1. Agenda for 1st Class Administrative Stuff Newspapers & Public Radio
Introduction to Civil Procedure
Introduction to Service of Process
Greene v. Lindsey
Introduction to FRCP
Introduction to pleading

2. Assignment for Next Class
Review any questions or materials we didn’t cover in class
Service of Process
FRCP 1, 4,12(b)(5) & (6), Forms 1-3, 5-6
3 Blackboard question on Service of Process
Questions for next class and Writing Assignment for Group 1
The question on the next two slides are the first part of the writing assignment
Optional. Glannon , , Problems 1-8, 10, 11a, 12a, 13a, 14
Pleading
FRCP 2,3,8(a),(d) & (e), 12(b)(6), 84
Yeazell, pp
3 Blackboard questions on Complaints
Questions on Slide entitled “Questions for Next Class III”
Optional. Glannon

3. Questions for Next Class I
1) Prof. Armour sues Prof. Garet for a playground injury. He attempts to serve process but the process server he hired is unable to find Prof. Garet and his house is abandoned. So Prof. Armour publishes the summons in the Los Angeles Times. Is service of process valid?
Assume that the case was commenced in the federal district court for the Central District of California and that Prof Garet resides in that district
Note that California statutes include the following provision:
Cal. Code Civ. Pro Service by publication
(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article…
(b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served….

4. Questions for Next Class II
2) It has been proposed that the Federal Rules of Civil Procedure should be amended to add a new FRCP (4)(e)(2)(D) that would read: 
(D) delivering a copy of each by electronic means at a location previously accessed by the individual within 60 days before the copy is delivered.
a) Is this proposed amendment constitutional? What factors are relevant to this question?
b) Is this amendment a good idea? If you were on the Rules Advisory Committee, would you recommend its adoption?
c) If it were your responsibility to draft a new rule relating to electronic service of process, would you propose different language? If so, draft the rule you would propose. 
3) How could one argue that service of process by electronic means is already allowed under the FRCP in some circumstances? If you need more information to answer this question, what information do you need? I do not encourage you to do research to find the information you would need. Rather, I hope you will read FRCP 4 carefully to see what provision or provisions of it could be construed under some circumstances to allow electronic service of process.

5. Questions for Next Class III (Complaint)
Briefly summarize Haddle v. Garrison.
Your summary should include the parties, the key allegations of the complaint, the way each court which heard the case ruled, and why.
Try to keep your summary brief. The summary I drafted is 4 sentences and 92 words. Concision is a virtue!
Yeazell pp. 372 Q1
Read 42 U.S.C. § 1985(2) carefully (Yeazell p. 373). What are the elements of a cause of action under that statute? That is, list all the things that the plaintiff will have to prove to prevail if the case goes to trial.
For each element you listed, find the corresponding allegations in the complaint (pp ).
Yeazell pp Qs 1-2 and pp Qs 1-2

6. Administrative Stuff Everyone receive at least two emails from me?
Everyone receive writing group and web # from Chris Schnieders?
Everyone successfully access the website?
See Click on “Civil Procedure”
You are responsible for the policies posted there
Everyone get books for class?
Nameplates
Bring to class every day
First & Last name: Write first name you want me to use
Seating Chart -- Put name you want me to use on chart
Office Hours
Mondays 4-5PM
May not consult materials from last year’s class
Audio recording posted to Portal
Attendance and participation are mandatory
May be included in grading
if absent or unprepared
Not advisable to read ahead or do writing assignments in advance
Exam will be open book; probably one-day take-home
Lunch

7. Socractic Method
Starting next class I will call on you, even if you don’t raise your hand
Much of what you do in the law practice will be oral
Arguing your case to a judge or jury
Responding to a client's legal questions
Negotiating with opposing counsel
Discussing a case with a supervising attorney or partner in a law firm
Many of those situations will be ones in which others will be asking you questions and you will be expected to answer
Judges, partners, and clients set the agenda, and they will expect you to answer their questions
You can't say "I pass" to a judge
If you say it to a partner you may not be at the firm much longer
If you say it to a client, you are not likely to have many clients
I will sometimes try to argue you out of your position
Even if I think you are right
Good lawyer knows when and how to defend position, when to give in
Can be frustrating, but important

