Disposition of a case without a trial

Question 1

What is a voluntary dismissal?

Answer 1

A plaintiff may obtain one voluntary dismissal without prejudice so it may be relitigated. The trial court may also grant a dismissal after an answer or MSJ is filed, unless substantial prejudice to the defendant would occur.

Question 2

What is CA’s mandatory dismissal?

Answer 2

Occurs if the case is not brought to trial within five years of filing the complaint, or two years have passed form filing until the service of process

Question 3

What is a default judgment?

Answer 3

A default judgment occurs if the defendant fails to respond within 21 days after service federally, or 30 days of service in CA.

Question 4

What is a motion for summary judgment?

Answer 4

MSJ will be ordered where the moving party can establish there is NO GENUINE ISSUE OF MATERIAL FACT and they they are ENTITLED TO A JUDGMENT AS A MATTER OF LAW

Question 5

What is a dismissal for failure to state a claim and what is the CA version?

Answer 5

A dismissal for failure to state a claim occurs where if the court assumes all allegations are true, the plaintiff cannot win based on the face of the complaint.

In CA, this is called a general demurrer.