reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1021.7.

1021.7. In any action for damages arising out of the performance of a peace officer’s duties, brought against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or against a public entity employing a peace officer or in an action for libel or slander brought pursuant to Section 45 or 46 of the Civil Code, the court may, in its discretion, award reasonable attorney’s fees to the defendant or defendants as part of the costs, upon a finding by the court that the action was not filed or maintained in good faith and with reasonable cause.
(Added by Stats. 1981, Ch. 980, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1021.8.

1021.8. (a) Whenever the Attorney General prevails in a civil action to enforce Section 17537.3, 22445, 22446.5, 22958, 22962, or 22963 of the Business and Professions Code, Section 52, 52.1, 55.1, or 3494 of the Civil Code, the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code) or the California Commodity Law of 1990 (Division 4.5 (commencing with Section 29500) of Title 4 of the Corporations Code), Section 1615, 2014, or 5650.1 of the Fish and Game Code, Section 4458, 12598, 12606, 12607, 12989.3, 16147, 66640, 66641, or 66641.7 of the Government Code, Section 13009, 13009.1, 19958.5, 25299, 39674, 41513, 42402, 42402.1, 42402.2, 42402.3, 42402.4, 43016, 43017, 43154, 104557, or 118950 of the Health and Safety Code, Section 308.1 or 308.3 of the Penal Code, Section 2774.1, 4601.1, 4603, 4605, 30820, 30821.6, 30822, 42847, or 48023 of the Public Resources Code, Section 30101.7 of the Revenue and Taxation Code, or Section 275, 1052, 1845, 13261, 13262, 13264, 13265, 13268, 13304, 13331, 13350, or 13385, or Part 1 (commencing with Section 6000) of Division 3, of the Water Code, the court shall award to the Attorney General all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs. Awards under this section shall be paid to the Public Rights Law Enforcement Special Fund established by Section 12530 of the Government Code.
(b) This section applies to any action pending on the effective date of this section and to any action filed thereafter.
(c) The amendments made to this section by Chapter 227 of the Statutes of 2004 shall apply to any action pending on the effective date of these amendments and to any action filed thereafter.
(Amended by Stats. 2023, Ch. 51, Sec. 3. (SB 122) Effective July 10, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1021.9.

1021.9. In any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the raising of livestock, the prevailing plaintiff shall be entitled to reasonable attorney’s fees in addition to other costs, and in addition to any liability for damages imposed by law.
(Added by Stats. 1986, Ch. 1381, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1021.10.

1021.10. Notwithstanding any other provision of law, in an action brought in the name of the people of the State of California against any person for failure to comply with Chapter 10A (commencing with Section 375) of Title 15 of the United States Code, otherwise known as the “Jenkins Act,” the court, to the extent not expressly prohibited by federal law, shall award fees and costs, including reasonable attorney’s fees, to the people if the people succeed on any claim to enforce the Jenkins Act. Any attorney’s fees awarded under this section shall be in addition to any other remedies or penalties available under all other laws of this state.
(Added by Stats. 2002, Ch. 686, Sec. 2. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1021.11.

1021.11. (a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, a governmental entity or public official in this state, or a person in this state from enforcing any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts firearms, or that represents any litigant seeking that relief, is jointly and severally liable to pay the attorney’s fees and costs of the prevailing party.
(b) For purposes of this section, a party is considered a prevailing party if a court does either of the following:
(1) Dismisses any claim or cause of action brought by the party seeking the declaratory or injunctive relief described by subdivision (a), regardless of the reason for the dismissal.
(2) Enters judgment in favor of the party opposing the declaratory or injunctive relief described by subdivision (a), on any claim or cause of action.
(c) Regardless of whether a prevailing party sought to recover attorney’s fees or costs in the underlying action, a prevailing party under this section may bring a civil action to recover attorney’s fees and costs against a person, including an entity, attorney, or law firm, that sought declaratory or injunctive relief described by subdivision (a) not later than the third anniversary of the date on which, as applicable:
(1) The dismissal or judgment described by subdivision (b) becomes final upon the conclusion of appellate review.
(2) The time for seeking appellate review expires.
(d) None of the following are a defense to an action brought under subdivision (c):
(1) A prevailing party under this section failed to seek recovery of attorney’s fees or costs in the underlying action.
(2) The court in the underlying action declined to recognize or enforce the requirements of this section.
(3) The court in the underlying action held that any provision of this section is invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.
(e) Any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief as described in subdivision (a), shall not be deemed a prevailing party under this section or any other provision of this chapter.
(Added by Stats. 2022, Ch. 146, Sec. 2. (SB 1327) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1022.

