
708.560.  (a) Either the judgment creditor or the judgment debtor
may apply to the court on noticed motion for an order to modify
or set aside the assignment order.  The notice of motion shall be
served on the other party.  Service shall be made personally or
by mail.

(b) The court shall make an order modifying or setting aside the
assignment order upon a showing that there has been a material
change in circumstances since the time of the previous hearing on
the assignment order. The court may order a reassignment of the
right to payments as necessary.  The order shall state whether
and to what extent it applies to payments already made.

708.610.  The provisions of Chapter 5 (commencing with Section 564)
and Chapter 5a (commencing with Section 571) of Title 7 govern the
appointment, qualifications, powers, rights, and duties of a receiver
appointed under this article.

708.620.  The court may appoint a receiver to enforce
the judgment where the judgment creditor shows
that, considering the interests of both the judgment creditor and the
judgment debtor, the appointment of a receiver is a reasonable method
to obtain the fair and orderly satisfaction of the judgment.

708.630. (a) The judgment debtor's interest in an alcoholic beverage license
may be applied to the satisfaction of a money judgment only as
provided in this section.

(b) The court may appoint a receiver for the purpose of transferring
the judgment debtor's interest in an alcoholic beverage license that
is transferable under Article 5 (commencing with Section 24070) of
Chapter 6 of Division 9 of the Business and Professions Code, unless
the judgment debtor shows in the proceeding to appoint a receiver that
the amount of delinquent taxes described in Section 24049 of the
Business and Professions Code and claims of creditors with priority
over the judgment creditor pursuant to Section 24074 of the Business
and Professions Code exceed the probable sale price of the license.

(c)    The receiver may exercise the powers of the licensee as
necessary and in exercising such powers shall comply with the
applicable provisions of Division 9 (commencing with Section 23000)
of the Business and Professions Code and applicable regulations
of the Department of Alcoholic Beverage Control.  An application shall
be filed to transfer the license to the receiver and a temporary
retail permit shall be obtained during the pendency of the transfer.

708.710.  As used in this article:

(a)    "Local public entity" means any public entity other than the
state.

(b)    "Public entity" means the state, a county, city, district,
public authority, public agency, and any other political
subdivision in the state.

(c)    "State" means the State of California.

(d)    "State agency" means a state office, officer, department,
division, bureau, board, commission or agency claims against
which are paid by warrants drawn by the Controller.

708.720. (a) If a public entity owes money to the judgment debtor, the
obligation of the public entity may be applied to the
satisfaction of the money judgment against the judgment debtor
only in the manner provided by (1) this article, (2) Chapter 5 (commencing
with Section 706.010) (wage garnishment), or (3)
Article 5 (commencing with Section 708.410) (lien in pending
action or proceeding).

(b)    The earnings of a public officer or employee shall not be
withheld pursuant to this article.  Except as expressly
provided by law, the earnings of a public officer or employee
may be withheld for the payment of a money judgment only
pursuant to Chapter 5 (commencing with Section 706.010).

(c)    If the obligation of a public entity to pay money to the
judgment debtor is the subject of a pending action or special
proceeding, the procedure in this article does not apply.  The
payment of the obligation that is the subject of the pending
action or special proceeding may be applied to the
satisfaction of the  money judgment against the judgment
debtor only in the manner provided in Article 5 (commencing
with Section 708.410).

708.730.  (a) If money is owing and unpaid to the judgment debtor by a
public entity, the judgment creditor may file, in the manner provided
in this article, an abstract of the money judgment or a certified copy
of the money judgment, together with an affidavit that states that the
judgment creditor desires the relief provided by this article and
states the exact amount then required to satisfy the judgment.  The
judgment creditor may state in the affidavit any fact tending to
establish the identity of the judgment debtor.

(b) Promptly after filing the abstract or certified copy of the
judgment and the affidavit with the public entity, the judgment
creditor shall serve notice of the filing on the judgment debtor.
Service shall be made personally or by mail.

(c)    If the judgment is for support and related costs and money
is owing and unpaid to the judgment debtor by a state agency,
including, but not limited to, money owing and unpaid to the
judgment debtor by a state agency on a claim for refund from the
Franchise Tax Board under the Personal Income Tax
Law, Part 10 (commencing with Section 17001) of Division 2 of the
Revenue and Taxation Code, or the Bank and Corporation Tax Law,
Part 11 (commencing with Section 23001) of Division 2 of the Revenue
and Taxation Code, and the district attorney is enforcing the support
obligation pursuant to Section 11475.1 of the Welfare and
Institutions Code, the claim may be submitted as follows:  The
district attorney may file the affidavit referred to in
subdivision (a) without filing an abstract or certified copy of
the judgment.  In lieu thereof, the affidavit shall also state
that an abstract of the judgment could be obtained.

Where there is more than one judgment debtor, the district
attorney may include all the judgment debtors in a single
affidavit.  Separate affidavits need not be submitted for each
judgment debtor.  The affidavit need not on its face separately
identify each judgment debtor or the exact amount required to
satisfy the judgment, so long as it incorporates by reference
forms or other automated data transmittals, as required by the
State Department of Social Services, which contain this
information.  Affidavits submitted pursuant to this subdivision
by the district attorney shall meet  the standards and
procedures prescribed by the state agency to which the affidavit
is submitted, except that those affidavits submitted with
respect to moneys owed and unpaid to the judgment  debtor as a
result of a claim for refund from the Franchise Tax Board under
the Personal Income Tax Law, Part 10 (commencing with Section 17001)
of Division 2 of the Revenue and Taxation Code, or the Bank and
Corporations Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, shall meet the standards
and procedures prescribed by the Franchise Tax Board.
In serving the notice required by subdivision (b), the Director of the
State Department of Social Services or his or her designee may act in
lieu of the judgment creditor as to judgments enforced under this
division.

(d)    If the judgment is for child, spousal, or family support and
related costs and money is owing and unpaid to the judgment
debtor by a state agency on a claim for refund from the Franchise
Tax Board under the Personal Income Tax Law, Part 10 (commencing
with Section 17001) of Division 2 of the Revenue and Taxation
Code, or the Bank and Corporation Tax Law, Part 11 (commencing
with Section 23001) of Division 2 of the Revenue and Taxation
Code, or as a result of the judgment debtor's winnings in the
California State Lottery, the judgment creditor may file with the
court an abstract or a certified copy of the judgment ordering
the payment of child, spousal, or family support, together with a
request that the court issue a Notice of Support Arrearage, as
provided in Section 708.780, to which any personal income tax
refunds and lottery winnings owed the judgment debtor by the
State of California will be subject.  The request shall be
accompanied by an affidavit which shall state that the judgment
creditor desires the relief provided by this subdivision and
shall state the exact amount then required to satisfy the
judgment.  In addition, the affidavit shall specify the beginning
and ending dates of all periods during which the arrearage for
support occurred, specify the arrearage for each month, and state
that each specified arrearage has been delinquent for at least 30
days. It shall also certify that the child or children are not
recipients, and during the period for which payment is requested,
were not recipients, of Aid to Families with Dependent Children
and there was no assignment to a state or county agency of
support and  shall certify on information and belief that there
is not current or past action by a district attorney pending for
support or support enforcement on the judgment creditor's behalf.

The request shall have attached a proof of service showing that
copies of the request, the affidavit, and the abstract or
certified copy of the judgment ordering the payment of support
have been served on the judgment debtor and the district attorney
of the county in which the support judgment is entered.
Service shall be by certified mail, postage prepaid, return
receipt requested, to the last known address of the party to be
served, or by personal service.

This subdivision does not apply in any instance in which a
district attorney initiated or participated as counsel in the
action for support or if support is required to be paid through a
district attorney's office.

This subdivision shall be operative only until January 1, 1994.

(e)    For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.

708.740.  (a) Except as provided in subdivision (e), if money
is owing and unpaid to the judgment debtor by a state agency,
the judgment creditor shall file the abstract or certified copy
of the judgment and the affidavit with the state agency owing
the money to the judgment debtor prior to the time the state
agency presents the claim of the judgment debtor to the
Controller. Where the affidavit is prepared under subdivision (c)
of Section 708.730, the affidavit shall be filed with the
State Department of Social Services, and no abstract need be filed.
Filing of the affidavit with the department shall be sufficient to
require the Controller to transfer the funds claimed by the
judgment debtor, notwithstanding that the claim of the judgment
debtor has been filed with another state agency.

(b)    When presenting the claim of the judgment debtor to the
Controller, the state agency shall do all of the following:

(1)    Note the fact of the filing of the abstract or certified
copy of the judgment and the affidavit.

(2)    State the amount required to satisfy the judgment as shown
by the affidavit.

(3)    State any amounts advanced to the judgment debtor by the
state, or owed by the judgment debtor to the state, for expenses
or for any other purpose.

(c)    Except as provided in subdivisions (d) and (e), to
discharge the claim of the judgment debtor, the Controller
shall (1) deposit with the court, by a warrant or check payable to the
court, the amount due the judgment debtor (after deducting an
amount sufficient to reimburse the state for any amounts advanced
to the judgment debtor or owed by the judgment debtor to the state)
required to satisfy the money judgment as shown by the affidavit in
full or to the greatest extent and (2) pay the balance thereof, if
any, to the judgment debtor.

(d)    Where an affidavit stating the existence of a judgment for
support has been submitted to the State Department of Social
Services, pursuant to subdivision  c of Section 708.730, to
discharge the claim of a judgment debtor, the Controller shall
direct payment to the county agency designated by the district
attorney in his or her affidavit.

(e)    Where the judgment is for support and the money owed is for
lottery winnings or a refund of overpayment of tax, penalty,
interest, or interest allowable with respect to an overpayment
under Part 10 (commencing with Section 17001) of Division 2 of
the Revenue and Taxation Code, and the support obligation is not
being enforced pursuant to Section 11475.1 of the Welfare and
Institutions Code, the judgment creditor may file the abstract or
certified copy of the judgment with the district attorney of the
county in which the support judgment is entered or registered.
The district attorney shall then file the claim of the judgment
creditor pursuant to subdivision c of Section 708.730.

When funds are received by the district attorney he or she
shall discharge any claim of the judgment debtor by forwarding those
sums to the clerk of the court pursuant to subdivision c of this
section.  Any and all notices otherwise required of a judgment
creditor or the clerk of the court, and any litigation to enforce
rights under this subdivision shall be the responsibility of the
judgment creditor, the same as if service had been directly on the
Controller without the intervention of the district attorney.

(f)    Where the claim of the judgment debtor is less than ten
dollars ($10) and  the claim of the judgment creditor arises
under an affidavit filed pursuant to subdivision c of Section 708.730,
the Controller may disregard the claim of the judgment
creditor and forward any and all sums due to the judgment debtor.
In  the event that there is more than one claimant for a refund,
the Franchise Tax Board shall have discretion in allocating the
overpayment among claimants.

(g)    Should two or more district attorneys submit claims on
behalf of a judgment creditor, the Controller in his or her
discretion may select which claim or claims he or she shall
honor.

(h)    Any claims which are honored in behalf of a judgment
creditor shall be considered as refunds of tax overpayments to
the judgment debtor.

(i)    For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.

708.750.  If money is owing and unpaid to the judgment debtor by a
public entity other than a state agency, the judgment creditor shall
file the abstract or certified copy of the judgment and the affidavit
with the auditor of the public entity or, if there is no auditor, with
the official whose duty corresponds to that of auditor.  To discharge
the claim of the judgment debtor, the auditor or other official shall

(1) deposit with the court by a warrant or check payable to the court,
the amount due the judgment debtor (after deducting an amount
sufficient to reimburse the public entity for any amounts advanced to
the judgment debtor or owed by the judgment debtor to the public
entity) required to satisfy the money judgment as shown by the
affidavit in full or to the greatest extent and (2) pay the balance
thereof, if any, to the judgment debtor.

708.760.  (a) If the judgment debtor named in the abstract or certified
copy of the judgment filed pursuant to this article is a contractor upon a public
work, the cost of which is to be paid out of public moneys voted,
appropriated, or otherwise set apart for such purpose, only so much of
the contract price shall be deemed owing and unpaid within the meaning
of Section 708.740 or 708.750 as may remain payable under the terms of
the contractor's contract, upon the completion thereof, after
deducting sums due and to become due to persons described in Section 3181
of the Civil Code.  In ascertaining the sums due or to become due
to  such persons, only claims which are filed against the moneys due
or to become due to the judgment debtor in accordance with the
provisions of Chapter 4 (commencing with Section 3179) of Title 15 of
Part 4 of Division 3 of the Civil Code shall be considered.

(b) The Controller, auditor, or other public disbursing
officer whose duty it is to make payments under the provisions
of the contract may not deposit an amount with the court
pursuant to this article until the contract is completed, but
may deposit an amount with the court to satisfy the claim of the
judgment debtor before the payments specified in subdivision (a)
are made so long as a sufficient amount is retained for the
satisfaction of the claims of persons described in Section 3181 of
the Civil Code.

708.770.  (a) Except as provided in subdivision (g), promptly after
deposit with the court by the public entity, the court clerk shall
cause a notice of deposit to be served on the judgment debtor.
Service shall be made personally or by mail.

(b)    Within 10 days after service of the notice of deposit pursuant
to subdivision (a), the judgment debtor who claims an exemption
shall do both of the following:

(1)    File with the court a claim of exemption and a notice of
motion for an order determining the claim of exemption.  The
claim of exemption shall include all of the matters set forth in
subdivision (b) of Section 703.520.

(2)    Serve on the judgment creditor a copy of the notice of
motion, a copy of the claim of exemption, and a notice of hearing
on the motion.  Service shall be made personally or by mail.

(c)    The hearing on the motion shall be held not later than 30 days
from the date the notice of motion was filed with the court unless
continued by the court for good cause.

(d)    Within 10 days after the judgment creditor is served under
subdivision (b), the judgment creditor who opposes the motion
shall do both of the following:

(1)    File with the court a notice of opposition to the claim
of exemption.  The notice of opposition to the claim of
exemption shall be executed under oath and shall include all
of the matters set forth in Section 703.560.

(2)    Serve on the judgment debtor a copy of the notice of
opposition to the claim of exemption.  Service shall be made
personally or by mail.

(e)    Subdivisions (a) to (d), inclusive, of Section 703.580 and
Sections 703.590 and 703.600 apply to a claim of exemption made
pursuant to this section.

(f)    The failure of the judgment debtor to make a claim of
exemption under this section constitutes a waiver of the
exemption.

(g)    In lieu of service of the notice of deposit described
herein, where a state agency has been served with an affidavit
pursuant to subdivision c of Section 708.730 and has presented
the claim of the judgment creditor to the Controller pursuant to
subdivision (a) of Section 708.740, the state agency shall cause
a notice of deposit to be sent to the judgment debtor instructing
the judgment debtor to file any and all requests for relief with
the district attorney who filed the affidavit, or the court clerk
if the seizure arises under subdivision (e) of Section 708.740.

Except in those cases arising under subdivision (e) of Section 708.740,
the judgment debtor shall file the request for relief
with the district attorney within 15 days after service of notice
from the public agency, or the judgment debtor shall be deemed to
have waived any claim he or she might otherwise have.  If the
matter cannot be resolved with the district attorney, the
district attorney shall so advise the judgment debtor and the
judgment debtor shall then be authorized to commence proceedings
under this section or any other appropriate provision of law.

The notice from the district attorney shall for any limitation
have the same effect as a notice of deposit under subdivision (a).

Service of any notice or request under this subdivision
shall be made personally or by mail.

Claims arising from the filing of an abstract or certified copy
of a judgment, under subdivision (e) of Section 708.740 shall be
governed by the procedure and limitations set forth in
subdivisions (a) through (f).

708.775.  After the expiration of the period allowed for claiming an
exemption under Section 708.770 if no exemption has been claimed, or
after the determination of the claim of exemption if an exemption is
claimed within the period allowed for claiming the exemption under
Section 708.770, the court shall pay the nonexempt portion of the
money deposited to which the judgment creditor is entitled to the
judgment creditor and the balance thereof, if any, to the judgment
debtor, unless some other disposition is required by law.

708.780.  (a) Filing of the abstract or certified copy of the judgment
and the affidavit pursuant to this article creates a lien on the money
owing and unpaid to the judgment debtor by the public entity in an
amount equal to that which may properly be applied to the satisfaction
of the money judgment under this article.

(b)    When an affidavit is filed pursuant to subdivision  c of
Section 708.730, it shall apply to all claims for refund from the
Franchise Tax Board under the Personal Income Tax Law,
Part 10 (commencing with Section 17001) of Division 2  of the Revenue
and Taxation Code, or the Bank and Corporation Tax Law,
Part 11 (commencing with Section 23001) of Division 2 of the Revenue
and Taxation Code, which the judgment debtor subsequently claims
during a period one year after filing of the affidavit, or
October 1 of the year following the filing of the affidavit,
whichever occurs later, the same as if claims for these
overpayments were  filed by the judgment debtor with the
appropriate state agency on the date the affidavit was filed.

(c)    When a request is filed pursuant to subdivision (d) of
Section 708.730 with the court, the clerk of the court shall
issue  a Notice of Support Arrearage.  The clerk of the court
shall issue the notice 30 days after the request was filed
pursuant to subdivision (d) of Section 708.730 without a hearing
if no objection has been raised by the judgment debtor pursuant
to this subdivision.  If an objection has been raised, the
notice shall not be ordered until after a hearing.  The notice
shall contain the name of the person ordered to pay support and
his or her social security number; the amount of the arrearage
determined by the court; whether the arrearage is for child,
spousal, or family support and the specific combination thereof;
a statement of how the recipient may challenge the statement of
arrearage; and the name, address, and social security number of
the person to whom the arrearage is owed.  Upon the clerk of
the court issuing the Notice of Support Arrearage, a copy of the
request, the affidavit, and the notice shall be served by the
party who requested the court to issue the Notice of Support
Arrearage upon the person ordered to pay support and the
Controller.  Service may be personal, in accordance with Section 1011,
or by mail, in accordance with Section 1013.  Service upon the
Controller shall be at the Controller's office in Sacramento.
The judgment debtor may object to the request or affidavit upon any of
the following grounds:  (1) there is an error in the amount of the
arrearage stated in  the affidavit; (2) the alleged judgment debtor is
not the judgment debtor from whom the support is due; (3) the amount
to be intercepted exceeds that allowable under federal law; (4) a
default in payment of the support for 30 days has not occurred; or (5)
other necessary factual allegations contained in the affidavit are
erroneous.

Upon receipt of the Notice of Support Arrearage, the Controller shall
take reasonable measures to deduct from any personal income tax
refunds and lottery winnings owed and processed for payment to the
judgment debtor  and deposit with the court a warrant, subject to
Sections 708.770 and 708.775, with service of a copy of the warrant
upon the district attorney of the county in which the support
judgment is entered, payable to the court, the amount due the judgment
creditor (after deducting an amount sufficient to reimburse the state
for any amounts advanced to the judgment debtor or owed by the
judgment debtor to the state) required to satisfy the money judgment
as shown by the affidavit in full or to the greatest extent, and pay
the balance thereof, if any, to the judgment debtor.  At any hearing
pursuant to Section 708.770, the judgment debtor may challenge the
distribution of these funds on exemption or other grounds, including,
but not limited to, an allegation that the judgment has been satisfied
or that service was  improper. The notice shall not apply to any money
which is exempt by law from execution.  The Controller shall determine
the cost of enforcing the notice and may establish a notice filing fee
not to exceed five dollars ($5).

Service of the Notice of Support Arrearage and of the request and
affidavit pursuant to this subdivision creates a lien on the money
owing and unpaid to the judgment debtor which shall become effective 30
days following service upon the Controller.  This notice shall
remain in effect for four years from the date of its issuance or until
the arrearage for which the notice was issued is satisfied, whichever
occurs first.

Any person who files a request with the court to issue a Notice of
Support Arrearage pursuant to subdivision (d) of Section 708.730 shall
notify the court and the Controller of any satisfaction of the
arrearage after the Notice of Support Arrearage has been issued by the
clerk of the court. The notice to the court and the Controller shall
be filed with the court and the Controller and served upon the
district attorney of the county in which the support judgment is
entered within 30 days of the satisfaction or discharge and shall show
a partial or full satisfaction of the arrearage or any other
resolution of the arrearage.

Upon filing and service, the Notice of Support Arrearage shall be of
no force and effect.

This subdivision shall be operative only until January 1, 1994.

(d)    For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.

708.785.  (a) The judgment creditor upon filing the abstract or
certified copy of the judgment and the affidavit shall pay a fee of
six dollars ($6) to the public entity with which it is filed.

(b) Fees received by the state under this section shall be deposited
to the credit of the fund from which payments were, or would be, made
on account of collection under this article.

708.790.  No public officer or employee is liable for failure to perform a
duty imposed by this article unless sufficient information is furnished by the
abstract or certified copy of the judgment together with the affidavit
to enable the officer or employee in the exercise of reasonable
diligence to ascertain the identity of the judgment debtor therefrom
and from the papers and records on file  in the office in which the
officer or employee works.  The word "office" as used in this section
does not include any branch or subordinate office located in a
different city.

709.010.  (a) As used in this section, "trust" has the meaning
provided in Section 82 of the Probate Code.

(b)    The judgment debtor's interest as a beneficiary of a trust
is subject to enforcement of a money judgment only upon petition
under this section by a judgment creditor to a court having
jurisdiction over administration of the trust as prescribed in
Part 5 (commencing with Section 17000) of Division 9 of the
Probate Code.  The judgment debtor's interest in the trust
may be applied to the satisfaction of the money judgment by such means
as the court, in its discretion, determines are proper, including but
not limited to imposition of a lien on or sale of the judgment
debtor's interest, collection of trust income, and liquidation and
transfer of trust property by the trustee.

(c)    Nothing in this section affects the limitations on the
enforcement of a money judgment against the judgment debtor's
interest in a trust under Chapter 2 (commencing with Section 15300)
of Part 2 of Division 9 of the Probate Code, and the
provisions of this section are subject to the limitations of that
chapter.

709.020.  The judgment creditor may apply to the court on noticed
motion for an order applying to the satisfaction of a money judgment a
contingent remainder, executory interest, or other interest of the
judgment debtor in property that is not vested in the judgment debtor.
The interest of the judgment debtor may be applied to the satisfaction
of the money judgment by such means as the court, in its discretion,
determines are proper to protect the interests of both the judgment
debtor and judgment creditor, including but not limited to the
imposition of a lien on or the sale of the judgment debtor's interest.

709.030.  Property in a guardianship or conservatorship estate
is not subject to enforcement of a money judgment by a procedure
provided in this division, but the judgment creditor may apply
to the court in which the guardianship or conservatorship
proceeding is pending under Division 4 (commencing with Section 1400)
of the Probate Code for an order requiring payment of the
judgment.

712.010.  After entry of a judgment for possession or sale of
property, a writ of possession or sale shall be issued by the clerk of
the court upon application of the judgment creditor and shall be
directed to the levying officer in the county where the judgment is to
be enforced.  The application shall include a declaration under
penalty of perjury stating the daily rental value of the property as
of the date the complaint for unlawful detainer was filed.  A separate
writ shall be issued for each county where the judgment is to be
enforced.  Writs may be issued successively until the judgment is
satisfied, except that a new writ may not be issued for a county until
the expiration of 180 days after the issuance of a prior writ for that
county unless the prior writ is first returned.

712.020.  A writ of possession or sale issued pursuant to this
division shall require the levying officer to whom it is directed to
enforce the judgment and shall include the following information:

(a)    The date of issuance of the writ.

(b)    The title of the court where the judgment for possession or
sale is entered and the cause and number of the action.

(c)    The name and address of the creditor and the name and last
known address of the judgment debtor.

(d)    The date the judgment was entered, and the date of any
subsequent renewals, and where entered in the records of the
court.

(e)    If the judgment for possession or sale includes a money
judgment, the amount required to satisfy the money judgment on
the date the writ is issued and the amount of interest accruing
daily on the principal amount of the judgment from the date the
writ is issued may be included on the writ at the option of the
creditor.

(f)    Whether any person has requested notice of sale under the
judgment and, if so, the name and address of such person.

(g)    Any other information required to be included in the
particular writ.

712.030.  (a) Upon delivery of the writ of possession or sale to the
levying officer to whom the writ is directed, together with the
written instructions of the judgment creditor, the levying officer
shall execute the writ in the manner prescribed by law.

(b) The levying officer may not levy upon or otherwise seize property
under the writ after the expiration of 180 days from the date the writ
was issued.

712.040.  (a) A writ of possession or sale may be enforced as a writ
of execution to satisfy any money judgment included in the judgment
for possession or sale.  If amounts due under the judgment are not
satisfied pursuant to the writ of possession or sale, the judgment
creditor may use a writ of execution to satisfy any money judgment
included in the judgment after the writ of possession or sale has been
returned or 180 days after its issuance, whichever is earlier.  If the
judgment creditor does not desire issuance of a writ of possession or
sale (because possession has been voluntarily surrendered, the secured
obligation has been voluntarily satisfied, or other reason), a writ of
execution may be issued to satisfy any money judgment included in the
judgment.

