TITLE 10. ACTIONS IN PARTICULAR CASES [725a. - 871.30.]
Title 10 enacted 1872.
§§ 725a–871.30 · 226 sections
CHAPTER 1. Actions for the Foreclosure of Mortgages §§ 725a–730.5 · 17 sections
- § 725a The beneficiary or trustee named in a deed of trust or mortgagee named in a mortgage with power of sale upon real property or any interest therein to secure a…
- § 726 (a) There can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property or an estate for…
- § 726.5 (a) Notwithstanding subdivision (a) of Section 726 or any other provision of law, except subdivision (d) of this section, a secured lender may elect between…
- § 727 If there be surplus money remaining, after payment of the amount due on the mortgage, lien, or incumbrance, with costs, the Court may cause the same to be paid…
- § 728 If the debt for which the mortgage, lien, or incumbrance is held is not all due, so soon as sufficient of the property has been sold to pay the amount due,…
- § 729.010 (a) If the decree of foreclosure of a mortgage or deed of trust on real property pursuant to Section 726 determines that a deficiency judgment may be ordered…
- § 729.020 Property sold subject to the right of redemption may be redeemed only by the judgment debtor or the judgment debtor’s successor in interest. For the purpose of…
- § 729.030 The redemption period during which property may be redeemed from a foreclosure sale under this chapter ends: (a) Three months after the date of sale if the…
- § 729.035 Notwithstanding any provision of law to the contrary, the sale of a separate interest in a common interest development is subject to the right of redemption…
- § 729.040 (a) Notwithstanding Section 701.660, when the purchaser of an interest in real property sold subject to the right of redemption pays the amount due, the…
- § 729.050 If property is sold subject to the right of redemption, promptly after the sale the levying officer or trustee who conducted the sale shall serve notice of the…
- § 729.060 (a) A person who seeks to redeem the property shall deposit the redemption price with the levying officer who conducted the sale before the expiration of the…
- § 729.070 (a) If the purchaser and the person seeking to redeem the property disagree on the redemption price or as to whether the person is entitled to redeem the…
- § 729.080 (a) If the redemption price is not deposited pursuant to Section 729.060 before the expiration of the redemption period, or if no additional deposit is made…
- § 729.090 (a) From the time of the sale until a redemption, the purchaser is entitled to receive from the person in possession the rents and profits from the property or…
- § 730 In all cases of foreclosure of mortgage the attorney’s fee shall be fixed by the court in which the proceedings are had, any stipulation in the mortgage to the…
- § 730.5 Except as otherwise provided by Section 9604 of the Commercial Code, none of the provisions of this chapter or of Section 580a, 580b, 580c, or 580d applies to…
CHAPTER 2. Actions for Nuisance, Waste,and Willful Trespass, in Certain Cases,on Real Property §§ 731–736 · 10 sections
- § 731 An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as defined in Section…
- § 731a Whenever any city, city and county, or county shall have established zones or districts under authority of law wherein certain manufacturing or commercial or…
- § 731b In any action or proceeding to abate the use of an airport or an airpark, proof that the airport or airpark has been in existence for three years constitutes a…
- § 731c Injury to formations bearing oil or gas or to oil or gas wells caused by the subsurface migration of any substance as a result of secondary recovery operations…
- § 731.5 Whenever any person unlawfully closes any public trail, any person who uses such trail or would use such trail, and any association, corporation or other…
- § 732 If a guardian, conservator, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the…
- § 733 Any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on the land of another…
- § 734 Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public…
- § 735 If a person recover damages for a forcible or unlawlful entry in or upon, or detention of any building or any cultivated real property, judgment may be entered…
- § 736 (a) Notwithstanding any other provision of law, a secured lender may bring an action for breach of contract against a borrower for breach of any environmental…
CHAPTER 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property §§ 740–749.5 · 11 sections
- § 740 In an action for the recovery of property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has…
- § 741 (a) As used in this section, “good faith improver” has the meaning given that term by Section 871.1. (b) When damages are claimed for withholding the property…
- § 742 The Court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a Judge thereof may, on motion, upon notice…
- § 743 The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with…
- § 744 A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real…
- § 745 The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property: (a) During the…
- § 746 When real property has been sold pursuant to a levy, the purchaser of the property, or any person who has succeeded to the interest of the purchaser, may…
- § 747 An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after…
- § 748 In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing…
- § 749 (a) In an action for damages by a homeowner or trustor against a beneficiary of a trust deed on real property consisting of a single-family residence…
- § 749.5 (a) In an action for damages by an assignee or a successor in interest against a beneficiary of a trust deed on real property consisting of a single-family…
CHAPTER 3.5. Actions to Re-establish Destroyed Land Records §§ 751.01–751.28 · 28 sections
- § 751.01 This chapter may be cited as the Destroyed Land Records Relief Law.
