Civil Procedure (California) Flashcards
What are two key types of jurisdiction?
Personal jurisdiction and subject matter jurisdiction
How do you satisfy personal jurisdiction? What are the key elements
You must satisfy both California statute and the constitution. The California statute reaches the constitutional limits.
Key elements:
- purposeful availment
- foreseeability
- Relatedness
- Fairness
PJ - Does an interactive website constitute purposeful availment?
Yes. But a passive website probably doesn’t.
What is the main court in California?
The Superior Court
What are the three classifications for courts in the Superior Court?
- Limited Civil Cases: $25k or less
- Unlimited Civil Cases: More than $25k
- Small Claims: Individual P, 10K and less; Business P, $5k or less
What kind of jurisdiction does the Superior Court have?
General jurisdiction. It can hear most any case, other than certain federal cases arising in bankruptcy, securities laws, patent, etc.
How do you determine the amount in controversy for purposes of classifying a case?
Consider the claims alone, and not costs.
Can cases be reclassified if the amount in controversy was incorrectly determined?
Yes, and the applicable court will not lose SMJ. The case will just be reclassified (i) automatically by the clerk of court if the amount in controversy changes or (ii) on moion of any party.
Is court permitted to look beyond the pleadings to classify a case?
Yes, and the court must consider any judicial arbitration award that applies.
Does the number of claims have an effect on how a case is classified?
No, the entire case is either limited or unlimited.
Venue: What is a local action?
A case relating to land: its recovery, determination of an interest, or recovery for an injury to land.
Venue: What is the appropriate venue for a local action?
County where the land lies
Venue: What is a transitory action?
An action that is NOT a local action
Venue: What is the appropriate venue for a transitory action?
Any county where any defendant resides when the case is filed
Venue: What is the appropriate venue for a contract action?
Any county where the contract was entered into or was to be performed.
Venue: What is the appropriate venue for a personal injury / wrongful death action?
Any county where the injury occured
Venue: What is the appropriate venue for a action where the D is a corporation?
Any county where the corporation:
- has its principal place of business
- entered into or is to perform a contract
- where the breach occurred or liability arises
Venue: What is the appropriate venue for a action where the D is an unincorporated business entity?
Any county:
- where the business has its PPB as filed with the state
- where any member/partner resides
Venue: What is the appropriate venue where all Ds are non-residents?
Plaintiff may select any county
Venue: What is the appropriate venue where there are multiple Ds, and at least one CA resident?
Venue must be proper with respect to the CA resident
Venue: What is the appropriate venue when the case involves multiple claims?
The venue associated with the main relief sought.
Venue: How is a case transferred?
If original venue was IMPROPER, D may move to transfer to proper venue in his Answer, Demurrer, or Motion to strike.
If original venue was PROPER, court may grant a motion to transfer if (i) reason to believe can’t have impartial trial, (ii) convenience of witnesses and promotes justice, (iii) no judge is qualified to act. Parties may agree on new venue, or judge will select if they cannot
Venue: When is defendant required to move for a transfer of venue?
With or before his Answer, Demurrer, or Motion to Strike
Venue: is a forum selection clause enforceable?
Yes, unless they identify a forum that is not permitted under the general rules
Venue: What is the rule of Inconvenient Forum?
By California statute, the court may dismiss or stay an action if it concludes that an action should be heard outside of California for the interests of substantial justice.
Like in federal rules, this is where the action should be heard in different legal forum - and CA doesn’t have the authority to transfer it there
What is necessary for proper process?
Summons and a copy of the complaint
Who may serve process?
Any NON-party that is at least 18
What are the five methods of serving process?
- Personal
- Substituted Service
- Business Delivery
- Service by publication - last resort
What are the requirements for substituted service?
Must be made:
- at D’s usual abode
- left with a competent member of the house who is at least 18
- person must be informed of the contents
- process must also be mailed to the D
When is substituted service effective?
10th day after required mailing
What is required for service by mail?
- Copy of summons and complaint
- Two copies of acknowledgment
- Self-addressed stamped envelope
What is the timeline for service by mail?
- D has 20 days to return the form
- It is deemed complete when the De executes the acknowledgement/waiver
What is required for service by publication?
-Affidavit from P’s lawyer showing that D cannot be served after reasonably diligent attempts to serve in another way
How can you serve process outside of California?
- Any methods permitted instate
- By mail, with prepaid postage - deemed effective on the 10th day after mailing
How can you serve process outside of the US?
Same as federal
Are you immune from service of process if you are witness in another case?
No, you are subject to service for civil cases in state courts.
But you are immune from service with respect to federal actions
What is the rule regarding frivolous litigation?
There is a rule that mirrors Federal Rule 11, whereby attorney must certify that to her knowledge after reasonable inquiry, complaint:
- not for an improper purpose
- legal contentions are warranted by law
- factual contentions and denials of factual contentions have evidentiary support (or are likely to after further investigation)
What are remedies for violation of frivolous litigation?
- Sanctions can be levied against the party, the attorney or the firm.
- California statute permits court to order a party, an attorney or both to pay the other party’s fees and expenses resulting from the frivolous actions
What is the difference between Federal Rule and CA rule for curing violations with respect to frivolous litigation?
California’s 21-day safe harbor period to cure is broader than federal. It includes motions brought by a party and also when issue is raised by the court sua sponte
What is frivolous?
Something raised completely without merit or for the sole purpose of harassing an opposing party.
What is required in the Complaint?
(1) Demand for judgment for the relief sought
(2) California follows fact pleading. There must be a statement of the “ultimate facts” constituting a cause of action, in ordinary and concise language. These must be included on EACH ELEMENT for EACH CAUSE of action.
What is the special rule for Complaints in personal injury and wrongful death actions?
Plaintiff cannot state a damages figure
What is the special rule for Complaints re: punitive damages?
Plaintiff can never state the amount of punitive damages.
What does defendant do when Complaint is not permitted to show certain damages figures? What is P’s required timing in response?
D must request a statement of damages. P must provide it within 15 days.
What is the pleading standard for claims involving fraud?
There is a heightened pleading standard that requires plaintiff to allege with more specificity.
What is plaintiff required to do in a “Doe” pleading?
- name defendant as a “Doe”
- allege that she does not know Doe’s true identity
- state a cause of
What is special about verified pleadings?
They can be treated as evidence for purposes of summary judgment. Because they are signed under oath.
What is timing for Defendant’s response to the Complaint?
Within 30 days of service of process. (Federal is 21)
What is an appropriate response to a complaint?
- Answer
- General Demurrer
- Special Demurrer (rare)
What is main use of a general demurrer?
- Asserting that there is a failure to state facts sufficient to constitute a cause of action.
- Can be used to assert other defenses as well
What are the special rules, and timing requirements, for demurrers?
- Parties must meet and confer at least 5 days before filing any demurrer to try to avoid filing it.
- If cannot meet in that timeframe, D gets a 30 day extension in which to answer or demur. But D must file and serve a declaration under oath that the parties made a good faith effort to meet, and state the reasons why they couldn’t.
- Demurrer must be filed within the 30 day window, except as extended per above
What is required if parties meet and confer, but defendant files a demurrer anyway?
Declaration under oath that the parties met, but could not resolve the issues.