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Cal Code Civ Pro

By Lillian Hall,2014-11-05 21:41
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Cal Code Civ Pro

    CODE(S) SUPPLEMENT: CAL CIV PRO

    SOURCE: PROFESSOR SLOMANSONS PAST FINAL EXAM LIBRARIES

    Not all deletions indicated. Last rev: 03/08/12

    CALIFORNIA CODE OF CIVIL PROCEDURE

    ? 86. Jurisdiction

     (a) The following civil cases and proceedings are limited civil cases:

    (1) Cases at law in which the demand, exclusive of interest, or the value of the

    property in controversy amounts to twenty-five thousand dollars ($25,000) or

    less. This paragraph does not apply to cases that involve the legality of any tax,

    impost, assessment, toll, or municipal fine, except actions to enforce payment

    of delinquent unsecured personal property taxes if the legality of the tax is not

    contested by the defendant. * * *

     (b) The following cases in equity are limited civil cases:

     (1) Cases to try title to personal property when the amount involved is not more than twenty-five thousand dollars ($25,000).

     (2) Cases when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.

    ? 128.5. Frivolous actions or delaying tactics; order for payment of expenses; punitive damages

     (a) Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3

    ? 128.7. Signature requirement for court papers; certification that specified conditions met; violations; sanctions; punitive damages

    (a) Every pleading, petition, written notice of motion, or other similar paper shall be

    signed by at least one attorney of record * * * .

    (b) By presenting to the court, whether by signing, filing, submitting, or later

    advocating, a pleading, petition, written notice of motion, or other similar paper,

    an attorney or unrepresented party is certifying that to the best of the person's

    knowledge, information, and belief, formed after an inquiry reasonable under the

    circumstances, all of the following conditions are met:

    (1) It is not being presented primarily for an improper purpose, such as to harass

    or to cause unnecessary delay or needless increase in the cost of litigation.

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    ? 197. Source lists of jurors; contents; data from department of motor vehicles; confidentiality

     (a) All persons selected for jury service shall be selected at random, from a source or sources inclusive of a representative cross section of the population of the area served by the court. Sources may include, in addition to other lists, customer mailing lists, telephone directories, or utility company lists.

     (b) The list of registered voters and the Department of Motor Vehicles' list of licensed drivers and identification cardholders resident within the area served by the court, are appropriate source lists for selection of jurors. These two source lists, when substantially purged of duplicate names, shall be considered inclusive of a representative cross section of the population, within the meaning of subdivision (a).

    ? 335.1. Two years; actions for assault, battery, or injury to, or for death of, individual caused by wrongful act or neglect Within two years: An action for assault,

    battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

    ?364. Notice of intention; time; law governing; fictitious name; effect of failure to comply

     (a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice of the intention to commence the action.

     (b) No particular form of notice is required, but it shall notify the defendant of the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries suffered.

     (c) The notice may be served in the manner prescribed in Chapter 5 * * * .

     (d) If the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the service of the notice.

     (e) The provisions of this section shall not be applicable with respect to any defendant whose name is unknown to the plaintiff at the time of filing the complaint and who is identified therein by a fictitious name, as provided in Section 474. * * * ?395. Actions generally; proper court; waiver

     (a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action. * * * ?395.5. Actions against corporations or associations; place of trial A corporation or

    association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the

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    principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases.

    ?403.020. Amended complaint or other initial pleading; changed jurisdictional classification; reclassification

     (a) If a plaintiff, cross-complainant, or petitioner files an amended complaint or other amended initial pleading that changes the jurisdictional classification from limited to unlimited, the party at the time of filing the pleading shall pay the reclassification fee provided in Section 403.060, and the clerk shall promptly reclassify the case. If the amendment changes the jurisdictional classification from unlimited to limited, no reclassification fee is required, and the clerk shall promptly reclassify the case.

    ?403.030. Limited civil cases; cross-complainant; caption change; reclassification If a party in a limited civil case files a cross-complaint that causes the action or proceeding to exceed the maximum amount in controversy for a limited civil case or otherwise fail to satisfy the requirements for a limited civil case as prescribed by Section 85, the caption of the cross-complaint shall state that the action or proceeding is a limited civil case to be reclassified by cross-complaint, or words to that effect. * * *

? 403.040. Motion for reclassification

     (a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own motion, may reclassify a case at any time. A motion for reclassification does not extend the moving party's time to amend or answer or otherwise respond. The court shall grant the motion and enter an order for reclassification, regardless of any fault or lack of fault, if the case has been classified in an incorrect jurisdictional classification.

