California Civil Procedure Flashcards
Jurisdictional Classifications
Limited cases: $25,000 or less
Unlimited civil cases: Exceeds $25,000
Small claims for limited cases of $10,000 or less.
(Can be reclassified upwards, or downwards if recovery of more than $25,000 is “virtually unobtainable”)
Venue
Individuals: Any California county in which any D resides, or where the K was entered into.
Corporations/Entities: Principal place of business, K entered into, or obligation/liability arose.
SOL
In California the cause of action accrues when the P suspects or should have suspected injury caused by wrongdoing. Cali also has equitable tolling.
California Service of Process
Substituted Service of Process, where you leave a copy of summons and complaint at authorized locations with specific individuals, MUST BE FOLLOWED BY A MAILING to the D.
Outside California: (i) first class mail; (ii) must have long arm jurisdiction over the person.
Foreign Country: Fed rules.
California Pleading Requirements