reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 7 - Actions Relating to Groundwater Rights › ARTICLE 13 - Preliminary Injunction › Section 847.

847. (a) Upon a showing that the basin is in a condition of long-term overdraft, the court may, upon notice and hearing, issue a preliminary injunction.
(b) Bulletins and other reports of the department, and a report of a special master indicating that a condition of long-term overdraft exists in the basin, shall be admissible as evidence of a condition of long-term overdraft. This subdivision does not limit the admissibility of other relevant evidence.
(c) The preliminary injunction may include any of the following terms:
(1) A moratorium on new or increased appropriations of water.
(2) A limitation on, or reduction in, the diversion or extraction of water.
(3) An allocation among the parties establishing amounts of extraction allowed during the pendency of the comprehensive adjudication.
(4) Procedures for voluntary transfers.
(d) The court shall issue a preliminary injunction upon determining all of the following:
(1) The basin is in a condition of long-term overdraft.
(2) The basin has been designated as a probationary basin or the planning deadlines in subdivision (a) of Section 10720.7 of the Water Code are not being complied with.
(3) There is no interim plan in effect under Section 10735.8 of the Water Code.
(e) The court may provide a schedule for further reductions in extractions over a period of years if it finds that doing so appears reasonably necessary to achieve groundwater sustainability within the timelines provided in subdivision (b) of Section 10727.2 of the Water Code.
(f) The terms of a preliminary injunction shall not determine the rights in a final judgment of the comprehensive adjudication.
(g) A bond or undertaking shall not be required for the issuance of a preliminary injunction pursuant to this section.
(h) The court may appoint a watermaster to oversee enforcement of the preliminary injunction.
(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 7 - Actions Relating to Groundwater Rights › ARTICLE 14 - Stay › Section 848.

848. (a) Upon the court’s own motion or the motion of any party to a comprehensive adjudication, a court may stay a comprehensive adjudication for a period of up to one year, subject to renewal in the court’s discretion upon a showing of good cause, in order to facilitate any of the following:
(1) Adoption of a groundwater sustainability plan that provides for a physical solution or otherwise addresses issues in the comprehensive adjudication.
(2) The development of technical studies that may be useful to the parties in the comprehensive adjudication.
(3) Voluntary mediation or participation in a settlement conference on all, or a portion of, the subject matters or legal questions identified in the comprehensive adjudication.
(4) Compromise and settlement of the comprehensive adjudication or issues in the comprehensive adjudication.
(b) Before renewing a stay granted pursuant to subdivision (a), the parties shall report on the progress being made on the issues that were identified as the reasons for the stay.
(c) A stay pursuant to this section shall not stay, or otherwise delay, the parties’ obligations to provide initial disclosures pursuant to Section 842 unless the court determines the initial disclosures will not benefit resolution of the comprehensive adjudication.
(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 7 - Actions Relating to Groundwater Rights › ARTICLE 15 - Physical Solution › Section 849.

849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution.
(b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program.
(Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 7 - Actions Relating to Groundwater Rights › ARTICLE 17 - Judgment Binding on Successors › Section 851.

851. The judgment in a comprehensive adjudication conducted pursuant to this chapter shall be binding on the parties to the comprehensive adjudication and all their successors in interest, including, but not limited to, heirs, executors, administrators, assigns, lessees, licensees, the agents and employees of the parties to the comprehensive adjudication and all their successors in interest, and all landowners or other persons claiming rights to extract groundwater from the basin whose claims have not been exempted and are covered by the notice provided in the comprehensive adjudication.
(Amended (as added by Stats. 2015, Ch. 672, Sec. 1) by Stats. 2016, Ch. 86, Sec. 31. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 7 - Actions Relating to Groundwater Rights › ARTICLE 18 - Continuing Jurisdiction › Section 852.

852. The court shall have continuing jurisdiction to modify or amend a final judgment in a comprehensive adjudication in response to new information, changed circumstances, the interests of justice, or to ensure that the criteria of subdivision (a) of Section 850 are met. If feasible, the judge who heard the original comprehensive adjudication shall preside over actions or motions to modify or amend the final judgment.
(Amended (as added by Stats. 2015, Ch. 672, Sec. 1) by Stats. 2016, Ch. 86, Sec. 33. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 8 - Actions Against Coowners of Mines › Section 853.

