CA Civ. Pro: Subject Matter Jurisdiction Flashcards
In CA, what court has jurisdiction over all civil matters not within the exclusive jurisdiction of another court (i.e. bankruptcy)?
SMJ
Superior Court
In CA, what cases can the Superior Court not hear?
The Superior Court cannot hear cases that invoke exclusive federal question jurisdiction.
BUT, the Superior Court CAN hear cases with concurrent federal claims.
In CA, can the Superior Court hear cases with concurrent federal claims?
Yes
In CA, can the Superior Court hear cases that invoke exclusive federal question jurisdiction?
No
In CA, how is classification determined?
Classification is determined by the amount in controversy of the plaintiff’s claim alone.
No interest, attorneys’ fees or other costs.
In CA, what are the 3 types of classifications of civil cases?
- Limited Civil Cases
- Unlimited Civil Cases
- Small Claims
In CA, what is an Unlimited Civil Case?
AIC exceeds $25,000
In CA, what is a Small Claim for individuals?
AIC less than OR equal to $10,000
In CA, what is a Small Claim for corporations and other entities?
AIC less than or equal to $5,000
In CA, what is the AIC amount for individuals in Small Claims classified cases?
less than or equal to $10,000
In CA, what is the AIC amount for corporations and other entities in Small Claims classified cases?
less than or equal to $5,000
In CA, may a plaintiff aggregate claims against a single defendant?
Yes
One plaintiff may aggregate all claims against a single defendant for determining the AIC even if the claims are completely unrelated.
In CA, do the claims have to be related for a plaintiff to aggregate their claims against a defendant?
No
One plaintiff may aggregate all claims against a single defendant for determining the AIC EVEN IF the claims are completely unrelated.
In CA, what AIC determines a Limited Civil Case?
AIC less than or equal to $25,000
Small Claims = less than/equal to $10k for individuals & $5k for corps
Statutes limit pleadings & discovery in limited civil cases.
In CA, what classification of case has statutes that limit pleadings & discovery?
Limited Civil Cases
In CA, what 2 things are limited in Limited Civil Cases?
- Pleadings
- Discovery
Statutes limit pleadings & discovery in limited civil cases.
Limited Civil Cases = AIC less than or equal to $25,000
CA
Reclassification
Reclassification allows the plaintiff, cross-complainant, or petitioner to amend an initial pleading, such that the case would be reclassified from limited to unlimited or vice versa.
Reclassification does not destroy SMJ.
The court does not consider the merits of the claim but may look beyond the pleadings when determining whether classification is proper.
Does reclassification in CA Superior Court destroy Subject Matter Jurisdiction?
No
ReclassificationReclassification does not destroy SMJ.
CA
When a court is considering reclassification, does the court consider the merits of the claim?
No
The court does not consider the merits of the claim.
BUT - the court may look beyond the pleadings when determining whether classification is proper.
CA
In determining reclassification, what does the Court use to determine whether classification is proper?
Is it all dependent on the pleadings?
The court may look beyond the pleadings when determining whether classification is proper.
However, the court does NOT consider the merits of the claim.
In CA, who may ask for Reclassification?
Plaintiff
Cross-Complainant
Petitioner
In CA, how does a plaintiff, cross-complainant, or petitioner ask for Reclassification?
Either by an Amended Complaint or a Motion by Court or Party
In CA, what are the 2 ways to get Reclassification?
- Amended Complaint
or
- Motion by Court or Party
Motion by Court or Party = NOTICE & HEARING REQUIRED
In CA, what is required if reclassification is requested by motion?
Notice & Hearing Required
In CA, what is the standard for reclassifying an action from unlimited to limited?
Virtually Unobtainable
recovery in excess of $25,000 is “virtually unobtainable”
Unlimited = AIC exceeds $25,000
Limited = AIC less than or equal to $25,000
To reclassify an action from unlimited to limited, a court myst determine that a recovery in excess of $25,000 is “virtually unobtainable”
In CA, what is the standard for reclassifying an action from limited to unlimited?
Possibility
recovery in excess of $25,000 is a possibility
Limited = AIC less than or equal to $25,000
Unlimited = AIC exceeds $25,000
To reclassify an action from limited to unlimited, a court must determine that a recovery in excess of $25,000 is a possibility.
CA
Cross Complaint in Limited Case
**If a cross-complaint exceeds $25,000, the entire action is reclassified as unlimited.
Limited = AIC less than or equal to $25,000
Unlimited = AIC exceeds $25,000
CA
Cross Complaint in Unlimited Case
If a cross-complaint is for $25,000 or less, the entire action remains unlimited.
CA
If a cross-complaint in an unlimited case is for $25,000 or less, is the case reclassified as limited?
No
The entire action remains unlimited.
If a cross-complaint in an unlimited civil case is for $25,000 or less, the entire action remains unlimited.
Limited = AIC less than or equal to $25,000
Unlimited = AIC exceeds $25,000
CA
If a cross-complaint in a limited case exceeds $25,000, is the case reclassified as unlimited?
Yes
The entire action is reclassified as unlimited.
If a cross-complaint in a limited case exceeds $25,000, the entire action is reclassified as unlimited.
Limited = AIC less than or equal to $25,000
Unlimited = AIC exceeds $25,000
