Civil Procedure - CA Distinctions

Question 1

What are the three case classifications in CA Superior Ct?

Answer 1

1. Small claims - $10k or less for individuals; $5k or less for other parties
2. Limited - AIC is $25k or less
3. Unlimited - AIC is more than $25k

Question 2

In personam jurisdiction is applied to out of state Ds when

Answer 2

1. There are minimum contacts, established when D purposefully availed herself of CA in a substantial way such that she should have anticipated being sued here AND
2. Exercising jurisdiction would not offend notions of fair play and substantial justice

• Court balances the burden on the D against CA’s interests in deciding its citizens’ claims, judicial efficiency, and all states’ policy interests
• DOES NOT follow the majority rule that nonresident Ds are immune from ij if they are there temporarily to participate in a judicial proceeding
• Same standards for in rem, quasi in rem, and attachment jx over property belonging to OOS D

Question 3

How is proper venue established in CA against corporations, associations, and partnerships?

Answer 3

Generally, venue lies in the superior court of the appropriate cty where

• The business executed or promised to perform a contract
• A breach of contract happened
• Liability arose
• OR the corporation has its principal place of business

Question 4

Forum non conveniens in CA court

Answer 4

Allows dismissal of an action in the interest of substantial justice if a court in another state or nation is more convenient

Question 5

Where is appropriate venue for transitory actions?

Answer 5

• In the county where any D resides when the action commences
• If no D resides in CA, then in any county
• Contract actions should be where the contract was executed or performed
• Tort actions should occur where the injury happened

Question 6

Choice of law - contracts

Answer 6

If a contract has a choice of law clause stating which state law applies if there is a dispute, CA courts determine whether the law substantially relates to the parties or the transaction

• If not, then the provision is unenforceable
• If enforceable, then ct decides whether the chosen law conflicts with CA public policy
• If it does, then the court determines whether CA or the chosen state has a greater interest in the issue
• If no choice of law or it’s unenforceable, the court applies a comparative governmental interest, as in torts.

Question 7

Difference in service of process

Answer 7

Is that waiver of service does not extend the D’s time to respond

Question 8

Complaints in CA

Answer 8

• Require fact pleading, where parties must allege all material facts that give rise to each cause of action and demand for judgment, including the exact dollar amount of damages (with the exception of personal injury)

Question 9

Demurrer

Answer 9

A response to a complaint by D, similar to a 12(b) motion, that

• Generally: is based on a challenge to the court’s SMJ or argues that P has not set forth sufficient facts to establish a cause of action
• Specifically: that D lacks legal capacity; there’s another similar action pending in another court; there’s a joinder problem; pleading is unclear; or P in a contract action failed to state if it was oral or writtn

Question 10

Motion to quash service of summons

Answer 10

• Challenging PJ
• Must be made before filing any other responsive pleading
• If D objects to PJ in answer instead of motion to quash, he’s made a general appearance and has waived the objection (fed rules, D can object to PJ in a motion or an answer)

Question 11

Motion to Strike in CA

Answer 11

Strikes

• Irrelevant, false, or improper matter; or
• Any pleading that conflicts with a CA law or a court order
• Must be filed wi 30 days of the pleading being challenged
• Anti- SLAPP motion: D demonstrates that the P claim arose from D’s exercise of 1st amendment rights (D probably wins)

Question 12

Answer

Answer 12

If D’s demurrers or other motions fail, the D must file an answer wi 30 days

• Similar to FRCP 8, except D can file a general or specific denial of allegations
• Anything not denied is deemed admitted

Question 13

Cross-complaint

Answer 13

What D uses to assert a cause of action against P (cannot go in an answer). If it relates to P's cause of action, it is compulsory (permissive if it does not). P must file an answer (rather than a reply).
Covers three claims under FRCP:
- Crossclaims
- Counterclaims
- 3rd party impleaders

Question 14

Amendments

Answer 14

• Can be done freely
• P has the right to amend once before D’s demurrers, moves to strike, answers
• If a court sustains any of these things, P usually gets an opportunity to amend

Question 15

Relation back in CA requires

Answer 15

1. In court cases, the amended pleading must concern the same accident and injuries as the original pleading
2. It must refer to the same offending instrumentality

Also, when P names the wrong party, it can amend after the SOL expires. It also allows naming a Doe D, which it can amend if the original complaint was timely, sufficiently alleged facts, the P did not know the D’s name or facts or law that would allow cause of action, and stated the P’s ignorance. If all factors are met, P has 3 years from the date of filing to identify and serve any Doe Ds.

Question 16

Sanctions in CA

Answer 16

• 21 day grace period applies to where a party served the motion AND where the court acted on its own
• Party can be sanctioned for bringing a motion for sanctions for an improper purpose

Question 17

Joinder is allowed when

Answer 17

The parties have adverse claims or defenses, or their claims arise from the same transaction or occurrence and present a common question of law or fact

Question 18

Intervention in CA is Permitted only if

Answer 18

Their interest is direct and immediate (less generous than the federal standard in Rule 24b)

Question 19

Joinder of claims

Answer 19

Like federal rule 18, except when many D have been joined, there must be at least one Q of law/fact in common to every D.

