CivPro Flashcards
Personal Jurisdiction Roadmap
(1) Traditional Bases
(2) Long Arm Statute
(3) Due Process/Minimum Contacts
(4) Fairness
Traditional Bases
(1) Domicile
(2) Consent
(3) Presence when served
(4) In Rem Jx
Long Arm Statute
ALWAYS needed to exercise jx over non-resident defendant.
Due Process/Minimum Contacts
Due Process requires that the defendant have minimum contacts with the forum so that PJ doesn’t offend traditional notions of fair play and substantial justice.
2 Kinds: General & Specific
General Jurisdiction
Contacts must be SYSTEMATIC and CONTINUOUS that they render defendant ESSENTIALLY AT HOME.
Essentially home limited to domicile -> State of Inc. or PPOB
Specific Jurisdction
(1) Purposeful availment of the privileges and benefits of forum (like use of roads)
(2) Foreseeability
(3) Relatedness, claim arose out of or is related to contacts
Ford v. Montana Rule
Specific defective product does not need to be manufactured in the harm. Defendant just needs contacts related to the product in the forum.
Fairness
(1) Trial in forum not GRAVELY DIFFICULT or INCONVENIENT
(2) Forum has INTEREST in providing redress
(3) P’s INTEREST in convenient relief
Federal Service of Process
Anyone over 18, and not a party, can serve.
Effective Service:
(1) Personal
(2) Left at usual home with some of suitable age and discretion
(3) Service on officer or agent
(4) According to State rule
Federal Foreign Service of Process
(1) international agreement,
(2) under foreign law, or
(3) unless prohibited, by personal service or by mail with return receipt requested.
CA Service of Process
Anyone over 18, and not a party, can serve.
Effective Service:
(1) personal service,
(2) substituted service (leaving copy ay authorized locations with specific individuals, plus mailing a copy),
(3) service by ordinary mail (BUT ONLY with returned Notice and Acknowledgement of Service), and
(4) service by publication (4 weeks in newspaper of general circulation).
Subject Matter Jurisdiction
(1) Federal Question or
(2) Diversity Jurisdiction
Complete Diversity
Person - Domicile
Corp - (1) State of Inc or (2) PPOB
Alien - resident or subject of foreign nation, and NOT a legal resident of US in the same state as the other party
CANNOT have aliens on both sides
Aggregating Claims
P can aggregate all claims against D and all
claims against JSL Ds but NOT separate claims against multiple defendants
Mult cannot aggregate claims against UNLESS single title or right in a common interest
Supplemental Jx
Claims share COMMON NUCLEUS OF OPERATIVE FACTS
Federal Venue
Proper district where
(1) 1 Defendant resides IF all D reside in same state OR
(2) Substantial part of the events occurred there. BUT
(3) If not 1 or 2, apply district where ANY D would be subject to personal jurisdictionistr
Federal Transfer of Venue
(1) Was OG proper?
(2) Is new one proper?
(3) Does balance of factors favor new venue
CA Venue
Proper COUNTY where
(1) Any county that D resides A, and
(2) For K, county where obligation is performed or K was entered into and
(3) For PI, county of the injury
CA Transfer of Venue
(1) Court may transfer when: NO judge
qualified, convenience of witnesses, ends of justice promoted by change
(2) Balance convenience
Forum Non Conveniens
Proper venue moving to more convenient venue.
Public Factors: (Availability of forum, P’s choice, forum’s interest)
Private Factors: (where are the witnesses, evidence, cause of action)
Erie Doctrine Approach
Federal court sitting in diversity must apply state substantive and federal procedure. When there is a conflict:
(1) Federal rule on point? use it
(2) FRCP or Statute enacted under REA? Use it
(3) If still conflict, is the use of one or the other outcome determinative? IF YES, use state rule.
Removal
(1) Requires federal jx
(2) ONLY defendant can remove, all defendants must join
(3) D CANNOT remove if sued in state court in state of residence
(4) Timely - within 30 days after service
Federal - Notice Pleading
(1) Short and plain statement or jx grounds
(2) Short and plain statement of claim showing that pleader is entitled to relief and
(3) demand for judgment for relief pleader seeks
PLAUSIBLE
CA - Fact (Code) Pleading
(1) Statement of facts constituting cause of action
(2) Ultimate facts - raise issues upon the right to recover depends
(3) Legal conclusions/evidentiary facts may be stricken
(4) NO negative pregnant
Doe Amendments
(1) Timely filed against all defendants, including Does;
(2) P is GENUINELY ignorant of the identities and
(3) Ignorance is pleaded
Federal Rules - Relating Back
D can be added after SOL IF:
(1) amendment arises out of same conduct or transaction AND
(2) within 90 days, new defendant received notice AND knew or should have known they were the right Ds
Demurrer Pleadings
(1) General: Complaint fails to state facts that constitute cause of action
(2) Special:
- P lacks capacity to sue
- Another action pending
- Failure to join
- pleading uncertain
- Complain fails to allege whether K is oral or written
Motions to Strike
(1) Irrelevant, false or improper matter
(2) Incoherent or extraneous allegations
(3) evidentiary rather than ultimate facts
CA Anti-SLAPP Motion to Strike
(1) D must show challenged conduct arises from exercise of 1st Amendment rights
(2) IF SO, P must prove probability of prevailing
(3) if P can’t motion to strike complaint is granted
Compulsory Joinder
(1) Necessary (full relief without party)
(2) Possible without destroying diversity
(3) IF not possible, is the absent party indispensable?
Permissive Joinder
(1) Clam relates to same transaction
(2) Common question of law or fact
Discovery Scope
(1) Federal: limited to any non-privileged matter that is relevant to claim/defense
(2) CA: broader, info that is relevant to the subj matter in the pending action
Initial Disclosures (FRCP 26(f))
(1) contract info of people likely to have discoverable information
(2) copies or descriptions of documents supporting clams/defenses
(3) computation of damages and supporting material
(4) insurance agreements
Work Product
FRCP - show substantial need/undue hardship; avoid attorney’s mental impressions, opinions, conclusions
CA - ABSOLUTE privilege for impressions, conclusions, opinions, legal research
Qualified - WP not discoverable unless denial will (1) unfairly prejudice or (2) result in injustice
Summary Judgment
(1) No genuine issue of material fact and
(2) Matter of law, movant prevails
FRCP Trial Motions
(1) Motion for Judgment
(2) Renewed Motions for Judgment
(3) Motion for New Trial
CA Trial Motions
(1) Nonsuit; Directed Verdict
(2) Motion for JNOV
(3) New Trial
Class Action
(1) Numerosity
(2) Commonality
(3) Typicality
(4) Adequacy of Rep PLUS
(a) Risk of inconsistent results or
(b) Injunctive/declaratory appropriate or
(c) Common questions among class dominate others
Claim Preclusion
(1) valid, final judgment on merits, final when rendered
(2) same claimant against same defendant
(3) same cause of action
(4) cause was litigated or COULD have been
Issue Preclusion
(1) valid, final judgment on merits
(2) issue ACTUALLY litigated and determined
(3) issue was ESSENTIAL to judgment
Offensive Collateral Estoppel
(1) valid final judgment on merits
(2) issue actually litigated and determined
(3) issue ESSENTIAL to judgment
(4) D had fair opp to be heard
(5) Posture - not unfair to apply offensive collateral estoppel
