Cases and Materials on California Civil Procedure

David I. Levine, UC College of the Law, San Francisco

Stefano G. Moscato, UC College of the Law, San Francisco

Rochelle J. Shapell, UC College of the Law, San Francisco

William R. Slomanson, Thomas Jefferson School of Law

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Chapter 1. Introduction to California Civil Procedure

• No major changes

Chapter 2. Jurisdiction, Venue, and Conflict of Laws

• B. Jurisdiction over Persons
  • 1. Bases of Personal Jurisdiction
    • LG Chem, Ltd. v. Superior Court replaces Bader v. Avon Products, Inc.

Chapter 3. Pleadings

• This chapter now contains the Pleading sections of what had been Chapter 3: Pleadings and Joinder in the Sixth Edition (A. Complaint, B. Attacking the Pleadings, C. Answer & E. Amendments).
• B. Attacking the Pleadings
  • 6. Special Prefiling Requirements
    • McCurdy v. County of Riverside replaces Rubenstein v. Doe No. 1.

Chapter 4. Truth in Pleading

• This chapter now contains what had been contained in F. Truth in Pleading in Chapter 3.

Chapter 5. Joinder

• This chapter now contains what had been contained in D. Cross-Complaint and G. Special Joinder Devices in Chapter 3.
• B. Joinder of Parties
  • 3. Compulsory Joinder
    • Doe v. Regents of University of California replaces Van Zant v. Apple Inc.
  • 5. Class Actions and Representative Suits
    • Estrada v. Royalty Carpet Mills, Inc. replaces In re Steroid Hormone Product Cases.

Chapter 6. Discovery

• This chapter now contains what had been in Chapter 4: Discovery.
• C. Discovery Devices
  • 8. Electronic Discovery
    • Park v. Law Offices of Tracey Buck-Walsh replaces Toshiba America Electronic Components, Inc. v. Superior Court.
• D. Systemic Oversight
  • 1. Meet and Confer Requirement
    • Discussion in text replaces Obregon v. Superior Court.
  • 3. Discovery Sanctions
    • Discussion in text on Discovery Motions and Protective Orders replaces Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants.
• E. Time for Completion of Discovery
  • Discussion in text on Discovery Motions and Protective Orders replaces this section and Fairmount Insurance Co. v. Superior Court.

Chapter 7. Case Management, Alternative Dispute Resolution, and Settlement

• This chapter now contains what had been in Chapter 5: Disposition Without Trial on A. Alternative Dispute Resolution, B. Case Management, and E. Settlement.
• B. Alternative Dispute Resolution
  • 1. Arbitration
    • (a) Contractual Arbitration
      • Ramirez v. Charter Communications, Inc. replaces Armendariz v. Foundation Health Psychcare Services, Inc.
• C. Settlement
  • 2. Offer of Judgment
    • Madrigal v. Hyundai Motor America replaces Guzman v. Visalia Community Bank.

Chapter 8. Disposition Without Trial

• This chapter now contains what had been in Chapter 5: Disposition Without Trial—C. Dismissal, D. Default and Default Judgment, F. Summary Judgment, and G. Relief from Orders and Judgments.

Chapter 9. Trial

• This chapter now contains what had been in Chapter 6: Trial.
• B. Advising the Jury
  • 1. Instructions
    • I.C. v. Compton Unified School District replaces Mitchell v. Gonzales.
• D. Judicial Control of the Jury
  • 2. Directed Verdict
    • Discussion in text replaces the short excerpt from Dailey v. Los Angeles Unified School District.

Chapter 10. Securing and Enforcing Judgments

• This chapter now contains what had been in Chapter 7: Securing and Enforcing Judgments.
• C. Costs and Attorney’s Fees
  • 2. Attorney’s Fees
    • Let Them Choose v. San Diego Unified School District replaces Sokolow v. County of San Mateo.

Chapter 11. Appellate Review

• This chapter now contains what had been in Chapter 8: Securing and Enforcing Judgments.
• B. Appealability
  • 1. Appealable Judgments and Orders
    • c) Collateral Orders
      • Longobardo v. Avco Corp. replaces Muller v. Fresno Community Hospital & Medical Center.
• C. Other Issues Affecting Appellate Review
  • 2. Timely Notice of Appeal
    • Discussion in text replaces City of Calexico v. Bergeson.

Chapter 12. Prior Adjudication

• This chapter now contains what had been in Chapter 9: Prior Adjudication.
• B. Res Judicata
  • 2. Issue Preclusion
    • Samara v. Matar has been added to this section.

Learn more about this series.