Civil Procedure Rule Statements

Discovery-Mandatory Disclosure

1. name, address, and phone number of individuals likely to have discoverable info., and subject of that info. 2. copy or description of all doc/tangible things in a party's possession/custody/control that may be used to support its claims or defenses 3. computation of damages claimed by the disclosing party, w/ supporting materials 4. insurance agreements under which an insurance company may be liable to satisfy all or part of a possible judgment

Motion to Dismiss

A defendant may bring a motion for failure to state a claim upon which relief may be granted if, when viewed in a light most favorable to the non-motioning party, the plaintiff fails to show in her complaint that she will prevail under any set of facts inferable from her claim.

∆'s Response

FRCP: must contain specific denials or admissions of each averment or a general denial w/ specific admissions, and affirmative defenses. CA: answer can be general denial unless responding to a verified complaint.

Erie Doctrine

Fed. crts. are required to apply state substantive law to nonfederal causes of action. N&PC allows fed crts to apply fed procedural rules. Fed crts will also apply state procedural rules when those rules have no bearing on the mechanics of the fed court system.

Appeals

Fed.: must be made w/in 30 days from entry of judgment CA: must be made w/in 60 days after mailing (by the court clerk) or the service (by a party) of the notice of entry of judgment, or 180 days after entry of judgment if no notice was mailed or served.

Pleadings

Fed: notice pleading - short and plain statement of the facts demonstrating that π is entitled to relief. Puts opposing party on notice of the claim. CA: Fact/Code pleading-claimant must plead a statement of facts, constituting the cause of action, in ordinary and concise language. Claimant must provide a fact or facts to support each element of the cause of action. Statement of SMJ, claim, and demand for relief.

Discovery

Provides litigants with an opportunity to obtain and review all of the pertinent evidence prior to trial. Scope: a party is entitled to demand the discovery of any matter that is relevant to the claim or defense of any party; not unreasonably cumulative or burdensome; and not privileged (not discoverable). Relevance: reasonably calculated to lead to the discovery of admissible evidence. Experts: must be called to testify at trial if retained in anticipation of litigation or prepare for trial.

Subject Matter JX

State courts - unlimited JX. Only limits are statutory. Fed courts - only federal question and diversity actions (complete diversity, and a good faith allegation over $75,000)

In Personam JX

Traditional Basis-domicile, presence in state when served (CA does not grant immunity from IPJ to nonresidents who are parties or W in a judicial proceeding), consent. Modern Rule 1. state long-arm statute (CA: gives its courts power over any person or property over which the state can constitutionally exercise JX) 2. Modern Due process: a. Minimum Contacts : i) purposeful availment; ii) foreseeability b. Traditional notions of fair play and substantial justice: i) relatedness between claim and contract; ii) convenience; iii) state's interest; iv) systematic and continuous contacts

Impleader

initiated by a ∆ or the original π. ∆: after serving answer, may proceed against a non-party who may be liable for all or part of the π's claim against the ∆. (∆ becomes 3P π). Oπ: a π may file a 3P complaint to bring in a 3P ∆, if a counterclaim has been asserted against the π that would provide a basis for the π to argue that a 3P is liable for al or part of its liability to the ∆ pursuant to the counterclaim.

Statutory Interpleader

interpleader authorized by fed statute, that allows stakeholder to interplead all claimants. Allows nationwide service or process; diversity JX provided there is minimal diversity and amount in controversy over $500; and venue established where any of the adverse claimants live.

Rule Interpleader

interpleader may be initiated by any person who may be exposed to multiple liability under the FRCP 22. Stakeholder may initiate the claim or invoke the rule of his own initiative or by counterclaiming or cross=claiming against a claimant in an action that has already commenced against the stakeholder

Collateral Estoppel

issues of fact actually litigated and essential to a judgment in a first action are conclusive in a subsequent, although different, action between the π and ∆ or their privies. Does not include default and consent judgments. Sword and shield Tip: Since CA applies the primary rights doctrine w/ RJ, you should still raise collateral estoppel b/c it may prevent the issue from being heard in a subsequent claim.

