CA Civ Pro

Question 1

Service of Process

Answer 1

CCP allows for service of process by personal delivery by nonparties who are at least 18 years of age.

i.e. if the P personally serves the summons then service of process improper–P instead needs to seek out nonparty to effect service.

If personal service cannot be made–substituted service allowed in CA but must be mailed by first-class mail, postage prepaid and req a return receipt; if service on P outside of U.S. then service can be made using any method the forum ct prescribes or by any method allowed under the law of the place where the P is served that would give the P actual notice.

Question 2

CA Long-Arm Statute

Answer 2

CA’s long-arm statute is non-specific and allows personal JX to the full extent permitted by U.S. Const, which means that a CA st ct must meet the DP reqs:

1) Min contacts–reqs showing of purposeful availment and foreseeability; D must have purposefully availed himself of the privilege of conducting activities in the forum st, thus invoking the benefits and protections of its laws.

2) Relatedness of the claim to the contact–if P’s injury arose directly from D’s contacts w/ CA then this is met, even if this incident may have been D’s only contact w/ CA.

3) Fair Play and Sub Justice–i.e. must determine if maintenance of action would “offend trad notions of fair play and sub justice, considering:
1) interest of forum st in adjudicating matter–will be easily met
2) burden on D of appearing in case–may be high burden for D if foreign corp but not controlling especially if the corp has plenty of resources.
3) interest of the judicial system in the efficient resolution of controversies–i.e. if same injury happening in other sts then high interest; and
4) shared interests of the sts in promoting common social policies–same as above.

Question 3

Venue

Answer 3

CA–refers to the county in which an action may be tried.

V proper in any county in CA where any D:
1) resides at time the action commences; or
2) in personal injury actions where the injury occurred.

In an action against a corp, V proper in the county where:
1) the obligation or liability arose; or
2) where the corp has its PPOB.

Question 4

Res Judicata

Answer 4

Whether res judicata is a substantive or procedural issues is debatable–i.e. if fact pattern has federal ct in CA hearing case, then analyze res judicata under both FRCP and CA and see if they come to same result (likely will)–if so then they live harmoniously together b/c no conflict, so can end Erie analysis there.

Res Judicata CA differences:
1) Valid judgement on merits:
–FRCP: judgement is final if there is nothing further for ct to do but order entry of judgement;
–CA–judgement NOT final until conclusion of appeal, or if no appeal, when the time for filing a notice of appeal expires (60 days after judgement entered).

2) Suff Identical Claims:
FRCP–follows transactional approach; 1) whether the facts are related in time, space, origin, or motivation; 2) whether the facts form a convenient trial unit; and 3) whether treating the facts as a unit conforms to Ps’ expectations.
CA–does NOT apply the transactional approach; instead applies primary rights doctrine, which dictates that causes of action are based on indv harms and redress may be sought for one harm in each suit.