CA Civil Procedure Flashcards
Subject Matter Jdx
(for Superior Courts) Small Claims:
- AIC is $10,000 or less for individuals
- AIC Is $5,000 or less for all other parties
Limited: AIC is $25,000 or less
Unlimited: AIC is more than $25,000
Reclassification
Superior Ct will automatically reclassify cases when:
(i) ∏ amends complaint above or below $25,000
(ii) ∆ makes cross-complaint that increases AIC above $25,000
If original case reclassified, Superior Ct keeps jdx but may reclassify if cases will “necessarily” be below $25,000 or “might” be above $25,000
In Personam Jdx
- Service while in state (even for legal proceedings)
- Consent
- CA long-arm statute: must comply with Due Process
In Rem Jdx
Due Process also applies
Venue
Superior Ct of appropriate county:
- Where property located
- Where any ∆ resides at any time action begins
- If no ∆ resides in CA, any county
- Where contract was executed or performed
- Where injury occurred
- Business Associations:
- (i) where contract was executed
- (ii) where contract was to be performed
- (iii) where breach arose
- (iv) principal place of business
Transfer
- Trial will not be impartial
- Convenience of witnesses or interests of justice
- No judge qualified to act
Forum Non Conveniens
- In the interest of substantial justice
- If court in another state or country is more convenient
Choice of Law
Tort: comparative impairment of each state’s laws if other law is applied
Contract: choice of law so long as state law substantially relates to party or transaction; otherwise comparative impairment
Service
- Must make reasonable diligence to serve *in person*
- ELSE: substituted service on responsible adult at ∆’s home or place of business, then follow-up with first-class mailing/return receipt
- ELSE: publication Out-of-state ∆s always served by first-class mailing/return receipt
Waiver of service does not extend time to respond
Challenge personal jdx by Motion to Quash Service of Summons before any responsive pleading
Pleading
Fact Pleading:
- (i) Allege all material facts
- (ii) Demand judgment for relief requested in precise dollar amount (unless personal injury/wrongful death)
General Demurrer
Challenges:
- court’s SMJ
- insufficient facts to constitute a cause of action
Special Demurrer
- Lack of legal capacity
- Similar action pending in another court
- Problem with joinder
- Pleading is unclear
- Failure to state whether K was oral or written
Motion to Strike
- Must be filed within 30 days of pleading being challenged
- Can strike irrelevant, false, or improper matter
- Can strike any part of pleading that conflicts with CA law or court order
Anti-SLAPP
Motion if ∆ shows ∏’s cause of action arises from ∆’s exercise of 1st Amdt rights
Answer
Within 30 days of service
Contains general denials or specific denials
Cross-Complaint
- Counterclaims, cross-claims, and impleader all must be in separate cross-complaint
- Compulsory if relates to ∏’s cause of action (file or waive)
- Permissive if unrelated to ∏’s cause of action
- ∏ must file separate answer, not reply
Amendments
- Once as a matter of right, before ∆ files answer or demurrer
- By leave of court after sustaining demurrer or granting motion to strike
- By leave of court at any time
Relation Back
(i) Concerns same accident and injuries as original pleading
(ii) Refers to same offending instrumentality
Doe-∆ (amendment to add ∆)
Can name-correct or name “Doe-∆” through service:
- (i) within 3 years
- (ii) if original complaint was timely and set forth sufficient factual allegations against all ∆s
- (iii) ∏ genuinely did not know ∆’s name or facts giving rise to cause of action, or that law allowed course of action
- (iv) complaint stated ∏’s ignorance
Sanctions
Generally the same as Rule 11, but:
- Court must determine whether party seeking sanctions exercised due diligence
- 21-day grace period for correcting offending content or material
- Courts can sanction for bringing motion for improper purpose
Joinder of Parties
Permissive:
- (i) Parties have adverse claims or defenses
- (ii) Causes of action arise from same transaction or occurrence and there is common question of law or fact
Intervention (of non-parties)
Allowed if court finds non-party’s interest is “direct and immediate”
Joinder of Claims
- When many ∆s have been joined, must be at least one question of law or fact common to all ∆s
- Court can sever claims to prevent undue delay or prejudice
Class Actions
- Numerosity (impracticable to bring them all before court)
- Question of common interest to many persons
- Ascertainable class
- “Community of Interest” among members:
- Common questions of law or fact predominate
- Class action will benefit parties and court
- Named representative will adequately represent the class
Binds any class member who does not opt out
Denial of cert if immediately appealable
Pretrial Procedures
No mandatory disclosures
Electronic Information
Treated the same as documents and things
Scope of Discovery
Any material “relevant to the subject matter” in litigation
Privileges (non-discoverable)
Right to privacy (balancing test)
All parties must justify claims of privilege, providing sufficient facts to evaluate merits of claim
Attorney work-product
Experts
Must be available for deposition
Supplementation
No requirement to supplement prior discovery, but opponent can use ordinary discovery devices to obtain material
Discovery Conference
No official requirement
Within 180 days of complaint, court must hold case management conference to review all aspects of case
Fast-track system for speedy disposition
Depositions
Notice of at least 20 days
No limit, one day of 7 hours
Interrogatories
Unlimited “Judicial Council” form interrogatories
35 individually crafted, unless good cause is shown
Physical/Mental Exams
Attorney must be allowed to attend
Must occur within 75 miles of person’s home
Requests for Admission
35 requests, unless good cause shown
Motion to Compel
Filed in response to incomplete/evasive discovery requests, but party must first have made good faith effort to informally resolve
Discovery Sanctions
Initial misuse of discovery must result in monetary sanctions
Further abuse will result in ever-increasing sanctions at court’s discretion
Voluntary Dismissal
With prejudice unless parties agree or good cause shown
Involuntary Dismissal
Failure to “diligently prosecute” complaint
May dismiss within 2 years of complaint filing
Must dismiss within 3 years if complaint never served
Must dismiss within 5 years if complaint is served
Summary Judgment
Moving party:
- Must show “no meritorious cause of action or defense”
- Must file separate statement listing disputed facts with supporting evidence for each claim
- Can rely on pleadings, discovery materials, affidavits, or any other supporting evidence
Burden-shifting to other party to show triable factual issue
Timing:
- 60 days after opponent makes general appearance
- All papers 75 days before hearing
- Opposition papers 14 days before hearing
- Reply papers 5 days before hearing
- Can be reviewed by writ of mandamus
Jury Trial
Party must demand jury when case is first set for trial
Must be 12 jurors, unless parties agree to less, but trial can proceed if juror dismissed for good cause (unless party objects)
Need 3/4 maj.
JMOL equivalent
Motion for Nonsuit
JNOV
Does not require prior motion for directed verdict
Motion for New Trial
Rarely granted
Remittitur and additur allowed, must be accepted within 30 days or there is automatic new trial
Relief from Judgment
Trial court required to grant if attorney’s mistake or negligence resulted in default judgment or dismissal
Appeals
CA Ct of Appeals, then CA Supreme Ct
Final judgment when court enter judgment against one party and leaves no further issue for decision as to that party
Interlocutory Orders
Additional exceptions:
- Made after appealable judgment
- Granting motion based on forum non conveniens or motion to quash service of summons
- Granting new trial or denying JNOV
- Imposing sanctions of more than $5,000
Collateral-Order Rule
Party may immediately appeal dispositive interlocutory order on issue collateral to the merits that directs payment of money or performance of act
Claim Preclusion
CA considers final judgment when appeal concludes or time for appeal expires
“Primary rights” doctrine (one suit involves one harm and one form of redress)
Issue Preclusion
CA gives default and consent judgments preclusive effect as to material issues actually raised in the pleadings
