reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 3 - Distribution of Funds Withheld › Section 9456.

9456. (a) A stop payment notice takes priority over an assignment by a direct contractor of any amount due or to become due pursuant to a public works contract, including contract changes, whether made before or after the giving of a stop payment notice, and the assignment has no effect on the rights of the claimant.
(b) Any garnishment of an amount due or to become due pursuant to a public works contract by a creditor of a direct contractor under Article 8 (commencing with Section 708.710) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure and any statutory lien on that amount is subordinate to the rights of a claimant.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 4 - Enforcement of Payment of Claim Stated in Stop Payment Notice › Section 9500.

9500. (a) A claimant may not enforce payment of the claim stated in a stop payment notice unless the claimant has complied with all of the following conditions:
(1) The claimant has given preliminary notice to the extent required by Chapter 3 (commencing with Section 9300).
(2) The claimant has given the stop payment notice within the time provided in Section 9356.
(b) The claim filing procedures of Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code do not apply to an action under this article.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 4 - Enforcement of Payment of Claim Stated in Stop Payment Notice › Section 9502.

9502. (a) The claimant shall commence an action against the public entity and the direct contractor to enforce payment of the claim stated in a stop payment notice at any time after 10 days from the date the claimant gives the stop payment notice.
(b) The claimant shall commence an action against the public entity and the direct contractor to enforce payment of the claim stated in a stop payment notice not later than 90 days after expiration of the time within which a stop payment notice must be given.
(c) An action under this section may not be brought to trial or judgment entered before expiration of the time provided in subdivision (b).
(d) If a claimant does not commence an action to enforce payment of the claim stated in a stop payment notice within the time provided in subdivision (b), the notice ceases to be effective and the public entity shall release funds withheld pursuant to the notice.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 4 - Enforcement of Payment of Claim Stated in Stop Payment Notice › Section 9504.

9504. Within five days after commencement of an action to enforce payment of the claim stated in a stop payment notice, the claimant shall give notice of commencement of the action to the public entity in the same manner that a stop payment notice is given.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 4 - Enforcement of Payment of Claim Stated in Stop Payment Notice › Section 9506.

9506. If more than one claimant has given a stop payment notice:
(a) Any number of claimants may join in the same enforcement action.
(b) If claimants commence separate actions, the court that first acquires jurisdiction may order the actions consolidated.
(c) On request of the public entity, the court shall require that all claimants be impleaded in one action and shall adjudicate the rights of all parties in the action.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 4 - Enforcement of Payment of Claim Stated in Stop Payment Notice › Section 9508.

9508. Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce payment of the claim stated in a stop payment notice is not brought to trial within two years after commencement of the action, the court may in its discretion dismiss the action for want of prosecution.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 4 - Enforcement of Payment of Claim Stated in Stop Payment Notice › Section 9510.

9510. A stop payment notice ceases to be effective, and the public entity shall release funds withheld, in either of the following circumstances:
(a) An action to enforce payment of the claim stated in the stop payment notice is dismissed, unless expressly stated to be without prejudice.
(b) Judgment in an action to enforce payment of the claim stated in the stop payment notice is against the claimant.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 5 - Payment Bond › Section 9550.

9550. (a) A direct contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before commencement of work, give a payment bond to and approved by the officer or public entity by whom the contract was awarded.
(b) A public entity shall state in its call for bids that a payment bond is required for a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000).
(c) A payment bond given and approved under this section will permit performance of and provide coverage for work pursuant to a public works contract that supplements the contract for which the bond is given, if the requirement of a new bond is waived by the public entity.
(d) For the purpose of this section, a design professional is not deemed a direct contractor and is not required to give a payment bond.
(e) This section does not apply to a public works contract with a “state entity” as defined in subdivision (d) of Section 7103 of the Public Contract Code.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 5 - Payment Bond › Section 9552.

