CA Civ Pro

Question 1

How are cases classified in CA courts?

Answer 1

One Superior Court in each CA county with SMJ over three classification of cases:

1) Small claims = individual $10K or less, other parties $5k or less
2) Limited = Amount in controversy is $25K or less (P + D)
3) Unlimited = amount in controversy is more than $25K (P + D)

Question 2

When is a case automatically reclassified?

Answer 2

1) Plaintiff amends the complaint and changes the amount to above or below $25K.

2) Cross complaint increase the amount the entire case to above $25K

*Court will reclassify from unlimited to limited if the verdict will necessarily be $25k or less.

**Court will reclassify from limited to unlimited if the verdict might be above $25K.

Question 3

How do you determine in personam JX in CA?

Answer 3

Apply CA’s long-arm statute: CA court can bring an out of state defendant to CA court as long as that complies with due process.

Question 4

What is the due process two part test?

Answer 4

1) Does the defendant have minimum contacts with CA? Did the D purposfully avail themselves of CA in a substantial way that she should anticipate being sued here?

2)Would exercising jurisdiction offend fair play and substantial justice.

applies to in rem, quasi in rem, or attachment.
** you can waive PJ
** CA does not follow the majority rule that nonresident defendants are immune from personal JX if they come to temporarily to participate in a judicial proceeding.

Question 5

Where is venue located for real estate actions?

Answer 5

County where property is located.

Question 6

Where is venue for “transitory” actions?

Answer 6

In the county where any defendant resides when the action commences. If none reside in CA, then any county.

Question 7

Which two transitory actions have unique rules?

Answer 7

1) Contract: where the contract was executed or performed

2) Personal injury or wrongful death: where the injury occured

Question 8

Where do you sue if instituted in more than one venue?

Answer 8

Basic rule is to pick a county where one defendant resides, unless there is a compelling reason to hold trial elsewhere.

Question 9

Where is the venue for corporations, associations, partnerships?

Answer 9

-where the business executed or promised to perform a contract;
-where breach of contract happened; or
-where liability arose.

OR

-venue agains a corporation is permissible where it has it principal place of business.

Question 10

When is transfer of venue allowed?

Answer 10

If P sues in wrong county court.

Court may transfer if it concludes:
-a fair trial can’t be held in that cout
-more convenient for witnesses and fairer to move, or
-no judge on superior court is qualified to act (all had to recuse)

Question 11

What is forum non conveniens

Answer 11

Allows a court to dismiss an action in the interest of substantial justice if a court in another state is more convenient. (or nation)

Question 12

What is CA choice of law for torts?

Answer 12

Where more than 1 state had an interest in applying its laws, the court must determine the comparative impairment of each state’s law if the other state’s laws are applied.

Question 13

What is CA choice of Law rules contracts?

Answer 13

If there is a choice of law clause, court determines whether the law substantially relates to the parties or transaction:
- if not unenforceable
- if enforceable, then decides whether the chosen law conflicts with CA public policy
-if conflicts, determines whether CA or the chosen state has a greater interest in the issue.

If there is no choice of law clause (or its unenforceable) court applies a comparative government interest test - just as in Tort law.

Question 14

What are key points about CA service of process?

Answer 14

If despite reasonable diligence the plaintiff cannot serve the defendant in person, then substituted service is permitted by:
- serving a responsible adult at defendant’s home or place of business
- plaintiff must follow up with a first-class mailing with return receipt.
-if normal in person service or substituted service is unachavieble, service by publication is allowed.
- if defendant is out-of-state D, P can do ordinary service or service by first-class mail with return receipt.

Question 15

Can D waive service?

Answer 15

Yes. but unlike Fed Civ, it does not extend deadline to respond.

Question 16

What must go in a CA complaint?

Answer 16

-must allege material facts that give rise to each cause of action and demand for judgment.
-exact dollar amount of damage must be included (except wrongful deaths, and personal injury)

Question 17

What are three motions against a complaint?

Answer 17

1)Demurrer
2)motion to quash service of summons
3)motion to strike

Question 18

What is a demurrer?

Answer 18

Challenge to any cause of action or jurisidction (like fed 12(b)(6))

General:
- based on a challenge to court’s SMJ
- P has not set forth sufficient facts to establish a cause of action

Special:
-D lacks capacity
-similiar action pending in other court
- problem with joinder
- pleading is unclear

*Party seeking to file demurer must first confer with other party to try and resolve problem.

