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Social Science Law Civil Law CA Bar = CA difference - Civil Procedure 107 questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions $7.99
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Social Science Law Civil Law CA Bar = CA difference - Civil Procedure 107 questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions
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Social Science Law Civil Law CA Bar = CA difference - Civil Procedure 107 questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star rating
STUVIA 2024/2025
1. Social Science
2. Law
3. Civil Law
CA Bar - Civil Procedure
Subject Matter Jurisdiction - Generally*
Federal Court Jurisdiction = Limited to enumerated categories of cases, most importantly those under
federal law.
CA State Courts = general jurisdiction over all civil cases.
Classifying Cases in CA*
Limited Civil Cases: A-in-C $35k or less.
Unlimited Civil Cases: A-in-C exceeds exceeding $35k.
Small Claims Cases: A-in-C is $12,500.
For an UNlimited case to satisfy the $35,000.01 amount, you can total up all claims.
*If a case is initially misclassified in CA, the superior court keeps jurisdiction, but has two options:
1. Reclassify the case from unlimited to limited if the verdict will necessarily be $35k or less.
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2. Reclassify the case from limited to unlimited if the verdict might be above $35k.
CA's Longarm Statute*
Extends to the full breadth of the constitution - allows CA to bring an out of state defendant to CA
court as long as it complies with due process.
Can a defendant be served in the forum state to effect personal jurisdiction if they are there
temporarily to participate in a judicial proceeding?*
Federal = No.
CA = Yes.
CA Venue*
A court that provides a fair and convenient forum can hear a case.
Basic Rule: sue defendants in the county where one of them resides, unless there is a compelling
reason to hold the trial elsewhere.
- Local real estate = in the county where the property is located.
CA Venue - Transitory actions*
Transitory actions = in the county where any defendant resides when the action commences. If no
defendant resides in CA, then in any county. There are two actions with unique venue rules:
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1. contract - sue in the county where the contract was executed or performed.
2. personal injury or wrongful death - sue where the injury occurred.
CA Venue - Corporations, Associations, Partnerships
Lies in the county
- where the business executed or promised to perform a contract;
- where a breach of k happened; or
- where liability arose.
Venue against a corporation is permissible where it has its principle place of business.
Forum non conveniens*
Fed: A court may dismiss or stay a case if there is a far more appropriate forum elsewhere.
- This is only used when forum that is deemed most appropriate for the action is a state or foreign
court.
- Burden is generally on D, but if a forum selection clause designates a state or foreign court, burden
shifts to P.
CA: Allows a court to dismiss an action in the interest of substantial justice if a court in another state
(or nation) is more convenient.
CA Choice of Law - Tort
Governmental Interest Test - Court determines the comparative impairment of each state's interests if
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the other state's laws are applied.
CA Choice of Law - Contract
Choice of law clause
- CA courts determine whether the law substantially relates to the parties or transactions. If not, it is
unenforceable.
- if it is enforceable, the court then decides whether the chosen law conflicts with CA public policy.
- If it conflicts, the court then determines whether CA or the chosen state has a greater interest in the
issue.
No choice of law clause
- apply a comparative governmental interest test, just like tort law.
CA Key Differences - Service of Process*
If, despite reasonable diligence, the plaintiff cannot serve the defendant in person, substitute service
is permitted by:
- serving a responsible adult at D's home or place of business.
- plaintiff MUST send follow up first class mailing with return receipt.
If P cannot serve D in person or by substitute service, service by publication is permitted.
If D is out of state, P can do ordinary service or service by first class mail with return receipt.
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Waiver of Service*
Rule 4 - Ds have a duty to avoid unnecessary expenses of serving the summons by waiving service.
Federal = waiver of service extends D's deadline to respond from 21 days to 60 days (or 90 days if
international D).
CA = waiver does not extend D's deadline to respond.
Complaint - Pleadings*
Federal = allows simple notice pleadings - bear bones claims and defenses.
CA = demands FACT pleading.
- parties must allege all material facts that give rise to each cause of action and demand for judgment.
- the exact dollar amount of damages must be included, except for personal injury or wrongful death
actions.
Motion to Dismiss for failure to state a claim*
Federal = MTD under 12(b)(6).
- can be raised in any pleading, motion for judgment on the pleadings, or at trial.
- in considering the motion, the court will treat well-pleaded facts as true, resolve doubts or inferences
in P's favor, and view pleadings in the light most favorable to P.
CA = Demurrer
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Types of Demurrer (CA)*
General:
- challenge to court SMJ or
- argument that P has not set forth facts sufficient to establish a cause of action.
Specific:
- D lacks legal capacity
- similar action pending in another court
- problem with joinder
- pleading is unclear
- P in a contract action failed to state whether it is oral or written.
Challenging Personal Jx - Procedure*
Federal = D can object to PJ in either a motion or an answer.
In CA, PJ must be challenged in a motion to quash, before any other responsive pleadings.
- if D tries to object to PJ in the answer instead of by motion, D has made a general appearance and
has waived the objection.
CA - Anti-SLAPP Motion*
Type of Motion to Strike.
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