9552. If a payment bond is not given and approved as required by Section 9550:
(a) Neither the public entity awarding the public works contract nor any officer of the public entity shall audit, allow, or pay a claim of the direct contractor pursuant to the contract.
(b) A claimant shall receive payment of a claim pursuant to a stop payment notice in the manner provided by Chapter 4 (commencing with Section 9350).
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 5 - Payment Bond › Section 9554.

9554. (a) A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the public works contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer.
(b) The payment bond shall provide that if the direct contractor or a subcontractor fails to pay any of the following, the surety will pay the obligation and, if an action is brought to enforce the liability on the bond, a reasonable attorney’s fee, to be fixed by the court:
(1) A person authorized under Section 9100 to assert a claim against a payment bond.
(2) Amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the public works contract.
(3) Amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors under Section 13020 of the Unemployment Insurance Code with respect to the work and labor.
(c) The payment bond shall be conditioned for the payment in full of the claims of all claimants and by its terms inure to the benefit of any person authorized under Section 9100 to assert a claim against a payment bond so as to give a right of action to that person or that person’s assigns in an action to enforce the liability on the bond.
(d) The direct contractor may require that a subcontractor give a bond to indemnify the direct contractor for any loss sustained by the direct contractor because of any default of the subcontractor under this section.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 5 - Payment Bond › Section 9558.

9558. A claimant may commence an action to enforce the liability on the bond at any time after the claimant ceases to provide work, but not later than six months after the period in which a stop payment notice may be given under Section 9356.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 5 - Payment Bond › Section 9560.

9560. (a) In order to enforce a claim against a payment bond, a claimant shall give the preliminary notice provided in Chapter 3 (commencing with Section 9300).
(b) If preliminary notice was not given as provided in Chapter 3 (commencing with Section 9300), a claimant may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion. If no notice of completion has been recorded, the time for giving written notice to the surety and the bond principal is extended to 75 days after completion of the work of improvement.
(c) Commencing July 1, 2012, and except as provided in subdivision (b), if the preliminary notice was required to be given by a person who has no direct contractual relationship with the contractor, and who has not given notice as provided in Chapter 3 (commencing with Section 9300), that person may enforce a claim by giving written notice to the surety and the bond principal, as provided in Section 9562, within 15 days after recordation of a notice of completion. If no notice of completion has been recorded, the time for giving written notice to the surety and the bond principal is extended to 75 days after completion of the work of improvement.
(d) Subdivision (c) shall not apply in either of the following circumstances:
(1) All progress payments, except for those disputed in good faith, have been made to a subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services.
(2) The subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services has been terminated from the project pursuant to the contract, and all progress payments, except those disputed in good faith, have been made as of the termination date.
(e) Pursuant to Section 9300, this section shall not apply to a laborer, as defined under Section 8024.
(f) This section shall become operative on July 1, 2012.
(Amended (as to be added by Stats. 2010, Ch. 697) by Stats. 2011, Ch. 700, Sec. 4. (SB 293) Effective January 1, 2012. Section, as amended, operative July 1, 2012, by subd. (f). Note: Addition is operative July 1, 2012, by Stats. 2010, Ch. 697, Sec. 105.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 5 - Payment Bond › Section 9562.

9562. Notice to the principal and surety under Section 9560 shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 5 - Payment Bond › Section 9564.

9564. (a) A claimant may maintain an action to enforce the liability of a surety on a payment bond whether or not the claimant has given the public entity a stop payment notice.
(b) A claimant may maintain an action to enforce the liability on the bond separately from and without commencement of an action against the public entity by whom the contract was awarded or against any officer of the public entity.
(c) In an action to enforce the liability on the bond, the court shall award the prevailing party a reasonable attorney’s fee.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 5 - Payment Bond › Section 9566.

9566. (a) A claimant does not have a right to recover on a payment bond unless the claimant provided work to the direct contractor either directly or through one or more subcontractors pursuant to a public works contract.
(b) Nothing in this section affects the stop payment notice rights of, and relative priorities among, design professionals.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Code of Civil Procedure - CCP › TITLE OF ACT › Section 1.

