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's mandatory electronic filing rules, which court document does NOT typically require e-filing in unlimited civil cases in courts that have adopted mandatory e-filing?
Answer: Documents filed by self-represented (pro per) litigants where exempted
California courts that mandate e-filing generally exempt self-represented litigants from mandatory e-filing requirements under CRC Rule 2.253(b).
A 'lis pendens' (Notice of Pendency of Action) in California provides constructive notice that:
Answer: An action affecting title to or possession of real property is pending
A lis pendens recorded under CCP § 405.20 gives constructive notice to third parties that a pending lawsuit may affect title or possession of specific real property.
Under the California Rules of Court, a memorandum of points and authorities in support of a motion in a superior court unlimited civil case generally may not exceed:
Answer: 20 pages
CRC Rule 3.1113(d) limits memoranda in support of or opposition to motions to 15 pages, with some exceptions, but California's standard page limit for such memoranda is 15 pages.
When a California court sustains a demurrer, it typically grants the plaintiff:
Answer: Leave to amend the complaint
When a demurrer is sustained, the court typically grants the plaintiff leave to amend to cure the pleading deficiency, unless amendment would be futile.
In California, 'unlawful detainer' actions are a type of civil proceeding used to:
Answer: Regain possession of real property from a tenant
Unlawful detainer is an expedited civil action under CCP § 1161 allowing a landlord to recover possession of rental property from a tenant who has breached the lease or refused to vacate.
A writ of execution in California is issued to enforce a money judgment by:
Answer: Directing the sheriff to levy on the judgment debtor's non-exempt assets
A writ of execution under CCP § 699.510 directs the levying officer (sheriff or marshal) to seize and sell the judgment debtor's non-exempt property to satisfy the judgment.
Which California statute governs the procedure for obtaining a preliminary injunction requiring notice to the adverse party?
Answer: CCP § 527
CCP § 527 governs the procedure for obtaining a preliminary injunction, which requires notice to the adverse party and a hearing before issuance.