Rules from Essay --Service of Process

Question 1

Service of process in California can be accomplished in a variety of ways.

Answer 1

Service of process in California can be accomplished in a variety of ways.
First and foremost, a defendant may be personally served with a summons and a copy of a
complaint. When in-person service does not work, substituted service may be attempted by leaving the summons and a copy of the complaint with the defendant’s registered agent or another person who resides at the defendant’s domicile. The summons and complaint must also be sent via certified mail to the defendant’s address of record. However, process must be served by a person over the age of 18 who is not
a party to the case.

Question 2

Service of Process–CA

Answer 2

1) a defendant may be personally served with a SUMMONS and a COPY OF A COMPLAINT.
2) When in-person service does not work, substituted service may be attempted by leaving the summons and a copy of the complaint with the defendant’s registered agent or another person who resides at the defendant’s domicile.
3) The summons and complaint must also be sent via certified mail to the defendant’s address of record.
4) However, process must be served by a person over the age of 18 who is NOT A PARTY to the case.

Question 3

Venue in California is organized by each of the 58 counties in the state.

Answer 3

Venue in California is organized by each of the 58 counties in the state.
1) Different rules apply based on whether the action is a LOCAL or a TRANSITORY action.
2) Venue is proper in a LOCAL ACTION, one involving REAL PROPERTY, in the county in which the real
property lies.
3) For a TRANSITORY, venue is generally proper in a California Superior Court in any county where any defendant resides.
4) For CONTRACT ACTIONS, venue is additionally proper in the COUNTY where the contract was entered into and the county where the contract was expected to be performed.
5) For TORT ACTIONS, venue is proper in
the county where the act or omission giving rise to the tort occurred.
6) IF NO VENUE IS PROPER following the application of these rules, then venue is proper in any county in
which a court has personal jurisdiction over the defendants

Question 4

CA Venue

Answer 4

Venue proper in county where any D resides at case filing.

Question 5

CA Venue–local

Answer 5

cases involving real property–>counties wehre real property or any part of it is located.

Question 6

Transitory Venue

Answer 6

anything not local

Question 7

Joinder Essay Approach Compulsory

Answer 7

How necessary is the party? Indispensable/necessary

Question 8

Permissive joinder

Answer 8

2 or more common question of law or fact that pertain to all
SMJ and PJ must be in
Example would be toxic dump
common question of law or fact and why they should come in.