1. This act shall be known as the Code of Civil Procedure, and is divided into four parts, as follows:
Part I.
Of Courts of Justice.
II.
Of Civil Actions.
III.
Of Special Proceedings of a Civil Nature.
IV.
Miscellaneous Provisions.
(Amended by Stats. 1965, Ch. 299.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 4.

4. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 9.

9. When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in this code, the time that has already run shall be deemed part of the time prescribed as such limitation by this code.
(Amended by Stats. 2017, Ch. 561, Sec. 20. (AB 1516) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 12a.

12a. (a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.
(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation.
(Amended by Stats. 2007, Ch. 263, Sec. 3. Effective January 1, 2008.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 12b.

12b. If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a.
(Added by Stats. 1951, Ch. 655.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 12c.

12c. (a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12.
(b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subdivision (a).
(Added by Stats. 2010, Ch. 41, Sec. 1. (AB 2119) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 13a.

13a. Any act required by law to be performed on a particular day or within a specified period of time may be performed (but is not hereby required to be performed) on a special holiday as that term is used in Section 6705 of the Government Code, with like effect as if performed on a day which is not a holiday.
(Amended by Stats. 1959, Ch. 594.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 17.

17. (a) Words used in this code in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural number includes the singular.
(b) As used in this code, the following words have the following meanings, unless otherwise apparent from the context:
(1) “Affinity” signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation.
(2) “County” includes “city and county.”
(3) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.
(4) “Month” means a calendar month, unless otherwise expressed.
(5) “Oath” includes an affirmation or declaration.
(A) “Depose” includes any written statement made under oath or affirmation.
(B) “Testify” includes any mode of oral statement made under oath or affirmation.
(6) “Person” includes a corporation as well as a natural person.
(7) “Process” signifies a writ or summons issued in the course of a judicial proceeding.
(8) “Property” includes both personal and real property.
(A) “Personal property” includes money, goods, chattels, things in action, and evidences of debt.
(B) “Real property” is coextensive with lands, tenements, and hereditaments.
(9) “Section” refers to a section of this code, unless some other code or statute is expressly mentioned.
(10) “Sheriff” includes marshal.
(11) “Signature” or “subscription” includes a mark of a person’s name, if the person cannot write, with his or her name being written near it by a person who writes his or her own name as a witness. In order that a mark may be acknowledged or serve as the signature to any sworn statement, it shall be witnessed by two persons who shall subscribe their own names as witnesses thereto.
(12) “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
(13) “State” includes the District of Columbia and the territories when applied to the different parts of the United States, and the words “United States” may include the district and territories.
(14) “Will” includes codicil.
(15) “Writ” means an order or precept in writing, issued in the name of the people, or of a court or judicial officer.
(16) “Writing” includes printing and typewriting.
(Amended by Stats. 2016, Ch. 50, Sec. 13. (SB 1005) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 18.

18. No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in all cases provided for by this Code, all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private statute not expressly repealed.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 26.

26. An obligation is a legal duty, by which one person is bound to do or not to do a certain thing, and arises from either of the following:
(a) Contract.
(b) Operation of law.
(Amended by Stats. 2017, Ch. 561, Sec. 21. (AB 1516) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PRELIMINARY PROVISIONS › Section 33.

33. A prosecuting attorney, in his or her discretion, may assist in the civil resolution of a violation of an offense described in Title 13 (commencing with Section 450) of Part 1 of the Penal Code in lieu of filing a criminal complaint.
(Added by Stats. 1982, Ch. 1518, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 1 - Courts of Justice in General › Section 35.

35. (a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests, actions under Section 20010 of the Elections Code, and actions under Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be given precedence.
(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
(Amended (as amended by Stats. 2022, Ch. 745, Sec. 1) by Stats. 2023, Ch. 343, Sec. 1. (AB 764) Effective January 1, 2024. Repealed as of January 1, 2027, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2023, Ch. 343.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 1 - Courts of Justice in General › Section 35.

