CA Civil Procedure

Question 1

Classification

Answer 1

Cases in CA are divided into 3 types:

1. SMALL CLAIMS (amount in controversy does not exceed $10k for cases brought by individuals, $5k for cases brought by businesses and other entities);
2. LIMITED CIVIL CASES (amount in controversy does not exceed $25k); and
3. UNLIMITED CIVIL CASES (the amount in controversy is greater than $25k).

Question 2

PJ (LAS)

Answer 2

CA’s long-arm statute is BROAD.

—> It allows a ct to exercise jdx on any basis not inconsistent with CA’s Constitution or the USC.

Question 3

Defenses to Jdx

Answer 3

CA has rejected the traditional rule that non-resident Ds are immune from PJ if they enter the state temporarily to participate in a judicial proceeding.

Question 4

CoL

Answer 4

CA follows the impairment of govt’al interest approach.
—> Where there is a conflict, the ct will decide which state’s interest would be more greatly impaired if its law were subordinated to the policy of the other state and not applied.

Question 5

Venue

Answer 5

In CA, the proper ct for the trial of an action is the superior ct in the county where any D resides at the commencement of the action.

Question 6

Forum Non Conveniens

Answer 6

In CA, the standard uses different wording.

• –> A ct may dismiss an action if, in the interest of substantial justice, the action should be heard in a forum outside CA.
• –> CA cts rarely, if ever, dismiss a case for FNC; rather, they stay the action in CA if they remove it to another jdx.

Question 7

Pleadings

Answer 7

The pleadings allowed in civil actions in CA are:

1. complaints;
2. demurrers;
3. answers; and
4. cross-complaints.

A party may also file a motion to strike any of these.

No reply to an answer is necessary; any defenses in the answer are deemed denied by the opposing party.

Question 8

Cross-Complaints

Answer 8

The terms counterclaim and cross-claim are no longer used in CA.
—> A D may file a separate doc called a cross-complaint.

Question 9

Timing of Cross-Complaints

Answer 9

A D in CA must file a SEPARATE cross-complaint and may NOT plead a counterclaim in his ANSWER.
—> In response to the cross-complaint, the P must file a separate ANSWER.

Question 10

Substituted Service

Answer 10

In CA, before substituted service is permitted, REASONABLE DILIGENCE to perform personal service is req'd. 
---> In addition, aside from leaving a copy at the D's HOME, the P must also MAIL a copy of the summons and complaint to the D by first class mail.

Question 11

Service on Out-of-State Ds

Answer 11

Service on out-of-state Ds can be performed in the SAME way as in-state Ds, or by FIRST CLASS MAIL w/ return receipt.

Question 12

Waiver of Service

Answer 12

The rule in CA is the SAME as the Federal Rule, EXCEPT the D must respond w/in 20 days or personal service must be attempted.

Question 13

Complaint

Answer 13

CA reqs FACT PLEADING.
—> A claimant must provide a fact or facts to support EACH ELEMENT of the CoA.

Some claims (e.g., FRAUD, statutory violations) must be pleaded with GREATER PARTICULARITY under a heightened pleading standard.

Question 14

General Demurrer

Answer 14

CA practice permits a GENERAL demurrer for FAILURE TO STATE A CLAIM, if filed w/in 30 days.
—> A SPECIAL demurrer for other grounds, as used in CA, is similar to other RULE 12 MOTIONS.

Question 15

Amendment of Pleadings: Relation Back

Answer 15

An amended complaint will relate back to the date of the filing of the original complaint if it rests on the SAME GENERAL SET OF FACTS set forth in the original complaint.

Question 16

Sanction

Answer 16

In CA, the 21-day grace period also applies where the ct acts on its own.

Question 17

Class Actions

Answer 17

CA does not have a detailed class action statute or rule comparable to FRCP 23.

