reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section [1084.].

[1084.] The writ of mandamus may be denominated a writ of mandate.
(Amended by Stats. 2016, Ch. 86, Sec. 39. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1085.

1085. (a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person.
(b) The appellate division of the superior court may grant a writ of mandate directed to the superior court in a limited civil case or in a misdemeanor or infraction case. Where the appellate division grants a writ of mandate directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter.
(Amended by Stats. 2010, Ch. 212, Sec. 2. (AB 2767) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1085.5.

1085.5. Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture under Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Code, the procedure for issuance of a writ of mandate shall be in accordance with Chapter 1.5 (commencing with Section 5051) of Part 1 of Division 4 of that code.
(Amended by Stats. 1987, Ch. 1284, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1086.

1086. The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the verified petition of the party beneficially interested.
(Amended by Stats. 1907, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1087.

1087. The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and place then or thereafter specified by court order why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done as commanded must be omitted.
(Amended by Stats. 1963, Ch. 461.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1088.

1088. When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is allowed, the peremptory may be issued in the first instance. With the alternative writ and also with any notice of an intention to apply for the writ, there must be served on each person against whom the writ is sought a copy of the petition. The notice of the application, when given, must be at least ten days. The writ cannot be granted by default. The case must be heard by the court, whether the adverse party appears or not.
(Amended by Stats. 1907, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1088.5.

1088.5. In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for a writ at the time of filing, but proof of service of a copy of the filed petition must be lodged with the court prior to a hearing or any action by the court.
(Amended by Stats. 1983, Ch. 818, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1089.

1089. On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to the return and answer, then at the time provided by those rules, the party upon whom the writ or notice has been served may make a return by demurrer, verified answer or both. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. Nothing in this section affects rules of the Judicial Council governing original writ proceedings in reviewing courts.
(Amended by Stats. 1971, Ch. 1475.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1089.5.

1089.5. Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been filed with the petition or where no record of a proceeding is required, the respondent shall answer or otherwise respond within 30 days after service of the petition. However, where a record of the proceeding to be reviewed has been requested pursuant to Section 11523 of the Government Code, or otherwise, and has not been filed with the petition, the party upon whom the petition has been served, including any real party in interest, shall answer or otherwise respond within 30 days following receipt of a copy of the record.
(Amended by Stats. 1983, Ch. 818, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1090.

1090. If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had, and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for him.
(Amended by Stats. 1971, Ch. 1475.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1091.

1091. On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.
(Amended by Stats. 1971, Ch. 1475.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1092.

1092. The motion for new trial must be made in the Court in which the issue of fact is tried.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1093.

1093. If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the Court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial; after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1094.

1094. If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the argument of the case.
If a petition for a writ of mandate filed pursuant to Section 1088.5 presents no triable issue of fact or is based solely on an administrative record, the matter may be determined by the court by noticed motion of any party for a judgment on the peremptory writ.
(Amended by Stats. 1982, Ch. 193, Sec. 3. Effective May 5, 1982.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1095.

1095. If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and a peremptory mandate must also be awarded without delay. Damages and costs may be enforced in the manner provided for money judgments generally. In all cases where the respondent is an officer of a public entity, all damages and costs, or either, which may be recovered or awarded, shall be recovered and awarded against the public entity represented by the officer, and not against the officer so appearing in the proceeding, and are a proper claim against the public entity for which the officer appeared and shall be paid as other claims against the public entity are paid; but in all such cases, the court shall first determine that the officer appeared and made defense in the proceeding in good faith. For the purpose of this section, “public entity” includes the state, a county, city, district or other public agency or public corporation. For the purpose of this section, “officer” includes officer, agent or employee.
(Amended by Stats. 1982, Ch. 497, Sec. 73. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section 1096.

1096. The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a majority of the members of any Board or body, is service upon the Board or body, whether at the time of the service the Board or body was in session or not.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 2 - Writ of Mandate › Section [1097.].

