Personal Jurisdiction and SMJ* Flashcards
Personal J*
In CA, long arm statute reads “A court of this state may exercise J* on any bases not inconsistent with the Constitution of this state or of the United States”
very broad and thus “reaches the Constitutional limit.” (all you need to say on an essay
Superior Court
CA superior court has GENERAL SUBJECT MATTER J*
Can hear essentially any case at all, with the exception of those federal ones that must always be brought in federal court
PJ* may be an issue, but SMJ likely won’t
Limited Civil Cases
AIC does not exceed $25K (25K or less)
Limited discovery and no special demurrer.
Generally can’t get permanent injunction or declaratory judgment. Can’t recover more than $25K, even.
Unlimited Civil Cases
Damages exceed 25K.
Also P can sue to determine title to land or equitable relief (injunctions, declaratory judgments)
Once classified as unlimited, entire case is unlimited and thus any claimant can recover any amount (in cross-claims too)
Small Claims Cases
Individuals: 10K or less
Entity: 5K or less
Reclassification
if class is misclassified or it becomes clear that original classification should be changed, case is reclassified
Automatic: if P amend complaint to change classification, clerk automatically reclassifies
On Motion: party can move to reclassify or court can do it on its own upon notice to all parties and a hearing
Can look beyond the pleadings and consider judicial arbitration awards when determining reclassification
Reclassification from unlimited to limited
Ok if Judge finds that the case will necessarily result in a verdict of $25K or less
Reclassification from limited to unlimited
Ok if there is a mere possibility the verdict will exceed $25K
Aggregation
Aggregate all claims of One P v. One D to determine the AIC for classification
Venue
Determining appropriate COUNTY for the case
Local Actions
cases regarding recover, interest, or injury to land.
Venue proper in the county where the land lies
Transitory action
actions not local actions (not involving real property)
Venue okay in the county where ANY D RESIDES when the case was filed
If K, venue is also okay in the county WHERE THE K WAS ENTERED or to be PERFORMED
If wrongful death, venue is also okay in the county WHERE THE INJURY OCCURRED
Corporation Venue
if D is a corp, venue is okay in the county where (1) PPB, or (2) where it entered or is to perform a K, or (3) where the breach occurred or liability arises
Unincorporated business venue
Venue okay in county of PPB if on file with secretary of state. Otherwise, where any member or partner resides
Venue when all d’s are out of state
Venue is okay IN ANY COUNTY
