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CA Bar Prep 2022 > Cal. Civ. Pro > Flashcards

Cal. Civ. Pro Flashcards

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1
Q

When can California assert PJ?

A

(1) Long-Arm Statute and (2) Constitutional limit

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2
Q

What is sufficient for specific jurisdiction?

A

An interactive website.

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3
Q

What cases may a CA superior court hear?

A

General subject matter jurisdiction. Almost all civil and most federal law claims.

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4
Q

What are the classifications of cases in CA?

A

(1) Limited civil cases, (2) Unlimited Civil Cases, (3) Small claims

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5
Q

When is a case limited?

A

The amount of recovery is $25,000 or less. There is limited discovery, no special demur, generally no equitable relief, no real title claims, and a speedy jury trial.

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6
Q

When are cases unlimited?

A

(1) Exceeds $25,000, (2) seeks equitable relief, (3) title to land.

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7
Q

When is a case small claims?

A

Any amount less than $10,000 for individuals and $5,000.

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8
Q

How is a case type determined for the proper state court?

A

Amount of claim alone (no interest) and type of relief sought.

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9
Q

What is the effect of reclassification?

A

No effect on jurisdiction.

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10
Q

How is reclassification done?

A

(1) Voluntary by plaintiff and automatic, (2) motion to reclassify, (3) judicial discretion.

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11
Q

What is required for motions to reclassify?

A

(1) notice and (2) hearing, (3) without considering merits of case

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12
Q

When can case be reclassified from limited to unlimited?

A

If the judge deems there is a possibility the final amount will exceed $25,000.

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13
Q

What is the effect of aggregation in CA civ pro case type?

A

If there is a multi-party case, when one of the plaintiff’s claims or defendant’s counter-claim exceeds the threshold are are moved to unlimited.

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14
Q

What automatically causes venue?

A

A local action for the title to land.

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15
Q

How is venue chosen in a transitory action?

A

(1) Any county where the defendant resides, or (2) where the transaction or event occurred.

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16
Q

Where is venue appropriate for a corporation?

A

(1) Principal place of business, (2) transaction or injury occurred.

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17
Q

What venue is appropriate for an unicorporated organization or partnership?

A

(1) Principal place of business, (2) transaction or injury, or (3) domicile of any partners.

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18
Q

How is venue determined for multi-claim cases?

A

Venue is chosen for the most important relief sought.

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19
Q

How is transfer made?

A

(1) A motion with or before a motion to strike, (2) agreement of parties.

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20
Q

When can a CA court transfer a case outside the CA system?

A

(1) Waiver, (2) Forum selection clauses, (3) interests of justice and parties justifies it upon motion.

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21
Q

What is forum inconveniens?

A

When a CA court dismisses a case so that another jurisdiction may here the case.

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22
Q

What is necessary and sufficient for service of process?

A

(1) Any 18 year old non-party may serve, (2) summons, (3) copy of the complaint.

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23
Q

How is CA subsitutive service applicable?

A

(1) Personal service MUST be tried first, (2) must be made at the usual abode, (3) left with a competent 18 year old adult who lives there, (4) informed of the contents, OR (5) by first-class mail.

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24
Q

When is subsituted service completed?

A

10 days after the certified mail.

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25
Q

What is required for service by mail?

A

You must have the defendant return the acknowledgement form.

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26
Q

How may service be done on a corporation?

A

(1) registered agent, (2) officer or general manager at the officer, or (3) someone in

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27
Q

When is service by publication available?

A

(1) after reasonable diligence to serve in usual methods with (2) an affidavit confirming the attempt.

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28
Q

How can outside CA service be done?

A

Prepaid mail with return receipt requested with signature.

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29
Q

How many days are allowed for mail & email?

A

10 days for mail, 5 days for email.

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30
Q

What is frivolous litigation?

A

Bad faith, completely without merit, or asserted for the sole purpose of harassment.

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31
Q

How does the complaint differ in CA?

A

Fact in CA, plausibility in Fed.

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32
Q

What are the contents required in pleading?

A

(1) Statements of facts, (2) judgment demanded, (3) no need to allege SMJ, because it must classify the type of case.

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33
Q

What must be included in the judgment demanded?

