1) Jurisdiction + Venue: CA Flashcards
SMJ: rule
cases sorted by amount in controversy
SMJ: kinds of cases
1) SC
2) limited
3) unlimited
SMJ: SC: rule
amt in controversy DNE $10k if brought by individual, or $5k if brought by business or other entity
SMJ: SC: annual limit
no person can file more than 2 SC cases in which amt demanded exceeds $2,500 in any calendar year
SMJ: limited: where
can sometimes be brought in SC division
SMJ: limited: rule
value of the property in controversy = $25k or less
SMJ: limited: remedies
1) court dn have power to award damages over $25k
2) no injunctions or entitlements to real property
SMJ: limited: dy
1 depo, 35 irogs or doc rqs
SMJ: limited: advantages
1) lower costs
2) faster
SMJ: reclassification: easier to
move up (limited to unlimited)
SMJ: reclassification: reclassify upward rule
can reclassify as unlimited when reasonable possibility that amt in controversy will exceed 25k
SMJ: reclassification: reclassify downward rule
can reclassify downward as limited when: 25k or more is virtually unobtainable (MOLish)
SMJ: aggregation: 1 P, 1 D, multiple COAs
aggregate value of all claims determines j
SMJ: aggregation: multiple Ps and single D
aggregate value of all claims determines j
SMJ: aggregation: single P sues single D for more than $25k, and sues another D for less
case qualifies for unlimited
SMJ: if no smj, result?
usu not dismissed, instead transferred to appropriate court (can do mxn transfer)
PJ: CA: overlap w fed + statute
very similar
CA’s statute “full extent of DPC”
PJ: 3 kinds
1) in personam
2) in rem
3) quasi in rem
PJ: in personam: subcategories
1) traditional ways +
2) long arm statutes
PJ: in personam: traditional: ways
1) domicile
2) personal service
3) consent
PJ: in personam: traditional: domicile (Def)
ppl: residence in CA
companies: hq or registered
PJ: in personam: traditional: consent: ways
1) mistaken appearance
2) deliberate appearance (like consent)
3) contract
nothing about contacts!
PJ: in personam: traditional: consent: ways: mistaken appearance (def)
appearsw/o challenging PJ
PJ: long arm statutes: ways:
1) general
2) specific
PJ: long arm statutes: general: rule
CA courts have gen j over D “essentially at home” in the state
PJ: long arm statutes: specific j: rule
court only has j. over claims related to CONTACTS D has had w the state
PJ: long arm statutes: specific j: contacts must be
1) purposeful
2) give rise to the lawsuit
3) j. is consistent w traditional notions of fair play + substantial justice
PJ: long arm statutes: specific j: minimum contacts def:
travels into state
sends products into the state
maintains an office in the state
(or could be other stuff)
PJ: long arm statutes: specific j: minimum contacts: internet: rule
can have conduct over the internet, but must have intentionally conducted business in CA
PJ: in rem j: def
gives court pj over property in CA
results in no personal liability/obligation on a person, just the interests of all ppl in the property
PJ: quasi in rem j: def
used to executed judgments (attaching a lien)
PJ: quasi in rem: j over ppl?
No! dn etablish pj over property owner
BUT, if someone enters the suit to defend interest int he property, that person is subject ot pj
SMJ: how to challenge
demurrer
PJ: how to challenge
mxn to quash
SMJ/PJ: how to challenge
must do SPECIAL APPEARANCE (if do regular appearance or file answeryou’re conceding j).
PJ: how to challenge: what if file demurrer
court can get pj! (consent by mistaken appearance)
venue: improper joinder
can’t get venue solely by joining an improper party (suing someone you dnn to sue)
venue: kinds
1) local
2) transitory
3) mixed
venue: local (def + rule)
def: actions that involve real property or community property
rule: file where the property is located
venue: transitory; def + rule
def: actions that could occur in any location (Nonproperty issues at stake)
rule: venue is usu proper where D located
venue: mixed actions: def + rule
def: combo of local + transitory
rule: court balances to determine real nature of claim and assigns venue based on that
venue: special cases: personal injury
EITHER
1) county where any D lives
2) county where COA arose
venue: special cases: wrongful death
EITHER
1) county where any D lives
2) county where COA arose
venue: special cases: child support enforcement
county where child resides
venue: specila cases: actions on a k
county:
where D lives OR
where k is to be performed OR
where k entered into
transferring venue: how
mxn transfer
transferring venue: rule
court can change place of trial on mxn in these cases:
1) venue is wrong (rules above)
2) impartial trial can’t be held
3) no qualified judge
4) convenience (parties, wits, evidence)
forum non conveniens: rule
court can dismiss action if more convenient forum exists outside CA (even if CA has j!)
(can be outside states)
forum nonconveniens: test
convenience (parties, wits, evidence)
balance interests of each state and party: (kinds)
forum nonconveniens: result
court can
1) stay action in CA OR
2) dismiss
highly discretionary
prereq for dismissal: suitable forum exists + will provide valid judgment
forum nonconveniens: test: kinds of interests
1) public factors
2) private factors
forum nonconveniens: test: public factors: def
interests of state
court congestion, obligations on unrelated jurors
amount of local interest
court familiarity w the law
forum nonconveniens: test: private factors: Def
interests of parties
ease of access to proof
availability of wits
distance from property at issue
choice of law: def
whose law applies?
choice of law: k
if k includes choice of law provision courts will enforce
choice of law: general: test
impairment of gvt interests approach
1) is there a true conflict? (of the laws)
2) if yes, comparative impairment–which state’s interests would be more impaired if the other state’s laws were applied
