CA Civ Pro: Adjudication

Preliminary Injunctive Relief

Same as federal court

Voluntary Dismissal

Plaintiff can move to dismiss any time before trial starts, but the decision is for the court to make. The court also decides whether dismissal is with or without prejudice. If plaintiff moves for voluntary dismissal after trial starts and the court grants the motion, the dismissal is with prejudice unless the parties agree otherwise or the court finds good cause to dismiss without prejudice

Court Optional Involuntary Dismissals

All courts have authority to dismiss for failure to prosecute, failure to abide by court orders or rule, and for various reasons that can be raised in demurrers, motions to quash, etc. CA courts can also dismiss if the case has not been brought to trial (or defendant has not been served with process) within two years of filing

CA Court Mandatory Involuntary Dismissal

A court must dismiss if: (1) the case has not been brought to trial within five years of filing, excluding all periods where the case was stayed; or (2) process has not been served within three years of filing, excluding time where a stay made it impossible to serve process

Default and Default Judgment Generally

If D fails to respond to the complaint within 30 days of the effective date of service of process, he is subject to default and default judgment. As in federal court, P cannot recover more than was sought in the complaint

Default Service of Application

P’s application for entry of default must include an affidavit stating that a copy of the application has been mailed to the defendant or the defendant’s attorney on record

When Default Judgment May be entered by Clerk

A clerk may enter default judgment if: (1) the defendant has made no response at all; (2) the claim is on a contract or judgment; (3) the claim is for a sum certain in money; (4) the defendant was not served by publication; and (5) the plaintiff provides an affidavit stating relevant facts.

Default Judgment by the Court

If any of the condition for default judgment by a clerk are not satisfied, the claimant must go to the court to secure a default judgment through a hearing.

Setting Aside the Default or Default Judgment

A defendant may move to set aside a default or default judgment and for leave to defend the case based on: (1) mistake, inadvertance, surprise, or excusable neglect; or (2) because service of process did not result in actual notice to the defendant.

Summary Judgment vs Summary Disposition

Summary judgment of all causes of action are rare in California. If a motion is aimed at determining less than the whole case, it is a motion for summary adjudication

Summary Judgment/Adjudication Special Procedural Points

The moving party must file and serve a separate statement of material facts she claims to be undisputed, along with supporting evidence for each fact. If the moving party files and serves such a statement, the opposing party must respond by indicating the facts he believe to be in dispute (along with evidence in support). The moving party must serve all papers at least 75 days before the hearing on the motion. Opposition papers must be filed at least 14 days before the hearing. Reply paper by the moving party must be filed no more than five days before the hearing.

Case Management Conference

The court must hold a case management conference within 180 days of the filing of the complaint. Prior to the conference, the parties must meet and confer and file a “Case Management Statement” that addresses service, pleadings, discovery issues, potential ESI issues, appropriateness of ADR, settlement, trial date, and so forth. After the conference, the court issues a case management order. Like a 26f conference but no requirement of submission of a discovery plan

Fast Track Cases

Cases are actively managed to meet goals of disposition. 75% of unlimited cases are to be disposed of within 12 months of filing, 85% within 18 months, and 100% within 24 months. For limited cases, 90% should be disposed of within 12 months, 98% within 18 months, and 100% within 24 months

Additional Conferences

The court may order mandatory settlement conferences. Parties submit settlement conference statements in advance detailing the demand or offer. Additional conferences held as needed.

Sanctions For Failure to Comply

A court may sanction a party or attorney for failing to comply with rules or orders. A sanction terminating the case is OK only if the failure was the fault of the party and not the attorney

Alternative Dispute Resolution, Generally

Each superior court has an ADR program to reduce congestion. Most unlimited civil cases in larger counties are submitted to judicial arbitration if the judge is of the opinion that P will ultimately obtain $50,000 or less. Consumer class actions and probate cases cannot be sent to judicial arbitration

Judicial Arbitration

The court refers the case to an arbitrator who holds a hearing. Rules of evidence do not apply. The arbitrator’s decision becomes judgment unless a party demands trial de novo. If that party does not get a better result in trial than in arbitration, it may be liable to the other side for costs from the date of the rejection, expert witness fees, and interest from the date of rejection. Parties have discovery rights

Contractual Arbitration

Arbitration clauses are valid under the FAA unless they are unconscionable. A party can ask a court to enforce an arbitration clause or to confirm the arbitrator’s decision. The decision can be vacated only on limited grounds such as fraud. CA law does not allow consumer waiver of class treatment, but the FAA preempts this.

California Right to a Civil Jury, Generally

CA Constitution grants the same law/equity split right to a civil jury trial as the 7th Amendment.

California Equity/Law Split Trials

Generally, a judge decides the facts on equity causes of action before the jury decides the facts of causes of action at law

California Equity Cleanup Doctrine

When P states an equity cause of action and seeks incidental damages, there is no right to a jury trial since the equity cause of action is the center of gravity of the case.

Demanding a Jury

A party must announce its demand for jury (orally or in writing) at the time the case is set for trial or within five days after notice of the setting of trial. Failure to demand constitutes waiver

Number of Jurors

There are 12 jurors in a civil case unless the parties agree in open court to a lesser number. If a juror is excused, an alternate takes her place. If there is no alternate, the trial continues unless a party objects

Jury Selection

Unlimited challenges for cause. Each side gets six peremptory challenges. These challenges may not be based on race, color, religion, sex, national origin, sexual orientation, or similar grounds (federal is just race and sex).

Jury Verdict Consensus

¾ of the jury is required for a verdict, so 9 of 12

Motion for Directed Verdict

State version of JMOL. If a defendant moves for this at the conclusion of plaintiff’s presentation of evidence, it is called a motion for nonsuit.

Motion for Judgment Notwithstanding the Verdict (JNOV)

State version of an RJMOL. The standard is the same as a directed verdict. The moving party must file notice of intention to move either before entry of judgment or the earlier of either (1) 15 days of mailing or service of notice of entry of judgment; or (2) 180 days after actual entry of judgment. A party is not required to move for a directed verdict before making a JNOV motion

Motion for New Trial: Timing

The timing is the same as the timing standards for a JNOV

Bases for Motion of a New Trial

Same as the federal system

Remittitur and Additur

CA courts can use both remittitur and additur, whereas federal courts can only use remittitur

Motion to set aside Judgment:

A party may move to set aside judgment because of “mistake, inadvertence, surprise, or excusable neglect.” It must be made within a reasonable time, not longer than six months after entry of judgment. The court MUST set aside judgment if the party’s application is accompanied by a lawyer’s affidavit of her own mistake, inadvertence, or neglect. A party can move to set aside judgment if service of process did not result in actual notice.

Expedited Jury Trial Availability

Most limited civil cases are subject to mandatory expedited trial. In unlimited cases, the parties may agree to voluntary expedited trial.

Expedited Jury Trial Differences

Only 8 jurors and only four peremptory challenges per side. Only six of the eight jurors are needed to reach a verdict. Each side has up to five hours in which to complete voir dire and present its case. The parties may agree regarding how many witnesses, evidence to be presented, etc. The parties may enter a “high/low” agreement that sets the defendant’s maximum and minimum liability, but the jury cannot be told of the existence or terms of the agreement. In voluntary expedited trials, the parties waive the right to appeal except for limited circumstances such as judge misconduct or corruption of the trial. Regular appeal rights apply for mandatory expedited trials.