1022. When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs can be allowed to the plaintiff in more than one of such actions, which may be at his election, if the party proceeded against in the other actions were, at the commencement of the previous action, openly within this State; but the disbursements of the plaintiff must be allowed to him in each action.
(Added by renumbering Section 1023 by Stats. 1933, Ch. 744.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1023.

1023. The fees of referees are such reasonable sum as the court may fix for the time spent in the business of the reference; but the parties may agree, in writing, upon any other rate of compensation, and thereupon such rates shall be allowed.
(Amended by Stats. 1953, Ch. 795.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1024.

1024. When an application is made to the court or referee to postpone a trial, the payment of the expenses occasioned by the postponement may be imposed, in the discretion of the court or referee, as a condition of granting the same.
(Amended by Stats. 1986, Ch. 377, Sec. 3.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1025.

1025. When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for plaintiff, the amount so tendered, and the allegation is found to be true, the plaintiff can not recover costs, but must pay costs to the defendant.
(Added by renumbering Section 1030 by Stats. 1933, Ch. 744.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1026.

1026. (a) Except as provided in subdivision (b), in an action prosecuted or defended by a personal representative, trustee of an express trust, guardian, conservator, or a person expressly authorized by statute, costs may be recovered as in an action by or against a person prosecuting or defending in the person’s own right.
(b) Costs allowed under subdivision (a) shall, by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court directs the costs to be paid by the fiduciary personally for mismanagement or bad faith in the action or defense.
(Amended by Stats. 1988, Ch. 1199, Sec. 8. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1027.

1027. When the decision of a court of inferior jurisdiction in a special proceeding is brought before a court of higher jurisdiction for a review, in any other way than by appeal, the same costs must be allowed as in cases on appeal, and may be collected in the manner provided for enforcement of money judgments generally, or in such manner as the court may direct, according to the nature of the case.
(Amended by Stats. 1982, Ch. 497, Sec. 68. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1028.

1028. Notwithstanding any other provisions of law, when the State is a party, costs shall be awarded against it on the same basis as against any other party and, when awarded, must be paid out of the appropriation for the support of the agency on whose behalf the State appeared.
(Amended by Stats. 1943, Ch. 165.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1029.

1029. When any county, city, district, or other public agency or entity, or any officer thereof in his official capacity, is a party, costs shall be awarded against it on the same basis as against any other party and, when awarded, must be paid out of the treasury thereof.
(Amended by Stats. 1945, Ch. 217.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1029.5.

1029.5. (a) Whenever a complaint for damages is filed against any architect, landscape architect, engineer, building designer, or land surveyor, duly licensed as such under the laws of this state, in an action for error, omission, or professional negligence in the creation and preparation of plans, specifications, designs, reports or surveys which are the basis for work performed or agreed to be performed on real property, any such defendant may, within 30 days after service of summons, move the court for an order, upon notice and hearing, requiring the plaintiff to file an undertaking in a sum not to exceed five hundred dollars ($500) as security for the costs of defense as provided in subdivision (d), which may be awarded against the plaintiff. The motion shall be supported by affidavit showing that the claim against the defendant is frivolous.
At the hearing upon the motion, the court shall order the plaintiff to file the undertaking if the defendant shows to the satisfaction of the court that (i) the plaintiff would not suffer undue economic hardship in filing the undertaking, and (ii) there is no reasonable possibility that the plaintiff has a cause of action against each named defendant with respect to whom the plaintiff would otherwise be required to file the undertaking. No appeal shall be taken from any order made pursuant to this subdivision to file or not to file the undertaking.
A determination by the court that the undertaking either shall or shall not be filed or shall be filed as to one or more defendants and not as to others, shall not be deemed a determination of any one or more issues in the action or of the merits thereof. If the court, upon any such motion, makes a determination that an undertaking be filed by the plaintiff as to any one or more defendants, the action shall be dismissed as to the defendant or defendants, unless the undertaking required by the court has been filed within such reasonable time as may be fixed by the court.
(b) This section does not apply to a complaint for bodily injury or for wrongful death, nor to an action commenced in a small claims court.
(c) Whenever more than one such defendant is named, the undertaking shall be increased to the extent of not to exceed five hundred dollars ($500) for each additional defendant in whose favor the undertaking is ordered not to exceed the total of three thousand dollars ($3,000).
(d) In any action requiring an undertaking as provided in this section, upon the dismissal of the action or the award of judgment to the defendant, the court shall require the plaintiff to pay the defendant’s costs of defense authorized by law. Any sureties shall be liable for such costs in an amount not to exceed the sum of five hundred dollars ($500) or the amount of the undertaking, whichever is lesser, for each defendant with respect to whom the sureties have executed an undertaking.
(Amended by Stats. 1982, Ch. 517, Sec. 162.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1029.8.

