Lee v. Stamper

I am not in accord with that part of the majority opinion which holds the amount of special damages does not have to be specifically pleaded and will give my reasons in this dissent.

True, the Rules of Civil Procedure attempt to get away from the strict requirements of the Civil Code, but to my mind this does not mean the Civil Rules have eliminated all requirements of pleading a cause of action, or that a monkey may now prepare a complaint as well as a man.

The majority correctly say the purpose of CR 9.06 is to require the pleading to advise the opposite party that special damages are being…