Question 19

What is a motion to Quash Service of Summons?

Answer 19

• challenge personal JX,
• made before filing any other responsive pleading
  -If D objects to PJ in an answer rather than motion to quash then D has made a general appearance and waived PJ objection (dif from Fed Civ)

Question 20

What is a motion to strike?

Answer 20

Can strike:
-irrelevant, false, or improper matter; or
-any pleading that contradicts with CA law or court order.

-must be filed within 30 days of the pleading being challenged.

Question 21

What is the content and procedure of an answer pleading in CA?

Answer 21

If the D’s demurrers or motions fail, the D must file and answer within 30 days of being served.

Can file either;
- a general denial (of every allegation); or
-a specific denial of particular allegations.

*anything not denied is considered admitted

Question 22

What is the content and procedure of a cross complaint in CA?

Answer 22

If the D wants to assert a cause of action against the plaintiff, it can’t be done in an answer (as in fed) but must in a cross complaint. These cover:

-counter claims
-cross-claims against co-defendants; and
-impleader against third party.

Question 23

When is a cross complaint compulsory in CA

Answer 23

If it relates to the plaintiff cause of action it is compulsory - file or waive.

If it does not relate to plaintiff’s cause of action it’s permissiv

Question 24

What are the rules for amending pleadings in cA?

Answer 24

• As in Fed rules, pleadings may be amended freely.

P has the right to amend once before the D demurrers, moves to strike, answers, or in certain instances where the demurrer or motion to strike has not yet been heard.

Court usually gives P an opportunity to amend after granting demurrer or motion to strike.

*later granted freely.

Question 25

What is the relate back doctrine?

Answer 25

Amending a pleading that relates back to the original pleading date if it arises from the same transaction or occurance; the amended pleading is not time barred even if submitted after the statute of limitations has run.

Two special CA rules:
- Tort must concern the same accident and injuries as original pleading;
-must refer to same offending instrumentality

wrong party can also be updated. Can use Jane doe if:
-original complaint was timely;
-P did not know D’s name, the facts giving rise to cause of action, or that the law allowed a cause of action;
-the complaints states the P’s ignorance.
- If all three, then have three years from original pleading to amend.

Question 26

What are the three CA distinction in CA for rule 11 sanctions?

Answer 26

1) Court must decide if the party requesting sanctions exercised due diligence.

2) the 21-day grace period for correcting offending conduct applies not only where a party served the motion (as in rule 11), but also where the court acted on its own

3) the party can be sanctioned for bringing a motion for sanctions for an improper purpose.

Question 27

When is joinder allowed?

Answer 27

-When the parties have adverse claims or defenses; or
-their claims or defenses arise from the same transaction or occurrence and present a common question of law and fact.

Question 28

When does CA allow intervention?

Answer 28

Intervention by Non parties is allowed but only if their interest is “direct and immediate”

Question 29

When is joinder of claims allowed?

Answer 29

Similiar to Fed civ, but when many defendants have been joined there must be at least one question of law and fact common to every defendant;

*courts may sever claims to prevent undue delay or prejudice.

Question 30

When is impleader allowed for new cause of action alleged?

Answer 30

• arises out of the same transaction or occurrence as the P’s original complaint; or
  -alleges a claim in the P’s action against a third-party plaintiff (who may then join other new third-parties or causes of action against any third-party defendants.

Question 31

When can a plaintiff bring a class action in CA?

Answer 31

The parties a numerous and it’s impracticable to bring them all before the court; or

the question presented is of common interest to many persons

Question 32

What are the requirements of class action in CA?

Answer 32

An ascertainable class; and
A community of interest among the members; factors are:
-common questions of law or fact predominate
-a class action will benefit the parties and the court; and
- the named representatives will adequately represent the class

total each individual claim can amount to SMJ.

*court will determine if P or D bear cost of notice (P pays under fed civ)
Judgement binds any member that does not opt out
If a superior cour denies class certification its immediately appealable.

Question 33

What are mandatory discovery disclosure in CA?

Answer 33

None. (unlike Fed Civ)

Question 34

What is the difference between CA and Fed Civ on the scope of discovery requests?

Answer 34

CA = any material relevant to the subject matter in litigation (broader then fed).

Fed = any matter relevant to a claim or defense.

Question 35

What additional CA rules apply to privilige regarding discovery?