(b)    Whether or not a writ of possession or sale has been issued,
enforced, or returned, the judgment creditor may use any
available remedies provided by Chapter 5 (commencing with Section 706.010)
or Chapter 6 (commencing with Section 708.010) of Division 2 to satisfy
any money judgment included in the judgment.

(c)    Notwithstanding subdivisions (a) and (b), if so ordered in a
judgment for sale, a money judgment included in the judgment may
only be enforced as ordered by the court.

712.050.  The return of a writ of possession or sale is governed by
Section 699.560 (return of writ of execution).

712.060.  The court may appoint a receiver pursuant to Article 7 (commencing
with Section 708.610) of Chapter 6 of Division 2 to enforce a judgment for
possession or sale of property.  712.070.  Except as provided in Section 695.050,
a judgment against a public entity is enforceable under
this division.

714.010.  (a) A judgment for possession of
personal property may be enforced by a writ of possession of
personal property issued pursuant to Section 712.010.

(b) In addition to the information required by Section 712.020,
the writ of possession of personal property shall contain the
following:

(1)    A description of the property to be delivered to the
judgment creditor in satisfaction of the judgment.

(2)    The value of the property if specified in the judgment or a
supplemental order.

714.020.  (a) To execute the writ of possession of personal property,
the levying officer shall search for the property specified in the
writ and, if the property is in the possession of the judgment debtor
or an agent of the judgment debtor, take custody of the property in
the same manner as a levy under a writ of execution on such property
in the possession of the judgment debtor.  Custody of  personal
property used as a dwelling shall be taken as provided by Section 700.080.
Custody of property in a private place shall be taken as
provided by Section 699.030.  If the levying officer obtains
possession of the property specified in the writ of possession, the
levying officer shall deliver the property to the judgment creditor in
satisfaction of the judgment.

(b) If the property specified in the writ of possession cannot be
taken into custody, the levying officer shall make a demand upon the
judgment debtor for the property if the judgment debtor can be
located.  If custody of the property is not then obtained, the levying
officer shall so state in the return.  Thereafter the judgment for the
possession of the property may be enforced in the same manner as a
money judgment for the value of the property as specified in the
judgment or a supplemental order.

(c)    The writ of possession of personal property may, under the
circumstances described in subdivision (b), be treated as a writ
of execution.

714.030.  (a) After entry of a judgment for possession of personal
property, and whether or not a writ of possession of personal property
has been issued, the judgment creditor may apply to the court for an
order directing the judgment debtor to transfer possession of the
property or documentary evidence of title to the property or both to
the judgment creditor.  The application shall be made on noticed
motion if the court so directs or a court rule so requires.
Otherwise, the application may be made ex parte.

(b) The court may issue an order pursuant to this section upon a
showing of need for the order.

(c)    The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to being
held in contempt of court.

715.010.  (a) A judgment for possession of real property may be
enforced by a writ of possession of real property issued pursuant
to Section 712.010.  The application for the writ shall provide a
place to indicate that the writ applies to all tenants,
subtenants, if any, name claimants, if any, and any other
occupants of the premises.

(b) In addition to the information required by Section 712.020,
the writ of possession of real property shall contain the
following:

(1)    A description of the real property, possession of which is
to be delivered to the judgment creditor in satisfaction of the
judgment.

(2)    A statement that if the real property is not vacated within
five days from the date of service of a copy of the writ on the
occupant or, if the copy of the writ is posted, within five days
from the date a copy of the writ is served on the judgment
debtor, the levying officer will remove the occupants from the
real property and place the judgment creditor in possession.

(3)    A statement that any personal property remaining on the real
property after the judgment creditor has been placed in
possession will be sold or otherwise disposed of in accordance
with Section 1174 of the Code of Civil Procedure unless the
judgment debtor or other owner pays the judgment creditor the
reasonable cost of storage and takes possession of the personal
property not later than 15 days after the time the judgment
creditor takes possession of the real property.

(4)    The date the complaint was filed in the action which
resulted in the judgment of possession.

(5)    The date or dates on which the court will hear objections to
enforcement of a judgment of possession that are filed pursuant
to Section 1174.3, unless a summons, complaint, and prejudgment
claim of right to possession were served upon the occupants in
accordance with Section 415.46.

(6)    The daily rental value of the property as of the date the
complaint for unlawful detainer was filed unless a summons,
complaint, and prejudgment claim of right of possession were
served upon the occupants in accordance with Section 415.46.

(7)    If a summons, complaint, and prejudgment claim of right to
possession were served upon the occupants in accordance with
Section 415.46, a statement that the writ applies to all tenants,
subtenants, if any, named claimants, if any, and any other
occupants of the premises.

(c)    At the time the writ of possession is served or posted,
the levying officer shall also serve or post a copy of the
form for a claim of right to possession, unless a summons,
complaint, and prejudgment claim of right to possession were
served upon the occupants in accordance with Section 415.46.

715.020.  To execute the writ of possession of real property:

(a)    The levying officer shall serve a copy of the writ of
possession on one occupant of the property.  Service on the
occupant shall be made by leaving the copy of the writ with the
occupant personally or, in the occupant's absence, with a person
of suitable age and discretion found upon the property when
service is attempted who is either an employee or agent of the
occupant or a member of the occupant's household.

(b)    If unable to serve an occupant described in subdivision (a) 
at the time service is attempted, the levying officer shall
execute the writ of possession by posting a copy of the writ in a
conspicuous place on the property and serving a copy of the writ of
possession on the judgment debtor.  Service shall be made
personally or by mail.  If the judgment debtor's address is not
known, the copy of the writ may be served by mailing it to the
address of the property.

(c)    If the judgment debtor, members of the judgment debtor's
household, and any other occupants holding under the judgment
debtor do not vacate the property within five days from the date
of service on an occupant pursuant to subdivision (a) or on the
judgment debtor pursuant to subdivision (b), the levying officer
shall remove the occupants from the property and place the
judgment creditor in possession.  The provisions of Section 684.120
extending time do not apply to the five-day period
specified in this subdivision.

(d)    Notwithstanding subdivision c, unless the person is named in
the writ, the levying officer may not remove any person from the
property who claims a right to possession of the property
accruing prior to the commencement of the unlawful detainer
action or who claims to have been in possession of the property
on the date of the filing of the unlawful detainer action.
However, if the summons, complaint, and prejudgment claim of
right to possession were served upon the occupants in accordance
with Section 415.46, no occupant of the premises, whether or not
the occupant is named in the judgment for possession, may object
to the enforcement of the judgment as prescribed in Section 1174.3.

715.030.  The disposition of personal property remaining on the real
property after the judgment creditor is placed in possession thereof
pursuant to the writ of possession is governed by subdivisions (e) to (m),
inclusive, of Section 1174.
 
For this purpose, references in Section 1174 and in provisions
incorporated by reference in Section 1174 to the "landlord" shall be
deemed to be references to the judgment creditor and references to the
"tenant" shall be deemed to be references to the judgment debtor or
other occupant.

715.040.  (a) A registered process server may execute the writ
of possession of real property as provided in subdivisions (a)
and (b) of Section 715.020 if a proper writ of possession is
delivered to the sheriff, marshal, or constable and that officer
does not execute the writ as provided in subdivisions (a) and (b)
of Section 715.020 within three days (Saturday, Sunday, and
legal holidays excluded) from the day the writ is delivered to that
officer.  If the writ is not executed within that time, the levying
officer shall upon request give the writ to  the judgment creditor
or to a registered process server designated by the judgment
creditor.

(b) Within five days after executing the writ under this section,
all of the following shall be filed with the levying officer:

(1)    The writ of possession of real property.

(2)    An affidavit of the registered process server stating the
manner in which  the writ was executed.

(3)    Proof of service of the writ.

(4)    Instructions in writing, as required by the provisions of
Section 687.010.

(c)    If the writ is executed by a registered process server, the
levying officer shall perform all other duties under the writ and
shall return the writ to the court.

(d)    The fee for services of a registered process server under
this section may, in the court's discretion, be allowed as a
recoverable cost upon a motion pursuant to Section 685.080.
If allowed, the amount of the fee to be allowed is governed by
Section 1033.5.

716.010.  (a) A judgment for sale of real or personal property may be
enforced by a writ of sale issued pursuant to Section 712.010.

