CA/FED Civ Pro...

Here is my breakdown of the distinctions... keep in mind that I purposely left out things that I thought were not really differences. The only real example that comes to mind is the class action distinctions, as I decided that I just didn't think the differences were substantive enough to warrant learning.

Enjoy....

CA/FED Civ Pro Distinctions

CA long arm statute= constitutional limits
CA conflict of Law Rules= For Tort claims: if there is a conflict, balance the state interests
For Contract claims: if choice of law clause is enforceable, then balance the state interests
Subject Matter Jurisdiction
Fed-
1) Federal Question or
2) Diversity
CA-
1) Limited Civil= $25K or less,
2) Unlimited civil= more than $25K,
3) Small claims= under $7,500
Venue
Fed-
determines the judicial district in which an action under fed jurisdiction may be brought
Rule: proper:
1) where any defendant resides (if all in same state), or
2) where the T/O properly held/occurred
If no 1 or 2, in solely diversity cases, where any defendant is subject to PJ
If no 1 or 2, not diversity cases, where any defendant is found
CA-
determines the county in which an action within state court jurisdiction may be brought
Rule:
1) the county where where any defendant resides, where the contract performance or execution to occur, or where the tort occurred. (For corps, where the contract is to be performed, the breach occurs, or the principle place of business.)
Transfer of Venue
Fed- improper venue may be waived
Venue may be transferred “in the interest of justice”
CA- if improper, may still transfer if 1) not impartial, 2) convenience, or 3) no qualified judge in that county
Venue selection clauses unenforceable
Service of Process
Fed:
1) personal delivery,
2) leave at dwelling house or usual abode with person of suitable age and discretion residing therein, or
3) serving an agent appointed for service.
Alternate ways are
4) to follow the methods for service of process in the state where the federal court sits, and
5) if Defendant out of state, pursuant to the state’s rules where the action is pending
CA:
1) not a party and
2) over the age of 18
Options:
1) personal
2) Substituted followed by mailing
3) mail
4) publication
Immunity from Process
Fed:
1) if enter the state to appear in another action, or
2) fraud or deceit by the plaintiff
CA: no immunity
Injunctions
Fed- TRO: 10 day period if:
1) Irreparable harm
2) Must show why notice not required, and
3) Post security bond
CA TRO:
1) no time limit-expires when preliminary injunction issued or denied
2) if no notice- hearing on prelim injunction within 15 days
3) court has discretion to issue without a bond
Pleadings
Fed: Notice Pleading, must include:
1) Grounds of jurisdiction
2) Short statement of claim (fraud pled with particularity)
3) Demand for judgment for relief
CA: Fact Pleading (based on Code)
1) Statement of facts
2) Demand for judgment for relief
Pre-Answer Motion/Demurrer
Fed:
Motion to dismiss, for:
1) Lack of SMJ
2) Lack of PJ
3) Improper venue
4) Insufficiency of Process
5) Insufficiency of Service if Process
6) Failure to State a Claim for Relief
7) Failure to Join Indispensible Party
CA:
calls the 12(b)(6) motion a demurrer, works the same as the federal counterpart
Two kinds:
1) General demurrer- like 12(b)(6), can’t bring for lack of SMJ
2) Special demurrer- can bring for:
a. Lack of legal capacity
b. Other action pending
c. Defect/misjoinder of parties
d. Uncertain pleadings
e. Oral/written contract not plead
f. Not filing required certificates
Motion to Quash/Strike
Fed:
1) Motion to quash- objection to PJ, file with answer to preserve objection
2)Motion for more definite answer- must be before answering (in CA, special demurrer)
3)Motion to strike- used for any insufficient defense, redundant immaterial or scandalous material (CA has anti-SLAPP motion to strike)
Pre-Trial or Trial Procedures
Fed:
1) Must have general/special denial(s)
2) Must include affirmative defenses
3) If Rule 12 motion, answer within 20 days
4) If waive formal service, must answer within 60 days
