw out without really thinking about what it may mean to the people they are talking to. A cause of action is basically a set of facts that gives rise to an enforceable right to bring an action against a party. In other words, a cause of action is the basic set of facts that gives you the right to sue. When you sue someone, you must allege certain causes of action to give the court a basis for finding in your favor. Causes of action often entail legal theories like negligence, breach of contract, and fraud.
Like I said above, a cause of action is a basis for bringing a lawsuit. It is important when drafting a complaint to make sure it has all the necessary elements contained within the complaint to establish grounds for a case against the defendant; otherwise, the court can strike the complaint or dismiss it. Even if the plaintiff can prove the facts alleged in the complaint, the court may still dismiss the complaint if it does not properly name the right causes of action. The published decision in Heller v . Schwimmer, 197 Cal.App.3d 156, demonstrates this rule perfectly.
In Heller, Rachel Heller (plaintiff) sued her former husband, Michael Schwimmer (defendant), for specific performance of a separation agreement and damages as emotional distress damages. The court dismissed her complaint and plaintiff appealed. The court of appeal reversed the decision with respect to damages for emotional distress because a separation agreement gave plaintiff disciplinary powers over defendant in California, and imposed punitive damages on him if he did not comply with the separation agreement. However, the Court of Appeal affirmed the trial court’s dismissal of the emotional distress damages because the plaintiff did not specifically allege emotional distress in her complaint under a specific theory of law. Therefore, the court in Heller stated that it is an abuse of discretion for a trial judge to deny leave to amend a complaint after it has been determined that the complaint is completely lacking in any merit and wholly deficient in stating a cause of action.

Components of a Cause of Action

A cause of action typically includes four elements: (1) a formal legal right or "legal right of action", which is a legally protected interest possessed by the person bringing a lawsuit; (2) an alleged violation of the legal right; (3) focusing on the harm caused by the alleged violation; and (4) showing satisfaction of the violation through the defendant. The elements of each cause of action will differ based on the details of each case, as well as the specific rules of civil procedure applicable to the case.
Having these elements is important because each element proves or disproves something regarding the party’s claim. In other words, without legal rights created in federal statutes or state statutes, rules, or case law, there is not a cause of action. For example, if you bring a civil suit for the improper revocation of a person’s license, but no law creates the cause of action allowing people such a claim, then the suit should be dismissed, and it will be in all likelihood.

Different Types of Cause of Action

As with many legal terms, it’s not as complex as it seems. "Cause of action" is a very useful phrase that will get you far in litigation and in your legal research. It basically just means that there’s a legal basis for that person to bring the lawsuit.
And a "legal basis" for a lawsuit generally means that the person in question thinks that someone or some thing has legally offended them some way. So there are some basic types of causes of action for lawsuits: Torts: Torts are civil wrongs that cause people damage, loss, or impairment to their rights. Maybe someone was driving and crashed into you. That person had a duty to not be a reckless driver and failed to perform it. A tort is an injury that’s used to establish liability in a civil court. Contracts: Contracts are maybe the most common cause of action, even if people don’t realize it. If an employer doesn’t pay you for the hours you worked, you have a cause of action based on the employment contract between yourself and your employer. Sometimes this might be a verbal contract (with something like an at-will employment agreement) or a written contract (say, a services contract with a modeling scout that you explicitly signed). Other times, contracts might be implied based on the actions of the parties involved. Statutory: Like contracts, statutory causes of action are some of the most common. They basically mean that that person violated a specific law (a statute) that has not been covered by the other aforementioned types of causes of action. Statutory causes of action may involve some area of law entirely unrelated to the aforementioned two (such as employment law, landlord-tenant law, etc.). Statutory causes of action can be complicated and regularly involve a statute of limitations defense, meaning that if your lawyer waited too long to file your lawsuit, the court can decide to deny your case based on that fact.

