Distinctions

Question 1

Motion to dismiss for lack of PJ

California

Answer 1

Motion to quash service of summons or motion to set aside for default

Question 2

Lack of SMJ

Answer 2

Federal court: motion to dismiss
CA court: general demurrer, motion for judgment on the pleadings, motion for reclassification

Question 3

In CA, where is venue proper for contract cases?

Answer 3

Where contract was entered or performed

Question 4

In CA, where is venue proper for personal injury/wrongful death cases?

Answer 4

Where the injury occurred

Question 5

How do you raise the question of insufficient service of process in CA courts?

Answer 5

Motion to quash service of summons (or set aside default)

Question 6

In CA, how do you file a motion for failure to state a claim?

Answer 6

General demurrer or judgment on the pleadings

Question 7

In CA, how do you file a motion for failure to join a required party?

Answer 7

Special demurrer

Question 8

What to do in Fed. and CA courts when opposing party files a vague pleading?

Answer 8

In CA, must file special demurrer before responding
In Fed. court, must file motion for more definitive statement before responding

Question 9

What is an anti-SLAPP motion in CA?

Answer 9

Motion to strike

Question 10

What can CA plaintiff do if she doesn’t know the names of the defendants?

Answer 10

She can sue fictitious “Doe” defendants and amend complaint to substitute true names later

Question 11

Differences between CA and Fed. courts re: initial disclosures

Answer 11

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)

Question 12

What is the limit of special interrogatories in CA?

Answer 12

35

Question 13

What is the limit of special interrogatories in CA?

Answer 13

25

Question 14

How many depositions are allowed in Fed court without court order?

Answer 14

10 depositions

Question 15

Is there a duty to supplement discovery in CA?

Answer 15

No

Question 16

Is there a duty to supplement discovert in Fed. court?

Answer 16

Yes; there is a duty to update prior responses.

Question 17

What is summary adjudication in CA court?

Answer 17

Partial summary judgment

Question 18

How can summary adjudication be established?

Answer 18

Issue or claim preclusion or by submitting a statement of undisputed facts that shows that there is no genuine dispute of material facts

Question 19

In CA, when can P voluntarily dismiss the case?

Answer 19

At any time pretrial

Question 20

In Fed court, when can P voluntarily dismiss the case?

Answer 20

Leave of court not required if before D files answer
or motion for summary judgment

Question 21

In CA, may a case be involuntarily dismissed?

Answer 21

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.

Question 22

What is the standard for involuntary dismissal in Fed. courts?

Answer 22

Court has discretion (subject to “abuse of
discretion” standard) to involuntarily dismiss for failure to prosecute

Question 23

What is the timeline for requesting a jury trial in CA?

Answer 23

Request for jury trial must be made when case is set for trial or within 5 days of case being set for trial

Question 24

What is the timeline for requesting jury trial in Fed. court?

Answer 24

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

Question 25

What is the difference in procedure between CA and Fed. courts in relation to RJMOLs?

Answer 25

In CA, a party can move for RJMOL without having filed JMOL; Federal courts require JMOL to be filed first.

Question 26

Process for filing appeal in CA courts

Answer 26

Must be filed within 60 days of service of notice of
judgment or 180 days of entry of judgment if no notice is served.

Question 27

Process for filing appeal in Fed. courts

Answer 27

Must be filed within 30 days of entry of judgment (extended for certain post-trial motions).

Question 28

Is registration of a corporation grounds for exercising PJ over the corp. in CA?

Answer 28

No

Question 29

What is a limited civil case in CA?

Answer 29

Plaintiff cannot recover more than $25,000. Also cannot file motions for special demurrer, there is limited discovery, and expedited jury trial.