Civ Pro Flashcards
CA subject Matter jurisdiction is split in 3 ways. What are the 3 ways
Limited, Unlimited, Small Business claim
Limited Civil cases
Amount in Controversy (AIC) of $25K or less. Restrictions on equitable, declaratory relief.
Unlimited Civil Cases
AIC over 25k; no other limits
Small Claims Cases
10k or less or for a business 5k or less
SMJ
Federal courts are courts of limited jurisdiction and can only hear cases where it has SMJ. SMJ exists if a) there is a federal question; b) there is diversity of citizenship among the parties; or c) supplemental jurisdiction. Subject matter jurisdiction is not waived if a party fails to raise it at trial - it may be raised at any time, even on appeal.
Federal Question
A federal question exists if a well-pleaded complaint alleges a claim that arises under federal law, the U.S. Constitution or United States treaties. Raising a federal defense is not sufficient.
Diversity JDX
Diversity jurisdiction exists when: 1) there is complete diversity of citizenship between plaintiffs and defendants; and 2) the amount in controversy exceeds $75,000.
Citizenship (person, corporation, Executors, Partners)
Citizenship for a person depends upon their domicile, (residence with a subjective intent to make the state their permanent home). For a corporation, citizenship is determined by the corporate Principal Place of Business, or nerve center where the company is controlled, or any state in which incorporated. Executors are citizens of the Decedent’s state, and partnerships are citizens of the domicile state of every partner.
AIC
– In federal courts, the AIC must be greater than $75K and alleged in good faith. A plaintiff can aggregate against one defendant, or all or all defendants if they are joint tortfeasors. If suing for injunctive relief, the AIC is based on the value of the benefit or the cost of compliance.
Supplemental JDX
If a federal court has SMJ over a claim, then it may exercise SJX over additional state claims when they arise from a common nucleus of operational facts. SJX cannot be used to circumvent lack of diversity and cannot provide for jurisdiction over third parties. SJX does not require AIC or diversity, and if not used solely to defeat diversity and the common nucleus requirements, then SJX will likely be granted.
Denying supplemental JDX
A federal court may decline SJX over state claims when: a) it raises a novel or complex issue of State law; b) it substantially predominates over the claim(s) of which the district court had original jurisdiction; c) the court has dismissed all claims of original jurisdiction; or d) in exceptional circumstances. State claims do not substantially predominate over federal claims when the facts needed to prove each claim are identical or similar.
Removal to federal court - D can only remove if
1) the federal court has SMJ; 2) all defendants agree; 3) no defendant is a resident of the forum state; and 4) removal is sought within 30 days of either service of the summons or receiving the initial pleading (whichever is shorter).
Who can never remove and what is the timeline for removal not to be an option
P; no more than 1 year after commencement in a diversity JDX
If a plaintiff files the case in a state court, a defendant must remove it to
federal district court that embraces that state court.
When must a fed court remand to state court
no federal SMJ
When MAY a federal court remand a case to State court when the Federal court orginally had SMJ
once he federal claims have been decided
A motion to remand must be filed within how many days of a request for removal
30
State courts can try a federal question case so long as
there is no implied restriction by congress
States cannot do what to a case
discriminate based on federal law
In personam JDX
– IPJ is required for a court to exercise judgment over a specific party, and normally falls into two categories: 1) the traditional bases of jurisdiction; and 2) modern bases of jurisdiction.
Traditional basis of jdx
domicile
presence when served
consent
Modern basis of jdx
long arm statute
consitutionality
Long arm statutes
Many states have adopted long-arm statutes which allow personal jurisdiction over non-residents. While long-arm statutes can differ by state, jurisdiction under a long-arm statute must satisfy the constitutional requirements for the exercise of jurisdiction. Many states, like California, have adopted long-arm statutes which extend personal jurisdiction to the limit of the Constitution.
Constitutionality - Int. Shoe
- To satisfy the Constitutional requirements for personal jurisdiction, the defendant must have such minimum contacts with the forum state as to not offend traditional notions of fair play and substantial justice.
In determining whether minimum contracts are present, courts will look to 3 things
1) the level of contacts; 2) relatedness to cause of action; and 3) whether the exercise of jurisdiction would be fair.
Minimum Contacts - In determining minimum contacts, the court looks:
1) whether the defendant purposefully availed himself of the forum state; and 2) whether the exercise of jurisdiction by the forum state would be foreseeable.
Purposeful
– The contacts were purposeful if the Defendant availed themselves of the benefits and protections of the forum state’s laws.
Is knowledge of your product being sold in another state enough under purposeful
Not by itself
What is needed for products to be considered purposeful
you need to advertise, send goods, activate a two-way website, etc.
If you drive another states roads you have
availed yourself of the protections of their traffic laws – purposefully availed.)
