Title CCP, California Code Civ. Proc.

Grounds for objection to the right to take, regardless of whether the plaintiff has adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4, include: (a) The plaintiff is not authorized by statute to exercise …

In addition to the grounds listed in Section 1250.360, grounds for objection to the right to take where the plaintiff has not adopted a resolution of necessity that conclusively establishes the matters referred to in Section 1240.030 include: (a) The plaintiff is a public entity …

The parties may agree upon the language or languages to be used in the arbitral proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Failing any agreement referred to in Section 1297.221, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing, and any arbitral award, decision, or other communication by the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter except for the state’s administrative hearings provided by Article 4 (commencing with Section 706.070). (Added by Stats. 1982, Ch.…

(a) An earnings withholding order shall be served by the levying officer upon the employer by delivery of the order to any of the following: (1) The managing agent or person in charge, at the time of service, of the branch or office where the employee works or the office from whi…

(a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may apply for the issuance of an ear…

(a) The levying officer shall serve upon the designated employer all of the following: (1) The original and one copy of the earnings withholding order. (2) The form for the employer’s return. (3) The notice to the employee of the earnings withholding order. (4) A copy of the form…

Any employer who is served with an earnings withholding order shall: (a) Deliver to the judgment debtor a copy of the earnings withholding order, the notice to employee of earnings withholding, a copy of the form that the judgment debtor may use to make a claim of exemption, and …

(a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances: (1) No prior hearing has been held with respect to the earnings withholding order. (2) There has been a material change in circumstances since the time of the last prio…

No findings are required in court proceedings under this chapter. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

(a) If a writ of execution has been issued to the county where the judgment debtor’s employer is to be served and the time specified in subdivision (b) of Section 699.530 for levy on property under the writ has not expired, a judgment creditor may deliver an application for issua…

An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion. (Added by Stats. 1984, Ch. 1671, Sec. 20.)

(a) At least 20 days prior to the date of the trial on issues relating to compensation, the plaintiff shall file with the court and serve on the defendant its final offer of compensation in the proceeding and the defendant shall file and serve on the plaintiff its final demand fo…

The parties may by agreement refer a dispute that is the subject of an eminent domain proceeding for resolution by any of the following means: (a) Mediation by a neutral mediator. (b) Binding arbitration by a neutral arbitrator. The arbitration is subject to Chapter 12 (commencin…

Notwithstanding any other statute or rule of court governing the date of trial of an eminent domain proceeding, on motion of a party the court may postpone the date of trial for a period that appears adequate to enable resolution of a dispute pursuant to alternative resolution pr…

Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim, the points at issue, and the relief or remedy sought, and the respondent shall state his or her defense in respect of these…

The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in makin…

Except as provided in Section 706.081, the Judicial Council shall prescribe the form of the applications, notices, claims of exemption, orders, and other documents required by this chapter as provided in Section 681.030, and only such forms may be used to implement this chapter. …

The “application for issuance of earnings withholding order” shall be executed under oath and shall include all of the following: (a) The name, the last known address, and, if known, the social security number of the judgment debtor. (b) The name and address of the judgment credi…

The “notice to employee of earnings withholding order” shall contain a statement that informs the employee in simple terms of the nature of a wage garnishment, the right to an exemption, the procedure for claiming an exemption, and any other information the Judicial Council deter…

The “judgment debtor’s claim of exemption” shall be executed under oath. The claim of exemption shall indicate how much the judgment debtor believes should be withheld from the judgment debtor’s earnings each pay period by the employer pursuant to the earnings withholding order a…

The “judgment debtor’s financial statement” shall be executed as provided in Section 703.530 and contain all of the information required by that section and the following additional information: (a) Whether any earnings withholding orders are in effect with respect to the earning…

The “earnings withholding order” shall include all of the following: (a) The name, address, and, if known, the social security number of the judgment debtor. (b) The name and address of the employer to whom the order is directed. (c) The court where the judgment was entered, the …

(a) The “employer’s return” shall be executed under oath. The form for the return provided to the employer shall state all of the following information: (1) The name and address of the levying officer to whom the form is to be returned. (2) A direction that the form be mailed to …

(a) The Judicial Council shall prepare “employer’s instructions” for employers and revise or supplement these instructions to reflect changes in the law or rules regulating the withholding of earnings. (b) Except to the extent that they are included in the forms required to be pr…

The “judgment creditor’s notice of opposition to the claim of exemption” shall be executed under oath and shall include all of the following: (a) The name, last known address, and, if known, the social security number of the judgment debtor. (b) The name and address of the judgme…

The levying officer shall have copies of the forms for the “judgment debtor’s claim of exemption” and “judgment debtor’s financial statement” available at the levying officer’s office for distribution without charge to a person who desires to make a claim of exemption under Secti…

Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. (Added by Stats. 1988, Ch. …

Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate state of the proceedings, if so requested by a party. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of documents, goods, or other property. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be…

Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

The Judicial Council may perform all acts required by the Administrator of the Wage and Hour Division of the United States Department of Labor as conditions to exemption of this state from the earnings garnishment provisions of the Consumer Credit Protection Act of 1968 (15 U.S.C…

If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to pay such withheld earnings over to the levying officer, the employer is guilty of a misdemeanor. (Added by Stats. 1982, Ch. 136…

(a) No employer shall defer or accelerate any payment of earnings to an employee with the intent to defeat or diminish the judgment creditor’s rights under an earnings withholding order issued pursuant to the procedures provided by this chapter. (b) If an employer violates this s…

(a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment creditor may bring a civil action against the employer to recover such amount. The remedy provided by this subdivision is not ex…

Unless otherwise agreed by the parties, where, without showing sufficient cause, the claimant fails to communicate his or her statement of claim in accordance with Sections 1297.231 and 1297.232, the arbitral tribunal shall terminate the proceedings. (Added by Stats. 1988, Ch. 23…

Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate his or her statement of defense in accordance with Sections 1297.231 and 1297.232, the arbitral tribunal shall continue the proceedings without treating that failu…

Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue with the proceedings and make the arbitral award on the evidence before it. (Added by…

Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, and require a party to give the expert any relevant information or to produce, or to provide access to, any …

Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his or her written or oral report, participate in an oral hearing where the parties have the opportunity to question the expert a…

The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the superior court assistance in taking evidence and the court may execute the request within its competence and according to its rules on taking evidence. In addition, a subpoena may i…