CA Civ Pro

Question 1

CA Civ Pro - SERVICE OF PROCESS

Answer 1

IN STATE ∆

1) Personal Service
2) Substituted Service - leave copy at authorized location w/ specified individuals AND mail a copy
3) Service by Mail (if ∆ returns a Notice and Acknowledgment)
4) Service by Publication - 4 consecutive weeks in newspaper of general circulation in ∆s area

OUT OF STATE ∆

1) Any of the above OR
2) Certified mail, return receipt requested

FOREIGN ∆

1) Any method reasonably calculated to give notice
2) Pursuant to international law OR law of country of service

Question 2

CA Civ Pro - LOCAL ACTION VENUE

Answer 2

In an action regarding title or harm to real property, venue must always be in the county in which the property, or part of it, sits

Question 3

CA Civ Pro - TRANSITORY ACTION VENUE

Answer 3

In an action regarding a claim other than title or harm to real property, venue is proper in:

1) any county in which any ∆ resides OR
2) in K actions, the county in which to obligations is to be performed OR the K was entered into
3) in PI actions, the county in which the injury occurred

Question 4

CA Civ Pro - TRANSFER OF VENUE

Answer 4

Even if the original venue is proper, the court may transfer to another county when:

1) there is reason to believe an impartial trial cannot be held in the county
2) no judge in the county is qualified to hear the case
3) the convenience of Ws and end of justice are promoted by the change

Question 5

CA Civ Pro - FACT PLEADING

Answer 5

A complaint or cross-complaint must:

1) contain a statement of facts constituting the CoA, in ordinary and concise language
2) plead ULTIMATE FACTS
- -facts that raise the issues upon which the right to recover depends
- -legal conclusions and evidentiary facts may be stricken

Question 6

CA Civ Pro - DOE AMENDMENT

Answer 6

1) Original complaint was timely filed and contains charging allegations against all ∆s, including Does
2) π is genuinely ignorant of the identity of a fictitious ∆, the facts giving rise to the CoA, or the fact that the law provides a CoA,
3) π’s ignorance was plead in the complaint, AND
4) π amended promptly upon discovery of the facts and served the new ∆

Question 7

CA Civ Pro - DEMURRER

Answer 7

A pleading (NOT motion) that tests the sufficiency of a complaint or answer.

GENERAL

1) fails to state fact constituting a CoA
2) barred on its face by SOL

SPECIAL

1) π lacks capacity to sue
2) failure to join a necessary party OR misjoinder
3) another action is pending between the same parties on the same CoA
4) pleading is uncertain
5) complaint fails to allege whether a K is oral or written

Question 8

CA Civ Pro - SCOPE OF DISCOVERY

Answer 8

Any non-privileged matter that is relevant to the subject matter of the pending action.

Work Product - absolute privilege for writings reflecting atty’s impressions, conclusions, opinions, or legal research

Question 9

CA Civ Pro - ANTI-SLAPP MOTION TO STRIKE

Answer 9

1) ∆ must make a threshold showing that the challenged conduct arises from the exercise of his 1st A rights
2) Burden shifts to π to show probability of success on the claim

EXCLUDED SUITS

• Action brought solely in the public interest if it would confer a significant benefit on general public or large class
• Statement or conduct at issue consists of representations of fact about his or a competitor’s business operations, goods, or services, made to customers to engage in business

Question 10

CA Civ Pro - CLAIM PRECLUSION

Answer 10

• Judgment is final only when ALL appeals are done

- Applies when PRIMARY RIGHT at issue was or could have been litigated

Question 11

CA Civ Pro - OFFENSIVE COLLATERAL ESTOPPEL

Answer 11

Applies when either the party OR a party in privity was involved in the first case.