0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 2033.280 Section 2033.280
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If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work p…
Code Civ. Proc. § 2033.290 Section 2033.290
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(a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (1) An answer to a particular request is evasive or incomplete. (2) An obje…
Code Civ. Proc. § 2033.300 Section 2033.300
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(a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties. (b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mista…
Code Civ. Proc. § 2033.410 Section 2033.410
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(a) Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action, unless the court has permitted withdrawal or amendment of that admission under Section 2033.300. (b) Notwithstanding subdivisio…
Code Civ. Proc. § 2033.420 Section 2033.420
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(a) If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the…
Code Civ. Proc. § 3 Section 3
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This set of requests for admission will cause the total number of requests propounded to the party to whom they are directed to exceed the number of requests permitted by Section 2033.030 of the Code of Civil Procedure.
Code Civ. Proc. § 4 Section 4
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I have previously propounded a total of __________ requests for admission to this party.
Code Civ. Proc. § 5 Section 5
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This set of requests for admission contains a total of __________ requests.
Code Civ. Proc. § 6 Section 6
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I am familiar with the issues and the previous discovery conducted by all of the parties in this case.
Code Civ. Proc. § 7 Section 7
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I have personally examined each of the requests in this set of requests for admission.
Code Civ. Proc. § 8 Section 8
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This number of requests for admission is warranted under Section 2033.040 of the Code of Civil Procedure because __________. (Here state the reasons why the complexity or the quantity of issues in the instant lawsuit warrant this number of requests for admission.)
Code Civ. Proc. § 9 Section 9
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None of the requests in this set of requests is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation. I declare under penalty of …
Code Civ. Proc. § 2034.010 Section 2034.010
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This chapter does not apply to exchanges of lists of experts and valuation data in eminent domain proceedings under Chapter 7 (commencing with Section 1258.010) of Title 7 of Part 3.
Code Civ. Proc. § 2034.210 Section 2034.210
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After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other’s expert trial witnesses to the following extent: (a) Any party may demand a mutual and simultaneous …
Code Civ. Proc. § 2034.220 Section 2034.220
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Any party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. A party shall make this demand no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the …
Code Civ. Proc. § 2034.230 Section 2034.230
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(a) A demand for an exchange of information concerning expert trial witnesses shall be in writing and shall identify, below the title of the case, the party making the demand. The demand shall state that it is being made under this chapter. (b) The demand shall specify the date f…
Code Civ. Proc. § 2034.240 Section 2034.240
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The party demanding an exchange of information concerning expert trial witnesses shall serve the demand on all parties who have appeared in the action.
Code Civ. Proc. § 2034.250 Section 2034.250
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(a) A party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may mak…
Code Civ. Proc. § 2034.260 Section 2034.260
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(a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by serving …
Code Civ. Proc. § 2034.270 Section 2034.270
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If a demand for an exchange of information concerning expert trial witnesses includes a demand for production of reports and writings as described in subdivision (c) of Section 2034.210, all parties shall produce and exchange, at the place and on the date specified in the demand,…
Code Civ. Proc. § 2034.280 Section 2034.280
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(a) Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated b…
Code Civ. Proc. § 2034.290 Section 2034.290
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(a) A demand for an exchange of information concerning expert trial witnesses, and any expert witness lists and declarations exchanged shall not be filed with the court. (b) The party demanding the exchange shall retain both the original of the demand, with the original proof of …
Code Civ. Proc. § 2034.300 Section 2034.300
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Except as provided in Section 2034.310 and in Articles 4 (commencing with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the exp…
Code Civ. Proc. § 2034.310 Section 2034.310
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A party may call as a witness at trial an expert not previously designated by that party if either of the following conditions is satisfied: (a) That expert has been designated by another party and has thereafter been deposed under Article 3 (commencing with Section 2034.410). (b…
Code Civ. Proc. § 2034.410 Section 2034.410
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On receipt of an expert witness list from a party, any other party may take the deposition of any person on the list. The procedures for taking oral and written depositions set forth in Chapters 9 (commencing with Section 2025.010), 10 (commencing with Section 2026.010), and 11 (…
Code Civ. Proc. § 2034.415 Section 2034.415
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An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days before his or her deposition, produce any materials or category of materials, including any electronically stored informati…
Code Civ. Proc. § 2034.420 Section 2034.420
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The deposition of any expert described in subdivision (b) of Section 2034.210 shall be taken at a place that is within 75 miles of the courthouse where the action is pending. On motion for a protective order by the party designating an expert witness, and on a showing of exceptio…
Code Civ. Proc. § 2034.430 Section 2034.430
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(a) Except as provided in subdivision (f), this section applies to an expert witness, other than a party or an employee of a party, who is any of the following: (1) An expert described in subdivision (b) of Section 2034.210. (2) A treating physician and surgeon or other treating …
Code Civ. Proc. § 2034.440 Section 2034.440
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The party designating an expert is responsible for any fee charged by the expert for preparing for a deposition and for traveling to the place of the deposition, as well as for any travel expenses of the expert.
