FAQs
Code Civ. Proc. § 917.7 establishes an automatic stay of thirty calendar days of any judgment or order by any court, except a juvenile court, allowing or eliminating restrictions against the removal of a child from the state, unless a writ or order by an appellate court provides otherwise.
What is the 701.510 code of civil procedure? ›
701.510. Subject to Sections 687.020 and 701.520, the levying officer shall sell all property that has been levied upon except: (a) Tangible personal property may not be sold until the levying officer obtains custody of the property. (b) Cash may not be sold unless it has a value exceeding its face value.
What is Section 412.20 of the California Code of Civil Procedure? ›
(a) Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the clerk and issued under the seal of the court in which the action is pending, and it shall contain: (1) The title of the court in which the action is pending.
What is Section 726 A of the California Code of Civil Procedure? ›
The California one form of action rule found in the California Code of Civil Procedure Section 726(a) provides that, once the commercial loan is in default, a secured creditor cannot take any action against the borrower to enforce the loan besides proceeding with foreclosure of the deed of trust.
What is Section 1094.5 of the California Code of Civil Procedure? ›
The peremptory writ provisions of California Code of Civil Procedure section 1094.5 govern writs and require the superior court to conduct an independent review of the record. The parties may alsoappeal the decision of the superior court to the court of appeal.
What is Section 318 of the California Code of Civil Procedure? ›
318. No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencement of the action.
What is Section 415.30 of the California Code of Civil Procedure? ›
Section 415.30 provides that this summons is deemed served on the date of execution of an acknowledgment of receipt of summons. This acknowledges receipt on (insert date) of a copy of the summons and of the complaint at (insert address).
What is Section 340.1 of the California Code of Civil Procedure? ›
section 340.1(a) provides that a victim of childhood sexual abuse may bring a claim: (1) any time before his or her 40th birthday or (2) within five years of the date that he or she discovered or reasonably should have discovered that the psychological injuries and/or illness suffered during adulthood were caused by ...
What is Section 1021.5 of the California Code of Civil Procedure? ›
Plaintiffs seek fees under Code of Civil Procedure section 1021.5. Section 1021.5 codifies the private attorney general doctrine, which provides an exception to the "American rule" that each party bears its own attorney fees. (Olson v. Automobile Club of Southern California (2008) 42 Cal.
What is Section 312 of the California Code of Civil Procedure? ›
Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute.
California Code, Evidence Code - EVID § 451
Judicial notice shall be taken of the following: (a) The decisional, constitutional, and public statutory law of this state and of the United States and the provisions of any charter described in Section 3, 4, or 5 of Article XI of the California Constitution.
What is Section 1001 of the California Code of Civil Procedure? ›
Specifically, Section 1001 precludes provisions in a settlement agreement that prevent disclosure of information related to a claim pertaining to sexual assault, harassment or discrimination based on sex, or retaliation for reporting harassment or discrimination based on sex.
What is Section 2033.710 of the California Code of Civil Procedure? ›
The Judicial Council shall develop and approve official form interrogatories and requests for admission of the genuineness of any relevant documents or of the truth of any relevant matters of fact for use in any civil action in a state court based on personal injury, property damage, wrongful death, unlawful detainer, ...
What is Section 872.710 of the California Code of Civil Procedure? ›
(a) At the trial, the court shall determine whether the plaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as to concurrent interests in the property shall be as of right unless barred by a valid waiver.
What is Section 37 of the California Code of Civil Procedure? ›
(a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by the defendant during the commission of a felony offense for which the defendant has been criminally convicted.
What is Section 760.010 of the California Code of Civil Procedure? ›
760.010. As used in this chapter: (a) "Claim" includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. (b) "Property" includes real property, and to the extent applicable, personal property.