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.
