CA Civil Procedure

Question 1

Subject Matter Jdx

Answer 1

(for Superior Courts) Small Claims:

• AIC is $10,000 or less for individuals
• AIC Is $5,000 or less for all other parties

Limited: AIC is $25,000 or less

Unlimited: AIC is more than $25,000

Question 2

Reclassification

Answer 2

Superior Ct will automatically reclassify cases when:

(i) ∏ amends complaint above or below $25,000
(ii) ∆ makes cross-complaint that increases AIC above $25,000

If original case reclassified, Superior Ct keeps jdx but may reclassify if cases will “necessarily” be below $25,000 or “might” be above $25,000

Question 3

In Personam Jdx

Answer 3

• Service while in state (even for legal proceedings)
• Consent
• CA long-arm statute: must comply with Due Process

Question 4

In Rem Jdx

Answer 4

Due Process also applies

Question 5

Venue

Answer 5

Superior Ct of appropriate county:

• Where property located
• Where any ∆ resides at any time action begins
• If no ∆ resides in CA, any county
• Where contract was executed or performed
• Where injury occurred
• Business Associations:
  
  • (i) where contract was executed
  • (ii) where contract was to be performed
  • (iii) where breach arose
  • (iv) principal place of business

Question 6

Transfer

Answer 6

• Trial will not be impartial
• Convenience of witnesses or interests of justice
• No judge qualified to act

Question 7

Forum Non Conveniens

Answer 7

• In the interest of substantial justice
• If court in another state or country is more convenient

Question 8

Choice of Law

Answer 8

Tort: comparative impairment of each state’s laws if other law is applied

Contract: choice of law so long as state law substantially relates to party or transaction; otherwise comparative impairment

Question 9

Service

Answer 9

• Must make reasonable diligence to serve *in person*
• ELSE: substituted service on responsible adult at ∆’s home or place of business, then follow-up with first-class mailing/return receipt
• ELSE: publication Out-of-state ∆s always served by first-class mailing/return receipt

Waiver of service does not extend time to respond

Challenge personal jdx by Motion to Quash Service of Summons before any responsive pleading

Question 10

Pleading

Answer 10

Fact Pleading:

• (i) Allege all material facts
• (ii) Demand judgment for relief requested in precise dollar amount (unless personal injury/wrongful death)

Question 11

General Demurrer

Answer 11

Challenges:

• court’s SMJ
• insufficient facts to constitute a cause of action

Question 12

Special Demurrer

Answer 12

• Lack of legal capacity
• Similar action pending in another court
• Problem with joinder
• Pleading is unclear
• Failure to state whether K was oral or written

Question 13

Motion to Strike

Answer 13

• Must be filed within 30 days of pleading being challenged
• Can strike irrelevant, false, or improper matter
• Can strike any part of pleading that conflicts with CA law or court order

Question 14

Anti-SLAPP

Answer 14

Motion if ∆ shows ∏’s cause of action arises from ∆’s exercise of 1st Amdt rights

Question 15

Answer

Answer 15

Within 30 days of service

Contains general denials or specific denials

Question 16

Cross-Complaint

Answer 16

• Counterclaims, cross-claims, and impleader all must be in separate cross-complaint
• Compulsory if relates to ∏’s cause of action (file or waive)
• Permissive if unrelated to ∏’s cause of action
• ∏ must file separate answer, not reply

Question 17

Amendments

Answer 17

• Once as a matter of right, before ∆ files answer or demurrer
• By leave of court after sustaining demurrer or granting motion to strike
• By leave of court at any time

Question 18

Relation Back

Answer 18

(i) Concerns same accident and injuries as original pleading
(ii) Refers to same offending instrumentality

Question 19

Doe-∆ (amendment to add ∆)

Answer 19

Can name-correct or name “Doe-∆” through service:

• (i) within 3 years
• (ii) if original complaint was timely and set forth sufficient factual allegations against all ∆s
• (iii) ∏ genuinely did not know ∆’s name or facts giving rise to cause of action, or that law allowed course of action
• (iv) complaint stated ∏’s ignorance

Question 20

Sanctions

Answer 20

Generally the same as Rule 11, but:

• Court must determine whether party seeking sanctions exercised due diligence
• 21-day grace period for correcting offending content or material
• Courts can sanction for bringing motion for improper purpose

Question 21

Joinder of Parties

Answer 21

Permissive:

• (i) Parties have adverse claims or defenses
• (ii) Causes of action arise from same transaction or occurrence and there is common question of law or fact

Question 22

Intervention (of non-parties)