1029.8. (a) Any unlicensed person who causes injury or damage to another person as a result of providing goods or performing services for which a license is required under Division 2 (commencing with Section 500) or any initiative act referred to therein, Division 3 (commencing with Section 5000), or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8, of the Business and Professions Code, or Chapter 2 (commencing with Section 25210) or Chapter 3 (commencing with Section 25230) of Part 3 of Division 1 of Title 4 of the Corporations Code, shall be liable to the injured person for treble the amount of damages assessed in a civil action in any court having proper jurisdiction. The court may, in its discretion, award all costs and attorney’s fees to the injured person if that person prevails in the action.
(b) This section shall not be construed to confer an additional cause of action or to affect or limit any other remedy, including, but not limited to, a claim for exemplary damages.
(c) The additional damages provided for in subdivision (a) shall not exceed ten thousand dollars ($10,000).
(d) For the purposes of this section, the term “unlicensed person” shall not apply to any of the following:
(1) Any person, partnership, corporation, or other entity providing goods or services under the good faith belief that they are properly licensed and acting within the proper scope of that licensure.
(2) Any person, partnership, corporation, or other entity whose license has expired for nonpayment of license renewal fees, but who is eligible to renew that license without the necessity of applying and qualifying for an original license.
(3) Any person, partnership, or corporation licensed under Chapter 6 (commencing with Section 2700) or Chapter 6.5 (commencing with Section 2840) of the Business and Professions Code, who provides professional nursing services under an existing license, if the action arises from a claim that the licensee exceeded the scope of practice authorized by his or her license.
(e) This section shall not apply to any action for unfair trade practices brought against an unlicensed person under Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code, by a person who holds a license that is required, or closely related to the license that is required, to engage in those activities performed by the unlicensed person.
(Amended by Stats. 2004, Ch. 575, Sec. 1. Effective January 1, 2005.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1030.

1030. (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney’s fees” means reasonable attorney’s fees a party may be authorized to recover by a statute apart from this section or by contract.
(b) The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. The motion shall be accompanied by an affidavit in support of the grounds for the motion and by a memorandum of points and authorities. The affidavit shall set forth the nature and amount of the costs and attorney’s fees the defendant has incurred and expects to incur by the conclusion of the action or special proceeding.
(c) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court’s order as security for costs and attorney’s fees.
(d) The plaintiff shall file the undertaking not later than 30 days after service of the court’s order requiring it or within a greater time allowed by the court. If the plaintiff fails to file the undertaking within the time allowed, the plaintiff’s action or special proceeding shall be dismissed as to the defendant in whose favor the order requiring the undertaking was made.
(e) If the defendant’s motion for an order requiring an undertaking is filed not later than 30 days after service of summons on the defendant, further proceedings may be stayed in the discretion of the court upon application to the court by the defendant by noticed motion for the stay until 10 days after the motion for the undertaking is denied or, if granted, until 10 days after the required undertaking has been filed and the defendant has been served with a copy of the undertaking. The hearing on the application for the stay shall be held not later than 60 days after service of the summons. If the defendant files a motion for an order requiring an undertaking, which is granted but the defendant objects to the undertaking, the court may in its discretion stay the proceedings not longer than 10 days after a sufficient undertaking has been filed and the defendant has been served with a copy of the undertaking.
(f) The determinations of the court under this section have no effect on the determination of any issues on the merits of the action or special proceeding and may not be given in evidence nor referred to in the trial of the action or proceeding.
(g) An order granting or denying a motion for an undertaking under this section is not appealable.
(Amended by Stats. 1988, Ch. 189, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1031.

1031. In actions for the recovery of wages for labor performed, where the amount of the demand, exclusive of interest, does not exceed three hundred dollars ($300), the court shall add, as part of the cost, in any judgment recovered by the plaintiff or cross-complainant, an attorney’s fee not exceeding 20 percent of the amount recovered.
(Amended by Stats. 1986, Ch. 377, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1032.

