CA Civ. Pro: Subject Matter Jurisdiction

Question 1

In CA, what court has jurisdiction over all civil matters not within the exclusive jurisdiction of another court (i.e. bankruptcy)?

SMJ

Answer 1

Superior Court

Question 2

In CA, what cases can the Superior Court not hear?

Answer 2

The Superior Court cannot hear cases that invoke exclusive federal question jurisdiction.

BUT, the Superior Court CAN hear cases with concurrent federal claims.

Question 3

In CA, can the Superior Court hear cases with concurrent federal claims?

Answer 3

Yes

Question 4

In CA, can the Superior Court hear cases that invoke exclusive federal question jurisdiction?

Answer 4

No

Question 5

In CA, how is classification determined?

Answer 5

Classification is determined by the amount in controversy of the plaintiff’s claim alone.

No interest, attorneys’ fees or other costs.

Question 6

In CA, what are the 3 types of classifications of civil cases?

Answer 6

1. Limited Civil Cases
2. Unlimited Civil Cases
3. Small Claims

Question 7

In CA, what is an Unlimited Civil Case?

Answer 7

AIC exceeds $25,000

Question 8

In CA, what is a Small Claim for individuals?

Answer 8

AIC less than OR equal to $10,000

Question 9

In CA, what is a Small Claim for corporations and other entities?

Answer 9

AIC less than or equal to $5,000

Question 10

In CA, what is the AIC amount for individuals in Small Claims classified cases?

Answer 10

less than or equal to $10,000

Question 11

In CA, what is the AIC amount for corporations and other entities in Small Claims classified cases?

Answer 11

less than or equal to $5,000

Question 12

In CA, may a plaintiff aggregate claims against a single defendant?

Answer 12

Yes

One plaintiff may aggregate all claims against a single defendant for determining the AIC even if the claims are completely unrelated.

Question 13

In CA, do the claims have to be related for a plaintiff to aggregate their claims against a defendant?

Answer 13

No

One plaintiff may aggregate all claims against a single defendant for determining the AIC EVEN IF the claims are completely unrelated.

Question 14

In CA, what AIC determines a Limited Civil Case?

Answer 14

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.

Question 15

In CA, what classification of case has statutes that limit pleadings & discovery?

Answer 15

Limited Civil Cases

Question 16

In CA, what 2 things are limited in Limited Civil Cases?

Answer 16

1. Pleadings
2. Discovery

Statutes limit pleadings & discovery in limited civil cases.

Limited Civil Cases = AIC less than or equal to $25,000

Question 17

CA

Reclassification

Answer 17

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.

Question 18

Does reclassification in CA Superior Court destroy Subject Matter Jurisdiction?

Answer 18

No

ReclassificationReclassification does not destroy SMJ.

Question 19

CA

When a court is considering reclassification, does the court consider the merits of the claim?

Answer 19

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.

Question 20

CA

In determining reclassification, what does the Court use to determine whether classification is proper?

Is it all dependent on the pleadings?

Answer 20

The court may look beyond the pleadings when determining whether classification is proper.

However, the court does NOT consider the merits of the claim.

Question 21

In CA, who may ask for Reclassification?

Answer 21

Plaintiff
Cross-Complainant
Petitioner

Question 22

In CA, how does a plaintiff, cross-complainant, or petitioner ask for Reclassification?

Answer 22

Either by an Amended Complaint or a Motion by Court or Party

Question 23

In CA, what are the 2 ways to get Reclassification?

Answer 23

1. Amended Complaint

or

2. Motion by Court or Party

Motion by Court or Party = NOTICE & HEARING REQUIRED

Question 24

In CA, what is required if reclassification is requested by motion?

Answer 24

Notice & Hearing Required

Question 25

In CA, what is the standard for reclassifying an action from unlimited to limited?

Answer 25

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”

Question 26

In CA, what is the standard for reclassifying an action from limited to unlimited?

Answer 26

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.

Question 27

CA

Cross Complaint in Limited Case

Answer 27

**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

Question 28

CA

Cross Complaint in Unlimited Case

Answer 28

If a cross-complaint is for $25,000 or less, the entire action remains unlimited.

Question 29

CA

If a cross-complaint in an unlimited case is for $25,000 or less, is the case reclassified as limited?

Answer 29

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

Question 30

CA

If a cross-complaint in a limited case exceeds $25,000, is the case reclassified as unlimited?

Answer 30

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