CAS Bar CAS Bar Civil Procedure 1 — Questions and Answers
Question 1: Under the California Code of Civil Procedure, the general statute of limitations for written contract claims is:
- 2 years
- 4 years (Correct answer)
- 6 years
- 10 years
Correct answer: 4 years
California CCP §337 provides a 4-year statute of limitations for actions on a written contract.
Question 2: In California, personal jurisdiction over a non-resident defendant requires that the defendant have:
- Physical presence in California at the time of service
- Minimum contacts with California such that jurisdiction is reasonable (Correct answer)
- A registered agent in California
- Domicile in California
Correct 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.
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?
- 20 days
- 30 days (Correct answer)
- 45 days
- 60 days
Correct answer: 30 days
CCP §412.20 requires a defendant to respond to a complaint within 30 days of service of the summons and complaint.
Question 4: A California plaintiff wishes to use discovery to obtain documents from a non-party. The proper mechanism is:
- Interrogatories
- Deposition notice
- Subpoena duces tecum (Correct answer)
- Request for admission
Correct 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.
Question 5: Under California law, which of the following is grounds for a demurrer?
- The complaint fails to state facts sufficient to constitute a cause of action (Correct answer)
- The defendant disputes the factual allegations
- New evidence has emerged since the complaint was filed
- The plaintiff lacks credibility
Correct 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.
Question 6: In California, the doctrine of res judicata (claim preclusion) bars a second lawsuit when:
- The same party lost the first lawsuit
- The second suit involves the same primary right, same parties, and a final judgment on the merits was rendered (Correct answer)
- A party raises the same legal theory in two different courts
- A defendant prevailed on a demurrer in the first action
Correct 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.
CAS Bar CAS Bar Civil Procedure 1
Under the California Code of Civil Procedure, the general statute of limitations for written contract claims is: