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Specific Personal Jurisdiction
The court has Specific Personal Juridiction if Plaintiff's claim is related to Defendant's contact with the forum, even if Defendant has limited contact with the forum.
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General Personal Jurisdiction
- The court has General Personal Jurisdiction if Defendant has continuous and systematic ties with the forum, even for claims arising from anywhere.
- Eg, domicile, incorporation, presence of major facility
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In Personam Jurisdiction
- Personal jurisdiction over a defendant req's satisfaction of:
- 1) Statute, AND
- 2) Constitution.
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Federal Subject Matter Jurisdiction
- Federal courts may only hear 2 types of suits:
- 1) Diversity of Citizenship Cases
- 2) Federal Question Cases
- Diversity Req's:
- 1) Action is between "citizens of different states" AND
- 2) Amount in controversy is $75k or more (can be based on good faith, unless clear to a legal certainty)
Federal Questions Req's that the claim "arises under" federal law, ie a right or interest founded substantially on federal law.
Additional Claims are subject to Supplemental Jurisdiction.
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Complete Diversity Rule
For Federal diversity cases, there is no diversity if any plaintiff is a citizen of the same state as any defendant.
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State Citizenship of Natural Person
- A natural person's state citzenship is the state of domicile.
- Test for diveristy when case is filed.
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Domicile
- Established by:
- 1) Presence in state, AND
- 2) Intent to make state permanent home.
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State Citizenship of a Corporation
- A Corporation's state citizenship is:
- 1) State shere incorporated, OR
- 2) The one state where the coporation has its principal place of business.
- Corporations can give 2 citizenships.
A Unincorporated association's state citizenship is the citizenship of all members.
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Aggregation
- Adding mulitple claims to meet the requirement for amount in controversy is allowed IF:
- 1) There is one plaintiff against one defendant OR
- 2) The claim is against multiple Joint Tortfeasors.
- Can aggregate totally unrelated claims
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Measure of Value of Equitable Relief for Amount in Controversy
- Equitable relief can be measured by:
- 1) Plaintiff's decrease in value w/o relief, OR
- 2) Defendant's cost to comply w/ relief.
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Supplemental Jurisdiction
- Additional claims that do not meet the diversity or federal question requirements for subject matter jurisdiction may be added with supplemental jurisdiction.
- Supplemental jurisdiction allows the claim if it shares a 'common nucleus of operative fact' with the claim that invokes subject matter jurisdiction.
- Exception: CANNOT be used for plaintiffs in diversity cases to overcome lack of diversity, though can overcome lack of amount in controversy.
- Court Discretion: Court has discretion to NOT hear the supplemental claim if :
- 1) The federal question is dismissed early in the proceedings,
- 2) The state law claim is complex, OR
- 3) The state law issues would predominate.
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Removal
- Defendant in state court might beable to 'remove' the case to federal court, if case would invoke diversity or federal question.
- For multiple defendants, all defendants must agree,
- For diversity cases, no removal if any defendant is a citizen of the forum.
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Erie Doctrine
- In diversity cases, federal courts must apply state substantive law ("outcome determinative") and federal procedural law ("arguably procedural").
- Apply state law for:
- 1) Elements of a claim or defense,
- 2) Statute of Limitations,
- 3) Tolling of Statute of Limitations,
- 4) Conflict of law rules.
- If not sure that law is substantive or procedural, test:
- 1) Outcome determinative,
- 2) Balance of Interests, AND
- 3) Avoid Forum Shopping
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Venue
- The venue is the federal court in the proper district for the case or the state court in the proper county.
- In Federal, venue is proper where:
- 1) All defendant resides if all in same state (in any district a defendant resides if they reside in different districts of the same state),
- 2) A substantial part of the events occurred or property situated, OR
- 3) For cases solely based on diversity, where any defendant is subject to personal jurisdiction; OR
- 3) For not solely based on diversity, where defendant may be found.
- In CA, venue is proper where:
- 1) Any defendant resides,
- 2) If none reside in CA, any county.
- Local Action - actions about land must be filed in the district where the land lies
- Transitory Actions - all other actions not local
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Federal Rules for Transfer of Venue
- A federal court may transfer the case to another federal district court that has personal jurisdiction over Defendant.
- If original venue is proper, the court has discretion to transfer based on convenience for the parties and witnesses and the interests of justice, weighing factors:
- 1) Public factors, eg applicable law, burden of jury service, local controversy
- 2) Private factors, eg location of witnesses and evidence
- If the original venue is improper, the court may
- 1) Transfer in the interests of justice, OR
- 2) Dismiss.
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Forum Non Conveniens
- The court will dismiss or stay the case if:
- 1) there is another court that is far more convenient, AND
- 2) transfer is impossible.
- Eg, court in foreign country
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Process
- 1) Summons, AND
- 2) A copy of Complaint.
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Personal Jurisdiction
- California can exericise jurisdiction to the extent of the Constitution.
- The Constitution requires:
- 1) Minimum Contact AND
- 2) Fairness.