How to Identify a Cause of Action

Determining a Cause of Action
One defining characteristic of a cause of action is the manner in which it is determined. After a client has explained the wrongful conduct that gave rise to a possible lawsuit, an attorney who represents that client or the attorney for the adverse party must begin to figure out whether the conduct, or "facts," actually give rise to a cause of action. In other words, without any apparent connection between the facts and the law, would the client actually have a legal remedy in court? This is the precise purpose of a cause of action; to provide the legal elements that, once proven to be true, make up a case. Additionally, a plaintiff would have to be able to prove all the elements listed in a cause of action to prevail at a trial under the rules of evidence.
In order to determine whether a cause of action actually exists in a case, the attorney must first know what causes of action exist under certain law and how the courts have applied those laws. There are two ways the attorney can attempt to figure this out; either the attorney has to do research and see whether the law and its elements are established by both statutory and case law, or the attorney has to rely on and take advantage of his or her experience from past cases. Sometimes an attorney already knows a specific cause of action because he or she has dealt with it on numerous occasions and knows what most courts will do with it without having to rely on extensive research.
In general, there are six steps applicable to all causes of action:
The cause of action essentially connects the law and the facts and provides the resolution, or remedy, that is needed. Since the judge or jury must apply the law to the facts, the judge or jury will look at the elements of the cause of action and see precisely how these elements apply to the facts. A cause of action can become so important in a case that if the defendant is able to establish that there are no actual legal grounds for the action, then the defendant can ask the court to enter a judgment against the plaintiff as a matter of law.

Cause of Action and Why It Is Important in Lawsuits

The relevance of a clearly defined cause of action is a fundamental consideration when filing lawsuits. The legal concept is essential to define what the lawsuit is about and what rights of the plaintiff are or may have been violated. The plaintiff, in most cases, has the burden of pleading a cause of action with sufficient specificity to put the defendant on notice of the claims being asserted. While it is usually the plaintiff who is asserting the cause of action, the defendant can be assert it as a matter of defense, as well.
A properly defined cause of action will refer to facts that show that no legal rights of the plaintiff have been violated, or that the plaintiff is entitled to some relief by way of law. For instance, in a civil case, the plaintiff will generally plead the elements of the cause of action by providing facts to show that his or her claim constitutes an actionable claim because there was a breach of that right.
An example of a cause of action breach of contract claim is as follows: "The defendant and plaintiff entered into a valid and enforceable written contract in 20XX. The plaintiff performed all of the duties and obligations of the contract but the defendant materially breached the contract by failing to pay for the goods purchased . " these factual allegations, if accepted as true, will show that the plaintiff has a viable cause of action for breach of contract where the plaintiff can prove each of the elements of the claim.
The legal concept of cause of action also has importance in judgments. Generally speaking, the element of the claim(s) set out in the complaint will define the issues before the court in the trial. If the plaintiff fails to carry his or her burden of proof on the issue in the claim(s) for the lawsuit. A judgment will be entered in favor of the party who wins the trial on the issue(s) presented in the cause of action.
In some cases, the plaintiff may seek to avoid the consequence of loss on its claim by claiming that it inadvertently or unknowingly omitted facts from its pleading. While that may be true, it does not mean that the plaintiff would be or is entitled to relief once the court has resolved the issue(s) that were tried. The gap or omission of facts in a pleading within a cause of action are usually titled an "omitted fact" of which there is no benefit or harm because there is no prejudice by the omission to any of the parties in the lawsuit.

Filing a Cause of Action

When you have been harmed by the actions of another, whether through intentional malice or negligence, you may have a cause of action against them in order to pursue legal reparation. It can be difficult to know how to go about filing a cause of action against someone who has wronged you — but it is important not to delay. The following outlines steps you should take to file a cause of action and exercise your right to seek justice.

Step 1: Gather Evidence

In order to file a cause of action, you must have evidence of your claim. Depending upon what has happened to you, this evidence may be physical injuries, hospital bills, receipts, photographs, witness statements, or video footage. In some cases, a letter threatening legal action from an attorney can be considered evidence in support of a plaintiff’s cause of action. The most important aspect of filing a cause of action is making sure you have the evidence to support your claim and that a judge or jury would agree with your assertion that you have been harmed in some way and are entitled to reparation.

