0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 124 Section 124
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(a) Except as provided in Section 214 of the Family Code or any other law, the sittings of every court shall be public. (b) (1) The court shall not exclude the public from physical access because remote access is available, unless it is necessary to restrict or limit physical acc…
Code Civ. Proc. § 1255.010 Section 1255.010
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(a) At any time before entry of judgment, the plaintiff may deposit with the State Treasury the probable amount of compensation, based on an appraisal, that will be awarded in the proceeding. The appraisal upon which the deposit is based shall be one that satisfies the requiremen…
Code Civ. Proc. § 1255.020 Section 1255.020
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(a) On making a deposit pursuant to Section 1255.010, the plaintiff shall serve a notice of deposit on all parties who have appeared in the proceeding and file with the court a proof of service together with the notice of deposit. The plaintiff shall so serve parties who appear t…
Code Civ. Proc. § 1255.030 Section 1255.030
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(a) At any time after a deposit has been made pursuant to this article, the court shall, upon motion of the plaintiff or of any party having an interest in the property for which the deposit was made, determine or redetermine whether the amount deposited is the probable amount of…
Code Civ. Proc. § 1255.040 Section 1255.040
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(a) If the plaintiff has not made a deposit that satisfies the requirements of this article and the property includes a dwelling containing not more than two residential units and the dwelling or one of its units is occupied as his or her residence by a defendant, the defendant m…
Code Civ. Proc. § 1255.050 Section 1255.050
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If the property to be taken is subject to a leasehold interest and the plaintiff has not made a deposit that satisfies the requirements of this article, the lessor may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in…
Code Civ. Proc. § 1255.060 Section 1255.060
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(a) The amount deposited or withdrawn pursuant to this chapter may not be given in evidence or referred to in the trial of the issue of compensation. (b) In the trial of the issue of compensation, an appraisal report, written statement and summary of an appraisal, or other statem…
Code Civ. Proc. § 1255.070 Section 1255.070
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In lieu of depositing the money with the State Treasury as provided in Section 1255.010, upon written request of the plaintiff, the court shall order the money be deposited in the county treasury. If money is deposited in the State Treasury pursuant to Section 1255.010, it shall …
Code Civ. Proc. § 1255.075 Section 1255.075
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(a) Prior to entry of judgment, a defendant who has an interest in the property for which a deposit has been made under this chapter may, upon notice to the other parties to the proceeding, move the court to have all of such deposit invested for the benefit of the defendants. (b)…
Code Civ. Proc. § 1255.080 Section 1255.080
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By depositing the probable compensation pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
Code Civ. Proc. § 1255.210 Section 1255.210
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Prior to entry of judgment, any defendant may apply to the court for the withdrawal of all or any portion of the amount deposited. The application shall be verified, set forth the applicant’s interest in the property, and request withdrawal of a stated amount. The applicant shall…
Code Civ. Proc. § 1255.220 Section 1255.220
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Subject to the requirements of this article, the court shall order the amount requested in the application, or such portion of that amount as the applicant is entitled to receive, to be paid to the applicant.
Code Civ. Proc. § 1255.230 Section 1255.230
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(a) No withdrawal may be ordered until 20 days after service on the plaintiff of a copy of the application or until the time for all objections has expired, whichever is later. (b) Within the 20-day period, the plaintiff may file objections to withdrawal on any one or more of the…
Code Civ. Proc. § 1255.240 Section 1255.240
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(a) If the court determines that an applicant is entitled to withdraw any portion of a deposit that another party claims or to which another person may be entitled, the court may require the applicant, before withdrawing such portion, to file an undertaking. The undertaking shall…
Code Civ. Proc. § 1255.250 Section 1255.250
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(a) If the amount originally deposited is increased pursuant to Section 1255.030 and the total amount sought to be withdrawn exceeds the amount of the original deposit, the applicant, or each applicant if there are two or more, shall file an undertaking. The undertaking shall be …
Code Civ. Proc. § 1255.260 Section 1255.260
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If any portion of the money deposited pursuant to this chapter is withdrawn, the receipt of any such money shall constitute a waiver by operation of law of all claims and defenses in favor of the persons receiving such payment except a claim for greater compensation.
Code Civ. Proc. § 1255.280 Section 1255.280
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(a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly. (b) The judgment so enter…
Code Civ. Proc. § 1255.410 Section 1255.410
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(a) At the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment, the plaintiff may move the court for an order for possession under this article, demonstrating that the plaintiff is entitled to take the property by eminent domain a…
Code Civ. Proc. § 1255.440 Section 1255.440
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If an order has been made under Section 1255.410 authorizing the plaintiff to take possession of property and the court subsequently determines that the conditions specified in Section 1255.410 for issuance of the order are not satisfied, the court shall vacate the order.
