Title CCP, California Code Civ. Proc.

(a) Where property is taken under Section 1240.510, the parties shall make an agreement determining the terms and conditions upon which the property is taken and the manner and extent of its use by each of the parties. Except as otherwise provided by statute, if the parties are u…

In addition to the circumstances referred to under Article 4 (commencing with Section 1297.131) and Article 5 (commencing with Section 1297.141) of this chapter, the mandate of an arbitrator terminates upon his or her withdrawal from office for any reason, or by or pursuant to ag…

Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Unless otherwise agreed by the parties: (a) Where the sole or presiding arbitrator is replaced, any hearings previously held shall be repeated. (b) Where an arbitrator other than the sole or presiding arbitrator is replaced, any hearings previously held may be repeated at the dis…

Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effectiv…

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 exceedin…

(a) Except as provided in this section, any of the following property that has been levied upon shall be collected rather than sold: (1) Accounts receivable. (2) Chattel paper. (3) General intangibles. (4) Final money judgments. (5) Instruments that are not customarily transferre…

(a) Notice of sale of personal property shall be in writing, shall state the date, time, and place of sale, and shall describe the property to be sold. (b) Not less than 10 days before a sale of personal property, notice of sale shall be posted and served on the judgment debtor b…

(a) Notice of sale of an interest in real property shall be in writing, shall state the date, time, and place of sale, shall describe the interest to be sold, and shall give a legal description of the real property and its street address or other common designation, if any. If th…

Notice of sale of an interest in real property, other than a leasehold estate with an unexpired term of less than two years at the time of levy, may not be given pursuant to Section 701.540 until the expiration of 120 days after the date notice of levy on the interest in real pro…

A notice of sale shall contain the substance of the following statement: “Prospective bidders should refer to Sections 701.510 to 701.680, inclusive, of the Code of Civil Procedure for provisions governing the terms, conditions, and effect of the sale and the liability of default…

(a) In addition to the notice of sale required by this article, the levying officer shall, at the time notice of sale is posted pursuant to Section 701.530 or 701.540, mail notice of sale to any person who has requested notice of the sale pursuant to this section. (b) A request f…

In addition to the notice of sale required by this article, the judgment creditor may advertise the sale in the classified or other advertising section of a newspaper of general circulation or other publication and may recover reasonable costs of such advertising. The judgment de…

(a) Failure to give notice of sale as required by this article does not invalidate the sale. (b) A levying officer who sells property without giving the required notice is liable to the judgment creditor and the judgment debtor for actual damages caused by failure to give notice.…

(a) A sale of property shall be held at the date, time, and place specified in the notice of sale, which shall be in the county where the property or a part thereof is situated and between the hours of nine in the morning and five in the afternoon. Subject to subdivision (d), rea…

The judgment debtor and judgment creditor together may request in writing that a sale be postponed to an agreed day and hour. The request shall be delivered to the levying officer conducting the sale, and the levying officer shall, by public declaration at the time and place orig…

(a) Except as otherwise provided in this section, the purchaser at a sale shall pay in cash or by certified check or cashier’s check. (b) The judgment creditor may bid by giving the levying officer a written receipt crediting all or part of the amount required to satisfy the judg…

If the highest bidder does not pay the amount bid as prescribed by Section 701.590: (a) The levying officer shall sell the property: (1) If the default occurs at the sale, either to the next highest bidder at the amount of the next highest bid if such bidder agrees or to the high…

The levying officer may not be a purchaser or have an interest in any purchase at a sale. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

(a) Property may not be sold unless the amount bid exceeds the total of the following amounts: (1) The amount of all preferred labor claims that are required by Section 1206 to be satisfied from the proceeds. (2) The amount of any state tax lien (as defined in Section 7162 of the…

If property is sold pursuant to this article, the lien under which it is sold, any liens subordinate thereto, and any state tax lien (as defined in Section 7162 of the Government Code) on the property sold are extinguished. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July …

The purchaser of property at an execution sale acquires any interest of the judgment debtor in the property sold (1) that is held on the effective date of the lien under which the property was sold or (2) that is acquired between such effective date and the date of sale. (Added b…

(a) When the purchaser of personal property pays the amount due: (1) If the property is capable of manual delivery, the levying officer shall deliver the property to the purchaser and, if the purchaser so requests, shall execute and deliver a certificate of sale to the purchaser.…

When the purchaser of an interest in real property pays the amount due to the levying officer, including any amount required to be paid as a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code, the levying officer conducting the sale shall execute …

The certificate of sale or deed of sale shall contain all of the following: (a) The title of the court where the judgment was entered under which the sale was made and the cause and number of the action. (b) The date of entry of the judgment and of any subsequent renewals and whe…

(a) Except as provided in paragraph (1) of subdivision (c), a sale of property pursuant to this article is absolute and shall not be set aside for any reason. (b) If the judgment is reversed, vacated, or otherwise set aside, the judgment debtor may recover from the judgment credi…

Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the use for which the property is sought to be taken is a more necessary public use than the us…

If the defendant objects to a taking under Section 1240.610, the defendant has the burden of proof that his property is appropriated to public use. If it is established that the property is appropriated to public use, the plaintiff has the burden of proof that its use satisfies t…

(a) Where property is sought to be taken under Section 1240.610, the defendant is entitled to continue the public use to which the property is appropriated if the continuance of such use will not unreasonably interfere with or impair, or require a significant alteration of, the m…

(a) Where property has been appropriated to public use by any person other than the state, the use thereof by the state for the same use or any other public use is presumed to be a more necessary use than the use to which such property has already been appropriated. (b) Where pro…

(a) Where property has been appropriated to public use by any person other than a public entity, the use thereof by a public entity for the same use or any other public use is a more necessary use than the use to which such property has already been appropriated. (b) Where proper…

(a) If Golden State Energy commences an eminent domain action to acquire Pacific Gas and Electric Company property, including any franchise rights and stock, pursuant to Section 713 of the Public Utilities Code, that acquisition is for a more necessary public use pursuant to Sect…

Where property has been appropriated to public use by a local public entity, the use thereof by the local public entity is presumed to be a more necessary use than any use to which such property might be put by any other local public entity. The presumption established by this se…

(a) Subject to Section 1240.690, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public use if all of the following are established: (1) The property is owned by a nonprofit organization contributions to w…

(a) Subject to Sections 1240.690 and 1240.700, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public use if the property is appropriated to public use as any of the following: (1) A state, regional, count…

(a) When property described in Section 1240.670 or 1240.680 is sought to be acquired for state highway purposes, and the property was dedicated or devoted to a use described in those sections prior to the initiation of highway route location studies, an action for declaratory rel…

(a) When property described in Section 1240.680 is sought to be acquired for city or county road, street, or highway purposes, and such property was dedicated or devoted to regional park, recreational, or open-space purposes prior to the initiation of road, street, or highway rou…

Except as otherwise provided by statute, the levying officer shall distribute the proceeds of sale or collection in the following order: (a) To persons having preferred labor claims that are required by Section 1206 to be satisfied from the proceeds, in the amounts required by Se…

(a) Promptly after a sale or collection under this title, the levying officer shall distribute the proceeds to the persons entitled thereto or, in cases covered by Section 701.830, deposit the proceeds with the court. (b) Except as otherwise provided by statute, the proceeds shal…

(a) If there are conflicting claims to all or a portion of the proceeds of sale or collection known to the levying officer before the proceeds are distributed, the levying officer may deposit with the court the proceeds that are the subject of the conflicting claims instead of di…

Any person, corporation, copartnership, organization, institution, business, member of profession or calling interested in establishing the existence, substance, genuineness, or authenticity of any memorandum, book, map, chart, manuscript, writing, account, entry, record, print, …

Notice of the filing of the petition and of the time and place of the hearing thereof shall be given to such persons, if any, as the court shall designate by its order. Such order shall specify how such notice shall be given and may be by publication, posting, personal service or…

Upon the hearing the court shall receive such evidence as may be required and if the court is satisfied that the statements contained in the petition are true, it shall make an order reciting the existence, substance, genuineness or authenticity of the destroyed or lost memorandu…

The order of court made upon such hearing shall refer to the memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation or combination thereof which is the subject of said petition and such court order shall be deemed in lieu of the…

The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person. (Amended by Stats. 1955, Ch. 971.)

(a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficial…