CA Civ Pro: Jurisdiction and Venue

California Long Arm Statute

CA long arm statute reaches to the Constitutional limit

California Corporation Registration Statute

CA does not impose general personal jurisdiction on a corporation that registers to do business within the state

California SMJ Generally

CA Superior Courts have general jurisdiction, so SMJ over anything not exclusively delegated to the federal courts

Classifications of Civil Cases

Limited civil cases, unlimited civil cases, small claims cases

Limited Civil Cases

Amount in controversy does not exceed $35,000. Discovery is limited. No special demurrer. Expedited jury trial. Generally no permanent injunction, declaratory judgment, or determination of title to land. Amount recovered cannot exceed $35,000

Unlimited Civil Cases

Cases where P sues to determine title to land or seeks general equitable relief, such as permanent injunctions or declaratory relief. Any damages sought must exceed $35,000

Small Claims Cases

Often pro se with limited procedures. Amount in controversy limited to $12,500, or $6,250 for entities

Determining Classification

Plaintiff determines the classification based on: (1) the amount of demand; or (2) the recovery sought; or (3) the value of the property; or (4) the amount in lien. This does not include interest on the claim or costs. If P files a limited civil case, she must note the classification in the caption of the complaint. P does not have to note the amount if the case is unlimited

Automatic Reclassification

If P amends her complaint in a way that changes classification, the clerk of the court will reclassify the case

Reclassification on motion, generally

A party can move to reclassify or the court can reclassify sua sponte. If sua sponte, the court must give notice to all parties and hold a hearing. The merits of the underlying claim are irrelevant, but the court can consider materials beyond the pleadings. A court must consider judicial arbitration award.

Motion to Classify from Unlimited to limited

Reclassification is permissible if the court finds that (1) the case will necessarily result in a verdict of $35,000 or less; or (2) more than $35,000 is virtually unobtainable

Motion to Reclassify from Limited to Unlimited

Permissible so long as the court finds there is a possibility that the verdict will exceed $35,000

Effects of Multiple Claims

The entire case is either limited or unlimited, so any one claim by any plaintiff that is unlimited makes all claims unlimited. A plaintiff may aggregate claims to satisfy the amount in controversy.

Venue: local actions

A local action is a case for recovery of land, determination of an interest in land, or to recover for injury to land. In a local action, venues is proper in the county where the land lies

Transitory Actions Generally

A transitory action is any non-local action. Generally, venue is proper in any county where any defendant resides when the case is filed

Contract Case Venues

Venue in contract cases is also proper in the county where the contract was entered into OR the county where the contract was performed

Personal Injury or Wrongful Death Venue

In PI or WD cases, venue is also proper in the county where the injury occurred

Venue: Action Against a Corporation

If D is a corporation, venue is proper in the county where: (1) the corporation has its PPB; (2) the corp entered into or performed a contract; or (3) the breach occurred or liability arose

Venue Against Unincorporated Businesses

Venue is proper in the county of PPB that is on file with the secretary of state. Otherwise, venue is proper where any member or partner resides

Actions against Nonresidents

If all defendants are nonresidents of California, venue is OK in any county. If there is a California resident defendant, venue must be proper for that defendant

Venue in Mixed Cases

Venue is proper according to the rules of the main relief sought when there are both local and transitory causes of action

Transfer: Out of State

A CA court cannot transfer to another state. A federal district Court in CA can transfer to other federal district courts.

Transfer: Original Venue Improper

If the original venue is improper, D may move to transfer to a proper county. This motion must be made with or before the answer, demurrer, or motion to strike

Transfer: Original Venue Proper

If the original venue is proper, the court may transfer after a motion if: (1) there is reason to believe impartial trial cannot be had at the original venue; (2) convenience of witnesses and ends of justice would be promoted; or (3) no judge is qualified to act. If the parties do not agree on the transferee venue, the court chooses

Forum and Venue Selection Clauses

CA courts enforce “reasonable” forum selection clauses that call for the action to be tried in another state. Venue selection clauses will only be upheld if the chosen venue would have otherwise been permissible under an applicable statute.

Forum Non Conveniens

State courts may dismiss or stay a case on motion or sua sponte for FNC. To do so, the court must find that “in the interest of substantial justice an action should be heard in a forum outside California.” The factors are the same as in federal court.

FNC Conditions Imposed

If the court grants a motion for FNC, it may do so on condition, such as requiring the defendant to waive PJ or SoL objections in the alternate forum.