0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 1297.191 Section 1297.191
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Subject to this title, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
Code Civ. Proc. § 1297.192 Section 1297.192
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Failing any agreement referred to in Section 1297.191, the arbitral tribunal may, subject to this title, conduct the arbitration in the manner it considers appropriate.
Code Civ. Proc. § 1297.193 Section 1297.193
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The power of the arbitral tribunal under Section 1297.192 includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.
Code Civ. Proc. § 1297.201 Section 1297.201
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The parties may agree on the place of arbitration.
Code Civ. Proc. § 1297.202 Section 1297.202
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Failing any agreement referred to in Section 1297.201, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.
Code Civ. Proc. § 1297.203 Section 1297.203
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Notwithstanding Section 1297.201, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of documents, goods, or other prop…
Code Civ. Proc. § 1297.211 Section 1297.211
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Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
Code Civ. Proc. § 1297.221 Section 1297.221
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The parties may agree upon the language or languages to be used in the arbitral proceedings.
Code Civ. Proc. § 1297.222 Section 1297.222
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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.
Code Civ. Proc. § 1297.223 Section 1297.223
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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.
Code Civ. Proc. § 1297.224 Section 1297.224
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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.
Code Civ. Proc. § 1297.231 Section 1297.231
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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…
Code Civ. Proc. § 1297.232 Section 1297.232
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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.
Code Civ. Proc. § 1297.233 Section 1297.233
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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…
Code Civ. Proc. § 1297.241 Section 1297.241
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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.
Code Civ. Proc. § 1297.242 Section 1297.242
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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.
Code Civ. Proc. § 1297.243 Section 1297.243
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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.
Code Civ. Proc. § 1297.244 Section 1297.244
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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…
Code Civ. Proc. § 1297.245 Section 1297.245
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Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera.
Code Civ. Proc. § 1297.251 Section 1297.251
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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.
Code Civ. Proc. § 1297.252 Section 1297.252
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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…
Code Civ. Proc. § 1297.253 Section 1297.253
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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.
Code Civ. Proc. § 1297.261 Section 1297.261
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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 …
Code Civ. Proc. § 1297.262 Section 1297.262
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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…
Code Civ. Proc. § 1297.271 Section 1297.271
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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…
Code Civ. Proc. § 1297.272 Section 1297.272
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Where the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of those arbitration agreements, the superior court may, on application by one party with the consent of all t…
Code Civ. Proc. § 1297.273 Section 1297.273
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Nothing in this article shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any steps that are necessary to effect that consolidation.
Code Civ. Proc. § 1410 Section 1410
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The Attorney General shall, from time to time, commence actions on behalf of the state for the purpose of having it adjudged that title to unclaimed property to which the state has become entitled by escheat has vested in the state, and for the purpose of having it adjudged that …
Code Civ. Proc. § 1415 Section 1415
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Whenever any money or other personal property of a value of one thousand dollars ($1,000) or less has heretofore been, or is hereafter, deposited in the State Treasury and the same is subject to being declared escheated to the state or being declared vested in the state as abando…
Code Civ. Proc. § 1420 Section 1420
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(a) At any time after two years after the death of any decedent who leaves property to which the state is entitled by reason of it having escheated to the state, the Attorney General shall commence a proceeding on behalf of the state in the Superior Court for the County of Sacram…
Code Civ. Proc. § 1421 Section 1421
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Whenever the Attorney General is informed that any estate has escheated or is about to escheat to the state, or that the property involved in any action or special proceeding has escheated or is about to escheat to the state, the Attorney General may commence an action on behalf …
Code Civ. Proc. § 1422 Section 1422
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The court, upon the information being filed, and upon application of the Attorney General, either before or after answer, upon notice to the party claiming the estate, if known, may, upon sufficient cause therefor being shown, appoint a receiver to take charge of such estate, or …
Code Civ. Proc. § 1423 Section 1423
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All persons named in the information may appear and answer, and may traverse or deny the facts stated therein at any time before the time for answering expires, and any other person claiming an interest in such estate may appear and be made a defendant, by motion for that purpose…
Code Civ. Proc. § 1424 Section 1424
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If, in any proceeding had under this title, the judgment or decree distributes or vests unclaimed property or any portion thereof to or in the State of California and the distributing or vesting clause contains words otherwise creating a trust in favor of certain unknown or unide…
Code Civ. Proc. § 1430 Section 1430
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(a) Upon the expiration of five years after the date of entry of judgment in any proceeding pursuant to this chapter, or upon the expiration of five years after completion of notice by publication in an escheat action taken pursuant to Section 1415, the property covered by that p…
Code Civ. Proc. § 1431 Section 1431
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When money in the Unclaimed Property Fund has become permanently escheated to the state, the amount thereof shall, on order of the Controller, be transferred to the General Fund. When property other than money held by the Controller or Treasurer in the name of any account in the …
Code Civ. Proc. § 2019.010 Section 2019.010
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Any party may obtain discovery by one or more of the following methods: (a) Oral and written depositions. (b) Interrogatories to a party. (c) Inspections of documents, things, and places. (d) Physical and mental examinations. (e) Requests for admissions. (f) Simultaneous exchange…
Code Civ. Proc. § 2019.020 Section 2019.020
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(a) Except as otherwise provided by a rule of the Judicial Council, a local court rule, or a local uniform written policy, the methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or another method, shall not o…
Code Civ. Proc. § 2019.030 Section 2019.030
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(a) The court shall restrict the frequency or extent of use of a discovery method provided in Section 2019.010 if it determines either of the following: (1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more conven…
Code Civ. Proc. § 2019.040 Section 2019.040
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(a) When any method of discovery permits the production, inspection, copying, testing, or sampling of documents or tangible things, that method shall also permit the production, inspection, copying, testing, or sampling of electronically stored information. (b) All procedures ava…
Code Civ. Proc. § 2019.210 Section 2019.210
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In any action alleging the misappropriation of a trade secret under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), before commencing discovery relating to the trade secret, the party alleging the misappropriation …
Code Civ. Proc. § 485.010 Section 485.010
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(a) Except as otherwise provided by statute, no right to attach order or writ of attachment may be issued pursuant to this chapter unless it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the order were delayed …
Code Civ. Proc. § 485.210 Section 485.210
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(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought. (b) The application…
Code Civ. Proc. § 485.220 Section 485.220
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(a) The court shall examine the application and supporting affidavit and, except as provided in Section 486.030, shall issue a right to attach order, which shall state the amount to be secured by the attachment, and order a writ of attachment to be issued upon the filing of an un…
Code Civ. Proc. § 485.230 Section 485.230
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Where a right to attach order has been issued by the court, a plaintiff may discover, through any means provided for by, and subject to the protections included in, Title 4 (commencing with Section 2016.010) of Part 4, the identity, location, and value of property in which the de…
Code Civ. Proc. § 485.240 Section 485.240
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(a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order (1) that the right to attach order be set aside, the writ of attachment quashed, and any property levied upon pursuant to the writ be released, or (2) that the a…
Code Civ. Proc. § 485.510 Section 485.510
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At any time after a right to attach order and writ of attachment have been issued under Article 2 (commencing with Section 485.210), the plaintiff may apply for an additional writ of attachment under this article by filing an application with the court in which the action is brou…
Code Civ. Proc. § 485.520 Section 485.520
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The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right to attach order and writ of attachment pursuant to Article 2 (commencing with Section 485.210) in the action. (b) A statement of the amo…
Code Civ. Proc. § 485.530 Section 485.530
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(a) The application shall be supported by an affidavit showing both of the following: (1) The plaintiff would suffer great or irreparable injury (within the meaning of Section 485.010) if the issuance of the writ of attachment were delayed until the matter could be heard on notic…
Code Civ. Proc. § 485.540 Section 485.540
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The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds all of the following: (a) A right to attach order has been issued in the a…