Adjudication

Question 1

Preliminary Injunctive RElief

Answer 1

As in Fed Court, party can seek TRO and prelim. injunctions

Question 2

Voluntary Dismissal

Answer 2

P can move to dismiss ANYTIME before trial starts

Up to court’s discretion whether dismissed with prejudice or not

Question 3

Involuntary Dismissal

Answer 3

All courts have authority to dismiss for failure to prosecute, abide by court rules, and for other reasons

CA courts have DISCRETION to dismiss if case has not been brought to trial (or D has not yet been served) within 2 years of FILING

Question 4

Mandatory Dismissal

Answer 4

CA, court MUTST DISMISS if (1) case is not brought to trial within 5 YEARS of filing; or (2) process is not served within 3 YEARS of filing

NO DISCRETION. MANDATORY.

NOTE: exclude time when proceedings were stayed or when it was impossible to serve process

Question 5

Default

Answer 5

if within 30 days of effective date of service D fails to respond, Default is entered (same as in Fed)

Can’t recover more than your complaint (same as in Fed)

Question 6

Default Judgment

Answer 6

D must be given notice of application for entry of default judgment

May be entered by clerk w/o judge’s involvement if: (1) D did not respond at all; (2) claim is on a K or judgment; (3) claim is for a sum certain in money; (4) D was not served by publication; and (5) P provides affidavit stating relevant facts

If fail any part of test, P must go to the court to enter default judgment. Court will hold hearing and has discretion to enter judgment

Question 7

D’s options upon entry of default

Answer 7

D may move to set aside default or default judgment and for leave to defend the case, based on MISTAKE, INADVERTANCE, SURPRISE, or EXCUSABLE NEGLECT

Question 8

Motion for Summary judgment

Answer 8

same standard as in federal court

Moving party must file and serve SEPARATE statement of facts she claims to be undisputed, with supporting evidence for each fact. If not, motion may be denied.

Opposing party may respond by indicating facts she believes to be in dispute and supporting evidence for that. if does not, may grant summary judgment

Moving party must serve all papers AT LEAST 75 DAYS before hearing on the motion. Opposition must file at least 14 DAYS before the hearing. Replies must be filed NO MORE THAN 5 DAYS before hearing

Question 9

Recovery Limits

Answer 9

Complaint does not limit how much P can recover, except in default judgment cases

NOTE: limited civil cases, no claimant can recover more than $25K

Question 10

Jury Trial

Answer 10

7th Amendment DOES NOT APPLY to state court, but CA constitution grants right to jury trial

Right to jury trial exists when the “gist” of the action is legal rather than equitable

DIFFERENCE: CA courts try facts on EQUITY first (fed court is opposite)

Question 11

Equitable cleanup doctrine

Answer 11

no jury trial right exists if the legal issues are merely INCIDENTAL the equitable issues

Question 12

Number of Jurors

Answer 12

in State court, there are 12 jurors in civl cases, unless agreed upon otherwise

if juror is excused for illness or other reason, alternate juror takes her place. if no alternate, trial continues unless if a party objects

Need 3/4 of the jurors to agree (in fed court it is unanimous)

Question 13

Demand for jury trial

Answer 13

party must “announce” her demand for jury (orally or in writing) at the time the case is first set for trial or within 5 DAYS after notice of the setting of trial

Question 14

Voir Dire

Answer 14

Each party has UNLIMITED challenges for cause 9same as in fed court)

Six Peremptory challenges (3 in fed court)

Peremptory challenges may not be used on the basis of race, color, religion, sex, national origin, sexual orientation, or similar grounds (much broader than Fed, which only prohibits race and sex)

Question 15

Motion for Directed Verdict

Answer 15

CA version of JMOL

Standard: reasonable people could not disagree as to the result

Move for this at the close of ALL evidence

Question 16

Motion for Nonsuit

Answer 16

Same as motion for directed verdict, when reasonable people could not disagree as to the result

Called nonsuit motion when D makes motion at the close of P’s evidence, not all evidence

Question 17

Motion for Judgment Notwithstanding the Verdict (JNOV)

Answer 17

CA version of RJMOL

Standard: reasonable people could NOT have reached this verdict

Must file NOTICE OF INTENTION to move either before entry of judgment or earlier of (1) 15 days of mailing or service of notice of entry of judgment, or (2) 180 days after entry of judgment

NOTE: No prereq to move for directed verdict to get JNOV

Question 18

Motion for New trial

Answer 18

Timing is same as JNOV

Same bases as fed court (judge convinced that parties should retry the case)

REMITTITUR AND ADDITUR ARE BOTH OKAY IN STATE COURT when damages “shock the conscience”

Question 19

Motion to set aside judgment

Answer 19

party may move to set aside judgment because of “mistake, inadvertence, surprise, or excusable neglect” or if service did not actually result in notice

Must be made within a REASONABLE TIME, not exceeding six months after entry of judgment

NOTE: if motion is accompanied by lawyer’s affidavit of own mistake, inadvertence, or neglect, court MUST set aside the judgment