Civ Pro Flashcards
Subject Matter Jurisdiction
A court must have subject matter jurisdiction to hear a case. Lack of SMJ can be raised at any time
Federal Question Jurisdiction
a federal court has federal question jurisdiction over all civil actions that arise under federal laws or the constitution.
Only includes gederal issues presented on the face of the well pleaded complaint, does not include defenses, answers, or counterclaims
Diversity Jurisdiction
A federal court has diversity jurisdiction if there is complete diversity between the parties and the amount in controversy** exceeds 75k. **
Individuals are citizens where they are domiciled
corporations are citizens where they are incorporated and where they have their principal place of business/nerve center
Partnerships and LLCs are citizens where every individual partner/member is domiciled
Supplemental Jurisdiction
Supplemental jdx is discretionary with the federal court
a court with SMJ over one claim may hear other claims if they share a common nucleus of operative fact
federal q: court can hear state law claims if they share CNOF
diversity:
counterclaims: compulsory yes, permissive no, unless they meet AOC/complete diversity requirements
cross claims: yes, if CNOF
joinder: cannot destroy complete diversity
Does not extend to claims by existing plaintiffs against multiple defendants, or plaintiffs joined as necessary parties
Removal
- a defendant may remove a case from state to federal court if plaintiff’s claim could have been originally filed in federal court
- Removal to district court where the state action is pending
- must be done within 30 days of service, all defendants must consent
- Home court advantage rule
Remand
case can be remanded back to state court if
-lack of SMJ at any time
-improper removal (lack of consent from all defendants, untimely, home court advantage rule), within 30 days of removal
California Subject Matter Jurisdiction
Small claims: 12k or less for inviduals, 5k or less for other litigants
Limited cases: 35k or less
Unlimited: more than 35k
aggregates all claims, including cross claims
Reclassification of California JDX
unlimited to limited: verdict will necessarily fall below 25,000.01
limited to unlimited: possibility will exceed 25k
Personal JDX analysis
**Traditional bases: **served in forum state (federal, doesn’t count if you are there for court/depo), consent, domicile
Long arm statute: test whether it’s constiuttional
Minimum Contacts: purposely avail, foreseeablility, specific v. general (domicile or specific/continuous contacts)
Fairness: interest of forum state, burden on defendant, interest in judicial efficiency, shared interests in the states
In Rem jdx
action against real or personal property to settle property rights of all persons
Quasi in rem
determines only the interests of the parties to the action regarding property located in the forum state
Service of Process
notice must be reasonably calculated to apprise D of pendency
must have summons and copy of complaint
Who: any nonparty 18 or older
When: wihtin 90 days after filed complaint
Methods: personal service, D’s usual place of abode wth a person o fsuitable age/discretion who lives there, delivering to D’s agent, othe rmethods allowed by law, officer/agent of corporation,
CA methods: publication and service on a nonresident by first class mail requiring a return receipt, requires follow up mailing for substituted service
Federal exceptions to service of process
Federal interpleader act: nationwide personal jurisdiction
Bulge provision: 100 miles wihtin federal courthoes
Waiver of process
P sends form requesting D waive service by returning form within 30 days, federally it extends time to file answer to 60 days
Venue in California
Claim arose elsewhere: county where any D resides, any county if no D is from CA, where the contract was executed or performed, or where the injury occured
Transfer: fair trial can’t be held in original county, convenience requires, no judge qualified
Federal Venue
venue is proper in a district in which any D resides as long as they all reside in the same state, or where a substantial part of the claim arose. Otherwise, anywhere where Dis subject to personal jurisdiction. the residence of an individual is their domicile, the residence of a business entity is where they are subject to personal jurisdiction
Transfer in federal court
original venue proper: permitted to any district where case might have been brought or where all parties consent. applies law from transferor court
original venue improper: dismiss or transfer case to proper district, choice of law is transferee court,
forum non conveniens: may dismiss if most appropraite forum is state or foreng court
Choice of Law
a federal court sitting in diversity will apply federal procedural law and state substantive law.
substantive laws: statute of limitations, elements of cliam/defense, conflict of law, burden of proof, things that will change the outcome
procedural: FRE, attoreys fees, jury issues
essentially: if there is a conflict between state and federal alw, and no federal rule is on point, court will apply state law if it is outcome determinative, or if it prevents forum shopping
CA choice of law rules
Federal court in CA applies CA conflict of law rules
Tort: applies government intrest approach
Contract: gov’t interest absent a valid choice of law clause, choice of law clause is invalid unless chosen state has substnail relaionthsip to parties or transaction and it is consistent with CA public policy
Government Interest Test
IF the laws of two or more states conflict, evaluate whether each state has an interest in applying their own law. If each state does, then balance impairment of each state’s interests.
Complaint
Federal: notice pleading, short and plain statemetn to provide notice to opposint party
California: fact pleading
Special pleading: particularity needed for fraud or special damages
Must include: grounds for smj, statement of claim and entitlement to relief, demand for judgment of relief sought
Federal joinder: between same P and D, join as many claims of whatever nature
CA joinder: at least one common question of law or fact
Reponse to Complaint
Must respond with answer or motion within 21 days of service (or 60 in federal if waived service)
Answer
Fed timing: 21 days after service, 60 days if waived, or 14 days after response to motion to dismiss
CA timing: 30 days after service, or wihtin 10 days after demurrer resolution
must admit or deny and raise affirmative defenses or counterclaims
affirmative defenses: Statue of frauds, statute of limitations, fraud, res judicata, contributory negligence
CA: objecting to personal jdx in an answer is a general appearance and WAIVES PJ, D must file a cross complaint instead of alleging her cross claim in the answer
Motion to Dismiss
Rule 12(b) motion (Fed):
anytime: lack of subject matter jdx, failure to state a claim, failure to join necessary party
waived if not first response:
lack of personal jdx, improper venue, insufficient service of process
standard: treat well pleaded facts as true, view pleading in light most favorable ot P
**CA: ** object with a demurrer or a **motion to quash **because parties must meet and confer before a demurrer
Motion for judgment on the pleadings
allows a court to dispose of a case when material facts are not in dispute and judgment on the merits can be acheived based on the pleadings
CA: must meet and confer first
Motion for more definite statement
if pleading is so vague or ambiguous that a party cannot reasoanbly draft a responsive pleading, then the responding party may request a more definite statement
Motion to strike
if pleading contains insufficient defense or reduant, immaterial, impertiinet, or scandalous material, then the court may upon motion or upon its own initiative order that it be stricken
CA: requires meet and confer, must be within 30 days
Reply to answer
Fed: within 21 days after being serviced with court order to reply (not ordinarily needed)
CA: files separate answer to cross complaint