reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 4 - Form and Content of Arbitral Award › Section 1297.318.

1297.318. (a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal.
(b) In making an order for costs, the arbitral tribunal may include as costs any of the following:
(1) The fees and expenses of the arbitrators and expert witnesses.
(2) Legal fees and expenses.
(3) Any administration fees of the institution supervising the arbitration, if any.
(4) Any other expenses incurred in connection with the arbitral proceedings.
(c) In making an order for costs, the arbitral tribunal may specify any of the following:
(1) The party entitled to costs.
(2) The party who shall pay the costs.
(3) The amount of costs or method of determining that amount.
(4) The manner in which the costs shall be paid.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 5 - Termination of Proceedings › Section 1297.321.

1297.321. The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under Section 1297.322. The award shall be final upon the expiration of the applicable periods in Article 6 (commencing with Section 1297.331) of this chapter.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 5 - Termination of Proceedings › Section 1297.322.

1297.322. The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where any of the following occurs:
(a) The claimant withdraws his or her claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on the respondent’s part in obtaining a final settlement of the dispute.
(b) The parties agree on the termination of the proceedings.
(c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 5 - Termination of Proceedings › Section 1297.323.

1297.323. Subject to Article 6 (commencing with Section 1297.331) of this chapter, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 6 - Correction and Interpretation of Awards and Additional Awards › Section 1297.331.

1297.331. Within 30 days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties:
(a) A party may request the arbitral tribunal to correct in the arbitral award any computation errors, any clerical or typographical errors, or any other errors of a similar nature.
(b) A party may, if agreed by the parties, request the arbitral tribunal to give an interpretation of a specific point or part of the arbitral award.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 6 - Correction and Interpretation of Awards and Additional Awards › Section 1297.332.

1297.332. If the arbitral tribunal considers any request made under Section 1297.331 to be justified, it shall make the correction or give the interpretation within 30 days after receipt of the request and the interpretation shall form part of the arbitral award.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 6 - Correction and Interpretation of Awards and Additional Awards › Section 1297.333.

1297.333. The arbitral tribunal may correct any error of the type referred to in subdivision (a) of Section 1297.331, on its own initiative, within 30 days after the date of the arbitral award.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 6 - Correction and Interpretation of Awards and Additional Awards › Section 1297.334.

1297.334. Unless otherwise agreed by the parties, a party may request, within 30 days after receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to the claims presented in the arbitral proceedings but omitted from the arbitral award.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 6 - Correction and Interpretation of Awards and Additional Awards › Section 1297.335.

1297.335. If the arbitral tribunal considers any request made under Section 1297.334 to be justified, it shall make the additional arbitral award within 60 days after receipt of the request.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 6 - Correction and Interpretation of Awards and Additional Awards › Section 1297.336.

1297.336. The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation, or make an additional arbitral award under Section 1297.331 or 1297.334.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 6 - Making of Arbitral Award and Termination of Proceedings › ARTICLE 6 - Correction and Interpretation of Awards and Additional Awards › Section 1297.337.

1297.337. Article 4 (commencing with Section 1297.311) of this chapter applies to a correction or interpretation of the arbitral award or to an additional arbitral award made under this section.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 1 - Appointment of Conciliators › Section 1297.341.

1297.341. It is the policy of the State of California to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or conciliation pursuant to Section 1297.13, to resolve disputes arising from such agreements or transactions through conciliation. The parties may select or permit an arbitral tribunal or other third party to select one or more persons to serve as the conciliator or conciliators who shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 1 - Appointment of Conciliators › Section 1297.342.

1297.342. The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous practices between the parties.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 1 - Appointment of Conciliators › Section 1297.343.

1297.343. The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute. Except as otherwise provided in this title, other provisions of this code, the Evidence Code, or the California Rules of Court, shall not apply to conciliation proceedings brought under this title.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 2 - Representation and Assistance › Section 1297.351.

1297.351. The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be a member of the legal profession or licensed to practice law in California.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 3 - Report of Conciliators › Section 1297.361.

1297.361. At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and apportionment of costs between the parties, and send copies to the parties, specifying the time within which they must signify their approval.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 3 - Report of Conciliators › Section 1297.362.

1297.362. No party may be required to accept any settlement proposed by the conciliator or conciliators.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 4 - Confidentiality › Section 1297.371.

