California Civil Procedure Test Questions with Correct Answers Latest Update 2025
Litigation Holds - Answers Obligation to prevent destruction of evidence when lit filed/anticipated.
triggered by sound of gunfire, attorney demand letter, filing suit
Gov Claims Act - Answers When suing Ca gov for damages, must file claim for relief with them first. Gov
can waive, can demur if you don't comply, estoppel available.
Torts 6 months
K 1 year
Gov 45 days to respond
filing late 1 year
petition MISEN 6 months
Claims Against Decedent Estate - Answers must send letter of intent to bring claim against estate 4
months or 60 days after notice to credit
Medical Malpractice (MICRA) - Answers Suing Dr's/healthcare pros for professional negligence, 90 days
notice of intent to sue
Must file Certificate of Merit (expert certification, applies to architects and engineers)
CLRA - Answers 30 days notice to product seller to remedy/cure defect
Construction Defect - Answers send 180 day notice to building company and written notice of ADR
CC&R - Answers Requires ADR before suit against homeowners association
Mandatory Fee Arbitration - Answers Client has right to go through non-binding arb, but can waive
Employment Discrimination Claims - Answers Must exhaust EEOC admin remedies before going to court,
right to sue letter from EEOC before filing suit
Health Care Providers or Religious Institutions - Answers if sue for punitive damages, first must show
court you have a prima facie claim and get a court order
Suit against attorney for conspiracy - Answers must get prior court order because of risk of conflict of
interest for opposition
Negligence Claims against directors/officers of nonprofit - Answers must show court prima facie case of
negligence and get a court order
,Vexatious litigants - Answers need advance permission to file another claim
Damages - Answers General- emotional distress, damage to rep, loss of consortium etc
Special- lost wages, out of pocket expenses, etc
Punitive - punish D
Traditional bases for PJX - Answers Consent - K clause
Domicile - If lives in state and intends to remain
Presence - served while voluntarily in the state
General Jx - Answers If party is essentially at home in the forum state, with continuous and systematic
contacts with the forum
Continuous corporate operations are so substantial and of such as nature as to justify suit against it on
causes of action arising from dealings distinct from CoA's
Specific jx / minimum contacts - Answers certain minimum contact with forum state so that
maintenance of suit doesn't offend notions of fair play and substantial justice
1. Purposeful Availment - D purposefully and voluntarily directs its activities at forum, foreseeable that
would be haled into court
2. Contacts arising from forum state- substantial connection between CoA and Ca activities
3. Jx not unreasonable- extent of D's interjection, forums interest in adjudicating, efficiency, P's
intenterest in efficiency, existence of alternative, shared interests of several states
Contracts Pjx drill down - Answers purposeful availment- prior negotiations, contemplated future
consequences, terms of K, parties actual course of dealings
Products liability pix drill down - Answers 1. Did D ever seek to directly or indirectly serve the forum
market with its products?
,2. Is there some expectation that purchasers in the forum state will purchase the product?
Foreseeability factors:
- designing product for market in forum,
-advertising in forum,
-establishing channels for regular customer advice in forum,
-marketing product through distributor in forum
Intentional Misconduct Pjx drill down - Answers purposeful availment =
conduct expressly aimed at forum,
caused harm and knew harm was likely to be suffered in the forum, and
intentional tort
the P just living in the state isn't a sufficient connection
Internet Pjx drill down - Answers Active- doing business, online commerce, yes jx
Interactive- maybe
Passive, just posting information- no jx
Websites that do business over the Internet will yield a finding of purposeful availment, while websites
that simply present information will not. Purposeful availment for the third type is determined by the
level of interactivity and its commercial nature.
Motion to Quash: Preserving Jx attack - Answers Motion to Quash
, If you make a general appearance or invoke courts power, you consent to jx
Must be timely filed, affirmative defense in answer inadequate
simultaneous pleading is ok: simultaneously answer, demur, MTS
ex parte application exception
Fed uses all the various FRCP 12b1-7
SMjx - Answers State = general jx, can hear all cases except ones exclusive to fed
Limited Jx - Answers Cases worth 25k or less
No Permanent injunctions
No declaratory relief
No verified answers requirement
No special demurrer
Limited discovery
P may use case questionnaires
Witness statements/transcripts in lieu of live testimony
Litigation Holds - Answers Obligation to prevent destruction of evidence when lit filed/anticipated.
triggered by sound of gunfire, attorney demand letter, filing suit
Gov Claims Act - Answers When suing Ca gov for damages, must file claim for relief with them first. Gov
can waive, can demur if you don't comply, estoppel available.
