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Lesson 4.
Other Pretrial Matters

 

Review Questions §4.13 Review 
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1. The defendant’s claim must be served:

  1. Five days before the hearing date

  1. Ten days before the hearing date

  1. One day before the hearing if the defendant was served less than 10 days before the hearing

  1. a and c

  1. b and c

2. The defendant must file a cross-claim on a transaction related to the plaintiff’s claim.

True
False

3. On a motion to transfer, you may:

  1. Render judgment and transfer a claim that is above the small claims jurisdictional limit

  1. Render judgment before transfer, or not render judgment and transfer the case

  1. Dismiss the action and instruct the plaintiff to refile in a proper court

  1. Refuse to transfer the case on the ground that the ends of justice would not be served

  1. b and d
  1. a and c

4. Which of following procedures are not available in small claims court?

  1. Prejudgment attachment

  1. Depositions or other formal pretrial discovery

  1. Claims against third parties

  1. Demurrers

  1. All of the above

5. A request to postpone must be made:

  1. At least 10 days before the hearing

  1. Not more than 15 days before the hearing

  1. By a letter or Judicial Council form

  1. By oral request

  1. b and d

  1. a and c

6. A small claims action may be dismissed by:

  1. The plaintiff before commencement of the action if no defendant’s claim has been filed

  1. Either party at any time, with the consent of all other parties

  1. By the court if neither party appears

  1. By the court if one party does not appear and the other party requests dismissal

  1. Any of the above
 		  
 
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