853. Upon the failure of a coowner of a mine or mining claim to contribute his proportionate share of the taxes that have been levied and assessed upon the mine or mining claim for the period of five years, a coowner who has paid that share may, at the expiration of the five years, serve upon the delinquent coowner notice thereof.
(Added by renumbering Section 850 (as added by Stats. 1953, Ch. 52) by Stats. 2016, Ch. 86, Sec. 29. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 8 - Actions Against Coowners of Mines › Section 854.

854. The notice shall be served in the manner provided by law for the service of a summons in a civil action, but where service is by publication, the publication shall be in a newspaper of general circulation published in the county in which the mine or mining claim is situated or if there is no such newspaper, in such a newspaper in an adjoining county, and the publication shall be at least once a week for 90 days.
(Added by renumbering Section 851 (as amended by Stats. 1969, Ch. 1611) by Stats. 2016, Ch. 86, Sec. 32. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 8 - Actions Against Coowners of Mines › Section 855.

855. If before the expiration of 90 days from the service the delinquent fails or refuses to contribute his proportionate share of the taxes, the coowner contributing such share may file in the superior court of the county in which the mine or mining claim is situated a verified petition setting forth the facts and particularly describing the mine or mining claim.
(Added by renumbering Section 852 (as added by Stats. 1953, Ch. 52) by Stats. 2016, Ch. 86, Sec. 34. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 8 - Actions Against Coowners of Mines › Section 856.

856. If the mine or mining claim is situated in more than one county, the petition may be filed in the superior court of either county.
(Added by renumbering Section 853 by Stats. 2016, Ch. 86, Sec. 35. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 8 - Actions Against Coowners of Mines › Section 857.

857. The clerk shall set the petition for hearing by the court and give notice of the hearing by causing a notice of the time and place of the hearing to be posted at the county courthouse at least 10 days before the hearing. The court may order such further notice as it deems proper.
(Added by renumbering Section 854 by Stats. 2016, Ch. 86, Sec. 36. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 8 - Actions Against Coowners of Mines › Section 858.

858. The court shall hear evidence for or against the petition and may order judgment on the petition vesting the interest of the delinquent in the mine or mining claim in the petitioner.
(Added by renumbering Section 855 by Stats. 2016, Ch. 86, Sec. 37. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 8 - Actions Against Coowners of Mines › Section 859.

859. A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the mine or mining claim is situated.
(Added by renumbering Section 856 by Stats. 2016, Ch. 86, Sec. 38. (SB 1171) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 860.

860. A public agency may upon the existence of any matter which under any other law is authorized to be determined pursuant to this chapter, and for 60 days thereafter, bring an action in the superior court of the county in which the principal office of the public agency is located to determine the validity of such matter. The action shall be in the nature of a proceeding in rem.
(Added by Stats. 1961, Ch. 1479.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 861.

861. Jurisdiction of all interested parties may be had by publication of summons pursuant to Section 6063 of the Government Code in a newspaper of general circulation designated by the court, published in the county where the action is pending and whenever possible within the boundaries of the public agency, and in such other counties as may be ordered by the court, and if there be no such newspaper in any such county or counties then in some adjoining county. In addition, prior to completion of such publication, the agency shall, to the extent which the court finds reasonably practicable, give notice of the pendency of the proceeding by mail or other means ordered by the court.
(Added by Stats. 1961, Ch. 1479.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 861.1.

861.1. The summons shall be directed to “all persons interested in the matter of [specifying the matter],” and shall contain a notice to all persons interested in the matter that they may contest the legality or validity of the matter by appearing and filing a written answer to the complaint not later than the date specified in the summons, which date shall be 10 or more days after the completion of publication of the summons. The summons shall provide a detailed summary of the matter the public agency or other person seeks to validate. The summons shall also state that persons who contest the legality or validity of the matter will not be subject to punitive action, such as wage garnishment or seizure of their real or personal property. Except as otherwise specified in this section the summons shall be in the form prescribed in Section 412.20.
(Amended by Stats. 1998, Ch. 529, Sec. 1. Effective January 1, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 862.

862. Jurisdiction shall be complete after the date specified in the summons. Any party interested may, not later than the date specified in the summons, appear and contest the legality or validity of the matter sought to be determined.
(Amended by Stats. 1965, Ch. 894.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 863.

