Cal Civ Pro

Question 1

What law does CA apply in “true conflict” tort cases?

Answer 1

A “true conflict” under conflict rules in a tort action exists when two or more states have an interest in the application of their own laws to the parties’ dispute. Under California’s three pronged conflict of laws test governing tort actions, the court

1) First determines whether the laws of the two (or more) states or other jurisdictions involved in the dispute are identical.
2) If not, it next determines whether each state has an interest in the application of its laws.
3) If so, it is at this stage that the court will find that a true conflict exists. The court will then perform a comparative impairment analysis to determine which state’s interest would be more impaired by the application of the other state’s law.

CA is not a state that applies the law of where injury occurred

Question 2

Must a complaint state amount of damages sought?

Answer 2

YES! Must state compensatory, but does not have to state the punitive.

unless exception => wrongful death, PI

Question 3

delayed discovery rule for PI

Answer 3

starts when D start to suspect she may be harmed wrongdoing; does not have to know who exactly D is., doe snot have to have actual knowledge of the harm.

Question 4

supplemental interrogatory

Answer 4

party files if wants an update on the previous answers.

Note: party may not, however, serve a continuing interrogatory that would require the responding party to supplement an initially correct answer with information acquired later.

Question 5

Settlement offer made and rejected by OP

Answer 5

• cannot be used at trial as evidence (except to determine damages)
• if a side offers and OP says no, OP will generally have to pay for the additional costs of litigating if does not end up actually getting more money through judgment.

Question 6

Will Res Juticada bar a claim that could have been litigated in the first action, but was not?

Answer 6

Yes, Any cause of action that was actually litigated or that could have been litigated in the prior action will be subject to claim preclusion in the subsequent action.

Question 7

What does the court ask to determine whether the case must be reclassified (limited/unlimited)?

Answer 7

Unlimited to Limited => is more that $25k virtually unobtainable?

Limited to unlimited => is there a possibility that verdict will be more than $25k?

Question 8

Does waiver of service give D more time to respond?

Answer 8

Not in CA (yes in fed)

D must return a waiver form within 20 days, or must pay for P’s expenses of serving actually.

Question 9

What is “Fast-Track”

Answer 9

seeks to dispose of all unlimited civil cases within 2 years of their filing by establishing relatively short deadlines for various litigation events,

• 60-day period in which to properly serve a complaint.
• Most general civil cases are subject to Fast Track requirements, except for probate cases, juvenile and family law matters, small claims actions, unlawful detainer actions, and certain other civil petitions.

The Act, however, does not establish grounds for dismissal of a plaintiff’s action for the failure of her attorney to comply with deadlines, and the principal obligation for managing and pacing litigation resides with the court.

Question 10

Nonsuit motion

Answer 10

Partial directed verdict

Only D can bring it after P’s opening statement or presentation of evidence.

Standard: the court must weigh whether the nonmoving party has presented sufficient evidence as a matter of law to establish a prima facie case

Question 11

Interlocutory appeals include

Answer 11

• an order granting or dissolving an injunction,
• an order made after an appealable judgment,
• an order granting a new trial or
• granting a motion to quash service of summons