0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 659 Section 659
1.3K chars
(a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of their intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the min…
Code Civ. Proc. § 659a Section 659a
0.6K chars
Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in support of the motion. The other parties shall have 10 days after that service within which to serve upon the moving par…
Code Civ. Proc. § 660 Section 660
2.4K chars
(a) On the hearing of the motion, reference may be had in all cases to the pleadings and orders of the court on file, and when the motion is made on the minutes, reference may also be had to any depositions and documentary evidence offered at the trial and to the report of the pr…
Code Civ. Proc. § 661 Section 661
1.0K chars
The motion for a new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county where the trial was had, the same shall be he…
Code Civ. Proc. § 662 Section 662
0.7K chars
In ruling on such motion, in a cause tried without a jury, the court may, on such terms as may be just, change or add to the statement of decision, modify the judgment, in whole or in part, vacate the judgment, in whole or in part, and grant a new trial on all or part of the issu…
Code Civ. Proc. § 662.5 Section 662.5
1.5K chars
(a) In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in its discretion: (1) If the ground for granting a new trial is inadequate damages, issue a conditional order granting the new tri…
Code Civ. Proc. § 663 Section 663
0.4K chars
A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecti…
Code Civ. Proc. § 663.1 Section 663.1
1.1K chars
The court may grant a new trial of any action or proceeding when all of the following conditions exist: (a) Any proposed bill of exceptions or statement of the case on motion for a new trial is lost or destroyed by reason of conflagration or other public calamity. (b) No other re…
Code Civ. Proc. § 663.2 Section 663.2
0.3K chars
Pending the hearing of a motion pursuant to Section 663.1 to grant a new trial, the time within which a bill of exceptions may be prepared, served, or presented for settlement shall be extended and shall not commence to run until the decision upon the motion. The motion must be m…
Code Civ. Proc. § 663a Section 663a
2.8K chars
(a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made, and specifying the part…
Code Civ. Proc. § 830 Section 830
1.7K chars
(a) This chapter establishes methods and procedures for a comprehensive adjudication. (b) This chapter shall be applied and interpreted consistently with all of the following: (1) Protecting water rights consistent with Section 2 of Article X of the California Constitution. (2) C…
Code Civ. Proc. § 831 Section 831
0.2K chars
Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code applies to a comprehensive adjudication conducted pursuant to this chapter.
Code Civ. Proc. § 831.5 Section 831.5
1.2K chars
(a) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), the court shall appoint one party to forward all case managem…
Code Civ. Proc. § 832 Section 832
2.4K chars
For purposes of this chapter, the following definitions apply: (a) “Basin” has the same meaning as defined in Section 10721 of the Water Code. (b) “Complaint” means a complaint filed in superior court to determine rights to extract groundwater and includes any cross-complaint tha…
Code Civ. Proc. § 833 Section 833
2.4K chars
(a) Except as provided in subdivision (b), this chapter applies to actions that would comprehensively determine rights to extract groundwater in a basin, whether based on appropriation, overlying right, or other basis of right. (b) This chapter does not apply to any of the follow…
Code Civ. Proc. § 834 Section 834
0.6K chars
(a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin. (b) The court’s final judgment in a …
Code Civ. Proc. § 835 Section 835
2.2K chars
(a) The plaintiff shall provide notice of the comprehensive adjudication to all of the following: (1) A groundwater sustainability agency that overlies the basin or a portion of the basin. (2) A city, county, or city and county that overlies the basin or a portion of the basin. (…
Code Civ. Proc. § 836 Section 836
9.3K chars
(a) When the plaintiff files the complaint, the plaintiff shall also lodge with the court both of the following: (1) (A) A draft notice titled “NOTICE OF COMMENCEMENT OF GROUNDWATER BASIN ADJUDICATION” in no less than 20-point font and the following text printed immediately below…
Code Civ. Proc. § 836.5 Section 836.5
1.5K chars
(a) Within 15 days of the court order approving the notice and form answer under Section 836, the plaintiff shall request from the following entities the names and addresses of persons reporting extractions within the basin under the Sustainable Groundwater Management Act, or Par…
Code Civ. Proc. § 837 Section 837
0.9K chars
(a) A groundwater sustainability agency for the basin or a portion of the basin may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) A city, county, or city and county that overlies the basin or a portion of the basin may intervene in a comprehens…
Code Civ. Proc. § 837.5 Section 837.5
0.1K chars
(a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) This section does not affect substantive law.
