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 410.10:
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. Where the wrongful act occurred (tort)
2. Where the contract was entered (contract)
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