reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 580a (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 580a.

580a.  Whenever a money judgment is sought for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, the plaintiff shall set forth in his or her complaint the entire amount of the indebtedness which was secured by the deed of trust or mortgage at the time of sale, the amount for which the real property or interest therein was sold and the fair market value thereof at the date of sale and the date of that sale. Upon the application of either party made at least 10 days before the time of trial the court shall, and upon its own motion the court at any time may, appoint one of the probate referees provided for by law to appraise the property or the interest therein sold as of the time of sale. The referee shall file his or her appraisal with the clerk and that appraisal shall be admissible in evidence. The referee shall take and subscribe an oath to be attached to the appraisal that he or she has truly, honestly and impartially appraised the property to the best of his or her knowledge and ability. Any referee so appointed may be called and examined as a witness by any party or by the court itself. The court must fix the compensation of the referee in an amount as determined by the court to be reasonable, but those fees shall not exceed similar fees for similar services in the community where the services are rendered, which may be taxed and allowed in like manner as other costs. Before rendering any judgment the court shall find the fair market value of the real property, or interest therein sold, at the time of sale. The court may render judgment for not more than the amount by which the entire amount of the indebtedness due at the time of sale exceeded the fair market value of the real property or interest therein sold at the time of sale with interest thereon from the date of the sale; provided, however, that in no event shall the amount of the judgment, exclusive of interest after the date of sale, exceed the difference between the amount for which the property was sold and the entire amount of the indebtedness secured by the deed of trust or mortgage. Any such action must be brought within three months of the time of sale under the deed of trust or mortgage. No judgment shall be rendered in any such action until the real property or interest therein has first been sold pursuant to the terms of the deed of trust or mortgage, unless the real property or interest therein has become valueless.(Amended by Stats. 1988, Ch. 1199, Sec. 6. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
CA Civ Pro Code § 580b (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 580b.

580b.  (a) Except as provided in subdivision (c), no deficiency shall be owed or collected, and no deficiency judgment shall lie, for any of the following:(1) After a sale of real property or an estate for years therein for failure of the purchaser to complete his or her contract of sale.(2) Under a deed of trust or mortgage given to the vendor to secure payment of the balance of the purchase price of that real property or estate for years therein.(3) Under a deed of trust or mortgage on a dwelling for not more than four families given to a lender to secure repayment of a loan that was used to pay all or part of the purchase price of that dwelling, occupied entirely or in part by the purchaser. For purposes of subdivision (b), a loan described in this paragraph is a “purchase money loan.”(b) No deficiency shall be owed or collected, and no deficiency judgment shall lie, on a loan, refinance, or other credit transaction (collectively, a “credit transaction”) that is used to refinance a purchase money loan, or subsequent refinances of a purchase money loan, except to the extent that in a credit transaction the lender or creditor advances new principal (hereafter “new advance”) that is not applied to an obligation owed or to be owed under the purchase money loan, or to fees, costs, or related expenses of the credit transaction. A new credit transaction shall be deemed to be a purchase money loan except as to the principal amount of a new advance. For purposes of this section, any payment of principal shall be deemed to be applied first to the principal balance of the purchase money loan, and then to the principal balance of a new advance, and interest payments shall be applied to any interest due and owing. This subdivision applies only to credit transactions that are executed on or after January 1, 2013.(c) The fact that no deficiency shall be owed or collected under the circumstances set forth in subdivisions (a) and (b) does not affect the liability that a guarantor, pledgor, or other surety might otherwise have with respect to the deficiency, or that might otherwise be satisfied in whole or in part from other collateral pledged to secure the obligation that is the subject of the deficiency.(d) When both a chattel mortgage and a deed of trust or mortgage have been given to secure payment of the balance of the combined purchase price of both real and personal property, no deficiency judgment shall lie under any one thereof if no deficiency judgment would lie under the deed of trust or mortgage on the real property or estate for years therein.(Amended by Stats. 2014, Ch. 71, Sec. 18. (SB 1304) Effective January 1, 2015.)
CA Civ Pro Code § 580c (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 580c.

