Joining Parties

Question 1

Who are PROPER PARTIES that MAY be joined?

Answer 1

may be co-P’s or co-D’s if:

1) arise from SAME T/O
2) raise at least one COMMON QUESTION

Question 2

Who are NECESSARY parties?

COMPULSARY JOINDER

Answer 2

Any absentee (A) who meets any of these:

1. w/o A, cannot ACCORD COMPLETE RELIEF
2. A’s interest MAY BE HARMED if not joined*
3. A claims interest which subjects party to MULTIPLE OBLIGATIONS

Question 3

Are joint tortfeasors NECESSARY PARTIES that must be joined?

Answer 3

NFW. no fucking way.

Supreme Court has ruled that joint tortfeasor subject to J&S liabililty is not subject to

Question 4

When is Joinder FEASIBLE?

Answer 4

1. there is PJ
2. joining won’t destroy diversity
   - -> if it will, try Supplemental Jurisdiction

Question 5

How do you remember if joinder issue involves present parties or new parties?

Answer 5

“C” joinder rules involve PRESENT parties

“I” joinder rules involve bringing someone NEW

Question 6

What is IMPLEADER?

Answer 6

Where a Defending party wants to bring in someone new as a Defendant: THIRD PARTY DEFENDANT (TPD).

Question 7

What are some examples of when IMPLEADER arises?

Answer 7

1. Indemnity

2. Contribution

Question 8

What are the STEPS FOR IMPLEADING?

Answer 8

1) File third-party complaint naming TPD.

2) Serve Process on the TPD.

Question 9

What is INTERVENTION?

Answer 9

Absentee wants to join a pending suit & timely applies to intervene.

1) Intervention OF RIGHT
2) PERMISSIVE intervention

Question 10

When is it INTERVENTION OF RIGHT?

Answer 10

A’s INTEREST MAY BE HARMED if not joined and INTEREST NOT REPRESENTED NOW.

.. however, must satisfy PJ & SMJ.

Question 11

When is it PERMISSIVE INTERVENTION (court has discretion)?

Answer 11

At least one COMMON QUESTION.

OK unless delay or prejudice.

Question 12

What is INTERPLEADER?

Answer 12

One holding property forces all potential claimants into a single lawsuit to avoid multiple litigation and inconsistency.

Question 13

What are the initial requirements for a CLASS ACTION?

Answer 13

CAN’T!

Commonality  (question of law/fact in common)
Adequately represent the class (the rep)
Numerosity (too many class members for joinder)
Typicality (rep's claims/defenses)

Question 14

What are the TYPES of CLASS ACTION?

Answer 14

IGNORE TYPE 1

TYPE 2. Injunction or Declaratory relief – CLASS WAS TREATED ALIKE BY ANOTHER PARTY
e.g. Employment discrim

TYPE 3. Damages Class –

1. COMMON QUESTIONS predominate.
2. class action is SUPERIOR METHOD
   e. g. Mass tort. Bus flies off cliff.

Question 15

What must the court do when it certifies a Type 3 Class for a class action?

Answer 15

Must give INDIVIDUAL NOTICE to all reasonably identifiable class members.

Question 16

What may Type 3 class members do when they get notice of the suit?

Answer 16

1. opt out
2. be bound if they don’t
3. enter separate appearance through counsel

Question 17

May you opt out of a Type 2 or 1 class action?

Answer 17

No

Question 18

How do you get Diversity jurisdiction for a Class Action?

Answer 18

So long as the REPRESENTATIVE

1) is DIVERSE from ALL DEFENDANTS.
2) Rep’s claim is > $75K

Question 19

CALIFORNIA.

What are the requirements for a Class Action?

Answer 19

1) ASCERTAINABLE class
2) WELL-DEFINED Community of interest.

 factors for 2:    ABC

a. COMMON Q’s predominate
b. representative is ADEQUATE
c. class will result in substantial BENEFIT to parties and court

Question 20

What is the Final Judgment Rule?

Answer 20

Generally, there is a RIGHT TO APPEAL only from final judgments.

Question 21

When is a judgment “Final”?

Answer 21

ULTIMATE DECISION has been made on the MERITS of the ENTIRE CASE.

Question 22

How do you appeal a final judgment?

Answer 22

File notice of appeal in trial court within 30 days of entry of final judgment.

Question 23

Examples of Final Judgments

Answer 23

1. Grant or denial of RJMOL.

2. Denial of motion for new trial.

Question 24

When may a ruling be appealable even though NOT a final judgment?

Answer 24

MORE THAN ONE CLAIM or MULTIPLE PARTIES: court may expressly direct entry of final judgement for one of them if express finding of no just reason for delay.

CLASS ACTION: 
Appeals ct has discretion to review order granting or denying certification of class action.

Question 25

Compulsory Joinder – What are the steps?

Answer 25

1. SHOULD the Absentee party (A) be joined?
   if: a. A’s interest MAY BE HARMED or
   b. A’s claim will subj others to MULTIPLE OBLIGATIONS.
   c. cannot ACCORD COMPLETE RELIEF w/o A
2. CAN we join A?
   PJ
   SMJ
   Venue
3. Can we proceed w/o A if not?
   * and then look at permissive joinder too.

Question 26

What is Compulsory Joinder?

Answer 26

A party whose absence prevents a court from rendering an effective judgment or should cause serious prejudice to other parties.

Question 27

What if Joinder is IMPOSSIBLE?

i.e. destroys diversity jurisdiction

Answer 27

4 factors whether or not to proceed:

1) whether judgement in party’s absence would WOULD PREJUDICE her or existing parties
2) whether PREJUDICE CAN BE REDUCED in shaping judgment
3) whether judgment in party’s absence would be ADEQUATE
4) whether P will be DEPRIVED OF ADEQUATE REMEDY if action is dismissed.

Question 28

What is a Compulsory Counterclaim?

Answer 28

All claims that arise out of the same T/O.

Question 29

What does one risk if one does not make a “Special Appearance” when answering/ making motion to dismiss a claim?

Answer 29

Making a Voluntary Appearance.

In that case, could be taken to “consent” to PJ.