35. (a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests, and actions under Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be given precedence.
(b) This section shall become operative January 1, 2027.
(Amended (as amended by Stats. 2022, Ch. 745, Sec. 2) by Stats. 2023, Ch. 343, Sec. 2. (AB 764) Effective January 1, 2024. Operative January 1, 2027, by its own provisions.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 1 - Courts of Justice in General › Section 36.

36. (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.
(b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision.
(c) Unless the court otherwise orders:
(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
(2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.
(d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.
(e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.
(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.
(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.
(Amended by Stats. 2008, Ch. 218, Sec. 1. Effective January 1, 2009.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 1 - Courts of Justice in General › Section 36.5.

36.5. An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under subdivision (a) of Section 36.
(Added by Stats. 1990, Ch. 1232, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 1 - Courts of Justice in General › Section 37.

37. (a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by the defendant during the commission of a felony offense for which the defendant has been criminally convicted.
(b) The court shall endeavor to try the action within 120 days of the grant of preference.
(Amended by Stats. 1983, Ch. 938, Sec. 1. Effective September 20, 1983.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 1 - Courts of Justice in General › Section 38.

38. Unless the provision or context otherwise requires, a reference in a statute to a judicial district means:
(a) As it relates to a court of appeal, the court of appeal district.
(b) As it relates to a superior court, the county.
(Amended by Stats. 2018, Ch. 92, Sec. 39. (SB 1289) Effective January 1, 2019.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 3 - Supreme Court › Section 42.

42. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Supreme Court or the courts of appeal from sitting at any time.
(Added by renumbering Section 48 by Stats. 1967, Ch. 17.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 3 - Supreme Court › Section 43.

43. The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. In giving its decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case. Its judgment in appealed cases shall be remitted to the court from which the appeal was taken.
(Added by renumbering Section 53 by Stats. 1967, Ch. 17.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 3 - Supreme Court › Section 44.

44. Appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or a candidate for any such office alleged to have occurred during the course of an election campaign shall be given preference in hearing in the courts of appeal, and in the Supreme Court when transferred thereto. All these cases shall be placed on the calendar in the order of their date of issue, next after cases in which the people of the state are parties.
(Amended by Stats. 1982, Ch. 1642, Sec. 1. Operative June 6, 1984, pursuant to Sec. 3 of Ch. 1642.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 3 - Supreme Court › Section 45.

45. An appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody and control, or denying a recommendation to free a minor from parental custody or control, shall have precedence over all cases in the court to which an appeal in the matter is taken. In order to enable the child to be available for adoption as soon as possible and to minimize the anxiety to all parties, the appellate court shall grant an extension of time to a court reporter or to counsel only upon an exceptional showing of good cause.
(Amended by Stats. 1997, Ch. 510, Sec. 1. Effective January 1, 1998.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 4 - Superior Courts › Section 73c.

73c. Notwithstanding anything to the contrary contained in any other law of this state, the judges of the superior court of the county in which is located the principal office in this state of any savings and loan association of whose business, property and assets possession shall have been taken by the Commissioner of Financial Institutions, may, in their discretion, whenever those judges deem it necessary or advisable, hold hearings relating to the sale, exchange or other disposition of any parcel of real property or any item of personal property of the association, regardless of the location of the property, at the county seat of any county in this state or at the places in the county in which the principal office in this state of the association is located at which sessions of the superior court are held.
(Amended by Stats. 2003, Ch. 149, Sec. 1. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 4 - Superior Courts › Section 73d.

