§ 13-21-1105 — Pleading requirements

(1) In any action permitted under
section 13-21-1104 (2), the plaintiff shall state the following with particularity in the
complaint:

(a) The statute, regulation, or other provision of state or federal law that was
allegedly violated;

(b) The facts that are alleged to constitute a material violation of such law;
and

(c) The facts that are alleged to demonstrate that the material violation
proximately caused actual injury to the plaintiff.

(2) In addition to the requirements set forth in subsection (1) of this section,
the complaint shall state with particularity facts sufficient to support a reasonable
inference that the violation was knowing and willful.

(3) For purposes of applying this part 11:

(a) The pleading requirements contained in this section shall be regarded as
jurisdictional prerequisites to the bringing of an action and not merely procedural
provisions; and

(b) The requirements of actual injury, knowledge and willfulness, and
proximate cause as described in this section shall apply to all actions commenced
under this part 11 notwithstanding any provision of law of another state that may be
inconsistent with or contrary to such requirements.

Legislative History

Source: L. 2004: Entire part added, p. 760, � 1, effective May 17.