• Crosscomplaints are handled how counter and crossclaims are handled
• Impleader is more liberal, where if a new party is added, it is allowed only if the new cause of action arises out of the same transaction or occurrence as P’s original complaint, or it alleges a claim in the P’s action against a 3rd party P

Question 20

A P can bring a Class Action in CA if

Answer 20

• The parties are numerous and it’s impracticable to bring them all before the court; OR the question presented is of common interests to many persons
• Requirements include: An ascertainable class with community interest among the members, where common questions of law and fact predominate; the class action will benefit the parties and the court; and the named representative will adequately represent the class
• AIC is the total of the individual class member claims
• Court determines who pays notice cost (where in fed rules it’s P)
• Any class member who does not opt out is bound
• Superior court order denying cert is immediately appealable

Question 21

Discovery scope and limits

Answer 21

Are broader than the fed standard - any material relevant to the subject matter in litigation (instead of any matter relevant to a claim or defense)

Question 22

Privilege in CA is

Answer 22

Broader because CA const contains a right to privacy, which a ct must balance against the opposing party’s need for the information. All parties must justify the claim of privilege.
- If P attempts discovery and the D objects, D would have to provide sufficient facts for the P to evaluate the merits of the claimed privilege

Question 23

Materials prepared in anticipation of trial are

Answer 23

Less protected in CA because it only applies to attorney work product or a hired investigator to record witness statements that reveal the attorney’s impressions, evaluations, tactics, etc.

Question 24

Discovery conference in CA

Answer 24

Is not required; but there is a case mgmt conference required within 180 days to discuss all case aspects.

Question 25

Depositions

Answer 25

Have a 20 day notice limit. There is no limitation on the number of depositions allowed, but length must be limited to 7 hours unless there is an exception (parties stipulate, witness is an expert, the court designates the case as complex, the D is an employer, deponent is most qualified person to be deposed, the party appeared in the case after the conclusion of regular depositions, or the court determines more time is necessary)

Question 26

Interrogatories

Answer 26

Are limited to 35 (instead of 25)

Question 27

Requests for admission

Answer 27

• Of documents: Unlimited

- All other requests: 35

Question 28

Voluntary dismissal after trial begins

Answer 28

Will be with prejudice unless the parties agree otherwise of good cause is shown.

Question 29

Involuntary dismissal occurs when

Answer 29

• P Fails to diligently prosecute,

- Ct may dismiss after 2 years of filing, MUST dismiss after 5 (or 3 if the complaint was not served)

Question 30

Summary judgment

Answer 30

A moving party can argue that opponent has no meritorious cause of action or defense. It can offer almost any evidence to show that the opponent does not have the necessary supporting evidence. IF the movant succeeds, burden shifts to the opponent.

• Must file a statement listing all material facts alleged to be undisputed, with supporting evidence for a claim, or will lose automatically, while opponent must list disputed facts with supporting evidence
• Timing: 60 days after opponent makes a general appearance. Movant must serve all papers 75 days before the hearing; opposition papers must be filed 14 days before; reply 5 days before.
• Review: through writ of mandamus

Question 31

Jury trial

Answer 31

Does not require unanimity (only 3/4 majority), standard is 12 jurors, unless the parties agree to fewer.

Question 32

Motion for nonsuit

Answer 32

Similar to rule 50(a), JMOL (DV), where D may bring a motion for nonsuit after P’s opening statement or case brief

Standard: No reasonable jury could find for the opposing party

If denied, D can present evidence or move for a directed verdict later.

Question 33

JNOV

Answer 33

Filed after a jury renders verdict, this contrasts with federal law because it does not require a prior motion for directed verdict.

Question 34

Additur/Remittitur

Answer 34

Courts can also decide a new trial will be held unless parties agree to:

Additur: adding to an inadequate award, which is not allowed in fed ct
Remittitur: reduce what the court considers an excessive verdict

Party must accept proposal within 30 days and submit a proposed amended judgment, or there is automatically a new trial re: damages.

Question 35

Relief from jmt

Answer 35

A party can ask trial ct for relief when attorney’s mistake or negligence resulted in default jmt or dismissal. CA law requires a court to grant that relief in narrow circumstances

whereas

Fed rule 60b - the dist ct has discretion to grant relief to avoid injustice

Question 36

Final judgment rule

Answer 36

Is deemed final in CA when a trial court enters judgment against 1 party and leaves no issues for decision as to that party.

Question 37

Interlocutory appeals

Answer 37

(nonfinal orders) Are usually not appealable except: when made after an appealable jmt; order granting a motion based on forum non conveniens/ quashing service of summons; granting a new trial or denying motion for JNOV; and imposing sanctions greater than $5k.

AND where there is a dispositive interlocutory order on an issue collateral to merits that directs the payment of money or performing an action.

Question 38

Res judicata

Answer 38

• A judgment is final in CA when the appeal concludes or time for appeal expires (instead of upon rendering)
• Ca follows the primary rights doctrine, where one suit involves one harm and one remedy (a fed suit would bar recovery under claim preclusion)

Question 39

Issue preclusion

Answer 39

A specific issue of law or fact that has already been determined against a party to a previous action and that party wants to relitigate the issue. This is similar to fed ct, except CA accords default and consent judgments preclusive effect as to material issues actually raised in the pleadings