mixed
In an unlimited civil case, how many special interrogatories may a party serve on another party without needing a declaration of necessity?
35
REASONING:
Under CCP §2030.030(a)(1), a party may serve up to 35 special interrogatories without a declaration.
More than 35 requires a declaration of necessity – unlimited
How many depositions may a party take in an unlimited civil case in California without leave of court?
A. 5
B. 10
C. 15
D. Unlimited
b. 10
REASONING:
Each party may take up to 10 depositions without leave of court.
THINK DECA=10 or 10 y/o cant leave court alone
A party served with interrogatories has how many days to respond under California law?
A. 15 days
B. 21 days
C. 30 days
D. 45 days
C. 30
THINK- the wedding is in a month so RSVP by then
Which of the following is not a valid method of service in California?
A. Personal delivery to defendant
B. Substituted service on an elderly family member
C. Substituted service on defendant’s 16-year-old child
D. Substitute service at workplace after due diligence
C. substituted service on a defendant's 16-year-old
REASONING: A 16-year-old is not considered a person of “suitable age and discretion” for valid substituted service.
FOR SUBSTITUTED SERVICE:
Person must be 18 (Fed: suitable age & discretion)
Person must be informed of contents
And mailed to D, first class mail w/ self-address & pre-paid postage
To file a demurrer, a defendant must generally do so within how many days of service of the complaint?
A. 10 days
B. 21 days
C. 30 days
D. 60 days
C. 30
THINK: u have a month to say you're not going to deans wedding (dean=demurrer)
REASONING: this is the same as the time to file an answer.
A party who fails to comply with a discovery order in California may be subject to:
A. Contempt of court
B. Monetary sanctions
C. Issue, evidence, or terminating sanctions
D. All of the above
reasoning: america loves to punish
Under California’s one final judgment rule, when can a party generally appeal?
A. After the jury renders a verdict on any cause of action
B. After all causes of action between all parties are resolved
C. After trial on the primary claim, even if other claims remain
D. Once the court rules on a demurrer without leave to amend
B. After all causes of actions between the parties are resolved.
REASONING: Appeals are allowed only from final judgments that resolve all issues between all parties (CCP §904.1)
Which of the following is required when filing a motion for summary judgment in California?
A. A memorandum of points and authorities only
B. A separate statement of undisputed material facts
C. A supporting declaration by an expert witness
D. A stipulation from opposing counsel
B. A separate statement of undisputed material facts
REASONING: CCP §437c requires a separate statement of undisputed material facts. Without it, the motion must be denied. Both Moving party and opposition must file one
If a party wishes to compel further responses to a request for production, the motion must be filed within how many days of service of the response?
A. 20 days
B. 30 days
C. 45 days
D. 60 days
C. 45 days
REASONING:
A motion to compel further responses must be filed within 45 days after the service of the response. THINK- motion to compel- go to hell- i wanna die by 45 i really dont know haha
A party wishing to challenge venue in California must do so:
A. Within 15 days of the complaint
B. In the first responsive pleading or motion
C. Any time before trial
D. After discovery
B. In the first responsive pleading or motion
REASONING: Venue objections must be raised early or are waived.
think: if planning a wedding you need to book the venue first and right away
Can a plaintiff voluntarily dismiss a case without prejudice after giving opening statements but before presenting any evidence?
A. Yes, at any time before judgment is entered
B. Yes, because no witnesses were called
C. No, because trial has commenced
D. No, unless the defendant agrees
C. No, because trial has commenced.
REASONING: P can voluntary dismiss an action without prejudice at any time before commencement of trial.
If a plaintiff sues for $50,000 in California, how should the case be classified?
A. Small Claims
B. Limited Civil
C. Unlimited Civil
D. Federal Diversity
C. unlimited civil.
REASONING: Unlimited civil cases are for claims over $35,000 (post-2024). $50,000 qualifies.
