0 chapters · 1,833 sections in this title.
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…
Code Civ. Proc. § 485.610 Section 485.610
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(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ of attachment issued under this chapter by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that t…
Code Civ. Proc. § 706.010 Section 706.010
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This chapter shall be known and may be cited as the “Wage Garnishment Law.”
Code Civ. Proc. § 706.011 Section 706.011
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As used in this chapter: (a) “Disposable earnings” means the portion of an individual’s earnings that remains after deducting all amounts required to be withheld by law. (b) “Earnings” means compensation payable by an employer to an employee for personal services performed by suc…
Code Civ. Proc. § 706.020 Section 706.020
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Except for an earning assignment order for support, the earnings of an employee shall not be required to be withheld by an employer for payment of a debt by means of any judicial procedure other than pursuant to this chapter.
Code Civ. Proc. § 706.021 Section 706.021
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Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the judgment debtor’s employer in accordance with this chapter.
Code Civ. Proc. § 706.022 Section 706.022
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(a) A judgment creditor shall not enforce an earnings withholding order beyond the period of enforceability as defined in Section 683.020 or, if renewed, as provided for in subdivision (c) of Section 683.120. As used in this section, “withholding period” means the period which co…
Code Civ. Proc. § 706.023 Section 706.023
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Except as otherwise provided in this chapter: (a) An employer shall comply with the first earnings withholding order served upon the employer. (b) If the employer is served with two or more earnings withholding orders on the same day, the employer shall comply with the order issu…
Code Civ. Proc. § 706.024 Section 706.024
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(a) The amount required to satisfy an earnings withholding order is the total amount required to satisfy the writ of execution on the date the order is issued, with the following additions and subtractions: (1) The addition of the statutory fee for service of the order and any ot…
Code Civ. Proc. § 706.025 Section 706.025
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(a) Except as provided in subdivision (b), the amount required to be withheld pursuant to an earnings withholding order shall be paid monthly to the levying officer not later than the 15th day of each month. The initial monthly payment shall include all amounts required to be wit…
Code Civ. Proc. § 706.026 Section 706.026
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(a) The levying officer shall receive and account for all amounts paid by the employer pursuant to Section 706.025 and shall pay the amounts so received over to the person entitled thereto at least once every 30 days. (b) At least once every two years, the levying officer shall f…
Code Civ. Proc. § 706.027 Section 706.027
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If the judgment pursuant to which the earnings withholding order is issued is satisfied before the order otherwise terminates pursuant to Section 706.022, the judgment creditor shall promptly notify the levying officer who shall promptly terminate the order by serving a notice of…
Code Civ. Proc. § 706.028 Section 706.028
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(a) “Final earnings withholding order for costs and interest” means an earnings withholding order for the collection only of unsatisfied costs and interest, which is issued after an earlier earnings withholding order has been returned satisfied. (b) After the amount stated as owi…
Code Civ. Proc. § 706.029 Section 706.029
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Service of an earnings withholding order creates a lien upon the earnings of the judgment debtor that are required to be withheld pursuant to the order and upon all property of the employer subject to the enforcement of a money judgment in the amount required to be withheld pursu…
Code Civ. Proc. § 706.030 Section 706.030
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(a) A “withholding order for support” is an earnings withholding order issued on a writ of execution to collect delinquent amounts payable under a judgment for the support of a child, or spouse or former spouse, of the judgment debtor. A withholding order for support shall be den…