863. If no proceedings have been brought by the public agency pursuant to this chapter, any interested person may bring an action within the time and in the court specified by Section 860 to determine the validity of such matter. The public agency shall be a defendant and shall be served with the summons and complaint in the action in the manner provided by law for the service of a summons in a civil action. In any such action the summons shall be in the form prescribed in Section 861.1 except that in addition to being directed to “all persons interested in the matter of [specifying the matter],” it shall also be directed to the public agency. If the interested person bringing such action fails to complete the publication and such other notice as may be prescribed by the court in accordance with Section 861 and to file proof thereof in the action within 60 days from the filing of his complaint, the action shall be forthwith dismissed on the motion of the public agency unless good cause for such failure is shown by the interested person.
(Amended by Stats. 1969, Ch. 1611.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 864.

864. For purposes of this chapter, bonds, warrants, contracts, obligations, and evidences of indebtedness shall be deemed to be in existence upon their authorization. Bonds and warrants shall be deemed authorized as of the date of adoption by the governing body of the public agency of a resolution or ordinance authorizing their issuance, and contracts shall be deemed authorized as of the date of adoption by the governing body of the public agency of a resolution or ordinance approving the contract and authorizing its execution.
(Added by Stats. 1961, Ch. 1479.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 866.

866. The court hearing the action shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.
(Added by Stats. 1961, Ch. 1479.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 867.

867. Actions brought pursuant to this chapter shall be given preference over all other civil actions before the court in the matter of setting the same for hearing or trial, and in hearing the same, to the end that such actions shall be speedily heard and determined.
(Added by Stats. 1961, Ch. 1479.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 867.5.

867.5. (a) In the event that an action is brought by a public agency pursuant to this chapter, and that public agency later dismisses the action after any party has answered, then, notwithstanding Section 863, the party that answered may file an action pursuant to this chapter within 30 days after the public agency’s dismissal was filed by the court.
(b) Subdivision (a) is not applicable to a case in which a public agency has by formal act rescinded the action on the matter subject to validation.
(Added by Stats. 2000, Ch. 723, Sec. 2. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 868.

868. The costs of any proceeding or action pursuant to this chapter may be allowed and apportioned between the parties or taxed to the losing party in the discretion of the court.
(Added by Stats. 1961, Ch. 1479.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 869.

869. No contest except by the public agency or its officer or agent of any thing or matter under this chapter shall be made other than within the time and the manner herein specified. The availability to any public agency, including any local agency, or to its officers or agents, of the remedy provided by this chapter, shall not be construed to preclude the use by such public agency or its officers or agents, of mandamus or any other remedy to determine the validity of any thing or matter.
(Amended by Stats. 1963, Ch. 1865.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 870.

870. (a) The judgment, if no appeal is taken, or if taken and the judgment is affirmed, shall, notwithstanding any other provision of law including, without limitation, Sections 473 and 473.5, thereupon become and thereafter be forever binding and conclusive, as to all matters therein adjudicated or which at that time could have been adjudicated, against the agency and against all other persons, and the judgment shall permanently enjoin the institution by any person of any action or proceeding raising any issue as to which the judgment is binding and conclusive.
(b) Notwithstanding any other provision of law including, without limitation, Section 901 and any rule of court, no appeal shall be allowed from any judgment entered pursuant to this chapter unless a notice of appeal is filed within 30 days after the notice of entry of the judgment, or, within 30 days after the entry of the judgment if there is no answering party. If there is no answering party, only issues related to the jurisdiction of the court to enter a judgment in the action pursuant to this chapter may be raised on appeal.
(Amended by Stats. 1994, Ch. 242, Sec. 1. Effective July 21, 1994.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 9 - Validating Proceedings › Section 870.5.

870.5. Any local public agency that pledges sales or retail transaction and use tax revenues received from taxes imposed by another public agency for bond payments or payment of other security obligations shall, in any validation action it files involving those bonds or other obligations, provide written notice thereof to the public agency imposing the taxes pledged as security for the bonds or other obligations at the time it files the validation action.
(Added by Stats. 1998, Ch. 360, Sec. 1. Effective January 1, 1999.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 10 - Good Faith Improver of Property Owned by Another › Section 871.1.

871.1. as used in this chapter, “good faith improver” means:
(a) A person who makes an improvement to land in good faith and under the erroneous belief, because of a mistake of law or fact, that he is the owner of the land.
(b) A successor in interest of a person described in subdivision (a).
(Added by Stats. 1968, Ch. 150.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 10 - Good Faith Improver of Property Owned by Another › Section 871.2.

