Civil Procedure

Question 1

What is the general subject matter jurisdiction of the California Superior Court?

Answer 1

The California Superior Court has general subject matter jurisdiction over all civil matters as long as another court or tribunal does not have exclusive jurisdiction.

Question 2

What defines a Limited Civil Case in California?

Answer 2

In California, a Limited Civil Case involves an amount of money of $25,000 or less, with restrictions on claims for declaratory relief, equitable claims, and ancillary relief.

Question 3

What defines an Unlimited Civil Case in California?

Answer 3

In California, an Unlimited Civil Case involves an amount of money over $25,000, and includes disputes that do not involve money, such as cases to resolve title to real property, civil restraining orders, and name changes.

Question 4

What is a Small Claims Case in California?

Answer 4

In California, a Small Claims Case is filed in small claims court for $10,000 or less, or $5,000 if the plaintiff is a business (except for a sole proprietor).

Question 5

What is the subject matter jurisdiction of federal courts?

Answer 5

A federal court can only hear cases where it has subject matter jurisdiction, which can be based on:

1. federal question,
2. diversity of citizenship, or
3. supplemental jurisdiction.

Question 6

What is Federal Question Jurisdiction?

Answer 6

Federal Question Jurisdiction exists when a claim that arises under federal law or the Constitution, appears on the face of a well-pleaded complaint.

Question 7

What is required for Diversity of Citizenship Jurisdiction?

Answer 7

Diversity of Citizenship Jurisdiction requires:

1. complete diversity between all plaintiffs and defendants and
2. an amount in controversy exceeding $75,000.

Question 8

How is a party’s citizenship determined? And specifically for a person?

Answer 8

A party’s citizenship is determined by their domicile.

For a person, their domicile is where they reside with the intent to remain indefinitely.

Question 9

What is Alienage Diversity Jurisdiction?

Answer 9

Alienage Diversity Jurisdiction exists in actions between aliens and citizens of a State, or between citizens of different States with aliens as additional parties, with an amount in controversy exceeding $75,000.

Question 10

What is Foreign State Diversity Jurisdiction?

Answer 10

Diversity jurisdiction exists between a Foreign State as plaintiff and citizens of a State or different States, with an amount in controversy exceeding $75,000.

Question 11

What is Supplemental Jurisdiction?

Answer 11

Supplemental jurisdiction allows a federal court with original jurisdiction over some claims to hear additional state court claims arising from the same case or controversy.

Question 12

What are the requirements for Removal to Federal Court?

Answer 12

A defendant may remove a case to federal court if the federal court has subject matter jurisdiction, all defendants agree, no defendant is a resident of the forum state, and removal is sought within 30 days.

Question 13

What is required for Remand from Federal Court to State Court?

Answer 13

A federal court must remand a case to state court if there is no federal subject matter jurisdiction and may remand after federal claims have been decided.

Question 14

What determines proper venue in federal court?

Answer 14

Venue is proper in any district where any defendant resides, where a substantial portion of the claim occurred, or where property is located.

Question 15

What is the difference between local and transitory actions in California?

Answer 15

A local action involves real property and is proper in the county where the property is located, while a transitory action is generally proper in any county where any defendant resides.

Question 16

How is the residence of a corporation determined for venue purposes?

Answer 16

A corporation’s residence includes all districts where it is subject to personal jurisdiction.

Question 17

What are the traditional bases for personal jurisdiction?

Answer 17

The traditional bases for asserting personal jurisdiction include domicile, transient jurisdiction, consent, or waiver.

Question 18

What is required for Long-Arm Jurisdiction?

Answer 18

Long-Arm Jurisdiction requires a long arm statute and that the defendant has sufficient minimum contacts with the forum state.

Question 19

What constitutes sufficient minimum contacts for personal jurisdiction?

Answer 19

Sufficient minimum contacts exist when either general jurisdiction or specific jurisdiction is present, based on the defendant’s purposeful availment of the forum state’s benefits.

Question 20

What is the fairness requirement in personal jurisdiction?

Answer 20

Even if minimum contacts are established, it must be fair and reasonable for the defendant to be sued in the forum state.

Question 21

What is Prong 2 in the context of Fair Play and Substantial Justice?

Answer 21

Even if the minimum contacts test is met, it must be fair and reasonable for the defendant to be sued in the forum state.

Question 22

Who bears the burden of proving unreasonableness in defending in the forum state?

Answer 22

The burden is on the defendant to show that it would be unreasonable to defend himself in the forum state.

Question 23

What factors does the court consider regarding fairness in personal jurisdiction?

Answer 23

The court considers the burden on the defendant, the state’s interest, the plaintiff’s interest, and the interests of the judicial system.

Question 24

What is required for a court to have personal jurisdiction over a defendant in California?