    * * *

     (e) Nothing in this section shall be construed to require the superior court to reclassify an action or proceeding because the judgment to be rendered, as determined at the trial or hearing, is one that might have been rendered in a limited civil case.

     (f) In any case where the misclassification is due solely to an excess in the amount of the demand, the excess may be remitted and the action may continue as a limited civil case.

? 410.10. Basis A court of this state may exercise jurisdiction on any basis not

    inconsistent with the Constitution of this state or of the United States.

?415.40. Service on person outside state A summons may be served on a person outside

    this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing.

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?416.10. Corporations generally A summons may be served on a corporation by

    delivering a copy of the summons and the complaint by any of the following methods:

     (a) To the person designated as agent for service of process as provided by any provision in * * * the Corporations Code * * * .

     (b) To the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, [or] * * * a person authorized by the corporation to receive service of process.

    ? 418.10. Motion to quash service of summons or to stay or dismiss action; procedure; appearance; waiver

     (a) A defendant, on or before the last day of his or her time to plead *** may serve and file a notice of motion for one or more of the following purposes:

     (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.

     (2) To stay or dismiss the action on the ground of inconvenient forum. ***

     (b) *** The service and filing of the notice shall extend the defendants time to

    plead until 15 days after service upon him or her of a written notice of entry of an order denying his or her motion ***.

     (c) If the motion is denied by the trial court, the defendant, within 10 days after service *** of a written notice of entry of an order of the court denying his or her motion, or within any further time not exceeding 20 days that the trial court may for good cause allow, and before pleading, may [unlike fed ct must, to avoid waiver of appellate review]

    petition *** for a writ of mandate ***. The *** service and filing of the [writ] notice shall extend the defendants time to plead until *** after service upon him or her of a written notice of the final judgment in the mandate proceeding.

     * * *

     (e) A defendant or cross-defendant may make a motion under this section and simultaneously answer, demur, or move to strike the complaint or cross-complaint.

     (1) Notwithstanding Section 1014, no act by a party who makes a motion under this section, including filing an answer, demurrer, or motion to strike constitutes an appearance, unless the court denies the motion made under this section.

     * * *

     (3) Failure to make a motion under this section at the time of filing a demurrer or motion to strike constitutes a waiver of the issues of lack of personal jurisdiction, inadequacy of process, inadequacy of service of process, inconvenient forum, and delay in prosecution.

?425.10. Statement of facts; demand for judgment

    A complaint or cross-complaint shall contain both of the following:

     (1) A statement of the facts constituting the cause of action, in ordinary and concise language.

     (2) A demand for judgment for the relief to which the pleader claims to be entitled. * * * [T]he amount demanded shall be stated.

    (b) Notwithstanding subdivision (a), where an action is brought to recover actual or punitive damages for personal injury or wrongful death, the amount demanded shall not

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    be stated, but the complaint shall comply with Section 422.30 and, in a limited civil case, with subdivision (b) of Section 70613 of the Government Code.

?425.115. Punitive damages; service of statement; form

     a) As used in this section:

     (1) “Complaint” includes a cross-complaint.

     (2) “Plaintiff” includes a cross-complainant.

     (3) “Defendant” includes a cross-defendant.

     (b) The plaintiff preserves the right to seek punitive damages pursuant to Section 3294 of the Civil Code on a default judgment by serving upon the defendant the following statement, or its substantial equivalent: * * *

     (c) If the plaintiff seeks punitive damages pursuant to Section 3294 of the Civil Code, and if the defendant appears in the action, the plaintiff shall not be limited to the amount set forth in the statement served on the defendant pursuant to this section.

     (d) A plaintiff who serves a statement on the defendant pursuant to this section shall be deemed to have complied with Sections 425.10 and 580 of this code and Section 3295 of the Civil Code.

     (e) The plaintiff may serve a statement upon the defendant pursuant to this section, and may serve the statement as part of the statement required by Section 425.11.

     (f) The plaintiff shall serve the statement upon the defendant pursuant to this section before a default may be taken, if the motion for default judgment includes a request for punitive damages.

     (g) The statement referred to in subdivision (b) shall be served by one of the following methods:

     (1) If the party has not appeared in the action, the statement shall be served in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.

     (2) If the party has appeared in the action, the statement shall be served upon his or her attorney, or upon the party if he or she has appeared without an attorney, either in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14.

    ?425.13. Negligence actions against health care providers; claims for punitive damages; amended pleadings

     (a) In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code. The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed within two years after the complaint or initial pleading is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier.

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