(b)  In addition to the information required by Section 712.020,
the writ of sale shall contain a description of the property
to be sold in satisfaction of the judgment for sale.

(c)  The writ of sale delivered to the levying officer shall be
accompanied by a certified copy of the judgment for sale.

716.020. To execute the writ of sale, the levying officer shall:

(a)    Levy upon the property described in the writ of sale in the
manner prescribed by Article 4 (commencing with Section 700.010)
of Chapter 3 of Division 2 for levy under a writ of execution.

(b)    Except as otherwise ordered by the court, give notice of
sale and sell the property described in the writ of sale in the
manner prescribed by Article 6 (commencing with Section 701.510)
of Chapter 3 of Division 2 for giving notice and selling under a
writ of execution.

(c)    Apply the proceeds of the sale of the property in conformity
with the judgment for sale.

716.030.  (a) If a writ of sale is issued, the judgment creditor
may apply to the court ex parte, or on noticed motion if the
court so directs or a court rule so requires, for an order
directing the judgment debtor to transfer to the levying officer:

(1)    Possession of the property to be sold if the prescribed
method of levy is by taking the property into custody.

(2)    Possession of any documentary evidence of title to property
to be sold.  An order pursuant to this paragraph may be served
when the property is levied upon or thereafter.

(b) The court may issue an order pursuant to this section upon a
showing of need for the order.

(c)    The order shall be personally served on the judgment debtor
and shall contain a notice to the judgment debtor that failure to
comply with the order may subject the judgment debtor to being
held in contempt of court.

717.010.  A judgment not otherwise enforceable pursuant to this title
may be enforced by personally serving a certified copy of the judgment
on the person required to obey it and invoking the power of the court
to punish for contempt.

720.010.  Unless the provision or context otherwise requires, the
definitions in this chapter govern the construction of this division.

720.020.  "Creditor" means the judgment creditor or, in the case of a
levy under a writ of attachment or prejudgment writ of possession of
personal property, the plaintiff.

720.030.  "Debtor" means the judgment debtor or, in the case
of a levy under a writ of attachment or prejudgment writ of possession
of personal property, the defendant.

720.110.  A third person claiming ownership or the right to possession
of property may make a third-party claim under this chapter in any of
the following cases if the interest claimed is superior to the
creditor's lien on the property:

(a)    Where real property has been levied upon under a writ of
attachment or a writ of execution.

(b)    Where personal property has been levied upon under a writ of
attachment, a writ of execution, a prejudgment or postjudgment
writ of possession, or a writ of sale.

720.120.  A person making a third-party claim under this chapter
shall file the claim with the levying officer, together with two copies
of the claim, after levy on the property but before the levying officer
does any of the following:

(a)    Sells the property.

(b)    Delivers possession of the property to the creditor.

(c)    Pays proceeds of collection to the creditor.

720.130.    (a) The third-party claim shall be executed under oath
and shall contain all of the following:

(1)    The name of the third person and an address in this state
where service by mail may be made on the third person.

(2)    A description of the property in which an interest is
claimed.

(3)    A description of the interest claimed, including a statement
of the facts upon which the claim is based.

(4)    An estimate of the market value of the interest claimed.

(b) A copy of any writing upon which the claim is based shall be
attached to the third-party claim.  At a hearing on the third-party
claim, the court in its discretion may exclude from evidence any
writing a copy of which was not attached to the third-party claim.

720.140.  (a) Not later than five days after the third-party claim is
filed with the levying officer, the levying officer shall serve the
following personally or by mail on the creditor:

(1)    A copy of the third-party claim.

(2)    A statement whether the third person has filed an
undertaking to release the property pursuant to Chapter 6 (commencing
with Section 720.610).

(3)    If the third person has filed an undertaking to release the
property, a notice that the property will be released unless,
within the time allowed as specified in the notice, the creditor
objects to the undertaking.

(4)    If the third person has not filed an undertaking to release
the property,  a notice that the property will be released
unless, within the time allowed as specified in the notice, the
creditor files with the levying officer an undertaking that
satisfies the requirements of Section 720.160.

(b) The time allowed the creditor for objecting to the third person's
undertaking to release the property or for filing an undertaking is 10
days after service under subdivision (a).

(c)    Within the time allowed for service on the creditor under
subdivision (a), the levying officer shall serve a copy of the
papers specified in subdivision (a) on the debtor.  Service shall
be made personally or by mail.

(d)    The levying officer may serve the copy of the third-party
claim and the statement and notice pursuant to this section
notwithstanding any defect, informality, or insufficiency of the
claim.

720.150.  (a) Except as otherwise provided by statute, if a third-
party claim  is timely filed, the levying officer may not do any of
the following with respect to the property in which an interest is
claimed:

(1)    Sell the property.

(2)    Deliver possession of the property to the creditor.

(3)    Pay proceeds of collection to the creditor.

(b) The interest of the third person in the property levied upon is
not affected by the third person's failure to file a third-party claim
under this chapter.

720.160.  (a) If the creditor files with the levying officer an
undertaking that satisfies the requirements of this section within the
time allowed under subdivision (b) of Section 720.140:

(1)    The levying officer shall execute the writ in the manner
provided by law unless the third person files an undertaking to
release the property pursuant to  Chapter 6 (commencing with
Section 720.610).

(2)    After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims of the third person
for which the creditor has given the undertaking.

(b) Subject to Sections 720.770 and 996.010, unless the creditor
elects to file an undertaking in a larger amount, the amount of the
undertaking filed by the  creditor under this section shall be in the
amount of:

(1)    If the action is pending or the judgment was entered in the
superior court, seven thousand five hundred dollars ($7,500), or
twice the amount of the execution lien as of the date of levy or
other enforcement lien as of the date it was created, whichever
is the lesser amount.

(2)    If the action is pending or the judgment was entered in a
municipal or justice court, two thousand five hundred dollars

($2,500), or twice the amount of the execution lien as of the
date of levy or other enforcement lien as of the date it was
created, whichever is the lesser amount.

(c)    An undertaking given by the creditor under this chapter
shall:

(1)    Be made in favor of the third person.

(2)    Indemnify the third person against any loss, liability,
damages, costs, and attorney's fees, incurred by reason of
the enforcement proceedings.

(3)    Be conditioned on a final judgment that the third
person owns or has the right of possession of the property.

(d)    If the creditor is a public entity exempt from giving an
undertaking, the  public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating
that the public entity opposes the claim of the third person.
When so filed, the notice is deemed to satisfy the requirement
of this section that an undertaking be filed.

720.170.  (a) In a case where the third person has not filed with the
levying officer an undertaking to release the property pursuant to
Chapter 6 (commencing with Section 720.610), if the creditor does not
within the time allowed under subdivision (b) of Section 720.140 file
with the levying officer an undertaking (or file a notice if the
creditor is a public entity) that satisfies the requirements of
Section 720.160, the levying officer shall release the property unless
it is to be held under another lien or unless otherwise ordered by the
court.

(b)    Except as otherwise provided in this section, release is
governed by Section 699.060.

(c)    If personal property that has been taken into custody is to
be released to the debtor pursuant to Section 699.060 and the
debtor has not claimed the property within 10 days after notice
was served pursuant to Section 699.060, the levying officer shall
release the property to the third person making the claim.

(d)    A hearing may be had on the third-party claim pursuant to
Chapter 4 (commencing with Section 720.310) notwithstanding the
release of the property pursuant to this section.

720.210.  (a) Where personal property has been levied upon
under a writ of attachment, a writ of execution, a prejudgment
or postjudgment writ of possession,
or a writ of sale, a third person claiming a security interest in or
lien on the personal property may make a third-party claim under this
chapter if the security interest or lien claimed is superior to the
creditor's lien on the property.

(b) A secured party claiming a security interest in fixtures may make
a third-party claim pursuant to this chapter if the security interest
claimed is superior to the creditor's lien on the property.  For this
purpose, references in this division to "personal property" shall be
deemed references to fixtures.

720.220.  A person making a third-party claim under this chapter shall
file the claim with the levying officer, together with two copies of
the claim, after levy on the personal property but before the levying
officer does any of the following:

(a)    Sells the property.

(b)    Delivers possession of the property to the creditor.

(c)    Pays proceeds of collection to the creditor.

720.230.  (a) The third-party claim shall be executed under oath and
shall contain all of the following:

(1)    The name of the secured party or lienholder and an address
in this state where service by mail may be made on the secured
party or lienholder.

(2)    A description of the personal property in which a security
interest or lien is claimed.