871.2. As used in this chapter, “person” includes an unincorporated association.
(Amended by Stats. 1971, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 10 - Good Faith Improver of Property Owned by Another › Section 871.3.

871.3. (a) An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of whether a defendant cross-complains for relief under this chapter. Any other case in which a defendant cross-complains for relief under this chapter shall be treated as a limited civil case if the cross-complaint is defensive and the case otherwise satisfies the amount in controversy and other requirements of Section 85.
(b) In every case, the burden is on the good faith improver to establish that the good faith improver is entitled to relief under this chapter, and the degree of negligence of the good faith improver should be taken into account by the court in determining whether the improver acted in good faith and in determining the relief, if any, that is consistent with substantial justice to the parties under the circumstances of the particular case.
(Amended by Stats. 2000, Ch. 688, Sec. 7. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 10 - Good Faith Improver of Property Owned by Another › Section 871.4.

871.4. The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the Code of Civil Procedure or right to remove the improvement under Section 1013.5 of the Civil Code would result in substantial justice to the parties under the circumstances of the particular case. In determining whether removal of the improvement would result in substantial justice to the parties under the circumstances of the particular case, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the land upon which the improvement was made in connection with the use or development of other property owned by him.
(Added by Stats. 1968, Ch. 150.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 10 - Good Faith Improver of Property Owned by Another › Section 871.5.

871.5. When an action or cross-complaint is brought pursuant to Section 871.3, the court may, subject to Section 871.4, effect such an adjustment of the rights, equities, and interests of the good faith improver, the owner of the land, and other interested parties (including, but not limited to, lessees, lienholders, and encumbrancers) as is consistent with substantial justice to the parties under the circumstances of the particular case. The relief granted shall protect the owner of the land upon which the improvement was constructed against any pecuniary loss but shall avoid, insofar as possible, enriching him unjustly at the expense of the good faith improver. In protecting the owner of the land against pecuniary loss, the court shall take into consideration the expenses the owner of the land has incurred in the action in which relief under this chapter is sought, including but not limited to reasonable attorney fees. In determining the appropriate form of relief under this section, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the land upon which the improvement was made in connection with the use or development of other property owned by him.
(Amended by Stats. 1974, Ch. 244.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 10 - Good Faith Improver of Property Owned by Another › Section 871.6.

871.6. Nothing in this chapter affects the rules of law which determine the relief, if any, to be granted when a person constructs on his own land an improvement which encroaches on adjoining land.
(Added by Stats. 1968, Ch. 150.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 10 - Good Faith Improver of Property Owned by Another › Section 871.7.

871.7. (a) This chapter does not apply where the improver is a public entity or where the improvement is made to land owned or possessed by a public entity. As used in this section, “public entity” includes the United States, a state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation.
(b) This chapter does not apply where the owner of the land upon which the improvement is constructed has appropriated the land to a public use and could have acquired the land for that use by exercising the power of eminent domain.
(Added by Stats. 1968, Ch. 150.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 11 - Actions to Recover COVID-19 Rental Debt › Section 871.10.

871.10. (a) In any action seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, the plaintiff shall, in addition to any other requirements provided by law, attach to the complaint documentation showing that the plaintiff has made a good faith effort to investigate whether governmental rental assistance is available to the tenant, seek governmental rental assistance for the tenant, or cooperate with the tenant’s efforts to obtain rental assistance from any governmental entity, or other third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.
(b) In an action subject to subdivision (a), the court may reduce the damages awarded for any amount of COVID-19 rental debt, as defined in Section 1179.02, sought if the court determines that the landlord refused to obtain rental assistance from the state rental assistance program created pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code, if the tenant met the eligibility requirements and funding was available.
(c) An action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section shall not be commenced before November 1, 2021.
(d) Subdivisions (a) through (c), inclusive, shall not apply to an action to recover COVID-19 rental debt, as defined in Section 1179.02, that was pending before the court as of January 29, 2021.
(e) Except as provided in subdivision (g), any action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section and is pending before the court as of January 29, 2021, shall be stayed until November 1, 2021.
(f) This section shall not apply to any unlawful detainer action to recover possession pursuant to Section 1161.
(g) (1) Actions for breach of contract to recover rental debt that were filed before October 1, 2020, shall not be stayed and may proceed.
(2) This subdivision does not apply to actions filed against any person who would have qualified under the rental assistance funding provided through the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) if the person’s household income is at or below 80 percent of the area median income for the 2020 or 2021 calendar year.
(Amended by Stats. 2021, Ch. 27, Sec. 8. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2027, pursuant to Section 871.12.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 11 - Actions to Recover COVID-19 Rental Debt › Section 871.11.