- § 751.02 Whenever the public records in the office of the county recorder of any county are lost or destroyed in whole or in any material part by flood, fire,…
- § 751.03 Any number of separate parcels of land claimed by the plaintiff may be included in the same action.
- § 751.04 The action shall be commenced by the filing of a verified complaint. The party commencing the action shall be named as plaintiff, and the defendants shall be…
- § 751.05 Upon the filing of the complaint, a summons shall be issued under the seal of the court. The summons shall contain the name of the court and county in which…
- § 751.06 The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which publication…
- § 751.07 If the affidavit provided for in Section 751.09 discloses the name of any person claiming an interest in the property or a lien thereon adverse to the…
- § 751.08 A copy of the summons and a copy of the memorandum shall be posted in a conspicuous place on each separate parcel of the property described in the complaint…
- § 751.09 At the time of filing the complaint the plaintiff shall file with it his affidavit fully and explicitly setting forth and showing: (a) The character of the…
- § 751.10 If the affidavit discloses the name of any person claiming any interest in or lien upon the property adverse to the plaintiff, a copy of the summons and…
- § 751.11 Upon the completion of the publication and posting of the summons and its service or mailing as provided for in Section 751.10, the court has complete…
- § 751.12 At any time within three months after the first publication of the summons, or such further time not exceeding 30 days as the court for good cause may grant,…
- § 751.13 At the time of filing the complaint the plaintiff, and at the time of filing his or her answer every defendant claiming any affirmative relief, shall record in…
- § 751.14 Judgment in any such action shall not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
- § 751.15 The judgment shall determine all estates, rights, titles, interests, and claims in and to such property and every part thereof, whether legal or equitable,…
- § 751.16 A certified copy of the judgment shall be recorded in the office of the recorder of the county in which the action was commenced. Any party or the successor in…
- § 751.17 Except as otherwise provided in this chapter, all rules of law relating to evidence, pleading, practice, new trials, and appeals applicable to other civil…
- § 751.18 At any time after the issuance of summons, any party to the action may take depositions in conformity to law upon notice to the adverse party sought to be…
- § 751.19 The clerk shall number all actions authorized by this chapter consecutively in a distinct series and shall keep an index and register devoted exclusively to…
- § 751.20 Whenever judgment in an action authorized by this chapter has been entered as to any real property, no other action relative to all or any part of the same…
- § 751.21 An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another may maintain as plaintiff, and…
- § 751.22 The remedies provided for by this chapter are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real…
- § 751.23 Where the title to real property may be established or quieted pursuant to this chapter, any person who is or claims to be the owner of such real property or…
- § 751.24 The notice shall be signed by the claimant or by his agent and shall be verified by the oath of the party signing it, to the effect that all of the statements…
- § 751.25 Upon the filing of the notice for recordation the recorder shall record the notice in the same manner as provided in Section 409.
