Civil Pretrial Flashcards

Vocabulary flashcards covering key terms from CCP and LASCR notes.

Limited civil case (CCP §85)

A case where the amount in controversy is ≤ $25,000, with simplified procedures and limited remedies.

Features of limited civil cases (CCP §§90–100)

Limited discovery (1 deposition, 35 interrogatories/RFAs, 1 demand for statement of damages); faster case management; appeals go to the Appellate Division of the Superior Court.

Small claims court jurisdictional limits (CCP §§116.110–116.140)

Amount in controversy: $10,000 for individuals, $5,000 for businesses.

Attorney appearance in small claims

No attorneys at trial; attorneys may appear only on appeal.

Who may appeal in small claims?

Only defendants; appeals are heard de novo in Superior Court.

Civil action (CCP §307)

An ordinary proceeding in court to enforce or protect a right.

Special proceedings (CCP §309)

Proceedings not considered ordinary civil actions.

Commencement of civil actions (CCP §312)

Actions must be commenced within the period prescribed by statute (statute of limitations).

Judgment on a judgment (CCP §313)

Actions on a judgment must be brought within 10 years.

Real party in interest (CCP §367)

The party who prosecutes the action on behalf of the rights holder; the real party in interest.

Unincorporated associations suing in own name (CCP §369.5)

Unincorporated associations may sue in their own name.

Venue for real property actions (CCP §392)

In the county where the property is located.

Venue for personal injury or wrongful death (CCP §395)

Where the injury occurred or where the defendant resides.

Venue for contract actions

Where the contract was made or performed, or where the defendant resides.

Venue for corporations

Where the contract was entered or breach occurred, or where the principal office is located.

Transfer of venue (CCP §397)

A court may transfer venue if venue is improper, or for the convenience of witnesses and the interests of justice.

Pleadings verified under oath (CCP §501)

Certain pleadings must be verified under oath; false verification can result in sanctions.

Local rules by Superior Courts (CCP §575)

Superior courts may adopt local rules, but they cannot conflict with CCP or CRC.

Amendments to pleadings (CCP §576)

Courts may permit amendments to pleadings in the furtherance of justice, at any time, on just terms.

Mandatory dismissal for delay (5-year rule, CCP §§583.110–583.430)

Action not brought to trial within 5 years must be dismissed.

Dismissal for delay in prosecution

Discretionary dismissal if not served within 3 years.

Exceptions to dismissal for delay

Extensions for stays, appeals, or stipulations.

LASCR deadlines vs statewide rules

LASCR deadlines impose stricter timelines than statewide rules.

Case Management Conference (CMC) under LASCR

Usually set within 120 days of filing.

Case Management Statement (CMS) before CMC

Parties must file a Case Management Statement prior to the CMC.

Sanctions for LASCR non-compliance

Sanctions or dismissal may be imposed for missed LASCR deadlines.