[1097.] If a peremptory mandate has been issued and directed to an inferior tribunal, corporation, board, or person, and it appears to the court that a member of the tribunal, corporation, or board, or the person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the writ, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.
(Amended by Stats. 2016, Ch. 86, Sec. 40. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 3 - Writ of Prohibition › Section 1102.

1102. The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.
(Amended by Stats. 1955, Ch. 971.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 3 - Writ of Prohibition › Section 1103.

1103. (a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficially interested.
(b) The appellate division of the superior court may grant a writ of prohibition directed to the superior court in a limited civil case or in a misdemeanor or infraction case. Where the appellate division grants a writ of prohibition directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter.
(Amended by Stats. 2010, Ch. 212, Sec. 3. (AB 2767) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 3 - Writ of Prohibition › Section 1104.

1104. The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show cause before such court at a time and place then or thereafter specified by court order why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted.
(Amended by Stats. 1963, Ch. 461.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 3 - Writ of Prohibition › Section 1105.

1105. The provisions of the preceding Chapter, except of the first four sections thereof, apply to this proceeding.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 4 - Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers › Section 1107.

1107. When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest named in such application. The provisions of Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 shall apply to the service of the application. However, when a writ of mandate is sought pursuant to the provisions of Section 1088.5, the action may be filed and served in the same manner as an ordinary action under Part 2 (commencing with Section 307). Where the real party in respondent’s interest is a board or commission, the service shall be made upon the presiding officer, or upon the secretary, or upon a majority of the members, of the board or commission. Within five days after service and filing of the application, the real party in interest or the respondent or both may serve upon the applicant and file with the court points and authorities in opposition to the granting of the writ.
The court in which the application is filed, in its discretion and for good cause, may grant the application ex parte, without notice or service of the application as herein provided.
The provisions of this section shall not be applicable to applications for the writ of habeas corpus, or to applications for writs of review of the Industrial Accident or Public Utilities Commissions.
(Amended by Stats. 1982, Ch. 812, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 4 - Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers › Section 1108.

1108. Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time.
(Amended by Stats. 1967, Ch. 17.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 5 - Rules of Practice and Appeals › Section 1109.

1109. Except as otherwise provided in this Title, the provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 5 - Rules of Practice and Appeals › Section 1110.

1110. The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply to the proceedings mentioned in this Title.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 5 - Rules of Practice and Appeals › Section 1110a.

1110a. If an appeal be taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for irrigation purposes, such appeal shall not stay the operation of the order, judgment or writ as to the delivery of such water, but such water must until the final determination of said appeal be delivered as commanded by said writ; provided, that if any expense is necessary to be incurred by the defendant in connecting the water supply with the land to be irrigated, said defendant shall not be obliged to furnish water unless the plaintiff shall provide a bond in such sum as the court may fix, conditioned that in the event of the judgment being reversed, plaintiff will pay defendant the amount of the expense so incurred not exceeding the amount of said bond.
(Added by Stats. 1919, Ch. 358.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 1 - OF WRITS OF REVIEW, MANDATE, AND PROHIBITION › CHAPTER 5 - Rules of Practice and Appeals › Section 1110b.

1110b. If an appeal be taken from an order or judgment granting a writ of mandate the court granting the writ, or the appellate court, may direct that the appeal shall not operate as a stay of execution if it is satisfied upon the showing made by the petitioner that he will suffer irreparable damage in his business or profession if the execution is stayed.
(Added by Stats. 1941, Ch. 330.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 1 - Confession of Judgment Without Action › Section 1132.

1132. (a) A judgment by confession is unenforceable and may not be entered in any superior court.
(b) This section does not apply to a judgment by confession obtained or entered before January 1, 2023.
(Amended by Stats. 2022, Ch. 851, Sec. 1. (SB 688) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2 - Submitting a Controversy Without Action › Section 1138.

1138. Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The Court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2 - Submitting a Controversy Without Action › Section 1139.

1139. Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment roll.
(Amended by Stats. 1933, Ch. 745.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2 - Submitting a Controversy Without Action › Section 1140.

1140. The judgment may be enforced in the same manner as if it had been rendered in an action of the same jurisdictional classification in the same court, and is in the same manner subject to appeal.
(Amended by Stats. 1998, Ch. 931, Sec. 115. Effective September 28, 1998.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.10.

