reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.470.

996.470. (a) Notwithstanding any other statute other than Section 996.480, the aggregate liability of a surety to all persons for all breaches of the condition of a bond is limited to the amount of the bond. Except as otherwise provided by statute, the liability of the principal is not limited to the amount of the bond.
(b) If a bond is given in an amount greater than the amount required by statute or by order of the court or officer pursuant to statute, the liability of the surety on the bond is limited to the amount required by statute or by order of the court or officer, unless the amount of the bond has been increased voluntarily or by agreement of the parties to satisfy an objection to the bond made in an action or proceeding.
(c) The liability of a surety is limited to the amount stipulated in any of the following circumstances:
(1) The bond contains a stipulation pursuant to Section 995.520 that the liability of a personal surety is limited to the worth of the surety.
(2) The bond contains a stipulation that the liability of a surety is an amount less than the amount of the bond pursuant to a statute that provides that the liability of sureties in the aggregate need not exceed the amount of the bond.
(Amended by Stats. 1993, Ch. 527, Sec. 2. Effective January 1, 1994.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.475.

996.475. Nothing in this chapter is intended to limit the liability of a surety pursuant to any other statute. This section is declaratory of, and not a change in, existing law.
(Added by Stats. 1984, Ch. 538, Sec. 33.3.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.480.

996.480. (a) If the nature and extent of the liability of the principal is established by final judgment of a court and the time for appeal has expired or, if an appeal is taken, the appeal is finally determined and the judgment is affirmed:
(1) A surety may make payment on a bond without awaiting enforcement of the bond. The amount of the bond is reduced to the extent of any payment made by the surety in good faith.
(2) If the beneficiary makes a claim for payment on a bond given in an action or proceeding after the liability of the principal is so established and the surety fails to make payment, the surety is liable for costs incurred in obtaining a judgment against the surety, including a reasonable attorney’s fee, and interest on the judgment from the date of the claim, notwithstanding Section 996.470.
(b) Partial payment of a claim by a surety shall not be considered satisfaction of the claim and the beneficiary may enforce the liability on the bond. If a right is affected or a license is suspended or revoked until payment of a claim, the right continues to be affected and the license continues to be suspended or revoked until the claim is satisfied in full.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.490.

996.490. (a) Payment by a surety of the amount of a bond constitutes a full discharge of all the liability of the surety on the bond.
(b) Each surety is liable to contribution to cosureties who have made payment in proportion to the amount for which each surety is liable.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 14 - Liability of Principal and Sureties › Section 996.495.

996.495. A judgment of liability on a bond may be enforced in the same manner and to the same extent as other money judgments.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 15 - Enforcement Lien › Section 996.510.

996.510. This article applies to proceedings for the benefit of the state to enforce the liability on a bond executed to, in favor of, or payable to the state or the people of the state, including but not limited to an official bond.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 15 - Enforcement Lien › Section 996.520.

996.520. The person enforcing the liability may file with the court in the proceedings an affidavit stating the following:
(a) The bond was executed by the defendant or one or more of the defendants (designating whom).
(b) The bond is one to which this article applies.
(c) The defendant or defendants have real property or an interest in real property (designating the county or counties in which the real property is situated).
(d) The liability is being enforced for the benefit of the state.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 15 - Enforcement Lien › Section 996.530.

996.530. The clerk receiving the affidavit shall certify to the recorder of the county in which the real property is situated all of the following:
(a) The names of the parties.
(b) The court in which the proceedings are pending.
(c) The amount claimed.
(d) The date of commencement of the proceedings.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 15 - Enforcement Lien › Section 996.540.

996.540. (a) Upon receiving the certificate the county recorder shall endorse upon it the time of its receipt.
(b) The certificate shall be filed and recorded in the same manner as notice of the pendency of an action affecting real property.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 15 - Enforcement Lien › Section 996.550.

996.550. (a) Any judgment recovered is a lien upon all real property belonging to the defendant situated in any county in which the certificate is filed, from the filing of the certificate.
(b) The lien is for the amount for which the owner of the real property is liable upon the judgment.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 2 - Bonds and Undertakings › ARTICLE 15 - Enforcement Lien › Section 996.560.

