Civil Procedure - CA Distinctions Flashcards
What are the three case classifications in CA Superior Ct?
- Small claims - $10k or less for individuals; $5k or less for other parties
- Limited - AIC is $25k or less
- Unlimited - AIC is more than $25k
In personam jurisdiction is applied to out of state Ds when
- 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
- 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
How is proper venue established in CA against corporations, associations, and partnerships?
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
Forum non conveniens in CA court
Allows dismissal of an action in the interest of substantial justice if a court in another state or nation is more convenient
Where is appropriate venue for transitory actions?
- 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
Choice of law - contracts
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.
Difference in service of process
Is that waiver of service does not extend the D’s time to respond
Complaints in CA
- 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)
Demurrer
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
Motion to quash service of summons
- 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)
Motion to Strike in CA
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)
Answer
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
Cross-complaint
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
Amendments
- 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
Relation back in CA requires
- In court cases, the amended pleading must concern the same accident and injuries as the original pleading
- 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.
Sanctions in CA
- 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
Joinder is allowed when
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
Intervention in CA is Permitted only if
Their interest is direct and immediate (less generous than the federal standard in Rule 24b)
Joinder of claims
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
A P can bring a Class Action in CA if
- 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
Discovery scope and limits
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)
Privilege in CA is
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
Materials prepared in anticipation of trial are
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.
Discovery conference in CA
Is not required; but there is a case mgmt conference required within 180 days to discuss all case aspects.
