CAS Bar Civil Procedure Flashcards

Under the California Code of Civil Procedure, the general statute of limitations for written contract claims is:

Answer: 4 years

California CCP §337 provides a 4-year statute of limitations for actions on a written contract.

In California, personal jurisdiction over a non-resident defendant requires that the defendant have:

Answer: Minimum contacts with California such that jurisdiction is reasonable

Due process requires minimum contacts with the forum state so that exercising jurisdiction does not offend traditional notions of fair play and substantial justice.

Under California's Code of Civil Procedure, a defendant must generally file a responsive pleading within how many days after service of the summons?

Answer: 30 days

CCP §412.20 requires a defendant to respond to a complaint within 30 days of service of the summons and complaint.

A California plaintiff wishes to use discovery to obtain documents from a non-party. The proper mechanism is:

Answer: Subpoena duces tecum

A subpoena duces tecum is the proper tool to compel document production from a non-party under California CCP §2020.410.

Under California law, which of the following is grounds for a demurrer?

Answer: The complaint fails to state facts sufficient to constitute a cause of action

A demurrer challenges the legal sufficiency of the complaint on its face, including that it fails to state facts sufficient to constitute a cause of action.

In California, the doctrine of res judicata (claim preclusion) bars a second lawsuit when:

Answer: The second suit involves the same primary right, same parties, and a final judgment on the merits was rendered

Claim preclusion bars relitigation when there is identity of parties, identity of claims (same primary right), and a final judgment on the merits.