CAS Bar CAS Bar Civil Procedure 2 — Questions and Answers
Question 1: 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:
- Any tortious conduct by the defendant
- Protected activity in connection with a public issue (Correct answer)
- Breach of a government contract
- Defamation occurring outside California
Correct 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.
Question 2: Which of the following correctly states the standard for granting summary judgment in California?
- There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
- The moving party has a stronger case on the merits
- All discovery has been completed without revealing disputed facts
- The non-moving party fails to appear at the hearing
Correct 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.
Question 3: In California civil litigation, mandatory electronic filing (e-filing) in superior courts is governed by local rules and:
- CCP §1010.6, which authorizes e-filing statewide (Correct answer)
- Federal Rule of Civil Procedure 5(d)
- The California Evidence Code
- Only by agreement of the parties
Correct 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.
Question 4: 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:
- 2 years of filing
- 3 years of filing
- 5 years of filing (Correct answer)
- 10 years of filing
Correct 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.
Question 5: Under California civil procedure, a party who fails to respond to properly served interrogatories may face which of the following consequences?
- Automatic entry of default judgment
- Waiver of objections and a court order compelling responses (Correct answer)
- Immediate dismissal of the case
- Sanctions only if a motion is brought and the court finds bad faith
Correct 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.
Question 6: In a California civil case, collateral estoppel (issue preclusion) prevents relitigation of an issue when:
- The same parties are involved in a new lawsuit with different claims
- The issue was actually litigated, necessarily decided, and the party against whom it is asserted had a full and fair opportunity to litigate (Correct answer)
- A party's attorney failed to raise the issue in the prior case
- The same judge presides over both cases
Correct 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.
CAS Bar CAS Bar Civil Procedure 2
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: