CAS Bar Civil Procedure Flashcards

Under California's discovery rules, an attorney-client communication is protected unless:

Answer: The client waives the privilege or the crime-fraud exception applies

The attorney-client privilege can be overcome by waiver or the crime-fraud exception, which applies when the communication furthers a crime or fraud.

A California plaintiff files a complaint but fails to serve the defendant. Under CCP §583.210, the defendant must be served within:

Answer: 3 years of filing

CCP §583.210 requires service of the summons and complaint within 3 years of filing, or the action must be dismissed.

Which of the following is TRUE about venue in California superior court?

Answer: For contract cases, venue is proper where the contract was to be performed

CCP §395 provides that for contract actions, venue is proper in the county where the obligation was to be performed or where the defendant resides.

Under California's Code of Civil Procedure, a motion for new trial must be filed within:

Answer: 15 days of service of notice of entry of judgment

CCP §659 requires that a notice of intention to move for a new trial be filed within 15 days after service of written notice of entry of judgment.

California's compulsory cross-complaint rule (CCP §426.30) requires a defendant to file a cross-complaint for a claim that:

Answer: Arises out of the same transaction or occurrence as the plaintiff's cause of action

Under CCP §426.30, a defendant must file a cross-complaint for any related cause of action arising from the same transaction or occurrence, or the claim is barred.

Under California's class action requirements (CCP §382), which element is typically considered the most important for class certification?

Answer: Community of interest—common questions of law or fact predominate

California courts emphasize the community of interest requirement, particularly that common questions of law or fact predominate over individual questions.