Civ Pro - Cal - Trial/judgement

Front 1

Effect of amount claimed in complaint

Back 1

○ Amt claimed in complaint does not limit amount you can recover (same as fed), nor does it limit the type of relief except in default cases.
□ Limited civil cases: cannot recover more than 25k

Front 2

Cal handling of law/equity claims

Back 2

§ Cal Const grants right to jury trial in MOSTLY the same way. Exceptions:
□ If case involves both law and equity, same as fed except equity decided first.
□ Equity clean-up doctrine: if law claim is incidental to equity claim, then no right to jury trial.

Front 3

Reqs for jury trial function/demand

Back 3

§ Requirement of Demand - Party must announce demand for jury trial at time case set for trial or within five days of notice of setting of trial - otherwise waived
§ 12 jurors in civil case - alts if one leaves, if no alts continue with less unless a party objects
§ Selection - 6 peremptories (cannot be used for almost any discriminatory purpose)
§ 3/4 agreement for verdict

Front 4

Motion for directed verdict

Back 4

§ Motion for directed verdict
□ Standard: Reasonable people could not disagree
□ Move at close of ALL evidence.
® D moves at end of P's case, called a MOTION FOR NON-SUIT

Front 5

JNOV

Back 5

□ Same sttd as directed verdict

□ Must file notice of intention to move either: -
-before entry of judgment OR
-earlier of 15 days of mailing of service of notice of entry of judgment or 180 days after entry of judgment

□ Party moving need not make motion for directed verdict at trial

Front 6

Motion for New Trial

Back 6

□ Same basis as fed ct
□ ALSO: excessive or inadequate dmgs
® Std: dmg figure that shocks conscience
® TO avoid new trial: remittur or additur

Front 7

Remittur

Back 7

Give P who was awarded far too muchchoice of taking lesser figure which court sets, or going through new trial
i) Can be in both Fed and st ct

Front 8

Additur

Back 8

Give D who was ruled against for far too low an amt choice of paying greater amt in dmgs which court sets or go through new trial
i) OK in state, but unconstitutional in federal ct (violates 7th amendment)

Front 9

Where to appeal judgments to

Back 9

4. Appeal is to district of Court of Appeal to which the county is assigned.
a. Judgments in limited small claims matters are appealable to appellate division of superior ct.

Front 10

Timing for appeal

Back 10

5. Timing: 60 days after service of notice of entry or 180 days after entry of judgment if no notice served

Front 11

Final judgment rules

Back 11

6. Final Judgment - Like fed cts, CA follows
a. SJ in favor of P against 1 D in multiple D case is final in st ct for appeal, but would not be in fed ct.

Front 12

Extraordinary Writs - Defintion

Back 12

a. Extraordinary writ: if an order is not otherwise appealable, the aggrieved party may seek writ of mandate (to compel lower court to do something law requires) or prohibition (to stop lower court from doing something law does not allow)

Front 13

Extraordinary writs - Key points

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i. These are technically not appeals, though they are appellate review.

ii. May issue from any court to an inferior court

iii. Rarely proper for discovery (routine stuff)

iv. Must demonstrate pty will suffer irreparable harm if writ does not issue, normal route of appeal from final judgment inadequate, she has beneficial interest in outcome of writ proceeding,

Front 14

What is extraordinary writ the only recourse for?

Back 14

i. The ONLY WAY to seek review of a denial of a motion to quash or for inconvenient forum, cannot wait for final judgment, must seek extraordinary writ.