0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 1568 Section 1568
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(a) The Controller may select one or more custodians for the management and safekeeping of digital financial assets that have escheated to the state. Any entity selected as a custodian shall hold a valid license issued by the Department of Financial Protection and Innovation purs…
Code Civ. Proc. § 1570 Section 1570
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The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property from the holder, does not prevent the money or property from being escheated,…
Code Civ. Proc. § 1571 Section 1571
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(a) The Controller may at reasonable times and upon reasonable notice examine the records of any person if the Controller has reason to believe that the person is a holder who has failed to report property that should have been reported pursuant to this chapter. (b) When requeste…
Code Civ. Proc. § 1572 Section 1572
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(a) The State Controller may bring an action in a court of appropriate jurisdiction, as specified in this section, for any of the following purposes: (1) To enforce the duty of any person under this chapter to permit the examination of the records of such person. (2) For a judici…
Code Civ. Proc. § 1573 Section 1573
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The State Controller may enter into an agreement to provide information needed to enable another state to determine unclaimed property it may be entitled to escheat if such other state or an official thereof agrees to provide this state with information needed to enable this stat…
Code Civ. Proc. § 1574 Section 1574
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At the request of another state, the Attorney General of this state may bring an action in the name of the other state, in any court of appropriate jurisdiction of this state or federal court within this state, to enforce the unclaimed property laws of the other state against a h…
Code Civ. Proc. § 1575 Section 1575
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(a) If the State Controller believes that a person in another state holds property subject to escheat under this chapter and the courts of this state cannot obtain jurisdiction over that person, the Attorney General of this state may request an officer of the other state to bring…
Code Civ. Proc. § 1576 Section 1576
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(a) Any person who willfully fails to render any report or perform other duties, including use of the report format described in Section 1530, required under this chapter shall be punished by a fine of one hundred dollars ($100) for each day such report is withheld or such duty i…
Code Civ. Proc. § 1577 Section 1577
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(a) In addition to any damages, penalties, or fines for which a person may be liable under other provisions of law, any person who fails to report, pay, or deliver unclaimed property within the time prescribed by this chapter, unless that failure is due to reasonable cause, shall…
Code Civ. Proc. § 1577.5 Section 1577.5
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(a) This section shall be known, and may be cited, as the “California Voluntary Compliance Program.” (b) The Controller may establish a program for the voluntary compliance of holders for the purpose of resolving unclaimed property that is due and owing to the state under this ch…
Code Civ. Proc. § 1580 Section 1580
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The State Controller is hereby authorized to make necessary rules and regulations to carry out the provisions of this chapter.
Code Civ. Proc. § 1581 Section 1581
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(a) Any business association that sells in this state its travelers checks, money orders, or other similar written instruments (other than third-party bank checks) on which such business association is directly liable, or that provides such travelers checks, money orders, or simi…
Code Civ. Proc. § 1582 Section 1582
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(a) (1) An agreement to locate, deliver, recover, or assist in the recovery of property reported under Section 1530 is invalid if either of the following apply: (A) The agreement is entered into between the date a report is filed under subdivision (d) of Section 1530 and the date…
Code Civ. Proc. § 646 Section 646
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An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a Court, tribunal, Judge, or other judicial officer, in an action or proceeding. The exception must be taken at the time the decision is made, except as provided in section s…
Code Civ. Proc. § 647 Section 647
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All of the following are deemed excepted to: the verdict of the jury; the final decision in an action or proceeding; an interlocutory order or decision, finally determining the rights of the parties, or some of them; an order or decision from which an appeal may be taken; an orde…
Code Civ. Proc. § 651 Section 651
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(a) On its own motion or on the motion of a party, where the court finds that such a view would be proper and would aid the trier of fact in its determination of the case, the court may order a view of any of the following: (1) The property which is the subject of litigation. (2)…
Code Civ. Proc. § 656 Section 656
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A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.
Code Civ. Proc. § 657 Section 657
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The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rig…
Code Civ. Proc. § 657.1 Section 657.1
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A new trial may also be granted as provided in Section 914 of this code.
Code Civ. Proc. § 658 Section 658
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When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon affidavits; otherwise it must be made on the minutes of the court.
Code Civ. Proc. § 659 Section 659
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(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
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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
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(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
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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
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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
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(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
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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
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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
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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
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(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
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(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
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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
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(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
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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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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(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
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(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
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(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…