TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392. - 404.9.]
Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6.
§§ 392–404.9 · 37 sections
CHAPTER 1. Place of Trial §§ 392–403 · 18 sections
- § 392 (a) Subject to the power of the court to transfer actions and proceedings as provided in this title, the superior court in the county where the real property…
- § 393 Subject to the power of the court to transfer actions and proceedings as provided in this title, the county in which the cause, or some part of the cause,…
- § 394 (a) An action or proceeding against a county, or city and county, a city, or local agency, may be tried in the county, or city and county, or the county in…
- § 395 (a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court…
- § 395.1 Except as otherwise provided in Section 17005 of the Probate Code pertaining to trustees, when a defendant is sued in an official or representative capacity as…
- § 395.2 If an unincorporated association has filed a statement with the Secretary of State pursuant to statute, designating its principal office in this state, the…
- § 395.5 A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the…
- § 396 (a) No appeal or petition filed in the superior court shall be dismissed solely because the appeal or petition was not filed in the proper state court. (b) If…
- § 396a In a case that is subject to Sections 1812.10 and 2984.4 of the Civil Code, or subdivision (b) of Section 395 of the Code of Civil Procedure, or in an action…
- § 396b (a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other…
- § 397 The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court. (b) When…
- § 397.5 In any proceeding under the Family Code where it appears that both petitioner and respondent have moved from the county rendering the order, the court may,…
- § 398 (a) If a court orders the transfer of an action or proceeding for a cause specified in subdivisions (b), (c), and (d) of Section 397, the action or proceeding…
- § 399 (a) If an order is made transferring an action or proceeding under any provision of this title, the clerk shall, after expiration of the time within which a…
- § 400 When an order is made by the superior court granting or denying a motion to change the place of trial, the party aggrieved by the order may, within 20 days…
- § 401 (1) Whenever it is provided by any law of this State that an action or proceeding against the State or a department, institution, board, commission, bureau,…
- § 402 (a) Except as otherwise provided by law: (1) A superior court may specify by local rule the locations where certain types of actions or proceedings are to be…
- § 403 A judge may, on motion, transfer an action or actions from another court to that judge’s court for coordination with an action involving a common question of…
CHAPTER 2. Reclassification of Civil Actions and Proceedings §§ 403.010–403.090 · 9 sections
- § 403.010 Nothing in this chapter expands or limits the law on whether a plaintiff, cross-complainant, or petitioner may file an amended complaint or other amended…
- § 403.020 (a) If a plaintiff, cross-complainant, or petitioner files an amended complaint or other amended initial pleading that changes the jurisdictional…
- § 403.030 If a party in a limited civil case files a cross-complaint that causes the action or proceeding to exceed the maximum amount in controversy for a limited civil…
- § 403.040 (a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial…
- § 403.050 (a) The parties to the action or proceeding may stipulate to reclassification of the case within the time allowed to respond to the initial pleading. (b) If…
- § 403.060 (a) For reclassification of a case from a limited civil case to an unlimited civil case, a fee shall be charged as provided in Section 70619 of the Government…
- § 403.070 (a) An action or proceeding that is reclassified shall be deemed to have been commenced at the time the complaint or petition was initially filed, not at the…
- § 403.080 When an order is made by the superior court granting or denying a motion to reclassify an action or proceeding pursuant to Section 403.040, the party aggrieved…
- § 403.090 The Judicial Council may prescribe rules, not inconsistent with statute, governing the procedure for reclassification of civil actions and proceedings.
CHAPTER 3. Coordination §§ 404–404.9 · 10 sections
- § 404 When civil actions sharing a common question of fact or law are pending in different courts, a petition for coordination may be submitted to the Chairperson of…
- § 404.1 Coordination of civil actions sharing a common question of fact or law is appropriate if one judge hearing all of the actions for all purposes in a selected…
- § 404.2 A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall select the reviewing court having appellate jurisdiction if the…
- § 404.3 A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall order the actions coordinated, report that fact to the…
- § 404.4 The presiding judge of any court in which there is pending an action sharing a common question of fact or law with actions coordinated pursuant to Section 404,…
- § 404.5 Pending any determination of whether coordination is appropriate, the judge making that determination may stay any action being considered for, or affecting an…
- § 404.6 Within 20 days after service upon him or her of a written notice of entry of an order of the court under this chapter, any party may petition the appropriate…
- § 404.7 Notwithstanding any other provision of law, the Judicial Council shall provide by rule the practice and procedure for coordination of civil actions in…
- § 404.8 Expenses of the assigned judge, other necessary judicial officers and employees, and facilities for cases coordinated under Section 404 shall be paid or…
- § 404.9 Any duties of the presiding judge specified in this chapter may be delegated by the presiding judge to another judge of the court.