CIVIL PROCEDURE – LA 310

FEDERAL AND STATE COURT SYSTEMS

California Appellate Districts

FEDERAL CIRCUITS

Subject Matter Jurisdiction The power of a court to hear a certain type of case. Federal Courts are court of limited subject matter jurisdiction State Courts are courts of general subject matter jurisdiction

Federal Court Subject Matter Jurisdiction 1. Federal Question a) Pendant or Supplemental Jurisdiction 2.Diversity Jurisdiction 3.Removal Jurisdiction

Personal Jurisdiction

California Long Arm Statute C.C.P. section : 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. Washington

“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. 1.Where the wrongful act occurred (tort) 2. 2.Where the contract was entered (contract) 3. 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