Cal Civ Pro

Question 1

Classifications for courts in the Superior Court (CA)

Answer 1

Limited Civil Cases: $25k or less

Unlimited Civil Cases: More than $25k

Small Claims: Individual P, 10K and less; Business P, $5k or less

Question 2

What kind of jurisdiction does the Superior Court have? (CA)

Answer 2

General jurisdiction. It can hear most any case, other than certain federal cases arising in bankruptcy, securities laws, patent, etc.

Question 3

How do you determine the amount in controversy for purposes of classifying a case? (CA)

Answer 3

Consider the claims alone, and not costs.

Question 4

Can cases be reclassified if the amount in controversy was incorrectly determined? (CA)

Answer 4

Yes, and the applicable court will not lose SMJ.

The case will just be reclassified (i) automatically by the clerk of court if the amount in controversy changes or (ii) on motion of any party.

Question 5

Is court permitted to look beyond the pleadings to classify a case? (CA)

Answer 5

Yes, and the court must consider any judicial arbitration award that applies.

Question 6

Does the number of claims have an effect on how a case is classified? (CA)

Answer 6

No, the entire case is either limited or unlimited.

Question 7

Venue: two types of Actions (CA)

Answer 7

Local Action: A case relating to land: its recovery, determination of an interest, or recovery for an injury to land.

Transitory Action: Any case that is non-local

Question 8

What is the appropriate venue? (General) (CA)

Answer 8

Local Action: County where the land lies

Contract: Any county where the contract was entered into or was to be performed.

Personal Injury: Any county where injury occured

D is a corporation: Any county where the corporation (1) has PPB (2) entered into / must perform K (3) where breach occured/liability arises

D is an unincorporated: Any county (1) where the business has its PPB as filed with the state (2) where any member/partner resides

Question 9

What is approriate Venue, D specific (CA)

Answer 9

What is the appropriate venue where there are multiple Ds, and at least one CA resident? Venue must be proper with respect to the CA resident

What is the appropriate venue where all Ds are non-residents Plaintiff may select any county

Question 10

What is the appropriate venue when the case involves multiple claims? (CA)

Answer 10

The venue associated with the main relief sought.

Question 11

Venue: How is a case transferred? (CA)

Answer 11

If original venue was IMPROPER, D may move to transfer to proper venue in his Answer, Demurrer, or Motion to strike.

If original venue was PROPER, court may grant a motion to transfer if (i) reason to believe can’t have impartial trial, (ii) convenience of witnesses and promotes justice, (iii) no judge is qualified to act. Parties may agree on new venue, or judge will select if they cannot

Question 12

Venue: When is defendant required to move for a transfer of venue? (CA)

Answer 12

With or before his Answer, Demurrer, or Motion to Strike

Question 13

Venue: is a forum selection clause enforceable? (CA)

Answer 13

Yes, unless they identify a forum that is not permitted under the general rules

Question 14

What are the five methods of serving process? (CA)

Answer 14

(1) Personal
(2) Substituted Service
(3) Mail
(4) Business Delivery
(5) Service by publication - last resort

Question 15

Substituted Service (CA)

Answer 15

Must be made:
(1) at D’s usual abode
(2) left with a competent member of the house who is at least 18
(3) person must be informed of the contents
(4) process must also be mailed to the D

Question 16

What is required for service by mail? (CA)

Answer 16

(1) Copy of summons and complaint
(2) Two copies of acknowledgment
(3) Self-addressed stamped envelope for D to return

D has 20 days to return form, deemed complete when D executes the acknlowdgement / waiver

Question 17

What is required in the Complaint? (CA)

Answer 17

(1) Demand for judgment for the relief sought
(2) California follows fact pleading. There must be a statement of the “ultimate facts” constituting a cause of action, in ordinary and concise language. These must be included on EACH ELEMENT for EACH CAUSE of action.

CANNOT state damages figures in PI cases

CAN NEVER STATE punitive damages

Question 18

California Conflict of Law Rules

Answer 18

California conflict of laws rules are deemed substantive law under Erie. The following rules determine the appropriate substantive law for a federal court sitting in diversity to apply.

Tort actions: Where two state laws are in conflict, the court evalu ates the comparative impairment to each state’s interest in hav ing its own law applied.

Contract actions depend on whether there is a choice of law pro vision in the contract.

Contracts without a choice of law provision: comparative impairment to each state’s interest in having its own law applied.

Contracts with a choice of law provision
a. No conflict: The provision will be applied so long as it has a reasonable basis and does not conflict with California policies.

b. Conflict: If the choice of law provision conflicts with California policies, the California law will apply if California has a materially greater interest in having its law applied than the chosen state.

Question 19

General Demurrer

Answer 19

Cal.: General Demurrer (unlimited cases)
◆ Fail to state COA
◆ Lack of SMJ

Question 20

Special Demurrer

Answer 20

Cal.: Special Demurrer (unlimited cases)
◆ Uncertain pleading
◆ Liability theory unclear
◆ Lack of legal capacity
◆ Another case exists
◆ Misjoinder of parties
◆ Contract pleadings not okay
◆ Certificate if required

Question 21

Cal.: Motion to quash

Answer 21

◆ Lack of PJ
◆ Insufficient process
◆ Insufficient service of process

Question 22

Relation Back Doctrine under CA

Answer 22

CA allows suing of ‘Doe’ Defendants

Question 23

What is cross - claim? (CA)

Answer 23

California uses the term cross complaint for all third-party actions, such as counterclaims, cross claims, impleader,

Cross claim is an offensive claim against a co-party and must arise from the same transaction or occurrence. Cross claims are never compulsory. (This is called a cross complaint in California.)

Supplemental jurisdiction: An independent basis for subject matter jurisdiction is not required since supplemental jurisdic tion will extend to a cross claim.

Question 24

Intervention (CA)

Answer 24

California allows intervention if the potential intervener’s interest is direct and immediate, and does not allow interven tion if the interest is indirect and consequential.

Question 25

Interogetorries (CA)

Answer 25

California allows a maximum of 35 requests for admission, unless a court permits additional requests upon the filing of a Declaration of Additional Discovery identifying the special need.

Question 26

Request to inspect and produce (CA)

Answer 26

California allows for a party to make requests to inspect and produce on another party, but not for a nonparty. However, the same result could be accomplished by taking the nonpar ty’s deposition and serving a subpoena duces tecum.

Question 27

Request for physical or mental examination of a party (CA)

Answer 27

California allows the defendant to have one physical exam of the plaintiff as a right when the plaintiff’s physical condition is at issue.

Other physical or mental examinations require leave of the court.

The attorney for the party being examined can attend the physical exam.

Question 28

Califirnoa limited cased (discovery limitations)

Answer 28

California limited cases have limited discovery and only allow each party a 35 maximum total for all interrogatories, inspection demands, and requests combined.