- § 751.26 After three days after the notice has been filed for record, all persons who may begin actions pursuant to this chapter shall be deemed to have notice of the…
- § 751.27 After three days after the filing of the notice for record, any person who begins an action pursuant to this chapter to perfect or establish his title to the…
- § 751.28 An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another, may make, sign, verify, and file…
CHAPTER 3.6. Cullen Earthquake Act §§ 751.50–751.65 · 16 sections
- § 751.50 If the boundaries of land owned either by public or by private entities have been disturbed by earth movements such as, but not limited to, slides, subsidence,…
- § 751.51 (a) An action authorized by this chapter may be commenced by: (1) A county in which lands were affected by a disaster described in Section 751.50 with or…
- § 751.52 An entity which is a permissive plaintiff under this chapter, may bring a separate action with respect to separate portions of the disaster area of sufficient…
- § 751.53 The complaint shall substantially include: (a) A statement of the facts which make the provisions of this chapter applicable. (b) A description of the exterior…
- § 751.54 Summons, publication of notice, posting and related matters and procedures shall be governed by the provisions of Sections 751.05 through 751.10, inclusive, of…
- § 751.55 Upon the completion of the service, publication and posting of the summons, as may be required by this chapter, the court has complete jurisdiction over the…
- § 751.56 (a) An answer to the complaint must be served within 90 days after the first publication of the notice, or such further time not exceeding 30 days, as the…
- § 751.57 A party to an action authorized by this chapter may file a notice of the pendency of the action in the form and at the place and with the effects specified by…
- § 751.58 The vacating of streets, highways or other public ways within or abutting the area affected by the disaster, in whole or in part, by the voluntary action of…
- § 751.59 In an action of the type authorized by this chapter, judgment shall not be given by default, but the court must require proof of the facts alleged in the…
- § 751.60 The judgment shall: (a) Determine the land boundaries of each parcel of land located within the entire area of real property sought to be affected by the…
- § 751.61 In reaching the conclusions called for by Section 751.60, the court shall give effect to the changes in land boundaries caused by the disaster, mitigated,…
- § 751.62 The judgment shall be conclusive with respect to land boundaries upon every entity who at the commencement of the action had or claimed an estate, right, title…
- § 751.63 A certified copy of the judgment shall be recorded, at the expense of the plaintiff or plaintiffs in the action, in the office of the recorder of the county in…
- § 751.64 The remedies provided for by this chapter are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real…
- § 751.65 This chapter may be cited as the Cullen Earthquake Act.
CHAPTER 4. Quiet Title §§ 760.010–765.060 · 36 sections
ARTICLE 1. General Provisions §§ 760.010–760.060 · 6 sections
- § 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”…
- § 760.020 (a) An action may be brought under this chapter to establish title against adverse claims to real or personal property or any interest therein. (b) An action…
- § 760.030 (a) The remedy provided in this chapter is cumulative and not exclusive of any other remedy, form or right of action, or proceeding provided by law for…
- § 760.040 (a) The superior court has jurisdiction of actions under this chapter. (b) The court has complete jurisdiction over the parties to the action and the property…
- § 760.050 Subject to the power of the court to transfer actions, the proper county for the trial of an action under this chapter is: (a) Where the subject of the action…
- § 760.060 The statutes and rules governing practice in civil actions generally apply to actions under this chapter except where they are inconsistent with the provisions…
ARTICLE 2. Commencement of Action §§ 761.010–761.040 · 4 sections
- § 761.010 (a) An action under this chapter is commenced by filing a complaint with the court. (b) Immediately upon commencement of the action, the plaintiff shall file a…
- § 761.020 The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action. In the case of…
- § 761.030 (a) The answer shall be verified and shall set forth: (1) Any claim the defendant has. (2) Any facts tending to controvert such material allegations of the…
- § 761.040 (a) The defendant may by cross-complaint seek affirmative relief in the action. (b) If the defendant seeks a determination of title as of a date other than the…
ARTICLE 3. Defendants §§ 762.010–762.090 · 9 sections
- § 762.010 The plaintiff shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought.
- § 762.020 (a) If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as…
- § 762.030 (a) If a person required to be named as a defendant is dead and the plaintiff knows of a personal representative, the plaintiff shall join the personal…
- § 762.040 The court upon its own motion may, and upon motion of any party shall, make such orders as appear appropriate: (a) For joinder of such additional parties as…
- § 762.050 Any person who has a claim to the property described in the complaint may appear in the proceeding. Whether or not the person is named as a defendant in the…
- § 762.060 (a) In addition to the persons required to be named as defendants in the action, the plaintiff may name as defendants “all persons unknown, claiming any legal…
- § 762.070 A person named and served as an unknown defendant has the same rights as are provided by law in cases of all other defendants named and served, and the action…
- § 762.080 The court upon its own motion may, and upon motion of any party shall, make such orders for appointment of guardians ad litem as appear necessary to protect…
- § 762.090 (a) The state may be joined as a party to an action under this chapter. (b) This section does not constitute a change in, but is declaratory of, existing law.