1032. (a) As used in this section, unless the context clearly requires otherwise:
(1) “Complaint” includes a cross-complaint.
(2) “Defendant” includes a cross-defendant, a person against whom a complaint is filed, or a party who files an answer in intervention.
(3) “Plaintiff” includes a cross-complainant or a party who files a complaint in intervention.
(4) “Prevailing party” includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the “prevailing party” shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.
(b) Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.
(c) Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034.
(Amended by Stats. 2017, Ch. 131, Sec. 2. (AB 1693) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1033.

1033. (a) Costs or any portion of claimed costs shall be as determined by the court in its discretion in a case other than a limited civil case in accordance with Section 1034 where the prevailing party recovers a judgment that could have been rendered in a limited civil case.
(b) When a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as the maximum limitation upon the jurisdiction of the small claims court, the following shall apply:
(1) When the party could have brought the action in the small claims division but did not do so, the court may, in its discretion, allow or deny costs to the prevailing party, or may allow costs in part in any amount as it deems proper.
(2) When the party could not have brought the action in the small claims court, costs and necessary disbursements shall be limited to the actual cost of the filing fee, the actual cost of service of process, and, when otherwise specifically allowed by law, reasonable attorneys’ fees. However, those costs shall only be awarded to the plaintiff if the court is satisfied that prior to the commencement of the action, the plaintiff informed the defendant in writing of the intended legal action against the defendant and that legal action could result in a judgment against the defendant that would include the costs and necessary disbursements allowed by this paragraph.
(Amended by Stats. 1998, Ch. 931, Sec. 107. Effective September 28, 1998.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1034.

1034. (a) Prejudgment costs allowable under this chapter shall be claimed and contested in accordance with rules adopted by the Judicial Council.
(b) The Judicial Council shall establish by rule allowable costs on appeal and the procedure for claiming those costs.
(Repealed and added by Stats. 1986, Ch. 377, Sec. 15.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1034.5.

1034.5. In unlawful detainer proceedings, the plaintiff who recovers judgment for possession of premises, and who advances or pays to the sheriff or marshal the expenses required for the eviction of any persons in possession or occupancy of the premises and the personal property of such persons, shall, after being advised by the sheriff or marshal of the exact amount necessarily used and expended to effect the eviction, be allowed to file a request for the same pursuant to rules adopted by the Judicial Council.
(Amended by Stats. 1986, Ch. 377, Sec. 16.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1036.

1036. In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, or the attorney representing the public entity who effects a settlement of that proceeding, shall determine and award or allow to the plaintiff, as a part of that judgment or settlement, a sum that will, in the opinion of the court, reimburse the plaintiff’s reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of that proceeding in the trial court or in any appellate proceeding in which the plaintiff prevails on any issue in that proceeding.
(Amended by Stats. 1995, Ch. 181, Sec. 1. Effective January 1, 1996.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1038.

1038. (a) In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross-defendant, shall, at the time of the granting of any summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or any nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, or at a later time set forth by rule of the Judicial Council adopted under Section 1034, determine whether or not the plaintiff, petitioner, cross-complainant, or intervenor brought the proceeding with reasonable cause and in the good faith belief that there was a justifiable controversy under the facts and law which warranted the filing of the complaint, petition, cross-complaint, or complaint or answer in intervention. If the court should determine that the proceeding was not brought in good faith and with reasonable cause, an additional issue shall be decided as to the defense costs reasonably and necessarily incurred by the party or parties opposing the proceeding, and the court shall render judgment in favor of that party in the amount of all reasonable and necessary defense costs, in addition to those costs normally awarded to the prevailing party. An award of defense costs under this section shall not be made except on notice contained in a party’s papers and an opportunity to be heard.
(b) “Defense costs,” as used in this section, shall include reasonable attorney’s fees, expert witness fees, the expense of services of experts, advisers, and consultants in defense of the proceeding, and where reasonably and necessarily incurred in defending the proceeding.
(c) This section shall be applicable only on motion made before the discharge of the jury or entry of judgment, and any party requesting the relief pursuant to this section waives any right to seek damages for malicious prosecution. Failure to make the motion shall not be deemed a waiver of the right to pursue a malicious prosecution action.
(d) This section shall only apply if the defendant or cross-defendant has made a motion for summary judgment, judgment under Section 631.8, directed verdict, or nonsuit and the motion is granted.
(Amended by Stats. 2017, Ch. 131, Sec. 3. (AB 1693) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 7 - General Provisions › Section 1046.

