Section 1
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Intervention
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Last updated
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Date created
Mar 14, 2020
Cards (67)
Section 1
(50 cards)
Intervention
Intervention applies when a non-party claims an interest in the property or transaction that is subject of the pending lawsuit and disposition in his absence will impair his rights. CA: Allows intervention if the potential intervenor interest is direct and immediate (cf. indirect and consequential)
Interpleader
Interpleader is an action where one holding property forces all potential claimants into a single lawsuit to avoid multiple and inconsistent litigation • Statutory Interpleader o requires that one claimant must be diverse from one other claimant and the amount in controversy must be $500 or more • Rule 22 interpleader o requires that the holder of the property must be diverse from every claimant and the amount in controversy exceed $75,000.
Default Judgment - Fed vs CA
• FED: Failure to respond in 21 Days • CA: Failure to respond in 30 days
Federal Rules - Type of Pleading and safe harbor
FED: Require notice pleading to provide opposing party with reasonable notice of the nature and scope of claims being asserted Safe Harbor - correct factual/legal contentions, sign/certify within 21 days to avoid sanctions
Response - Answer & CA rule
• Respond - D must deny, admit, or state he lacks sufficient info. to do either • Assert affirmative defenses - D must also assert any o CA - requires factual detail regarding each legal element when asserting affirm. defenses
Mandatory Discovery - Fed vs CA
FED: Rule 26 Mandatory Disclosures of information about the pending case to the opposing party. CA: No mandatory disclosure, but can be requested.
Joinder - Permissive joinder
Party MAY be joined where claim at issue arises out of the same series of occurrence or transaction (common nucleus of facts) and question of law or fact in common.
Answer/Response - California Rules
• Demurrers o General Demurrer for failure to state claim or lack of Sub. Mat. J. o Special Demurrer for § Uncertain pleading (more definite statement) § Liability Theory Unclear § Lack of Legal Capacity § Another case exists § Misjoinder of parties § Contract pleadings not okay (oral K or written k) § Certificate if required (e.g., professional negligence) • Motion to Quash - requires special appearance separate from answer - must raise before or concurrently with any other motion or waived o Lack of PJ o Insufficient Process o Insufficient Service of Process
Federal subject matter jurisdiction - Diversity
Diversity of Citizenship: Federal district courts have subject matter jurisdiction over actions between citizens of different states and where the amount in controversy exceeds $75,000. NO divorce, alimony, child support, or to probate an estate.
California Long Arm Statute
Allows jurisdiction up to SCOTUS limits In non-contract must arise out of more than just property in state: Must arise out of conduct of trade, business or profession
Impleader
Impleader is a mechanism a D can use to add a 3rd party D in order to seek indemnity, subrogation, or contribution • D can add a 3rd party D through supplemental jurisdiction o CA - calls this a cross-complaint rather than impleader
Service Methods - California
• Personal Service - always adequate to personally deliver • Subst. Service is adequate if left at D's home with person of age / agent (Fed only) o CA: Must Mail Too o CA: Corps can serve agent or leave at PoB during bus. Hrs. • Constructive Service - registered mail if D waives o CA: by publication if nothing else works after rsnbl. diligence CA - MUST HAVE LEAVE OF COURT FOR SUBSTITUTE SERVICE
Jurisdiction - types
Need both personal and subject matter jurisdiction
California Class Action
CA: class action - no types. Requires: • Ascertainable Class • Well-defined member community interest • Individual notice not required and publication is an acceptable method of notice. • Costs of notice to class may be divided among parties (unlike Fed which requires Plaintiffs to pay costs for notice) • Member community interest exists, if o Common question of law or fact predominates o Adequate representative o Class substantial benefit
Service - Notice Requirement
Notice means a defendant must be properly notified of a pending action by a reasonable method and must be given an opportunity to be heard. Service of Process means to provide a defendant with notice of a pending action by delivery to defendant of a summons (formal court notice of suit and time for response) and a copy of the complaint.