ARTICLE 4. Service of Process §§ 763.010–763.040 · 4 sections
- § 763.010 (a) The form, content, and manner of the service of summons shall be the same as in civil actions generally. (b) If upon affidavit it appears to the…
- § 763.020 Whenever the court orders service by publication, the order is subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after…
- § 763.030 (a) Whenever the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property in…
- § 763.040 Whenever the court orders service by publication, the court before hearing the case shall require proof that the summons has been served, posted, published as…
ARTICLE 5. Judgment §§ 764.010–764.080 · 7 sections
- § 764.010 The court shall examine into and determine the plaintiff’s title against the claims of all the defendants. The court shall not enter judgment by default but…
- § 764.020 (a) If in an action under this chapter the validity or interpretation of a gift, devise, bequest, or trust, under a will or instrument purporting to be a will,…
- § 764.030 The judgment in the action is binding and conclusive on all of the following persons, regardless of any legal disability: (a) All persons known and unknown who…
- § 764.045 Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the…
- § 764.060 The relief granted in an action or proceeding directly or collaterally attacking the judgment in the action, whether based on lack of actual notice to a party…
- § 764.070 Notwithstanding any other provision of this chapter, the judgment in the action is not binding or conclusive on the following: (a) The state, unless…
- § 764.080 (a) In any action brought to quiet title to land that has been subject to an agreement entered into pursuant to Section 6307 or 6357 of the Public Resources…
ARTICLE 6. Liens and Encumbrances §§ 765.010–765.060 · 6 sections
- § 765.010 (a) For purposes of this section: (1) “Harass” means engage in knowing and willful conduct that serves no legitimate purpose. (2) “Entity” includes both…
- § 765.020 A petition under this article shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the…
- § 765.030 If the court determines that the lien or other encumbrance is in violation of Section 765.010, the court shall issue an order striking and releasing the lien…
- § 765.040 Any lien or encumbrance claimant who records or files, or directs another to record or file, a lawsuit, lien, or other encumbrance in violation of Section…
- § 765.050 This article does not apply to a document which acts as a claim of encumbrance by a financial institution, as defined in subdivision (a) of Section 14161 of…
- § 765.060 If a lien or other encumbrance is recorded or filed against a public officer or employee in violation of Section 765.010, the state or local agency that…
CHAPTER 4.5. Special Actions and Proceedings to Clear Title §§ 770.010–772.060 · 16 sections
ARTICLE 1. Identity of Person in Chain of Title §§ 770.010–770.080 · 8 sections
- § 770.010 As used in this article: (a) “Acquired” means received or taken by conveyance, judgment, decree, or otherwise. (b) “Property” means any right, title, or…
- § 770.020 If property is acquired or stands of record in the name of a person who heretofore or hereafter transfers the property under a name other than or different…
- § 770.030 The proceeding shall be brought in the superior court of the county in which the property or any part thereof is situated.
