Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

civ pro > Civ Pro california > Flashcards

Civ Pro california Flashcards

1
Q

what is the statutory analysis for personal jurisdiction in CA?

A

the statute reaches the constitutional limit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

limited civil cases are cases

A

cases in which the amount in controversy does not exceed $25k

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

in a limited case, no claimant can recover more than

A

$25k

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

unlimited civil cases include cases where P:

A

sues to determine title to land, or seeks general equitable relief (permanent injunction, declaratory relief) or if the amount is over $25,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

small claims cases

A

P is individual: $10k, P is an entity: $5k

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is required if the a party or the court moves to reclassify a case

A

notice to all parties and a hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a local action

A

a case for recovery of land, or determination of an interest in land, or to recover for injury to land, which includes trespass

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

in a local action, where do we lay venue?

A

the county where the land lies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In CA state court, venue choices are:

A

(1) a county where any defendant resides when case is filed (2) county where contract was intered into or to be performed (3) in personal injury or wrongful death actions: in the county where injury occurred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

in CA state court, venue choices for a corporation are

A

(1) PPB (2) where it entered or is to perform a contract (3) where the breach occurred, or where liability arises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Where is venue okay if all Ds are non-residents of CA?

A

any county, but if there is a CA resident, venue must be proper as to her

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When can D move to transfer venue if original venue is improper?

A

with or before the answer, demurrer, or motion to strike

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Are venue selection clauses enforced?

A

only if it specifies a proper venue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

methods for serving process inside CA

A

(1) personal service) (2) Substituted service if personal service isn’t possible (3) service by mail (4) corporations and other businesses: deliver process to agent, officer, or general manager (5) service by publication if attorney affidavit says D can’t be served normally; aka last resort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

substituted service requirements

A
  1. try personal service first 2. D’s usual abode 3. competent member of household who is at least 18 4. that person must be informed of the contents and 5. process must also be mailed by first class mail, postage prepaid to D
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

service by mail

A

copy of summons and complaint and two copies of acknowledgment (waiver form), with self-addressed stamped envelope addressed to P. same as waiver, but just called service.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

service by mail: how long does D have to return the form?

A

20 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

service process outside CA

A

any of the in state methods, OR mail, postage prepaid, return receipt requested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

complaint must include

A

statement of facts constituting cause of action and demand for judgment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

in what kind of cases is P forbidden from stating a damages amount in the complaint?

A

personal injury or wrongful death, and punitive damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

In personal injury and wrongful death cases / punitive damages, how does D find out about amount

A

D requests a SOD, which P must provide within 15 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what is special about verified pleadings?

A

they may be treated as evidence for summary judgment

23
Q

in CA state court, when must D respond to a complaint?

A

w/i 30 days after service (federal = 21)

24
Q

what are general demurrers

A

used to assert defenses, including failure to state facts sufficient to constitute a cause of action

25
Q

in what cases are special demurrers not available?

A

limited civil cases

26
Q

before filing a demurrer, what must parties do?

A

meet and confer, at least 5 days before filing the demurrer

27
Q

demurrers are either

A

sustained or overruled

28
Q

motion to quash service of summons is used for what defenses?

A

1) lack of PJ 2) improper process 3) improper service of process

29
Q

if the court denies motion to quash, D must plead within:

A

15 days

30
Q

If D files an ant-SLAPP motion to strike the suit, what happens if D shows he was sued for protected activity?

A

burden shits to P to show probability of winning on the merits

31
Q

When does a cross complaint against P need to be filed?

A

before or at same time as answer

32
Q

In CA state court, the person against whom any cross-complaint is asserted must do what?

A

respond w/i 30 days of when service is effective

33
Q

required disclosures?

A

no

34
Q

difference in number of depos b/w state and federal court?

A

state: no presumptive limit; federal court: no more than 10

35
Q

max number of special interrogatories in state court?

A

35

36
Q

IN state court, in what case can D demand a physical examination of P?

A

personal injuries

37
Q

in limited civil cases, how many depos can a party take?; how many interrogatories, inspection demands, and requests for admission?

A

one deposition; combined total of 35

38
Q

diff b/w supplemental discovery in state and federal court?

A

in state court: must seek supplemental discovery, in federal court: standing duty to supplement discovery responses

39
Q

what is the standard for privacy in relation to discovery in CA?

A

Balance the need for info against the need for privacy

40
Q

how is work product different in federal court than CA court

A

in federal can be generated by the party or any representative of a party, not just attorneys; in CA: only attorney or her agent

41
Q

interpleader

A

where someone (stakeholder) is in possession of property but knows that several people (claimants) want it. stakeholder does not want to get sued by each of claimants, so he sues them in interpleader and court figures out who owns it

42
Q

what are requirements for a state class action

A
  1. an ascertainable class and 2. a community of interest
43
Q

what will the court look at to consider if there is a well defined community of interests

A
  1. common Qs predominate 2. representative is adequate and 3. class will result in substantial benefit to parties and court
44
Q

When do CA state courts have discretion to dismiss?

A

if the case has not been brought to trial, or D has not been served w/ process, within 2 years

45
Q

when must CA state courts dismiss?

A
  1. case not brought to trial w/i 5 years of filing OR process not served w/i 3 years of filing
46
Q

if a motion is aimed at determining less than the whole case, what is it called?

A

summary adjudication

47
Q

Does the CA court grant right to a jury trial?

A

right to a jury to determine cases of law, not equity

48
Q

equity clean up doctrine

A

if the center of gravity of the case is the equity cause of action, no jury

49
Q

In CA state court, how many peremptory challenges?

A

6

50
Q

how many juror members required for a verdict?

A

9/12

51
Q

timing or motion for JNOV or motion for new trial?

A

must file intention to move either before entry of judgment, or the earlier of (1) 15 days of mailing or service of notice of entry of judgment or (2) 180 das after actual entry of judgment

52
Q

what are differences for an expedited jury trial?

A

8 jurors, juror vote required for 6/8; each side has up to five hours to complete voir dire and present its case, right to appeal waived if voluntary

53
Q

when must notice of appeal be filed?

A

60 days after notice of entry of entry of judgment or 180 days after entry of judgment if no notice is served

civ pro (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions