CAS Bar CAS California-specific Essays 5

Question 1

California's Anti-SLAPP statute (CCP §425.16) permits a defendant to file a special motion to strike when the plaintiff's claims arise from:

Accepted Answer

Acts in furtherance of the right of petition or free speech in connection with a public issue

Answer

CCP §425.16 allows defendants to strike claims that arise from protected activity — acts in furtherance of the constitutional right of petition or free speech connected to a public issue.

Question 2

Under California Code of Civil Procedure §430.10(e), a general demurrer may be sustained when:

Accepted Answer

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

Answer

A general demurrer under CCP §430.10(e) tests the legal sufficiency of the pleading — it is sustained when the complaint fails to allege facts sufficient to state a cause of action.

Question 3

In Li v. Yellow Cab Co. (1975), the California Supreme Court adopted which system of comparative fault?

Accepted Answer

Pure comparative fault — plaintiff may recover damages even if 99% at fault

Answer

In Li v. Yellow Cab Co., the California Supreme Court adopted pure comparative fault, allowing plaintiffs to recover damages proportionally reduced by their own percentage of fault, even if they are more at fault than the defendant.

Question 4

Under California's strict products liability doctrine established in Greenman v. Yuba Power Products (1963), a plaintiff must prove:

Accepted Answer

The product was defective when it left the manufacturer's control and the defect caused plaintiff's injury

Answer

Greenman established that a manufacturer is strictly liable when a product with a manufacturing defect causes injury; the plaintiff need only show the defect existed when the product left the defendant's control.

Question 5

Under California Code of Civil Procedure §335.1, the statute of limitations for a personal injury action is:

Accepted Answer

2 years from the date of injury or discovery

Answer

California CCP §335.1 provides a two-year statute of limitations for personal injury claims, subject to the discovery rule which may toll the period until the plaintiff knew or should have known of the injury.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar CAS California-specific Essays 5