reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 566.

566. (a) No party, or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third degree, can be appointed receiver therein without the written consent of the parties, filed with the clerk.
(b) If a receiver is appointed upon an ex parte application, the court, before making the order, must require from the applicant an undertaking in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages the defendant may sustain by reason of the appointment of the receiver and the entry by the receiver upon the duties, in case the applicant shall have procured the appointment wrongfully, maliciously, or without sufficient cause.
(Amended by Stats. 1982, Ch. 517, Sec. 127.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 567.

567. Before entering upon the duties of a receiver:
(a) The receiver must be sworn to perform the duties faithfully.
(b) The receiver shall give an undertaking to the State of California, in such sum as the court or judge may direct, to the effect that the receiver will faithfully discharge the duties of receiver in the action and obey the orders of the court therein. The receiver shall be allowed the cost of the undertaking.
(Amended by Stats. 1982, Ch. 517, Sec. 128.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 568.

568. The receiver has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the Court may authorize.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 568.1.

568.1. Any securities in the hands of a receiver may, under the control of the court, be deposited by the receiver in a securities depository, as defined in Section 30004 of the Financial Code, which is licensed under Section 30200 of the Financial Code or exempted from licensing thereunder by Section 30005 or 30006 of the Financial Code, and such securities may be held by such securities depository in the manner authorized by Section 775 of the Financial Code.
(Added by Stats. 1972, Ch. 1057.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 568.2.

568.2. (a) A receiver of real property containing rental housing shall notify the court of the existence of any order or notice to correct any substandard or unsafe condition, as defined in Section 17920.3 or 17920.10 of the Health and Safety Code, with which the receiver cannot comply within the time provided by the order or notice.
(b) The notice shall be filed within 30 days after the receiver’s appointment or, if the substandard condition occurs subsequently, within 15 days of its occurrence.
(c) The notice shall inform the court of all of the following:
(1) The substandard conditions that exist.
(2) The threat or danger that the substandard conditions pose to any occupant of the property or the public.
(3) The approximate cost and time involved in abating the conditions. If more time is needed to approximate the cost, then the notice shall provide the date on which the approximate cost will be filed with the court and that date shall be within 10 days of the filing.
(4) Whether the receivership estate is likely to contain sufficient funds to abate the conditions.
(d) If the receivership estate does not contain sufficient funds to abate the conditions, the receiver shall request further instructions or orders from the court.
(e) The court, upon receipt of a notice pursuant to subdivision (d), shall consider appropriate orders or instructions to enable the receiver to correct the substandard conditions or to terminate or limit the period of receivership.
(Amended by Stats. 2005, Ch. 595, Sec. 3. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 568.3.

568.3. Any tenant of real property that is subject to receivership, a tenant association or organization, or any federal, state, or local enforcement agency, may file a motion in a receivership action for the purpose of seeking further instructions or orders from the court, if either of the following is true:
(a) Substandard conditions exist, as defined by Section 17920.3 or 17920.10 of the Health and Safety Code.
(b) A dispute or controversy exists concerning the powers or duties of the receiver affecting a tenant or the public.
(Amended by Stats. 2005, Ch. 595, Sec. 4. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 568.5.

568.5. A receiver may, pursuant to an order of the court, sell real or personal property in the receiver’s possession upon the notice and in the manner prescribed by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9. The sale is not final until confirmed by the court.
(Amended by Stats. 1982, Ch. 497, Sec. 35. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 568.6.

568.6. A receiver appointed at the request of the Public Utilities Commission pursuant to Section 1825 of the Public Utilities Code shall control and operate Pacific Gas and Electric Company upon such terms and conditions as the court prescribes.
(Added by Stats. 2020, Ch. 27, Sec. 2. (SB 350) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 569.

569. Funds in the hands of a receiver may be deposited in one or more interest bearing accounts in the name and for the benefit of the receivership estate with one or more financial institutions, provided that all of the following conditions are satisfied:
(a) The deposits are fully guaranteed or insured under federal law.
(b) The financial institution in which the funds are deposited is not a party to the action in which the receiver was appointed.
(c) The receiver does not own 1 percent or more in value of the outstanding stock of the financial institution, is not an officer, director, or employee of the financial institution, and is not a sibling, whether by the whole or half-blood, spouse, aunt, uncle, nephew, niece, ancestor, or lineal descendant of an owner, officer, employee, or director.
(Amended by Stats. 1998, Ch. 932, Sec. 16. Effective January 1, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5 - Receivers › Section 570.