Conflicts of Law for California
CA conflicts of law rules require federal courts sitting in diversity to apply the appropriate substantive law based on the following rules: • Tort o Comparative impairment test - look at each state's interests in own law • Contract - Choice of Law clause? § YES: okay if reasonable basis & no Cal. Conflict w/policy • If conflict, then CA if materially greater interest. § NO: comparative impairment test
Forum Non Conveniens - Fed vs CA
• FED: More appropriate forum • CA: Interests of justice o Pub Fctrs: which law applies, which community's jury o Priv Fctrs: convenience, location of witns / evid.
Purpose of complaint
• Identify parties o FED: Statement of Proper Subject Matter Jurisdiction • Statement of claim (FED: Notice, CA: Fact) • Demand for judgment • Signature
JOINDER (of Parties)
joining of parties or claims in litigation Joinder of Parties - Ps and Ds may be joined to an existing case if the claims arise from the same transaction or occurrence and raise at least one common question. Still need Sub. Mat. J.
Forum Non Conveniens - Definition
Forum Non Conveniens allows a court to dismiss or stay a case if there is a far more appropriate forum elsewhere
Federal subject matter jurisdiction - Federal Question
1) Federal Question: Federal courts have subject matter jurisdiction over civil actions arising under federal law (e.g., U.S. Constitution, federal statutes, treaties, etc.)
Remand - Definition and Time Limit
Remand - where P wants to move back to state court Back to state court if removal improper + w/in 30 days of removal (unless fed. Ct lacks subject matter jurisdiction - no time limit)
Transfer of Venue Fed vs CA - Federal
FED: venue can be transferred to another federal court only when the case could have been brought in the venue in the first place Requires Interest of Justice to be heard o Public Factors: which law applies, which community's jury o Private Factors: convenience, location of witnesses/evidence
DOE parties
Allowed in California, not in Fedf
Answer/Response - Federal Rules
• 12b(6) motions: o Lack of Sub. Mat. J - can raise any time before appeals exhausted o Lack of PJ - must be raised on first response or waived o Improper venue - must be raised on first response or waived o Insufficient process - must be raised on first response or waived o Insufficient service of process - first response or waived o Failure to state a claim - any time until trial is concluded o Failure to join an indispensable party - any time until trial concluded
Removal - Definition and Time Limit
Removal - where D wants to move from state court to federal court Defendants only may remove to fed ct. + in same state + w/in 30 days of pleading (max 1 yr after initial filing)
Federal class action
FED: • Numerosity - too many class members for joinder to be practical • Commonality - questions of law and fact are common to the class • Typicality - rep's claims or defenses are typical of class • Adequacy - rep can fairly represent the class AND • Type - federal class action must fit into one of the types
Supplemental Jurisdiction
A federal court's right to decide a claim based on a nonfederal issue if this claim depends on the same common nucleus of facts as does a federal claim in the case before the court. "so related to claims in the action within such original jurisdiction that they form part of the same case or controversy" Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.
California Pleading and safe harbor
CA: Requires fact pleading (code pleading) - more specific than notice pleading NO SAFE HARBOR
Personal jurisdiction
Personal jurisdiction: • Consent • Domicile in Forum • Present and Served
Minimum Contacts
A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.. Will look at: 1) Due process: -- Purposeful availment -- Foreseeability (of being sued)
Supplemental Jurisdiction Test
Claim we want to get into federal court must share a "common nucleus of operative fact" w/ claim that invoke federal SMJ. Test is ALWAYS met by claims that arise from the same transaction or occurrence (T/O) as the underlying claim.