- § 770.040 (a) The proceeding may be brought by a subsequent owner of the property by filing a petition with the court. (b) At any time before the date fixed for the…
- § 770.050 (a) The petition shall be verified in the manner provided for verification of a complaint. (b) The petition may be substantially entitled, “In the matter of…
- § 770.060 (a) Upon the filing of the petition, the clerk shall set the petition for hearing by the court. (b) The petitioner shall give notice of the hearing by causing…
- § 770.070 (a) At the time fixed for the hearing or such time thereafter as may be fixed by the court, the court shall hear the proofs offered by the petitioner and by…
- § 770.080 (a) After the decree has become final it constitutes prima facie evidence of the matters thereby determined and it is presumed that the identity of the person…
ARTICLE 2. Land Dedicated for Public Improvement §§ 771.010–771.020 · 2 sections
- § 771.010 If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication…
- § 771.020 (a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption…
ARTICLE 3. Right of Entry or Occupation of Surface Lands Under Oil or Gas Lease §§ 772.010–772.060 · 6 sections
- § 772.010 This article applies only to lands within a city in any county with a population exceeding 4,000,000, or with a population of more than 700,000 and less than…
- § 772.020 As used in this article: (a) “Surface zone” means the zone which lies above a plane which is 500 feet below the surface of the land. (b) “Subject land” means…
- § 772.030 (a) If a mining rights lease, including a community lease, exists for the production of oil, gas, or other hydrocarbons, and a right of entry or occupation…
- § 772.040 The court may render a judgment terminating the lessee’s right of entry or occupation of the surface and surface zone, subject to such conditions as the court…
- § 772.050 (a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface and surface…
- § 772.060 It is against public policy for any oil or gas lease, at its inception, to provide for the waiver of any rights created by this article, or for such rights to…
CHAPTER 4.6. Actions Concerning Real Property Titles Affected by Public Improvement Assessments §§ 801.1–801.15 · 15 sections
- § 801.1 An action may be brought to determine adverse interests in, liens or clouds upon title to real property arising out of any public improvement assessment or any…
- § 801.2 The action may be brought as a separate action or joined as a cause with other causes of action to determine adverse claims to and clouds upon title to real…
- § 801.3 The complaint shall include as defendants to the action (a) all persons known to the plaintiff owning or claiming an interest under such public improvement…
- § 801.4 The complaint shall also include, as defendants, unknown persons owning or claiming an interest in such bond, special assessment or certificate of sale and…
- § 801.5 Within ten days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the recorder of the county where the property is…
- § 801.6 Within three years after the filing of the complaint, a summons shall be issued which shall contain the matters required by Section 412.20, designating the…
- § 801.7 Within thirty days after the issuance of the summons, the plaintiff shall post, or cause to be posted, a copy thereof in a conspicuous place on the property.
- § 801.8 All known defendants shall be served in the manner provided by law for the service of a summons in a civil action. All unknown defendants shall be served by…
- § 801.9 In addition to the matters required to be set forth in the affidavit by the plaintiff for publication of summons, it shall appear by the affidavit that the…
- § 801.10 All unknown defendants, including the heirs and devisees designated in the complaint, shall have the same rights as are provided by law for other defendants…
- § 801.11 On the trial of the action, the court shall determine the rights of all the parties thereto and shall require proof of the facts alleged. Any certificate…
- § 801.12 If the court determines that none of the defendants have any right, title, interest, lien or estate in the property, it shall render its final decree quieting…
- § 801.13 If the court orders a sale of the property or a partition thereof, the same shall be made in accordance with the provisions of Title 10.5 (commencing with…
- § 801.14 The decree, after it has become final, is conclusive against all persons named in the complaint who have been served and all unknown persons and the heirs and…
- § 801.15 After the judgment has become final, a certified copy thereof shall be delivered to the public officer having the record of the assessment, bond or certificate…
CHAPTER 5. Actions for the Usurpation of an Office or Franchise §§ 802–811 · 10 sections
- § 802 The writ of sire facies is abolished.
- § 803 An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party,…
- § 804 Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the…
- § 805 In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the…
- § 806 If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking…
- § 807 If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may…
- § 808 When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective…
- § 809 When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or…
- § 810 If the action is brought upon the information or application of a private party, the Attorney General may require that party to enter into an undertaking, with…
- § 811 The action provided for in this chapter may be maintained by the board of supervisors of any county or city and county or the legislative body of any municipal…
CHAPTER 7. Actions Relating to Groundwater Rights §§ 830–852 · 26 sections
ARTICLE 1. General Provisions §§ 830–832 · 4 sections
- § 830 (a) This chapter establishes methods and procedures for a comprehensive adjudication. (b) This chapter shall be applied and interpreted consistently with all…
- § 831 Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code applies to a comprehensive adjudication conducted pursuant to this…
- § 831.5 (a) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74…
- § 832 For purposes of this chapter, the following definitions apply: (a) “Basin” has the same meaning as defined in Section 10721 of the Water Code. (b) “Complaint”…
ARTICLE 2. Scope of Action §§ 833–834 · 2 sections
- § 833 (a) Except as provided in subdivision (b), this chapter applies to actions that would comprehensively determine rights to extract groundwater in a basin,…
- § 834 (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on…
ARTICLE 3. Notice and Service of Complaint §§ 835–836.5 · 3 sections
- § 835 (a) The plaintiff shall provide notice of the comprehensive adjudication to all of the following: (1) A groundwater sustainability agency that overlies the…
- § 836 (a) When the plaintiff files the complaint, the plaintiff shall also lodge with the court both of the following: (1) (A) A draft notice titled “NOTICE OF…
- § 836.5 (a) Within 15 days of the court order approving the notice and form answer under Section 836, the plaintiff shall request from the following entities the names…
ARTICLE 4. Intervention §§ 837–837.5 · 2 sections
- § 837 (a) A groundwater sustainability agency for the basin or a portion of the basin may intervene in a comprehensive adjudication conducted pursuant to this…
- § 837.5 (a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) This section does not affect substantive law.
