Multiple Choice
Identify the
letter of the choice that best completes the statement or answers the question.
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1.
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Which of
the following is not a proper method of service of process on a defendant located
within California?
a. | Personal service | b. | Publication | c. | Certified mail, return
receipt requested | d. | Substituted
service |
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2.
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In
California state court, which of the following is false as regards filing a
complaint?
a. | A Civil Case Cover Sheet is always
required. | b. | A Summons is always required. | c. | A Statement of Damages is always required. | d. | A check for appearance fee is always required. | e. | Both C and D. |
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3.
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If a
defendant fails to sign and return the acknowledgment of receipt, which of the following is
true?
a. | The attempt to serve by notice and acknowledgment of receipt
failed. | b. | The defendant could have to pay the plaintiff for costs incurred
in serving by another method. | c. | The plaintiff needs to
serve by a different method. | d. | All of the
above. |
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4.
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Which of
the following statements about a Collections Case is false?
a. | They seek recovery of money in a sum stated to be certain in an
amount no more than $25,000, exclusive of interest and attorneys’
fees. | b. | They cannot seek punitive damages. | c. | The plaintiff must file the proof of service of summons within 90 days of filing the
complaint. | d. | They cannot seek recovery
of real property. |
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5.
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Which of
the following would not have to be established in a state court
complaint?
a. | Standing of the plaintiff. | b. | Capacity of the plaintiff. | c. | Diversity
jurisdiction. | d. | Proper
venue. | e. | Personal jurisdiction over the
defendant. |
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6.
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In
California state court, how many days after the filing of the
complaint must a plaintiff file a Proof of Service of Summons in a
non-Collections Case?
a. | 30 days | b. | 60 days
| c. | 90 days | d. | 180 days
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7.
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A
“Declaration of Diligence” must be attached to a Proof of Service of Summons when service
is by:
a. | Personal service | b. | Substituted service | c. | Notice and
acknowledgment | d. | Publication |
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8.
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If a plaintiff has trouble
locating and serving a defendant, the plaintiff may: a. | Enter a stipulation with opposing counsel to extend the time for
service. | b. | File a Declaration of Diligence with the court within 60 days of
filing the complaint. | c. | File an application for an
extension of time to serve the defendant within 60 days of filing the
complaint. | d. | All of the
above. |
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