ARTICLE 3. Legal Validation Proceedings
Article 3 enacted by Stats. 1976, Ch. 1010.
§§ 21180–21203 · 24 sections
- § 21180 The trustee or trustees of any trust or trusts created for the founding, endowment, and maintenance of a university, college, school, seminary of learning,…
- § 21181 The special proceeding may also be commenced to determine all questions of law and fact affecting the due and voluntary execution and delivery, and the…
- § 21182 The special proceeding may also be commenced to determine all questions bearing upon the passing to the trustee or trustees of the legal title to the…
- § 21183 The special proceeding may also be commenced to determine all questions of law and fact affecting the due and voluntary execution and delivery, and the…
- § 21184 The trustee or trustees of any trust created pursuant to Article 1 (commencing with Section 21100) and Article 2 (commencing with Section 21140) of this…
- § 21185 The petition shall contain copies of all grants, amendments, attempted amendments, supplemental grants, instruments of gift, confirmatory conveyances, and…
- § 21186 The petition shall allege in general terms the due and voluntary execution and delivery, and the validity, of any and all instruments, copies of which are set…
- § 21187 The petition shall allege in general terms the estate or interest which the trustee or trustees have or claim in or to the property described.
- § 21188 The petition shall pray, in effect, that the court: (a) Examine and determine all questions of law and fact affecting the due and voluntary execution and…
- § 21189 The court or judge shall fix the time for hearing the petition, and shall order the clerk of the court to post in at least three public places in the county a…
- § 21190 If the court or judge finds upon the hearing that due and proper notice has not been given as provided in Section 21189, it shall reset the hearing and cause…
- § 21191 The notice and petition shall be entitled substantially in the following form: In the Superior Court of the ____ County of ____, State of California. In the…
- § 21192 The notice shall state the time and place fixed for the hearing of the petition and shall be addressed to the founder or founders, if living, and to the spouse…
- § 21193 Any person required to be served, or any other person interested may waive notice by written waiver filed with the clerk of the court.
- § 21194 Any person interested in the determination of any of the questions presented by the petition may demur to or answer the petition and may set up any new matter…
- § 21195 Any allegation of the petition or answer may be made upon information and belief.
- § 21196 The provisions of the Code of Civil Procedure respecting the demurrer and the answer to a verified complaint, shall be applicable to a demurrer or answer to…
- § 21197 The persons demurring to or answering the petition shall be the defendants to the special proceeding and the petitioners shall be the plaintiffs.
- § 21198 Every material statement of the petition not specifically controverted by the answer shall, for the purposes of the special proceeding, be taken as true, and…
- § 21199 The rules of pleading and practice provided for by the Code of Civil Procedure, which are not inconsistent with this article, are applicable to the special…
- § 21200 Upon the hearing of the special proceeding, the court shall examine into and determine all questions of law and fact within the scope of the proceeding herein…
- § 21201 The costs of the special proceeding may be allowed and apportioned between all parties, in the discretion of the court.
- § 21202 A certified copy of the judgment of the court in the special proceeding shall be recorded in the office of the recorder of the county in which the action is…
- § 21203 The judgment of the court in the special proceeding is determinative of the terms and trusts upon which any property thereafter given for the benefit of the…