(3)    A detailed description of the security interest or lien
claimed, including a statement of the facts upon which it is
based.

(4)    A statement of the total amount of sums due or to accrue
under the security interest or lien and the applicable rate of
interest on amounts due.

(b) In the case of a security interest, a copy of the security
agreement and any financing statement shall be attached to the third-
party claim.  In the case of a lien, a copy of any writing upon which
the claim is based shall be attached to the third-party claim.  At a
hearing on the third-party claim, the court in its discretion may
exclude from evidence any writing a copy of which was not attached to
the third-party claim.

720.240.  (a) Not later than five days after the third-party claim is
filed with the levying officer, the levying officer shall serve the
following personally or by mail on the creditor:

(1)    A copy of the third-party claim.

(2)    A statement whether the third person has filed an
undertaking to release the property pursuant to Chapter 6 (commencing
with Section 720.610).

(3)    If the third person has filed an undertaking to release the
property, a notice that the property will be released unless,
within the time allowed as specified in the notice, the creditor
objects to the undertaking.

(4)    If the third person has not filed an undertaking to release
the property, a notice that the property will be released unless,
within the time allowed as specified in the notice, the creditor
does one of the following:

(A)    Files with the levying officer an undertaking that
satisfies the requirements of Section 720.260 and a statement
under Section 720.280.

(B)    Deposits with the levying officer the amount claimed plus
interest at the applicable rate to the estimated date of
tender to the secured party or lienholder.

(b) The time allowed the creditor for objecting to the third
person's undertaking to release the property or for filing an
undertaking and statement or making a deposit pursuant to
subdivision (a) is 10 days after service under subdivision (a).

(c)    Within the time allowed for service on the creditor under
subdivision (a), the levying officer shall serve a copy of the
papers specified in subdivision (a) on the debtor.  Service shall
be made personally or by mail.

(d)    The levying officer may serve the copy of the third-party
claim and the statement and notice pursuant to this section
notwithstanding any defect, informality, or insufficiency of the
claim.

720.250.  (a) Except as otherwise provided by statute, if a third-
party claim is timely filed, the levying officer may not do any of the
following with respect to the personal property in which the security
interest or lien is claimed:

(1)    Sell the property.

(2)    Deliver possession of the property to the creditor.

(3)    Pay proceeds of collection to the creditor.

(b) The interest of a secured party or lienholder in the property
levied upon  is not affected by the failure of the secured party or
lienholder to file a third-party claim under this chapter.

720.260.  (a) If the creditor within the time allowed under
subdivision (b) of Section 720.240 either files with the levying
officer an undertaking that satisfies the requirements of this section
and a statement that satisfies the requirements of Section 720.280 or
makes a deposit with the levying officer of the amount claimed under
Section 720.230:

(1)    The levying officer shall execute the writ in the manner
provided by law unless, in a case where the creditor has filed an
undertaking, the secured party or lienholder files an undertaking
to release the property pursuant to Chapter 6 (commencing with
Section 720.610).

(2)    After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims or liens of the
secured party or lienholder for  which the creditor has given the
undertaking or made the deposit.

(b)    Subject to Sections 720.770 and 996.010, unless the
creditor elects to file an undertaking in a larger amount, the
amount of the undertaking filed by the creditor under this
section shall be in the amount of:

(1)    If the action is pending or the judgment was entered in
the superior court, seven thousand five hundred dollars ($7,500),
or twice the amount of the execution lien as of
the date of levy or other enforcement lien as of the date it
was created, whichever is the lesser amount.

(2)    If the action is pending or the judgment was entered in
a municipal or justice court, two thousand five hundred
dollars ($2,500), or twice the amount of the execution lien
as of the date of levy or other enforcement lien as of the
date it was created, whichever is the lesser amount.

(c)    An undertaking given by the creditor under this chapter
shall:

(1)    Be made in favor of the secured party or lienholder.

(2)    Indemnify the secured party or lienholder against any
loss, liability, damages, costs, and attorney's fees,
incurred by reason of the enforcement proceedings.

(3)    Be conditioned on a final judgment that the security
interest or lien of the third person is entitled to priority
over the creditor's lien.

(d)    If the creditor is a public entity exempt from giving an
undertaking, the public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating
that the public entity opposes the claim of the third person.
When so filed, the notice is deemed to satisfy the requirement
of this section that an undertaking be filed.

720.270.  (a) In a case where the third person has not filed
with the levying  officer an undertaking to release the property
pursuant to Chapter 6 (commencing with Section 720.610), if the
creditor does not within the time allowed under subdivision (b)
of Section 720.240 file with the levying officer an undertaking (or
file a notice if the creditor is a public entity) that satisfies
the requirements of Section 720.260 and a statement under Section 720.280,
or deposit with the levying officer the amount claimed under
Section 720.230, the levying officer shall release the personal
property unless it is to be held under another lien or unless
otherwise ordered by the court.

(b)    Except as otherwise provided in this section, release is
governed by Section 699.060.

(c)    If property that has been taken into custody is to be
released to the debtor pursuant to Section 699.060 and the debtor
has not claimed the property within 10 days after notice was
served pursuant to Section 699.060, the levying officer shall
release the property to the secured party or lienholder making
the claim.

(d)    A hearing may be had on the third-party claim pursuant to
Chapter 4 (commencing with Section 720.310) notwithstanding the
release of the property pursuant to this section.  720.280.  At the
time the creditor files an undertaking with the levying officer in
response to a third-party claim by a secured party, the creditor shall
do all of the following:

(a)    File with the levying officer a statement executed under
oath that the security interest is invalid, that the security
interest is not entitled to priority over the creditor's lien, or
that the amount demanded in the claim exceeds the amount to which
the secured party is entitled, for the reasons specified therein.

(b)    Serve a copy of the statement on the secured party.
Service shall be made personally or by mail.

(c)    Serve a copy of the statement on the debtor.  Service shall
be made personally or by mail.

720.290.  (a) If the levying officer receives a sufficient deposit
from the creditor, the levying officer shall promptly tender or pay
the deposit to the secured party or lienholder who made the third-
party claim except that, if the deposit is made by personal check, the
levying officer is allowed a reasonable time for the check to clear.

(b) If the tender is accepted, the interest of the secured party or
lienholder in the property for which deposit is made passes to the
creditor making the deposit and, on distribution of any proceeds under
Section 701.810, the creditor who makes the deposit shall be entitled
to the proceeds to the extent of the deposit in the priority of the
interest for which the deposit is made.

(c)    If the tender is refused, the amount of the deposit shall be
deposited with the county treasurer payable to the order of the
secured party or lienholder.

720.310.  (a) Not later than 15 days after the third-party claim
is filed with the levying officer pursuant to Section 720.120 or 720.220,
or 15 days after filing an undertaking pursuant to
Section 720.610, either the creditor or the third person may
petition the court for a hearing to determine the validity of the
third-party claim and the proper disposition of the property that
is the subject of the claim.

(b) The hearing may be held whether or not an undertaking has
been filed but not if a deposit has been made pursuant to
Section 720.260.

(c)    The hearing shall be held within 20 days after the filing of
the petition  unless continued by the court for good cause shown.

720.320.  (a)  At the time prescribed in subdivision (b) of
Section 1005, the petitioner shall do both of the following:

(1)    Serve notice of the time and place of the hearing on the
creditor or the third person (whichever person is not the
petitioner) and on the debtor.  Service shall be made personally
or by mail.

(2)    File a copy of the notice of hearing with the levying
officer.

(b) The notice of the hearing shall include a statement that the
purpose of the hearing is to determine the validity of the third-party
claim and the proper disposition of the property that is the subject
of the third-party claim.

720.330.  Promptly after receipt of the notice of the hearing on the
third-party claim, the levying officer shall file the following papers
with the court:

(a)    The third-party claim that was filed with the levying
officer pursuant to  Section 720.120 or 720.220.

(b)    Any statement filed by the creditor with the levying officer
pursuant to Section 720.280 in opposition to the third-party
claim of a secured party.

(c)    Any undertaking of the creditor filed with the levying
officer pursuant to Section 720.160 or Section 720.260.

(d)    Any undertaking to release filed by a third person pursuant
to Chapter 6 (commencing with section 720.610).

(e)    Any notice filed by a public entity pursuant to
Section 720.160 or 720.260.

720.340.  If the creditor has not filed a statement with the levying
officer pursuant to Section 720.280 in opposition to a third-party
claim by a secured party:

(a)    In a case where the creditor petitions for a hearing on the
third-party claim, the creditor shall file the statement with the
court at the time the petition is filed and shall serve a copy
thereof on the secured party with notice of the hearing served
pursuant to Section 720.320.

(b)    In a case where the secured party has petitioned for a
hearing on the third-party claim, the creditor shall file the
statement with the court and serve a copy of the statement on the
secured party not later than five days before the date set for
the hearing.  Service shall be made personally or by mail.

720.350.  (a) Subject to the power of the court to permit an
amendment in the interest of justice:

(1)    The third-party claim constitutes the pleading of the
third person.

(2)    In the case of a third-party claim by a secured party,
the creditor's statement constitutes the pleading of the
creditor.

(b)    A third-party claim of ownership, right to possession, or a
lien, shall be deemed controverted by the creditor.

720.360.  At a hearing on a third-party claim, the third person has the burden
of proof.

720.370.  If the petition for a hearing was made by the third person,
neither  the petition nor the proceedings pursuant thereto may be
dismissed without the consent of the creditor.  If the petition for a
hearing was made by the creditor, neither the petition nor the
proceedings pursuant thereto may be dismissed without the consent of
the third person.

720.380.  (a) Notwithstanding any other provision
of this title, the court may make an order staying the sale of the
property under a writ or enjoining any transfer or other disposition
of the property levied upon under a writ until proceedings for the
determination of the rights of a third person can be commenced and
prosecuted to termination and may require such undertaking as it
considers necessary as a condition for making the order.

(b)    After the filing of a third-party claim, notwithstanding
Sections 720.160 and 720.260, the creditor, the debtor, or the third
person may apply to the court for an order staying the sale of the
property under a writ or enjoining any transfer or other disposition
of the property until proceedings under this article can be commenced
and prosecuted to termination.  The application shall be made on
noticed motion if the court so directs or a court rule otherwise so
requires.  Otherwise, the application may be made ex parte.

(c)    An order made pursuant to this section may be modified or
vacated by the court at any time prior to the termination of the
proceedings upon such terms as are just.

720.390.  At the conclusion of the hearing, the court shall give
judgment determining the validity of the third-party claim and may
order the disposition of the property or its proceeds in accordance
with the respective interests of the parties.  Subject to Section 720.420,
the judgment is conclusive between the parties to the
proceeding.

720.400.  No findings are required in proceedings under this chapter.

720.410.  There is no right to a jury trial in a proceeding pursuant
to this chapter.

720.420.  An appeal may be taken from a judgment given pursuant to
Section 720.  390 in the manner provided for appeals from the court in
which the proceeding takes place.

720.430.  If property has been released pursuant to
Section 720.170, 720.270,  or 720.660, it may be
levied upon or otherwise sought to be applied to the satisfaction of
the judgment only if it is determined in the hearing on the third-
party claim that the debtor has an interest in the property that may
be levied upon or otherwise applied to the satisfaction of the
judgment.

720.510.  A creditor may make a demand as provided in this chapter
that a secured party or lienholder file a third-party claim to
personal property that has been levied upon under a writ of attachment
or a writ of execution.

720.520.  (a) The creditor's demand for a third-party claim by the
secured party or lienholder, together with a copy of the demand, shall
be filed with the levying officer after levy on the personal property
but before the levying officer sells the property or pays proceeds of
collection to the creditor.

(b) Promptly after the demand and a copy thereof are filed, the
levying officer shall personally serve the demand on the secured party
or lienholder. Service of the demand on the secured party or
lienholder shall be attested by the certificate of the levying officer
and the certificate shall be filed in the action promptly after
service.

(c)    The demand shall be served by the levying officer who levied
on the property or by any other levying officer whose office is
closer to the place of service.  If service is made by another
levying officer, such levying officer's costs shall be paid out
of the costs prepaid to the levying officer who levied on the
property.

720.530.  The demand for a third-party claim served on a secured party
or lienholder shall contain all of the following:

(a)    The name and address of the secured party or lienholder.

(b)    The name and address of the creditor.

(c)    A detailed description of the personal property levied upon
and the date of levy.

(d)    A statement that if the secured party or lienholder does not
file a third-party claim pursuant to Chapter 3 (commencing with
Section 720.210) within 30 days after service of the demand, the
secured party or lienholder shall be deemed  to have waived any
priority the security interest or lien may have over the
creditor's lien on the property levied upon unless the property
levied upon is released from the creditor's lien.

(e)    A statement that if any priority of the security interest or
lien is waived, the secured party or lienholder may have a right
to share in any excess proceeds of an execution sale of the
property as provided in Section 701.810.

720.540.  Except as otherwise provided by statute, the levying officer
may not release, sell, or otherwise dispose of the personal property
described in the demand before the expiration of 30 days after
service of the demand on the secured party or lienholder.

720.550.  (a) If the secured party or lienholder does not file a third-
party claim with the levying officer pursuant to Chapter 3 (commencing
with Section 720.  210) within 30 days after service of the demand,
the secured party or lienholder shall be deemed to have waived any
priority the security interest or lien may have over the creditor's
lien on the personal property levied upon and the property may be
applied toward the satisfaction of the judgment free of the security
interest or lien.

(b) If the secured party or lienholder is deemed to have waived any
priority over the creditor's lien pursuant to subdivision (a) and the
creditor's lien on the personal property is released, the security
interest or lien is restored to its former position of priority.

720.610.  A third person may give an undertaking to release property
pursuant to this chapter in the following cases:

(a)    Where the third person claims ownership or the right to
possession of real property that has been levied upon under a
writ of attachment or a writ of execution.

(b)    Where the third person claims ownership or the right to
possession of personal property that has been levied upon under a
writ of attachment, a writ of execution, or a writ of sale.

(c)    Where the third person claims a security interest in or a
lien on personal property that has been levied upon under a writ
of attachment, a writ of execution, or a writ of sale.

720.620. The third person shall file the undertaking to release property
with the levying officer, together with two copies of the
undertaking:

(a)    At the time the third person files a third-party claim
pursuant to Chapter 2 (commencing with Section 720.110) or
Chapter 3 (commencing with Section 720.210).

(b)    If the third person has previously filed a third-party
claim to the property, at any time before the levying officer
does any of the following:

(1)    Sells the property.

(2)    Delivers possession of the property to the creditor.

(3)    Pays proceeds of collection to the creditor.

720.630.  (a) The undertaking to release property shall contain a
description of the property to be released and shall describe the
interest of the third person.

(b)    The undertaking shall be made in favor of the creditor and
shall provide that, if the debtor is finally adjudged to have an
interest in the property levied upon, the third person shall pay
to the creditor the lesser of the following:

(1)    The amount required to satisfy the judgment against the
debtor of the creditor who had the lien on the property.

(2)    A sum equal to the market value of the debtor's interest
in the property levied upon.

(c)    Except as provided in subdivision (d) and unless the third
person elects to file an undertaking in a larger amount, the
amount of the undertaking shall be the lesser of the following
amounts:

(1)    Twice the market value of the property sought to be
released.

(2)    Twice the amount of the creditor's lien on the property
sought to be released.

(d)    If the creditor has given an undertaking in response to the
third person's claim regarding the property pursuant to Section 720.160
or 720.260, the third person's undertaking shall be in
the amount of the creditor's undertaking.

720.640.  (a) If the undertaking to release property is filed with the
levying officer at the time the third-party claim is filed, the
levying officer shall serve a copy of the undertaking on the creditor
and on the debtor with the notice of the filing of the third-party
claim served pursuant to Section 720.140 or 720.240.

(b) If the undertaking to release property is filed with the levying
officer after the third-party claim is filed, not later than five days
after the undertaking is filed, the levying officer shall serve a copy
of the undertaking on the creditor and on the debtor with a notice
that the property will be released unless, within the time allowed as
specified in the notice, the creditor objects to the undertaking.
Service shall be made personally or by mail.

720.650.  The third person's undertaking becomes effective when the
property described therein is released pursuant to this chapter.

720.660.  The levying officer shall release the property described in
the third person's undertaking in the manner provided by Section 720.170
promptly after  the expiration of the time allowed for
objecting to the undertaking, unless the creditor has objected to the
undertaking, and filed with the levying officer a copy of the notice
of motion as required by Section 720.760, prior to the expiration of
that time.  720.710.  The Bond and Undertaking 
Law (Chapter 2 (commencing with Section 995.  010) of Title 14) applies
to a bond given pursuant to this title, except to the extent this title
prescribes a different rule or is inconsistent.