73d. Whenever, under Section 73c, it becomes necessary for a judge, clerk, deputy clerk, court reporter or bailiff of or sitting in the superior court of the county in this state in which is located the principal office of any savings and loan association whose business, property and assets are in the possession of the Commissioner of Financial Institutions, to travel to another county, there temporarily to attend hearings relating to the sale, exchange or other disposition of real or personal property of the association, each judge, clerk, deputy clerk, court reporter or bailiff shall be allowed the necessary expenses in going to, returning from and attending upon the business of the court. The expenses shall, upon order of the court, be a charge against the funds of the association and paid out of those funds by the Commissioner of Financial Institutions.
(Amended by Stats. 2003, Ch. 149, Sec. 2. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 4 - Superior Courts › Section 73e.

73e. Notwithstanding any other provisions of law, in each county wherein the juvenile hall is not located at the county seat of the county, a majority of the judges of the superior court in and for such county may by an order filed with the clerk of the court direct that a session or sessions of the superior court, while sitting for the purpose of hearing and determining cases and proceedings arising under Chapter 2 of Part 1 of Division 2 or Chapter 2 of Part 1 of Division 6 or Chapter 4 of Part 4 of Division 6 of the Welfare and Institutions Code, may be held or continued in any place in the county in which the juvenile hall is located and thereafter such session or sessions of the court may be held or continued in the location designated in such order. In a county having two superior court judges the presiding judge may make the order.
(Amended by Stats. 2002, Ch. 784, Sec. 24. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 4 - Superior Courts › Section 74.

74. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Court from sitting at any time.
(Repealed and added by Code Amendments 1880, Ch. 35.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 4 - Superior Courts › Section 75.

75. The superior court in any county may by rule provide that, whenever all judges are absent from the county, any noncontested matter in which no evidence is required, or which may be submitted upon affidavits, shall be deemed submitted upon the filing with the clerk of a statement of submission by the party or the party’s attorney or upon the date set for the hearing.
(Amended by Stats. 2002, Ch. 784, Sec. 25. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 1 - Jurisdiction in Limited Civil Cases › Section 85.

85. Notwithstanding any law, including, but not limited to, a law that classified an action or special proceeding as a limited civil case, an action or special proceeding shall be treated as a limited civil case only if all of the following conditions are satisfied:
(a) The amount in controversy does not exceed thirty-five thousand dollars ($35,000). As used in this section, “amount in controversy” means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys’ fees, interest, and costs.
(b) The relief sought is a type that may be granted in a limited civil case.
(c) The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more laws that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the superior court, including, but not limited to, the following provisions:
(1) Section 798.61 or 798.88 of the Civil Code.
(2) Section 1719 of the Civil Code.
(3) Section 3342.5 of the Civil Code.
(4) Section 86.
(5) Section 86.1.
(6) Section 1710.20.
(7) Section 7581 of the Food and Agricultural Code.
(8) Section 12647 of the Food and Agricultural Code.
(9) Section 27601 of the Food and Agricultural Code.
(10) Section 31503 of the Food and Agricultural Code.
(11) Section 31621 of the Food and Agricultural Code.
(12) Section 52514 of the Food and Agricultural Code.
(13) Section 53564 of the Food and Agricultural Code.
(14) Section 53069.4 of the Government Code.
(15) Section 53075.6 of the Government Code.
(16) Section 53075.61 of the Government Code.
(17) Section 5411.5 of the Public Utilities Code.
(18) Section 9872.1 of the Vehicle Code.
(19) Section 10751 of the Vehicle Code.
(20) Section 14607.6 of the Vehicle Code.
(21) Section 40230 of the Vehicle Code.
(22) Section 40256 of the Vehicle Code.
(Amended by Stats. 2023, Ch. 861, Sec. 2. (SB 71) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 1 - Jurisdiction in Limited Civil Cases › Section 86.1.

86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less.
(Amended by Stats. 2023, Ch. 861, Sec. 4. (SB 71) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 1 - Jurisdiction in Limited Civil Cases › Section 87.