871.11. (a) Notwithstanding any other law, in any action to recover COVID-19 rental debt, as defined in Section 1179.02, brought as a limited or unlimited civil case, the court shall not, under ordinary circumstances, award reasonable attorneys’ fees to a prevailing party that exceed the following amounts:
(1) If the matter is uncontested, five hundred dollars ($500).
(2) If the matter is contested, one thousand dollars ($1,000).
(b) In determining whether a case was litigated under ordinary circumstances, the court may consider the following:
(1) The number and complexity of pretrial and posttrial motions.
(2) The nature and extent of any discovery performed.
(3) Whether the case was tried by jury or by the court.
(4) The length of the trial.
(5) Any other factor the court, in its discretion, finds relevant, including whether the tenant or the landlord, or both the tenant and the landlord, would have been eligible to receive a rental assistance payment from the governmental entity, or other third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.
(c) Nothing in this section shall be interpreted to entitle the prevailing party to an award of reasonable attorneys’ fees if that award is not otherwise provided for by law or agreement.
(d) This section shall remain in effect until October 1, 2025, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 27, Sec. 9. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2025, by its own provisions.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10 - ACTIONS IN PARTICULAR CASES › CHAPTER 11 - Actions to Recover COVID-19 Rental Debt › Section 871.12.

871.12. This chapter shall remain in effect until October 1, 2027, and as of the date is repealed.
(Amended by Stats. 2021, Ch. 27, Sec. 10. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2027, by its own provisions. Note: Repeal affects Ch. 11, commencing with Section 871.10.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 872.010.

872.010. As used in this title:
(a) “Action” means an action for partition under this title.
(b) “Lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity.
(c) “Property” includes real and personal property.
(d) “Remainder” includes reversion, reversionary interest, right of entry, and executory interest.
(e) “Title report” includes a preliminary report, guarantee, binder, or policy of title insurance.
(Amended by Stats. 1979, Ch. 730.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 872.020.

872.020. This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property.
(Amended by Stats. 2022, Ch. 82, Sec. 1. (AB 2245) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 872.030.

872.030. The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this title.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 1 - Preliminary Provisions › Section 872.040.

872.040. Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 2 - Powers of Court › Section 872.110.

872.110. (a) The superior court has jurisdiction of actions under this title.
(b) Subject to the power of the court to transfer actions, the proper county for the trial of actions under this title is:
(1) Where the subject of the action is real property or real and personal property, the county in which the real property, or some part thereof, is situated.
(2) Where the subject of the action is personal property, the county in which the personal property is principally located at the commencement of the action or in which the defendants, or any of them, reside at the commencement of the action.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 2 - Powers of Court › Section 872.120.

872.120. In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 2 - Powers of Court › Section 872.130.

872.130. In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of:
(a) Preventing waste.
(b) Protecting the property or title thereto.
(c) Restraining unlawful interference with a partition of the property ordered by the court.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 1 - General Provisions › ARTICLE 2 - Powers of Court › Section 872.140.

872.140. The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 1 - Complaint and Lis Pendens › Section 872.210.

872.210. (a) A partition action may be commenced and maintained by any of the following persons:
(1) A coowner of personal property.
(2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates.
(b) Notwithstanding subdivision (a), an action between spouses or putative spouses for partition of their community or quasi-community property or their quasi-marital interest in property may not be commenced or maintained under this title.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 1 - Complaint and Lis Pendens › Section 872.220.

872.220. If it is necessary to have a title report:
(a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate this has been done and designate a place where it will be kept for inspection, use, and copying by the parties.
(b) The court may, upon application of a party, authorize the party to procure a title report and shall designate a place where it shall be kept for inspection, use, and copying by the parties.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 1 - Complaint and Lis Pendens › Section 872.230.

872.230. The complaint shall set forth:
(a) A description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any.
(b) All interests the plaintiff has or claims in the property.
(c) All interests of record or actually known to the plaintiff that persons other than the plaintiff have or claim in the property and that the plaintiff reasonably believes will be materially affected by the action, whether the names of such persons are known or unknown to the plaintiff.
(d) The estate as to which partition is sought and a prayer for partition of the interests therein.
(e) Where the plaintiff seeks sale of the property, an allegation of the facts justifying such relief in ordinary and concise language.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 1 - Complaint and Lis Pendens › Section 872.240.