8. Newspapers I strongly advise you to keep up with the news
Major Newspaper: New York Times, Wall Street Journal, or Financial Times
Online or hard copy
Hardcopy available in library
Public Radio: 89.3 KPCC, 89.9 KCRW
Law is in the news nearly every day
More generally, you will be a much better lawyer if you are up on current events
Also you will interview much better
Not to mention, you will be a better citizen

9. Clerking I also strongly advise everyone to apply for a clerkship
Clerking for a judge is the very best job you can take after the law school
Learn more about practice of law, more quickly, than at any other job
Best way to make good first impressions at next job
So can acquire good mentors and supporters
Apply in summer between 2L and 3L year
Judicial externships and internships also good
But not a substitute

10. Introduction to Civil Procedure
Arguably most important course this semester
Very few of you will litigate torts or contracts
But about half of you will become litigators
And even transactional lawyers need to know a little about litigation
Course is mixture
Part constitutional, part application of court rules, part statutory, part caselaw
Part theory, part very practical (court visit, mock mediation)
Civil, not criminal
Mostly pretrial and post-trial
Trial Advocacy is separate course
Pretrial is very important because most cases settle
Mostly federal
California and other states are similar
Separate course for California Civil Procedure

11. Structure of Course Stages of a simple lawsuit Complex litigation
Service of process, pleading, discovery, trial, appeal
Settlement, mediation
Complex litigation
Multiple parties, multiple claims, multiple suits
Joinder, class actions, res judicata
Which court, what law
Jurisdiction, venue, choice of law, Erie doctrine

12. Introduction to Service of Process
How notify someone that sued?
Ideally personally deliver relevant papers to them
Relevant papers are summons and complaint
But personal delivery is sometimes too difficult or costly, so other methods sometimes allowed
Valid method must be authorized by relevant rules or statute AND must be constitutional
Important, because if defendant doesn’t respond to summons, subject to default judgment

13. Greene v. Lindsey Questions I
1) Who were the parties to this litigation?
2) How many courts were involved in this litigation?
3) Was there a trial?
4) How did each court rule? How did their reasoning differ? What authorities (statutes, cases, constitutional provisions) did they rely upon? How persuasive were their arguments?
5) Did the Supreme Court reach the right decision? Why?
6) Do you think tenants (including those not parties to Greene v. Lindsey) generally benefited from this decision? How might the decision help them? How might it hurt them?
7) What is the rule of law ("the holding") established by this case? Try to state it in a single sentence.

14. Greene v. Lindsey Questions II
8) Suppose you rent a posh apartment in Beverly Hills. The building has a doorman, 24-hour security, and other amenities. The landlord wants to evict you and attempts to notify you by posting the summons on the door to your apartment. You don't see the summons, and the landlord evicts you. You bring suit in federal court arguing that service of process was unconstitutional. Are you likely to win? Be sure to think of arguments both for why you might win and for why you might lose. Which are more persuasive?
9) Suppose you park your car in unapproved spot on the USC campus. A USC Transportation Services employee tacks a notice on your car stating that you must move it within 24 hours or it will be towed. You don't see the notice in time, and USC tows your car. You file suit in federal court arguing that USC violated your Due Process rights. Are you likely to win? Be sure to think of arguments both for why you might win and for why you might lose. Which is more persuasive?

15. Greene v. Lindsey Questions III
10) According to government records, Jones, a homeowner, failed to pay property taxes on her home for several years. According to statute, if a homeowner has not paid her taxes for several years, the government has the right to sell the property at a tax sale. The government notified Jones of the planned tax sale by sending a certified letter addressed to her at her home. No one was home to sign for the letter, so the postal carrier left a sticky-note on her door advising her that a certified letter was being held for her at the post office. No one claimed the letter at the post office, so the letter was returned to the government office that sent the letter. The government proceeded to sell Jones’s property. Has the government violated Jones’s constitutional rights? 

