USF School of Law
Fall 2015 - First Assignments
Course: Civil Procedure
Professor: Lynn Duryee
Course Materials: See below
First Assignment:
Welcome to USF Law School and to Civil Procedure! You are
not required to know anything about the law before taking this
course. Almost everything you study this semester will be new to
you. You will learn how a civil lawsuit moves through the court
system. You will learn many new terms – complaint, crosscomplaint, demurrer, discovery, summary judgment motion – as
well as many new rules. By the end of the semester, you will
understand civil procedure but your family won’t understand a word
you’re saying!
In the first class, we will study the basics of the court system.
We will discuss state and federal systems, trial courts and courts of
appeal, and the timeline of a civil case as it moves through the court
from filing to dismissal.
The course syllabus is below. Copy it and bring it to class for
reference. For the first class, please read these materials in our
textbook, Glannon, Perlman, Raven-Hansen, Civil Procedure: A
Coursebook, (2nd Ed., 2014):
 Chapter 1, “An Introduction to American Courts,” pp.
3-18
 Chapter 2, “A Description of the Litigation Process,”
pp. 19-27; “Summary,” pp. 35-36
Also, before the first class, register your I>Clicker 2 at
iclicker.com. You will be using it in every class. I grade class
participation and take attendance with this device.
This course will require your complete attention. For that
reason, I ask that you leave your beloved laptops behind and take
notes by hand. I have found that, as thrilling as civil procedure is, it
is no match to the lure of emails from friends or the prospect of
shopping for shoes.
See you bright and early Monday morning!
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Additional Notes:
Civil Procedure Syllabus
Judge Lynn Duryee
University of San Francisco School Of Law – Fall 2015
Contact information
Email: lduryee@jamsadr.com
Phone: 415-422-6842
Office: Kendrick 206
Office hours: Mondays, 8:30-2; Wednesdays, 8:30-1:00
Class meeting times
Mondays and Wednesdays, 9:00-10:50
Required Materials
Glannon, Perlman, Raven-Hansen, Civil Procedure: A Coursebook (2nd Ed., 2014)
Kane, Civil Procedure in a Nutshell (7th Ed.)
I>Clicker 2 Response System
Basics
Please print this Syllabus and bring it with you to class. It may be updated from time to
time depending on the needs of our class. I will let you know when it is updated.
I will circulate a seating chart on the first day of class. That will be your seat for the
semester. As Dean Davis says, “Arrive early and choose wisely!”
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Attendance is mandatory.
The readings are mandatory.
I will call on students randomly and reserve the right to include class participation as part
of your grade. Even if you have not understood the material, you are encouraged to
participate in class. This is law school, not court, and you are encouraged to make mistakes
and learn!
Introduction to the Course
In Civil Procedure, we will study how a civil lawsuit moves through the court system. What
rules apply when a case is filed? We will not study the substantive law of the case (for
example, the elements of proving a breach of contract) but rather what procedures apply in
a civil case from the time it is filed until the time in reaches trial. Some questions we will
consider:
 Where can a case filed? The question seems simple, but the answer turns on
whether a court has the authority to hear the subject matter of the suit
(“subject matter jurisdiction”), whether the court has the authority over the
person being sued (“personal jurisdiction”), and whether the specific court
selected within a particular court system is the correct one (“venue”).
 Who can be sued? What happens if people live in different counties or
states? What rules relate to corporations and business entities?
 What information must the plaintiff include in the complaint?
 How does a plaintiff notify a defendant of the lawsuit? (“service of process”)
 How does a defendant respond to a lawsuit?
 How does each side find out about the other side’s case before trial?
(“discovery”)
 How are cases resolved short of trial?
By the end of this course, you will know the basic structure for civil litigation in federal
courts and in California state courts, and you will be prepared to pass the civil procedure
questions on the California State Bar Exam.
Class
1. Wk.1
8/24/15
Coverage
Introduction
What is Civil Procedure?
The practice of law starts now
Federal vs. State courts
Timeline for a civil case
Basic Terms
Reading
CP Ch. 1, “An Introduction to
American Courts”
pp. 3-18
CP Ch. 2, “A Description of
the Litigation Process” pp.
19-27, “Summary,” pp. 35-6
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2.