Res Judicata

prevents re-assertion of the claimant's CoA if there was 1) a final judgment (valid so long as not void; CA-final at conclusion or expiration of an appeal) 2) on the merits (any judgment except ones based on JX, venue or failure to join an indispensable party (or court said not on merits) 3) same parties (in the same configuration; but claim could be barred b/c of compulsory counterclaim) 4) same claims (same CoA. FRCP: same trnxn or occurrence. CA: primary rights doctrine) and 5) the claim was actually litigated or could have been litigated. [VOSS W] CA: Primary Rights Doctrine- a π is entitled to a claim for each violation of a primary right to be free of a specific harm. (i.e., in a car crash, can bring claims for property damage and personal injury in separate claims)

Forum Selection Clauses

reasonable ones are enforced in CA (call for an action to be tried in another state). Venue selection clauses are unenforceable in CA. Forum non conveniens has been codified in CA

Final Judgment Rule

requires a final judgment of the entire case before an appeal may be taken. Exceptions: i. pretrial orders involving temporary remedies ii.final judgment on collateral matters iii. interlocutory orders of great importance that may be determinative of the ultimate decision

Venue CA.

the county in which an action may be tried. Improper venue may be waived if no timely objection made. Venue is proper in a CA county where ∆ resides, or Actions: Contracts: actions may be brought in the CA county where K obligation was to be performed or where the K was entered. Personal Injury/Wrongful Death: actions may be brought in the CA county where injury occurred. For actions involving land, it is the county where land is located. Against a Corporation: a) in the CA county where the K was made; b) to be performed; c) where the obligation or liability arose; d) where the breach occurred; or e) where the organization has its principal place of business.

Intervention by Permission

the court may permit intervention if: 1) a fed statute allows a conditional right to intervention; or 2) the non-party has a claim or defense that shares a common question of law or fact w/ the primary action. Trial court discretion: complexity of the existing action and applicant's claim/defense; length of time fo the primary action been pending; and amount of delay/prejudice to existing parties by the addition of the applicant's claim/defense

Venue Fed.

the proper district in which to bring an action. Venue is proper in a) any district where any ∆ resides, if all ∆ in same state; b) where a substantial part of the claim arose; or c) any district where any ∆ is subject to personal JX (diversity cases) or where any ∆ may be found (non-diversity cases).

Enforcement of Discovery Rules

total or partial failure to provide discovery: motion to compel plus costs and certify good faith attempt to obtain discovery. Sanctions include: -treat matters as admitted -disallow evidence on an issue -establish the issue adverse to the violating party -strike the pleadings -dismiss CoA or entire action (bad faith) -enter a default judgment (bad faith) -hold in contempt, except for refusal to submit to mental or physical exam -immediate or automatic sanction CA: parties must meet and confer to work out problems. Court can sanction "misuses" of discovery.

CA Anti-SLAPP Motion to Strike

when π has filed a strategic lawsuit against public participation. ∆ must make a threshold showing that the CoA in the complaint arose from protected activity (i.e., right of free speech). If showing made, burden on π to show probability of prevailing on the merits. A ∆ who prevails on an Anti-SLAPP motion may bring a SLAPP Back motion-CoA for malicious prosecution.

Interpleader

where a π has some holding that would expose the π to multiple liability from adverse claims. Stakeholder may commence an action for interpleader to resolve liability where there are two or more adverse claimants. Multiple claims must demand the same thing or obligation.

Types of Discovery

Depositions- direct questioning of a party or W under oath. (scheduled w/ reas. notice in writing/notice of depo served on all counsel) Interrogatories-written questions that must be answered by another party in writing under oath. (FRCP limit 25) Requests to Produce-any party may ask another party to produce documents or property for inspection and copying (non-parties by subpoena) Physical or Mental Examinations-when a person's condition is in controversy, a physical or mental exam of the person may be requested. (advance crt. approval required; showing of good cause) Requests for Admission-party may propound a request for admission of any matter w/in the scope of discovery Disclosures (FRCP required; CA no required)

Res Judicata/Claim Preculsion

Claim preclusion bars claims that have already been litigated or that should have been brought in the first lawsuit. Claim preclusion applies where: 1) the second action involves the same parties as the first or parties that are in privity; 2) a court of competent jurisdiction rendered a final judgment on the merits in the first action; 3) the same claim or cause of action was involved in both lawsuits; and 4) the cause of action in the second suit was or could have been litigated in the first suit.

