California Civil Procedure

Question 1

Limited Civil Cases

Answer 1

Cases with amount in controversy of $25,000 or less; restrictions on SMJ, equitable claims, declaratory relief. (Aggregate claims of same P.)

Question 2

Reclassification standard (2)

Answer 2

Unlimited –> Limited = recovery > $25k “virtually unobtainable”
Limited –> Unlimited = “possibility” verdict > $25k

Question 3

California PJ Standard

Answer 3

Cal. long arm coterminus w/ const. DPC, so two steps of analysis essentially collapsed

Question 4

Venue for Transitory Actions

Answer 4

(1) County in which any D resides (if no Cal. D –> any county);
+ (2) CONTRACT: county of contract formation or performance
+ (3) PERSONAL INJURY: county of injury

Question 5

Tort Conflict of Laws (3)

Answer 5

(1) Are laws different?
(2) Does each state have an interest? –> true conflict if yes
(3) Analyze comparative impairments

Question 6

Statute of Limitations

Answer 6

Generally accrues when P suspects or should suspect injury was caused by wrongdoing

Question 7

Service of Process (4)

Answer 7

(1) Personal delivery
(2) Substituted service + mailing
(3) Mail
(4) Publication

Question 8

Requirements for complaint

Answer 8

(1) statement of facts (ultimate facts on each element of each cause of action)
(2) demand for judgment (except not punitive damages, personal injury, or wrongful death)

Question 9

General demurrer

Answer 9

Raises issues with SMJ or failure to state a claim

Question 10

Special demurrer

Answer 10

Raises issues with pleading including, misjoinder, uncertain peadings, etc.

Question 11

Motion for judgment on pleadings

Answer 11

Same as general demurrer but can be filed after answer

Question 12

Motion to quash service of summons

Answer 12

Objection to personal jurisdiction, process, or service of process; must be served ASAP (before or w/ demurrer, answer, or motion to strike) or waived

Question 13

Anti-Slapp Motion standard

Answer 13

(1) D makes showing cause of action arises from 1A protected activity
(2) P shows probability of prevailing on merits

Question 14

Answer

Answer 14

Filed w/i 30 days. Can be general or specific denials

Question 15

Requirements for Doe amendments (4)

Answer 15

(1) Original complaint timely filed and contains allegations against all Ds
(2) Plaintiff was genuinely ignorant of name of fictitious D
(3) Plaintiff’s ignorance pleaded in complaint
(4) No more than 3 years since filing

Question 16

Counterclaims and crossclaims in California

Answer 16

Cross complaints

Question 17

Standard for discoverable information

Answer 17

Relevant to the subject matter involved in the pending action

Question 18

Right to privacy

Answer 18

Court balances need to discovery against right to privacy, considering whether (1) legitimate privacy interest, (2) reasonable expectation of privacy, (3) suffered serious invasion of privacy

Question 19

SJ timing

Answer 19

60 days after general appearance of non-moving party and at least 75 days before hearing

Question 20

Number of jurors for verdict

Answer 20

Three-quarters

Question 21

Grounds for relief from judgment

Answer 21

Mistake, inadvertence, surprise or excusable neglect. Must be within six months. Must grant if accompanied by atty affidavit

Question 22

Interlocutory orders as of right (6)

Answer 22

(1) Grant of motion to quash service of summons
(2) Granting FNC motion
(3) Granting new trial
(4) Denying JNOV
(5) Granting or denying an injunction
(6) sanctions > $5,000

Question 23

Res Judicata (4)

Answer 23

(1) valid final judgment on merits (once appeals over and doesn’t count if jx, venue, indispensable parties, or SoL)
(2) same claimant against same D
(3) same cause of action or claim (primary rights doctrine)
(4) actually litigated or could have been litigated

Question 24

Collateral estoppel

Answer 24

(1) final judgment
(2) actually litigated and determined
(3) essential to judgment
(4) identical issue
(5) party against whom issue will be precluded is same or in privity
(6) (if non-mutual), consider fairness for use.

Question 25

General apperance

Answer 25

A D makes a general appearance with the filing of a demurrer, answer, or motion to strike

Question 26

Discovery limits

Answer 26

(1) no presumptive limits on depositions (only 1 in limited case, though)
(2) 35 interrogatories and requests for admission

Question 27

Work product

Answer 27

Only counts if generated by atty or atty’s agent (unlike in federal where it can be generated by party and representative of party)

Question 28

Involuntary dismissal

Answer 28

Discretionary if case not brought to trial w/i 2 years of filing;
Mandatory if (1) case not brought to trial w/i 5 years of filing or (2) process not served w/i 3 years of filing

Question 29

Mixed equity/law cases order

Answer 29

Equity by judge first; then law by jury

Question 30

Number of jurors

Answer 30

12 unless alternate agreement (8 in expedited trial)

Question 31

Prohibited peremptory classes (6)

Answer 31

race, COLOR, RELIGION, sex, NATIONAL ORIGIN, SEXUAL ORIENTATION

Question 32

Writ of mandate

Answer 32

Appellate court COMPELS lower court to do something

Question 33

Writ of prohibition

Answer 33

Appellate court STOPS lower court from doing something

Question 34

Standard for extraordinary writs (3)

Answer 34

(1) Irreparable harm without writ
(2) Normal route of appeal is inadequate
(3) Party seeking writ has beneficial interest in outcome