California Civil Procedure

Question 1

California Jurisdictional Issues (3 types of cases)

Answer 1

Small Claims
Limited Case
Unlimited Case

Question 2

Small Claims

Answer 2

Dispute does not exceed $7,500

Question 3

Limited Case

Answer 3

The demand or value of the property in controversy does not exceed $25,000.

Discovery is limited.

Question 4

Unlimited Case

Answer 4

Anything that doesn’t classify as Small Claims or Limited

Question 5

California Long Arm Statute

Answer 5

A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of the United States.

Question 6

Rule 12(b) Defenses: CA Specific Pre-Answer Attack

Answer 6

Demurrer

Definition: Even if the claim were true, it fails to legally state a cause of action that would allow for a recovery.

Question 7

California Substituted Service of Process is permitted only if…

Answer 7

The process “cannot with reasonable diligence” be personally delivered to an individual defendant.

Note: Corp ∆ is always served via substituted service on its designated agent.

Question 8

California “Fact” Pleading State: Definition

Answer 8

A system of pleading requirements that mandates that submissions to the court, like complaints and answers, include all the facts needed to back up their allegations.

Question 9

California complaints shall contain…

Answer 9

(1) The name of the court and county where the action is brought;
(2) Title of the action;
(3) Names of all parties (unless a class action, then just first party is sufficient)