A

Including amount unless personal injury or wrongful death or when there is a claim for punitive damages.

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34
Q

How can a defendant get an estimate of damages?

A

A defendant can demand a statement of damages. The plaintiff must give it in 15 days or risk a court order.

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35
Q

What must be alleged for the “ultimate facts”?

A

The specific facts described in particularity that lend to the elements of each claim.

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36
Q

How may a plaintiff sue an unknown defendant?

A

(1) State unawareness of identity and (2) specify Doe.

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37
Q

What are verified pleadings?

A

Signed under oath by affidavit and can be treated as evidence.

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38
Q

When are verified pleadings required?

A

(1) Shareholder suits and (2) against the government.

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39
Q

How could a defendant respond?

A

Within 21 Days may (1) answer, (2) demur, (3) motion to quash service of summons, (4) motion to strike for inconvenient forum, (5) anti-SLAPP.

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40
Q

What is a general demur?

A

A defendants response claiming there is insufficient facts to state a claim.

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41
Q

What is a motion for judgment on the pleadings?

A

A motion by other party after both have submitted pleading.

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42
Q

What is a special demur?

A

Minor defenses such as ambiguity, lack of clarity, misjoinder, or other cases in progress.

43
Q

What is the effect of not responding by answer or demur?

A

Waiver of defense.

44
Q

When are special demurs not available?

A

In limited civil cases.

45
Q

When may a special demur be filed?

A

At least five days prior to the due date of the filing then the parties must meet. To get a 30 extension, the defendant must sign a deceleration under oath they could not meet on or before the date the demur is due.

46
Q

What is the effect of demurs?

A

Usually a plaintiff has 21 days to amend the pleadings.

47
Q

What is motion to quash?

A

(1) Lack of PJ, (2) improper process, (2) improper service.

48
Q

How shall a motion to quash be done?

A

(1) With a special appearance (2) before or with (3) a demur or motion to strike.

49
Q

What is a general appearance?

A

An appearance the addresses the merits or seeks relief.

50
Q

What is the time limit after a denial of motions to quash or demur?

A

15 days to answer.

51
Q

When should an appeal be done for a denial of motion to quash or demur?

A

A writ of mandate to the court of appeal immediately.

52
Q

What is a motion to strike?

A

The removal of claims or portions of pleading or parties.

53
Q

What is the purpose of Anti-SLAPP?

A

To prevent the chilling of free speech. Provides a special motion to strike.

54
Q

What is the effect of a motion to strike for anti-SLAPP?

A

The burden shifts to the plaintiff to prove they are NOT trying to silence.

55
Q

When should the motion not be made?

A

Suing in the interest of the general public.

56
Q

What rights are given to a defendant who succeeds in an anti-SLAPP motion?

A

The right to pursue a claim of malicious prosecution against the plaintiff.

57
Q

What claims are available to defendants?

A

(1) Against plaintiff, (2) co-defendant, (3) third-party dependant. These are ALL called cross-claims.

58
Q

How are cross claims filed?

A

As a separate document to answers or other pleadings.

59
Q

When may crosscomplaints be filed?

A

Anytime before the court date. Cross-complaints against the plaintiffs MUST be filed if for the same event or transaction to avoid waiver.

60
Q

When does the plaintiff have a right to amend a complaint.

A

Plaintiff may file before Defendant files a demur/answer or after, but before the hearing so long as it isn’t the day before

61
Q

What are the limits to complaints or crosscomplaints?

A

No more than three unless the claimant can show additional facts to cure the problem.

62
Q

When does the relation back occur?

A

(1) If there original claim was field before SOL (2) contained charge of fictitious defendant, (3) later discovered the identity.

63
Q

Are initial disclosures required in CA as in Fed?

A

No

64
Q

How are CA & Fed depos different?

A

No limit on the number taken?

65
Q

How must CA supply English Second Language Instructions?

A

Via translation or direct access.

66
Q

How are form interrogatories CA compared to Fed?

A

CA has no limit on them.

67
Q

What are the maximum number of special interrogatories?

A

Thirty five unless there is a decleration of need.

68
Q

What is “request to produce” called in CA?

A

Inspection Demand.

69
Q

What is the limit on inspections?

