Civ Pro

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Civ Pro
2013-02-25 02:18:53
Civ Pro

Civ Pro
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  1. Civ Pro Outline
    • 1. Personal Jurisdiction
    • 2. Subject Matter Jurisdiction
    • 3. Venue
    • 4. Applicable Law
    • 5. Pre-Trial Procedure
    • 6. Trial
  2. 1. Personal Jurisdiction
    • Traditional Basis: domicile, presence, consent
    • Long Arm Statute: CA court may exercise jx over any person or property constitutionally allowed
    • Constitutional Limitations: minimum contacts such that exercise of jx would not offend traditional notions of fair play and substantial justice
    • - Minimum Contacts: purposeful availment and foreseeability
    • - Fairness: relatedness of claim to contacts, convenience, legitimate state interest
  3. 2. Subject Matter Jurisdiction
    • Federal SMJ
    • - Federal question
    • - Diversity Jx: P diverse from every D, amt. in controversy exceeds $75k
    • - Supplemental: may hear additional claims if they arise from common nucleus of operative fact, can be used to overcome fed q or amt. in controversy but not diversity
    • - Removal: if Fed SMJ at filing, all D's join petition, within 30 days
    • - Remand: if no fed jx or all fed claims resolved
    • CA SMJ
    • - Unlimited: >$25K 
    • - Limited: <$25
    • - Small claims: individual<$7500 or corp<$5000
  4. 3. Venue
    • Fed Courts
    • - any D resides if in same state
    • - substantial part of events of claim
    • - any D resides if solely on diversity
    • - transfer for convenience, apply original law if original venue was proper
    • - Forum Non Conveniens: permits court to dismiss case in favor of more appropriate and convenient forum outside of fed jud system
    • CA State Courts
    • - Local Actions: where real property lies
    • - Transitory Actions: any county where D resides, or any county if D's all out of state, where K to be performed, where injury occurred
    • - Transfer
    • - Forum Non Conveniens
  5. 4. Applicable Law
    • Erie Doctrine: federal court in diversity case will apply its own procedural law but apply the substantive laws of the state in which it sits
    • - Is there a federal law on point that directly conflicts with a state law?
    • - If no fed law on point, then determine if state law is substantive or procedural. If unclear apply: outcome determinative, balance of interests, avoid forum shopping.
  6. 5. Pre-Trial Procedures
    • Service of Process: personal, substituted, waiver by mail
    • Complaint: fed notice pleading, CA fact pleading
    • Responding to pleadings
    • - FRCP within 21 days: rule 12(b) motion to dismiss, rule 12(e) motion for a more definite statement, rule 12(f) motion to strike
    • - CCP within 30 days: motion to quash, motion to dismiss, general demurrer, special demurrer, motion to strike, anti-slapp
    • - Answer: FRCP 21 days, CCP 30 days
    • - Amendments: FRCP once before 21 days or repsonse; CCP once before trial
  7. 5d. Joinder of Parties
    • Joinder of Parties
    • - Compulsory joinder
    • -- Necessary Party: w/o party cannot afford relief, party's interest may be harmed if not joined, or absence would expose existing parties to multiple obligations
    • -- Indispensable Party: if joinder not feasible, court decides whether to proceed or dismiss. Factors: absence would prejudice, prejudice can be reduced by shaping judgment, whether judgment in absence would be adequate, whether P will be prejudiced by dismissal
    • - Permissive joinder: if arise from same transaction or occurrence, of there is common question of law or fact
    • - Impleader: contribution or indemnification
    • - Intervention: By Right if 3P interest would be harmed or Permissive if common question of law or fact
  8. 5d. Joinder of Claims
    • Compulsory Counterclaim: D must raise if out of same T/O or they're waived
    • Permissive Counterclaim: D may raise if independent basis for SMJ
    • Cross-Claims: permissive against co-parties
    • Interpleader: permits property owner to join all adverse claimants together in one action to avoid multiple litigation and double liability
    • Class-Action: commonality of questions, adequacy of representative, numerosity, typicality AND separate action could prejudice class, seeking injunction or declaratory relief, or damages where common questions of law or fact predominate and class action superior method
    • CA Class-Action: ascertainable class, well-defined community of interests