reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 2034.430 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 3 - Deposition of Expert Witness|Section 2034.430.

2034.430.  (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 health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner, but not including testimony requiring only the reading of words and symbols contained in the relevant medical record or, if those words and symbols are not legible to the deponent, the approximation by the deponent of what those words or symbols are.(3) An architect, professional engineer, or licensed land surveyor who was involved with the original project design or survey for which that person is asked to express an opinion within the person’s expertise and relevant to the action or proceeding.(b) A party desiring to depose an expert witness described in subdivision (a) shall pay the expert’s reasonable and customary hourly or daily fee for any time spent at the deposition from the time noticed in the deposition subpoena, or from the time of the arrival of the expert witness should that time be later than the time noticed in the deposition subpoena, until the time the expert witness is dismissed from the deposition, regardless of whether the expert is actually deposed by any party attending the deposition.(c) If any counsel representing the expert or a nonnoticing party is late to the deposition, the expert’s reasonable and customary hourly or daily fee for the time period determined from the time noticed in the deposition subpoena until the counsel’s late arrival, shall be paid by that tardy counsel.(d) Notwithstanding subdivision (c), the hourly or daily fee charged to the tardy counsel shall not exceed the fee charged to the party who retained the expert, except where the expert donated services to a charitable or other nonprofit organization.(e) A daily fee shall only be charged for a full day of attendance at a deposition or where the expert was required by the deposing party to be available for a full day and the expert necessarily had to forgo all business that the expert would otherwise have conducted that day but for the request that the expert be available all day for the scheduled deposition.(f) In a worker’s compensation case arising under Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section 6100) of the Labor Code, a party desiring to depose any expert on another party’s expert witness list shall pay the fee under this section.(Amended by Stats. 2008, Ch. 303, Sec. 2. Effective January 1, 2009.)
CA Civ Pro Code § 2034.440 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 3 - Deposition of Expert Witness|Section 2034.440.

2034.440.  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.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.450 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 3 - Deposition of Expert Witness|Section 2034.450.

2034.450.  (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 shall be delivered to the attorney for the party designating the expert.(c) If the deposition of the expert takes longer than anticipated, the party giving notice of the deposition shall pay the balance of the expert’s fee within five days of receipt of an itemized statement from the expert.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.460 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 3 - Deposition of Expert Witness|Section 2034.460.

2034.460.  (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 fails to tender the expert’s fee under Section 2034.430, the expert shall not be deposed at that time unless the parties stipulate otherwise.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.470 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 3 - Deposition of Expert Witness|Section 2034.470.

2034.470.  (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 motion shall also be given to the expert.(b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. In any attempt at an informal resolution under Section 2016.040, either the party or the expert shall provide the other with all of the following:(1) Proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation.(2) The total number of times the presently demanded fee has ever been charged and received by that expert.(3) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion.(c) In addition to any other facts or evidence, the expert or the party designating the expert shall provide, and the court’s determination as to the reasonableness of the fee shall be based on, proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation.(d) In an action filed after January 1, 1994, the expert or the party designating the expert shall also provide, and the court’s determination as to the reasonableness of the fee shall also be based on, both of the following:(1) The total number of times the presently demanded fee has ever been charged and received by that expert.(2) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion.(e) The court may also consider the ordinary and customary fees charged by similar experts for similar services within the relevant community and any other factors the court deems necessary or appropriate to make its determination.(f) Upon a determination that the fee demanded by that expert is unreasonable, and based upon the evidence and factors considered, the court shall set the fee of the expert providing testimony.(g) 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 set the expert witness fee, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.610 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 4 - Motion To Augment or Amend Expert Witness List or Declaration|Section 2034.610.

2034.610.  (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 that party has subsequently retained.(2) Amend that party’s expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give.(b) A motion under subdivision (a) shall be made at a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time.(c) The motion shall be accompanied by a meet and confer declaration under Section 2016.040.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.620 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 4 - Motion To Augment or Amend Expert Witness List or Declaration|Section 2034.620.

2034.620.  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 determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits.(c) The court has determined either of the following:(1) The moving party would not in the exercise of reasonable diligence have determined to call that expert witness or have decided to offer the different or additional testimony of that expert witness.(2) The moving party failed to determine to call that expert witness, or to offer the different or additional testimony of that expert witness as a result of mistake, inadvertence, surprise, or excusable neglect, and the moving party has done both of the following:(A) Sought leave to augment or amend promptly after deciding to call the expert witness or to offer the different or additional testimony.(B) Promptly thereafter served a copy of the proposed expert witness information concerning the expert or the testimony described in Section 2034.260 on all other parties who have appeared in the action.(d) Leave to augment or amend is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.630 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 4 - Motion To Augment or Amend Expert Witness List or Declaration|Section 2034.630.

2034.630.  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 acted with substantial justification or that other circumstances make the imposition of the sanction unjust.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.710 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 5 - Motion To Submit Tardy Expert Witness Information|Section 2034.710.

2034.710.  (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 of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time.(c) The motion shall be accompanied by a meet and confer declaration under Section 2016.040.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.720 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 5 - Motion To Submit Tardy Expert Witness Information|Section 2034.720.

2034.720.  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 determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits.(c) The court has determined that the moving party did all of the following:(1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect.(2) Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect.(3) Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action.(d) The order is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 2034.730 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 4 - MISCELLANEOUS PROVISIONS|TITLE 4 - CIVIL DISCOVERY ACT|CHAPTER 18 - Simultaneous Exchange of Expert Witness Information|ARTICLE 5 - Motion To Submit Tardy Expert Witness Information|Section 2034.730.