1141.10. (a) The Legislature finds and declares that litigation involving small civil cases can be so costly and complex that efficiently resolving these civil cases is difficult, and that the resulting delays and expenses may deny parties their right to a timely resolution of minor civil disputes. The Legislature further finds and declares that arbitration has proven to be an efficient and equitable method for resolving small civil cases, and that courts should encourage or require the use of arbitration for those actions whenever possible.
(b) It is the intent of the Legislature that:
(1) Arbitration hearings held pursuant to this chapter shall provide parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes.
(2) Arbitration hearings shall be as informal as possible and shall provide the parties themselves maximum opportunity to participate directly in the resolution of their disputes, and shall be held during nonjudicial hours whenever possible.
(3) Members of the State Bar selected to serve as arbitrators should have experience with cases of the type under dispute and are urged to volunteer their services without compensation whenever possible.
(Amended by Stats. 2003, Ch. 449, Sec. 9. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.11.

1141.11. (a) In each superior court with 18 or more judges, all nonexempt unlimited civil cases shall be submitted to arbitration under this chapter if the amount in controversy, in the opinion of the court, will not exceed fifty thousand dollars ($50,000) for each plaintiff.
(b) In each superior court with fewer than 18 judges, the court may provide by local rule, when it determines that it is in the best interests of justice, that all nonexempt, unlimited civil cases shall be submitted to arbitration under this chapter if the amount in controversy, in the opinion of the court, will not exceed fifty thousand dollars ($50,000) for each plaintiff.
(c) Each superior court may provide by local rule, when it is determined to be in the best interests of justice, that all nonexempt, limited civil cases shall be submitted to arbitration under this chapter. This section does not apply to any action in small claims court, or to any action maintained pursuant to Section 1781 of the Civil Code or Section 1161.
(d) (1) In each court that has adopted judicial arbitration pursuant to subdivision (c), all limited civil cases that involve a claim for money damages against a single defendant as a result of a motor vehicle collision, except those heard in the small claims division, shall be submitted to arbitration within 120 days of the filing of the defendant’s answer to the complaint (except as may be extended by the court for good cause) before an arbitrator selected by the court.
(2) The court may provide by local rule for the voluntary or mandatory use of case questionnaires, established under Section 93, in any proceeding subject to these provisions. Where local rules provide for the use of case questionnaires, the questionnaires shall be exchanged by the parties upon the defendant’s answer and completed and returned within 60 days.
(3) For the purposes of this subdivision, the term “single defendant” means any of the following:
(A) An individual defendant, whether a person or an entity.
(B) Two or more persons covered by the same insurance policy applicable to the motor vehicle collision.
(C) Two or more persons residing in the same household when no insurance policy exists that is applicable to the motor vehicle collision.
(4) The naming of one or more cross-defendants, not a plaintiff, shall constitute a multiple-defendant case not subject to the provisions of this subdivision.
(Amended by Stats. 2003, Ch. 449, Sec. 10. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.12.

1141.12. In all superior courts, the Judicial Council shall provide by rule for a uniform system of arbitration of the following causes:
(a) Any cause, regardless of the amount in controversy, upon stipulation of the parties.
(b) Upon filing of an election by the plaintiff, any cause in which the plaintiff agrees that the arbitration award shall not exceed the amount in controversy as specified in Section 1141.11.
(Amended by Stats. 2003, Ch. 449, Sec. 11. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.13.

1141.13. This chapter shall not apply to any civil action which includes a prayer for equitable relief, except that if the prayer for equitable relief is frivolous or insubstantial, this chapter shall be applicable.
(Added by Stats. 1978, Ch. 743.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.14.

1141.14. Notwithstanding any other provision of law except the provisions of this chapter, the Judicial Council shall provide by rule for practice and procedure for all actions submitted to arbitration under this chapter. The Judicial Council rules shall provide for and conform with the provisions of this chapter.
(Added by Stats. 1978, Ch. 743.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.15.

