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CFLS > Jurisdiction > Flashcards

Jurisdiction Flashcards

1
Q

Respondent may serve and file notice of motion to: (1) quash service of summons on the grounds of _____, (2) stay or dismiss on _____; or (3) to dismiss the action pursuant to 583.110 (failure to prosecute action). The action must be made not more than _____ after filing of the notice. If an RFO is also filed, the motion to quash should be filed at the same time as the response to preserve lack of jurisdiction.

A

lack of jurisdiction

inconvenient forum

30 days

CCP 418.10(a)-(c)

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2
Q

No ____ may be entered against Respondent pending motion to quash summons, motion to dismiss, or motion to stay Petition

A

default

CCP 418.10(d)

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3
Q

A judgment for dissolution may not be entered unless one of the parties of the marriage has been a resident of the state for ____ and a resident of the county for ____.

A

6 months

3 months

Fam. Code 2320

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4
Q

Once residence requirements met, the parties may amend a petition for ______ to one of dissolution.

A

legal separation

Fam. Code 2321

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5
Q

Types of traditional jurisdiction

A

Personal service
Consent
General Appearance
Domicile

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6
Q

Personal Service

A

When the defendant is present in the state when served (except when brought via fraud). A party is not protected for temporarily entering the state to participate in judicial proceedings.

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7
Q

Personal service upon a ______ while present in the state confers personal jurisdiction.

A

nonresident

Burnham v. Superior Court (1990) 495 U.S. 604

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8
Q

Personal service of an RFO does not meet the requirement of _____ (i.e. must be personally served with Petition/Summons).

A

service for the entire action

Marriage of Fitzgerald & King (1995) 39 Cal.App.4th 1419

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9
Q

Consent

A

If the defendant consents in advance through a contract, JDX is met.

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10
Q

General Appearance

A

If the defendant appears to negotiate a settlement, appears to confirm a settlement, seeks ex parte relief, uses a local agent for service of summons, signs an acknowledgment of service form, or participates before filing a motion to quash.

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11
Q

A respondent is deemed to have made a general appearance in a proceeding when he or she files: (1) a _____; (2) a request for order to strike; (3) a request for order to transfer the proceeding; or (4) a _____ of his or her appearance.

A

response or answer

written notice

CRC Rule 5.62(b)

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12
Q

Must file a special appearance notice to ______.

A

avoid waiving JDX

Marriage of Obrecht (2016) 245 Cal.App.4th 1

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13
Q

While motion to quash summons (JDX), motion to dismiss, or motion to stay (inconvenient forum), Respondent may appear in _____ and it is not deemed a general appearance.

A

opposition to an RFO

Fam. Code 2012

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14
Q

Appearance to defend ex parte is not a _____ for JDX.

A

general appearance

CCP 418.11

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15
Q

A party who is essentially forced into California court to enforce _______ is not deemed to be making a general appearance.

A

custody and visitation orders

Marriage of Malak (1986) 182 CAl.App.3d 1018

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16
Q

Domiciled

A

Physically present in the JDX with the subjective intent to remain.

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17
Q

The court can reach beyond its own borders to assert JDX over a nonresident that _____ of due process.

A

comports with Constitutional requirements

CCP 410.10

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18
Q

Due process requirements are met if the defendant has “______ with the forum state such that asserting jurisdiction over him does not offend traditional notions of fair play and substantial justice.”

A

sufficient minimum contacts

International Shoe Co. v. Washington (1945) 326 U.S. 310

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19
Q

Availed himself the benefits and protections by a presence in forum, _____ in forum, entering through the stream of commerce, has effect from outside forum, ______, owning property, or has a contract.

A

doing business

interactive internet site

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20
Q

There must be intentional causing of effects in the state or a relationship whereby the party invokes the _______ of the law.

A

benefits and protections

Jamshid-Negad v. Kessler (1993) 15 Cal.App.4th 1704

21
Q

The purposeful acts of a spouse creating a substantial contact in CA of such a nature and quality that CA has a manifest interest in providing ______ may satisfy the minimum contacts.

A

effective means of redress for its residents

Marriage of Lontos (1979) 89 Cal.App.3d 61

22
Q

The closer the contact related to claim, the less _____. Whether the defendant’s affiliations with the forum state are so “continuous and systematic” as to render the defendant essentially “at home” in the forum.

A

contacts are needed to the forum

Relatedness (Specific v. General JDX)

23
Q

Corporations always “at home” in its _____ and ______, and on occasion others if so substantial and of such a nature to render them “at home.”

A

state of incorporation

principal place of business

24
Q

Sending “California-focused” social media messages sent _____ with knowledge the recipients are CA residences gives the party _____ they could be held answerable on a claim related to those activities.

