Civil Litigation & Procedure Flashcards
7 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Litigation & Procedure flashcards as text
Under California Code of Civil Procedure § 2030.260, how many days does a party have to respond to interrogatories after service?
Answer: 30 days
A party has 30 days after service of interrogatories to serve a response under CCP § 2030.260(a).
In California, a defendant served by personal service within the state must file a responsive pleading within:
Answer: 30 days
Under CCP § 412.20(a)(3), a defendant personally served in California has 30 days to respond to the complaint.
Which California discovery device allows a party to compel another party to admit the truth of specified facts or the genuineness of documents?
Answer: Requests for Admission
Requests for Admission (CCP § 2033.010) require a party to admit or deny specific facts or document authenticity.
A 'demurrer' in California civil procedure challenges:
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.
Under the California Rules of Court, a case management conference must generally be set within how many days of filing a civil complaint?
Answer: 180 days
Under CRC Rule 3.722, the initial case management conference must be set within 180 days of the complaint's filing.
Which of the following is NOT a ground for a motion to strike under CCP § 436?
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.
In California, the 'relation-back' doctrine allows an amended complaint to:
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.