Code Civ. Proc. § 838 Section 838
1.6K chars
(a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceeding…
Code Civ. Proc. § 839 Section 839
0.7K chars
Service of pleadings and papers in a comprehensive adjudication, other than the complaint initiating a comprehensive adjudication, shall occur electronically to the greatest extent possible. The court may provide, or authorize the use of, an electronic service system. If an elect…
Code Civ. Proc. § 840 Section 840
1.8K chars
(a) In managing a comprehensive adjudication, the court shall do both of the following: (1) Convene a case management conference as provided by the California Rules of Court. (2) In an adjudication action for a basin required to have a groundwater sustainability plan under the Su…
Code Civ. Proc. § 841 Section 841
1.4K chars
(a) Except as otherwise provided in this section, the boundaries of the area subject to a comprehensive adjudication shall be consistent with the boundaries of a basin. (b) If the department revises the boundaries of a basin pursuant to Section 10722.2, or subdivision (b) of Sect…
Code Civ. Proc. § 842 Section 842
4.8K chars
(a) Except as otherwise stipulated by the parties or ordered by the court, within six months of appearing in a comprehensive adjudication, a party shall serve on the other parties and the special master, if one is appointed, an initial disclosure that includes all of the followin…
Code Civ. Proc. § 843 Section 843
5.1K chars
(a) In addition to all other disclosures required by this chapter, a party shall disclose to the other parties the identity of any expert witness it may use at trial to present evidence. (b) Unless otherwise stipulated by the parties or ordered by the court, the disclosure made p…
Code Civ. Proc. § 844 Section 844
1.3K chars
(a) A court may require the parties in a comprehensive adjudication to submit written testimony of relevant witnesses in the forms of affidavits or declarations under penalty of perjury in lieu of presenting live testimony. The required written testimony may include, but is not l…
Code Civ. Proc. § 845 Section 845
3.8K chars
(a) The court may appoint one or more special masters whose duties may include the following: (1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846. (2) Conducting joint factfin…
Code Civ. Proc. § 846 Section 846
0.6K chars
(a) The special master shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report. (b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is…
Code Civ. Proc. § 847 Section 847
1.9K chars
(a) Upon a showing that the basin is in a condition of long-term overdraft, the court may, upon notice and hearing, issue a preliminary injunction. (b) Bulletins and other reports of the department, and a report of a special master indicating that a condition of long-term overdra…
Code Civ. Proc. § 848 Section 848
1.3K chars
(a) Upon the court’s own motion or the motion of any party to a comprehensive adjudication, a court may stay a comprehensive adjudication for a period of up to one year, subject to renewal in the court’s discretion upon a showing of good cause, in order to facilitate any of the f…
Code Civ. Proc. § 849 Section 849
0.3K chars
(a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution. (b) Before adopting a physical solution, the court shall con…
Code Civ. Proc. § 850 Section 850
3.7K chars
(a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria: (1) It is consistent with Section 2 of Article X of the California Constitution. (2) It is consistent with the water right priorities of al…
Code Civ. Proc. § 851 Section 851
0.6K chars
The judgment in a comprehensive adjudication conducted pursuant to this chapter shall be binding on the parties to the comprehensive adjudication and all their successors in interest, including, but not limited to, heirs, executors, administrators, assigns, lessees, licensees, th…
Code Civ. Proc. § 852 Section 852
0.4K chars
The court shall have continuing jurisdiction to modify or amend a final judgment in a comprehensive adjudication in response to new information, changed circumstances, the interests of justice, or to ensure that the criteria of subdivision (a) of Section 850 are met. If feasible,…