1297.371. When persons agree to participate in conciliation under this title:
(a) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any civil action in which, pursuant to law, testimony may be compelled to be given. However, this subdivision does not limit the admissibility of evidence if all parties participating in conciliation consent to its disclosure.
(b) In the event that any such evidence is offered in contravention of this section, the arbitration tribunal or the court shall make any order which it considers to be appropriate to deal with the matter, including, without limitation, orders restricting the introduction of evidence, or dismissing the case without prejudice.
(c) Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the conciliation, or any copy thereof, is admissible in evidence, and disclosure of any such document shall not be compelled, in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 5 - Stay of Arbitration and Resort to Other Proceedings › Section 1297.381.

1297.381. The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral proceedings from the commencement of conciliation until the termination of conciliation proceedings.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 5 - Stay of Arbitration and Resort to Other Proceedings › Section 1297.382.

1297.382. All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under this title and all limitation periods shall remain tolled and periods of prescription extended as to all parties to the conciliation proceedings until the 10th day following the termination of conciliation proceedings. For purposes of this article, conciliation proceedings are deemed to have commenced as soon as (a) a party has requested conciliation of a particular dispute or disputes, and (b) the other party or parties agree to participate in the conciliation proceeding.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 6 - Termination › Section 1297.391.

1297.391. The conciliation proceedings may be terminated as to all parties by any of the following:
(a) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration.
(b) A written declaration of the parties addressed to the conciliator or conciliators to the effect that the conciliation proceedings are terminated, on the date of the declaration.
(c) The signing of a settlement agreement by all of the parties, on the date of the agreement.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 6 - Termination › Section 1297.392.

1297.392. The conciliation proceedings may be terminated as to particular parties by either of the following:
(a) A written declaration of a party to the other party and the conciliator or conciliators, if appointed, to the effect that the conciliation proceedings shall be terminated as to that particular party, on the date of the declaration.
(b) The signing of a settlement agreement by some of the parties, on the date of the agreement.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 6 - Termination › Section 1297.393.

1297.393. No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in, the same dispute unless all parties manifest their consent to such participation or the rules adopted for conciliation or arbitration otherwise provide.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 6 - Termination › Section 1297.394.

1297.394. By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had not been initiated, other than those set forth in any settlement agreement which results from the conciliation.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 7 - Enforceability of Decree › Section 1297.401.

1297.401. If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators and the parties or their representatives, the written agreement shall be treated as an arbitral award rendered by an arbitral tribunal duly constituted in and pursuant to the laws of this state, and shall have the same force and effect as a final award in arbitration.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 8 - Costs › Section 1297.411.

1297.411. Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. As used in this article, “costs” includes only the following:
(a) A reasonable fee to be paid to the conciliator or conciliators.
(b) The travel and other reasonable expenses of the conciliator or conciliators.
(c) The travel and other reasonable expenses of witnesses requested by the conciliator or conciliators with the consent of the parties.
(d) The cost of any expert advice requested by the conciliator or conciliators with the consent of the parties.
(e) The cost of any court.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 8 - Costs › Section 1297.412.

1297.412. These costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 9 - Effect on Jurisdiction › Section 1297.421.

1297.421. Neither the request for conciliation, the consent to participate in the conciliation proceedings, the participation in such proceedings, nor the entering into a conciliation agreement or settlement shall be deemed as consent to the jurisdiction of any court in this state in the event conciliation fails.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 10 - Immunity of Conciliators and Parties › Section 1297.431.

1297.431. Neither the conciliator or conciliators, the parties, nor their representatives shall be subject to service of process on any civil matter while they are present in this state for the purpose of arranging for or participating in conciliation pursuant to this title.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.3 - ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES › CHAPTER 7 - Conciliation › ARTICLE 10 - Immunity of Conciliators and Parties › Section 1297.432.

1297.432. No person who serves as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of his or her role as a conciliator in any proceeding subject to this title.
(Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.4 - REAL ESTATE CONTRACT ARBITRATION › Section 1298.5.

