Civ Pro 9 - Sheet1 Flashcards
Civil Procedure
Is there risk of issue or claim preclusion after a default judgment?
Issue Preclusion: NO
Claim Preclusion: YES
Civil Procedure
When is a case classified as limited or unlimited?
(1) Initially in the complaint by P
- not considering attorney’s fees interest or cost
- if not mentioned, it is assumed unlimited
- jdx is NOT lost if misclassified
(2) May be reclassified
-Automatic by court clerk
-On motion by party
-On motion by court w/o considering merits
*court may consider material beyond the pleadings (e.g. other awards)
Civil Procedure
If there is a motion to reclassify a case (limited/unlimited), what is the standard?
(1) Unlimited –> Limited
- Case will necessarily result in a verdict of $25k or less
(2) Limited –> Unlimited
- Possibility the verdict will exceed $25k
Civil Procedure
In determining if a case is limited or unlimited, will the court aggregate claims?
YES
- Unrelated claims of P against D
- Related claims of P1 and P2
Civil Procedure
Are special demurrers available in limited cases?
NO, only in unlimited cases.
Civil Procedure
Can P assert a claim against a fictitious D?
YES IF:
- P is genuinely unaware of D’s identity
- P may assert a claim against ‘Doe’
NOTE:
This is not allowed in federal court
Civil Procedure
Are demurrers ‘granted’ or ‘sustained’
Sustained
Motions are granted or denied
Demurrers are sustained or overruled
Civil Procedure
When must a motion to quash service of summons be made?
Before or with a demurrer or a motion to strike.
OR it is waived.
Civil Procedure
What defense is a motion to quashed service of summons used to raise?
(1) Lack of pjdx
(2) Improper process
(3) Improper service or process
-This is known as a ‘special appearance’
Civil Procedure
What are the names of the CA joinder claims?
(1) Cross complaint
- against P
- against co-D
- against impleader 3rd party
(2) Intervention
(3) Interpleader
Civil Procedure
Is it easier to join a 3rd party (3rd party impleader) in CA or Federal Court?
CA
CA allows if same T/O
Fed allows if indemnity or contribution only
Civil Procedure
How many depositions may a party take in a limited case?
ONLY 1
Civil Procedure
What are the 5 CA discovery tools?
(1) Depositions
- Party or non-party with subpoena
- Subpoena Duces Tecum (bring items)
- No limit
- No hour limit
(2) Interrogatories
- Parties only
- 35 max (may serve more w/ a declaration)
- No max for Forum Interrogatories
(3) Request to produce
- Party or non-party with subpoena
- 30 days response time
- Not allowed in limited cases
(4) Physical or mental exams
- 1 allowed for PI cases as a matter of right
(5) Request for admissions
- Party only
- 35 max (unless issue of doc genuineness-unlimited)
- Not allowed in limited cases
- 30 days response time
Civil Procedure
What is the CA standard for discoverable material?
Anything relevant to the subject matter involved in the pending action.
-This is slightly broader than federal court
Civil Procedure
CA Class Action ‘Big Picture’
(1) Ascertainable class
(2) Well defined community of interest
- rep is adequate
- common questions predominate
- class will result in substantial benefit to parties and court
(3) No ‘types’
- Unlike fed court
(4) Notice may be by publication
- Unlike fed court (individual notice required)
(5) Claims may be aggregated to meed unlimited requirements
- Fed looks only to Rep to determine AIC (diversity jdx)
(6) Classification based on aggregate value of class claims
(7) Court need not appoint class counsel
(8) Settlements/Dismissals must be approved by court