Code Civ. Proc. § 1255.450 Section 1255.450
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(a) As used in this section, “record owner” means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded deeds or other recorded instruments. (b) The plaintiff shall serve a copy of the order for possession issued under Sectio…
Code Civ. Proc. § 1255.460 Section 1255.460
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An order for possession issued pursuant to Section 1255.410 shall: (a) Recite that it has been made under this section. (b) Describe the property to be acquired, which description may be by reference to the complaint. (c) State the date after which plaintiff is authorized to take…
Code Civ. Proc. § 1255.470 Section 1255.470
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By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
Code Civ. Proc. § 1255.480 Section 1255.480
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Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.
Code Civ. Proc. § 128 Section 128
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(a) Every court shall have the power to do all of the following: (1) To preserve and enforce order in its immediate presence. (2) To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority. (3) To…
Code Civ. Proc. § 128.5 Section 128.5
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(a) A trial court may order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This se…
Code Civ. Proc. § 128.7 Section 128.7
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(a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer…
Code Civ. Proc. § 129 Section 129
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(a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of de…
Code Civ. Proc. § 1297.281 Section 1297.281
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The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute.
Code Civ. Proc. § 1297.282 Section 1297.282
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Any designation by the parties of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.
Code Civ. Proc. § 1297.283 Section 1297.283
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Failing any designation of the law under Section 1297.282 by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.
Code Civ. Proc. § 1297.284 Section 1297.284
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The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, if the parties have expressly authorized it to do so.
Code Civ. Proc. § 1297.285 Section 1297.285
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In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
Code Civ. Proc. § 1297.291 Section 1297.291
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Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all of its members. Notwithstanding this section, if authorized by the parties or all the members of the arbitral tr…
Code Civ. Proc. § 1297.301 Section 1297.301
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It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation, or other procedures at any time during the arbitral proceedings to e…
Code Civ. Proc. § 1297.302 Section 1297.302
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If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
Code Civ. Proc. § 1297.303 Section 1297.303
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An arbitral award on agreed terms shall be made in accordance with Article 4 (commencing with Section 1297.311) of this chapter and shall state that it is an arbitral award.
Code Civ. Proc. § 1297.304 Section 1297.304
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An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.
Code Civ. Proc. § 1297.311 Section 1297.311
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An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.
Code Civ. Proc. § 1297.312 Section 1297.312
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For the purposes of Section 1297.311, in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated.
Code Civ. Proc. § 1297.313 Section 1297.313
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The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given, or the award is an arbitral award on agreed terms under Article 3 (commencing with Section 1297.301) of this chapter.
Code Civ. Proc. § 1297.314 Section 1297.314
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The arbitral award shall state its date and the place of arbitration as determined in accordance with Article 3 (commencing with Section 1297.201) of Chapter 5 and the award shall be deemed to have been made at that place.
Code Civ. Proc. § 1297.315 Section 1297.315
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After the arbitral award is made, a signed copy shall be delivered to each party.
Code Civ. Proc. § 1297.316 Section 1297.316
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The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award.
Code Civ. Proc. § 1297.317 Section 1297.317
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Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
Code Civ. Proc. § 1297.318 Section 1297.318
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(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal. (b) In making an order for costs, the arbitral tribunal may include as costs any of the following: (1) The fees and expenses of the arbitrators and expert …
Code Civ. Proc. § 1297.321 Section 1297.321
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The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under Section 1297.322. The award shall be final upon the expiration of the applicable periods in Article 6 (commencing with Section 1297.331) of this chapter.
Code Civ. Proc. § 1297.322 Section 1297.322
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The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where any of the following occurs: (a) The claimant withdraws his or her claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on the …
Code Civ. Proc. § 1297.323 Section 1297.323
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Subject to Article 6 (commencing with Section 1297.331) of this chapter, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings.
Code Civ. Proc. § 1297.331 Section 1297.331
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Within 30 days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties: (a) A party may request the arbitral tribunal to correct in the arbitral award any computation errors, any clerical or typographical errors, or any other errors …
Code Civ. Proc. § 1297.332 Section 1297.332
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If the arbitral tribunal considers any request made under Section 1297.331 to be justified, it shall make the correction or give the interpretation within 30 days after receipt of the request and the interpretation shall form part of the arbitral award.