996.560. If an agreement to sell real property affected by the lien created by the filing of a certificate was made before the filing of the certificate and the purchase price under the agreement was not due until after the filing of the certificate, and the purchaser is otherwise entitled to specific performance of the agreement:
(a) The court in an action to compel specific performance of the agreement shall order the purchaser to pay the purchase price, or so much of the purchase price as may be due, to the State Treasurer, and to take the State Treasurer’s receipt for payment.
(b) Upon payment, the purchaser is entitled to enforcement of specific performance of the agreement. The purchaser takes the real property free from the lien created by the filing of the certificate.
(c) The State Treasurer shall hold the payment pending the proceedings referred to in the certificate. The payment is subject to the lien created by the filing of the certificate.
(Added by Stats. 1982, Ch. 998, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.2 - Time-Limited Demands › Section 999.

999. (a) It is declared to be the public policy of the State of California that prompt settlements of civil actions and claims are encouraged as beneficial to claimants, policyholders, and insurers.
(b) For purposes of this section, the following definitions apply:
(1) “Extracontractual damages” means any amount of damage that exceeds the total available limit of liability insurance for all of a liability insurer’s liability insurance policies applicable to a claim for property damage, personal injury, bodily injury, or wrongful death.
(2) “Time-limited demand” means an offer prior to the filing of the complaint or demand for arbitration to settle any cause of action or a claim for personal injury, property damage, bodily injury, or wrongful death made by or on behalf of a claimant to a tortfeasor with a liability insurance policy for purposes of settling the claim against the tortfeasor within the insurer’s limit of liability insurance, which by its terms must be accepted within a specified period of time.
(Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.2 - Time-Limited Demands › Section 999.1.

999.1. A time-limited demand to settle any claim shall be in writing, be labeled as a time-limited demand or reference this section, and contain material terms, which include the following:
(a) The time period within which the demand must be accepted shall be not fewer than 30 days from date of transmission of the demand, if transmission is by email, facsimile, or certified mail, or not fewer than 33 days, if transmission is by mail.
(b) A clear and unequivocal offer to settle all claims within policy limits, including the satisfaction of all liens.
(c) An offer for a complete release from the claimant for the liability insurer’s insureds from all present and future liability for the occurrence.
(d) The date and location of the loss.
(e) The claim number, if known.
(f) A description of all known injuries sustained by the claimant.
(g) Reasonable proof, which may include, if applicable, medical records or bills, sufficient to support the claim.
(Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.2 - Time-Limited Demands › Section 999.2.

999.2. (a) A claimant shall send their time-limited demand to either of the following:
(1) The email address or physical address designated by the liability insurer for receipt of time-limited demands for purposes of this chapter, if an address has been provided by the liability insurer to the Department of Insurance and the Department of Insurance has made the address publicly available.
(2) The insurance representative assigned to handle the claim, if known.
(b) To implement this section, the Department of Insurance shall post on its internet website the email address or physical address designated by a liability insurer for receipt of time-limited demands for purposes of this chapter.
(c) An act by the Department of Insurance pursuant to this section is a discretionary act for purposes of Section 820.2 of the Government Code.
(Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.2 - Time-Limited Demands › Section 999.3.

999.3. (a) The recipients of a time-limited demand may accept the demand by providing written acceptance of the material terms outlined in Section 999.1 in their entirety.
(b) Upon receipt of a time-limited demand, an attempt to seek clarification or additional information or a request for an extension due to the need for further information or investigation, made during the time within which to accept a time-limited demand, shall not, in and of itself, be deemed a counteroffer or rejection of the demand.
(c) If, for any reason, an insurer does not accept a time-limited demand, the insurer shall notify the claimant, in writing, of its decision and the basis for its decision. This notification shall be sent prior to the expiration of the time-limited demand, including any extension agreed to by the parties, and shall be relevant in any lawsuit alleging extracontractual damages against the tortfeasor’s liability insurer.
(Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.2 - Time-Limited Demands › Section 999.4.

999.4. (a) In any lawsuit filed by a claimant, or by a claimant as an assignee of the tortfeasor or by the tortfeasor for the benefit of the claimant, a time-limited demand that does not substantially comply with the terms of this chapter shall not be considered to be a reasonable offer to settle the claims against the tortfeasor for an amount within the insurance policy limits for purposes of any lawsuit alleging extracontractual damages against the tortfeasor’s liability insurer.
(b) This section shall not apply to a claimant that is not represented by counsel.
(c) In the event a court determines that this chapter conflicts with the Civil Discovery Act, (Title 4 (commencing with Section 2016.010) of Part 4), the Civil Discovery Act shall prevail.
(Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.2 - Time-Limited Demands › Section 999.5.

999.5. (a) This chapter shall only apply to causes of action and claims covered under automobile, motor vehicle, homeowner, or commercial premises liability insurance policies for property damage, personal or bodily injury, and wrongful death claims.
(b) Except as provided in this chapter, nothing shall alter existing law, including law relating to claims, damages, and defenses, that may be asserted in litigation seeking extracontractual damages.
(c) This chapter shall apply to time-limited demands transmitted on or after January 1, 2023.
(Added by Stats. 2022, Ch. 719, Sec. 1. (SB 1155) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.5 - Confidential Settlement Agreements › Section 1001.

1001. (a) Notwithstanding any other law, a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding any of the following, is prohibited:
(1) An act of sexual assault that is not governed by subdivision (a) of Section 1002.
(2) An act of sexual harassment, as defined in Section 51.9 of the Civil Code.
(3) An act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing harassment or discrimination, as described in subdivisions (a), (h), (i), (j), and (k) of Section 12940 of the Government Code.
(4) An act of harassment or discrimination, or an act of retaliation against a person for reporting harassment or discrimination by the owner of a housing accommodation, as described in Section 12955 of the Government Code.
(b) Notwithstanding any other law, in a civil matter described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subdivision (a).
(c) Notwithstanding subdivisions (a) and (b), a provision that shields the identity of the claimant and all facts that could lead to the discovery of the claimant’s identity, including pleadings filed in court, may be included within a settlement agreement at the request of the claimant. This subdivision does not apply if a government agency or public official is a party to the settlement agreement.
(d) Except as authorized by subdivision (c), a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to the claim described in subdivision (a) that is entered into on or after January 1, 2019, is void as a matter of law and against public policy.
(e) This section does not prohibit the entry or enforcement of a provision in any agreement that precludes the disclosure of the amount paid in settlement of a claim.
(f) In determining the factual foundation of a cause of action for civil damages under subdivision (a), a court may consider the pleadings and other papers in the record, or any other findings of the court.
(g) The amendments made to paragraphs (3) and (4) of subdivision (a) by Senate Bill 331 of the 2021–22 Regular Session apply only to agreements entered into on or after January 1, 2022. All other amendments made to this section by Senate Bill 331 of the 2021–22 Regular Session shall not be construed as substantive changes, but instead as merely clarifying existing law.
(Amended by Stats. 2022, Ch. 28, Sec. 26. (SB 1380) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.5 - Confidential Settlement Agreements › Section 1002.

1002. (a) Notwithstanding any other law, a provision within a settlement agreement that prevents the disclosure of factual information related to the action is prohibited in any civil action the factual foundation for which establishes a cause of action for civil damages for any of the following:
(1) An act that may be prosecuted as a felony sex offense.
(2) An act of childhood sexual assault, as defined in Section 340.1.
(3) An act of sexual exploitation of a minor, as defined in Section 11165.1 of the Penal Code, or conduct prohibited with respect to a minor pursuant to Section 311.1, 311.5, or 311.6 of the Penal Code.
(4) An act of sexual assault, as defined in paragraphs (1) to (8), inclusive, of subdivision (e) of Section 15610.63 of the Welfare and Institutions Code, against an elder or dependent adult, as defined in Sections 15610.23 and 15610.27 of the Welfare and Institutions Code.
(b) Notwithstanding any other law, in a civil action described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subdivision (a).
(c) Subdivisions (a) and (b) do not preclude an agreement preventing the disclosure of any medical information or personal identifying information, as defined in subdivision (b) of Section 530.55 of the Penal Code, regarding the victim of the offense listed in subdivision (a) or of any information revealing the nature of the relationship between the victim and the defendant. This subdivision shall not be construed to limit the right of a crime victim to disclose this information.
(d) Except as authorized by subdivision (c), a provision within a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is entered into on or after January 1, 2017, is void as a matter of law and against public policy.
(e) An attorney’s failure to comply with the requirements of this section by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is not otherwise authorized by subdivision (c) as a condition of settlement, or advising a client to sign an agreement that includes such a provision, may be grounds for professional discipline and the State Bar of California shall investigate and take appropriate action in any such case brought to its attention.
(Amended by Stats. 2023, Ch. 131, Sec. 22. (AB 1754) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.6 - Agreements Settling Employment Disputes › Section 1002.5.

1002.5. (a) An agreement to settle an employment dispute shall not contain a provision prohibiting, preventing, or otherwise restricting a settling party that is an aggrieved person from obtaining future employment with the employer against which the aggrieved person has filed a claim, or any parent company, subsidiary, division, affiliate, or contractor of the employer. A provision in an agreement entered into on or after January 1, 2020, that violates this section is void as a matter of law and against public policy.
(b) Nothing in subdivision (a) does any of the following:
(1) Preclude the employer and aggrieved person from making an agreement to do either of the following:
(A) End a current employment relationship.
(B) Prohibit or otherwise restrict the settling aggrieved person from obtaining future employment with the settling employer, if the employer has made and documented a good faith determination, before the aggrieved person filed the claim that the aggrieved person engaged in sexual harassment, sexual assault, or any criminal conduct.
(2) Require an employer to continue to employ or rehire a person if there is a legitimate non-discriminatory or non-retaliatory reason for terminating the employment relationship or refusing to rehire the person.
(c) For purposes of this section:
(1) “Aggrieved person” means a person who, in good faith, has filed a claim against the person’s employer in court, before an administrative agency, in an alternative dispute resolution forum, or through the employer’s internal complaint process.
(2) “Sexual assault” means conduct that would constitute a crime under Section 243.3, 261, 262, 264.1, 286, 287, or 289 of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes.
(3) “Sexual harassment” has the same meaning as in subdivision (j) of Section 12940 of the Government Code.
(Amended by Stats. 2020, Ch. 73, Sec. 1. (AB 2143) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 3.7 - Enrollment Agreements › Section 1002.7.

1002.7. (a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of the parent’s minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition of enrollment in an educational institution.
(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an educational institution’s enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minor’s behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.
(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.
(d) For purposes of this section, the following definitions apply:
(1) “Criminal sexual assault” means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.
(2) “Criminal sexual battery” means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.
(3) “Educational institution” means a public or private school maintaining a kindergarten or any of grades 1 through 12.
(4) “Enrollment agreement” means a written contract between a student and institution concerning an educational program.
(Added by Stats. 2021, Ch. 146, Sec. 1. (AB 272) Effective January 1, 2022.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 4 - Motions and Orders › Section 1003.

1003. Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. An application for an order is a motion.
(Amended by Stats. 1951, Ch. 1737.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 4 - Motions and Orders › Section 1004.

1004. Except as provided in section 166 of this code, motions must be made in the court in which the action is pending.
(Amended by Stats. 1933, Ch. 744.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 4 - Motions and Orders › Section 1005.5.

1005.5. A motion upon all the grounds stated in the written notice thereof is deemed to have been made and to be pending before the court for all purposes, upon the due service and filing of the notice of motion, but this shall not deprive a party of a hearing of the motion to which he is otherwise entitled. Procedure upon a motion for new trial shall be as otherwise provided.
(Added by Stats. 1953, Ch. 909.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 4 - Motions and Orders › Section 1006.

1006. When a notice of motion is given, or an order to show cause is made returnable before a judge out of court, and at the time fixed for the motion, or on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by his order to some other judge, before whom it might originally have been brought.
(Amended by Stats. 1951, Ch. 1737.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 4 - Motions and Orders › Section 1008.

1008. (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.
(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside on ex parte motion.
(c) If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.
(d) A violation of this section may be punished as a contempt and with sanctions as allowed by Section 128.7. In addition, an order made contrary to this section may be revoked by the judge or commissioner who made it, or vacated by a judge of the court in which the action or proceeding is pending.
(e) This section specifies the court’s jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final. No application to reconsider any order or for the renewal of a previous motion may be considered by any judge or court unless made according to this section.
(f) For the purposes of this section, an alleged new or different law shall not include a later enacted statute without a retroactive application.
(g) An order denying a motion for reconsideration made pursuant to subdivision (a) is not separately appealable. However, if the order that was the subject of a motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal from that order.
(h) This section applies to all applications for interim orders.
(Amended by Stats. 2011, Ch. 78, Sec. 1. (AB 1067) Effective January 1, 2012.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1010.

1010. Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based. If any such paper has not previously been served upon the party to be notified and was not filed by him, a copy of such paper must accompany the notice. Notices and other papers may be served upon the party or attorney in the manner prescribed in this chapter, when not otherwise provided by this code. No bill of exceptions, notice of appeal, or other notice or paper, other than amendments to the pleadings, or an amended pleading, need be served upon any party whose default has been duly entered or who has not appeared in the action or proceeding.
(Amended by Stats. 1935, Ch. 722.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1010.5.

