Subject outline

Civil Procedure (Federal and California)

11 core rule statements and a 1545-line detailed rule bank, organized the way the California Bar tests them.

• Subject-Matter Jurisdiction - Federal Question

  Federal district courts have jurisdiction over civil actions arising under federal law.

  Elements / Factors

  1. 1The federal issue appears on the face of the plaintiff’s well-pleaded complaint.
  2. 2The claim is created by federal law, or a substantial disputed federal issue is necessarily embedded in a state claim.
  3. 3The federal court has constitutional and statutory authority.

  Exceptions / Limitations

  • •A federal defense or counterclaim does not create federal-question jurisdiction.
  • •State-law claims may enter through supplemental jurisdiction.

• Diversity Jurisdiction

  Diversity jurisdiction requires complete diversity and an amount in controversy exceeding $75,000, exclusive of interest and costs.

  Elements / Factors

  1. 1Every plaintiff is diverse from every defendant when the action is filed.
  2. 2Citizenship is determined for each party.
  3. 3The good-faith amount claimed exceeds $75,000 unless legally certain recovery cannot exceed that amount.

  Exceptions / Limitations

  • •Individuals are citizens of their domicile; corporations are citizens of incorporation and principal place of business; unincorporated associations take every member’s citizenship.
  • •One plaintiff may aggregate all claims against one defendant; multiple plaintiffs ordinarily may not aggregate separate claims.

• Personal Jurisdiction

  Personal jurisdiction requires a statutory basis and compliance with due process.

  Elements / Factors

  1. 1Traditional basis: domicile, valid in-state personal service, or consent; or
  2. 2Minimum contacts purposefully created by defendant with the forum.
  3. 3Relatedness for specific jurisdiction or exceptional at-home contacts for general jurisdiction.
  4. 4Fair play and substantial justice.

  Exceptions / Limitations

  • •A plaintiff’s unilateral activity is insufficient.
  • •For specific jurisdiction, the claim must arise out of or relate to forum contacts.
  • •General jurisdiction ordinarily exists for an individual at domicile and a corporation at incorporation or principal place of business.

  California distinction

  • California’s long-arm statute reaches the constitutional limit. A California court therefore focuses directly on federal due process.

• Venue

  Venue determines the proper federal judicial district.

  Elements / Factors

  1. 1A district where any defendant resides if all defendants reside in the same state.
  2. 2A district where a substantial part of the events or omissions occurred or property is located.
  3. 3If neither applies, a district where any defendant is subject to personal jurisdiction.

  Exceptions / Limitations

  • •Local actions involving real property may be governed by special rules.
  • •Venue objections are waivable if omitted from the first Rule
  • •response.

  California distinction

  • California state-court venue generally lies in the county where defendants reside, with statutory rules and exceptions for contract, personal injury, real property, and mixed actions.

• Removal and Remand

  A defendant may remove a state action to federal court if the federal court would have original jurisdiction.

  Elements / Factors

  1. 1All properly joined and served defendants consent.
  2. 2Notice is filed within
  3. 3days of receipt of a removable pleading or paper.
  4. 4Removal is to the federal district embracing the state court.

  Exceptions / Limitations

  • •A forum defendant bars diversity removal when properly joined and served.
  • •Diversity removal is generally barred more than one year after commencement unless plaintiff acted in bad faith.
  • •Subject-matter defects may be raised at any time; other removal defects generally must be raised within 30 days.

• Erie Doctrine

  A federal court exercising diversity or supplemental jurisdiction applies federal procedural law and state substantive law.

  Elements / Factors

  1. 1If a valid federal constitutional provision, statute, or rule directly controls, apply it.
  2. 2Otherwise classify the issue using outcome determination, forum shopping, inequitable administration, and countervailing federal interests.
  3. 3Apply the forum state’s choice-of-law rules and highest-court substantive law.

  Exceptions / Limitations

  • •State statutes of limitations, tolling rules, elements, burdens tied to substantive rights, and damages rules are generally substantive.

  California distinction

  • Federal courts sitting in California apply California substantive law and California choice-of-law rules.

• Claim Preclusion

  Claim preclusion bars relitigation of a claim after a valid final judgment on the merits.

  Elements / Factors

  1. 1Same claimant against same defendant or parties in privity.
  2. 2Valid final judgment on the merits.
  3. 3Same claim or cause of action under the governing transactional test.
  4. 4The claim was or could have been litigated in the first action.

  Exceptions / Limitations

  • •Dismissal for lack of jurisdiction, improper venue, or failure to join an indispensable party is not on the merits.

  California distinction

  • California traditionally uses the primary-right theory: one cause of action for invasion of one primary right, even if multiple legal theories or remedies exist.

• Issue Preclusion

  Issue preclusion bars relitigation of an issue actually and necessarily decided in a prior action.

  Elements / Factors

  1. 1Same issue.
  2. 2Actually litigated and determined.
  3. 3Essential to the judgment.
  4. 4Valid final judgment.
  5. 5Party against whom preclusion is asserted was a party or in privity and had a full and fair opportunity to litigate.

  Exceptions / Limitations

  • •Nonmutual offensive use is discretionary and may be denied if unfair.

  California distinction

  • California additionally requires that application further public policies underlying preclusion and treats finality under California standards.

• Pleading a Claim

  A complaint must contain a short and plain statement of jurisdiction, a plausible claim showing entitlement to relief, and a demand for relief.

  Elements / Factors

  1. 1Legally cognizable claim.
  2. 2Sufficient nonconclusory facts to make entitlement plausible.
  3. 3Compliance with heightened particularity for fraud, mistake, and special matters.

  Exceptions / Limitations

  • •Conditions of mind may be alleged generally; special damages must be specifically stated.
  • •A defendant must raise specified Rule
  • •defenses promptly or waive them.

  California distinction

  • California is generally a fact-pleading jurisdiction: a complaint must allege ultimate facts constituting each element, not merely federal-style notice or legal conclusions.

• Joinder of Necessary Parties

  A required party should be joined if feasible, and if joinder is impossible the court determines whether equity and good conscience require dismissal.

  Elements / Factors

  1. 1Required because complete relief cannot be accorded, the absentee claims an interest that may be impaired, or existing parties face inconsistent obligations.
  2. 2Joinder is feasible if personal jurisdiction, subject-matter jurisdiction, and venue requirements permit.
  3. 3If infeasible, weigh prejudice, ability to reduce prejudice, adequacy of judgment, and adequacy of remedy after dismissal.

  Exceptions / Limitations

  • •Joint tortfeasors are permissive, not required, parties.

  California distinction

  • California uses compulsory-joinder statutes and indispensable-party analysis under Code of Civil Procedure section 389.

• Class Action

  A class action requires numerosity, commonality, typicality, and adequate representation, plus a Rule 23(b) category.

  Elements / Factors

  1. 1Numerosity.
  2. 2Common questions capable of classwide resolution.
  3. 3Representative claims or defenses typical of the class.
  4. 4Adequate representatives and counsel.
  5. 5Separate satisfaction of prejudice, injunctive/declaratory, or predominance-and-superiority requirements.

  Exceptions / Limitations

  • •Damages classes require best practicable notice and opt-out rights.
  • •Settlement or dismissal requires court approval.

  California distinction

  • California Code of Civil Procedure section 382 requires an ascertainable class and a well-defined community of interest, including predominant common questions, typical claims, and adequate representation.