California Civil Procedure Flashcards
Limited Civil Cases
Cases with amount in controversy of $25,000 or less; restrictions on SMJ, equitable claims, declaratory relief. (Aggregate claims of same P.)
Reclassification standard (2)
Unlimited –> Limited = recovery > $25k “virtually unobtainable”
Limited –> Unlimited = “possibility” verdict > $25k
California PJ Standard
Cal. long arm coterminus w/ const. DPC, so two steps of analysis essentially collapsed
Venue for Transitory Actions
(1) County in which any D resides (if no Cal. D –> any county);
+ (2) CONTRACT: county of contract formation or performance
+ (3) PERSONAL INJURY: county of injury
Tort Conflict of Laws (3)
(1) Are laws different?
(2) Does each state have an interest? –> true conflict if yes
(3) Analyze comparative impairments
Statute of Limitations
Generally accrues when P suspects or should suspect injury was caused by wrongdoing
Service of Process (4)
(1) Personal delivery
(2) Substituted service + mailing
(3) Mail
(4) Publication
Requirements for complaint
(1) statement of facts (ultimate facts on each element of each cause of action)
(2) demand for judgment (except not punitive damages, personal injury, or wrongful death)
General demurrer
Raises issues with SMJ or failure to state a claim
Special demurrer
Raises issues with pleading including, misjoinder, uncertain peadings, etc.
Motion for judgment on pleadings
Same as general demurrer but can be filed after answer
Motion to quash service of summons
Objection to personal jurisdiction, process, or service of process; must be served ASAP (before or w/ demurrer, answer, or motion to strike) or waived
Anti-Slapp Motion standard
(1) D makes showing cause of action arises from 1A protected activity
(2) P shows probability of prevailing on merits
Answer
Filed w/i 30 days. Can be general or specific denials
Requirements for Doe amendments (4)
(1) Original complaint timely filed and contains allegations against all Ds
(2) Plaintiff was genuinely ignorant of name of fictitious D
(3) Plaintiff’s ignorance pleaded in complaint
(4) No more than 3 years since filing
Counterclaims and crossclaims in California
Cross complaints
Standard for discoverable information
Relevant to the subject matter involved in the pending action
Right to privacy
Court balances need to discovery against right to privacy, considering whether (1) legitimate privacy interest, (2) reasonable expectation of privacy, (3) suffered serious invasion of privacy
SJ timing
60 days after general appearance of non-moving party and at least 75 days before hearing
Number of jurors for verdict
Three-quarters
Grounds for relief from judgment
Mistake, inadvertence, surprise or excusable neglect. Must be within six months. Must grant if accompanied by atty affidavit
Interlocutory orders as of right (6)
(1) Grant of motion to quash service of summons
(2) Granting FNC motion
(3) Granting new trial
(4) Denying JNOV
(5) Granting or denying an injunction
(6) sanctions > $5,000
Res Judicata (4)
(1) valid final judgment on merits (once appeals over and doesn’t count if jx, venue, indispensable parties, or SoL)
(2) same claimant against same D
(3) same cause of action or claim (primary rights doctrine)
(4) actually litigated or could have been litigated
Collateral estoppel
(1) final judgment
(2) actually litigated and determined
(3) essential to judgment
(4) identical issue
(5) party against whom issue will be precluded is same or in privity
(6) (if non-mutual), consider fairness for use.
General apperance
A D makes a general appearance with the filing of a demurrer, answer, or motion to strike
Discovery limits
(1) no presumptive limits on depositions (only 1 in limited case, though)
(2) 35 interrogatories and requests for admission
Work product
Only counts if generated by atty or atty’s agent (unlike in federal where it can be generated by party and representative of party)
Involuntary dismissal
Discretionary if case not brought to trial w/i 2 years of filing; Mandatory if (1) case not brought to trial w/i 5 years of filing or (2) process not served w/i 3 years of filing
Mixed equity/law cases order
Equity by judge first; then law by jury
Number of jurors
12 unless alternate agreement (8 in expedited trial)
Prohibited peremptory classes (6)
race, COLOR, RELIGION, sex, NATIONAL ORIGIN, SEXUAL ORIENTATION
Writ of mandate
Appellate court COMPELS lower court to do something
Writ of prohibition
Appellate court STOPS lower court from doing something
Standard for extraordinary writs (3)
(1) Irreparable harm without writ
(2) Normal route of appeal is inadequate
(3) Party seeking writ has beneficial interest in outcome