1010.5. The Judicial Council may adopt rules permitting the filing of papers by facsimile transmission, both directly with the courts and through third parties. Notwithstanding any other provision of law, the rules may provide that the facsimile transmitted document shall constitute an original document, and that notwithstanding Section 6159 of the Government Code or Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, any court authorized to accept a credit card as payment pursuant to this section may add a surcharge to the amount of the transaction to be borne by the litigant to cover charges imposed on credit card transactions regarding fax filings between a litigant and the court.
If the Judicial Council adopts rules permitting the filing of papers by facsimile transmission, the consent of the Judicial Council shall not be necessary to permit the use of credit cards to pay fees for the filing of papers by facsimile transmission directly with the court, provided that the court charges a processing fee to the filing party sufficient to cover the cost to the court of processing payment by credit card.
(Amended by Stats. 2001, Ch. 824, Sec. 10. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1011.

1011. The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows:
(a) If upon an attorney, service may be made at the attorney’s office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of 9 a.m. and 5 p.m., in a conspicuous place in the office, or, if the attorney’s office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorney’s residence, with some person of not less than 18 years of age, if the attorney’s residence is in the same county with his or her office, and, if the attorney’s residence is not known or is not in the same county with his or her office, or, being in the same county, it is not open, or a person 18 years of age or older cannot be found at the attorney’s residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known, and otherwise to the attorney’s residence, if known. If neither the attorney’s office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney.
(b) If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the party’s residence with some person 18 years of age or older.
(1) Any attempt of service upon a party at the party’s residence shall be made between the hours of 8 a.m. and 8 p.m.
(2) If, at the time of service, as provided in paragraph (1), a person 18 years of age or older cannot be found at the party’s residence, the notice or papers may be served by mail.
(3) If the party’s residence is not known, any attempt of service pursuant to this subdivision may be made by delivering the notice or papers to the clerk of the court, for that party.
(c) If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court.
(Amended by Stats. 2018, Ch. 212, Sec. 1. (AB 2286) Effective January 1, 2019.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1012.

1012. Service by mail may be made where the person on whom it is to be made resides or has his office at a place where there is a delivery service by mail, or where the person making the service and the person on whom it is to be made reside or have their offices in different places between which there is a regular communication by mail.
(Amended by Stats. 1931, Ch. 739.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1013b.

1013b. (a) Proof of electronic service may be made by any of the following methods:
(1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that the person is a resident of or employed in the county where the electronic service occurs, and that the person is over 18 years of age.
(2) A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that the person is an active member of the State Bar of California.
(3) An affidavit setting forth the exact title of the document served and filed in the cause, showing all of the following:
(A) The name and residence or business address of the person making the service.
(B) That the person is a resident of, or employed in, the county where the electronic service occurs.
(C) That the person is over 18 years of age.
(D) That the person is readily familiar with the business’ practice for filing electronically.
(E) That the document would be electronically served that same day in the ordinary course of business following ordinary business practices.
(4) In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which they are the clerk.
(b) Proof of electronic service shall include all of the following:
(1) The electronic service address and the residence or business address of the person making the electronic service.
(2) The date of electronic service.
(3) The name and electronic service address of the person served.
(4) A statement that the document was served electronically.
(c) Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (e) of Section 1010.6.
(d) Proof of electronic service may be in electronic form and may be filed electronically with the court.
(Amended by Stats. 2022, Ch. 215, Sec. 2. (AB 2961) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1014.

1014. A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant. After appearance, a defendant or the defendant’s attorney is entitled to notice of all subsequent proceedings of which notice is required to be given. Where a defendant has not appeared, service of notice or papers need not be made upon the defendant.
(Amended by Stats. 1999, Ch. 344, Sec. 15. Effective September 7, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1015.

1015. When a plaintiff or a defendant, who has appeared, resides out of the state, and has no attorney in the action or proceeding, the service may be made on the clerk of the court, for that party. But in all cases where a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except service of subpoenas, of writs, and other process issued in the suit, and of papers to bring the party into contempt. If the sole attorney for a party is removed or suspended from practice, then the party has no attorney within the meaning of this section. If the party’s sole attorney has no known office in this state, notices and papers may be served by leaving a copy thereof with the clerk of the court, unless the attorney has filed in the cause an address of a place at which notices and papers may be served on the attorney, in which event they may be served at that place.
(Amended by Stats. 2007, Ch. 263, Sec. 12. Effective January 1, 2008.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1016.