Answer 35

CA constitution has express right to privacy. Court must balance right to privacy against opposing party’s asserted need for information.

*privilige must be justified by the party claiming it by providing sufficient facts for teh P to evaluate merits of the claim (not just asserted).

Question 36

What is a discovery conference?

Answer 36

within 180 days of the complaint’s filing, the court must hold a case management conference to discuss all aspects of the case, including discovery.

Court goal for disposition in unlimited case:
-75% of cases in 12 months
-85% in 18months; and
-100% in 24 months.

Question 37

What is the CA limit on depositions?

Answer 37

No limit on number (fed civ is 10), length 7hrs (same as fed)

Question 38

What are the exceptions to the 7hr depo limit in CA?

Answer 38

-parties stipulate
-witness is expert
-court designates case as complex
-D is an employer
-Deponent is most qualified person to be desposed
-the party appeared in the case after conclusion of regular deposition; or
-the court court determines more time is needed.

Question 39

What is the limit to number of interrogatories in CA?

Answer 39

Unlimited number of Judical Council form interrogatories, but only 35 individually drafted interrogatories (more for good cause) (25 limit in Fed Civ)

Question 40

What is the difference between CA and Fed Civ regarding phyiscal exams?

Answer 40

In CA an attorney must be permitted to attend

Question 41

What is the limit on requests for admission in CA?

Answer 41

Unlimited requests for admission of documents

35 for all others.

Question 42

What is required to submit a motion to compel.

Answer 42

1) party believes that a response to a discovery request is incomplete, evasive, or contains baseless objections.

2) the moving party must have first made a good faith effort to informally resove the problem and court is a last resort.

Question 43

What are the two types of dismissal in CA?

Answer 43

Voluntary: in CA (unlike Fed) voluntary dismissal after trial begins will be with prejudice, unless the parties agree otherwise or good cause is shown.

Involuntary: if the P faiiled to diligently prosecute the complaint
-court may dismiss after 2 years of complaint filed
-must dismiss after 5 years.
-3 years if no service

Question 44

What is the framework for CA civil jury trials?

Answer 44

CA grants the right to a jury in action at law (contracts, property, and torts)
Party must request jury trial when case is first set for trial
standard is 12 jurors, unless parties agree to fewer. (if after trial starts and a it drops below 12, the the trial will continue unless party objects).

No unanimity - need 3/4 majority.

Question 45

What is a motion for nonsuit

Answer 45

Similar to judgment as a matter of law (directed verdict)(rule 50a)
D may bring after P’s opening statement or case in chief.
-standard: “no reasonable jury could find for the opposing party”

Question 46

What is judgment notwithstanding the verdict (JNOV)

Answer 46

-filed after jury renders verdict
-CA does not require a JNOV be filed before verdict in order to file one after verdict (in contrast to fed civ)

Question 47

What is remittidor and additur

Answer 47

Motion for new trials are granted sparingly but if the judge has issue with amount of damages can order a new trial pending acceptance of new damage amount:
-Remittidur if damages was exessive, or
-Additor if award was inadequate (not in Fed civ)

Question 48

When can relief from judgement be requested in CA?

Answer 48

A party can ask the trial court for relief, but only when the attorney’s mistake or negligence resulted in a default judgment or dismissal.

-CA Law requires a court to grant that relief in those narrow circumstances. (Fed Civ gives discretion to judge to avoid injustice)

Question 49

What is the final judgment rule?

Answer 49

Generally, a party may appeal after the trial court renders its final judgment.

-final judgment in CA is when decision is rendered agains 1 party (of many and leaves not issues or decisons as to that party (fed civ requires the whole suit to be final)

Question 50

When can a party appeal in final orders in CA?

Answer 50

Interlocutory orders:
-injunctions (same as fed)
-Order made after appealable judgment,
- order granting a motion based on forum non conveniens or to quash service of summons
-order granting new trial or denying a motion for JNOV
- ORder imposing sanctions greater than $5,000

Question 51

What is the collateral order rule?

Answer 51

A party may immediately appeal a dispositive interlocutory order on an issue collateral to the merits that directs the payment of money or doing an act.

Question 52

What are two distinctions in Claim preclusion in CA from fed law?

Answer 52

CA treats a judgement as final not when it is rendered, but rather when the appeal process concludes.

CA uses the primary rights doctrine:
-one suit involves one harm and one remedy.