1141.15. The Judicial Council rules shall provide exceptions for cause to arbitration pursuant to subdivision (a), (b), or (c) of Section 1141.11. In providing for such exceptions, the Judicial Council shall take into consideration whether the civil action might not be amenable to arbitration.
(Added by Stats. 1978, Ch. 743.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.16.

1141.16. (a) The determination of the amount in controversy, under subdivision (a) or (b) of Section 1141.11, shall be made by the court and the case referred to arbitration after all named parties have appeared or defaulted. The determination shall be made at a case management conference or based upon review of the written submissions of the parties, as provided in rules adopted by the Judicial Council. The determination shall be based on the total amount of damages, and the judge may not consider questions of liability or comparative negligence or any other defense. At that time the court shall also make a determination whether any prayer for equitable relief is frivolous or insubstantial. The determination of the amount in controversy and whether any prayer for equitable relief is frivolous or insubstantial may not be appealable. No determination pursuant to this section shall be made if all parties stipulate in writing that the amount in controversy exceeds the amount specified in Section 1141.11.
(b) The determination and any stipulation of the amount in controversy shall be without prejudice to any finding on the value of the case by an arbitrator or in a subsequent trial de novo.
(c) Except as provided in this section, the arbitration hearing may not be held until 210 days after the filing of the complaint, or 240 days after the filing of a complaint if the parties have stipulated to a continuance pursuant to subdivision (d) of Section 68616 of the Government Code. A case shall be submitted to arbitration at an earlier time upon any of the following:
(1) The stipulation of the parties to an earlier arbitration hearing.
(2) The written request of all plaintiffs, subject to a motion by a defendant for good cause shown to delay the arbitration hearing.
(3) An order of the court if the parties have stipulated, or the court has ordered under Section 1141.24, that discovery other than that permitted under Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4 will be permitted after the arbitration award is rendered.
(Amended by Stats. 2004, Ch. 182, Sec. 14. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.17.

1141.17. (a) Submission of an action to arbitration pursuant to this chapter shall not suspend the running of the time periods specified in Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2, except as provided in this section.
(b) If an action is or remains submitted to arbitration pursuant to this chapter more than four years and six months after the plaintiff has filed the action, then the time beginning on the date four years and six months after the plaintiff has filed the action and ending on the date on which a request for a de novo trial is filed under Section 1141.20 shall not be included in computing the five-year period specified in Section 583.310.
(Amended by Stats. 1984, Ch. 1705, Sec. 6.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.18.

1141.18. (a) Arbitrators shall be retired judges, retired court commissioners who were licensed to practice law prior to their appointment as a commissioner, or members of the State Bar, and shall sit individually. A judge may also serve as an arbitrator without compensation. People who are not attorneys may serve as arbitrators upon the stipulation of all parties.
(b) The Judicial Council rules shall provide for the compensation, if any, of arbitrators. Compensation for arbitrators may not be less than one hundred fifty dollars ($150) per case, or one hundred fifty dollars ($150) per day, whichever is greater. A superior court may set a higher level of compensation for that court. Arbitrators may waive compensation in whole or in part. No compensation shall be paid before the filing of the award by the arbitrator, or before the settlement of the case by the parties.
(c) In cases submitted to arbitration under Section 1141.11 or 1141.12, an arbitrator shall be assigned within 30 days from the time of submission to arbitration.
(d) Any party may request the disqualification of the arbitrator selected for his or her case on the grounds and by the procedures specified in Section 170.1 or 170.6. A request for disqualification of an arbitrator on grounds specified in Section 170.6 shall be made within five days of the naming of the arbitrator. An arbitrator shall disqualify himself or herself, upon demand of any party to the arbitration made before the conclusion of the arbitration proceedings on any of the grounds specified in Section 170.1.
(Amended by Stats. 2003, Ch. 449, Sec. 13. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.19.

1141.19. Arbitrators approved pursuant to this chapter shall have the powers necessary to perform duties pursuant to this chapter as prescribed by the Judicial Council.
(Added by Stats. 1978, Ch. 743.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.19.5.

1141.19.5. In any arbitration proceeding under this chapter, no party may require the production of evidence specified in subdivision (a) of Section 3295 of the Civil Code at the arbitration, unless the court enters an order permitting pretrial discovery of that evidence pursuant to subdivision (c) of Section 3295 of the Civil Code.
(Amended by Stats. 1994, Ch. 327, Sec. 1. Effective January 1, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.20.

1141.20. (a) An arbitration award shall be final unless a request for a de novo trial or a request for dismissal in the form required by the Judicial Council is filed within 60 days after the date the arbitrator files the award with the court.
(b) Any party may elect to have a de novo trial, by court or jury, both as to law and facts. Such trial shall be calendared, insofar as possible, so that the trial shall be given the same place on the active list as it had prior to arbitration, or shall receive civil priority on the next setting calendar.
(Amended by Stats. 2011, Ch. 49, Sec. 3. (SB 731) Effective January 1, 2012.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.21.

1141.21. (a) (1) If the judgment upon the trial de novo is not more favorable in either the amount of damages awarded or the type of relief granted for the party electing the trial de novo than the arbitration award, the court shall order that party to pay the following nonrefundable costs and fees, unless the court finds in writing and upon motion that the imposition of these costs and fees would create such a substantial economic hardship as not to be in the interest of justice:
(A) To the court, the compensation actually paid to the arbitrator, less any amount paid pursuant to subparagraph (D).
(B) To the other party or parties, all costs specified in Section 1033.5, and the party electing the trial de novo shall not recover his or her costs.
(C) To the other party or parties, the reasonable costs of the services of expert witnesses, who are not regular employees of any party, actually incurred or reasonably necessary in the preparation or trial of the case.
(D) To the other party or parties, the compensation paid by the other party or parties to the arbitrator, pursuant to subdivision (b) of Section 1141.28.
(2) Those costs and fees, other than the compensation of the arbitrator, shall include only those incurred from the time of election of the trial de novo.
(b) If the party electing the trial de novo has proceeded in the action in forma pauperis and has failed to obtain a more favorable judgment, the costs and fees under subparagraphs (B) and (C) of paragraph (1) of subdivision (a) shall be imposed only as an offset against any damages awarded in favor of that party.
(c) If the party electing the trial de novo has proceeded in the action in forma pauperis and has failed to obtain a more favorable judgment, the costs under subparagraph (A) of paragraph (1) of subdivision (a) shall be imposed only to the extent that there remains a sufficient amount in the judgment after the amount offset under subdivision (b) has been deducted from the judgment.
(Amended by Stats. 2006, Ch. 538, Sec. 66. Effective January 1, 2007.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.22.

1141.22. The Judicial Council rules shall specify the grounds upon which the arbitrator or the court, or both, may correct, modify or vacate an award.
(Added by Stats. 1978, Ch. 743.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.23.

1141.23. The arbitration award shall be in writing, signed by the arbitrator and filed in the court in which the action is pending. If there is no request for a de novo trial or a request for dismissal in the form required by the Judicial Council and the award is not vacated, the award shall be entered in the judgment book in the amount of the award. Such award shall have the same force and effect as a judgment in any civil action or proceeding, except that it is not subject to appeal and it may not be attacked or set aside except as provided by Section 473, 1286.2, or Judicial Council rule.
(Amended by Stats. 2011, Ch. 49, Sec. 4. (SB 731) Effective January 1, 2012.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.24.

1141.24. In cases ordered to arbitration pursuant to Section 1141.11, no discovery other than that permitted by Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4 is permissible after an arbitration award except by stipulation of the parties or by leave of court upon a showing of good cause.
(Amended by Stats. 2004, Ch. 182, Sec. 15. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.25.

1141.25. Any reference to the arbitration proceedings or arbitration award during any subsequent trial shall constitute an irregularity in the proceedings of the trial for the purposes of Section 657.
(Added by Stats. 1978, Ch. 743.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.26.