Answer 24

The defendant must be given adequate notice that meets California statutory provisions for service.

Question 25

Who can serve process in California?

Answer 25

Any person who is at least 18 years old and not a party to the action can serve process.

Question 26

What is the time frame for serving the Summons & Complaint in California?

Answer 26

The plaintiff generally must serve the Summons & Complaint within 60 days after filing the Complaint.

Question 27

What happens if the Complaint is amended to add a defendant?

Answer 27

The added defendant must be served within 30 days after the filing of the Amended Complaint.

Question 28

Can the court modify the time for service in California?

Answer 28

Yes, the court may extend or modify the time for service on its own motion or upon a party's application.

Question 29

What is required for proof of service in California?

Answer 29

Proof of service must be filed within 60 days after the filing of the Complaint.

Question 30

What methods of service are allowed under California law?

Answer 30

Methods include personal delivery, substituted service, acknowledgment and receipt, mail (for out-of-state defendants), or publication.

Question 31

What is substituted service in California?

Answer 31

Substituted service involves leaving papers with a competent person at the defendant’s location and mailing a copy thereafter.

Question 32

What is required for service by acknowledgment and receipt?

Answer 32

It requires mailing the papers with an acknowledgment form and a self-addressed stamped return envelope.

Question 33

What is the time frame for service by mail for out-of-state defendants?

Answer 33

Service by mail requires sending a copy of the Summons and Complaint with a return receipt.

Question 34

Under what conditions can publication be used for service in California?

Answer 34

Publication is allowed if the defendant cannot be served by other means and a cause of action exists against them.

Question 35

What is the time frame for serving the Summons and Complaint in federal court?

Answer 35

The Summons and Complaint must be served within 90 days of filing the Complaint.

Question 36

What happens if the Summons and Complaint are not served within 90 days in federal court?

Answer 36

The court must either dismiss the action without prejudice or order that service be made within a specified time.

Question 37

What is the Erie doctrine?

Answer 37

The Erie doctrine applies when a federal case is brought under diversity jurisdiction, requiring federal procedural laws and state substantive law.

Question 38

What are the two types of counterclaims?

Answer 38

Compulsory and permissive counterclaims.

Question 39

What is a compulsory counterclaim?

Answer 39

A compulsory counterclaim must be stated in the party's pleading or be barred from future litigation.

Question 40

What is the relation back doctrine in amending pleadings?

Answer 40

An amendment relates back if it arises from the same conduct as the original pleading or if allowed by statute.

Question 41

What is the well-pleaded complaint rule?

Answer 41

A complaint must contain sufficient factual matter to state a claim that is plausible on its face.

Question 42

What is the notice pleading system?

Answer 42

Federal courts use a notice pleading system where a complaint must state grounds for jurisdiction, the claim, and a demand for relief.

Question 43

What is compulsory joinder of parties?

Answer 43

A party must be joined if they are necessary and joinder is feasible.

Question 44

What is the scope of discoverable information in federal court?

Answer 44

Parties may obtain discovery of all non-privileged information relevant to any claim or defense and proportional to the needs of the case.

Question 45

What are the requirements for compelled physical examinations in California?

Answer 45

A defendant may demand one physical examination of the plaintiff if it is not painful or intrusive and within 75 miles of the plaintiff's residence.

Question 46

What is a document subpoena to a non-party?

Answer 46

A non-party may respond to a subpoena duces tecum with a motion to quash or a written objection.

Question 47

What are the rules for party depositions?

Answer 47

A party may conduct up to 10 depositions without leave of court, limited to one day of no more than 7 hours.

Question 48

How many depositions is a party permitted to conduct?

Answer 48

A party is permitted to conduct up to 10 depositions.

Question 49

What are the conditions for conducting a deposition?

Answer 49

A deposition must be limited to one day of no more than 7 hours and proper notice must be given.

Question 50

What is required for notice to depose a person by oral questions?

Answer 50

A party must give reasonable written notice to every party to the action.

Question 51

What is required to depose a non-party?

Answer 51

The non-party must be served with a subpoena, and only non-parties within 100 miles of the courthouse may be subpoenaed.

Question 52

What are interrogatories in federal court?

Answer 52

Interrogatories are written questions directed to a party, who must answer them in writing and under oath.

Question 53

What is the scope of interrogatories?

Answer 53

An interrogatory may relate to any discoverable matter and is not objectionable for asking for an opinion or contention related to fact.

Question 54

What is the limit on the number of interrogatories a party can serve?

Answer 54

Each party is allowed to serve 25 interrogatories upon any other party, including all subparts.

Question 55

When can interrogatories be served?

Answer 55

Interrogatories cannot be served prior to the Initial Conference of the parties under Rule 26(f) unless leave of court is obtained.

