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

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:

Accepted Answer

Minimum contacts with California such that jurisdiction is reasonable

Answer

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?

Accepted Answer

30 days

Answer

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:

Accepted Answer

Subpoena duces tecum

Answer

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?

Accepted Answer

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

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS Bar Civil Procedure