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CA Civil Procedure > CA Civil Procedure > Flashcards

CA Civil Procedure Flashcards

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Civil Procedure 1L flashcards
1
Q

Subject Matter Jdx

A

(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

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2
Q

Reclassification

A

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

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3
Q

In Personam Jdx

A
  • Service while in state (even for legal proceedings)
  • Consent
  • CA long-arm statute: must comply with Due Process
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4
Q

In Rem Jdx

A

Due Process also applies

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5
Q

Venue

A

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
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6
Q

Transfer

A
  • Trial will not be impartial
  • Convenience of witnesses or interests of justice
  • No judge qualified to act
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7
Q

Forum Non Conveniens

A
  • In the interest of substantial justice
  • If court in another state or country is more convenient
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8
Q

Choice of Law

A

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

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9
Q

Service

A
  • 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

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10
Q

Pleading

A

Fact Pleading:

  • (i) Allege all material facts
  • (ii) Demand judgment for relief requested in precise dollar amount (unless personal injury/wrongful death)
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11
Q

General Demurrer

A

Challenges:

  • court’s SMJ
  • insufficient facts to constitute a cause of action
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12
Q

Special Demurrer

A
  • 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
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13
Q

Motion to Strike

A
  • 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
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14
Q

Anti-SLAPP

A

Motion if ∆ shows ∏’s cause of action arises from ∆’s exercise of 1st Amdt rights

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15
Q

Answer

A

Within 30 days of service

Contains general denials or specific denials

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16
Q

Cross-Complaint

A
  • 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
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17
Q

Amendments

A
  • 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
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18
Q

Relation Back

A

(i) Concerns same accident and injuries as original pleading
(ii) Refers to same offending instrumentality

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19
Q

Doe-∆ (amendment to add ∆)

A

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
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20
Q

Sanctions

A

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
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21
Q

Joinder of Parties

A

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
22
Q

Intervention (of non-parties)

A

Allowed if court finds non-party’s interest is “direct and immediate”

23
Q

Joinder of Claims

A
  • 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
24
Q

Class Actions

A
  • 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

25
Q

Pretrial Procedures

A

No mandatory disclosures

26
Q

Electronic Information

A

Treated the same as documents and things

27
Q

Scope of Discovery

A

Any material “relevant to the subject matter” in litigation

28
Q

Privileges (non-discoverable)

A

Right to privacy (balancing test)

All parties must justify claims of privilege, providing sufficient facts to evaluate merits of claim

Attorney work-product

29
Q

Experts

A

Must be available for deposition

30
Q

Supplementation

A

No requirement to supplement prior discovery, but opponent can use ordinary discovery devices to obtain material

31
Q

Discovery Conference

A

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

32
Q

Depositions

A

Notice of at least 20 days

No limit, one day of 7 hours

33
Q

Interrogatories

A

Unlimited “Judicial Council” form interrogatories

35 individually crafted, unless good cause is shown

34
Q

Physical/Mental Exams

A

Attorney must be allowed to attend

Must occur within 75 miles of person’s home

35
Q

Requests for Admission

A

35 requests, unless good cause shown

36
Q

Motion to Compel

A

Filed in response to incomplete/evasive discovery requests, but party must first have made good faith effort to informally resolve

37
Q

Discovery Sanctions

A

Initial misuse of discovery must result in monetary sanctions

Further abuse will result in ever-increasing sanctions at court’s discretion

38
Q

Voluntary Dismissal

A

With prejudice unless parties agree or good cause shown

39
Q

Involuntary Dismissal

A

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

40
Q

Summary Judgment

A

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
41
Q

Jury Trial

A

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.

42
Q

JMOL equivalent

A

Motion for Nonsuit

43
Q

JNOV

A

Does not require prior motion for directed verdict

44
Q

Motion for New Trial

A

Rarely granted

Remittitur and additur allowed, must be accepted within 30 days or there is automatic new trial

45
Q

Relief from Judgment

A

Trial court required to grant if attorney’s mistake or negligence resulted in default judgment or dismissal

46
Q

Appeals

A

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

47
Q

Interlocutory Orders

A

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
48
Q

Collateral-Order Rule

A

Party may immediately appeal dispositive interlocutory order on issue collateral to the merits that directs payment of money or performance of act

49
Q

Claim Preclusion

A

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)

50
Q

Issue Preclusion

A

CA gives default and consent judgments preclusive effect as to material issues actually raised in the pleadings

CA Civil Procedure (1 decks)

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