Question 56

What is the time frame for responding to interrogatories?

Answer 56

The responding party must serve its answers and any objections within 30 days after being served with the interrogatories.

Question 57

How must each interrogatory be answered?

Answer 57

Each interrogatory must be answered separately and fully in writing under oath.

Question 58

What must be included in objections to interrogatories?

Answer 58

Each objection must be stated with specificity; any ground not stated in a timely objection is waived.

Question 59

Who must answer interrogatories?

Answer 59

Interrogatories must be answered by the party directed to or any officer or agent if that party is a corporation, partnership, association, or governmental agency.

Question 60

What is required for the signature on interrogatory answers?

Answer 60

The person who makes the answers must sign them, and the attorney who objects must sign any objections.

Question 61

What can be done instead of answering an interrogatory?

Answer 61

The responding party may specify relevant business records if the answer can be ascertained from those records.

Question 62

What is required for expert testimony disclosure?

Answer 62

A party must disclose the identity of any expert witness and provide a written report of the expected testimony signed by the expert.

Question 63

What must the written report of a testifying expert contain?

Answer 63

The report must contain a complete statement of the expert’s opinions, the basis for the opinion, underlying facts/data, qualifications, compensation, and a list of other cases the expert testified in the past 4 years.

Question 64

When must expert disclosures be made?

Answer 64

Disclosures must be made at least 90 days before trial or at times directed by the court.

Question 65

What is the rule for deposing an expert witness?

Answer 65

A party is allowed to depose an expert witness without leave of court after the report is provided.

Question 66

What is required for retained or specially employed non-testifying experts?

Answer 66

Discovery is allowed only upon a showing of exceptional circumstances.

Question 67

What must be provided in initial disclosures in federal court?

Answer 67

Initial disclosures must include contact information of individuals with discoverable information, documents to support claims, computation of damages, and any insurance agreements.

Question 68

When must initial disclosures be made?

Answer 68

Initial disclosures must be made within 14 days after the Rule 26(f) conference.

Question 69

What must a party do when withholding information by claiming privilege?

Answer 69

The party must expressly make the claim and describe the item or information sufficiently to assess the privilege.

Question 70

What happens if privilege is not asserted properly?

Answer 70

Failure to assert privilege properly may subject the party to sanctions or waive the privilege.

Question 71

What is required for a motion to compel disclosure or discovery?

Answer 71

The motion must be on notice to all other parties and include a certification of good faith conferral.

Question 72

What can a party do if another party fails to make a required disclosure?

Answer 72

The party may move to compel the disclosure and for appropriate sanctions.

Question 73

What is a Motion for Judgment as a Matter of Law (JMOL)?

Answer 73

A JMOL may be made at any time before the case is submitted to the jury and must specify the judgment sought.

Question 74

What must be shown for a JMOL to be granted?

Answer 74

The non-moving party must have been fully heard on an issue, and the court must find that a reasonable jury would not have a legally sufficient basis to rule in favor of the non-moving party.

Question 75

What is the final judgment rule in federal court?

Answer 75

A party may only appeal from a final judgment or decision that ends the entire litigation on the merits.

Question 76

What is an interlocutory appeal?

Answer 76

An interlocutory appeal is an appeal of a ruling by a trial court made before all claims are resolved.

Question 77

What are the elements of claim preclusion (res judicata)?

Answer 77

Claim preclusion has four elements: identical parties, judgment by a competent court, final judgment on the merits, and the same claim involved.

Question 78

What are the elements of issue preclusion (collateral estoppel)?

Answer 78

Issue preclusion requires a valid judgment, identical issues, actual litigation, and the party against whom enforcement is sought had a full opportunity to litigate.

Question 79

What is Issue Preclusion (Collateral Estoppel)?

Answer 79

Issue Preclusion precludes a party from retrying an issue if there has been a final judgment on the merits by a court of competent jurisdiction.

Question 80

What are the requirements for invoking Issue Preclusion?

Answer 80

Issue Preclusion may be invoked if: (1) a valid and final judgment was rendered in the first action; (2) the issue is identical to the issue decided in the prior action; (3) the issue was actually litigated, determined, and essential in the prior action; AND (4) the party against whom enforcement is sought had a full and fair opportunity to litigate the issue in the first action.

Question 81

Can a non-party to a prior action assert Issue Preclusion?

Answer 81

Yes, a non-party to a prior action may assert issue preclusion if the four-part test is satisfied.

Question 82

What is the Choice of Law principle in real property cases?

Answer 82

In cases involving the title to real property or a contract for the sale of real property, the laws of the state where the real property is located will generally govern.

Question 83

What is the situs rule?

Answer 83

The situs rule states that states have a strong interest in actions that affect real property located within their state.