Civil Procedure 13- 23 Flashcards
How is Personal Jurisdiction exerted over a non-resident defendant of the forum state?
The forum state must have a long arm statute; AND
The Constitutional requirements of due process must be met.
*Long-arm analysis requires: (1) the defendant have sufficient minimum contacts with the forum state; (2) so as not to offend traditional notions of fair play and substantial justice. BOTH prongs must be satisfied.
Priority: HIGH
What is the Constitutional Long-Arm Analysis?
Long-arm analysis requires:
D has sufficient Minimum Contactswith the forum state – either:
General Jurisdiction – contacts so substantial that D is essentially at home in the state; OR
Specific Jurisdiction – a connection between the forum state and underlying controversy.
Not offend traditional notions of Fair Play and Substantial Justice – it must be fair and reasonable for D to be sued in the forum state.
*BOTH prongs must be satisfied*
Priority: HIGH
In Federal Court, if the Summons and Complaint is NOT served upon the defendant within 90 days of filing, what must a court do?
Either:
Dismiss the action without prejudice against the defendant; OR
Order that service be made within a specified time.
*Service may be made by any person who is at least 18 years old and not a party to the action.
Priority: Low
What does the Due Process Clause require for service to be valid?
The notice must be reasonably calculated to make the parties aware of the action and give them an opportunity to object.
Priority: Low
What are the Due Process Clause requirements for service of process?
It requires that notice:
Be reasonably calculatedto make the parties aware of the action; AND
Give them an opportunity to object.
Priority: HIGH
Venue in Federal Court
When is venue proper?
In any district where:
Any defendant resides (if all defendants are residents of the forum state);
Where a substantial portion of the claim occurred;
Where a substantial part of property is located (if property is the subject of the action); OR
If none of the above apply, then venue is proper in any district in which any defendant is subject to the court’s personal jurisdiction.
*Proper venue is determined at the time the suit is filed.
Priority: Medium
Venue in Federal Court
If venue was proper when the case was filed, then when MAY the court transfer the case?
If:
Needed for the convenience of the parties and witnesses orinterests of justice; AND
The action could have initially been brought in the receiving court.
*Following a transfer, the new court MUST apply the same substantive law as the original transferor court.
Priority: Medium
Venue in Federal Court
What MUST the court do if venue was improper when the case was filed?
The court MUST either:
Dismiss the case; OR
Transfer the case to a proper court if the interests of justice require it.
*Following a transfer, the law applied is that of the new transferee court.
Priority: Medium
California State Courts – Proper Venue
Local Action
vs.
Transitory Action
Local: An action involving real property. Venue is proper in the county where the real property is located.
Transitory: Venue is proper in any county where any defendant resides.
*If no defendant resides in CA, then venue is proper in any county where the court has jurisdiction.
Contracts: Proper in county that contract was executed or performed.
Torts: Proper where act or omission giving rise to tort occurred.
Priority: Low
California State Courts – Proper Venue
When may venue be changed to another forum?
If:
Venue was improper;
There is reason to believe there will not be an impartial trial;
For the convenience of witnesses and in the interests of justice; OR
No judge is qualified to act.
Priority: Low
Residence of a Party for Venue Purposes
Corporation
vs.
Individual
vs.
Non-Resident
Corporation: Residence includes ALL districts where it is subject to personal jurisdiction.
Individual: Determined by their domicile (residence andintent to make the place their permanent home).
Non-resident: May be sued in ANY judicial district.
Priority: Medium