1046. An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refers to the action or proceeding.
(Amended by Stats. 1981, Ch. 714, Sec. 71.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 7 - General Provisions › Section 1046a.

1046a. In all cases brought under the provisions of any act providing for the establishment and quieting of title to real property in cases where the public records in the office of the county recorder have been, or shall hereafter be, lost or destroyed, in whole or in any material part by flood, fire or earthquake, all papers filed under order of court nunc pro tunc as of the date when they should have been filed, shall have the same force and effect as if filed on the date when they should have been filed.
(Added by Stats. 1909, Ch. 686.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 7 - General Provisions › Section 1048.

1048. (a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
(b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.
(Amended by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 7 - General Provisions › Section 1049.

1049. An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 7 - General Provisions › Section 1050.

1050. An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 7 - General Provisions › Section 1053.

1053. When there are three referees all must meet, but two of them may do any act which might be done by all.
(Amended by Stats. 1961, Ch. 461.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 7 - General Provisions › Section 1054.

1054. (a) When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal and of intention to move for a new trial, the time allowed therefor, unless otherwise expressly provided, may be extended, upon good cause shown, by the judge of the court in which the action is pending, or by the judge who presided at the trial of the action; but the extension so allowed shall not exceed 30 days, without the consent of the adverse party.
(b) In all cases in which the court or judge is authorized by this section to grant an extension of time, the extension of time shall be granted when all attorneys of record of parties who have appeared in the action agree in writing to the extension of time, and any extension of time previously granted by stipulation of all attorneys of record of parties who have appeared in the action shall not be included in the computation of the 30-day limitation upon extensions of time allowed by the court or judge.
(Amended by Stats. 1982, Ch. 517, Sec. 168.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 7 - General Provisions › Section 1055.

1055. If an action is brought against any officer or person for an act for the doing of which he had theretofore received any valid bond or convenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed such bond or covenant, and permits them to conduct the defense of such action, the judgment recovered therein is conclusive evidence against the persons so notified; and the court may, on motion of the defendant, upon notice of five days, and upon proof of such bond or covenant, and of such notice and permission, enter judgment against them for the amount so recovered and costs.
(Amended by Stats. 1907, Ch. 246.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 8 - Declaratory Relief › Section 1060.

1060. Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises, including a determination of any question of construction or validity arising under the instrument or contract. He or she may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding declaration of these rights or duties, whether or not further relief is or could be claimed at the time. The declaration may be either affirmative or negative in form and effect, and the declaration shall have the force of a final judgment. The declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought.
(Amended by Stats. 2002, Ch. 784, Sec. 73. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 8 - Declaratory Relief › Section 1060.5.

1060.5. Any individual claiming to be a nonresident of the State of California for the purposes of the Personal Income Tax Law may commence an action in the Superior Court in the County of Sacramento, or in the County of Los Angeles, or in the City and County of San Francisco, against the Franchise Tax Board to determine the fact of his or her residence in this state under the conditions and circumstances set forth in Section 19381 of the Revenue and Taxation Code.
(Amended by Stats. 1996, Ch. 952, Sec. 1. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 8 - Declaratory Relief › Section 1061.

1061. The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances.
(Added by Stats. 1921, Ch. 463.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 8 - Declaratory Relief › Section 1062.

1062. The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party to such action, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts.
(Added by Stats. 1921, Ch. 463.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 8 - Declaratory Relief › Section 1062.3.

1062.3. (a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law.
(b) Any action brought under the provisions of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take such precedence only upon noticed motion and a showing that the action requires a speedy trial.
(Added by renumbering Section 1062a by Stats. 1980, Ch. 676, Sec. 66.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 8 - Declaratory Relief › Section 1062.5.

1062.5. Any insurer who issues policies of professional liability insurance to health care providers for professional negligence, as defined in Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session, any health care provider covered by such a policy, or any potentially aggrieved person, may bring an action in the superior court for a declaration of its, his, or her rights, duties, and obligations under Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session.
The court shall permit any of the following persons to intervene in the action:
(1) The Attorney General.
(2) Any other person whose appearance is determined by the court to be essential to a complete determination or settlement of any issues in the action.
The action shall be commenced in the superior court in the county in which the Attorney General is required to reside and keep his office pursuant to Section 1060 of the Government Code.
The action shall be set for trial at the earliest possible date and shall take precedence over all cases other than those in which the state is a party.
The court may make a binding declaration of the rights, duties, and obligations of the insurer, whether or not further relief is or could be claimed at the time. The declaration may be affirmative or negative in form and effect and shall have the force and effect of a final judgment.
If the declaration is appealed, the appeal shall be given precedence in the court of appeal and Supreme Court and placed on the calendar in the order of its date of issue immediately following cases in which the state is a party.
The remedy established by this section is cumulative, and shall not be construed as restricting any remedy established for the benefit of any party to the action by any other provision of law. No declaration under this section shall preclude any party from obtaining additional relief based upon the same facts.
(Added by Stats. 1979, Ch. 373.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 9 - Actions to Enforce Real Property and Mobilehome Sales Agreements › Section 1062.10.

