california civ pro

Question 1

limited civil case

Answer 1

civil case in which amount in controversey does not exceed 25k

Question 2

unlimited civil case

Answer 2

damages over 25k or equitable relief

Question 3

small claims case

Answer 3

P is individual: 10k or less
P is entity: 5k or less

Question 4

venue

Answer 4

local actions = involving land
* venue in county where land lies

if not local, transitory
* country where any D resides when case filed
* additional venue in K cases: county where K entered into or to be performed
* additional venue in personal injury or wrongful death case: county where injury occurred

for corporations:
* PPB or K/PI rules apply

unicorporated business:
* PPB or residence of any member or partner

if all Ds are not CA residents
* venue lies in any county

if CA D, then lay venue where she lives

mixed cases
* use venue where main relief sought

Question 5

transfer of venue

Answer 5

from improper:
* motion must be filed with or before answer, demurer, or MTS

from proper:
* transfer in interest of justice or convenience of W, or reason to believe impartial trial not poss in first venue, or no judge qualified to act in that county
* then transfer to county in which all parties agree (or if none, then court chooses)

Question 6

forum non conveniens

Answer 6

state courts may dismiss or stay on motion
* to order a stay or dismissal, court must find that in interest of substantial justice action should be heard in court outside CA
* looks at same factors as FC

Question 7

service of process

Answer 7

personal or substituted

substituted
* can only use SS to serve individual if PS cannot with reasonable diligence be had (meaning need to try PS first and only if not poss, use SS
* must be made on usual abode and CA distinctions: competent member of HH must be of age 18 or above, person served must be informed of the process’ contents, AND copy to D via first-class mail

service by mail
* copy of summons and complaint includes self-addressed stamped acknowledgment to return to P
* D has to return within 20 days and service deemed complete when the D executes waiver

Question 8

service on corps

Answer 8

Registered agent, officer, general manager, or someone apparently in charge of office during usual office hours

Question 9

serving outside CA

Answer 9

any in-state method, or

by mail w return receipt requested
* deemed effective on 10th day after mailing

Question 10

complaint

Answer 10

includes:
* statement of facts constituting cause of action
* demand for judgment
* no need to allege SMJ
* must state damage amount claimed (except in (a) PI and WD cases and (b) when P claims punitives
* plead with particularity for fraud, civil conspiracy, tortious breack of K, unfair business practices and product liab claims among multiple Ds resulting from exposure to toxins

Question 11

verified pleadings

Answer 11

signed under oath by the parties

can be treated as evidence for summary judgment

Question 12

D’s response– timing

Answer 12

D must respond within 30 days after service is deemed complete (longer than FC)

Question 13

demurrer

Answer 13

general demurrer– Failure to state facts sufficient to constitute a cause of action
* Like 12(b)(6) motion: court takes factual allegations as true and limits its assessment to the complaint (and matters of which it takes judicial notice)
* If the general demurrer is sustained, the court will usually let the plaintiff try again to state a cause of action
* Could raise these in answer as ADs or in a motion on judgment on pleadings if raised after answer and time for demurrer has passed

special demurrer– minor defenses, but can also raise in answer as AD

If D does not raise defenses in demurer or answer, they are waived

Parties must confer before filing demurrer
* within 5 days before ifling
* 30 day extension if D decalres good faith efforts to meet and confer but parties weren’t able to do so (must be filed on or ebfore demurrer due)
* before filing demurrer, D must include dec under oath that the parties met and could not resolve the issue or that the other party failed to meet and confer in good faith

Question 14

motion to quash service of summons

Answer 14

used to assert (1) lack of PJ, (2) improper process, (3) improper service of process

special appearance– not consenting to PJ
* MTQ must be made before or with demurrer, answer, or MTS
* GA is one that engages the merits of the case or asks the court for relief and thus waives challenges to jurisdiction and process e.g. answer, demurrer, reclassification

only way to seek court of appeals review of MTQ is via writ of mandate

Question 15

cross-complaints

Answer 15

against P:
* just like fed counterclaim
* filed at same time or before answer
* if same t/o then compulsory

against co-party
* just like cross-claim in FC
* may be filed at any time before court has set trial date
* must arise from same t/o as underlying dispute
* never compulsory

against third-party D:
* impleader in FC
* may be filed at any time before court has set trial date
* never compulsory
* usually for indemnity or contribution

Question 16

amended pleadings

Answer 16

P has a right to amend before D files answer or demurrer, or before date for filing an opposition to the demurrer

Court granting demurrer or sustaining MTS usually gives leave to amend so P can try again

but no more than three amended complaints unless P can show additional facts to cure problem

Question 17

relation back

Answer 17

True D can be substituted within 3 years of filing if:

(1) original complaint was filed before the SOL ran and contained charging allegations against the ficticious D
(2) the P was genuinely ignorant of the identity of the Doe defendant(s); and
(3) the P pleaded that ignorance in the original complaint

Question 18

discovery

Answer 18

A party can discover anything “relevant to the subject matter involved in the pending action.”

Question 19

limits on discovery

Answer 19

privleged matter (responding party must object with particularity), right of privacy, work product (material must be generated by the attorney or her agent or pro se)

Question 20

tools

Answer 20

depos (oral or on written Qs)– no presumptive limit

ESI– A deponent who is asked to produce ESI that is password protected or otherwise inaccessible must provide either (1) direct access to the ESI; or (2) a translation of the ESI in a useable (readable) form

interrogatories (only for aprties)–
* if form interrogatories (approved by judicial council) then no limit on number
* if special, then no subparts and presumptive limit is 35 (but can do more if have declaration re need for why)

req to produce
* hard copy or electronic
* no limit on number

medical exam
* need court order, except in PI case for physical injury exam
* lawyer has a right to go if physical; if mental, only if court order

request for admission
* limited number except for requests to admit genuineness of documents

Question 21

discovery in limited civil cases

Answer 21

when the plaintiff serves process, she includes a completed form questionnaire containing basic information about the case and a blank form for the defendant to complete
* otherwise only 1 depo
* combined interrogatories, inspection demands, requests for admission cannot be greater than 35

Question 22

supplemtnal disco (unlimited cases only)

Answer 22

Unlike in federal court, there is no standing duty to supplement discovery responses as long as the information given was accurate and complete when given.
* Instead, the requesting party can propound a “supplemental interrogatory” to elicit later-acquired information bearing on answers previously made or suppelemntal demand for inspection
* the limit is twice before trial date is set and once after that
–> in state court, a party must seek supplemental discovery

.

Question 23

enforcement

Answer 23

meet & confer

sanctions: monetary and merits

merits sanctions:
* Establishment order
* Barring party from supporting position with evidence
* Striking pleadings
* Dismissing P’s case
* Enter default judgment against D

A party may seek a protective order to protect against unwarranted annoyance, embarrassment, oppression, burden, or expense. (Same as in federal court.)

A party can object that ESI is not reasonably accessible because of undue burden or expense, but she must identify the categories of sources that are not accessible. (Same as in federal court.)

Question 24

class actions

Answer 24

P must show:
(1) ascertainable class and
(2) well-define community of interest
* Common Qs predominate
* Representative adequate
* Class will result in substantial benefit to parties and court

no seperate types of class actions like in FC

Individual notice not required
* may be given by publication
* Court decides who will pay for notice: rep, D, or shared

opt out:
* all class members who do not opt out are bound by the class judgment
* OO may be allowed by court

appointment of class counsel not required

approval of settlement/dismissal req (as in FC)

amount in controversy is aggregated
* to determine whether case is limited or unlimited