- Contact factors:
- 1) Purposeful availment AND
- 2) Foreseeability.
- Fairness factors:
- 1) Relatedness,
- 2) Convenience, AND
- 3) State's Interest.
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Methods of Service
- For Federal law,
- 1) Personal Service;
- 2) Substituted Service;
- 3) Service on Defendant's agent;
- 4) Methods permitted by State Law;
- 5) Waiver by Mail.
- For California,
- 1) Personal Service; (Req'd before substitute service)
- 2) Substituted Service;
- 3) Registered Agent;
- 4) Service by Mail;
- 5) Service by Publication.
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Substituted Service
- Process may be left with...
- Federal Req's:
- 1) At Defendant's usual abode,
- 2) Serve someone of suitable age and discretion, AND
- 3) Who resides there.
- CA Req's:
- 1) Try Personal Service First,
- 2) At Defendant's usual abode or mailing address,
- 3) Left w/ a competent member of the household at least 18 y/o,
- 4) Person must be informed of contents, AND
- 5) Process must also be mailed by first-class mail, postage prepaid, to Defendant.
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Waiver by Mail
- Plaintiff may mail to Defendant:
- 1) A copy of the complaint,
- 2) 2 copies of a waiver form, AND
- 3) A prepaid means of returning the form.
- Defendant may waive formal service if returns to Plaintiff w/i 30 days.
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Immunity of Service
Defendant may not be served for a federal civil case while instate to be a witness or party in another civil case.
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Rule 11
- Attorney or Pro Se party must sign all papers.
- Signature indicates that signer is certifying that to the best of his knowledge and belief, and after reasonable inquiry:
- 1) The paper is not for an improper purpose,
- 2) Legal contentions are warranted by law, AND
- 3) Factual contentions have evidentiary support.
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Violation of Rule 11
Non-violating party cannot move for sanctions immediately because of the safe harbor of 21 days of opportunity to fiz the problem.
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Requirements for the Complaint
- Req'ts:
- 1) Statement of grounds for Subject Matter Jurisdiction,
- 2) Short and plain statement of the claim,
- 3) Demand relief sought.
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Standard for Pleadings
- Federal: Notice Pleading with facts supporting a plausible claim
- CA: Fact Pleading, req'ing ultimate facts constituting the cause of action
- For Fraud, Mistake, and Special Damages: must be plead with particularity. (CA+ civil conspiracy, tortious breach of K, unfair business practices, and product liability claims among multiple defendants resulting from exposure to toxins)
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Ficticious Defendants
- If Plaintiff is genuinely unaware of the identity of Defendant, Plaintiff may name a "Doe" defendant and allege:
- 1) Plaintiff is unaware of Defendant's true identity,
- 2) A Cause of Action against the "Doe" defendant.
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Verified Pleadings
- Pleadings signed under oath and treated as affidavits.
- Verified answers are required for a Verified complaint.
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Rule 12
- Defendant is required to respond by:
- 1) Motion, or
- 2) Answer.
- Fed: w/i 21 days after service of process, or 60 days if service waived, or answer 14 days after motion denied
- CA: w/i 30 days after service of process is deemed complete.
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Motions
- Motions are request for court orders.
- In response to the complaint, Defendant may:
- Motion for More Definite Statement,
- Motion to Strike,
- Raise Rule 12(b) Defenses:
- 1) Lack of Subject Matter Jurisdiction,
- 2) Lack of Personal Jurisdiction, (waivable)
- 3) Improper Venue, (waivable)
- 4) Insufficiency of Process, (waivable)
- 5) Insufficient Service of Process, (waivable)
- 6) Failure to State a Claim,
- 7) Failure to Join Indispensable party.
- Waivable - waived if not in first Rule 12 response
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Answer
- The answer may contain:
- 1) Responses, admit or deny, to allegations of complaint, AND
- 2) Raise affirmative defenses, ie statute of limitations, statute of frauds, res judicata, self-defenses
- Must be served w/i 21 days after service of process or 14 days after motion denied.
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Counterclaim
- In Federal court, counterclaims are claims against the opposing party.
- Types:
- 1) Compulsory - Defendant's claim arises from same transaction or occurrence as Plaintiff's claim; waived if not filed
- 2) Permissive - Defendant's claim doesn't arise from the same transaction or occurence as Plaintiff's claim
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Crossclaim
- In Federal court, crossclaims are claims against a co-party and must arise from the same transaction or occurence.
- BUT is not waived if not filed in pending case.
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Cross-Complaint
In California court, cross-complaints are claims against opposing party, or a third-party.
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Right to Amend
- Plaintiff has a right to amend once w/i 21 days after Defendant serves a first Rule 12 response.
- Defendant has a right to amend once w/i 21 days of serving his answer.
- After, must seek leave of court and right to amend will be granted if 'justice so requires.'
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Variance
Amending a complaint to conform to the evidence, at or after trial.
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Relation Back
- Treat amended pleading as though it was filed when the original was filed, to avoid stataute of limitations problems.
