Cal Civ Pro

Question 1

Limited v. Unlimited Civil Case

Answer 1

Limited: amount in controversy does not exceed $25,000
P cannot recover more than $25,000.

Unlimited: amount in controversy over $25,000, everything else

Question 2

If there is a motion to reclassify from unlimited to limited, reclassification is okay if the judge finds the case . . .

Answer 2

(1) will necessarily result in a verdict of $25,000 or less or
(2) more than $25,000 is virtually unobtainable

Question 3

If there is a motion to reclassify from limited to unlimited, reclassification is okay if the judge finds

Answer 3

there is a possibility the verdict will exceed $25,000

Question 4

What is the relevant place for laying venue in state superior court?

Answer 4

An appropriate county

Question 5

Local Action v. Transitory Action

Venue

Answer 5

Local action is a case related to particular land. Venue is proper int he county where the land is.

If transitory, venue is proper (1) in any county where any defendant resides when the case is filed; (2) where a contract was entered into or performed; (3) where the injury occurred.

Question 6

If the defendant is a corporation, where is venue proper in state court?

Answer 6

Where (1) it has its principle place of business or (2) where it entered or performed contract; or (3) where the injury occurred.

Question 7

If D is an unincorporated business, venue is okay where?

Answer 7

In the county of its principle place of business if on file with secretary of state. Otherwise where any meter or partner resides.

Question 8

Where is venue proper where all defendants are non-California residents?

Answer 8

Any county

Question 9

California Complaint Contents

Answer 9

(1) Statement of facts constituting the elements of each cause of action in ordinary and concise language
(2) demand for judgment for relief to which the pleader claims to be entitled.

Question 10

State Court: Defendant must respond within ______ days after service of process is deemed complete.
Federal Court: ______

Answer 10

30

21

Question 11

General Demurrer

Answer 11

Can be used to assert some defenses. Most important, failure to state facts sufficient to constitute a COA

Question 12

How may a defendant assert the defense of failure to state facts sufficient to constitute a cause of action?

Answer 12

(1) General demurrer

(2) Answer

Question 13

Motion to Quash Service of Summons

Answer 13

Used to assert

(1) Lack of PJ
(2) Improper process; and
(3) Improper service of process

Question 14

What happens if P sues D, then D files a demurrer, then, two days later, files a motion to quash service of summons

Answer 14

D has waived PJ, improper process, and improper service of process defenses because D made a general appearance by filing the demurrer first.

Question 15

P sues D. D files an answer in which he asserts the affirmative defense of lack of PJ.

What result in federal court?
In state court?

Answer 15

Federal: PJ not waived because affirmative defense was raised in first Rule 12 response.
State: D has waived PJ defense because she made a general appearance by answering first.

Question 16

When must a motion to miss or motion to stay for inconvenient forum be brought to avoid waiver?

Answer 16

Must be before demurrer or motion to strike but can come after an answer.

Question 17

Motion to strike

Answer 17

Party can file it to strike all or part of any pleading if irrelevant, false, or improper

Question 18

Relation Back in state court

Answer 18

Relation back is okay if P substitutes a true defendant within 3 years of filing and

(1) original complaint was filed before SOL ran and contained charging allegations against the fictitious defendants;
(2) P was genuinely ignorant of the identify of the Doe defendant; and
(3) P pleaded that ignorance in the original complain.

Question 19

Are there required disclosures in state or federal court?

Answer 19

No in state court, yes in federal.

Question 20

How to get discovery info from non-party in California?

Answer 20

Serve them with a subpoena duces tecum

Question 21

Duty to supplement discovery responses federal v. state

Answer 21

State, no duty to supplement discovery responses if the information was accurate and complete when given. Must request supplemental discovery
Federal, duty to supplement

Question 22

Scope of state discovery

Answer 22

Anything relevant to the subject matter involved in the pending action

Question 23

California Class Action Rule

Answer 23

When the question is one of a common or general interest of many persons and it is impracticable to bring them all before the court, one or more may sure or defend for the benefit of all.

(1) ascertainable class and
(2) well defined community of interests

Question 24

When is dismissal mandatory in CA?

Answer 24

If the case is not brought to trial within 5 years of filing or
process has not been served within three years of filing

Question 25

CA. When can the clerk enter a default judgment?

Answer 25

(1) D has notice of the application for entry of default
(2) And
(a) D did not response at all
(b) contract or judgment claim
(c) sum certain in money
(d) not served by publication and
(e) P provides affidavit with relevant facts

Question 26

Case Management Conference

Answer 26

Court must hold initial CMC within 180 days after filing of complaint to review service, pleadings, discovery issues, potential ESI problems, appropriateness of ADR, settlement, trial date, etc.

Question 27

Number of jurors in state court v. federal

Verdict requirements

Answer 27

State: 12 unless parties agree in open court to lesser number. 3/4th of the jurors required for a verdict. (Or 8 and 3/4 if expedited)
Federal: at least 6, decision must be unanimous

Question 28

Motion for directed verdict (state) and Judgment as a matter of law (fed)

what is the standard?

Answer 28

Move at the close of evidence.

Reasonable people could not disagree as to the result.

Question 29

Motion for judgment notwithstanding the verdict (state) and Renewed Motion for judgment as a Matter of law (fed)

standard, timing

Answer 29

Standard: reasonable people could not disagree as to the result.

Timing: In state, must file notice of intention to move before entry of judgment or—within 15 days of notice of entry of judgment or 180 days after entry (whichever is first)
Federal, must move for motion for judgment asa matter of law before jury deliberations to preserve right for renewed motion.

Question 30

Motion to set aside judgment

Answer 30

Can move for mistake, inadvertence, surprise or excusable neglect, within reasonable time not to exceed six months.

Question 31

Timing for filing notice of appeal

Answer 31

Must be filed in trial court within 60 ays after mailing or service of the notice of entry of judgment or 180 days after entry of judgment if no notice served.

Question 32

Claim and issue preclusion are _______ so defendant should raise them in her ________.

Answer 32

Affirmative defenses; answer

Question 33

Effect of appeal for purposes of claim and issue preclusion. Federal v. state

Answer 33

Federal: even if first judgment has been appealed, it is entitled to preclusion effect.
Cal: If on appeal, no preclusion.

Question 34

“On the merits” for preclusion purposes?

Answer 34

Federal: Any judgment unless it was based on jurisdiction, venue, or indispensable parties.
State: Same plus if based on statute of limitations.

Question 35

Claim or cause of action for claim preclusion purposes

Federal v. State

Answer 35

Federal: all rights to relief arising from the same transaction or occurrence
State: primary rights—separate cause of action for each right invaded. (e.g. personal injuries and property damage are different COAs