CA Civil Procedure Flashcards
Classification
Cases in CA are divided into 3 types:
- SMALL CLAIMS (amount in controversy does not exceed $10k for cases brought by individuals, $5k for cases brought by businesses and other entities);
- LIMITED CIVIL CASES (amount in controversy does not exceed $25k); and
- UNLIMITED CIVIL CASES (the amount in controversy is greater than $25k).
PJ (LAS)
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.
Defenses to Jdx
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.
CoL
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.
Venue
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.
Forum Non Conveniens
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.
Pleadings
The pleadings allowed in civil actions in CA are:
- complaints;
- demurrers;
- answers; and
- 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.
Cross-Complaints
The terms counterclaim and cross-claim are no longer used in CA.
—> A D may file a separate doc called a cross-complaint.
Timing of Cross-Complaints
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.
Substituted Service
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.
Service on Out-of-State Ds
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.
Waiver of Service
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.
Complaint
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.
General Demurrer
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.
Amendment of Pleadings: Relation Back
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.
Sanction
In CA, the 21-day grace period also applies where the ct acts on its own.
Class Actions
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.
Permissive Intervention
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.
Joinder
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.
Vexatious Litigation
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.
Scope of Discovery
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.
Mandatory Disclosures
CA has no initial mandatory disclosures.
Discovery Conference
CA does not require parties to confer about discovery or propose a discovery plan.
—> The judge, however, does conduct frequent case management conferences.
Depositions
There is no limit to the number of depositions allowed in CA.
