California distinctions Flashcards
Limited civil case
In a limited civil case, the amount in controversy does not exceed $25,000 and cannot recover more than that.
In a limited civil case, you have limited discovery, cannot file a special demurrer, have an expedited jury trial, or receive a PJ, declaratory judgment or titles to land.
Reclassification
Reclassification is available automatically if plaintiff amends, on motion, or court on its own (with notice and a hearing).
On motion, reclassification is okay if the judge finds that the case will necessarily result in a verdict of 25k or less or more than 25k is virtually unobtainable
Venue
in a local action (for recovery of land, determination of interest in land, or recovery for injury to land), venue is the county where the land lies.
For transitory actions (all others), venue is okay in a county where any defendant resides at time of filing. If all defendants are nonresidents of CA, venue is okay in any county.
Against a corp, venue is okay in the county where it has its PPB, where it entered into or is to perform a contract, or where breach occurred or liability arises.
RULE APPLIES TO MAIN RELIEF SOUGHT
Substituted service
Substituted service allowed if personal service “cannot with reasonable diligence” be had. Personal service must first be attempted.
Porcess must be left with competent member of household (> 18) at D’s abode, person served must be informed of contents, and process must be mailed by first-class mail.
Frivolous litigation
21 day safe harbor provision for Rule 11 violations applies not only in motions brought by a party but also when court raises issue on its own.
Court can order party or attorney to pay expenses and fees because of bad faith or frivolous tactics in litigation (with safe harbor provision).
Pleading damages
Plaintiff must state the amount of damages sought but MAY NOT in a personal injury or wrongful death action or where they claim punitive damages, where D must request statement of damages
Pleading requirements
Pleader must plead ultimate facts (what judge or jury must find) on each element of each cause of action.
Heightened requirements: Circumstances surrounding fraud must be plead with PARTICULARITY.
General demurrer
A demurer based on a failure to state facts sufficient to constitute a cause of action.
Can also raise lack of SMJ, defenses.
Special demurrer
Used to assert minor defenses, like uncertain/unambiguous/unintelligible, lack of legal capacity, existence of another case, defect or misjoinder, failure to plead whether contract was oral or written.
Not available in limited civil cases.
Other demurrer issues
Before filing demurrer, parties must meet and confer to try to avoid demurrer.
If demurrer is sustained with leave to amend and case is refiled, defendant cannot demur to new complaint on grounds that were available to attack the first.
Three amended complaints after sustaining demurrer allowed.
Motion to quash used for
- lack of PJ
- improper process
- improper service of process
To avoid waiving, should be made with or before demurrer, answer, or motion. If a general appearance (engages merits or asks for relief) is made, these are waived
Cross-complaint
Covers counterclaim, cross-claim, and impleader
Relation back okay if
- original complaint filed before SOL and contained charging allegations against Doe defendants
- plaintiff was genuinely ignorant of their identity
- plaintiff pleaded ignorance in original complaint
Required disclosures
No required disclosures, but if all parties stipulate, court can order initial disclosures.
Discovery from nonparty
Requests to produce not allowed, but a nonparty’s depo may be noticed and the nonparty served with subpoena duces tecum that requires them to bring things.
Medical examination
D has right to one physical exam in personal injury case.
Supplemental discovery
No standing duty to supplement discovery responses so long as info given was accurate and completed when given. Party must seek supplemental discovery (limited to twice before trial date set and once after that).
Work product
Must be generated by attorney or her agent (not representative)
Class action requirements
- an ascertainable class
- a well-defined community of interest, looking to whether common questions predominate, whether representation is adequate, or whether class will result in substantial benefit
Involuntary dismissal
State courts have discretion to dismiss if not been brought to trial within two years of filing.
Court must dismiss if case has not been brought to trial within five years, excluding stayed periods, and process has not been served within three years, excluding stays.
Default judgment may be entered by clerk when:
- defendant made no response at all
- claim is on a contract or judgment
- claim is for a sum certain in money
- defendant was not served by publication and
- P provides affidavit stating relevant facts.
Jury trial
Same right to jury trial, but in cases involving both law and equity, judge decides facts on equity cause of action here.
JNOV
Same as a RJMOL but no requirement that they have moved for directed verdict (JMOL) at trial
Remittitur or additur
CA uses both, whereas federal courts use remittitur only. Standard is “shocks the conscience.”
Motion to set aside
Party may move to set aside because of “mistake, inadvertence, surprise, or excusable neglect.” not to exceed 6 mo after judgment.
Expedited jury trial (mandatory in limited civil cases, and voluntary in unlimited
- 8 jurors and 4 peremptory challenges
- 6/8 for verdict
- 5 hours for voir dire
- agreement as to witnesses, evidence, high/low agreement
- waive the right to appeal but in limited circumstances
Statutory grounds for appeal
- denying class cert
- granting new trial
- granting motion to quash service of summons
- granting dismissal or stay of case for FNC
- denying motion for JNOV
- order re injunction
- directing sanctions of over 5k
Otherwise, must seek writ of mandate or prohibition (extraordinary and not routinely granted)
Preclusion
- If judgment has not been appealed and time has not expired, no preclusive effect (unlike federal law)
- SOL not on the merits
- primary rights doctrine