570. A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him, shall, before receiving his discharge as such receiver, publish a notice, in one or more newspapers published in the county, at least once a week for four consecutive weeks, setting forth the name of the owner of any unclaimed funds, the last known place of residence or post office address of such owner and the amount of such unclaimed funds. Any funds remaining in his hands unclaimed for 30 days after the date of the last publication of such notice, shall be reported to the court, and upon order of the court, all such funds must be paid into the State Treasury accompanied with a copy of the order, which must set forth the facts required in the notice herein provided. Such funds shall be deemed to have been received by the State under Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of this code and may be recovered in the manner prescribed therein.
All costs and expenses connected with such advertising shall be paid out of the funds the whereabouts of whose owners are unknown.
(Amended by Stats. 1963, Ch. 1762.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 5A - Undertaking of Persons Handling Private Property or Funds › Section 571.

571. If a referee or commissioner is appointed by a court and the duties of the referee or commissioner will, or are reasonably anticipated to, involve the custody of personal property or the receipt or disbursement of moneys, the order of appointment shall provide that before entering upon the duties, the referee or commissioner shall execute an undertaking to the State of California, to the effect that the referee or commissioner will faithfully discharge the duties of referee or commissioner, as the case may be, and obey the orders of the court therein. The order of appointment shall specify the amount of the undertaking, but a failure to so specify shall not invalidate the order.
(Amended by Stats. 1982, Ch. 517, Sec. 129.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 6 - Deposit in Court › Section 572.

572. When it is admitted by the pleadings, or shown upon the examination of a party to the action, that he or she has in his or her possession, or under his or her control, any money or other thing capable of delivery, which, being the subject of litigation, is held by him or her as trustee for another party, or which belongs or which is due to another party or which should, under the circumstances of the case be held by the court pending final disposition of the action, the court may order the same, upon motion, to be deposited in court or delivered to such party, upon those conditions that may be just, subject to the further direction of the court.
(Amended by Stats. 1986, Ch. 540, Sec. 6.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 6 - Deposit in Court › Section 573.

573. Whenever money is paid into or deposited in the court under this chapter, it shall be deposited with the court’s treasury as provided in Section 68084 of the Government Code.
(Repealed and added by Stats. 2005, Ch. 75, Sec. 35. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7 - OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS › CHAPTER 6 - Deposit in Court › Section 574.

574. Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, beside punishing the disobedience, may make an order requiring the sheriff or marshal to take the money, or thing, and deposit or deliver it in conformity with the direction of the court.
(Amended by Stats. 1996, Ch. 872, Sec. 15. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7a - PRETRIAL CONFERENCES › Section 575.

575. The Judicial Council may promulgate rules governing pretrial conferences, and the time, manner and nature thereof, in civil cases at issue, or in one or more classes thereof, in the superior courts.
(Amended by Stats. 2002, Ch. 784, Sec. 61. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7a - PRETRIAL CONFERENCES › Section 575.1.

575.1. (a) The presiding judge of each superior court may prepare, with the assistance of appropriate committees of the court, proposed local rules designed to expedite and facilitate the business of the court. The rules need not be limited to those actions on the civil active list, but may provide for the supervision and judicial management of actions from the date they are filed. Rules prepared pursuant to this section shall be submitted for consideration to the judges of the court and, upon approval by a majority of the judges, the judges shall have the proposed rules published and submitted to the local bar and others, as specified by the Judicial Council, for consideration and recommendations.
(b) After a majority of the judges have officially adopted the rules, they shall be filed with the Judicial Council as required by Section 68071 of the Government Code and as specified in rules adopted by the Judicial Council. The Judicial Council shall prescribe rules to ensure that a complete current set of local rules and amendments, for each county in the state, is made available for public examination in each county. The local rules shall also be published for general distribution in accordance with rules adopted by the Judicial Council. Each court shall make its local rules available for inspection and copying in every location of the court that generally accepts filing of papers. The court may impose a reasonable charge for copying the rules and may impose a reasonable page limit on copying. The rules shall be accompanied by a notice indicating where a full set of the rules may be purchased.
(c) If a judge of a court adopts a rule that applies solely to cases in that judge’s courtroom, or a particular branch or district of a court adopts a rule that applies solely to cases in that particular branch or district of a court, the court shall publish these rules as part of the general publication of rules required by the California Rules of Court. The court shall organize the rules so that rules on a common subject, whether individual, branch, district, or courtwide appear sequentially. Individual judges’ rules and branch and district rules are local rules of court for purposes of this section and for purposes of the adoption, publication, comment, and filing requirements set forth in the Judicial Council rules applicable to local court rules.
(Amended by Stats. 2003, Ch. 149, Sec. 9. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7a - PRETRIAL CONFERENCES › Section 575.2.

575.2. (a) Local rules promulgated pursuant to Section 575.1 may provide that if any counsel, a party represented by counsel, or a party if in pro se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees. No penalty may be imposed under this section without prior notice to, and an opportunity to be heard by, the party against whom the penalty is sought to be imposed.
(b) It is the intent of the Legislature that if a failure to comply with these rules is the responsibility of counsel and not of the party, any penalty shall be imposed on counsel and shall not adversely affect the party’s cause of action or defense thereto.
(Amended by Stats. 2002, Ch. 806, Sec. 14. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 7a - PRETRIAL CONFERENCES › Section 576.

576. Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.
(Added by Stats. 1963, Ch. 882.)
2023 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 577.5.

577.5. In any judgment, or execution upon such judgment, the amount shall be computed and stated in dollars and cents, rejecting fractions.
(Added by Stats. 1951, Ch. 655.)
2023 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 578.

578. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
(Enacted 1872.)
2023 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 579.

579. In an action against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.
(Enacted 1872.)
2023 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.

580. (a) The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115; but in any other case, the court may grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. The court may impose liability, regardless of whether the theory upon which liability is sought to be imposed involves legal or equitable principles.
(b) Notwithstanding subdivision (a), the following types of relief may not be granted in a limited civil case:
(1) Relief exceeding the maximum amount in controversy for a limited civil case as provided in Section 85, exclusive of attorney’s fees, interest, and costs.
(2) A permanent injunction, except as otherwise authorized by statute.
(3) A determination of title to real property.
(4) Declaratory relief, except as authorized by Section 86.
(Amended by Stats. 2007, Ch. 43, Sec. 5. Effective January 1, 2008.)
2023 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.)
2023 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.)
2023 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.)
2023 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 Financial Protection and Innovation 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. 2022, Ch. 452, Sec. 38. (SB 1498) Effective January 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 1 - Definitions and General Provisions › Section 583.110.

583.110. As used in this chapter, unless the provision or context otherwise requires:
(a) “Action” includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief.
(b) “Complaint” includes a cross-complaint or other initial pleading.
(c) “Court” means the court in which the action is pending.
(d) “Defendant” includes a cross-defendant or other person against whom an action is commenced.
(e) “Plaintiff” includes a cross-complainant or other person by whom an action is commenced.
(f) “Service” includes return of summons.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 1 - Definitions and General Provisions › Section 583.120.

583.120. (a) This chapter applies to a civil action and does not apply to a special proceeding except to the extent incorporated by reference in the special proceeding.
(b) Notwithstanding subdivision (a), the court may, by rule or otherwise under inherent authority of the court, apply this chapter to a special proceeding or part of a special proceeding except to the extent such application would be inconsistent with the character of the special proceeding or the statute governing the special proceeding.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 1 - Definitions and General Provisions › Section 583.130.

583.130. It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties shall cooperate in bringing the action to trial or other disposition. Except as otherwise provided by statute or by rule of court adopted pursuant to statute, the policy favoring the right of parties to make stipulations in their own interests and the policy favoring trial or other disposition of an action on the merits are generally to be preferred over the policy that requires dismissal for failure to proceed with reasonable diligence in the prosecution of an action in construing the provisions of this chapter.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 1 - Definitions and General Provisions › Section 583.140.

583.140. Nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 1 - Definitions and General Provisions › Section 583.150.

583.150. This chapter does not limit or affect the authority of a court to dismiss an action or impose other sanctions under a rule adopted by the court pursuant to Section 575.1 or by the Judicial Council pursuant to statute, or otherwise under inherent authority of the court.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 1 - Definitions and General Provisions › Section 583.160.

