California Civil Procedure

Question 1

Subject Matter Jurisdiction (California)

Answer 1

Classification of cases based on the amount in controversy: small claims, limited, and unlimited. Rule: CCP § 85-86

Example sentence: Understanding subject matter jurisdiction is crucial for determining which court has the authority to hear a particular case.

Question 2

Small Claims Division (California)

Answer 2

Jurisdiction for cases where the amount in controversy does not exceed $10,000 for individuals and $5,000 for businesses. Annual limitation of two actions exceeding $2,500. Rule: CCP § 116.220

Example sentence: Small claims division provides a streamlined process for resolving disputes involving smaller amounts of money.

Question 3

Limited Civil Cases (California)

Answer 3

Cases with demands of or property worth $25,000 or less. Differences include lower costs, limited discovery, and no injunctions. Rule: CCP § 85

Example sentence: Limited civil cases are ideal for handling legal matters involving relatively small sums of money.

Question 4

Unlimited Civil Cases (California)

Answer 4

Cases where the court can award any amount, has extensive discovery, and can provide various kinds of relief. Rule: CCP § 88

Example sentence: Unlimited civil cases offer a wider range of remedies and typically involve higher stakes.

Question 5

Reclassification (California)

Answer 5

Process of reclassifying cases between limited and unlimited based on the potential amount of recovery. Rule: CCP § 403.040

Example sentence: Reclassification allows for adjustments in the handling of cases as new information emerges.

Question 6

Aggregation of Claims (California)

Answer 6

Aggregation is allowed virtually any way possible, determining jurisdiction based on combined claims. Rule: CCP § 1048

Example sentence: Aggregation of claims can impact the court’s jurisdiction by combining related legal matters.

Question 7

DELETE Personal Jurisdiction (California)

Answer 7

Court’s authority over a particular person or property, using domicile, personal service, or consent. Rule: CCP § 410.10

Example sentence: Personal jurisdiction ensures that the court has the power to make decisions affecting individuals or their property.

Question 8

DELETE Internet Cases (California)

Answer 8

Jurisdiction based on intentional business conducted within California via the internet. Rule: CCP § 410.10

Example sentence: Internet cases raise unique jurisdictional issues due to the nature of online commerce.

Question 9

Improper Joinder (California)

Answer 9

A plaintiff may not obtain venue by joining a defendant who is not a proper party. Rule: CCP § 379

Example sentence: Improper joinder can complicate legal proceedings by involving parties who are not relevant to the case.

Question 10

Local Actions (California)

Answer 10

Actions involving real property or community property, venue lies where the property is located. Rule: CCP § 392

Example sentence: Local actions focus on legal disputes that directly impact real estate or shared community assets.

Question 11

Transitory Actions (California)

Answer 11

Actions that could occur in any location, venue is where the defendant is located. Rule: CCP § 393

Example sentence: Transitory actions can be brought in various locations based on the defendant’s presence.

Question 12

Mixed Actions (California)

Answer 12

Actions involving both local and transitory issues, venue determined by main relief sought. Rule: CCP § 395

Example sentence: Mixed actions require careful consideration of venue based on the primary legal issues involved.

Question 13

Transfer of Venue (California)

Answer 13

Motion to transfer venue for impartial trial, convenience of witnesses, or no qualified judge. Rule: CCP § 397

Example sentence: Transfer of venue can be requested to ensure a fair and efficient legal process.

Question 14

Forum Non Conveniens (California)

Answer 14

Court may dismiss an action if it should be heard in another forum. Rule: CCP § 410.30

Example sentence: Forum non conveniens allows for the dismissal of cases that would be more appropriately handled in a different jurisdiction.

Question 15

Pleadings and Service of Process (California)

Answer 15

Includes complaints, demurrers, answers, and cross-complaints. Service must be within three years or sixty days for Fast Track cases. Rule: CCP § 583.210

Example sentence: Proper pleadings and service of process are essential for initiating and responding to legal actions.

Question 16

Methods of Responding to Pleadings (California)

Answer 16

Includes answers, general denials, and affirmative defenses. Default judgment if the defendant fails to respond. Rule: CCP § 431.30

Example sentence: Understanding the methods of responding to pleadings can help parties protect their legal rights in court.