Code Civ. Proc. § 2034.450 Section 2034.450
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(a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert’s fee based on the anticipated length of the deposition, or tender that fee at the commencement of the deposition. (b) The expert’s fee…
Code Civ. Proc. § 2034.460 Section 2034.460
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(a) The service of a proper deposition notice accompanied by the tender of the expert witness fee described in Section 2034.430 is effective to require the party employing or retaining the expert to produce the expert for the deposition. (b) If the party noticing the deposition f…
Code Civ. Proc. § 2034.470 Section 2034.470
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(a) If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this mo…
Code Civ. Proc. § 2034.610 Section 2034.610
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(a) On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following: (1) Augment that party’s expert witness list and declaration by adding the name and address of any expert witness whom t…
Code Civ. Proc. § 2034.620 Section 2034.620
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The court shall grant leave to augment or amend an expert witness list or declaration only if all of the following conditions are satisfied: (a) The court has taken into account the extent to which the opposing party has relied on the list of expert witnesses. (b) The court has d…
Code Civ. Proc. § 2034.630 Section 2034.630
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The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to augment or amend expert witness information, unless it finds that the one subject to the sanction a…
Code Civ. Proc. § 2034.710 Section 2034.710
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(a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date. (b) A motion under subdivision (a) shall be made a sufficient time in advance …
Code Civ. Proc. § 2034.720 Section 2034.720
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The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses. (b) The court has det…
Code Civ. Proc. § 2034.730 Section 2034.730
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The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to submit tardy expert witness information, unless it finds that the one subject to the sanction acted…
Code Civ. Proc. § 770.010 Section 770.010
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As used in this article: (a) “Acquired” means received or taken by conveyance, judgment, decree, or otherwise. (b) “Property” means any right, title, or interest in or lien upon real property or part thereof. (c) “Subsequent owner” means the person to whom property is transferred…
Code Civ. Proc. § 770.020 Section 770.020
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If property is acquired or stands of record in the name of a person who heretofore or hereafter transfers the property under a name other than or different from the name in which the property is acquired or stands of record, a proceeding is authorized to adjudicate and determine …
Code Civ. Proc. § 770.030 Section 770.030
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The proceeding shall be brought in the superior court of the county in which the property or any part thereof is situated.
Code Civ. Proc. § 770.040 Section 770.040
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(a) The proceeding may be brought by a subsequent owner of the property by filing a petition with the court. (b) At any time before the date fixed for the hearing of the petition, any person interested in the property may answer the petition and deny any of the matters contained …
Code Civ. Proc. § 770.050 Section 770.050
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(a) The petition shall be verified in the manner provided for verification of a complaint. (b) The petition may be substantially entitled, “In the matter of the determination of the identity of ____” (naming all the persons sought to be identified), and may set forth: (1) A state…
Code Civ. Proc. § 770.060 Section 770.060
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(a) Upon the filing of the petition, the clerk shall set the petition for hearing by the court. (b) The petitioner shall give notice of the hearing by causing notices of the time and place of hearing to be posted at the courthouse of the county where the proceeding is pending and…
Code Civ. Proc. § 770.070 Section 770.070
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(a) At the time fixed for the hearing or such time thereafter as may be fixed by the court, the court shall hear the proofs offered by the petitioner and by any persons answering the petition, and shall make and enter a decree determining the identity of the person or persons set…
Code Civ. Proc. § 770.080 Section 770.080
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(a) After the decree has become final it constitutes prima facie evidence of the matters thereby determined and it is presumed that the identity of the person or persons described in the decree is such as is stated in the decree. (b) A certified copy of the decree shall be record…
Code Civ. Proc. § 771.010 Section 771.010
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If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was not accepted if all of the following conditions are satisfied: (a) The proposal was made by filing a map only. (b) No…
Code Civ. Proc. § 771.020 Section 771.020
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(a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption pursuant to Section 771.010 that the proposed dedication was not accepted. (b) The action shall be pursuant to Chapter 4 …
Code Civ. Proc. § 772.010 Section 772.010
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This article applies only to lands within a city in any county with a population exceeding 4,000,000, or with a population of more than 700,000 and less than 710,000 as determined by the 1960 Federal Decennial Census.
Code Civ. Proc. § 772.020 Section 772.020
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As used in this article: (a) “Surface zone” means the zone which lies above a plane which is 500 feet below the surface of the land. (b) “Subject land” means that area occupied by the particular described surface and surface zone for which plaintiff seeks to terminate the leaseho…