Jurisdiction/Venue/Service

Question 1

Substituted Service Distinction

Answer 1

FED: usual place of abode on someone of suitable age who resides there sufficient

CA: Personal service must first be attempted with reasonable diligence and only then will substituted servce of a competent member of the household at least 18 years old be permitted IF:
1. Informed of contents
2. Also mailed by first-class mail - postage prepaid

Question 2

CA Methods of Service

Answer 2

FED: Allows service as permitted by State law
CA: personal or mail service on D OR substitute service after personal service attempted

Question 3

Immunity from Service in the State

Answer 3

Fed: D appearing in state solely as part of different civil case cannot be served with process for a different civil case filed in state court in that state

CA: No such immunity exists

Question 4

Timing for Waiver of Service

Answer 4

FED: D must respond within 30 days of request for waiver

CA: Must respond within 20 days

Question 5

When is a Waiver of Service Effective

Answer 5

FED: When P files completed waiver with Court
CA: When D executes waiver and sends back acknowledgment form

Question 6

SMJ General Rule

Answer 6

CA Superior Court always has SMJ except for certain federal cases (bankruptcy, patent, etc.) –> and at a minimum has concurrent jdx with fed courts

Question 7

Types CA SMJ

Answer 7

1. Limited Civil Case where AIC does not exceed $25,000
2. Unlimited Civil Case: Damages > $25,000; Declaratory Judgment; or Claim based in Equity
3. Small Clams Case: Damages $10,000 or less or, if P is entity, $5,000 or less (appelaled to appellate department of the superior court)

Question 8

Special Rules for Limited Civil Cases

Answer 8

1. No Special Demurrers
2. Limited Discovery
3. Expedited jury trial with 8 jurors, 4 preemptory challenges, and limited Witness evidence
4. Parties may voluntariy enter a high/low agreeent of minimum and maximum liability so long as jury is not told –> takes away appeal
5. Appealed to Appellate Dept. of Superior Court

Question 9

Reclassification of SMJ

Answer 9

STEP 1: P determines classification
STEP 2: Can be reclassified automatically by Court or party can file motion
STEP 3: IF parties files a moton, the court:
(i) may consider materials beyond the pleadings
(ii) mustconsider judicial arbitral awards
(iii) applies the following** standard **
-from unlimited to limited: Will case necessarily result in verditof $25,000 or less or is a verdict higher than that virtually unobtainable
-from imited to unlimited: is there a possibility that verdict will exceed $25,000

Question 10

Determining AIC for Classification

Answer 10

-Only one claim needs to meet the unlimited requirement
-P may aggregate claims to determine AIC

Question 11

California Venue

Answer 11

Venue is Proper in any County Court where:
1. Any D resides **(or if none in any CA county)
2. where contract was entered into or performed
3. Injury occurred if PI or wrongful death
4. If D is a *corporation: where contract made or performed, obligation arose, where breach occurred, or PPB
5. If D is *unincorporated Association: PPB if on file wiht secretary of state OR where member/partner resides
6. Property: Where property is located

Question 12

Mixed Cases and Venue

Answer 12

Venue is based on the rule associated with the main relief sought

Question 13

Transfer of Venue

Answer 13

Permissible to where parties agree or Court choose IF:
1. To another CA Court AND either
(i) basis to believe impartial trial cannot be had in original venue
(ii) Convenience would be promoted
OR (iii) becausen no judge in county is qualified to act

Question 14

Forum Non Conveniens

Answer 14

-Applicable if another state or country is a more convenient forum