Upgrade to remove ads
Only $35.99/year

California Civil Procedure

Terms in this set (29)

What is a California Superior Court?
A trial court of general jurisdiction.
How many Superior Courts are in California?
58
What are the 3 types of classifications of civil claims in CA?
1. Small Claims
2. Limited
3. Unlimited
Small Claims
amount in controversy must be $10,000 or less for actions by individuals ($5,000 or less for other litigants).
Limited
$25,000 or less
Unlimited
Over $25,000
What happens if the initial classification of a case was wrong?
It gets reclassified.
Under what circumstances will the Superior Court automatically reclassify a case?
a. When the plaintiff amends the complaint and changes the amount to above or below $25,000; or
b. When defendant files a "cross complaint" that increases the amount of the entire case to above $25,000
What is the proper venue for disputes over real property?
In the county where the property is located
What is the venue for transitory actions?
County where any defendant resides at time action begins.
What is the venue for actions regarding a contract?
County where K was executed or performed.
What is the venue for personal injury or wrongful death?
County where injury occurred.
What is the venue if the action is mixed?
County where one of the defendants resides unless there is a compelling reason to hold the trial elsewhere.
What is the venue if the action is against a business?
County where it executed or promised to perform a K, where breach occurred, or where liability arose, or county of principal place of business.
When is transfer of a proper venue permitted?
1. If a fair trial can't be held there;
2. If it's more convenient for a witness and more just; or
3. No judge is qualified to act
When will a choice-of-law clause in a K be enforced even when the chosen state's law conflicts with California public policy?
When the court determines that the chosen state has a greater interest in the determination of the issue.
What is a demurrer
It's like a 12b motion.
What are the two kinds of demurrer?
1. P fails to state facts sufficient to constitute a cause of action
2. Superior court lacks subject matter jurisdiction
Motion to strike
(a) Irrelevant, false, or improper matter; or
(b) Any part of pleading that
does not conform to CA statute, rule, or court order.
When must a motion to strike be filed?
Within 30 days of pleading being challenged
What is an anti-SLAPP motion?
A motion to strike a complaint when the claim arises from constitutionally protected activity. P loses unless he shows a probability of prevailing on the merits.
What happens if D's demurrers or motions fail or are not made?
He must file an answer (within 10 days after notice of denial).
If P filed a verified sworn complaint how must D respond?
D must file a verified answer.
What is a cross-complaint?
A separately filed complaint that D files against P. Covers what FRE calls "cross claims" and "impleader."
How can P respond to a cross-complaint?
With a separate answer. Not called a reply.
How many times can P amend her pleading before D files an answer or demurrer?
Once.
Can P amend her pleading after D has filed his answer or demurrer?
Yes, if court allows after sustaining D's demurrer or granting a motion to strike. Otherwise, any party may amend wither with opponent's consent or with leave of court, which is liberally granted.
When can a non-party intervene in California?
When the court finds the nonparty's interest to be "direct and immediate."
Which interlocutory orders are appealable in California?
1. An order granting a motion based on forum non conveniens
2. An order granting a motion to quash service of a summons
3. An order granting a new trial motion
Sets found in the same folder