1298.5. Any party to an action who proceeds to record a notice of pending action pursuant to Section 409 shall not thereby waive any right of arbitration which that person may have pursuant to a written agreement to arbitrate, nor any right to petition the court to compel arbitration pursuant to Section 1281.2, if, in filing an action to record that notice, the party at the same time presents to the court an application that the action be stayed pending the arbitration of any dispute which is claimed to be arbitrable and which is relevant to the action.
(Added by Stats. 1988, Ch. 881, Sec. 1. Operative July 1, 1989, by Section 1298.8.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.4 - REAL ESTATE CONTRACT ARBITRATION › Section 1298.7.

1298.7. In the event an arbitration provision is included in a contract or agreement covered by this title, it shall not preclude or limit any right of action for bodily injury or wrongful death, or any right of action to which Section 337.1 or 337.15 is applicable.
(Added by Stats. 1988, Ch. 881, Sec. 1. Operative July 1, 1989, by Section 1298.8.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.4 - REAL ESTATE CONTRACT ARBITRATION › Section 1298.8.

1298.8. This title shall become operative on July 1, 1989, and shall only apply to contracts or agreements entered into on or after that date.
(Added by Stats. 1988, Ch. 881, Sec. 1. Note: This section delayed the initial operation of Title 9.3 (now numbered 9.4), commencing with Section 1298.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.

1299. The Legislature hereby finds and declares that strikes taken by firefighters and law enforcement officers against public employers are a matter of statewide concern, are a predictable consequence of labor strife and poor morale that is often the outgrowth of substandard wages and benefits, and are not in the public interest. The Legislature further finds and declares that the dispute resolution procedures contained in this title provide the appropriate method for resolving public sector labor disputes that could otherwise lead to strikes by firefighters or law enforcement officers.
It is the intent of the Legislature to protect the health and welfare of the public by providing impasse remedies necessary to afford public employers the opportunity to safely alleviate the effects of labor strife that would otherwise lead to strikes by firefighters and law enforcement officers. It is further the intent of the Legislature that, in order to effectuate its predominant purpose, this title be construed to apply broadly to all public employers, including, but not limited to, charter cities, counties, and cities and counties in this state.
It is not the intent of the Legislature to alter the scope of issues subject to collective bargaining between public employers and employee organizations representing firefighters or law enforcement officers.
The provisions of this title are intended by the Legislature to govern the resolution of impasses reached in collective bargaining between public employers and employee organizations representing firefighters and law enforcement officers over economic issues that remain in dispute over their respective interests. However, the provisions of this title are not intended by the Legislature to be used as a procedure to determine the rights of any firefighter or law enforcement officer in any grievance initiated as a result of a disciplinary action taken by any public employer. The Legislature further intends that this title shall not apply to any law enforcement policy that pertains to how law enforcement officers interact with members of the public or pertains to police-community relations, such as policies on the use of police powers, enforcement priorities and practices, or supervision, oversight, and accountability covering officer behavior toward members of the public, to any community-oriented policing policy or to any process employed by an employer to investigate firefighter or law enforcement officer behavior that could lead to discipline against any firefighter or law enforcement officer, nor to contravene any provision of a charter that governs an employer that is a city, county, or city and county, which provision prescribes a procedure for the imposition of any disciplinary action taken against a firefighter or law enforcement officer.
(Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.2.

1299.2. This title shall apply to all employers of firefighters and law enforcement officers.
(Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.3.

1299.3. As used in this title:
(a) “Employee” means any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b).
(b) “Employee organization” means any organization recognized by the employer for the purpose of representing firefighters or law enforcement officers in matters relating to wages, hours, and other terms and conditions of employment within the scope of arbitration.
(c) “Employer” means any local agency employing employees, as defined in subdivision (a), or any entity, except the State of California, acting as an agent of any local agency, either directly or indirectly.
(d) “Firefighter” means any person who is employed to perform firefighting, fire prevention, fire training, hazardous materials response, emergency medical services, fire or arson investigation, or any related duties, without respect to the rank, job title, or job assignment of that person.
(e) “Law enforcement officer” means any person who is a peace officer, as defined in Section 830.1 of, subdivisions (b) and (d) of Section 830.31 of, subdivisions (a), (b), and (c) of Section 830.32 of, subdivisions (a), (b), and (d) of Section 830.33 of, subdivisions (a) and (b) of Section 830.35 of, subdivision (a) of Section 830.5 of, and subdivision (a) of Section 830.55 of, the Penal Code, without respect to the rank, job title, or job assignment of that person.
(f) “Local agency” means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, town, city, county, city and county, or municipal corporation, whether incorporated or not or whether chartered or not.
(g) “Scope of arbitration” means economic issues, including salaries, wages and overtime pay, health and pension benefits, vacation and other leave, reimbursements, incentives, differentials, and all other forms of remuneration. The scope of arbitration shall not include any issue that is protected by what is commonly referred to as the “management rights” clause contained in Section 3504 of the Government Code. Notwithstanding the foregoing, any employer that is not exempt under Section 1299.9 may supersede this subdivision by adoption of an ordinance that establishes a broader definition of “scope of arbitration.”
(Amended by Stats. 2002, Ch. 664, Sec. 52. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.4.