Question 17

Default Judgment (California)

Answer 17

Procedure for obtaining a default judgment if the defendant fails to respond to a pleading. Rule: CCP § 585

Example sentence: Default judgment may be issued when a defendant fails to participate in the legal process.

Question 18

Amendment of Pleadings (California)

Answer 18

Pleadings may be amended before an answer is filed or later with the court’s permission. Rule: CCP § 473

Example sentence: Amendment of pleadings allows parties to correct errors or add new information to their legal documents.

Question 19

Fictitious Names (California)

Answer 19

Permitting listing of Doe defendants when the plaintiff does not know the name of a defendant. Rule: CCP § 474

Example sentence: Fictitious names are used in legal proceedings to account for unknown parties involved in a case.

Question 20

Relation Back (California)

Answer 20

Allows an amended complaint to relate back to the original complaint for statute of limitations purposes. Rule: CCP § 474

Example sentence: Relation back doctrine can preserve a plaintiff’s legal claims even if they are amended after the statute of limitations has expired.

Question 21

DELETE Statutes of Limitations (California)

Answer 21

Rules on when the cause of action accrues and the delayed discovery rule. Rule: CCP § 335-349.4

Example sentence: Statutes of limitations establish time limits for filing legal claims and protect defendants from stale allegations.

Question 22

Joinder of Parties (California)

Answer 22

Mandatory and permissive joinder of parties, including indispensable and conditionally necessary parties. Rule: CCP § 378-379

Example sentence: Joinder of parties ensures that all relevant individuals are included in a legal action for efficient resolution.

Question 23

Class Actions (California)

Answer 23

Certification of class actions based on common interest or numerous parties. Rule: CCP § 382

Example sentence: Class actions allow multiple individuals with similar claims to join together in a single lawsuit for collective relief.

Question 24

Interpleader (California)

Answer 24

Device in contract or property action to join all adverse claimants in the same action. Rule: CCP § 386

Example sentence: Interpleader can help resolve disputes involving competing claims to the same property or funds.

Question 25

Intervention (California)

Answer 25

Permitting a third person to become a party to an action or proceeding. Rule: CCP § 387 ## Footnote Example sentence: Intervention allows interested parties to participate in a legal case to protect their rights or interests.

Question 26

Impleader (California)

Answer 26

Bringing in a third party who may be liable for the plaintiff’s claim. Rule: CCP § 428.10 ## Footnote Example sentence: Impleader allows defendants to involve additional parties who may share responsibility for the legal dispute.

Question 27

Remedy for Frivolous Pleadings (California)

Answer 27

Judges may impose sanctions for frivolous tactics or delay. Rule: CCP § 128.7 ## Footnote Example sentence: Frivolous pleadings can lead to legal consequences for parties who abuse the court process.

Question 28

Vexatious Litigators (California)

Answer 28

Courts may require a vexatious litigator to obtain leave of court before filing new claims. Rule: CCP § 391 ## Footnote Example sentence: Vexatious litigators may face restrictions on their ability to file new lawsuits without court approval.

Question 29

DELETE Discovery (California)

Answer 29

Scope of discovery, including depositions, interrogatories, requests for production, and requests for admission. Rule: CCP § ## Footnote Example sentence: Discovery allows parties to gather evidence and information to prepare for trial in civil litigation.

Question 30

DELETE Frivolous Pleadings (California)

Answer 30

Judges may impose sanctions for frivolous tactics or delay. Rule: CCP § 128.7 ## Footnote Example: The judge imposed sanctions on the attorney for filing a frivolous pleading.

Question 31

DELETE Vexatious Litigators (California)

Answer 31

Courts may require a vexatious litigator to obtain leave of court before filing new claims. Rule: CCP § 391 ## Footnote Vexatious litigators are individuals who repeatedly file baseless lawsuits.

Question 32

DELETE Discovery (California)

Answer 32

Scope of discovery, including depositions, interrogatories, requests for production, and requests for admission. Rule: CCP § 2017.010 ## Footnote Discovery is a crucial part of the litigation process for gathering evidence.

Question 33

Expert Trial Witness Exchange (California)

Answer 33

Exchange of expert witness information after setting the initial trial date is required by both parties. Rule: CCP § 2034.210 ## Footnote Expert witnesses provide specialized knowledge in trials to help the court understand complex issues.

Question 34

DELETE Discovery Sanctions (California)

Answer 34

Types of sanctions for misuse of the discovery process. Rule: CCP § 2023.030 ## Footnote Sanctions can include monetary fines or limitations on evidence.

Question 35

DELETE Privileges (California)

Answer 35

Main privileges include attorney-client privilege, attorney work-product privilege, and privacy rights. Rule: CCP § 2018.030 ## Footnote Privileges protect certain communications and information from disclosure in court.

Question 36

DELETE Summary Judgment (California)

Answer 36

A party may move for summary judgment if there is no triable issue of fact. Rule: CCP § 437c ## Footnote Summary judgment can help expedite the resolution of a case without a full trial.

Question 37

Judgment on the Pleadings (California)

Answer 37

Motion for judgment on the pleadings, challenging the sufficiency of the opposing party’s pleadings. Rule: CCP § 438 ## Footnote This motion is made before any evidence is presented in court.

Question 38

Voluntary Dismissal (California)

Answer 38

The plaintiff may dismiss her complaint or any cause of action asserted in it before the actual commencement of trial. Rule: CCP § 581 ## Footnote Voluntary dismissal allows the plaintiff to end the case without prejudice.

Question 39

Involuntary Dismissal (California)

Answer 39

Court may dismiss an action due to failure to prosecute, lack of service, or failure to bring the action to trial within the statutory period. Rule: CCP § 583.410 ## Footnote Involuntary dismissal is typically a final decision by the court.

Question 40

Pre-Trial Conferences (California)

Answer 40

Held to set the date and time of trial, determine trial procedures, and finalize witness and exhibit lists. Rule: CCP § 575 ## Footnote Pre-trial conferences help streamline the trial process.

Question 41

Severance or Consolidation of Issues for Trial (California)

Answer 41

Court may order separate trials or joint hearings based on convenience and to avoid prejudice. Rule: CCP § 1048 ## Footnote Severance or consolidation helps manage complex cases more efficiently.

Question 42

Trial by Jury (California)

Answer 42

Jury verdicts need not be unanimous; agreement by three-fourths of jurors is sufficient. Rule: CCP § 618 ## Footnote Jury trials are a fundamental right in many legal systems.

Question 43

Directed Verdict (California)

Answer 43

Motion for directed verdict (JMOL) at the close of evidence. Rule: CCP § 630 ## Footnote A directed verdict is requested when the evidence is so one-sided that a verdict in favor of one party is legally required.

Question 44

Judgment Notwithstanding the Verdict (JNOV) (California)

Answer 44

Post-trial motion challenging the jury’s verdict. Rule: CCP § 629 ## Footnote JNOV is granted when the jury's decision is clearly against the weight of the evidence.

Question 45

DELETE Motion for New Trial (California)

Answer 45

Statutory grounds for granting a new trial, including jury misconduct and newly discovered evidence. Rule: CCP § 657 ## Footnote A new trial may be granted if there were errors during the original trial.

Question 46

Relief from Judgment (California)

Answer 46

Relief for mistake, inadvertence, surprise, or excusable neglect. Rule: CCP § 473 ## Footnote Relief from judgment is a remedy for parties who have made errors in the legal process.

Question 47

Primary-Rights Doctrine (California)

Answer 47

Determines whether a litigant can bring a new cause of action in a subsequent lawsuit based on separate primary rights. Rule: CCP § 1048 ## Footnote The primary-rights doctrine helps prevent multiple lawsuits over the same underlying issue.

Question 48

Res Judicata and Collateral Estoppel (California)

Answer 48

Prevention of re-litigation of matters decided in prior adjudications. Rule: CCP § 1908 ## Footnote Res judicata and collateral estoppel promote finality and judicial economy.

Question 49

Finality of Judgment (California)

Answer 49

Defines the parties bound by a judgment and expanded definition of privity. Rule: CCP § 1908 ## Footnote Finality of judgment is important for the enforcement of legal rights.

Question 50

Appeal (California)

Answer 50

An appeal may be taken only from the final judgment, and specific orders are appealable. Rule: CCP § 904.1 ## Footnote Appeals provide a mechanism for reviewing errors made during the trial process.

Question 51

Alternative Dispute Resolution (California)

Answer 51

Includes arbitration, mediation, and negotiation with special rules for contractual and judicial arbitration. Rule: CCP § 1280-1294.2 ## Footnote ADR methods offer parties a way to resolve disputes outside of traditional litigation.