Adjudication without Trial

Question 1

Voluntary Dismissal Distinction

Answer 1

FED: No leave of court if before D files answer or MSJ

CA: P can dismiss anytime before trial = any dispositive pretrial proceeding

Question 2

Involuntary Dismissal Distinction

Answer 2

FED: discretion to dismiss for failure to prosecute
CA: discretion if not brought to trial within 2 years; 5 years mandatory (fast track imposes shorter deadlines)

Question 2

Default Judgment by Clerk

Answer 2

CA also requires that D could not be served by publication and that P gives affidavit supporting the requirements

Question 3

Motion for Summary Judgment

Answer 3

Required Materials: includes statement of undisputed facts
–> must respond by indicating facts he believes are in dispute + supporting evidence

Timing: All papers served at least 75 days before hearing on motion withi opposition due 14 days before hearing and reply 5 days

Question 4

Motion for Partial Summary Judgment

Answer 4

CA calls it motion for summary adjudication