California Civil Procedure Outline Subject Matter Jurisdiction SMJ = the types of cases California can hear. California has broad subject matter jurisdiction to hear any case where IPJ exists so long as the issue isn’t exclusive to another tribunal. Limited v. Unlimited Cases If the amount in controversy is >25k the case is unlimited. the amount in controversy is 25k or less the case is limited. All trial go to the superior court (California merge its municipal and superior courts into one) but what type of case contingent on the amount in controversy determines certain procedural rules (Example: the number of interrogatories allowed) this is ONLY what is in the Amount in Controversy – prayer for relief and does not include interest or attorney’s fees. v. Superior Court Rule: WALKER RULE For due process reasons each – party needs an opportunity to respond and show they meet the statutory 25k before a court can ‘necessarily’ reclassify a case. Rule: if the trial reclassifies a case the parties need notice and opportunity to oppose the reclassification. Policy The statutory limit of 25k puts the defendant on notice for how to defend themselves in court (some D’s might defend smaller amounts differently than a large amount). Personal Jurisdiction Long Arm Statute California’s long arm statute limits California’s IPJ to the extent granted by the U.S. Constitution. (CCP § 410.10) As long as a person is served in California, California has IPJ over the person. (Pennoyer v. Neff) Out of Forum defendants process requires only that in order to subject a defendant to “due judgment in personam, if he be not present within the territory of the foru, he must have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” (International Shoe) Minimum Contacts General v. Specific Jurisdiction General Jurisdiction means your activities in the forum are continuous and systematic therefore the courts in the forum have general jurisdiction over you for any matter. jurisdiction your activities in the forum are more limited and in order to establish IPJ a sufficient nexus between the
California Civil Procedure Outline Subject Matter Jurisdiction SMJ = the types of cases California can hear. California has broad subject matter jurisdiction to hear any case where IPJ exists so long as the issue isn’t exclusive to another tribunal. Limited v. Unlimited Cases If the amount in controversy is >25k the case is unlimited. the amount in controversy is 25k or less the case is limited. All go to the superior court (California merge its municipal and superior courts into one) but what type of case contingent on the amount in controversy determines certain procedural rules (Example: the number of interrogatories allowed) Amount in Controversy – this is ONLY what is in the prayer for relief and does not include interest or attorney’s fees. v. Superior Court Rule: WALKER RULE – For due process reasons each party needs an opportunity to respond and show they ‘necessarily’ meet the statutory 25k before a court can reclassify a case. Rule: if the reclassifies a case the parties need notice and opportunity to oppose the reclassification. Policy The statutory limit of 25k puts the defendant on notice for how to defend themselves in court (some D’s might defend smaller amounts differently than a large amount). Personal Jurisdiction Long Arm Statute California’s long arm statute limits California’s IPJ to the extent granted by the U.S. Constitution. (CCP § 410.10) As long as a person is served in California, California has IPJ over the person. (Pennoyer v. Neff) Out of Forum defendants “due process requires only that in order to subject a defendant to judgment in personam, if he be not present within the territory of the foru, he must have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” (International Shoe) Minimum Contacts General v. Specific Jurisdiction General Jurisdiction means your activities in the forum are continuous and systematic therefore the courts in the forum have general jurisdiction over you for any matter. jurisdiction your activities in the forum are more limited and in order to establish IPJ a sufficient nexus between the trial trial