1141.26. Nothing in this act shall prohibit an arbitration award in excess of the amount in controversy as specified in Section 1141.11. No party electing a trial de novo after such award shall be subject to the provisions of Section 1141.21 if the judgment upon the trial de novo is in excess of the amount in controversy as specified in Section 1141.11.
(Amended by Stats. 1981, Ch. 1110, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.27.

1141.27. This chapter shall apply to any civil action otherwise within the scope of this chapter in which a party to the action is a public agency or public entity.
(Added by Stats. 1978, Ch. 743.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.28.

1141.28. (a) All administrative costs of arbitration, including compensation of arbitrators, shall be paid for by the court in which the arbitration costs are incurred, except as otherwise provided in subdivision (b) and in Section 1141.21.
(b) The actual costs of compensation of arbitrators in any proceeding which would not otherwise be subject to the provisions of this chapter but in which arbitration is conducted pursuant to this chapter solely because of the stipulation of the parties, shall be paid for in equal shares by the parties. If the imposition of these costs would create such a substantial economic hardship for any party as not to be in the interest of justice, as determined by the arbitrator, that party’s share of costs shall be paid for by the court in which the arbitration costs are incurred. The determination as to substantial economic hardship may be reviewed by the court.
(Amended by Stats. 2000, Ch. 447, Sec. 3. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.30.

1141.30. This chapter shall not be construed in derogation of Title 9 (commencing with Section 1280) of Part 3, and, to that extent, this chapter and that title, other than Section 1280.1, are mutually exclusive and independent of each other.
(Amended (as added by Stats. 1978, Ch. 743) by Stats. 1990, Ch. 817, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 2.5 - Judicial Arbitration › Section 1141.31.

1141.31. The provisions of this chapter shall become operative July 1, 1979, except that the Judicial Council shall adopt the arbitration rules for practice and procedures on or before March 31, 1979.
(Added by Stats. 1978, Ch. 743.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases › Section 1159.

1159. (a) Every person is guilty of a forcible entry who either:
(1) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property.
(2) Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.
(b) For purposes of this section, “party in possession” means any person who hires real property and includes a boarder or lodger, except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.
(Amended by Stats. 2018, Ch. 92, Sec. 42. (SB 1289) Effective January 1, 2019.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases › Section 1160.

1160. (a) Every person is guilty of a forcible detainer who either:
(1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise.
(2) Who, in the night-time, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant.
(b) The occupant of real property, within the meaning of this section is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands.
(Amended by Stats. 2018, Ch. 92, Sec. 43. (SB 1289) Effective January 1, 2019.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 3 - OF SUMMARY PROCEEDINGS › CHAPTER 4 - Summary Proceedings for Obtaining Possession of Real Property in Certain Cases › Section 1161.2.5.

1161.2.5. (a) (1) Except as provided in Section 1161.2, the clerk shall allow access to civil case records for actions seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, including the court file, index, and register of actions, only as follows:
(A) To a party to the action, including a party’s attorney.
(B) To a person who provides the clerk with the names of at least one plaintiff and one defendant.
(C) To a resident of the premises for which the COVID-19 rental debt is owed who provides the clerk with the name of one of the parties or the case number and shows proof of residency.
(D) To a person by order of the court, which may be granted ex parte, on a showing of good cause.
(2) To give the court notice that access to the records in an action is limited, any complaint or responsive pleading in a case subject to this section shall include on either the first page of the pleading or a cover page, the phrase “ACTION FOR RECOVERY OF COVID-19 RENTAL DEBT AS DEFINED UNDER SECTION 1179.02” in bold, capital letters, in 12 point or larger font.
(3) The Judicial Council shall develop forms for parties to utilize in actions brought pursuant to Section 116.223 and in civil actions for recovery of COVID-19 rental debt as defined in Section 1179.02. The forms shall provide prominent notice on the first page that access to the records in the case is limited pursuant to this section.
(b) (1) For purposes of this section, “good cause” includes, but is not limited to, both of the following:
(A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code.
(B) The gathering of evidence by a party to a civil action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code.
(2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a).
(c) This section does not alter any provision of the Evidence Code.
(Amended by Stats. 2021, Ch. 27, Sec. 13. (AB 832) Effective June 28, 2021.)