CIVIL FINAL

What is CCP 170.1?

Recusal

- when a judge disqualifies themself from hearing a matter if any condition listed under CCP 170.1 exists

What is CCP 170.3?

Verified Statement

- any party or attorney for a party to a case may request that a JO disqualify themself from hearing the case by filing a written verified statement of disqualification (has to be served in the courthouse, judge may respond with Verified Answer)

What is CCP 170.6?

Peremptory Challenge

- when a party elects to change the judge assigned to their case (1 per party), Affidavit of Prejudice must be filed 15 days after notice of judge's assignment

What are the 4 methods of service? (exact!)

- Personal Service

- Substituted Service

- Service by Mail with Notice and Acknowledgement of Receipt

- Service by Publication

What are the 3 types of responses that a defendant may file to respond to a complaint/petition?

- Answer/General Denial

- Demurrer

- Motion to Quash

How and when is Request for Entry of Default filed?

it may be requested by the plaintiff if the defendant fails to respond within 30 days of service

How much is the jury deposit and when is it due?

$150

for unlimited civil: if not posted before the CMC or more than 365 days after filing of complaint, fees are due 25 days before initial trial date

for UD: 5 days prior to trial date

What are the 3 types of juror challenges?

stipulation, cause, peremptory

What must happen to all exhibit labels prior to their release to parties?

they must be cancelled but not removed

What does a yellow exhibit label mean?

Admitted in Evidence

What does a pink exhibit label mean?

Marked for Identification Only

When is the Exhibit Receipt created?

at the end of trial to hand over exhibits to the Exhibit Custodian

What is a Statement of Decision?

the Court's findings as to the factual issues in the trial [usually a list of statements] and the legal conclusion the court drew, using those facts (may be requested after a Court Trial by any party who appeared at trial)

What is the Entry of Judgment rule and time limit?

CCP 664

a Judgment must be entered by the clerk in conformity with the verdict within 24 hours after the rendition of the verdict (don't forget Time Waiver - court asks counsel to prepare the judgment)

What are the 6 pieces of information you need to know when there are sanctions?

- who's paying sanctions

- bar number, if any

- amount

- payable to whom

- due date

- reason

To whom is notice mailed to with sanctions?

only the person being sanctioned is mailed a copy of minute order

What is the motion in a court trial that can be made by any party after the other party has completed their case-in-chief and presented all their evidence?

Motion for Judgment Pursuant to CCP Section 631.8

What is the motion in a jury trial that is utilized against a plaintiff after the opening statement or after the plaintiff has had an opportunity to present their case and has failed to show a right of relief?

Motion for Judgment or Non-Suit Pursuant to CCP Section 581 (c)

What are the post trial motions? (spelling counts!)

- Motion to Tax Costs

- Motion for New Trial

- Motion to Modify or Amend Judgment

- Motion to Vacate Judgment

- Motion for Judgment Notwithstanding the Verdict

In a Motion to Tax Costs, where should the total amount of costs allowed be included in?

the minute order, Memorandum of Costs (aka Cost Bill), and Judgment

When are UD trials set?

no later than 20 days after the Request to Set Case for Trial has been filed

What is the main issue of an Unlawful Detainer action?

the landlord is seeking to regain possession of property from the tenant

What is CCP 415.46 in UD cases (often referred to as a 415)?

Prejudgment Claim of Right to Possession

- gives all unnamed or unknown occupants notice of the UD action and an opportunity to be heard (can be served w/ summons and complaint)

What is the form number for a Privately Retained/Not Court Approved CSR?

LACIV 236 or LASC CIV 236

What is the form number for a Court Approved CSR?

LACIV 237 or LASC CIV 237

What is a remittitur? (know how to spell this!)

the written decision that is issued by an appellate judge in the Court of Appeal

What are the possible rulings for a Demurrer?

- Sustained with Leave to Amend (Court agrees w/ moving party, gives permission to fix it)

- Sustained without Leave to Amend (Court agrees w/ moving party, doesn't give permission to fix it)

- Overruled (Court denies moving party)

What must happen in the minute order any time a Demurrer is sustained?

it must cite the grounds

What else should be included in the minute order of a Demurrer Sustained with Leave to Amend besides citing the grounds?

you must also cite the time given to amend

If a Motion for Summary Judgment is granted, what are the grounds you must cite in the minute order?

The Court finds there is/are no triable issue(s) of material fact

If a Motion for Summary Judgment is denied, what are the grounds you must cite in the minute order?

The Court finds there is/are (a) triable issue(s) of material fact

When must a submitted matter be ruled upon by the judge?

within 90 days

What must happen every time a matter is officially taken under submission?

an entry must be made in the Submitted Case Log (every department has one within the courtroom)

What are the 5 required documents for any Ex Parte Proceeding? (must be exact!)

- Ex Parte Application

- Declaration in Support

- Declaration Regarding Notice

- Points and Authorities

- [Proposed] Order

What is the notice timeframe for Ex Parte actions?

notice must be given by 10am the court day prior to the hearing

How long is the automatic stay in Small Claims matters?

enforcement of Judgment is automatically stayed 30 days pending time for appeal

When must an Authorization to Appear be filed?

one must be filed by an authorized representative for each hearing, every single time, even if it's for the same case and is continued

What form must an authorized representative fill out for a small claims action?

Authorization to Appear

What is the CRS?