1062.10. No person or legal entity may maintain an action in any court in this state to enforce the terms of a real property sales contract as defined in Section 2985 of the Civil Code or a conditional sale contract on a mobilehome subject to local property taxation and subject to Division 13 (commencing with Section 18000) of Part 2 of the Health and Safety Code, providing for a change in ownership of real property or of a mobilehome subject to local property taxation until the agreement is duly recorded by the county recorder or the change-in-ownership statement required by Section 480 of the Revenue and Taxation Code is filed as provided in that section.
This section shall apply to the enforcement of those agreements which are alleged to have transferred ownership of real property or of a mobilehome subject to property taxation which are entered into after January 1, 1986.
(Amended by Stats. 1986, Ch. 62, Sec. 1. Effective April 23, 1986.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 10 - Computer Assistance › Section 1062.20.

1062.20. (a) In accordance with rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in the following civil actions:
(1) Enforcement of court orders, including orders for visitation, child custody, and property division.
(2) Landlord and tenant actions.
(3) Uncontested dissolution of marriage.
(4) Probate of a will.
(b) The computer system may also provide standardized information to users, including, but not limited to, information regarding calculations for child and spousal support payments that meet the requirements described in Section 3830 of the Family Code, court procedures, rights and responsibilities of landlords and tenants, and alternative dispute resolution.
(c) The court may contract with a private entity to establish and operate the program and collect any fees described in subdivision (d).
(d) The court may establish and collect fees from the program not to exceed the reasonable costs to establish and operate the program.
(Added by Stats. 1995, Ch. 507, Sec. 1. Effective January 1, 1996.)
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 1 - Writ of Review › Section [1067.].

[1067.] Section Ten Hundred and Sixty-seven. The writ of certiorari may be denominated the writ of review.
(Amended by Code Amendments 1873-74, Ch. 383.)
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 1 - Writ of Review › Section 1068.

1068. (a) A writ of review may be granted by any court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.
(b) The appellate division of the superior court may grant a writ of review 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 review directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter.
(Amended by Stats. 2002, Ch. 784, Sec. 74. Effective January 1, 2003.)
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 1 - Writ of Review › Section 1069.

1069. The application must be made on the verified petition of the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.
(Amended by Stats. 1907, Ch. 328.)
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 1 - Writ of Review › Section 1069.1.

1069.1. The provisions of Section 1089 as to a return by demurrer or answer apply to a proceeding pursuant to this chapter.
(Added 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 1 - Writ of Review › Section 1070.

1070. The writ may be directed to the inferior tribunal, Board, or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the Clerk, if there be one, must return the writ with the transcript required.
(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 1 - Writ of Review › Section 1071.

1071. The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ at a time and place then or thereafter specified by court order a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed.
(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 1 - Writ of Review › Section 1072.

1072. If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or omitted, in the sound discretion of the Court, but if omitted, the power of the inferior Court or officer is not suspended or the proceedings stayed.
(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 1 - Writ of Review › Section 1073.

1073. The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the Court.
(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 1 - Writ of Review › Section 1074.

1074. The review upon this writ cannot be extended further than to determine whether the inferior tribunal, Board, or officer has regularly pursued the authority of such tribunal, Board, or officer.
(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 1 - Writ of Review › Section 1075.

1075. If the return of the writ be defective, the Court may order a further return to be made. When a full return has been made, the Court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying the proceedings below.
(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 1 - Writ of Review › Section 1076.

1076. A copy of the judgment, signed by the Clerk, must be transmitted to the inferior tribunal, Board, or officer having the custody of the record or proceeding certified up.
(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 1 - Writ of Review › Section 1077.

1077. A copy of the judgment, signed by the Clerk, entered upon or attached to the writ and return, constitute the judgment roll.
(Enacted 1872.)