1299.4. (a) If an impasse has been declared after the parties have exhausted their mutual efforts to reach agreement over matters within the scope of arbitration, and the parties are unable to agree to the appointment of a mediator, or if a mediator agreed to by the parties is unable to effect settlement of a dispute between the parties after his or her appointment, the employee organization may, by written notification to the employer, request that their differences be submitted to an arbitration panel.
(b) Within three days after receipt of the written notification, each party shall designate a person to serve as its member of an arbitration panel. Within five days thereafter, or within additional periods to which they mutually agree, the two members of the arbitration panel appointed by the parties shall designate an impartial person with experience in labor and management dispute resolution to act as chairperson of the arbitration panel.
(c) In the event that the parties are unable or unwilling to agree upon a third person to serve as chairperson, the two members of the arbitration panel shall jointly request from the American Arbitration Association a list of seven impartial and experienced persons who are familiar with matters of employer-employee relations. The two panel members may as an alternative, jointly request a list of seven names from the California State Mediation and Conciliation Service, or a list from either entity containing more or less than seven names, so long as the number requested is an odd number. If after five days of receipt of the list, the two panel members cannot agree on which of the listed persons shall serve as chairperson, they shall, within two days, alternately strike names from the list, with the first panel member to strike names being determined by lot. The last person whose name remains on the list shall be chairperson.
(d) Employees as defined by this chapter shall not be permitted to engage in strikes that endanger public safety.
(e) No employer shall interfere with, intimidate, restrain, coerce, or discriminate against an employee organization or employee because of an exercise of rights under this title.
(f) No employer shall refuse to meet and confer or condition agreement upon a memorandum of understanding based upon an employee organization’s exercise of rights under this title.
(Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.5.

1299.5. (a) The arbitration panel shall, within 10 days after its establishment or any additional periods to which the parties agree, meet with the parties or their representatives, either jointly or separately, make inquiries and investigations, hold hearings, and take any other action including further mediation, that the arbitration panel deems appropriate.
(b) For the purpose of its hearings, investigations, or inquiries, the arbitration panel may subpoena witnesses, administer oaths, take the testimony of any person, and issue subpoenas duces tecum to require the production and examination of any employer’s or employee organization’s records, books, or papers relating to any subject matter before the panel.
(Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.6.

1299.6. (a) The arbitration panel shall direct that five days prior to the commencement of its hearings, each of the parties shall submit the last best offer of settlement as to each of the issues within the scope of arbitration, as defined in this title, made in bargaining as a proposal or counterproposal and not previously agreed to by the parties prior to any arbitration request made pursuant to subdivision (a) of Section 1299.4. The arbitration panel, within 30 days after the conclusion of the hearing, or any additional period to which the parties agree, shall separately decide on each of the disputed issues submitted by selecting, without modification, the last best offer that most nearly complies with the applicable factors described in subdivision (c). This subdivision shall be applicable except as otherwise provided in subdivision (b).
(b) Notwithstanding the terms of subdivision (a), the parties by mutual agreement may elect to submit as a package the last best offer of settlement made in bargaining as a proposal or counterproposal on those issues within the scope of arbitration, as defined in this title, not previously agreed to by the parties prior to any arbitration request made pursuant to subdivision (a) of Section 1299.4. The arbitration panel, within 30 days after the conclusion of the hearing, or any additional period to which the parties agree, shall decide on the disputed issues submitted by selecting, without modification, the last best offer package that most nearly complies with the applicable factors described in subdivision (c).
(c) The arbitration panel, unless otherwise agreed to by the parties, shall limit its findings to issues within the scope of arbitration and shall base its findings, opinions, and decisions upon those factors traditionally taken into consideration in the determination of those matters within the scope of arbitration, including but not limited to the following factors, as applicable:
(1) The stipulations of the parties.
(2) The interest and welfare of the public.
(3) The financial condition of the employer and its ability to meet the costs of the award.
(4) The availability and sources of funds to defray the cost of any changes in matters within the scope of arbitration.
(5) Comparison of matters within the scope of arbitration of other employees performing similar services in corresponding fire or law enforcement employment.
(6) The average consumer prices for goods and services, commonly known as the Consumer Price Index.
(7) The peculiarity of requirements of employment, including, but not limited to, mental, physical, and educational qualifications; job training and skills; and hazards of employment.
(8) Changes in any of the foregoing that are traditionally taken into consideration in the determination of matters within the scope of arbitration.
(Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.7.

