Civ Pro 6 - Sheet1 Flashcards
Civil Procedure
What is in personam jurisdiction
P wants to impose a personal obligation on D personally, not D’s property.
(1) Served with process in the state
(2) Domiciled in the state
(3) Do things in the state (conduct business)
Civil Procedure
What is the TEST for the Constitutional analysis for in personam jdx?
Does D have such minimum contacts with the forum so that exercise of jdx does not offend traditional notions of fair play and substantial justice?’
TRADITIONAL:
- Domiciled
- Consents
- Present and served in the forum state
CONSTITUTIONAL DP (factors)
(1) Minimum Contacts
- ‘Purposeful availment’ AND
- Foreseeability (of suit)
(2) Realtedness
- specific personal jx (directly related to activities)
- general personal jx (essentially at home in the forum, continuous and systematic ties)
(3) Fairness (fair play and substantial justice)
(a) Convenience
- Sever disadvantage
(b) State Interest
- Providing a forum for its citizens
(c) Plaintiff’s Interest in obtaining a remedy and having her choice of forum
Civil Procedure
What is ‘purposeful availment?’
D used the state:
- Roads
- Business
Civil Procedure
What is the difference between general and specific personal jdx?
(1) General
- If you are essentially at home in the state, as evidenced by continuous and systematic contacts with this forum, you may be sue for anything in this state
(2) Specific
- If your use of the forum is directly related to the cause of the suit, you may be sued in that forum
Civil Procedure
When can a website subject you to personal jdx?
If the website is interactive and not passive.
Civil Procedure
What type of JDX do CA Superior Courts have?
General Subject Matter JDX.
- They can hear any civil case
- They cannot hear cases that federal courts have exclusive jdx over (e.g., trademark, bankruptcy, antitrust, etc.)
Civil Procedure
What is a limited civil case and why is it important?
- Any case thats AIC ²$25k
- Can never recover more than $25k
- Limited pleading and discovery
Civil Procedure
What is the difference between a local and transitory action for purposes of CA Venue?
(1) Local Action:
- Deals with land
- Venue = where ever that land is
(2) Transitory Action:
- All other cases
- Venue =
(a) where all D’s reside; or
(b) where the contract was entered or to be performed
(c) where the injury occurred
(d) anywhere if all D’s are non-residents
Civil Procedure
When can a CA court transfer venue even though the original venue is proper?
Original Venue Proper:
(1) Cannot have an impartial trial
(2) Convenience of witnesses and ends of justice would be promoted; or
(3) No judge qualified to act
Original Venue Improper:
(1) D files notice of motion requesteing transfer of venue and serves copy on Plaintiff;
(2) If court finds original venue improper, court transfers venue
(3) Prevailing party may get costs of making/defending the motion.
NOTE:
The parties either agree on new forum OR
If no agreement, judge decides.
Civil Procedure
What is inconvenient forum?
CA version of Forum Non Conveniens
If there is a FAR more appropriate venue, a court may dismiss (usually without prejudice) (or stay) to allow P to file in that court.
This occurs if transfer is impossible because the proper venue is in a different judicial system (another state or foreign).
Court may force D to waive PJDX or SOL
Civil Procedure
Who may serve process?
Any NON-party who is at least 18.
This is the same as federal court
Civil Procedure
What is the difference between state and federal substitute service of process?
Federal
- do not need to attempt personal service
- give to person of suitable age/discretion who resides at D’s abode
- person need not be 18
- do not need to mail process
STATE
- Only may be used if personal services cannot be done with reasonable diligence
- Must be made at D’s usual abode
- Must be left with a competent member of the household who is at least 18
- That person must be informed of the contents
- Mailed 1st class postage prepaid to D
Civil Procedure
Can services be made outside of CA?
YES.
In any manner allowed by CA law.
OR
By 1st class mail, postage prepaid.
Civil Procedure
Does CA have immunity from process for those who appear for another case?
NO.
-If D appears for a CIVIL case, D may be served with process for another case. He is not immune.
NOTE:
This is unlike federal law.
