CA Civ Pro Distinctions Flashcards
What are the CA classifications?
- Limited civil case: AIC under or equal to $25k
- Unlimited Civil case: AIC over $25k
- Small claims: individuals - less than or equal to $10k, companies/other entities - less than or equal to $5k
How does a CA case get reclassified (procedurally)?
By amended complaint or motion
If cross-complaint puts something over $25k, it will be
What is the SMJ of CA courts?
Superior (trial) courts in CA have jurisdiction over all civil matters that are not exclusively given to another court (ie. bankruptcy court)
- CANNOT hear cases that invoke exclusive federal question jurisdiction, such as copyright or patent
How long after a complaint is filed does the P have to serve the D?
60 days in CA (90 in FRCP)
Service in CA: Distinctions
D must be served within 60 days
Methods of service:
- Personal service w/in CA
- Substitute service (only allowed if D cannot be found with reasonable diligence)
Requirements for substitute service:
a. usual abode or mailing address (no PO box)
b. served on competent member of household
c. substitute person informed of contents
AND
d. process also mailed first class with prepaid postage for return
= deemed effective 10 days after mailing - Agent (corp): to a registered agent of a corporation OR someone with apparent authority during business hours
- Waiver by mail: mailed first class with prepaid envelope and D returns within 20 days
- Publication (last resort): requires affidavit from attorney stating no other way too serve D (and reasonably calculated to reach D)
Outside state:
CA permits service to D outside of state by:
1. any means permitted in state
2. mail with prepaid postage, return receipt request, and deemed effective 10 days after mailing
How did CA change immunity from Service of Process?
No immunity from service when D is in state to appear on another matter.
Immunity from fraud or deceit used to lure D to state still applies.