ARTICLE 5. Judge § 838 · 1 section
- § 838 (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of…
ARTICLE 6. Electronic Service § 839 · 1 section
- § 839 Service of pleadings and papers in a comprehensive adjudication, other than the complaint initiating a comprehensive adjudication, shall occur electronically…
ARTICLE 7. Case Management § 840 · 1 section
- § 840 (a) In managing a comprehensive adjudication, the court shall do both of the following: (1) Convene a case management conference as provided by the California…
ARTICLE 8. Basin Boundaries § 841 · 1 section
- § 841 (a) Except as otherwise provided in this section, the boundaries of the area subject to a comprehensive adjudication shall be consistent with the boundaries of…
ARTICLE 9. Initial Disclosures § 842 · 1 section
- § 842 (a) Except as otherwise stipulated by the parties or ordered by the court, within six months of appearing in a comprehensive adjudication, a party shall serve…
ARTICLE 10. Expert Witnesses § 843 · 1 section
- § 843 (a) In addition to all other disclosures required by this chapter, a party shall disclose to the other parties the identity of any expert witness it may use at…
ARTICLE 11. Written Testimony § 844 · 1 section
- § 844 (a) A court may require the parties in a comprehensive adjudication to submit written testimony of relevant witnesses in the forms of affidavits or…
ARTICLE 12. Special Master §§ 845–846 · 2 sections
- § 845 (a) The court may appoint one or more special masters whose duties may include the following: (1) Investigating technical and legal issues, as directed by the…
- § 846 (a) The special master shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the…
ARTICLE 13. Preliminary Injunction § 847 · 1 section
- § 847 (a) Upon a showing that the basin is in a condition of long-term overdraft, the court may, upon notice and hearing, issue a preliminary injunction. (b)…
ARTICLE 14. Stay § 848 · 1 section
- § 848 (a) Upon the court’s own motion or the motion of any party to a comprehensive adjudication, a court may stay a comprehensive adjudication for a period of up to…
ARTICLE 15. Physical Solution § 849 · 1 section
- § 849 (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent…
ARTICLE 16. Judgment § 850 · 1 section
- § 850 (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria: (1) It is…
ARTICLE 17. Judgment Binding on Successors § 851 · 1 section
- § 851 The judgment in a comprehensive adjudication conducted pursuant to this chapter shall be binding on the parties to the comprehensive adjudication and all their…
ARTICLE 18. Continuing Jurisdiction § 852 · 1 section
- § 852 The court shall have continuing jurisdiction to modify or amend a final judgment in a comprehensive adjudication in response to new information, changed…
CHAPTER 8. Actions Against Coowners of Mines §§ 853–859 · 7 sections
- § 853 Upon the failure of a coowner of a mine or mining claim to contribute his proportionate share of the taxes that have been levied and assessed upon the mine or…
- § 854 The notice shall be served in the manner provided by law for the service of a summons in a civil action, but where service is by publication, the publication…
- § 855 If before the expiration of 90 days from the service the delinquent fails or refuses to contribute his proportionate share of the taxes, the coowner…
- § 856 If the mine or mining claim is situated in more than one county, the petition may be filed in the superior court of either county.
- § 857 The clerk shall set the petition for hearing by the court and give notice of the hearing by causing a notice of the time and place of the hearing to be posted…
- § 858 The court shall hear evidence for or against the petition and may order judgment on the petition vesting the interest of the delinquent in the mine or mining…
- § 859 A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the mine or mining claim is situated.