87. (a) A limited civil case may be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. Where a statute or rule applicable to a small claims case conflicts with a statute or rule applicable to a limited civil case, the statute or rule applicable to a small claims case governs the small claims case and the statute or rule applicable to a limited civil case does not.
(b) Nothing in this section affects the jurisdiction of the small claims division as otherwise provided by statute.
(Added by Stats. 1999, Ch. 344, Sec. 3. Effective September 7, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 1 - Jurisdiction in Limited Civil Cases › Section 88.

88. A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case.
(Added by Stats. 1999, Ch. 344, Sec. 4. Effective September 7, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 1 - Jurisdiction in Limited Civil Cases › Section 89.

89. (a) The existence of a statute relating to the authority of the court in a limited civil case does not, by itself, imply that the same authority does or does not exist in an unlimited civil case.
(b) The existence of a statute relating to the authority of the court in an unlimited civil case does not, by itself, imply that the same authority does or does not exist in a limited civil case.
(Added by Stats. 2001, Ch. 44, Sec. 2. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 90.

90. Except where changed by the provisions of this article, all provisions of law applicable to civil actions generally apply to actions subject to this article.
(Amended by Stats. 2003, Ch. 149, Sec. 3. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 91.

91. (a) Except as otherwise provided in this section, the provisions of this article apply to every limited civil case.
(b) The provisions of this article do not apply to any action under Chapter 5.5 (commencing with Section 116.110) or any proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(c) Any action may, upon noticed motion, be withdrawn from the provisions of this article, upon a showing that it is impractical to prosecute or defend the action within the limitations of these provisions.
(Amended by Stats. 1998, Ch. 931, Sec. 36. Effective September 28, 1998.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 92.

92. (a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers.
(b) The answer need not be verified, even if the complaint or cross-complaint is verified.
(c) Special demurrers are not allowed.
(d) Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.
(e) Except as limited by this section, all other motions are permitted.
(Amended by Stats. 1983, Ch. 102, Sec. 2. Effective June 16, 1983.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 93.

93. (a) The plantiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case questionnaire.
(b) Any defendant upon whom a case questionnaire is served shall serve a completed defendant’s case questionnaire upon the requesting plaintiff with the answer.
(c) The case questionnaire shall be designed to elicit fundamental information about each party’s case, including names and addresses of all witnesses with knowledge of any relevant facts, a list of all documents relevant to the case, a statement of the nature and amount of damages, and information covering insurance coverages, injuries and treating physicians. The Judicial Council shall design and develop forms for case questionnaires.
(d) Approved forms shall be made available by the clerk of the court.
(e) If a party on whom a case questionnaire has been served under subdivision (a) or (b) fails to serve a timely or a complete response to that questionnaire, the party serving the questionnaire may move for an order compelling a response or a further response and for a monetary sanction under Section 2023. If a party then fails to obey an order compelling a response or a further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Section 2023. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Section 2023.
(Amended by Stats. 1987, Ch. 86, Sec. 1. Effective July 2, 1987. Operative July 1, 1987, by Sec. 21 of Ch. 86. Superseded on July 1, 2005; see amendment by Stats. 2004, Ch. 182.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 93.

93. (a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case questionnaire.
(b) Any defendant upon whom a case questionnaire is served shall serve a completed defendant’s case questionnaire upon the requesting plaintiff with the answer.
(c) The case questionnaire shall be designed to elicit fundamental information about each party’s case, including names and addresses of all witnesses with knowledge of any relevant facts, a list of all documents relevant to the case, a statement of the nature and amount of damages, and information covering insurance coverages, injuries and treating physicians. The Judicial Council shall design and develop forms for case questionnaires.
(d) Approved forms shall be made available by the clerk of the court.
(e) If a party on whom a case questionnaire has been served under subdivision (a) or (b) fails to serve a timely or a complete response to that questionnaire, the party serving the questionnaire may move for an order compelling a response or a further response and for a monetary sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. If a party then fails to obey an order compelling a response or a further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4.
(Amended by Stats. 2004, Ch. 182, Sec. 5. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)