580c.  In all cases where existing deeds of trust or mortgages are judicially foreclosed, unless a different amount is set up in the mortgage or deed of trust, and in all cases of mortgages and deeds of trust executed after this act takes effect, the mortgagor or trustor may be required to pay only such amount as trustee’s or attorney’s fees for processing the judicial foreclosure as the court may find reasonable and also the actual cost of publishing, recording, mailing and posting notices, litigation guarantee, and litigation cost of suit.(Amended by Stats. 1984, Ch. 1730, Sec. 6.)
CA Civ Pro Code § 580d (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 580d.

580d.  (a) Except as provided in subdivision (b), no deficiency shall be owed or collected, and no deficiency judgment shall be rendered for a deficiency on a note secured by a deed of trust or mortgage on real property or an estate for years therein executed in any case in which the real property or estate for years therein has been sold by the mortgagee or trustee under power of sale contained in the mortgage or deed of trust.(b) The fact that no deficiency shall be owed or collected under the circumstances set forth in subdivision (a) does not affect the liability that a guarantor, pledgor, or other surety might otherwise have with respect to the deficiency, or that might otherwise be satisfied in whole or in part from other collateral pledged to secure the obligation that is the subject of the deficiency.(c) This section does not apply to a deed of trust, mortgage, or other lien given to secure the payment of bonds or other evidences of indebtedness authorized or permitted to be issued by the Commissioner of Business Oversight or which is made by a public utility subject to the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1 of the Public Utilities Code).(Amended by Stats. 2014, Ch. 401, Sec. 14. (AB 2763) Effective January 1, 2015.)
CA Civ Pro Code § 580.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 580.5.

580.5.  (a) For purposes of this section:(1) “Beneficiary” means a “beneficiary” as defined in paragraph (3) of subdivision (a) of Section 5102 of the Commercial Code.(2) “Issuer” means an “issuer” as defined in paragraph (9) of subdivision (a) of Section 5102 of the Commercial Code.(3) “Letter of credit” means a “letter of credit” as defined in paragraph (10) of subdivision (a) of Section 5102 of the Commercial Code whether or not the engagement is governed by Division 5 (commencing with Section 5101) of the Commercial Code.(b) With respect to an obligation which is secured by a mortgage or a deed of trust upon real property or an estate for years therein and which is also supported by a letter of credit, neither the presentment, receipt of payment, or enforcement of a draft or demand for payment under the letter of credit by the beneficiary of the letter of credit nor the honor or payment of, or the demand for reimbursement, receipt of reimbursement or enforcement of any contractual, statutory or other reimbursement obligation relating to, the letter of credit by the issuer of the letter of credit shall, whether done before or after the judicial or nonjudicial foreclosure of the mortgage or deed of trust or conveyance in lieu thereof, constitute any of the following:(1) An action within the meaning of subdivision (a) of Section 726, or a failure to comply with any other statutory or judicial requirement to proceed first against security.(2) A money judgment for a deficiency or a deficiency judgment within the meaning of Section 580a, 580b, or 580d, or subdivision (b) of Section 726, or the functional equivalent of any such judgment.(3) A violation of Section 580a, 580b, 580d, or 726.(Amended by Stats. 1996, Ch. 176, Sec. 2. Effective January 1, 1997.)
CA Civ Pro Code § 580.7 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 580.7.