For authority to certify class actions, CA cts rely on CCP § 382, which permits certification where the question is one of a common or general INTEREST of many persons, when the parties are NUMEROUS, or it is IMPRACTICABLE to bring all of the different P’s actions before the ct.

Question 18

Permissive Intervention

Answer 18

The CA rule reqs that the intervening 3rd party have a “direct and immediate” interest in the matter under litigation.
—> This is a less permissive rule than the federal one.

Question 19

Joinder

Answer 19

The rule in CA is similar but reqs more of a common relationship between the parties.

Multiple Ps may join in the same action if:

(1) they assert any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction or occurrence, and if any question of law or fact common to all these persons will arise in the action; or
(2) they have a claim, right, or interest adverse to the D in the property or controversy that is the subject of the action.

Question 20

Vexatious Litigation

Answer 20

In CA, cts may enter an order req’ing a vexatious litigator to obtain leave of ct before he is permitted to file new claims in any CA ct if the person has brought 5 unmeritorious cases in the preceding 7 years, engaged in repeated relitigation against the same D, repeatedly engaged in frivolous and unnecessary delay tactics, or been previously declared a vexatious litigant in any fed or state ct in any proceeding based upon the same or substantially similar facts, transaction, or occurrence.

Question 21

Scope of Discovery

Answer 21

CA’s Civil Discovery Act is similar in structure to the Federal Rules, but the Federal Rules tend to be broader.
—> Ongoing discovery is not automatic in CA, the party seeking further discovery must request it.

Unless otherwise limited by ct order, any party in CA may obtain discovery regarding any matter that is:

(1) relevant to the subject matter involved in the pending action;
(2) relevant to the determination of any motion made in the pending action;
(3) admissible as evidence or appears reasonably calculated to lead to the discovery of admissible evidence; and
(4) not privileged.

Question 22

Mandatory Disclosures

Answer 22

CA has no initial mandatory disclosures.

Question 23

Discovery Conference

Answer 23

CA does not require parties to confer about discovery or propose a discovery plan.
—> The judge, however, does conduct frequent case management conferences.

Question 24

Depositions

Answer 24

There is no limit to the number of depositions allowed in CA.

Question 25

Interrogatories

Answer 25

In CA, a party may issue up to 35 “specially prepared” interrogatories that are relevant to the action and any additional number of “official form” interrogatories that are relevant to the action.

Question 26

Requests for Admission

Answer 26

In CA, no party may request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of docs.
—> The number of requests for admission of the genuineness of docs is not otherwise limited.

Question 27

Summary Judgment

Answer 27

While CA’s SJ standards are very close to the fed standards, CA reqs a D moving for SJ to present evidence and not merely make an allusion that the P does not possess and cannot reasonably obtain needed evidence.

Question 28

Voluntary Dismissal

Answer 28

Once trial has commenced, voluntary dismissal will generally be w/ prejudice unless the party has the consent of all other parties and/or the ct orders dismissal on a showing of good cause.

Question 29

Order of Trial

Answer 29

CA applies the equity-first rule, which states that equitable issues are first tried by the bench, and legal issues are then tried by a jury.
—> CA also follows the equitable clean-up doctrine, which states that the bench can also hear legal issues that are incidental to equitable issues.

Question 30

Trial by Jury

Answer 30

A civil jury verdict need not be unanimous in CA; agreement by 3/4 of the jurors is suff.

Question 31

Juror Selection

Answer 31

In CA civil cases, each party is entitled to 6 peremptory challenges.

Question 32

Parties Bound by Judgment

Answer 32

CA has an expanded definition of privity, which includes situations in which the relationship between the parties is “suff’ly close” to justify estoppel.

Question 33

Appeal

Answer 33

In CA, when a complaint consists of more than one count, and one, but not all, of the counts are disposed of, the count disposed of is a final order, and thus immediately appealable, provided that it constitutes a distinct and separate CoA.

Question 34

Judicial Arbitration

Answer 34

A CA ct may order judicial arbitration in cases involving less than $50k.