CAS Bar Civil Procedure Flashcards

Under California's anti-SLAPP statute (CCP §425.16), a defendant may file a special motion to strike a complaint when the claims arise from:

Answer: Protected activity in connection with a public issue

CCP §425.16 allows a special motion to strike claims arising from acts in furtherance of the defendant's right of petition or free speech on a public issue.

Which of the following correctly states the standard for granting summary judgment in California?

Answer: There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law

Summary judgment is granted when no triable issue of material fact exists and the moving party is entitled to judgment as a matter of law under CCP §437c.

In California civil litigation, mandatory electronic filing (e-filing) in superior courts is governed by local rules and:

Answer: CCP §1010.6, which authorizes e-filing statewide

CCP §1010.6 is the primary statute authorizing and regulating electronic filing in California superior courts.

A California court may dismiss a case for lack of prosecution under the mandatory dismissal rule if it has not been brought to trial within:

Answer: 5 years of filing

CCP §583.310 requires that a California civil action be brought to trial within 5 years of filing or it must be dismissed.

Under California civil procedure, a party who fails to respond to properly served interrogatories may face which of the following consequences?

Answer: Waiver of objections and a court order compelling responses

Failure to timely respond to interrogatories results in waiver of objections, and the propounding party may move for an order compelling responses and sanctions.

In a California civil case, collateral estoppel (issue preclusion) prevents relitigation of an issue when:

Answer: The issue was actually litigated, necessarily decided, and the party against whom it is asserted had a full and fair opportunity to litigate

Collateral estoppel requires that the issue was actually litigated, necessarily decided, and that the party had a full and fair opportunity to litigate it in the prior proceeding.