SMJ in CA

- all counties have one superior court that exercises general SMJ over civil matters not w/in the exclusive JX of another court Limited Civil cases-amount in controversy is $25K or less. Restrictions on availability of SMJ over equitable claims, declaratory relief actions, and requests for ancillary JX. Small claims-$7,500 or less. Unlimited Civil cases-over $25K. availability of full range of pleadings, motions, discovery, and equitable and declaratory relief

Notice/Service of Process

CA allows service by nonparties over 18, by personal delivery; substituted service followed by a mailing to ∆; by mail; by publication. FRCP allows service by anyone 18 and over, personal delivery; substituted service (no follow-up mailing required); by mail; by publication.

Rule 12 motions

CA: IPJ-motion to quash service of summons or motion to set aside default. SMJ-general demurrer, motion for judgment on the pleadings, or motion for reclassification Insufficient Service-motion to quash service of summons Failure to state a claim-general demurrer or motion for judgment on the pleadings Failure to join a required party-special demurrer

Joinder of Parties

Compulsory-necessary parties should be joined if possible. If joinder of necessary part is not feasible (diversity), the crt must either proceed w/out absentee or dismiss case ("indispensable"). Permissive-can be joined as π or ∆ if 1) same series of occurrences or transactions; and 2) common question of fact or law among all parties.

Intervention by Right

If timely, a non-party should be allowed to intervene in an action if: 1) a fed statute confers an absolute right of the party to intervene; or 2) a non-party is asserting a protectable interest relating to the property or transaction involved in the lawsuit, and: a) the non-party is so situated that disposing of the action may as a practical matter impair or impede its ability to protect its interest; and b) the non-party's interests are not adequately represented by existing parties.

Class Actions-certifying the class

Initial FRCP requirements: [CANT] 1) class is so numerous that joinder of all members impracticable 2) questions of law or fact common to the class 3) claims of the representative parties are typical of the class 4) representative parties will fairly and adequately protect the interest of the class Class Action Suit Types: Prejudice Injunction/Declaratory Judgment Common question predominate

Pleading

Notice Pleading: A plaintiff in a federal civil case must submit a pleading that is a short and plain statement of the claim showing that s/he is entitled to relief.

Venue-Transfer

can be made when venue is improper or venue is proper, but a) there is no reason to believe that an impartial trial cannot be had in the original county; b) the convenience of the W and the ends of justice would be promoted by the change; or c) there is no judge of the court qualified to act.

CA SMJ Reclassification

Unlimited --> Limited: whether recovery of $25K or greater is "virtually impossible" Limited --> Unlimited: whether there is a possibility that the verdict will exceed $25K

Conflict Laws: CA

a fed crt in CA sitting in diversity must apply CA's conflict of laws rules to determine applicable substantive law. Tort Actions: Gov't Interest Approach-1) whether the laws of the two (or more) states are identical. 2) if not, whether each state has an interest in the application of its law. 3) if so, a true conflict exists and the crt analyzes the comparative impairment to each state's interest should the law of the other state be applied. K Actions: Choice of Law Clauses-see Bar Bri

Intervention

a non-party may assert a right or interest in an ongoing action. If they can meet the test for intervention as a matter of right, then the court must allow the party to intervene. A non-party may also be allowed to intervene by permission of the court.

Class Actions-Maintaining an Action

a) prosecution of separate actions would create risk of i) inconsistent or varying judgments for individual class members est. incompatible standards of conduct for the party opposing the class, or ii) judgments for individual members of the class would substantially impede or impair the ability of other members to protect their interests. b) party opposing the class has acted or refused to act on grounds that are generally applicable to the class as a whole, or c) common questions predominate over individual questions, and the class representation is superior to other methods for adjudicating the controversy.

Supplemental JX

claims that do not provide SMJ may be combined w/ appropriate claims through supplemental JX, provided that they arise out of the same case or controversy. -Same transaction or occurrence; or -common nucleus of operative fact. Can attach both claims and parties to an action. Look for 1 or more claims; 1 or more survive out of fed. crt.; 1 or more cannot. Can't be used to circumvent diversity requirement.