Civil Procedure and Litigation Practice
Jurisdiction and Venue
Start with subject-matter jurisdiction (federal question, diversity with complete diversity and $75,000 amount in controversy), then personal jurisdiction (minimum contacts, purposeful availment, fair play), then venue. California state courts are courts of general jurisdiction; superior courts handle most matters, with limited jurisdiction for smaller claims.
Pleadings and Pre-Trial
California uses notice pleading (Code Civ. Proc. § 425.10) - a short plain statement. Demurrers test legal sufficiency; motions to strike test improper matter. Federal practice under Iqbal/Twombly requires plausibility. Know the anti-SLAPP statute (CCP § 425.16) - a favorite trap: it shifts burden to the plaintiff to show a probability of prevailing.
Discovery and Disposition
Interrogatories, requests for production, requests for admission, depositions, and expert disclosures. California limits: 35 interrogatories (including subparts), 35 RFAs, 10 depositions, 7-hour deposition limit (with exceptions). Summary judgment: moving party must show no triable issue of material fact; in California, a defendant must negate an element or show a complete defense.
Trial and Appeal
Right to jury in legal (not equitable) actions. Post-trial motions: JNOV, new trial. Appeal deadlines are jurisdictional - notice of appeal in California is generally 60 days from notice of entry of judgment.
Traps
Mixing federal and California limits; forgetting that California's anti-SLAPP motion stays discovery; treating a demurrer as a factual motion.
Rule of Thumb
For any procedural question, first identify the forum (federal or California state), then apply that forum's specific rule. The rules diverge on discovery limits, pleading standards, and summary judgment burdens.