580.7.  (a) For purposes of this section:(1) “Beneficiary” means a “beneficiary” as defined in paragraph (3) of subdivision (a) of Section 5102 of the Commercial Code.(2) “Customer” means an “applicant” as defined in paragraph (2) of subdivision (a) of Section 5102 of the Commercial Code.(3) “Letter of credit” means a “letter of credit” as defined in paragraph (10) of subdivision (a) of Section 5102 of the Commercial Code whether or not the engagement is governed by Division 5 (commencing with Section 5101) of the Commercial Code.(b) No letter of credit shall be enforceable by any party thereto in a loan transaction in which all of the following circumstances exist:(1) The customer is a natural person.(2) The letter of credit is issued to the beneficiary to avoid a default of the existing loan.(3) The existing loan is secured by a purchase money deed of trust or purchase money mortgage on real property containing one to four residential units, at least one of which is owned and occupied, or was intended at the time the existing loan was made, to be occupied by the customer.(4) The letter of credit is issued after the effective date of this section.(Amended by Stats. 1996, Ch. 176, Sec. 3. Effective January 1, 1997.)
CA Civ Pro Code § 581.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 581.5.

581.5.  In a case involving consumer debt, as defined in Section 1788.2 of the Civil Code, and as regulated under Title 1.6C.5 (commencing with Section 1788.50) of Part 4 of Division 3 of the Civil Code, if the defendant debtor appears for trial on the scheduled trial date, and the plaintiff debt buyer either fails to appear or is not prepared to proceed to trial, and the court does not find a good cause for continuance, the court may, in its discretion, dismiss the action with or without prejudice. Notwithstanding any other law, in this instance, the court may award the defendant debtor’s costs of preparing for trial, including, but not limited to, lost wages and transportation expenses.(Added by Stats. 2013, Ch. 64, Sec. 3. (SB 233) Effective January 1, 2014.)
CA Civ Pro Code § 581c (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 581c.

581c.  (a) Only after, and not before, the plaintiff has completed his or her opening statement, or after the presentation of his or her evidence in a trial by jury, the defendant, without waiving his or her right to offer evidence in the event the motion is not granted, may move for a judgment of nonsuit.(b) If it appears that the evidence presented, or to be presented, supports the granting of the motion as to some but not all of the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of the motion, no final judgment shall be entered prior to the termination of the action, but the final judgment in the action shall, in addition to any matters determined in the trial, award judgment as determined by the motion herein provided for.(c) If the motion is granted, unless the court in its order for judgment otherwise specifies, the judgment of nonsuit operates as an adjudication upon the merits.(d) In actions which arise out of an injury to the person or to property, when a motion for judgment of nonsuit was granted on the basis that the defendant was without fault, no other defendant during trial, over plaintiff’s objection, may attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion.(Amended by Stats. 1998, Ch. 200, Sec. 1. Effective January 1, 1999.)
CA Civ Pro Code § 581d (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 581d.

581d.  A written dismissal of an action shall be entered in the clerk’s register and is effective for all purposes when so entered.All dismissals ordered by the court shall be in the form of a written order signed by the court and filed in the action and those orders when so filed shall constitute judgments and be effective for all purposes, and the clerk shall note those judgments in the register of actions in the case.(Amended by Stats. 1998, Ch. 931, Sec. 79. Effective September 28, 1998.)
CA Civ Pro Code § 582 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 582.

582.  In all other cases judgment shall be rendered on the merits.(Amended by Stats. 1947, Ch. 990.)
CA Civ Pro Code § 582.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 1 - Judgment in General|Section 582.5.

582.5.  In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and upon terms and conditions, including installment payments, that the court may prescribe. The court may amend the terms and conditions for payment of the judgment or order at any time to provide for installment payments for good cause upon motion by a party and notice to all affected parties, regardless of the nature of the underlying debt and regardless of whether the moving party appeared before entry of the judgment or order. In any determination regarding the imposition of terms and conditions upon the payment of the judgment, the court shall consider any factors that would be relevant to the determination of a claim for exemption pursuant to Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2 or the examination of a debtor pursuant to Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9.(Added by Stats. 1998, Ch. 931, Sec. 80. Effective September 28, 1998.)
CA Civ Pro Code § 585.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 2 - Judgment Upon Failure to Answer|Section 585.5.

