CAS Bar CAS Bar Civil Procedure

Question 1

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

Accepted Answer

4 years

Answer

2 years

Answer

6 years

Answer

10 years

Question 2

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

Accepted Answer

Minimum contacts with California such that jurisdiction is reasonable

Answer

Physical presence in California at the time of service

Answer

A registered agent in California

Answer

Domicile in California

Question 3

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

Accepted Answer

30 days

Answer

20 days

Answer

45 days

Answer

60 days

Question 4

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

Accepted Answer

Subpoena duces tecum

Answer

Interrogatories

Answer

Deposition notice

Answer

Request for admission

Question 5

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

Accepted Answer

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

Answer

The defendant disputes the factual allegations

Answer

New evidence has emerged since the complaint was filed

Answer

The plaintiff lacks credibility

Question 6

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

Accepted Answer

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

Answer

The same party lost the first lawsuit

Answer

A party raises the same legal theory in two different courts

Answer

A defendant prevailed on a demurrer in the first action