California Civil Procedure Flashcards
Subject Matter Jurisdiction (California)
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.
Small Claims Division (California)
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.
Limited Civil Cases (California)
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.
Unlimited Civil Cases (California)
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.
Reclassification (California)
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.
Aggregation of Claims (California)
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.
DELETE Personal Jurisdiction (California)
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.
DELETE Internet Cases (California)
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.
Improper Joinder (California)
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.
Local Actions (California)
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.
Transitory Actions (California)
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.
Mixed Actions (California)
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.
Transfer of Venue (California)
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.
Forum Non Conveniens (California)
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.
Pleadings and Service of Process (California)
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.
Methods of Responding to Pleadings (California)
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.
Default Judgment (California)
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.
Amendment of Pleadings (California)
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.
Fictitious Names (California)
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.
Relation Back (California)
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.
DELETE Statutes of Limitations (California)
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.
Joinder of Parties (California)
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.
Class Actions (California)
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.
Interpleader (California)
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.
Intervention (California)
Permitting a third person to become a party to an action or proceeding. Rule: CCP § 387
Example sentence: Intervention allows interested parties to participate in a legal case to protect their rights or interests.
Impleader (California)
Bringing in a third party who may be liable for the plaintiff’s claim. Rule: CCP § 428.10
Example sentence: Impleader allows defendants to involve additional parties who may share responsibility for the legal dispute.
Remedy for Frivolous Pleadings (California)
Judges may impose sanctions for frivolous tactics or delay. Rule: CCP § 128.7
Example sentence: Frivolous pleadings can lead to legal consequences for parties who abuse the court process.
Vexatious Litigators (California)
Courts may require a vexatious litigator to obtain leave of court before filing new claims. Rule: CCP § 391
Example sentence: Vexatious litigators may face restrictions on their ability to file new lawsuits without court approval.
DELETE Discovery (California)
Scope of discovery, including depositions, interrogatories, requests for production, and requests for admission. Rule: CCP §
Example sentence: Discovery allows parties to gather evidence and information to prepare for trial in civil litigation.
DELETE Frivolous Pleadings (California)
Judges may impose sanctions for frivolous tactics or delay. Rule: CCP § 128.7
Example: The judge imposed sanctions on the attorney for filing a frivolous pleading.
DELETE Vexatious Litigators (California)
Courts may require a vexatious litigator to obtain leave of court before filing new claims. Rule: CCP § 391
Vexatious litigators are individuals who repeatedly file baseless lawsuits.
DELETE Discovery (California)
Scope of discovery, including depositions, interrogatories, requests for production, and requests for admission. Rule: CCP § 2017.010
Discovery is a crucial part of the litigation process for gathering evidence.
Expert Trial Witness Exchange (California)
Exchange of expert witness information after setting the initial trial date is required by both parties. Rule: CCP § 2034.210
Expert witnesses provide specialized knowledge in trials to help the court understand complex issues.
DELETE Discovery Sanctions (California)
Types of sanctions for misuse of the discovery process. Rule: CCP § 2023.030
Sanctions can include monetary fines or limitations on evidence.
DELETE Privileges (California)
Main privileges include attorney-client privilege, attorney work-product privilege, and privacy rights. Rule: CCP § 2018.030
Privileges protect certain communications and information from disclosure in court.
DELETE Summary Judgment (California)
A party may move for summary judgment if there is no triable issue of fact. Rule: CCP § 437c
Summary judgment can help expedite the resolution of a case without a full trial.
Judgment on the Pleadings (California)
Motion for judgment on the pleadings, challenging the sufficiency of the opposing party’s pleadings. Rule: CCP § 438
This motion is made before any evidence is presented in court.
Voluntary Dismissal (California)
The plaintiff may dismiss her complaint or any cause of action asserted in it before the actual commencement of trial. Rule: CCP § 581
Voluntary dismissal allows the plaintiff to end the case without prejudice.
Involuntary Dismissal (California)
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
Involuntary dismissal is typically a final decision by the court.
Pre-Trial Conferences (California)
Held to set the date and time of trial, determine trial procedures, and finalize witness and exhibit lists. Rule: CCP § 575
Pre-trial conferences help streamline the trial process.
Severance or Consolidation of Issues for Trial (California)
Court may order separate trials or joint hearings based on convenience and to avoid prejudice. Rule: CCP § 1048
Severance or consolidation helps manage complex cases more efficiently.
Trial by Jury (California)
Jury verdicts need not be unanimous; agreement by three-fourths of jurors is sufficient. Rule: CCP § 618
Jury trials are a fundamental right in many legal systems.
Directed Verdict (California)
Motion for directed verdict (JMOL) at the close of evidence. Rule: CCP § 630
A directed verdict is requested when the evidence is so one-sided that a verdict in favor of one party is legally required.
Judgment Notwithstanding the Verdict (JNOV) (California)
Post-trial motion challenging the jury’s verdict. Rule: CCP § 629
JNOV is granted when the jury’s decision is clearly against the weight of the evidence.
DELETE Motion for New Trial (California)
Statutory grounds for granting a new trial, including jury misconduct and newly discovered evidence. Rule: CCP § 657
A new trial may be granted if there were errors during the original trial.
Relief from Judgment (California)
Relief for mistake, inadvertence, surprise, or excusable neglect. Rule: CCP § 473
Relief from judgment is a remedy for parties who have made errors in the legal process.
Primary-Rights Doctrine (California)
Determines whether a litigant can bring a new cause of action in a subsequent lawsuit based on separate primary rights. Rule: CCP § 1048
The primary-rights doctrine helps prevent multiple lawsuits over the same underlying issue.
Res Judicata and Collateral Estoppel (California)
Prevention of re-litigation of matters decided in prior adjudications. Rule: CCP § 1908
Res judicata and collateral estoppel promote finality and judicial economy.
Finality of Judgment (California)
Defines the parties bound by a judgment and expanded definition of privity. Rule: CCP § 1908
Finality of judgment is important for the enforcement of legal rights.
Appeal (California)
An appeal may be taken only from the final judgment, and specific orders are appealable. Rule: CCP § 904.1
Appeals provide a mechanism for reviewing errors made during the trial process.
Alternative Dispute Resolution (California)
Includes arbitration, mediation, and negotiation with special rules for contractual and judicial arbitration. Rule: CCP § 1280-1294.2
ADR methods offer parties a way to resolve disputes outside of traditional litigation.