16. Greene v. Lindsey Questions IV
11) Dusenbery was arrested and convicted for various drug offenses. According to statute, cash or other property that was acquired through illegal drug sales is forfeit to the U.S. government. After Dusenbery was incarcerated, the government initiated forfeiture proceedings regarding more than $21,000 in cash that it found at Dusenbery’s house. The government attempted to notify Dusenbery of the forfeiture proceedings by mailing a certified letter addressed to him at the prison where he was being held. A prison official signed for the letter, and the prison had procedures for delivering mail to prisoners. It is unclear whether the procedures were followed and whether the letter was ever delivered to Dusenbery. Since Dusenbery did not contest the forfeiture, his money was turned over to the U.S. Treasury and spent on student scholarships. Has the government violated Dusenbery’s constitutional rights?

17. Federal Rules of Civil Procedure
FRCP
Rules which govern civil cases in federal court
Written by Advisory Committee of judges, academics, and practicing lawyers, approved by Supreme Court. Congress can veto.
Interpreted like statutes
States have their own rules
Some states enact rules as statutes (e.g. California)
Approx. 35 states have modeled their procedures on FRCP
Unfortunately not California

18. Service of Process under FRCP
4(c)(1). Summons and complaint served together
Summons (Form 3, p. 70); Complaint (Forms 10-11, pp )
4(c)(2). Service by anyone 18 or older not a party
4(e). Service on individuals by
(1) method allowed by state law, or
(2) delivering copy personally or leaving copy at home with person of suitable age living there
4(h)(1) Service on corporations by
(A) method allowed by state law, or
(B) delivery to officer, managing or general agent, agent authorized to receive service
Officer = very high ranking person, e.g. CEO, Secretary, Treasurer
State law usually requires designation of someone to receive service
Names and addresses on website:
All methods must be constitutional
Waiver procedure in 4(d) seldom used, because defendant gets 60 days to answer complaint, rather than ordinary 21 18 18

19. Introduction to Pleading
First major phase of lawsuit
Complaint, answer
Functions
Notice
Identify issues for discovery and trial
Weed out bad claims
Very hard for 1L students
because closely related to discovery and trial
because closely related to substantive law
Good complaint alleges facts relating to every element of cause of action
because law recently changed
Iqbal (2009)

20. Complaint in FRCP I 3. Complaint filed with court
4(c)(1). Complaint served on defendant with summons
8(a). Complaint has 3 parts
Jurisdictional statement. See Form 7
Short and plain statement of claim. See Forms 10 & 11
Plaintiff usually must plead facts related to every element of a valid cause of action
Need not cite legal authority
Demand for relief. See Forms 10 & ll
How much money; what kind of injunction
8(d). Can plead in alternative, even if both can’t be true
8(e). Complaint interpreted “so as to do justice”
See also Rule 1. Rules construed “to secure just, speedy, and inexpensive determination” of cases
10, Form 1. Formalities, captions, etc.

21. Complaint in FRCP II
11. Complaint must be truthful, e.g. supported by legal and factual research (more detail next week)
12. If complaint is deficient, defendant can make a motion to dismiss under FRCP 12(b)(6)
Case dismissed, if, even if all facts in complaint assumed to be true, plaintiff would not prevail
Motion granted if law does not support plaintiff’s claim
E.g. Prof. Klerman called on John in class, wherefore John prays $1,000,000 in damages.
Forms 10 and 11 provide examples of very short complaints
FRCP 84 says that forms are valid
No one writes complaints that are this short
Why?

22. 12(b)(6) Motion to Dismiss
12(b)(6) . Defendant challenges complaint by making motion to dismiss for failure to state a claim upon which relief can be granted
Judge assumes all facts in complaint (but not legal conclusions) are true
See handout for problems justifying dismissal
If motion granted, plaintiff almost always has chance to amend
Core purpose – dismiss claims not supported by law
Not that may require resolution of difficult, close, and/or new legal issues
Subject of next class
Newer purpose – dismiss claims with insufficient factual support
See Iqbal. very controversial, because plaintiff may need discovery to get factual support, but not discovery if case dismissed
Subject of class after next
Called “demurrer” in common law and in many state law systems