CHAPTER 9. Validating Proceedings §§ 860–870.5 · 14 sections
- § 860 A public agency may upon the existence of any matter which under any other law is authorized to be determined pursuant to this chapter, and for 60 days…
- § 861 Jurisdiction of all interested parties may be had by publication of summons pursuant to Section 6063 of the Government Code in a newspaper of general…
- § 861.1 The summons shall be directed to “all persons interested in the matter of [specifying the matter],” and shall contain a notice to all persons interested in the…
- § 862 Jurisdiction shall be complete after the date specified in the summons. Any party interested may, not later than the date specified in the summons, appear and…
- § 863 If no proceedings have been brought by the public agency pursuant to this chapter, any interested person may bring an action within the time and in the court…
- § 864 For purposes of this chapter, bonds, warrants, contracts, obligations, and evidences of indebtedness shall be deemed to be in existence upon their…
- § 865 If more than one action is pending concerning similar contests which may be brought under this chapter, they shall be consolidated for trial.
- § 866 The court hearing the action shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.
- § 867 Actions brought pursuant to this chapter shall be given preference over all other civil actions before the court in the matter of setting the same for hearing…
- § 867.5 (a) In the event that an action is brought by a public agency pursuant to this chapter, and that public agency later dismisses the action after any party has…
- § 868 The costs of any proceeding or action pursuant to this chapter may be allowed and apportioned between the parties or taxed to the losing party in the…
- § 869 No contest except by the public agency or its officer or agent of any thing or matter under this chapter shall be made other than within the time and the…
- § 870 (a) The judgment, if no appeal is taken, or if taken and the judgment is affirmed, shall, notwithstanding any other provision of law including, without…
- § 870.5 Any local public agency that pledges sales or retail transaction and use tax revenues received from taxes imposed by another public agency for bond payments or…
CHAPTER 10. Good Faith Improver of Property Owned by Another §§ 871.1–871.7 · 7 sections
- § 871.1 as used in this chapter, “good faith improver” means: (a) A person who makes an improvement to land in good faith and under the erroneous belief, because of a…
- § 871.2 As used in this chapter, “person” includes an unincorporated association.
- § 871.3 (a) An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of whether a…
- § 871.4 The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the…
- § 871.5 When an action or cross-complaint is brought pursuant to Section 871.3, the court may, subject to Section 871.4, effect such an adjustment of the rights,…
- § 871.6 Nothing in this chapter affects the rules of law which determine the relief, if any, to be granted when a person constructs on his own land an improvement…
- § 871.7 (a) This chapter does not apply where the improver is a public entity or where the improvement is made to land owned or possessed by a public entity. As used…
CHAPTER 11. Actions to Recover COVID-19 Rental Debt §§ 871.10–871.12 · 2 sections
CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles §§ 871.20–871.30 · 11 sections
- § 871.20 (a) Notwithstanding any other law, this chapter applies to an action, brought against a manufacturer who has elected under Section 871.29 to proceed under this…
- § 871.21 (a) An action covered by Section 871.20 shall be commenced within one year after the expiration of the applicable express warranty. (b) Notwithstanding…
- § 871.22 For purposes of this chapter, the following definitions apply: (a) “Applicable express warranty” means the written warranty provided by the manufacturer at the…
- § 871.23 For purposes of this chapter, any reference to a manufacturer also applies to a distributor or warrantor.
- § 871.24 (a) At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall…
- § 871.25 A remedy in compliance with this chapter shall not be contingent on the execution of any release other than the following Standardized SBA Release:…
- § 871.26 (a) This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20. (b) Within 60 days after the…
- § 871.27 (a) This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20. (b) The defendant is entitled…
- § 871.28 The duties and obligations imposed by this chapter are cumulative with duties or obligations imposed under any other law and shall not be construed to relieve…
- § 871.29 (a) (1) A manufacturer may elect to be governed by this chapter for all actions described in subdivision (a) of Section 871.20 with respect to all of the…
- § 871.30 (a) Within 30 days of the effective date of the act adding this section, a manufacturer may elect to be governed by this chapter for all actions described in…