1299.7. (a) The arbitration panel shall mail or otherwise deliver a copy of the decision to the parties. However, the decision of the arbitration panel shall not be publicly disclosed, and shall not be binding, for a period of five days after service to the parties. During that five-day period, the parties may meet privately, attempt to resolve their differences and, by mutual agreement, amend or modify the decision of the arbitration panel.
(b) At the conclusion of the five-day period, which may be extended by the parties, the arbitration panel’s decision, as may be amended or modified by the parties pursuant to subdivision (a), shall be publicly disclosed and, unless the governing body acts in accordance with subdivision (c), shall be binding on all parties, and, if specified by the arbitration panel, be incorporated into and made a part of any existing memorandum of understanding as defined in Section 3505.1 of the Government Code.
(c) The employer may by unanimous vote of all the members of the governing body reject the decision of the arbitration panel, except as specifically provided to the contrary in a city, county, or city and county charter with respect to the rejection of an arbitration award.
(Amended by Stats. 2003, Ch. 877, Sec. 1. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.8.

1299.8. Unless otherwise provided in this title, Title 9 (commencing with Section 1280) shall be applicable to any arbitration proceeding undertaken pursuant to this title.
(Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 9.5 - ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES › Section 1299.9.

1299.9. (a) The provisions of this title shall not apply to any employer that is a city, county, or city and county, governed by a charter that was amended prior to January 1, 2004, to incorporate a procedure requiring the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel for final and binding determination, provided however that the charter amendment is not subsequently repealed or amended in a form that would no longer require the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel, for final and binding determination.
(b) Unless otherwise agreed to by the parties, the costs of the arbitration proceeding and the expenses of the arbitration panel, except those of the employer representative, shall be borne by the employee organization.
(Amended by Stats. 2003, Ch. 877, Sec. 2. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 1300.

1300. For the purposes of this title, the following definitions shall apply:
(a) “Property,” unless specifically qualified, includes all classes of property, real, personal and mixed.
(b) “Unclaimed property,” unless specifically qualified, means all property (1) which is unclaimed, abandoned, escheated, permanently escheated, or distributed to the state, or (2) which, under any provision of law, will become unclaimed, abandoned, escheated, permanently escheated, or distributed to the state, or (3) to the possession of which the state is or will become entitled, if not claimed by the person or persons entitled thereto within the time allowed by law, whether or not there has been a judicial determination that such property is unclaimed, abandoned, escheated, permanently escheated, or distributed to the state.
(c) “Escheat,” unless specifically qualified, means the vesting in the state of title to property the whereabouts of whose owner is unknown or whose owner is unknown or which a known owner has refused to accept, whether by judicial determination or by operation of law, subject to the right of claimants to appear and claim the escheated property or any portion thereof. When used in reference to the law of another state, “escheat” includes the transfer to the state of the right to the custody of such property.
(d) “Permanent escheat” means the absolute vesting in the state of title to property the whereabouts of whose owner is unknown or whose owner is unknown or which a known owner has refused to accept, pursuant to judicial determination, pursuant to a proceeding of escheat as provided by Chapter 5 (commencing with Section 1410) of this title, or pursuant to operation of law, and the barring of all claims to the property by the former owner thereof or his successors.
(e) “Controller” means the State Controller.
(f) “Treasurer” means the State Treasurer.
(g) “Domicile,” in the case of a corporation, refers to the place where the corporation is incorporated.
(Amended by Stats. 1968, Ch. 356.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 1301.