8/26/15
Subject Matter Jurisdiction
Jurisdiction in Federal Courts
Jurisdiction in State Courts
Concurrent jurisdiction
Domicile
CP Ch. 3, “Diversity
Jurisdiction in the Federal
Courts” pp. 39-50
3. Wk. 2
8/31/15
Diversity Jurisdiction in Federal Courts
The Complete Diversity Rule
Corporate Citizenship
The Amount in Controversy
Aggregating Claims
4.
9/2/15
Federal Question Jurisdiction
What is a federal question?
The well-pleaded complaint
CP Ch. 3, “The Complete
Diversity Rule” p 52, par. 1
only; “State Citizenship” pp.
57-72, Hertz Corp v. Friend,
“The Amount in Controversy
Requirement,” pp 72-3;
Aggregating Claims,” pp 7983
“Summary of Basic
Principles,” pp 87-8
CP Ch. 4, “Federal Question
Jurisdiction” pp 89-95,
Louisville & Nashville RR v.
Mottley; “Applying Mottley:
Creation Test,” pp. 100-104,
Gunn v Minton pp 108-118,
Summary of Basic
Principles, p. 123
9/7/15
5. Wk. 3
9/9/15
LABOR DAY
Removal of Cases from State to Federal
Court
What is removal jurisdiction?
Review of Subject Matter Jurisdiction
6. Wk. 4
9/14/15
CP Ch. 5, “Removal,” pp 125142
Nutshell, pp 1-20, 27-29
7.
9/16/15
Notice and Methods of Service of Process
What is service of process? How is it
accomplished?
Actual, Substitute, Constructive Notice
8. Wk. 5
9/21/15
Implementing Due Process: Statues and
Rules Governing Service of Process
Introduction to Personal Jurisdiction
CP Ch. 10, “The
Constitutional Requirement
of Notice and Methods of
Service of Process,” pp 323337. Mullane v. Central
Hanover Bank
CP Ch. 10, “Implementing
the Due Process Standard,”
pp 337-356
9.
9/23/15
Introduction to Personal Jurisdiction –
Minimum Contacts, “Traditional notions of
fair play and substantial justice”
CP Ch. 6, “The Evolution of
Personal Jurisdiction,” “The
Modern Era Begins,” pp
4
Specific Jurisdiction
General Jurisdiction
162-176. International Shoe
v. Washington.
10. Wk. 6
9/28/15
Specific Personal Jurisdiction (“In
personam”)
Long-arm Statutes and the Constitution
Forum selection and choice of law clauses
11.
9/30/15
Specific Personal Jurisdiction, cont’d
Personal jurisdiction in federal court
Stream of commerce problems
What does “arising out of” mean?
The Internet and personal jurisdiction
Transient presence – “Tag! You’re It!”
12. Wk. 7
10/5/15
MIDTERM
Introduction to Venue
CP CH. 7, “Refining the test
for specific jurisdiction,” p.
177-188, McGee v.
International Life Ins Co;
“Notes and Questions,” 194196
“Contracts as Contacts” pp
201-207 Burger King v.
Rudzewicz (skip dissent)
CP Ch. 7, “Personal
jurisdiction in federal
court,” pp 209-210; Asahi
Metal Industry v. Superior
Court of California, pp 212219 (omit part III)
The “arises out of element,”
pp 229-232
“Back to the Future,” pp
232-237
“Transient Presence,” pp
282-298 Burnham v.
Superior Court.
“Summary of basic
principles,” p. 301
CP Ch. 11, “Basic Venue,” pp
359-365; Summary p. 375-6
13.
10/7/15
Venue
Challenges to Venue
Forum Non Conveniens
CP Ch. 12, “Challenges to
venue,” pp 377-404;
“Summary,” pp. 408-9.
14. Wk. 8
10/12/15
Pleading
What are pleadings?
California State Court Rules
Heightened rules for punitive damages
Intro to Federal Rules
CP Ch. 13, “Introduction,” pp
413-415; “Notes and
Questions,” pp 424-432;
“Doe v. Smith,” pp 433-440;
“Heightened Pleading,” 440441,” “Notes and Questions,”
444-447.
CCP Sections 420, 422.10,
422.30, 422.40, 425.10,
425.11, 425.12
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15.
10/14/15
Pleading in Federal Court
Federal rules
Heightened Pleading
“Plausible” pleading and the well-pled
complaint
CP Ch. 13, “The (Still)
Evolving Standard of
Plausible Pleading, pp. 447467, Ashcroft v. Iqbal.
16. Wk. 9
10/19/15
Responding to the Complaint
Default
Default judgment
Setting aside default
CP CH. 14 469-480
CCP 585, 586, 473(b), 473.5
17.