583.160. This chapter applies to a motion for dismissal made in an action commenced before, on, or after the effective date of this chapter, except that in the case of an action commenced before the effective date of this chapter:
(a) A motion for dismissal made pursuant to notice given before, on, or within one year after the effective date of this chapter is governed by the applicable law in effect immediately before the effective date and for this purpose the law in effect immediately before the effective date continues in effect.
(b) This chapter does not affect an order dismissing an action made before the effective date of this chapter.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 1 - Definitions and General Provisions › Section 583.161.

583.161. A petition filed pursuant to Section 299, 2250, 2330, or 7600 of the Family Code shall not be dismissed pursuant to this chapter if any of the following conditions exist:
(a) An order for child support or an order regarding child custody or visitation has been issued in connection with the proceeding and the order has not been (1) terminated by the court or (2) terminated by operation of law pursuant to Sections 3022, 3900, 3901, 4007, and 4013 of the Family Code.
(b) An order for spousal support has been issued in connection with the proceeding and the order has not been terminated by the court.
(c) A personal conduct restraining order has been issued pursuant to the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code) and the order has not been terminated by operation of law or by the court.
(d) An issue in the case has been bifurcated and one of the following has occurred:
(1) A separate trial has been conducted pursuant to Section 2337 of the Family Code.
(2) A separate trial has been conducted pursuant to the California Rules of Court.
(Amended by Stats. 2013, Ch. 40, Sec. 1. (AB 522) Effective January 1, 2014.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 2 - Mandatory Time for Service of Summons › Section 583.210.

583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.
(b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant.
(Amended by Stats. 2005, Ch. 300, Sec. 4. Effective January 1, 2006.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 2 - Mandatory Time for Service of Summons › Section 583.220.

583.220. The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action:
(a) A stipulation pursuant to Section 583.230 extending the time within which service must be made.
(b) A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to set aside a default judgment, or otherwise.
(c) An extension of time to plead after a motion to dismiss made pursuant to this chapter.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 2 - Mandatory Time for Service of Summons › Section 583.230.

583.230. The parties may extend the time within which service must be made pursuant to this article by the following means:
(a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal.
(b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 2 - Mandatory Time for Service of Summons › Section 583.240.

583.240. In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed:
(a) The defendant was not amenable to the process of the court.
(b) The prosecution of the action or proceedings in the action was stayed and the stay affected service.
(c) The validity of service was the subject of litigation by the parties.
(d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff’s control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff’s control for the purpose of this subdivision.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 2 - Mandatory Time for Service of Summons › Section 583.250.

583.250. (a) If service is not made in an action within the time prescribed in this article:
(1) The action shall not be further prosecuted and no further proceedings shall be held in the action.
(2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties.
(b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 3 - Mandatory Time for Bringing Action to Trial or New Trial › Section 583.310.

583.310. An action shall be brought to trial within five years after the action is commenced against the defendant.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 3 - Mandatory Time for Bringing Action to Trial or New Trial › Section 583.320.

583.320. (a) If a new trial is granted in the action the action shall again be brought to trial within the following times:
(1) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of the court declaring the mistrial or the disagreement of the jury is entered.
(2) If after judgment a new trial is granted and no appeal is taken, within three years after the order granting the new trial is entered.
(3) If on appeal an order granting a new trial is affirmed or a judgment is reversed and the action remanded for a new trial, within three years after the remittitur is filed by the clerk of the trial court.
(b) Nothing in this section requires that an action again be brought to trial before expiration of the time prescribed in Section 583.310.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 3 - Mandatory Time for Bringing Action to Trial or New Trial › Section 583.330.

583.330. The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means:
(a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal.
(b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 3 - Mandatory Time for Bringing Action to Trial or New Trial › Section 583.340.

583.340. In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the following conditions existed:
(a) The jurisdiction of the court to try the action was suspended.
(b) Prosecution or trial of the action was stayed or enjoined.
(c) Bringing the action to trial, for any other reason, was impossible, impracticable, or futile.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 1.5 - Dismissal for Delay in Prosecution › ARTICLE 3 - Mandatory Time for Bringing Action to Trial or New Trial › Section 583.350.

583.350. If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with the result that at the end of the period of tolling or extension less than six months remains within which the action must be brought to trial, the action shall not be dismissed pursuant to this article if the action is brought to trial within six months after the end of the period of tolling or extension.
(Added by Stats. 1984, Ch. 1705, Sec. 5.)