Civil Litigation & Procedure Flashcards

In California, a 'default' is entered against a defendant who fails to respond to the complaint within the allotted time. What must a plaintiff do BEFORE a default can be entered?

Answer: File a request for entry of default with proof of service

Under CCP § 585, a plaintiff must file a request for entry of default accompanied by proof of service showing the defendant was properly served and failed to respond.

Under California's Anti-SLAPP statute (CCP § 425.16), a SLAPP suit is a lawsuit that arises from:

Answer: A person's exercise of their constitutional right of petition or free speech on a public issue

CCP § 425.16 targets 'strategic lawsuits against public participation' — suits arising from protected activity in connection with a public issue — allowing early dismissal via a special motion to strike.

A 'stipulation' in California civil litigation is best described as:

Answer: A written agreement between parties regarding a procedural or substantive matter

A stipulation is a voluntary written agreement between the parties (and their counsel) on procedural or substantive matters, which may be binding upon the court.

Under CCP § 998, a party may serve an offer to compromise. If the offering party obtains a judgment more favorable than the offer, the other party may be liable for:

Answer: The offering party's expert witness fees incurred after the offer date

Under CCP § 998(c), if a defendant's offer is not accepted and the plaintiff fails to obtain a more favorable judgment, the plaintiff may be ordered to pay the defendant's expert witness costs incurred after the offer.

In a California civil jury trial, the standard of proof for most civil claims requires the party with the burden of proof to establish their case by:

Answer: A preponderance of the evidence

The standard of proof in most California civil cases is preponderance of the evidence — meaning it is more likely than not that the fact is true.

Which of the following describes a 'third-party complaint' in California civil litigation?

Answer: A cross-complaint by a defendant against someone not already a party who may be liable to the defendant

A third-party complaint (cross-complaint for indemnity or contribution) allows a defendant to bring in a new party — not already in the action — who may be wholly or partly liable to the defendant.

After a California jury verdict, a party who believes the verdict is not supported by the evidence may file a motion for:

Answer: New trial or judgment notwithstanding the verdict (JNOV)

Under CCP §§ 629 and 657, a losing party may move for a judgment notwithstanding the verdict (JNOV) or a new trial if the verdict lacks sufficient evidentiary support.