Distinctions Flashcards
Motion to dismiss for lack of PJ
California
Motion to quash service of summons or motion to set aside for default
Lack of SMJ
Federal court: motion to dismiss
CA court: general demurrer, motion for judgment on the pleadings, motion for reclassification
In CA, where is venue proper for contract cases?
Where contract was entered or performed
In CA, where is venue proper for personal injury/wrongful death cases?
Where the injury occurred
How do you raise the question of insufficient service of process in CA courts?
Motion to quash service of summons (or set aside default)
In CA, how do you file a motion for failure to state a claim?
General demurrer or judgment on the pleadings
In CA, how do you file a motion for failure to join a required party?
Special demurrer
What to do in Fed. and CA courts when opposing party files a vague pleading?
In CA, must file special demurrer before responding
In Fed. court, must file motion for more definitive statement before responding
What is an anti-SLAPP motion in CA?
Motion to strike
What can CA plaintiff do if she doesn’t know the names of the defendants?
She can sue fictitious “Doe” defendants and amend complaint to substitute true names later
Differences between CA and Fed. courts re: initial disclosures
In CA: initial disclosures are disclosed according to agreement; material must be relevant to subject matter or litigation (broad)
In Fed: initial automatic disclosures; material must be relevant to claim or defense (narrow)
What is the limit of special interrogatories in CA?
35
What is the limit of special interrogatories in CA?
25
How many depositions are allowed in Fed court without court order?
10 depositions
Is there a duty to supplement discovery in CA?
No
Is there a duty to supplement discovert in Fed. court?
Yes; there is a duty to update prior responses.
What is summary adjudication in CA court?
Partial summary judgment
How can summary adjudication be established?
Issue or claim preclusion or by submitting a statement of undisputed facts that shows that there is no genuine dispute of material facts
In CA, when can P voluntarily dismiss the case?
At any time pretrial
In Fed court, when can P voluntarily dismiss the case?
Leave of court not required if before D files answer
or motion for summary judgment
In CA, may a case be involuntarily dismissed?
Yes, court has discretion to dismiss if the case is not brought to trial within 2 years of filing; court MUST dismiss if the case is not brought to trial within 5 years.
What is the standard for involuntary dismissal in Fed. courts?
Court has discretion (subject to “abuse of
discretion” standard) to involuntarily dismiss for failure to prosecute
What is the timeline for requesting a jury trial in CA?
Request for jury trial must be made when case is set for trial or within 5 days of case being set for trial
What is the timeline for requesting jury trial in Fed. court?
Party must make a jury demand within 14 days of filing a pleading (or an answer to the pleading) giving rise to right to jury
