California Civil Procedure

Question 1

CA Long Arm Statute

Answer 1

“The statute meets the constitutional limit.” Then do the same const. analysis as under Federal Rules.

Question 2

Trial Courts in California

Answer 2

One trial court - Superior Court. Each of the 58 counties has 1 superior court. Has general subject matter jurisdiction. There are limited and unlimited civil cases.

Question 3

Limited Civil Case

Answer 3

Amt. in controversy does not exceed $25,000. If exactly 25K, it’s a limited case. No claimant can recover more than 25K . Limited discovery, no special demurrer, no perm inj, dec. judg., or title to land.

Question 4

Unlimited Civil Case

Answer 4

Must exceed $25,000. Can grant gen’l equitable relief (perm. inj,, dec. actions)

Question 5

Classification/Reclassification of Cases

Answer 5

P determines classification. Must note class. in caption of complaint. If misclassified or later events change class. then reclassified: 1) Automatically by clerk of court; or 2) on motion and hearing. Case is either limited or unlimited. P can aggregate claims

Question 6

Venue

Answer 6

Case must be filed in a proper county.

Question 7

Venue - Local Actions

Answer 7

Local case is for recovery of land, determination of interest in land or injury to land.
Venue is the county where the land lies.

Question 8

Venue - Transitory Actions

Answer 8

Any action that is not a local action.
Venue is where any D resides when case is filed.
For K cases - add’l venue where K entered into or performed.
For Personal Injury or Wrongful Death - add’l venue where injury occurred.

Question 9

Venue - action against corporation or unincorp. business

Answer 9

If corporation - venue where PPB; entered into or performed K or where breach occurred.
If unincorp. business - venue where PPB if on file with Sec. of State, otherwise where any member or partner resides.

Question 10

Venie - action against nonresident

Answer 10

Venue - OK in any county. But if one CA resident, venue must be OK as to him.

Question 11

Venue - mixed cases

Answer 11

Venue - OK as to the rule that applies to the main relief sought is used.

Question 12

Venue - Transfer of Venue (original venue improper)

Answer 12

Transfer is moving from 1 county to another. Motion must be made with or before answer, demurrer or mtn. to strike.

Question 13

Venue - Transfer of Venue (original venue proper)

Answer 13

Can be transferred on mtn. if 1) reason to believe impartial trial can’t be had; 2) for convenience of witnesses and promoting
justice; 30 no judge qualified to act. If granted, moved to county parties agree on. If no agreement, court decides.

Question 14

Venue - Forum Non Conveniens

Answer 14

Far more convenient forum is in another judicial system. Court must find that “in the interest of substantial justice an action should be heard outside of CA.” Same factors as in fed. ct. Ct. may impose cond.

Question 15

Service of Process (who may serve)

Answer 15

Any nonparty who is 18 years old.

Question 16

Methods of Service

Answer 16

Personal Service - delivering to D anywhere in CA.
Sub. service - only after personal service attempted. Left w/competent mbr. of household at least 18 y.o.

Question 17

Methods of Service (add’l methods)

Answer 17

By mail - copy of summons and complaint and ack. (waiver) form. 20 days to return form. Service complete when waiver executed.
Corps. - service to registered agent for service of process, officer or gen’l mgr.
By publication - only as last resort. Aff’d from P atty that D can’t be served.

Question 18

Methods of Service (outside of CA but w/in US)

Answer 18

By mail, return receipt requested. (Diff than by mail w/in CA). Eff. on 10th day after mailing. Still need PJ.

Question 19

Methods of Service (outside of US)

Answer 19

Same as in Fed. Court.

Question 20

Complaint

Answer 20

Fact pleading. 1) St’mt of ult. facts re COA; 2) demand for j’ment; 3) if limited case caption must state limited; 4) if seeks ds must state amt except if personal injury or wrongful death claim, or punitive ds. (D asks for st’mt of ds, P must provide w/in 15 days). Heightened pleading for fraud, etc. Verified pleadings can be evid. for SJ.

Question 21

Defendant’s Response to Complaint

Answer 21

Due 30 days after service. Can file:
1. General Demurrer and Special Demurrer.
2. Answer - general denial. If state aff. defenses, must state ultimate facts to constitute an aff. defense. If P filed verified complaint, D must file veri. ans.

Question 22

Demurrers (special rules)

Answer 22

1. General Demurrer - most imp. - one based on failure to state facts suff. to constitute a COA (like 12b6) but also can raise lack of SMJ and some others. 2. Special Demurrer - for minor defenses. Parties must meet and confer. Must raise all matters in the demurrer. Demurrers are sustained or overruled.

Question 23

Claims by Defendant

Answer 23

All claims against P (counterclaim in Fed. Ct.), co-D (cross-claim in fed ct), or impleaded 3rd party D (impleader) are all called “cross-claims) in CA.

Question 24

Discovery (medical exam)

Answer 24

D has rt. to demand one physical exam in a personal injury case only.

Question 25

Discovery (Privacy)

Answer 25

CA const. recognizes rt. to privacy which could be used to limit discovery. Balance need for the info. v. the need for privacy.

Question 26

Discovery (suppl. discovery in unlimited cases)

Answer 26

No duty to supplement as long as info was accurate and complete when given. A party must ask for suppl. discovery - limit is 2X b/f trial is set and 1X after that.

Question 27

Discovery (Scope)

Answer 27

Anything “relevant to the subject matter involved in the pending action.” Relevant broader than admissible. Remember privilege, privacy, work prod. and expert issues.

Question 28

Discovery (enforcement)

Answer 28

Parties must meet b/f CMC.
Court may sanction anyone. Includes monetary sanctions, an establishment order, refusal to let party use evidence, striking pleading, dismissing case, entering default judgment.
A party can seek a protective order.
A party can object that ESI is not reasonably accessible.