Torts 6 months
K 1 year
Gov 45 days to respond
filing late 1 year
petition MISEN 6 months
Claims Against Decedent Estate - Answers must send letter of intent to bring claim against estate 4
months or 60 days after notice to credit
Medical Malpractice (MICRA) - Answers Suing Dr's/healthcare pros for professional negligence, 90 days
notice of intent to sue
Must file Certificate of Merit (expert certification, applies to architects and engineers)
CLRA - Answers 30 days notice to product seller to remedy/cure defect
Construction Defect - Answers send 180 day notice to building company and written notice of ADR
CC&R - Answers Requires ADR before suit against homeowners association
Mandatory Fee Arbitration - Answers Client has right to go through non-binding arb, but can waive
Employment Discrimination Claims - Answers Must exhaust EEOC admin remedies before going to court,
right to sue letter from EEOC before filing suit
Health Care Providers or Religious Institutions - Answers if sue for punitive damages, first must show
court you have a prima facie claim and get a court order
Suit against attorney for conspiracy - Answers must get prior court order because of risk of conflict of
interest for opposition
Negligence Claims against directors/officers of nonprofit - Answers must show court prima facie case of
negligence and get a court order
,Vexatious litigants - Answers need advance permission to file another claim
Damages - Answers General- emotional distress, damage to rep, loss of consortium etc
Special- lost wages, out of pocket expenses, etc
Punitive - punish D
Traditional bases for PJX - Answers Consent - K clause
Domicile - If lives in state and intends to remain
Presence - served while voluntarily in the state
General Jx - Answers If party is essentially at home in the forum state, with continuous and systematic
contacts with the forum
Continuous corporate operations are so substantial and of such as nature as to justify suit against it on
causes of action arising from dealings distinct from CoA's
Specific jx / minimum contacts - Answers certain minimum contact with forum state so that
maintenance of suit doesn't offend notions of fair play and substantial justice
1. Purposeful Availment - D purposefully and voluntarily directs its activities at forum, foreseeable that
would be haled into court
2. Contacts arising from forum state- substantial connection between CoA and Ca activities
3. Jx not unreasonable- extent of D's interjection, forums interest in adjudicating, efficiency, P's
intenterest in efficiency, existence of alternative, shared interests of several states
Contracts Pjx drill down - Answers purposeful availment- prior negotiations, contemplated future
consequences, terms of K, parties actual course of dealings
Products liability pix drill down - Answers 1. Did D ever seek to directly or indirectly serve the forum
market with its products?
,2. Is there some expectation that purchasers in the forum state will purchase the product?
Foreseeability factors:
- designing product for market in forum,
-advertising in forum,
-establishing channels for regular customer advice in forum,
-marketing product through distributor in forum
Intentional Misconduct Pjx drill down - Answers purposeful availment =
conduct expressly aimed at forum,
caused harm and knew harm was likely to be suffered in the forum, and
intentional tort
the P just living in the state isn't a sufficient connection
Internet Pjx drill down - Answers Active- doing business, online commerce, yes jx
Interactive- maybe
Passive, just posting information- no jx
Websites that do business over the Internet will yield a finding of purposeful availment, while websites
that simply present information will not. Purposeful availment for the third type is determined by the
level of interactivity and its commercial nature.
Motion to Quash: Preserving Jx attack - Answers Motion to Quash
, If you make a general appearance or invoke courts power, you consent to jx
Must be timely filed, affirmative defense in answer inadequate
simultaneous pleading is ok: simultaneously answer, demur, MTS
ex parte application exception
Fed uses all the various FRCP 12b1-7
SMjx - Answers State = general jx, can hear all cases except ones exclusive to fed
Limited Jx - Answers Cases worth 25k or less
No Permanent injunctions
No declaratory relief
No verified answers requirement
No special demurrer
Limited discovery
P may use case questionnaires
Witness statements/transcripts in lieu of live testimony