Federal Abstention ("comity")
Abstention - federal have discretion to courts abstain from hearing a case • Judicial discretion to abstain from taking case if: o unclear as to whether there is really a federal question, or o matter can be resolved in state court. • Federal action may be stayed while the state action is pending
Venue - Where Defendant resides Fed vs CA
• Fed: proper where all (or any) Ds reside or substantial part of claim arose • CA: proper where any D resides (any CA county, if D ≠ CA resident)
Federal Class Action - Further requirements
FED: citizenship issues - • Diversity - amount in controversy for rep must be >$75K, not all class members, just named • Class Action Fairness Act - where diversity lacking, federal court will hear if o Any class member diverse from any defendant; and o Aggregate exceeds $5 million; and o 100+ class members • Prejudice - need class to avoid persons participating from depleting fund • Injunctive Relief sought - (e.g., employment discrimination) • Questions of law / fact common to class predominate - more so than questions affecting individuals and class action is better method to resolve all (e.g., mass tort)
Joinder - Who can be joined?
• Court cannot provide Complete Relief without party • Absent party's Interest will be Harmed • Absent party is subject to Multiple consistent obligations • Join a necessary party, if o Personal jurisdiction exists, and o Diversity not destroyed where Sub M. J. based on diversity • If unable to join, ct will consider prejudice/alternative forum to dismiss or proceed
Federal Intervention in State court
• Federal intervention if plaintiff can demonstrate a bad faith state prosecution which would cause great and immediate irreparable injury
Joinder (of claims) - counterclaim
Counterclaim is an offensive claim against an opposing party. • CA: cross-complaint used for all 3rd party actions (counterclaims, impleader, etc.) • Compulsory counterclaims: o Same transaction or occurrence - must be raised or waived o Supplemental jurisdiction will extend to permit w/out indepndt. basis • Permissive counterclaims: o Not same transaction or occurrence o No Supplemental jurisdiction - requires indep. basis of Sub. Mat. J.
Transfer of Venue Fed vs CA - California
CA: allows transfer to any proper county at judge's discretion Must serve: o Interests of justice o Convenience of the parties
Long Arm Jurisdiction - Due Process req.
Due process requires that there by sufficient minimum contacts between the defendant and the forum to make the exercise of jurisdiciton reasonable. Balance of litigant's interest with the forum's interest. Must not "offend traditional notions of fair play and substantial justice." Look for systematic and continuous activity in the state. Due process : --Relatedness of claim --Inconvenience of Parties- more than just distance --Forum's convenience - protect citizens
Federal Class action -
• Prejudice - need class to avoid persons participating from depleting fund • Injunctive Relief sought - (e.g., employment discrimination) • Questions of law / fact common to class predominate - more so than questions affecting individuals and class action is better method to resolve all (e.g., mass tort)
California Summary Judgment Rule
• Evidence and points and authorities • 75 days' notice prior to hearing • Opposition at least 16 days prior to hearing
Jurisdiction - definition
court must have proper jurisdiction over the parties to an action.
Venue - Definition of "reside" (defendants residence) Fed vs CA
• Person: domicile • Corp, o Fed: where subject to personal jurisdiction o CA: PPB, or contract entered into, performed or breached [Primary Place of Business]
Federal Courts apply which law?
• State Substantive Law • Fed. Procedural law
Joinder (of claims) - Cross claim
Cross claim is an offensive claim against a co-party and must arise from the same transaction or occurrence. Never compulsory. • Supplemental jurisdiction will extend - no indepndt. Basis req'd. o CA - Called a cross-complaint
Amended Complaint - rules
Amended Pleadings - Plaintiff has a right to amend once before the defendant responds. A D has a right to amend once within 21 days of serving his answer. Must ask court for leave after
Long Arm Jurisdiction
Exercised over non-residents who have: Committed torts within the state Entered into a contract either in the state or that affects the state Transacted other business in the state that allegedly caused injury to another person
Venue - where proper for Fed vs CA
• Fed: always proper in district where claim arose • CA: proper in county where claim arose or land is situated
Joinder - Necessary Party
Such a party would have an interest in the suit; Failure to join would adversely affect such parties interests; Failure to join would lead to multiplicity of litigation. Not complusory if destroy diversity.
Section 2
(17 cards)