California Distinctions

Question 1

What is substituted service of process?

CALIFORNIA

Answer 1

If personal service cannot be made, service can be performed through:

1) First-class mail

2) Postage prepaid

3) Requires a return receipt if within US but outside California

Question 2

When is venue proper in California?

Answer 2

1) Any counter where any defendant resides in

2) If personal injury, where the injury occurred

3) If breach of contract, where the contract was executed

4) If against a corporation, venue is proper where obligation or liability arose, or where corpo has PPOB

Question 3

In California, how are equitable and legal issues tried?

Answer 3

1) Equitable issues FIRST

2) Then, legal issues to jury SECOND

[Federal is the opposite]

Question 4

In California, what is the primary rights doctrine re: claim preclusion?

Answer 4

You can sue someone for different suits if they involve different primary rights!

• I.E. a property damage vs. personal injury claim will not be precluded

[Federal is opposite because claims occur from same transaction/occurrence]

Question 5

In California, what are the three classifications of cases?

Answer 5

Limited: Claim is less than or equal to 25k

• Limited discovery

Unlimited: Claim is more than 25k.

• Unlimited discovery

Small: AIC is 10k, FOR INDIVIDUALS and 5k or les by other parties.

Question 6

In California, when is venue proper?

Answer 6

In any county where:

1) Real property is located

2) Where defendant resides

3) Where contract signed or executed

4) Where personal injury occurred

Question 7

In California, when is service proper?

Answer 7

GO DOWN IN DESCENDING ORDER

1) Personal Service

2) Substituted Service

• Serve adult at P’s home or POB

3) Mail

4) Publication

Question 8

In California, are special appearances to argue PJDX permitted?

Answer 8

Yes, but you are subjected to PJDX as a result!

Question 9

In California, when is transfer of venue proper?

Answer 9

1) Venue is improper (not correct county)

2) Venue is proper, but:

• Fair trial cannot be held
• More convenient for witnesses and fairer to move trial to another county
• No judge is qualified to act
• Forum Non Covenies; substantial justice requires another state or nation to hear

Question 10

In California, what type of pleading is required?

Answer 10

Fact Pleading!

• Allege all material facts
• Exact dollar amount of damage (except personal injury)

Question 11

In California, what are motions to dismiss called?

Answer 11

They are called demurrers.

You need a **special demurrer* to challenge PJDX, else you consent.

Question 12

In California, when how long does someone have to serve notice after filing a complaint, and how long does someone have to answer?

Answer 12

Notice: 60 Days

• Contrasts 90

Answer: 30 Days

• Contrasts 21

Question 13

In California, how do courts handle conflicts of laws?

Answer 13

1) Real Property: Apply law where property is located

2) Contract: Either apply compare government interests between each states, or, if choice of law provision, honor that unless contrary to public policy

3) Torts: Government interest test