1301. For the purposes of this title, unless otherwise specified, (1) a reference to a section refers to a section of this code; (2) a reference to an article refers to an article of the chapter of this title in which such reference is made; and (3) a reference to a chapter refers to a chapter of this title.
(Added by Stats. 1951, Ch. 1708.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 2 - Purpose and Scope › Section 1305.

1305. It is the purpose of this title to provide for the receipt, custody, investment, management, disposal, escheat and permanent escheat of various classes of unclaimed property, to the possession of which the State is, or may become, entitled under the provisions of this title or under other provision of law.
(Added by Stats. 1951, Ch. 1708.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 2 - Purpose and Scope › Section 1306.

1306. The provisions of this title do not apply to money or other property held by the State or any officer thereof as trustee or bailee under the terms of an express contract to which the State or any officer thereof is a party.
(Added by Stats. 1951, Ch. 1708.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 2 - Receipt and Expenditure of Funds › ARTICLE 1 - Deposit of Unclaimed Property › Section 1310.

1310. Whenever, under the provisions of this title or under any other provision of law, unclaimed money or other unclaimed property is payable into the State Treasury, the person responsible for making such payment shall, if it is cash, transmit it to the Treasurer, and if it is personal property other than cash, transmit it to the Controller for deposit in the State Treasury.
(Added by Stats. 1951, Ch. 1708.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 2 - Receipt and Expenditure of Funds › ARTICLE 1 - Deposit of Unclaimed Property › Section 1311.

1311. Any person transmitting money or other property to the Treasurer or Controller under the provisions of this title shall, at the time of such transmittal, furnish written notice thereof to the Controller, setting forth the amount of cash transmitted, the nature and description of the personal property other than cash transmitted, the name and last known address of the person entitled to such property or for whose benefit such property is transmitted, a reference to the specific statutory provision under which such property is transmitted, and if such property represents the proceeds of an estate of a decedent, or an unclaimed amount payable pursuant to an allowed and approved claim against such an estate, the name of the decedent, the county and court in which probate or escheat proceedings, if any, were held, the number of the action, if any; and, in the case of all classes of property so transmitted, such other identifying information available from the records of the person making such transmittal, as the Controller may require.
(Added by Stats. 1951, Ch. 1708.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 2 - Receipt and Expenditure of Funds › ARTICLE 1 - Deposit of Unclaimed Property › Section 1312.

1312. Whenever money or other property is paid to the State or any officer or employee thereof under the provisions of this title, and such money or other property has been covered by a decree of distribution in a decedent’s estate, or by an order or decree of a court ordering such payment or adjudging that title to such property has vested in the State, the person transmitting such money or other property to the Treasurer or Controller shall, at the time of such transmittal, furnish to the Controller a certified copy of each court order or decree, and of each court order correcting or amending the same, covering such money or other property.
(Added by Stats. 1951, Ch. 1708.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 2 - Receipt and Expenditure of Funds › ARTICLE 1 - Deposit of Unclaimed Property › Section 1313.

1313. A fund is hereby created in the State Treasury, to be known as the Unclaimed Property Fund.
All money, except permanently escheated money, paid to the state or any officer or employee thereof for deposit in the State Treasury under the provisions of this title shall, on order of the Controller, be deposited in the Unclaimed Property Fund.
All property other than money, including the proceeds from the sale or other disposition thereof, except permanently escheated property received by, or coming into the possession of, the state or any officer or employee thereof under the provisions of this title shall, on order of the Controller, be deposited in the State Treasury to be held in the Unclaimed Property Fund.
(Amended by Stats. 1978, Ch. 1183.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 2 - Receipt and Expenditure of Funds › ARTICLE 1 - Deposit of Unclaimed Property › Section 1314.

1314. The Controller shall maintain a separate account in the Unclaimed Property Fund covering the accountability for money deposited in the Unclaimed Property Fund under each article of Chapter 6. All real and personal property distributed to the State or delivered into the possession of the State or any officer or employee thereof under the provisions of this title, shall be accounted for by the Controller in the name of the account in the Unclaimed Property Fund to which the proceeds thereof, if converted into cash, would be credited under the provisions of this title. All personal property deposited in the State Treasury under the provisions of this title shall be held by the Treasurer in the name of the same account in the Unclaimed Property Fund for which such property is accounted by the Controller, as herein provided.
(Added by Stats. 1951, Ch. 1708.)