CP Civil Litigation & Procedure 2 — Questions and Answers
Question 1: Under California Code of Civil Procedure § 2030.260, how many days does a party have to respond to interrogatories after service?
- 15 days
- 20 days
- 30 days (Correct answer)
- 45 days
Correct answer: 30 days
A party has 30 days after service of interrogatories to serve a response under CCP § 2030.260(a).
Question 2: In California, a defendant served by personal service within the state must file a responsive pleading within:
- 20 days
- 30 days (Correct answer)
- 45 days
- 60 days
Correct answer: 30 days
Under CCP § 412.20(a)(3), a defendant personally served in California has 30 days to respond to the complaint.
Question 3: Which California discovery device allows a party to compel another party to admit the truth of specified facts or the genuineness of documents?
- Interrogatories
- Requests for Production
- Requests for Admission (Correct answer)
- Deposition on Written Questions
Correct answer: Requests for Admission
Requests for Admission (CCP § 2033.010) require a party to admit or deny specific facts or document authenticity.
Question 4: A 'demurrer' in California civil procedure challenges:
- The court's personal jurisdiction over the defendant
- The legal sufficiency of a pleading on its face (Correct answer)
- The authenticity of documentary evidence
- The credibility of witness testimony
Correct answer: The legal sufficiency of a pleading on its face
A demurrer under CCP § 430.10 attacks the legal sufficiency of a pleading, assuming all well-pleaded facts are true.
Question 5: Under the California Rules of Court, a case management conference must generally be set within how many days of filing a civil complaint?
- 60 days
- 90 days
- 120 days
- 180 days (Correct answer)
Correct answer: 180 days
Under CRC Rule 3.722, the initial case management conference must be set within 180 days of the complaint's filing.
Question 6: Which of the following is NOT a ground for a motion to strike under CCP § 436?
- Matter not drawn in conformity with the laws of California
- Matter that is irrelevant, false, or improper
- A pleading not timely filed
- Lack of personal jurisdiction over the defendant (Correct answer)
Correct answer: Lack of personal jurisdiction over the defendant
Lack of personal jurisdiction is raised by a motion to quash or a special appearance, not a motion to strike.
Question 7: In California, the 'relation-back' doctrine allows an amended complaint to:
- Add new defendants after the statute of limitations has run if they had notice
- Extend all discovery deadlines by 30 days automatically
- Substitute a Doe defendant if the plaintiff was genuinely ignorant of their identity (Correct answer)
- Revive a dismissed cause of action without court permission
Correct answer: Substitute a Doe defendant if the plaintiff was genuinely ignorant of their identity
Under CCP § 474, a plaintiff who was genuinely ignorant of a defendant's identity may name them as a Doe and later amend to substitute the real name, relating back to the original filing date.
CP Civil Litigation & Procedure 2
Under California Code of Civil Procedure § 2030.260, how many days does a party have to respond to interrogatories after service?