2034.730.  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 with substantial justification or that other circumstances make the imposition of the sanction unjust.(Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Corp Code § 12480 (2021)
2021 California Code|Corporations Code - CORP|TITLE 1 - CORPORATIONS|DIVISION 3 - CORPORATIONS FOR SPECIFIC PURPOSES|PART 2 - COOPERATIVE CORPORATIONS|CHAPTER 6 - Voting of Memberships|Section 12480.

12480.  Except as provided in Sections 12314 and 12484, each member entitled to vote shall be entitled to one vote on each matter submitted to a vote of the members. Single memberships in which two or more persons have an indivisible interest shall be voted as provided in Section 12482.(Added by Stats. 1982, Ch. 1625, Sec. 3. Operative January 1, 1984.)
CA Corp Code § 12481 (2021)
2021 California Code|Corporations Code - CORP|TITLE 1 - CORPORATIONS|DIVISION 3 - CORPORATIONS FOR SPECIFIC PURPOSES|PART 2 - COOPERATIVE CORPORATIONS|CHAPTER 6 - Voting of Memberships|Section 12481.

12481.  (a) The bylaws may provide or, in the absence of such provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to notice of any meeting of members. Such record date shall not be more than 60 nor less than 10 days before the date of the meeting. If no record date is fixed, members at the close of business on the business day preceding the day on which notice is given or, if notice is waived, at the close of business on the business day preceding the day on which the meeting is held are entitled to notice of a meeting of members. A determination of members entitled to notice of a meeting of members shall apply to any adjournment of the meeting unless the board fixes a new record date for the adjourned meeting.(b) The bylaws may provide or, in the absence of such provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to vote at a meeting of members. Such record date shall not be more than 60 days before the date of the meeting. Such record date shall also apply in the case of an ajournment of the meeting unless the board fixes a new record date for the adjourned meeting. If no record date is fixed, members on the day of the meeting who are otherwise eligible to vote are entitled to vote at the meeting of members or, in the case of an adjourned meeting, members on the day of the adjourned meeting who are otherwise eligible to vote are entitled to vote at the adjourned meeting of members.(c) The bylaws may provide or, in the absence of such provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to cast written ballots (Section 12463). Such record date shall not be more than 60 days before the day on which the first written ballot is mailed or solicited. If no record date is fixed, members on the day the first written ballot is mailed or solicited who are otherwise eligible to vote are entitled to cast written ballots.(d) The bylaws may provide or, in the absence of such provision, the board may fix, in advance, a date as the record date for the purpose of determining the members entitled to exercise any rights in respect of any other lawful action. Such record date shall not be more than 60 days prior to such other action. If no record date is fixed, members at the close of business on the day on which the board adopts the resolution relating thereto, or the 60th day prior to the date of such other action, whichever is later, are entitled to exercise such rights.(Added by Stats. 1982, Ch. 1625, Sec. 3. Operative January 1, 1984.)
CA Corp Code § 12482 (2021)
2021 California Code|Corporations Code - CORP|TITLE 1 - CORPORATIONS|DIVISION 3 - CORPORATIONS FOR SPECIFIC PURPOSES|PART 2 - COOPERATIVE CORPORATIONS|CHAPTER 6 - Voting of Memberships|Section 12482.

12482.  Unless otherwise provided in the articles or bylaws, if a membership stands of record in the names of two or more persons, whether fiduciaries, members of a partnership, joint tenants, tenants in common, spouses as community property, tenants by the entirety, persons entitled to vote under a voting agreement or otherwise, or if two or more persons have the same fiduciary relationship respecting the same membership, unless the secretary of the corporation is given written notice to the contrary and is furnished with a copy of the instrument or order appointing them or creating the relationship wherein it is so provided, their acts with respect to voting shall have the following effect:(a) If only one vote, such act binds all; or(b) If more than one vote, the act of the majority so voting binds all.(Amended by Stats. 2016, Ch. 50, Sec. 24. (SB 1005) Effective January 1, 2017.)
CA Corp Code § 12483 (2021)
2021 California Code|Corporations Code - CORP|TITLE 1 - CORPORATIONS|DIVISION 3 - CORPORATIONS FOR SPECIFIC PURPOSES|PART 2 - COOPERATIVE CORPORATIONS|CHAPTER 6 - Voting of Memberships|Section 12483.

12483.  (a) In advance of any meeting of members the board may appoint inspectors of election to act at the meeting and any adjournment thereof. If inspectors of election are not so appointed, or if any persons so appointed fail to appear or refuse to act, the chairman of any meeting of members may, and on the request of any member shall, appoint inspectors of election (or persons to replace those who so fail or refuse) at the meeting. The number of inspectors shall be either one or three. If appointed at a meeting on the request of one or more members, the majority of members represented in person shall determine whether one or three inspectors are to be appointed.(b) The inspectors of election shall determine the number of memberships outstanding and the voting power of each, the number represented at the meeting, the existence of a quorum, receive votes, ballots or consents, hear and determine all challenges and questions in any way arising in connection with the right to vote, count and tabulate all votes or consents, determine when the polls shall close, determine the result and do such acts as may be proper to conduct the election or vote with fairness to all members.(c) The inspectors of election shall perform their duties impartially, in good faith, to the best of their ability and as expeditiously as is practical. If there are three inspectors of election, the decision, act or certificate of a majority is effective in all respects as the decision, act or certificate of all. Any report or certificate made by the inspectors of election is prima facie evidence of the facts stated therein.(Added by Stats. 1982, Ch. 1625, Sec. 3. Operative January 1, 1984.)