Civ Pro - Ca - Pre-Trial Adjudication*

Front 1

CA -- Adjudication

Voluntary Dismissal

Back 1

BEFORE trial starts --> without prejudice

AFTER trial starts --> with prejudice, unless court finds good reason otherwise

Front 2

CA -- Adjudication

Involuntary Dismissal

Back 2

Can dismiss for failure to prosecute, failure to abide by court rules, demurrers/motions to quash (ALL COURTS)

(CA ONLY) if case has not been brought to trial or defendant has not been served with process within two years of filing

Front 3

CA -- Adjudication

Mandatory Dismissal

Back 3

Not broough to trial within 5 years of filing

Process not served within 3 years of filing

Front 4

CA -- Adjudication

Default

Back 4

1) Def must be given notice of Def
2) Clerk can usually handle without judge
3) Cannot exceed amount in Complaint
4) Def may file a motion if improper service/notice (w/ affidavit to that effect)
--must be filed w/in a r/s time, but no later than 6 months after written notice of default or 2 years after entry of default

Front 5

CA -- Adjudication

Failure to Plead Facts Constituting COA

Back 5

Deal w/ through a General Demurrer

Front 6

CA -- Adjudication

MSJ standard

Back 6

1) No generial dispute as to a material fact
2) Defendant entitled to judgment by law