Step 2: Meet Deadlines

In order to file a cause of action, you must present your claim within the statute of limitations. If your claim is outside the statute of limitations period (which varies from state to state and claim to claim), the court may deem your case invalid and throw it out before it even goes to trial. Even if you have a strong cause of action, it is best not to attempt to represent yourself in court if you believe the statute of limitations has expired. Even some of the most seasoned lawyers get caught up in statute of limitation issues, and it is always best to consult with an experienced attorney before proceeding.

Step 3: File Your Cause of Action

If you feel you have a strong case and the statute of limitations has not run out, your Next Step is to initiate proceedings in the appropriate court by filing your cause of action. Generally, a cause of action is filed by presenting a complaint to the court and a summons to the defendant. Most of the time, it is best to seek legal counsel to help you determine the appropriate court to file in, ensure you file in the appropriate jurisdiction, and draft the necessary legal documents. Once you file the cause of action and pay the required fees, you may be brought into court for a pre-trial conference. This is a meeting once again with the judge and all parties involved in the cause of action so they can determine how best to proceed with your lawsuit.

Step 4: Pre-Trial Proceedings

While you are not required to hire an attorney to file a cause of action, it is a good idea to seek legal counsel to help you navigate the process. The legal system is complicated, and in order to win your case, you must present your action by specific legal procedures and requirements. If you do not comply with the law, you may find that your cause of action is either dismissed or the verdict is not in your favor. An attorney will work with you during this entire process from filing a cause of action all the way through to the trial itself. If your case is not settled or dismissed out of court, criminal or civil charges will be filed against the defendant that must be argued by your attorney.

Issues in Proving a Cause of Action

As critical as it is, establishing cause of action is often easier said than done. In many cases, there is an inherent and indisputable relationship between the plaintiff and defendant due to the nature of their transaction. Still, there are a number of specific legal challenges that must be overcome to establish cause of action and secure fair and sensible compensation for damages.
Most causes of action cases are dependent on very narrow legal terms that can only be applied to certain claims. In order to succeed at trial, a plaintiff must demonstrate the existence of these causes of action by meeting or exceeding the legal definitions in place. Unfortunately, even the most experienced attorneys may have difficulty proving these prerequisites in court.
Even when there is overwhelming evidence of wrongdoing, there are a number of practical obstacles that can arise during a case. For example, an experienced defendant may have cross-examined witnesses to show that they were mistaken, or that they had a reason to make false or misleading claims. This can often cast doubt on their statements and minimize the total amount of damages awarded. It is critical that a plaintiff understands the nature of these challenges before they begin pursuing their claim.
When seeking to prove the existence of a cause of action, the plaintiff attorney must meet or exceed a variety of legal requirements. These can include meeting strict deadlines for filing a claim or gathering relevant evidence, providing a well-reasoned legal argument that is backed up by case law, or conducting a thorough discovery process throughout the trial. If the plaintiff attorney is unable to do so, it is likely that the case will be dismissed by the judge.

Cause of Action and Application for Amendment

In most cases, a cause of action can be amended to resolve pursuant to a stipulation made by the parties although the stipulation must be in writing or made on the record in open court. A party may also amend to conform to proof at trial. However, if the amendment is made after trial and results in a substantially different cause of action or defense, then notice must be given pursuant to the California Code of Civil Procedure.
Amending a complaint requires the filing of an amended pleading to substitute for or supplement the prior version. The amended pleading replaces the prior pleading in all respects except those relating to prior court rulings. One important caveat to amendment is that it is not permissible "to add a cause of action to a pleading if an answer has been filed unless the trial date is more than thirty days away" as stated in California Code of Civil Procedure Section 473 . If an amendment is made to substitute a defendant after a cross-complaint has been filed, then the new defendant must be substituted, by order upon noticed motion; and the motion must be served upon the adverse party and the former party defendant. The motion is made for a change of parties under California Code of Civil Procedure Section 384.
If the amendment does not alter the essential nature or ‘gravamen’ of the complaint, the plaintiff may amend the complaint and give notice, but the defendant does not have the right to withdraw from the case once it has commenced. If the amendment increases the extent or nature of the relief demanded, the defendant may avoid the amendment by abandoning the part of his or her answer which denies the amendment, as stated in California Code of Civil Procedure section 472.