A

No limit in CA

70
Q

In CA how do Medical Exams differ?

A

Defendants have a right to a medical exam when it involves a personal injury.

71
Q

When are RFA unlimited?

A

In verifying documents.

72
Q

How does discovery work for limited cases?

A

(1) One deposition only, (2) combined total of 35 interrogatories, (3)

73
Q

What must a CA do when new information arises?

A

Nothing. Unlike Fed so long as the original delivery was honest there is no duty to supplement discovery.

74
Q

How many supplemental discovery motions can be made?

A

Two times before setting trial date, one after trial date was set.

75
Q

What is the scope?

A

Relevant to the subject in the action even if inadmissible such as what is reasonably calculated to lead to admissible evidence.

76
Q

What are the key shields in discovery?

A

(1) Privilege, (2) attorney work product, and (3) privacy.

77
Q

What is the CA rule on work product creation?

A

Unlike Fed, it can ONLY be generated by an attorney or agent of the attorney, except pro se may count.

78
Q

What are the discovery sanctions?

A

(1) Monetary sanctions and (2) merits sanctions.

79
Q

What are the merit sanctions?

A

Establishment order or judicial notice, barring party from supporting evidence, striking, dismissing cases, and default judgment.

80
Q

How is interpleader joined in CA?

A

With a crosscomplaint.

81
Q

What is an interpleader?

A

Property stakeholder sues potential claimants.

82
Q

What are the class action requirements in CA?

A

(1) Ascertainable class, and (2) well-defined community of interest

83
Q

What is a “well-defined community of interest?”

A

(1) Common questions predominant, (2) representative is adequate, and (3) substantial benefit to class.

84
Q

What are the types of class action in CA?

A

No types.

85
Q

Who pays for notice to class memebers?

A

Court determines which party or both.

86
Q

How is the amount in controversy determined for class actions?

A

Aggregation of all the class claim.

87
Q

What are the types of per-adjudicated judgments?

A

(1) Preliminary injunctions & TROs, (2) Voluntary dismissal granted or denied by court, (3) involuntary dismissal, (4) Default Judgment, (5) Motion for summary judgment.

88
Q

When is voluntary dismissal with prejudice?

A

After starting the trial but can be avoided without good reason or consent of the parties.

89
Q

What are the types of involuntary dismissal?

A

Failure to prosecute, abide by court process or rules.

90
Q

What is default?

A

Failure to respond in 30 days.

91
Q

What is a partial summary judgment called in CA?

A

Summary adjudication.

92
Q

When must a party move for summary judgment?

A

75 days before hearing, 14 days in response, and 5 days in reply.

93
Q

What is the right to jury trials in CA?

A

CA Constitution follows the same Fed. 7th Amendment

94
Q

When is a jury permitted?

A

(1) Questions of fact for law, (2) Judge decides the facts for equity first.

95
Q

How can a person demand a jury?

A

In writing or orally at a hearing.

96
Q

What is the number of jurors?

A

12 unless agreed to a lesser number. A trial may continue if a juror is unavailable without replacement so long as neither party objects.

97
Q

What are the differences in CA v. Fed for jury selection?

A

CA get 6 peremptory v. Fed. 3 peremptory.

98
Q

How is a verdict reached in CA?

A

3/4th in CA v. unanimous in Fed

99
Q

What should you focus on?

A

Preclusion, D responses, trial, motions at trial, personal jurisdiction, scope and enforcement of discovery, venue and transfer of venue, federal SMJ, service of process.

100
Q

What are the types of PJ?

A

(1) In personam, (2) in rem, (3) quasi in rem

101
Q

What is in personam PJ?

A

Court may render judgment against an individual based on contacts with forum state.

102
Q

What is in rem PJ?

A

Jurisdiction over property or status located in the forum state including ownership.

103
Q

What is quasi-in rem?

A

Property is located in forum state and is attached for some reason not necessarily involving the property in an action against the defendant and his assets due to fears the defendant will flee the jurisdiction. A court may render judgment as to persons with respect to the property within that state.

104
Q

What are the statutory allowances of PJ?

A

(1) service of process, (2) domicile, (3) consent, and (4) long arm.

CA Bar Prep 2022 (14 decks)

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