1016. The foregoing provisions of this Chapter do not apply to the sevice of a summons or other process, or of any paper to bring a party into contempt.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1017.

1017. Any summons, writ, or order in any civil suit or proceeding, and all other papers requiring service, may be transmitted by telegraph for service in any place, and the telegraphic copy of such writ, or order, or paper so transmitted, may be served or executed by the officer or person to whom it is sent for that purpose, and returned by him, if any return be requisite, in the same manner, and with the same force and effect in all respects, as the original thereof might be if delivered to him, and the officer or person serving or executing the same has the same authority, and is subject to the same liabilities, as if the copy were the original. The original, when a writ or order, must also be filed in the Court from which it was issued, and a certified copy thereof must be preserved in the telegraph office from which it was sent. In sending it, either the original or the certified copy may be used by the operator for that purpose. Whenever any document to be sent by telegraph bears a seal, either private or official, it is not necessary for the operator, in sending the same, to telegraph a description of the seal, or any words or device thereon, but the same may be expressed in the telegraphic copy of the letters “L. S.,” or by the word “seal.”
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1019.

1019. Whenever any notice or publication is required by a provision in this code or any other code or statute of this state to be provided in a specified size of type or printing which is to be measured by points, the size required, unless otherwise specifically defined, shall be determined by the conventional customs and practices of the printing industry and within the tolerances permitted by conventional custom and practice in that industry, except that the provisions of this section shall not be used for purposes of evasion of any requirement for notice or publication.
(Added by Stats. 1980, Ch. 199, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1019.5.

1019.5. (a) When a motion is granted or denied, unless the court otherwise orders, notice of the court’s decision or order shall be given by the prevailing party to all other parties or their attorneys, in the manner provided in this chapter, unless notice is waived by all parties in open court and is entered in the minutes.
(b) When a motion is granted or denied on the court’s own motion, notice of the court’s order shall be given by the court in the manner provided in this chapter, unless notice is waived by all parties in open court and is entered in the minutes.
(Amended by Stats. 1992, Ch. 1348, Sec. 6. Effective January 1, 1993.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 5 - Notices, and Filing and Service of Papers › Section 1020.

1020. (a) Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressee’s last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent.
(b) Electronic service is not authorized for a notice that requires certified or registered mail.
(Amended by Stats. 2017, Ch. 319, Sec. 4.5. (AB 976) 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 1021.

1021. Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.
(Amended by Stats. 1986, Ch. 377, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1021.4.

1021.4. In an action for damages against a defendant based upon that defendant’s commission of a felony offense for which that defendant has been convicted, the court may, upon motion, award reasonable attorney’s fees to a prevailing plaintiff against the defendant who has been convicted of the felony.
(Added by Stats. 1983, Ch. 938, Sec. 3. Effective September 20, 1983.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1021.5.

1021.5. Upon motion, a court may award attorneys’ fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any. With respect to actions involving public entities, this section applies to allowances against, but not in favor of, public entities, and no claim shall be required to be filed therefor, unless one or more successful parties and one or more opposing parties are public entities, in which case no claim shall be required to be filed therefor under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code.
Attorneys’ fees awarded to a public entity pursuant to this section shall not be increased or decreased by a multiplier based upon extrinsic circumstances, as discussed in Serrano v. Priest, 20 Cal. 3d 25, 49.
(Amended by Stats. 1993, Ch. 645, Sec. 2. Effective January 1, 1994.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 14 - OF MISCELLANEOUS PROVISIONS › CHAPTER 6 - Of Costs › Section 1021.6.

1021.6. Upon motion, a court after reviewing the evidence in the principal case may award attorney’s fees to a person who prevails on a claim for implied indemnity if the court finds (a) that the indemnitee through the tort of the indemnitor has been required to act in the protection of the indemnitee’s interest by bringing an action against or defending an action by a third person and (b) if that indemnitor was properly notified of the demand to bring the action or provide the defense and did not avail itself of the opportunity to do so, and (c) that the trier of fact determined that the indemnitee was without fault in the principal case which is the basis for the action in indemnity or that the indemnitee had a final judgment entered in his or her favor granting a summary judgment, a nonsuit, or a directed verdict.
(Amended by Stats. 1982, Ch. 1383, Sec. 1.)