CA:
1) General or specific denial(s)
2) If complaint verified, answer must also be verified
3) 30 days to answer complaint
4) If demurrer, must be within 10 days
Default Judgments
Fed:
is a sum certain
2) Party failed to appear, and
3) Party is not infant or incompetent
4) Notice after default required before default hearing
CA:
clerk may enter if
1) Arises out of contract or judgment
2) There is a sum certain
3) Party was not served by publication
4) Notice not required and no right to appear at default hearing
Counterclaims/Cross Complaints
Fed:
called counter claims
1) Compulsory- requires same T/O
2) Permissive- needs independent jurisdiction
3) Must reply within 20 days
CA:
called Cross Complaints
Amended Pleadings
Fed:
1) amendment to new cause of action, relates back to original complaint, must be same T/O
2) amendment to add new Defendant, if S of L not run, is permitted
3) exceptions- 1) mistake ID, within 120 days, and party knew or should have known
CA:
1) misnomer doctrine
2) Doe amendments (within 3 years of filing complaint), if:
a. Genuinely ignorant
b. Original complaint has the allegations in it
Intervention
Fed:
1) Of right- interest in property or transaction, no apparent supp. Jur.
2) Permissive- question of fact/law in common, not necessarily a direct or pecuniary interest, needs independent jurisdiction
CA:
requires “direct and immediate interest”
Discovery
Fed:
affirmative duty to make reasonable inquiry into facts and disclose information
CA:
no automatic disclosure requirement
Work Product
Fed:
discoverable upon showing of:
1) Substantial need, and
2) Avoid undue hardship
CA:
substantially the same, but language is “unfairly prejudice or result in injustice”
Case Management
Fed:
requires meet and confer to plan discovery, court makes a schedule they have to follow
CA:
case management conference will be scheduled by court within 180 days of filing c/o
Jury Trial
Fed:
7th A preserves right to jury trial in federal court if suit is:
1) Common law, and
2) Greater than $20
3) Must make demand within 20 days or waived
4) Legal claims tried first, then equitable
CA:
right exists for,
1) Common law claims
2) Gist of the action legal rather than equitable
Dismissal by Plaintiff
Fed:
as a matter of right until answer/SMJ filed or stipulation of all parties
CA:
as a matter of right until commencement of trial (unless parties agree otherwise)
Directed Verdict/Nonsuits
Fed:
called Judgment as a Matter of Law (Directed Verdict), renewed judgment as a matter of law must be filed within 10 days after entry of judgment
CA:
called nonsuit, motion made after plaintiff’s opening, may be partial (on certain issues)
Called directed verdict after all evidence is presented
Motion for a New Trial
Fed:
within 10 days
CA:
within 15 days
Same grounds, failure to move for new trial will be waived on appeal
Motion for Summary Judgment
Fed:
defendant can bring at any time, plaintiff/claimant can bring 20 days or after another party brings
CA:
any party- after 60 days since general appearance of the other party
Otherwise, both substantially the same
Relief from Judgment
Fed:
grounds
1) Mistake, inadvertence, surprise or excusable neglect
2) New evidence
3) Misconduct, fraud of adverse party
4) Void judgment
5) Satisfaction/release/discharge/prior judgment vacated or reversed
6) Generally within one year
CA:
grounds
1) Mistake, inadvertence, surprise, or excusable neglect
2) Reasonable time, not to exceed 6 months
3) Void judgment
Final Judgment
Fed:
unless judge makes express determination, order on some parties will not be final- must dispose of the whole case on its merits by rendering final judgment as to all parties and all claims
Notice of appeal within 30 days
CA:
judgment against some is final if no further issues and is immediately appealable
Notice of appeal within 60 days
Res Judicata
Fed:
final when rendered
Includes all rights from the same transaction or occurrence
CA:
final when all appeals exhausted
Includes “primary rights” (based on causes of action, ie. for personal injury, property damages, etc.)