- Applies:
- To join a new claim, IF concerns same conduct, transaction, or occurrence as the original pleading
- To change a Defendant, IF:
- 1) Concerns same conduct, transaction, or occurrence as the original pleading,
- 2) The new party knew of the action w/i 120 days of its filing, AND
- 3) The new party knew that, but for a mistake, he would have been named originally.
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Impleader
In Federal court, impleaders are claims against a third-party.
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Relatedness
- Relatedness exists if Plaintiff's claim arise from Defendant's contact with the forum, and is satisfied by:
- 1) Specific Personal Jurisdiction, OR
- 2) General Personal Jurisdiction.
- A requirement for Fairness under the Constitutional limitations on Personal Jurisdiction.
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Purposeful Availment
Defendant 'purposely availed' himself of the privilege of conducting activities in the forum, invoking the benefits and protections of its laws.
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Convenience
- Forum will be convenient UNLESS Defendant is put at a severe advantage in the litigation.
- A requirement for Fairness under the Constitutional limitations on Personal Jurisdiction.
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Reclassification
- Unlimited to Limited req's: >$25k is virtually impossible
- Limited to Unlimited req's: >$25 is a possibility
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California Rules for Transfer of Venue
- If original venue is improper, Defendant can move to transfer before or with answer, demurrer, or motion to strike.
- If original venue is proper, court may tansfer if:
- 1) Reason to believe an impartial trial can't be held,
- 2) Convenience of witnesses and ends of justice would be promoted, OR
- 3) No qualified judge.
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Forum Non Conveniens
- Courts may dismiss or stay an action if it should be heard in another state or country.
- Fed courts may dismiss or stay action after weighing public and private factors.
- CA courts may dismiss or stay action in the interest of substantial justice, and may move case to another state if:
- 1) Alternative forum is suitable (Personal Jrdx, S/L, DP and impartial jud), AND
- 2) Private and Public interest factors balance in favor of alterative forum.
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Discovery may be made...
- ... of any non-privileged matter that is relevant to any claim or defense.
- Fed: Relevant means reasonably calculated to lead to discovery of admissible evidence.
- CA: Relevant means relevant to the subject matter involved in the pending action.
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Discovery Tools
- 1) Deposition (nonparties should be subp'd ducem tecum, lmt 10)
- 2) Interrogatory (party only, lmt 25)
- 3) Requests to produce (nonparties should be subp'd)
- 4) Physical or Mental Exam (court order only, req's health be actual controversey or good cause)
- 5) Request for Admission (party only, esp authentication)
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Summary Judgment
SJ should be granted if: from the pleadings, there is no genuine issue of material fact and entitled to judgment as a matter of law.
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Motion to Dismiss for Failure to State a Claim
- On the face of the complaint, if all facts alleged were true, Plaintiff would not win a judgment.
- Called "Motion for Judgment on the Pleadings" after answer
- CA: Demurrer
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Motion for Judgment on the Pleadings
- Same as Motion to Dismiss for Failure to State a Claim except it is done after answer.
- Motion to Dismiss for Failure to State a Claim is granted if Plaintiff would not win a judgment even if all facts alleged on the face of the complaint were true.
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Motion for Judgement as a Matter of Law
- Grant motion if reasonable people could not disagree on the result.
- May bring motion after the other side is heard. (D 2x, P 1x)
- Like "Summary Judgment" but during trial.
- May bring renewed motion after trial.
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Joinder of Parties
- Permissive Joinder of a party if:
- 1) Claim arises out of same transaction or occurrences, AND
- 2) Common question of fact or law to all parties.
- Compulsory Joinder of a party if:
- 1) Complete relief cannot be given to existng parties in his absence,
- 2) Disposition in his absence may impair his ability to protect his interest in the controversy, OR
- 3) His absence would expose existing parties to a substantial risk of double or inconsistent obligations.
- Joinder is Feasible if:
- 1) Personal Jurisdiction exists, AND
- 2) Joining will not destroy diversity.
- If not Feasible, proceed without, OR dismiss case, considering factors:
- 1) Alternative forum available,
- 2) Likelihood of actual harm, AND
- 3) Whether court can shape relief to avoid harm.
- Dismiss if party is indispensible.
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Joinder of Claims
- Claims may be joined:
- 1) If success of first is required for second,
- 2) In Diversity Cases, Plaintiff may aggregate all claims that he has against Defendant.
- 3) For Federal Questions Cases, nonfederal claims must be part of the same case or contoversy as the federal claim.
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Class Action
- Req's:
- 1) Commonality - some q's of law and fact in common to class
- 2) Adequate Representation
- 3) Numerosity - too many class members for practicable joinder
- 4) Typicality - rep's claims/defemses are typical of those in the class
- If class action is for damages: then must individually notify all reasonably identifiable class members to allow for opt-out.
- For Diversity citizenship considerations: use rep's citizenship
- To dismiss or settle: court approval req'd
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Class Action Fairness Act
- Subject Matter Jurisdiction is granted if:
- 1) Aggregated claims >$5mil AND
- 2) Any class member is of diverse citizenship from any defendant
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