CAS Bar CAS Bar Civil Procedure 2

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:

Accepted Answer

Protected activity in connection with a public issue

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

CCP §1010.6, which authorizes e-filing statewide

Answer

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:

Accepted Answer

5 years of filing

Answer

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?

Accepted Answer

Waiver of objections and a court order compelling responses

Answer

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

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS Bar Civil Procedure 2