A

directly to CA residences

reasonable foreseeability

Yue v. Yang (2021) 62 Cal.App.5th 539

25
Q

The court will take into account the burden of the defendant vs the _____ in adjudicating, the plaintiff’s interest in convenient relief, access to evidence and witnesses, ______, and the shared interest in furthering social policy.

A

forum state’s interest

interstate efficiency

26
Q

The mere act of sending _____ with the other parent is not sufficient for the “minimum contacts” test for personal jurisdiction.

A

a child to live in California

Kulko v. Superior Court (1978) 436 U.S. 84

27
Q

Specific contacts (PJ) in a paternity action did not exist where _____ was out of state.

A

conception

Father’s knowledge of Mom residing in CA with child insufficient.

David L. v. Superior Court (Mariana C.) (2018) 29 Cal.App.5th 359

28
Q

The act of purposefully sending a video to the plaintiff in California is ______ in a DVRO.

A

sufficient for PJ

Hogue v. Hogue (2017) 16 Cal.App.5th 833

29
Q

Agreement for a child to move to CA is ______.

A

not sufficient to confer personal jurisdiction

Shaffer v. Heitner (1977) 433 U.S. 186

30
Q

Travel within the state, occasional conferences, and holding a CA medical license was _____.

A

not sufficient to meet minimum contacts

Modlin v. Superior Court (1986) 176 Cal.App.3d 1176

31
Q

Past minimum contacts are _____ to obtain current exercise of jurisdiction.

A

not sufficient

Muckle v. Superior Court (2002) 102 Cal.App.4th 218

32
Q

Courts have general subject matter jurisdiction unless it is ______.

A

within the exclusive jurisdiction of another court

33
Q

Civil cases are considered unlimited, limited, or small claims. If misclassified, the parties may seek reclassification but ______. The amount in controversy must exclude _____.

A

it requires notice and a hearing

attorneys’ fees, interest, and costs

34
Q

Unlimited cases require an amount exceeding _____. There are no limitations on pleadings, discovery, relief available, and can recover any amount.

A

$25,000

CCP 88

35
Q

Limited cases require an amount of _____. There are limitations on the use of process and the equitable relief available. Plaintiff cannot recover more than _____.

A

$25,000 or less

$25,000

CCP 85

36
Q

Small claims require for an individual, the amount must be _____; for a business, the amount must be _____ or less.

A

$10,000 or less

$5,000

CCP 116.210 et. seq.

37
Q

California shall have jurisdiction over civil causes of action between ______, and those civil laws that are of general application to private persons or private property shall have the same force and effect within Native American country.

A

Native Americans or to which Native Americans are parties

28 U.S.C. 1360(a)

38
Q

Venue is county where either Petitioner or Respondent resides _____. County where child resides proper for enforcement of support.

A

at the commencement of the action and has resided in the county 3 months prior for dissolution

CCP 395

39
Q

The superior court has jurisdiction over actions brought ______.

A

under the family code

Fam. Code 200

40
Q

The court may transfer venue when: (1) not the _____; (2) belief no impartial trial can occur; (3) convenience of witnesses and ends of justice promoted by change; (4) no judge qualified; or (5) to ____ where ends of justice promoted.

A

proper court

Respondent (in disso) county

CCP 397

41
Q

The court may, prior to transfer, consider and determine motions for _____, etc.

A

temporary support, RO, attorney’s fees

42
Q

When a court transfers a case, the transferring court retains jurisdiction if the _____, and can issue orders to avoid irreparable harm to party, child, or loss of property.

A

other court has not assumed jurisdiction

CCP 398

43
Q

First in time rule only applies if the court has ____ in both jurisdictions.

A

PJ and SMJ

Marriage of Thompson (2022) 74 Cal.App.5th 481

44
Q

The court may dismiss or stay a case if there is a more suitable forum (another state or country). The court looks to the interests of justice, whether there is an alternative _____, and whether the private and public interests are in favor.

A

forum suitable

45
Q

The parties are deemed to have waived these grounds if they do not file a ____ within the proper time frame.

A

request for order to quash

CRC Rule 5.63(e)

46
Q

A general appearance of the respondent is equivalent to ____ within this state of the summons and petition.

A

personal service

CRC Rule 5.68

47
Q

A general appearance and failure to timely raise a bar to a prior decree (proceeding) in another jurisdiction results in a _____ of the current proceeding.

A

waiver of personal jurisdiction

Zaragoza v. Superior Court (1996) 49 Cal.App.4th 720

48
Q

Subject matter jurisdiction cannot be waived and therefore can be _____ even where a party has participated in another proceeding.

A

collaterally attacked

Marriage of Nurie (2009) 176 Cal.App.4th 478

CFLS (16 decks)

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