10/21/15
Responding to the Complaint
Motion to Dismiss/Demurrer
Motion to Strike
Answer, Affirmative Defenses
18. Wk. 10
10/26/15
Law and Motion
Required format: Notice of Motion,
Memorandum of Points & Authorities.
Timing requirements.
Tentative Rulings, Local Rules
Ex Parte Application
Temporary Restraining Order, Injunctive
Relief
19.
10/28/15
Discovery -- Intro, Tools
Purpose of Discovery
Tools: Depositions, Interrogatories,
Documents, Inspections, Defense Medical
Exam, Experts
Difference between state and federal court
CP Ch. 14, “Moving to
Dismiss,” 480-490,
“Answering the Complaint,”
497-8; “Notes and
Questions,” 501-504;
Ingraham v. US, 506-509
CCP 430.10, 430.20, 430.30,
430.40, 430.60, 430.80,
430.90, 431.20, 431.30,
431.70, 435, 436
Notice of Motion: CRC
Sections 3.1110, 3.1112,
3.1113, 3.1115
Time: CCP 1005(b); 1013(a)
Marin Local Rule 1.10
Ex Parte CRC 13.120113.12.06
TRO CRC 3.1150
Injunctions CCP Sections
525, 526, 527
CP, Ch.22, “Physical and
Mental Examinations,” pp
848-855; “Summary,” pp
855-6
The Civil Discovery Act: CCP
2016 et seq.
CCP Sections 2016.060,
2017.010, 2019.010,
2019.020, 2024.020,
2025.010, 2025.220,
2025.330, 2029.100,
2029.200, 2029.600,
2030.010, 2030.210,
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2031.010, 2032.020,
2032.220, 2033.010
20. Wk. 11
11/2/15
Discovery – Scope
Attorney Work Product
Witness Statements
Privileges
Absolute vs. Qualified protection
Objections
21.
11/4/15
Discovery Enforcement
Motions to Compel
Meet and confer obligations
Discovery Referees and Discovery
Facilitators
Discovery sanctions – Money, issue
preclusion, strike pleadings
22. Wk. 12
11/9/15
Amending Pleadings
“As of right” and with “leave of court”
Cross-Complaints: Compulsory and
Permissive
(“Counterclaim” in federal court)
Adding new parties (“Joinder”)
23.
11/11/15
24. Wk. 13
11/16/15
ADR – Alternative Dispute Resolution
Arbitration
Mediation
Court management
MSC
Adjudication short of trial
Motion for judgment on the pleading
Motion for summary judgment
CP., Ch. 21, “The Scope of
Discovery,” pp 780-786;
“Work Product,” pp 786805. Hickman v. Taylor
CCP Sections 2018,
2018.010, 2018.020,
2018.030, 2018.080
CP Ch. 23, “Discovery
Control and Abuse,” pp 857875, Chudasama v. Mazda
Motor Corp.
CCP 2030.290, 2030.300,
2030.310
Marin County Superior
Court Civil Rule 1.9
CP Ch. 16, “Amending
Pleadings,” pp 553-566;
“Summary,” – 596-7.
CCP Sections 472, 472(a)(1),
474
CP Ch. 17, “Counterclaims,”
pp 618-626
CCP 426.10, 426.30, 428.10,
428.20
CP Ch. 27, “Dispositions
Without Trial,” pp 993-999;
“Summary Judgment,” 10041020; Summary, pp 103233
CCP 437c(a)(b1)(7)(c)(h) –
motion for summary
judgment
CCP 438 – motion for
judgment on the pleadings
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25.
11/18/15
State law in federal court: The Erie Doctrine
History of choice of law in federal court
The Erie Doctrine – use of state law
Is there a federal common law?
What if federal judge doesn’t know how
state would decide?
Choice of law in federal court
26. Wk. 14
11/23/15
Issue Preclusion
Res Judicata
Collateral Estoppel
27.
11/30/15
REVIEW – tying it all together
Rules based study
CP Ch. 24, “Introduction,” pp
879-886; “The Erie
Decision,” pp 889-895; Erie
RR v Tompkins “Erie
guesses,” pp 897-8; “Erie
and State Choice of Law,” pp
902-906; Klaxon Co. v.
Stentor Electric, “Summary,”
p. 917.
CP Ch. 33, “Claim
Preclusion,” pp 1203-1229;
Taylor v. Sturgell
CCP Secs. 1908-1911.
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