A party may serve a request for admission that includes requests about:
A. Only facts
B. Only legal conclusions
C. Facts, legal conclusions, and authenticity of documents
D. Only expert opinions
C. Facts, legal conclusions, and authenticity of documents
THINK: applying for admission at a school and they want everythingggggg
What must a court balance when deciding whether to issue a TRO?
A. The financial resources of each party
B. The harm to the petitioner vs. harm to the respondent
C. The parties’ history of litigation
D. The public’s interest in the dispute
B. the harm to the petitioner vs. the harm to the respondent
REASONING: California courts weigh potential harm to the petitioner if the TRO is denied against the harm to the respondent if it is granted.
think family law- they will usually always grant a tro because the court figures the p will be harmed if not granted
A motion for summary judgment must be filed and served at least how many days before the hearing in California?
A. 15 court days
B. 30 calendar days
C. 45 days
D. 75 days
D. 75 days
think: i dont want to read 75 pages so can you just summarize it
REASONING: The moving papers must be served at least 75 days before the hearing (CCP §437c).
What is required to accompany a motion to compel further responses to interrogatories?
A. A declaration showing the parties met and conferred
B. A separate statement
C. A memorandum of points and authorities only
D. Both A and B
D. Both A and B
REASONING: Motions to compel must include both a meet-and-confer declaration and a separate statement.
Which of the following is not a valid ground for a new trial under CCP §657?
A. Juror misconduct
B. Excessive damages
C. Newly discovered evidence
D. The judge disagrees with the verdict
D. The judge disagrees with the verdict
REASONING: idk they just dont gaf what the judge wants
What test does California apply in tort actions to determine which state’s law applies?
A. Lex loci delicti
B. Most significant relationship
C. Governmental interest test
D. Forum law rule
C. Governmental Interest Test
REASONING: they only care about the governments interest and California uses the three-step governmental interest test to resolve conflicts of law in tort cases.
A plaintiff filing a limited civil case may recover:
A. Up to $25,000
B. Up to $10,000
C. Unlimited damages
D. Only injunctive relief
A. Up to $25,000
reasoning: Limited civil jurisdiction applies when the amount in controversy is $25,000 or less.
A motion for a new trial must be filed within:
A. 15 days of judgment
B. 30 days of notice of entry of judgment
C. 60 days of trial
D. 10 days after verdict
B. 30 days of notice of entry of judgment
REASONING: This is the statutory deadline under CCP §659.
THINK: you have a month trial free for for a new netflix account
What may a defendant do after winning an Anti-SLAPP motion?
A. File for sanctions only
B. Automatically collect emotional distress damages
C. Recover attorney’s fees but not file any new suit
D. File a separate lawsuit for malicious prosecution
D. File a separate lawsuit for malicious prosecution
REASONING: Prevailing defendants may initiate a new suit for malicious prosecution, including emotional distress and punitive damages. SLAPPback Lawsuit CCP §425.18
If a party fails to respond to a request for admission, the requesting party may:
A. Move to exclude all their evidence at trial
B. Serve new discovery immediately
C. File a motion to deem the matters admitted
D. Only serve sanctions
C. File a motion to deem the matters admitted
REASONING: Failure to respond allows the court to deem the requested matters admitted.
In California, a deposition subpoena for business records must be served at least how many days before the deposition date?
A. 10 days
B. 15 days
C. 20 days
D. 25 days
THINK: subpoena=quincenera
a mexican girls 15th birthday is her super sweet subpoena
How many peremptory challenges does each side get in a California civil trial?
A. 3
B. 6
C. 10
D. Unlimited with cause
A. 3
think: my favorite number comes first (preemptory)
When must a party serve expert witness disclosure in California after a trial date is set?
A. 20 days before trial
B. 30 days after demand
C. 50 days before trial
D. 60 days before trial
C. 50 days before trial
THINK: all the witnesses are experts because they're senior citizens (50)