Civ Pro - Cal - Pj/sj/venue

Front 1

In personam jurisdiction requires what?

Back 1

Statutory authority by state court in and satisfaction of constitutional standard (Cal's long-arm extends to constitutional limits, so need only satisfy constitution).

Front 2

What is the test for personal jurisdiction under the US Const?

Back 2

Does D have "such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice?"

If yes, then PJ. If not, then no PJ

Front 3

Constitutional PJ test:

Back 3

□ To show this, look to two factors: contact and fairness

Minimum Contact
◊ Purposeful Availment: Contact must result from purposeful availment
► Interactive website may be sufficient
◊ Foreseeability: Must be foreseeable D could get sued in this forum

Fair Play and Substantial Justice
◊ Relatedness, must show the contacts are sufficiently related to Ps claim, or sufficiently extensive generally, to make PJ fair
► If Ps claim arises form Ds contact w/ forum = Specific PerJur
► If not, must show Gen PerJur - D must have continuous and systematic ties with the forum
◊ Convenience - not a valid objection unless puts D at severe disadvantage.
► Almost impossible to show
◊ State interst: Always mention state has interest in providing forum for its citizens

Front 4

Court of general jurisdiction in CA and extent of jurisdiction

Back 4

○ Superior court has general SMJ
§ Can hear any civil case (outside of exclusive fedjur)

Front 5

Classifications of cases in CA:

Back 5

□ Limited Civil: 25K or less at stake
® Limitations on pleading and discovery
® CANNOT recover more than 25k

□ Unlimited civil
® Full range of relief, unlimited dmgs

□ Small claims - division of superior court
® Individ P: 7.5k
® Entity P: 5k at stake

Front 6

Classification/Reclassification of Claims

Back 6

Original Classification:
□ P determines initially - claim alone determines
® Must in complaint if limited

□ Reclass
® Automatic if P changes complaint in way that changes class

® On motion by P or court - must be notice and hearing
◊ Court cannot consider merits of claim in deciding
◊ Court can move unlimited to lmt if more than 25k virtually unobtainable
◊ Court can move lmtd to unlmtd when ct convinced possibility of greater than 25k recovery.

Front 7

Aggregation of Claims for Classification

Back 7

□ Aggregation for Class:
® Agg all of 1 P's claims.
® 2Ps - only 1 P need clear 25k to get unlimited
® D cross-complaint can make it unlimited even if Ps claim for less than 25k

Front 8

Venue Summary

Back 8

a. Local actions - whatever county land lies in.

b. Transitory - Venue ok where any D resides when case filed'
i. K Cases - additionally, venue in county where K entered into or to be performed
ii. PI/Wrongful Death - additionally, venue in county where injury occurred
iii. Bus. Entity: Venue in counties where:
a) It has principal place of business
b) Where it entered into or is to perform a K
c) Where the breach occurred or liability arises



c. If all Ds non-CA residents - venue anywhere in state

Front 9

Transfer of Venue

Back 9

i. If original venue is improper
1) D can move to transfer to a proper county
2) D will do this with or BEFORE his responsive pleading.

ii. If original venue proper, a ct may, on motion, transfer if:
1) There is reason to believe impartial trial cannot be had in the original venue
2) OR: Convenience of witnesses and ends of justice would be promoted
3) OR no judge is qualified to act
4) NOTE: Transfer to county on which parties agree.
a) If parties cannot agree, then court chooses.

Front 10

Inconvenient Forum

Back 10

e. Inconvenient forum (forum non conveniens in fed ct)
i. By statute in CA, ct may stay/dismiss on motion (its own or party) if it finds that in interest of substantial justice an action should be heard in forum outside CA.