Litigation By The Numbers® - Fourth Edition and California Civil Litigation and Discovery Selected Excerpts*     Please start by taking a look at the Table of Contents of Litigation By The Numbers® - Fourth Edition ("LBTN").  By seeing how the book is organized and the chapters broken down, you can get an idea of the "task-oriented" nature of the book as well as its step-by-step approach.   Next, take a look at the Table of Contents of California Civil Litigation and Discovery (the "Substantive Companion").  Note that the focus is more substantive as opposed to procedural, and it covers topics not addressed in LBTN, e.g., jurisdiction, elements of causes of action, discovery plans, deposition summaries, trial, appeal.    Next, we'll go through the first five of the nine chapters of LBTN, and view excerpts from each.  Where applicable, we'll point out additional information that may be found in the Substantive Companion, and provide additional selected excerpts.     LBTN Chapter 1 - "Appearance By Plaintiff"   This Chapter covers: Preparing the complaint (required spacing, form of paragraphs, identifying causes of action, footers, and more).  Preparing the accompanying documents (Summons, Civil Case Cover Sheet, Civil Case Cover Sheet Addendum (local rule). Preparing the package for filing with the court (preparing sufficient copies, 2-hole punching) Delivering the package to the court by attorney service or mail. Serving the summons and complaint on the defendant (by personal service, substituted service, notice and acknowledgment of receipt, publication, and certified mail (outside California)). Determining the effective date of service of the summons and complaint. Properly completing and filing the mandatory Proof of Service of Summons form in accordance with the applicable method of service, and the deadline for doing so. Calendaring the date the defendant's response is due (which depends upon the effective date of service of the complaint).  View LBTN Chapter 1 excerpt What the Substantive Companion adds on this subject:  For detailed information about preliminaries prior to actually typing the complaint, e.g., deciding who to sue, where to bring the action, identifying causes of action, drafting causes of action, see the Substantive Companion, "California Civil Litigation and Discovery," Chapters 5 and 7.   View related excerpts from the Substantive Companion.   LBTN Chapter 2 - "Filing and Service"    This Chapter covers: Filing and serving documents throughout the case by the allowable methods:  by hand delivery, by mail, by fax, and electronically.  It sets forth the extensions of time associated with all methods other than hand delivery.  It alerts the reader to the fact that circumstances might not allow the use of a particular method at any given time (either because the method has not been agreed upon by the parties, as is the case with fax and electronic service), or because the applicable extension of time interferes with a deadline.  Finally, it contains the new 10-page step-by-step calendaring section.    View LBTN Chapter 2 excerpt.   View LBTN excerpt "Calendaring in California State Court."   This topic is not discussed in the Substantive Companion.   LBTN Chapter 3 - "Default By Defendant"    This Chapter deals with the steps which must be taken by the plaintiff in the event that the defendant does not respond to the complaint within the required 30 days from service.  It includes: Preparation of the mandatory Judicial Council form Request to Enter Default, which cuts off the defendant's ability to file a late response, and the deadline by which the plaintiff must do so or face sanctions. The deadline by which the plaintiff must obtain default judgment or face sanctions.  An explanation of when default judgment may be granted by the clerk and when it may only be granted by the court, and the procedures for each. Preparation of the optional Judicial Council form Judgment.          View LBTN Chapter 3 excerpt.   This topic is addressed in the Substantive Companion; additional information includes the maximum amount that can be sought, and the grounds for setting aside a default judgment.   LBTN Chapter 4 - "Appearance By Defendant"   This Chapter covers the various ways in which a defendant might respond to the complaint, e.g., Answer, General Denial, demurrer, and motion to strike (dealt with in the Motions Chapter).  It also explains cross-complaints, particularly the difference between the procedures when the cross-complaint names the plaintiff or other party as opposed to a  new party, the latter requiring the issuance of a Summons on Cross-Complaint and personal service on the cross-defendant.  Viiew LBTN Chapter 4 excerpt.  The Substantive Companion adds a great deal on this subject, including a much more in depth discussion of the various motions one might file to attack the assertion of jurisdiction over the defendant (by way of motion to quash) or to attack the complaint (by way of demurrer or motion to strike).   View related excerpts from "Attacking the Complaint," in the Substantive Companion.   LBTN Chapter 5 - "Discovery"   This chapter of LBTN currently consists of 86 pages.  It covers the procedural aspects of depositions, interrogatories, requests for admission, inspection demands, and exchanges of expert witness information.  There are more than 35 pages devoted to the different kinds of depositions, e.g., depositions of parties with or without document demands, depositions of non-parties with or without document demands seeking production of "personal records" of a "consumer."  Each type of deposition of a non-party witness requires the use of one or more specific mandatory Judicial Council forms, and compliance with statutory notice periods.  The procedure for seeking production of "personal records" of a "consumer" is one of the most exacting of the California civil litigation procedures.    The California Code of Civil Procedure contains a "Discovery Act," which dictates the scope of discovery, when discovery may be commenced by each party, when it must be completed by each party, the number of discovery requests of a particular kind that may be propounded as a matter of right, the procedure for propounding more, the format of the requests and the format of the responses, the due date for responses, the deadlines and procedures for moving to compel further responses . . ..  This type of information is contained in LBTN, along with examples. View LBTN Chapter 5 excerpt. California Civil Litigation and Discovery includes 62 pages on discovery, very little of which repeats LBTN.  It discusses the scope of discovery, abuses of discovery, preparation of discovery plans, the pros and cons of the various discovery methods, and contains helpful hints on drafting, objecting, and responding to discovery, including claims of privilege.  It has a section on summarizing depositions, and it discusses independent medical examinations, a topic not addressed at all in LBTN.  View related excerpts from the Substantive Companion.     *Some of the excerpts themselves may not be from the most current version of the book.  DISCLAIMER.*