CIVIL PROCEDURE – LA 310CIVIL PROCEDURE – LA 310

FEDERAL AND STATE COURT FEDERAL AND STATE COURT SYSTEMSSYSTEMS

California Appellate DistrictsCalifornia Appellate Districts

FEDERAL CIRCUITSFEDERAL CIRCUITS

Subject Matter JurisdictionSubject Matter Jurisdiction

The power of a court to hear a certain type of The power of a court to hear a certain type of case.case.

Federal Courts are court of limited subject matter Federal Courts are court of limited subject matter jurisdictionjurisdiction

State Courts are courts of general subject matter State Courts are courts of general subject matter jurisdictionjurisdiction

Federal Court Subject Matter Federal Court Subject Matter JurisdictionJurisdiction

1.1. Federal QuestionFederal Question

a) Pendant or Supplemental Jurisdictiona) Pendant or Supplemental Jurisdiction

2.2. Diversity JurisdictionDiversity Jurisdiction

3.3. Removal JurisdictionRemoval Jurisdiction

Personal JurisdictionPersonal Jurisdiction

California Long Arm StatuteCalifornia Long Arm Statute

C.C.P. section 410.10:C.C.P. section 410.10:

A court in this state may exercise jurisdiction on any basis not

inconsistent with the Constitution of this State or of the United

States

International Shoe Co. v. International Shoe Co. v. WashingtonWashington

““Minimum Contacts”Minimum Contacts”

Venue

Venue is the geographical place within a jurisdiction where a case may be heard– County within a state– Federal district within the federal courts

Not jurisdictional – may be waived by parties– By appearance– By contract or agreement

Venue

CCP section 395: venue is proper in the county

1. Where the wrongful act occurred (tort)

2. Where the contract was entered (contract)

3. Where any of the defendants or some of them reside at the start of the action (any type of case)

Parties to the Action

Standing to sue

Capacity to sue or be sued

Joinder of parties

Standing to Sue

Applies to plaintiff’s

Plaintiff must be the “real party in interest” with respect to claim sued upon

Plaintiff must have suffered injury

Challenge standing by:– Demurrer in state court– Motion to dismiss in federal court– Affirmative defense in answer

Capacity

Each party must have legal capacity

Legal entities– Partnerships– Corporations– LLC’s

Individuals– Minors or incompetent persons– Guardian ad litem

Joinder of Parties

Compulsory Joinder – who must be joined– Indispensable parties– Necessary parties

Permissive Joinder – who may be joined– Test: 1. Common issues of law or fact, that

2. Arise out of same transaction or series of transactions