Civil Litigation I

Parties & Jurisdiction

Not that kind of party!

OBJECTIVES

Today we will learn: Who can be a party to a lawsuit How parties can joined into a lawsuit What is required for a Plaintiff to bring

suit The types of jurisdiction The definition of Service of Process

Parties To An Action

Plaintiffs, Defendants, Cross-plaintiffs and Cross-defendants Individuals Businesses Corporations Municipalities Government agencies Organizations

Joinder of Parties And Claims

Real Party in Interest Code of Civ Pro §367 states: “an action

must be brought in the name of the real party in interest."

The party who has the right that the lawsuit seeks to enforce

Real Party In InterestIn some cases parties can legally substitute for the real party in interest

Assignment - claim transferred to another person

Subrogation - π turns over his/her rights to sue to a third party (insurance △company) to obtain payment from defendant after third party has paid plaintiff.

What can go wrong, will…

Capacity to Sue An incompetent person cannot sue

a minor (under 18 years of age) Mentally incompetent

Guardian Ad Litem must be appointed to sue on their behalf

Required Joinder of Parties

CCP §§ 378, 379 & 389 Parties must be joined in the lawsuit if

their presence is required to grant "complete relief."

Sometimes parties cannot be joined due to jurisdiction or service problems

Parties not brought into a lawsuit can "intervene" to be become a party to the lawsuit.

Permissive Joinder of Parties

CCP §§378 & 379 - joining of plaintiffs Law and facts must be common to all

parties Where it would be sensible to have the

party join.

Special Pleading Rules

Cross-complaint Interpleader Intervention Class Actions

Jurisdiction

All cases must have two types of jurisdiction for the court to hear their case:1. Subject Matter Jurisdiction2. Personal Jurisdiction

In addition, the lawsuit must be filed in the correct venue (geographic location).

Subject Matter Jurisdiction

Definition: The power of the court to hear particular cases

Jurisdiction of state courtsSuperior Courts Small ClaimsFamily Law Juvenile Courts

Federal Court Jurisdiction

Federal Question○ Matters of federal law, treaties or

constitutional issues

Diversity of Citizenship○ Citizens of different states or countries○ Claims of more than $75,000.00

Removal Removal of a case from state court to

federal court. Defendant may ask court to transfer

case from state court to federal court after lawsuit has been filed in state court if there is federal jurisdiction

Concurrent Jurisdiction

A case can have jurisdiction concurrently in both state court and federal court if it is a diversity case.

In diversity cases, state law will be applied to the case.

Personal Jurisdiction

Definition: The power of the court to bring a defendant before it and make a decision binding on it.

Courts must have both subject matter jurisdiction and personal jurisdiction to hear a case.

Personal Jurisdiction

Judgment is not enforceable without personal jurisdiction

Must have jurisdiction over the person, business or property

Personal Jurisdiction

Due Process Requirements Requires fundamental fairness in judicial

proceedings Minimum contacts required

Service of Process

The law requires that certain legal documents be “served” or delivered in a certain manner.

Delivery of the lawsuit to the defendant must be hand delivered.

This is called “personal service.”

Exceptions to Personal Service

Complaint can be left with an adult at the defendant's residence or place of business and follow up by mailing.

Notice of Acknowledgement and Receipt – sent to defendant’s attorney (mostly for businesses)

Service by PublicationIn a newspaper

Venue Venue is the geographic location CCP §§ 395 - Proper venue for lawsuit

defendant's county of residencewhere the accident or death occurredwhere the property lies

local rules dictate which branch to file