California Civil Procedure Manual

                              By VCIELAW.COM PUBLICATIONS

                                                                                            Copyright ©  2000  by  VCIELAW.COM PUBLICATIONS

TABLE OF CONTENTS

Chapters

     1.    ATTORNEYS                                                                  VOLUME ONE                                             

    2.     COURTS                                                                          VOLUME  TWO      

            JUDGES, COURT COMMISSIONERS, AND JURIES.. 325 

    2.      JURISDICTION                                                                   VOLUME ONE   

3.     ACTIONS                                                                                 VOLUME ONE   

4.     PLEADING PART ONE                                                         VOLUME ONE   

        INITIATING THE ACTION                                                     VOLUME ONE   

        RESPONSIVE PLEADINGS AND  

        CROSS-COMPLAINTS

5.     PLEADINGS PART TWO                                                         VOLUME ONE   

6.    PROVISIONAL REMEDIES                                                     VOLUME ONE   

7.     PROCEEDINGS WITHOUT TRIAL                                         VOLUME ONE   

9.     DISCOVERY                                                                                  VOLUME ONE   

10.     TERMINATION OF PROCEEDINGS  WITHOUT TRIAL       VOLUME ONE   

11.     PRETRIAL PROCEEDINGS                                                          VOLUME ONE   

12.     TRIAL PROCEEDINGS                                                                  VOLUME ONE   

13.      JUDGMENT                                                                                      VOLUME ONE   

14.     POST-TRIAL MOTIONS                                                                  VOLUME ONE   

15.     ATTACK ON JUDGMENT IN TRIAL COURT                             VOLUME ONE   

16.     EXTRAORDINARY WRITS                                                               VOLUME   ONE   

15.     APPEAL                                                                                                  VOLUME ONE                          

Appendices

A. State Bar Rules of Procedure for the

Hearing of Fee Arbitrations  

A- 1. Form Interrogatories ‑ Request and Text  

B. Table of Cases  

C. Table of Codes  

D. Table of Forms   

E. Table of Secondary authorities and Legal Treatises

F. Table of Secondary authorities Law Review Articles

G. Economic Litigation For Municipal and Justice Courts

Index

CALIFORNIA CIVIL PROCEDURE SUMMARY

PREFACE

The aim of this handbook is to provide a practical and concise guide to California civil procedure. It is a ready reference to and brief analysis of relevant appellate decisions, statutes, and court rules.

The text has been arranged so that the various stages of litigation are set forth in the order in which they normally occur. It includes a discussion of the standard and most frequently employed pretrial, trial, and post-trial motions along with the procedural requirements for using each. Unless available motions are known to and appropriately made by counsel and the litigant, the result can be disastrous not only with regard to success or failure at trial but also in connection with the preservation of legal contentions for the record on appeal.

The frequently litigated topic of personal jurisdiction is set forth in Chapter 2 which includes a discussion, in the context of relevant court decisions, of each recognized basis for a court's exercise of such jurisdictions. The United States Supreme Court's most recent pronouncements in this area, Rush v. Savchuk (1980) and Shaffer v. Heitner are also discussed.

Order of PrEsentation

Chapter 1 discusses the effect of local and state rules. The court's exercise of personal jurisdiction in the context of relevant court decisions is dealt with in

Chapter 2 which also includes procedures available to challenge a court's exercise of such jurisdiction. Two recent opinions of the United States Supreme Court illustrate the apparent trend towards limiting a state court's exercise of personal jurisdiction.

Following a concise overview of venue,

Chapter 4 faces the issues of special interest to the attorney: retainer agreements, recovery of attorney fees, ethical obligations and termination methods. Filing of Written Claims,

Chapter 5. describes step‑by‑step proceedings which must be handled before action can be started.

Chapter 6. Covers Drafting and interpretation of civil complaints. Certain provisional remedies such as TRO's, preliminary injunctions, lis pendens and others are included in Chapter 6.

Chapter 7 makes a concise, easy‑to‑follow statement of service of process.

Responsive pleadings and discovery are explicated in

Chapters 8 and 9 carefully studying each aspect from cross‑complaints, demurrers, affirmative defenses to estoppel and other pleadings. Methods of discovery following the latest statutes and decisions are outlined in Chapter 9.

Chapter 10, Termination without Trial and Chapter 11, Pretrial Procedures demonstrate the breadth and clarity of the author who has aimed at a lucid and useful method of making the best case for one's client. Challenges are one important key to success in trial. These are shown in Chapter 12.

                                                                PREFACE

Actual trial begins with Chapter 13, the order plus continuances, special defenses and the ultimate verdict, judgments and costs. To follow up Chapter 14 pointedly discusses the motions both in trial and post‑trial, from limine to "new trial." Appeals and extraordinary writs conclude the Handbook in Chapters 15 and 16 here again presenting basic law, basic common sense in making the next or final move.

Complete tables of forms, cases and codes make it easy to quickly reach into the volume and find the relationship to the whole. The arbitration rules on fee disputes are given in full.

The Publishers

IMPORTANT NOTICE

The provisions of the new Enforcement of Judgments Law were operative on July 1, 1983. [See Stats. 1982, ch. 1364 The following list sets forth those Code of Civil Procedure Sections included in this volume which were operative on that date.

Code Section Book Section

117 1.110, 1.150

117.7 1.120

339 8.383 [9]

564 6.210

585.5 10.160

916 15.110

918 15.121

918.5 13.639

1034 15.221

1034.5 13.644[61, 15.221

1095 16.27512]

ACKNOWLEDGEMENTS

I am indebted to numerous persons who aided in various aspects of preparing this text. First and foremost I wish to acknowledge the invaluable assistance of  ............................... His critical review, and generous supplementation greatly improved the organization and content of the text.

.....................also reviewed selected chapters of the manuscript and provided numerous suggestions which were incorporated into the book. ......................, a principal in the firm of  ............... and  ..............., critiqued the entire manuscript and provided numerous helpful comments.

I also want to acknowledge the valuable editorial assistance provided by ......................... Their constructive suggestions, checking of authorities, and careful editing significantly improved the quality and accuracy of the text.

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