Interests, shared Social Policy Interests, meanwhile, UBE takers want to drill down on different kinds of claims (counterclaims, cross-claims, and joinder of claims along with motions (motions to dismiss, new trial, judgment as a matter of law, and summary judgment) and. Fairplay and Substantial Justice, burden on Defendant, states Interest. Must show health is in actual controversy and good cause Party seeking chooses the suitably licensed person to perform the exam Person examined may obtain copy of report by asking for it, but will waive his patient privilege In CA, D has a right. Default if D fails to appear or respond, D must be given notice of the application for entry of default, and P must show clerk that D has failed to respond w/in 30 days after being served w/process Default judgment Clerk can enter DJ w/o. Does claim arise from Ds contact with CA? To be heard Sanctions include: (1) monetary sanctions, (2) establishment order, (3) refusal to allow party to support its position w/evidence at trial, (4) striking pleadings, (5) entering default judgment against D or dismissing Ps cause of action Party seeking sanctions must indicate type. Party may respond w/ignorance CA has form interrogatories approved by Judicial Council No limit to the number of form interrogatories that can be served If the party wishes to draft specific interrogatories may NOT contain subparts Maximum number allowed in an unlimited civil case. Recognizes the right to privacy, which can be claimed to limit discovery Crt will balance the need for information against need for privacy Attorney work-product/Trial Prep Material Material prepared in anticipation of litigation generally not discoverable. Default Judgment IS on the merits Judgment based upon discovery abuse IS on the merits Both must involve the same claim. For example, a summary judgment motions hearing must be noticed for a date at least 75 days after the service of the motion papers.10 This should be contrasted to jurisdictions that set deadlines based on the date a motion is filed and often do not.
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Joint tortfeasors are NOT necessary parties. If D moves for this at the close of Ps opening statement or at the close of Ps evidence at trial it is called a Motion for Nonsuit Motion for Judgment Notwithstanding the Verdict (jnov) same as Motion for Directed Verdict but comes up after. Broader than admissible may be able to discover hearsay, even though it would not be admissible at trial Privileged matter is not discoverable. Civil Procedure Subtopic Frequency, the difference in Civil Procedure testing between the UBE and CA gets more nuanced when you break the exams into subtopics. Parties may bring civil motions in California state court on an accelerated basis as ex parte applications, such as when there are exceptional circumstances like the possibility of irreparable harm in the absence of immediate relief. California Primary Rights Doctrine a cause of action is defined as an invasion of a single primary right thus a plaintiff injured by D in an accident may sue the D in one action for personal injury and in a separate action for property damage. In rem jurisdiction If dispute related to prop and if property in state jurisdiction. A second significant difference is that the California Code of Civil Procedure leaves less room for partial resolution of a case on summary judgment than do the federal rules. Have THE parties properly propounded replied TO discovery? Domicile in state (place where person maintains his permanent home). Potential litigants with knowledge or experience founded upon federal rules, or federal rules-like procedures, should be aware of these differences to allow them to plan for the litigation and prevent surprise.