Court Reservation System, where parties can go to reserve motion hearing dates

In a Motion for New Trial, what must parties file if they are intending to get the process started?

a Notice of Intent/Intention to Move for New Trial

Who gives notice for the hearing on a Motion for New Trial?

the Judicial Assistant

Who is the Judgment Debtor's Statement of Assets mailed to? (Small Claims ONLY, know name of form)

the judgment debtor only

What are all coordinated cases assigned?

a JCCP case number and an assigned judicial officer

What is the Oath to Witness (Singlular)?

Do you solemnly state that the testimony you may give in the cause now pending before this court shall be the truth, the whole truth, and nothing but the truth, so help you God?

What are Related Cases?

each case remains distinct/separate, but they are handled simultaneously for judicial economy

What are Reclassified Cases?

the jurisdictional limit of the case is changed - it can go from limited to unlimited or vice versa (and sometimes there is a fee)

What are Consolidated Cases?

the union of cases of the same jurisdiction, one is absorbed into another one

- only one minute order is required for lead case

What is a request for dismissal?

a document/form that is filled out, can only be filed by Plaintiff or Cross-Complainant

Who prepares a court-ordered dismissal?

if ordered and counsel is not directed to prepare it, the JA prepares the Order of Dismissal and the Notice of Entry of Order of Dismissal

What is the Submitted Case Report?

a report completed every month and sent to your manager regarding submitted cases

What may parties do when there is a tentative ruling?

parties do not have to appear in person if they submit to the court's tentative ruling

What happens with an Order to Show Cause hearing?

they are discharged or continued but never taken off calendar

What is required to be submitted with a Motion to Amend Complaint or Answer?

the proposed Amended Complaint or Answer must be lodged with the motion

With an application for a Waiver of Court Fees and Costs and Order, what is confidential, what appears at the top of the case file, and what appears next to the application?

- the Request to Waive Court Fees is confidential but the order granting/denying is not confidential

- the lock symbol appears next to the application document

- a green "Fee Waiver" flag displays at the top of the case screen

Who prepares the tentative ruling and are the notes confidential?

tentative rulings are prepared by the RA or the judicial officer (RA's notes are confidential and not shared with the public

What happens if a fee waiver is not ruled upon by the Court within 5 days?

it is automatically granted

What is the Motion Briefing Schedule for filing a motion, opposition, and reply?

Motion (Moving Papers) - 16 court days

Opposition - 9 court days

Reply - 5 court days

What is the Standard Procedure on who gives Notice of Ruling on a motion?

the prevailing party gives notice (whichever party "wins" the matter)

What are the two documents that begin a civil case?

a complaint or a petition

What is a summons?

the document that is issued when a complaint is filed. It informs the defendant that there is a pending action against them

What important procedural information does the summons provide the Defendant?

- the parties involved in the action

- where the case will be heard

- when the Defendant should file a response

- gives the Court jurisdiction to make orders

When must the summons and the complaint be served on the Defendant and the Proof of Service be filed?

within 60 days of the filing of the complaint

When is a Final Status Conference held?

7-10 days prior to the trial date

When is a CMC (Case Management Conference) scheduled in an unlimited case?

no later than 180 days from the filing of the complaint

What are the two types of settlement conferences?

Voluntary Settlement Conference and Mandatory Settlement Conference

When is a Case Management Statement filed?

15 days before the CMC

What does mediation result in?

a Statement of Agreement or Non-agreement, filed by the mediator

What does arbitration result in?

an Arbitration Award, filed by the arbitrator

Private Arbitration vs Binding Arbitration

parties waive their right to a Trial de Novo with Binding Arbitration

Who can hear a Small Claims Appeal even when an attorney is present in the action?

a commissioner (or a judge of course); a temporary judge (pro tem) may not hear the appeal if a party is an attorney

What are the 3 types of jury instructions?

given, refused, withdrawn

Who prepares the jury instructions and when are they filed?

they are prepared by counsel and filed after deliberations are complete

What must counsel submit when there is electronic media (such as audio or audio-and visual recordings) as exhibits?

a written transcript

What is the Moving Party?

the party filing the motion asking for a court order

What are the Moving Papers?

the documents filed by the moving party asking for a court order

Who gives notice if the court doesn't mention it?

the JA gives notice, it's never deemed waived

Who files a Cross-Complaint?

it's filed by the defendant against the plaintiff or a brand new party

What happens when a party waives a jury?

the waiver must be included in the minute order

What should be attached as the final page of any [proposed] Judgment, motion, or any filed document?

Proof of Service

What must the Judicial Assistant create before counsel can pay the daily jury fees?

a Jury Invoice

What form must be signed by counsel prior to the start of a jury trial?

Stipulation Re: Jury (Civil Trials)

What form is signed by counsel before trial begins and filed when exhibits are ordered returned at the conclusion of the trial?

Stipulation, Receipt, and Order Re: Release of Exhibits

What must the JA complete at the end of trial?

the JA/Clerk's Checklist - this is completed at the end of trial to ensure that everything has been done

Why is it important to include the Verification of Jury Deposit in the clerk's trial folder?

the Judicial Assistant needs to verify that a jury deposit of $150 has been paid before the jury trial begins

What form is completed by the Judicial Assistant during trial to keep track of the payment of daily jury fees?

Clerk's Report Re: Jury Fees