Foreseeable contacts
contacts were foreseeable if the defendant could foresee being haled into court based on contacts in the forum state.
Relatedness - The relatedness of a contact to the controversy determines if
the court will exert General or Special Jurisdiction.
Fair Play and Substantial Justice factors
Requires courts to consider 1) burden on defendant; 2) the state’s interest; 3) plaintiff’s relief interest; 4) interstate judicial system’s interest in efficiency; and 5) shared social policy interests.
Judgment on the pleadings standard
material facts are not in dispute and the pleadings reveal merit of the claim for either party.
When can judgement on the pleadings be filed
after an answer has been filed and pleadings are closed
Service of process - Process may be served by
anyone 18 years of age or older who is not a party to the case.
3 methods of federal service upon indiviuals are
1) deliver to the defendant personally, leave at defendant’s dwelling with someone of suitable age and discretion who resides there, or deliver to the defendant’s agent; 2) use any service method authorized by state law in the state where the action is pending or in the state where service is taking place; or 3) if the defendant has waived the right to personal service, by sending a copy of the summons and complaint by first-class mail.
How can you serve corporation
by 1) hand-delivery to an officer or a managing or general agent of the defendant;
2) any service method authorized by state law in the state where the action is pending or in the state where service is taking place; or
3) if the defendant has waived the right to personal service, by sending via first-class mail.
Venue is proper in any district where
a) any defendant resides (if all defendants are residents of forum state); b) where a substantial portion of the claim occurred; c) where a substantial part of subject/property is located; or d) if none of the above apply, then venue is proper in any judicial district where any defendant is subject to personal jurisdiction.
Proper venue is determined when
when the suit is filed; a subsequent change of domicile by a party does not warrant a change in venue.
Transfer of venue - if venue is proper, a court may transfer venue if
1) needed for convenience of parties and witnesses or interests of justice; and 2) the action could have been brought in the receiving court (proper venue and jurisdiction).
If venue was orginally proper, court must apply
substantive law of transferor court
If venue is improper when the case is filed the court must either
a) dismiss the case or b) transfer to a proper court if the interests of justice require.
If venue was improper the law applied is
the one of the transferee court
In CA a venue depends on whether
action is local or transitory action
Local action
action involving real property, and venue is proper in the county where the real property is located.
Transitory action
venue is generally proper in any county where any defendant resides. If no defendant resides in California, then venue is proper in any county where the court has personal jurisdiction over the defendant.
Contract actions - CA venue
venue is proper in the county where the contract was executed or to be performed.
Tort actions - CA venue is proper in
the county where the act or omission giving rise to the tort occurred.
Forum Non Conveniens
Allows a court to decline jurisdiction and dismiss an action if the court where the action was brought would be a seriously inconvenient forum and an adequate alternative forum exists in a foreign country.
Scope of discovery - FRE
– Discovery shall include all information: 1) relevant to any party’s claim or defense; 2) that is not privileged; or 3) is proportional to the needs of the case. The evidence sought need not be admissible at trial so long as it appears reasonably likely to lead to the discovery of admissible evidence.
Scope of discovery - CA
a party may obtain discovery of all non-privileged information that is relevant to the subject matter involved in the pending action.
Limits on scope of discovery – The Judge will determine the
benefit to the parties, the needs of the case, the amount in controversy, parties respective resources, importance of the issues and importance of the discovery in resolving those issues.
Physical or mental exams
When a person’s condition is in controversy, a physical or mental exam of the person may be requested. Court requires a good cause showing for the exam
What discovery tool is the only discovery tool that needs advance court approval
physical and mental exam
Disclosure of persons with knowledge
A party has no obligation to include in their initial disclosures information concerning individuals who have discoverable info but whom the party does not intend to use in its defenses.
26F conference & Discovery
party may not seek discovery until after a Rule 26(f) discovery conference, unless ordered by the court, stipulated by the parties, or authorized by a specific rule
26F conference
A meet and confer to plan discovery, this conference should be as soon as possible, and must take place 21 days prior to Scheduling Conference. Initial disclosures must be exchanged 14 days after the 26(f) conference, unless the court stipulates otherwise.
Request for a production of documents
allows a party to request and inspect designated documents in another party’s possession, custody, or control. The party to whom the request is directed must respond in writing (1) within 30 days after being served or (2) if the request was served prior to that conference, within 30 days after the parties’ first Rule 26(f) conference—unless a shorter or longer time is stipulated by the parties or ordered by the court.
Motion to compel
If a party fails to respond to a document request, fails to allow inspection, or objects to a request, then the requesting party may move to compel. However, with a motion to compel, there is a preference that parties first meet to try to resolve the issue before filing the motion
Interrogatories
A party may request 25 interrogatories, and if more are needed, bring this issue up at the 26(f) conference. Parties have 30 days to respond to interrogatories.
