CP Civil Litigation & Procedure 3

Question 1

Under CCP § 2025.210, a plaintiff may serve a deposition notice upon the defendant without leave of court after:

Accepted Answer

20 days after the defendant is served with the summons and complaint

Answer

CCP § 2025.210(b) requires the plaintiff to wait 20 days after service of the summons and complaint before noticing a defendant's deposition without leave of court.

Question 2

A subpoena compelling a non-party witness to appear and testify at a deposition in California is called a:

Accepted Answer

Deposition Subpoena for Personal Appearance

Answer

A Deposition Subpoena for Personal Appearance (CCP § 2020.310) compels a non-party to attend and testify at a deposition.

Question 3

In California, which type of motion asks the court to rule that there is no triable issue of material fact and that judgment should be entered as a matter of law?

Accepted Answer

Motion for Summary Judgment

Answer

A Motion for Summary Judgment under CCP § 437c asks the court to grant judgment without trial because no genuine dispute of material fact exists.

Question 4

Under California law, a cross-complaint must generally be filed:

Accepted Answer

At the same time as or before the answer

Answer

Under CCP § 428.50(a), a cross-complaint against any party must be filed concurrently with the answer or before the answer is filed.

Question 5

The 'five-year rule' under CCP § 583.310 requires a California civil case to be brought to trial within five years or face:

Accepted Answer

Mandatory dismissal with prejudice

Answer

Under CCP § 583.310 and § 583.360, if an action is not brought to trial within five years, it must be dismissed with prejudice.

(CP) California Certified Paralegal Practice Test

(CP) California Certified Paralegal Practice Test

CP Civil Litigation & Procedure 3