585.5.  (a) Every application to enter default under subdivision (a) of Section 585 shall include, or be accompanied by, an affidavit stating facts showing that the action is or is not subject to Section 1812.10 or 2984.4 of the Civil Code or subdivision (b) of Section 395. (b) When a default or default judgment has been entered without full compliance with Section 1812.10 or 2984.4 of the Civil Code, or subdivision (b) of Section 395, the defendant may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action in the proper court. The notice of motion shall be served and filed within 60 days after the defendant first receives notice of levy under a writ of execution, or notice of any other procedure for enforcing, the default judgment. (c) A notice of motion to set aside a default or default judgment and for leave to defend the action in the proper court shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the action was not commenced in the proper court according to Section 1812.10 or 2984.4 of the Civil Code or subdivision (b) of Section 395. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action. (d) Upon a finding by the court that the motion was made within the period permitted by subdivision (b) and that the action was not commenced in the proper court, it shall set aside the default or default judgment on such terms as may be just and shall allow such a party to defend the action in the proper court. (e) Unless the plaintiff can show that the plaintiff used reasonable diligence to avoid filing the action in the improper court, upon a finding that the action was commenced in the improper court the court shall award the defendant actual damages and costs, including reasonable attorney’s fees.(Amended by Stats. 1991, Ch. 1090, Sec. 3.)
CA Civ Pro Code § 587 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 2 - Judgment Upon Failure to Answer|Section 587.

587.  An application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit stating that a copy of the application has been mailed to the defendant’s attorney of record or, if none, to the defendant at his or her last known address and the date on which the copy was mailed. If no such address of the defendant is known to the plaintiff or plaintiff’s attorney, the affidavit shall state that fact.No default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall be entered, unless the affidavit is filed. The nonreceipt of the notice shall not invalidate or constitute ground for setting aside any judgment.(Amended by Stats. 1995, Ch. 796, Sec. 12. Effective January 1, 1996.)
CA Civ Pro Code § 587.5 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 2 - Judgment Upon Failure to Answer|Section 587.5.

587.5.  As used in this chapter, unless the context otherwise specifically requires, the following terms apply:(a) “Complaint” includes a cross-complaint.(b) “Defendant” includes a cross-defendant.(c) “Plaintiff” includes a cross-complainant.(Added by Stats. 1986, Ch. 540, Sec. 10.)
CA Civ Pro Code § 588 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 3 - Issues The Mode of Trial and Postponements|Section 588.

588.  Issues arise upon the pleadings when a fact or a conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds:1. Of law; and,2. Of fact.(Enacted 1872.)
CA Civ Pro Code § 589 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 3 - Issues The Mode of Trial and Postponements|Section 589.

589.  An issue of law arises:(a) Upon a demurrer to the complaint, cross-complaint, or answer, or to some part thereof.(b) Upon a motion to strike made pursuant to Section 435, 436, or 473.(Amended by Stats. 1983, Ch. 1167, Sec. 8.)
CA Civ Pro Code § 590 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 3 - Issues The Mode of Trial and Postponements|Section 590.

590.  An issue of fact arises:1. Upon a material allegation in the complaint controverted by the answer; and,2. Upon new matters in the answer, except an issue of law is joined thereon. (Enacted 1872.)
CA Civ Pro Code § 591 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 3 - Issues The Mode of Trial and Postponements|Section 591.

591.  An issue of law must be tried by the court, unless it is referred upon consent; provided, however, that failure on the part of any person filing any demurrer to prosecute the same may be construed as a waiver of such demurrer, except as otherwise provided in Section 430.80 of this code.(Amended by Stats. 1982, Ch. 704, Sec. 9.)
CA Civ Pro Code § [592.] (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS|CHAPTER 3 - Issues The Mode of Trial and Postponements|Section [592.].

[592.]   Section Five Hundred and Ninety-two. In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this Code. Where in these cases there are issues both of law and fact, the issue of law must be first disposed of. In other cases, issues of fact must be tried by the Court, subject to its power to order any such issue to be tried by a jury, or to be referred to a referee, as provided in this Code.(Amended by Code Amendments 1873-74, Ch. 383.)