872.240. Real and personal property may be partitioned in one action.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 1 - Complaint and Lis Pendens › Section 872.250.

872.250. (a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located.
(b) If, thereafter, partition of other real property is sought in the same action, the plaintiff or other person seeking such relief shall immediately record a supplemental notice.
(c) If the notice is not recorded, the court, upon its own motion or upon the motion of any party at any time, shall order the plaintiff or person seeking partition of the property, or another party on behalf of the plaintiff or other person, to record the notice and shall stay the action until the notice is recorded. The expense of recordation shall be allowed to the party incurring it.
(d) From the time of filing the notice for record, all persons shall be deemed to have notice of the pendency of the action as to the property described in the notice.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 2 - Summons › Section 872.310.

872.310. (a) The form, content, and manner of service of summons shall be as in civil actions generally.
(b) Service on persons named as parties pursuant to Sections 872.530(b) and 872.550, and on other persons named as unknown defendants, shall be by publication pursuant to Section 415.50 and the provisions of this article.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 2 - Summons › Section 872.320.

872.320. Where the court orders service by publication, such order shall be subject to the following conditions:
(a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint on the real property that is the subject of the action.
(b) The plaintiff shall record, if not already recorded, a notice of the pendency of the action.
(c) The publication shall describe the property that is the subject of the action. In addition to particularly describing the property, the publication shall describe the property by giving its street address, if any, or other common designation, if any; but, if a legal description of the property is given, the validity of the publication shall not be affected by the fact that the street address or other common designation recited is erroneous or that the street address or other common designation is omitted.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 2 - Summons › Section 872.330.

872.330. (a) Where the court orders service by publication, the publication may:
(1) Name only the defendants to be served thereby.
(2) Describe only the property in which the defendants to be served thereby have or claim interests.
(b) Judgment based on failure to appear and answer following service under this section shall be conclusive against the defendants named in respect only to property described in the publication.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 3 - Answer › Section 872.410.

872.410. The answer shall set forth:
(a) Any interest the defendant has or claims in the property.
(b) Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true.
(c) Where the defendant seeks sale of the property, an allegation of the facts justifying such relief in ordinary and concise language.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 3 - Answer › Section 872.420.

872.420. Where the defendant has or claims a lien on the property, the answer shall set forth the date and character of the lien and the amount remaining due thereon.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 3 - Answer › Section 872.430.

872.430. The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 4 - Parties › Section 872.510.

872.510. The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 4 - Parties › Section 872.520.

872.520. (a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550.
(b) If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action.
(c) The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper.
(Amended by Stats. 2023, Ch. 260, Sec. 8. (SB 345) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 4 - Parties › Section 872.530.

872.530. (a) If a person described in Section 872.510 is dead and the plaintiff knows of a personal representative, the plaintiff shall join such personal representative as a defendant.
(b) If a person described in Section 872.510 is dead, or is believed by the plaintiff to be dead, and the plaintiff knows of no personal representative:
(1) The plaintiff shall state these facts in an affidavit filed with the complaint.
(2) Where it is stated in the affidavit that such person is dead, the plaintiff may join as defendants “the testate and intestate successors of ____ (naming such deceased person), deceased, and all persons claiming by, through, or under said decedent,” naming them in that manner.
(3) Where it is stated in the affidavit that such person is believed to be dead, the plaintiff may join such person as a defendant, and he may also join “the testate and intestate successors of ____ (naming such person) believed to be deceased, and all persons claiming by, through, or under such person,” naming them in that manner.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 4 - Parties › Section 872.540.

872.540. Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff need not join as defendants persons whose only interest in the property is that of a lessee, royalty-owner, lessor-owner of other real property in the community, unit, or pooled area, or working interest owner, or persons claiming under them, and the judgment shall not affect the interests of such persons not joined as defendants.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 2 - Commencement of Action › ARTICLE 4 - Parties › Section 872.550.

872.550. Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the property,” naming them in that manner.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 3 - Trial › ARTICLE 1 - Determination of Interests of Parties › Section 872.610.

872.610. The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.
(Added by Stats. 1976, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY › CHAPTER 3 - Trial › ARTICLE 1 - Determination of Interests of Parties › Section 872.620.

872.620. To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property.
(Added by Stats. 1976, Ch. 73.)