Answer 22

Allowed if court finds non-party’s interest is “direct and immediate”

Question 23

Joinder of Claims

Answer 23

• When many ∆s have been joined, must be at least one question of law or fact common to all ∆s
• Court can sever claims to prevent undue delay or prejudice

Question 24

Class Actions

Answer 24

• Numerosity (impracticable to bring them all before court)
• Question of common interest to many persons
• Ascertainable class
• “Community of Interest” among members:
  
  • Common questions of law or fact predominate
  • Class action will benefit parties and court
  • Named representative will adequately represent the class

Binds any class member who does not opt out

Denial of cert if immediately appealable

Question 25

Pretrial Procedures

Answer 25

No mandatory disclosures

Question 26

Electronic Information

Answer 26

Treated the same as documents and things

Question 27

Scope of Discovery

Answer 27

Any material "relevant to the subject matter" in litigation

Question 28

Privileges (non-discoverable)

Answer 28

Right to privacy (balancing test) All parties must justify claims of privilege, providing sufficient facts to evaluate merits of claim Attorney work-product

Question 29

Experts

Answer 29

Must be available for deposition

Question 30

Supplementation

Answer 30

No requirement to supplement prior discovery, but opponent can use ordinary discovery devices to obtain material

Question 31

Discovery Conference

Answer 31

No official requirement Within **180 days** of complaint, court must hold case management conference to review all aspects of case Fast-track system for speedy disposition

Question 32

Depositions

Answer 32

Notice of at least 20 days No limit, one day of 7 hours

Question 33

Interrogatories

Answer 33

Unlimited "Judicial Council" form interrogatories 35 individually crafted, unless good cause is shown

Question 34

Physical/Mental Exams

Answer 34

Attorney must be allowed to attend Must occur within 75 miles of person's home

Question 35

Requests for Admission

Answer 35

35 requests, unless good cause shown

Question 36

Motion to Compel

Answer 36

Filed in response to incomplete/evasive discovery requests, but party must first have made good faith effort to informally resolve

Question 37

Discovery Sanctions

Answer 37

Initial misuse of discovery must result in monetary sanctions Further abuse will result in ever-increasing sanctions at court's discretion

Question 38

Voluntary Dismissal

Answer 38

With prejudice unless parties agree or good cause shown

Question 39

Involuntary Dismissal

Answer 39

Failure to "diligently prosecute" complaint May dismiss within **2 years** of complaint filing Must dismiss within **3 years** if complaint never served Must dismiss within **5 years** if complaint is served

Question 40

Summary Judgment

Answer 40

Moving party: * Must show "no meritorious cause of action or defense" * Must file separate statement listing disputed facts with supporting evidence for each claim * Can rely on pleadings, discovery materials, affidavits, or any other supporting evidence Burden-shifting to other party to show triable factual issue Timing: * **60 days** after opponent makes general appearance * All papers **75 days** before hearing * Opposition papers **14 days** before hearing * Reply papers **5 days** before hearing * Can be reviewed by writ of mandamus

Question 41

Jury Trial

Answer 41

Party must demand jury when case is first set for trial Must be **12** jurors, unless parties agree to less, but trial can proceed if juror dismissed for good cause (unless party objects) Need **3/4** maj.

Question 42

JMOL equivalent

Answer 42

Motion for Nonsuit

Question 43

JNOV

Answer 43

Does not require prior motion for directed verdict

Question 44

Motion for New Trial

Answer 44

Rarely granted Remittitur and additur allowed, must be accepted within **30 days** or there is automatic new trial

Question 45

Relief from Judgment

Answer 45

Trial court required to grant if attorney's mistake or negligence resulted in default judgment or dismissal

Question 46

Appeals

Answer 46

CA Ct of Appeals, then CA Supreme Ct Final judgment when court enter judgment against one party and leaves no further issue for decision as to that party

Question 47

Interlocutory Orders

Answer 47

Additional exceptions: * Made after appealable judgment * Granting motion based on forum non conveniens or motion to quash service of summons * Granting new trial or denying JNOV * Imposing sanctions of more than $5,000

Question 48

Collateral-Order Rule

Answer 48

Party may immediately appeal dispositive interlocutory order on issue collateral to the merits that directs payment of money or performance of act

Question 49

Claim Preclusion

Answer 49

CA considers final judgment when appeal concludes or time for appeal expires "Primary rights" doctrine (one suit involves one harm and one form of redress)

Question 50

Issue Preclusion

Answer 50

CA gives default and consent judgments preclusive effect as to material issues actually raised in the pleadings