July 2017 Civil Flashcards
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
When must Driller file its answer to avoid the entry of a default judgment against it?
Driller should file a written answer by 10am on the first Monday after the expiration of 20 days from service of process.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Driller is considering removing the case to federal court on the basis of diversity of citizenship.
Does Driller have a valid basis for removing the case to federal court on the basis of diversity of citizenship?
Driller has a valid basis to remove the case to federal court. Driller has a proper basis because Driller is a citizen of Louisiana, Producer is a citizen of Texas, and the amount in controversy exceeded $75,000.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Instead of seeking removal to federal court, Driller decides that it wants to move the case to Jefferson County.
What pleading must Driller file to seek to move the case to Jefferson County, and when must it file the pleading?
Driller should file a motion to transfer venue before or concurrently with any responsive plea, except a special appearance.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Assume Driller properly files the appropriate pleading to move the case to Jefferson County and that Producer properly responds to that pleading.
How should the Court rule on Driller’s pleading?
The court should deny Driller’s motion to transfer venue. Venue is not proper in Jefferson County because that county is neither Driller’s principal place of business in Texas, nor where the events or omissions giving rise to the claim occurred.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Producer’s original petition fails to state how much money Producer seeks to recover from Driller.
What pleading should Driller file to bring this issue to the Court’s attention and what relief, if any, is Driller entitled to obtain?
Driller should file a special exception. Driller is enticed to an order compelling Producer to amend its petition. The amendment has to the state the maximum amount of damages sought (rather than the exact amount sought).
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Driller wants to obtain more detailed information regarding the facts and circumstances underlying Producer’s claims.
List five forms of discovery available to Driller to obtain such information.
Request for Disclosure Interrogatories Request for Production Oral Depositions Depositions on Written Qs Request for Admissions Request for Entry Upon and Examination of Real Property
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Driller serves written interrogatories on Producer via hand delivery. Producer actually receives them on Day 1. On Day 31 (the 30th day after receiving the interrogatories), Producer serves its objections and responses to the interrogatories by depositing them in the mail. The objections and responses were postmarked that day, but not actually received by Driller until Day 33.
Did Producer timely object and respond to the interrogatories?
Producer timely responded to Driller’s interrogatories. The response was timely because service of the response was due 30 days after receive or on Day 31. Producer’s response was timely because it deposited the responses in the mail on Day 31.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Producer states in a response to a request for production served by Driller that Producer has withheld certain documents under a claim of attorney-client privilege. Driller’s attorney sends Producer’s attorney a letter demanding that Producer’s attorney immediately identify the documents withheld.
In order to preserve the privilege, what action must Producer’s attorney take in response to the letter and when must she take it?
Producer was required to serve a response describing the privileged information withheld and asserting a specific privilege for each withheld item. The response is due within 15 days of serves of the request.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
A week after the court-ordered deadline for joining new parties, Producer learns that Driller immediately transferred the $250,000 overpayment to a bank account owned by an affiliate of Driller. Producer is considering adding the affiliate as a defendant to the lawsuit.
What pleading(s) must Producer file if it decides to add the affiliate as a party to the lawsuit?
Producer has to file and serve an amended petition on Driller’s affiliate to add affiliate as a defendant to the suit. Producer has to file a motion for leave to do so because Producer sought to add a party after the court-ordered deadline.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Producer notices the deposition of Driller’s president. Driller does not want to produce its president for deposition because he does not know anything about the alleged overpayment.
What pleading should Driller file to resist its producing its president for deposition?
Driller has to file a motion for protective order or a motion to quash the deposition of its president. The motion should be accompanied by an affidavit from its president denying personal knowledge of relevant facts.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Driller contends that the $250,000 “overpayment” was owed under a bonus provision in the contract. Driller retains and designates an expert witness to testify at trial on that issue. Producer promptly sends interrogatories and requests for production seeking information about the expert’s opinions. Driller objects on the ground that the interrogatories and requests for production are impermissible tools for discovery of this information.
How should the court rule on Driller’s objections?
The court should sustain Driller’s objections to Producer’s interrogatories and requests for production seeking information about Driller’s expert. The only permissible discovery tools regarding experts are requests for disclosure, written reports, and depositions.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
Producer sends Driller requests for admission asking Driller to admit certain facts. Driller fails to respond to the requests.
What is the effect of Driller’s failure to respond and what, if anything, can Driller do to change it?
Driller’s failure to timely respond to Producer’s requests for admissions results in deemed admissions. Driller should file a motion to withdraw the deemed admissions, showing both good cause for the failure to timely respond and that Producer would not be unduly prejudiced by the withdrawal of the admissions.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
During the deposition of one of Producer’s employees, Producer’s attorney objects to the form of a question asked by Driller’s attorney. Driller’s attorney asks for the basis of the objection but Producer’s attorney refuses to give it, claiming the rules permit her to say “Objection, form” only.
Is producer’s attorney correct?
Producer’s attorney was not correct in refusing to give a basis for a “form” objection in a deposition. Upon request for the basis of an objection, the objecting attorney must provide a clear and concise explanation of the basis for the objection.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
In response to a request for production of certain documents in electronic form, Driller produces only paper copies of the documents even though they are also maintained by Driller in electronic form.
Is Producer entitled to production of the documents in electronic form? If so, what action must Producer take to obtain such production?
Producer is entitled to production of the documents in electronic form because it requested the documents in such form. Producer should file a motion to compel productions of the documents in electronic form.
Producer, a Texas corporation with its principal office in Harris County, TX, contracted with Driller, a LA corporation, to drill an oil well on land owned by Producer in Webb County, TX. Driller’s principal office, where all of Driller’s officers are located, is in Louisiana, but Driller maintains an equipment yard in Jefferson County, TX. The contract to drill Producer’s well was negotiated and signed in Driller’s office in Louisiana.
Due to an error by its accounting clerk, Producer inadvertently paid Driller $250,000 more than the contract provided for drilling the well. Driller refused Producer’s demand to refund the overpayment. Producer files suit against Driller in 2017 in Harris County District Court, and properly serves Driller with the lawsuit. The suit seeks unspecified actual damages and attorney’s fees.
After discovery is complete, Producer is convinced that Driller cannot produce any evidence to support Driller’s defenses. Producer properly files a no-evidence motion for summary judgment on each defense asserted by Driller and sets it for hearing 30 days later.
What action must Driller’s attorney take in response to the motion and when must he take it?
Driller should file a response to Producer’s no-evidence motion for summary judgment. The response should contain summary judgment evidence raising a genuine issue of material fact with respect to each of Driller’s defenses. The response should be filed no later than 7 days before the summary judgment hearing.