720.760.  A copy of a notice of motion objecting to an undertaking
shall be filed with the levying officer.  720.770.  Unless the parties
otherwise agree, the hearing on an objection to an undertaking shall
be held not less than 10 nor more than 15 days after service of the
notice of motion.  The court may order the amount of the undertaking
decreased below the amount prescribed by Section 720.160 or 720.260 if
the court determines the amount prescribed exceeds the probable
recovery of the beneficiary if the beneficiary ultimately prevails in
proceedings to enforce the liability on the undertaking.

724.010. (a) A money judgment may be satisfied by payment of the full amount
required to satisfy the judgment or by acceptance by the judgment
creditor of a lesser sum in full satisfaction of the judgment.

(b)    Where a money judgment is satisfied by levy, the obligation
of the judgment creditor to give or file an acknowledgment of
satisfaction arises only when the judgment creditor has received
the full amount required to satisfy the judgment from the levying
officer.

(c)    Where a money judgment is satisfied by payment to the
judgment creditor by check or other form of noncash payment that
is to be honored upon presentation  by the judgment creditor for
payment, the obligation of the judgment creditor to give or file
an acknowledgment of satisfaction of judgment arises only when
the check or other form of noncash payment has actually been
honored upon presentation for payment.

724.020.  The court clerk shall enter satisfaction of a money judgment
in the register of actions when the following occur:

(a)    A writ is returned satisfied for the full amount of a lump-
sum judgment.

(b)    An acknowledgment of satisfaction of judgment is filed with
the court.

(c)    The court orders entry of satisfaction of judgment.

724.030.  When a money judgment is satisfied, the judgment creditor
immediately shall file with the court an acknowledgment of
satisfaction of judgment.  This section does not apply where the
judgment is satisfied in full pursuant to a writ.  724.040.  If an
abstract of a money judgment has been recorded with the recorder of
any county and the judgment is satisfied, the judgment creditor shall
immediately do both of the following:

(a)    File an acknowledgment of satisfaction of judgment with the
court.

(b)    Serve an acknowledgment of satisfaction of judgment on the
judgment debtor.  Service shall be made personally or by mail.

724.050.  (a) If a money judgment has been satisfied, the
judgment debtor, the owner of real or personal property subject
to a judgment lien created under the judgment, or a person having
a security interest in or a lien on personal property subject to
a judgment lien created under the judgment may serve personally
or by mail on the judgment creditor a demand in writing that the
judgment creditor do one or both of the following:

(1)    File an acknowledgment of satisfaction of judgment with the
court.

(2)    Execute, acknowledge, and deliver an acknowledgment of
satisfaction of judgment to the person who made the demand.

(b)    The demand shall include the following statement:
"Important warning.  If this judgment has been satisfied, the law
requires that you comply with this demand not later than 15 days after
you receive it.  If a court proceeding is necessary to compel you to
comply with this demand, you will be required to pay my reasonable
attorney's fees in the proceeding if the court determines that the
judgment has been satisfied and that you failed to comply with the
demand.  In addition, if the court determines that you failed without
just cause to comply with this demand within the 15 days allowed, you
will be liable for all damages I sustain by reason of such failure and
will also forfeit one hundred dollars to me."

(c)    If the judgment has been satisfied, the judgment creditor
shall comply with the demand not later than 15 days after actual
receipt of the demand.

(d)    If the judgment creditor does not comply with the demand
within the time allowed, the person making the demand may apply
to the court on noticed motion for an order requiring the
judgment creditor to comply with the demand. The notice of motion
shall be served on the judgment creditor.  Service shall be made
personally or by mail.  If the court determines that the judgment
has been satisfied and that the judgment creditor has not
complied with the demand, the court shall either (1) order the
judgment creditor to comply with the demand or (2) order the
court clerk to enter satisfaction of the judgment.

(e)    If the judgment has been satisfied and the judgment creditor
fails without just cause to comply with the demand within the
time allowed, the judgment creditor is liable to the person who
made the demand for all damages sustained by reason of such
failure and shall also forfeit one hundred dollars ($100) to such
person.  Liability under this subdivision may be determined in
the proceedings on the motion pursuant to subdivision (d) or in
an action.

724.060.  (a) An acknowledgment of satisfaction of judgment shall
contain the  following information:

(1)    The title of the court.

(2)    The cause and number of the action.

(3)    The names and addresses of the judgment creditor, the
judgment debtor, and the assignee of record if any.  If an
abstract of the judgment has been recorded in any county, the
judgment debtor's name shall appear on the acknowledgment of
satisfaction of judgment as it appears on the abstract of
judgment.

(4)    The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.

(5)    A statement either that the judgment is satisfied in full or
that the judgment creditor has accepted payment or performance
other than that specified in the judgment in full satisfaction of
the judgment.

(6)    A statement whether an abstract of the judgment has been
recorded in any county and, if so, a statement of each county
where the abstract has been recorded and the book and page of the
county records where the abstract has been recorded, and a notice
that the acknowledgment of satisfaction of judgment (or a court
clerk's certificate of satisfaction of judgment) will have to be
recorded with the county recorder of each county where the
abstract of judgment has been recorded in order to release the
judgment lien on real property in that county.

(7)    A statement whether a notice of judgment lien has been filed
in the office of the Secretary of State and, if such a notice has
been filed, a statement of the file number of such notice, and a
notice that the acknowledgment of satisfaction of judgment (or a
court clerk's certificate of satisfaction of judgment) will have
to be filed in that office in order to terminate the judgment
lien on personal property.

(b)    The acknowledgment of satisfaction of judgment shall be
made in the manner of an acknowledgment of a conveyance of
real property.

(c)    The acknowledgment of satisfaction of judgment shall be
executed and acknowledged by one of the following:

(1)    The judgment creditor.

(2)    The assignee of record.

(3)    The attorney for the judgment creditor or assignee of
record unless a revocation of the attorney's authority is
filed.

724.070.  (a) If a judgment creditor intentionally conditions delivery
of an acknowledgment of satisfaction of judgment upon the performance
of any act or the payment of an amount in excess of that to which the
judgment creditor is entitled under the judgment, the judgment
creditor is liable to the judgment debtor for all damages sustained by
reason of such action or two hundred fifty dollars ($250), whichever
is the greater amount.

(b) Subdivision (a) does not apply if the judgment creditor has agreed
to deliver an acknowledgment of satisfaction of judgment to the
judgment debtor prior to full satisfaction of the judgment in
consideration for the judgment debtor's agreement either to furnish
security or to execute a promissory note, or both, the principal
amount of which does not exceed the amount to which the judgment
creditor is entitled under the judgment.

724.080.  In an action or proceeding maintained pursuant to this
chapter, the court shall award reasonable attorney's fees to the
prevailing party.

724.090.  The damages recoverable pursuant to this chapter are not in
derogation of any other damages or penalties to which an aggrieved
person may be entitled by law.

724.100.  (a) If satisfaction of a judgment has been entered in the
register of actions, the court clerk shall issue a certificate of
satisfaction of judgment upon application therefor and payment of a
fee of three dollars ($3).

(b) The  certificate of satisfaction of judgment shall contain the
following information:

(1)    The title of the court.

(2)    The cause and number of the action.

(3)    The names of the judgment creditor and the judgment debtor.

(4)    The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.

(5)    The date of entry of satisfaction of judgment and where it
was entered in the register of actions.

724.110.  (a) The judgment debtor or the owner of real or personal
property subject to a judgment lien created under a money judgment may
serve on the judgment creditor a demand in writing that the judgment
creditor execute, acknowledge, and deliver an acknowledgment of
partial satisfaction of judgment to the person who made the demand.
Service shall be made personally or by mail.  If the judgment has been
partially satisfied, the judgment creditor shall comply with the
demand not later than 15 days after actual receipt of the demand.

(b) If the judgment creditor does not comply with the demand within
the time allowed, the judgment debtor or the owner of the real or
personal property subject to a judgment lien created under the
judgment may apply to the court on noticed motion for an order
requiring the judgment creditor to comply with the demand.  The notice
of motion shall be served on the judgment creditor.  Service shall be
made personally or by mail.  If the court determines that the judgment
has been partially satisfied and that the judgment creditor has not
complied with the demand, the court shall make an order determining
the amount of the partial satisfaction and may make an order requiring
the judgment creditor to comply with the demand.

724.120.  An acknowledgment of partial satisfaction of judgment shall be
made in the same manner and by the same person as an acknowledgment of
satisfaction of judgment and shall contain the following information:

(a)    The title of the court.

(b)    The cause and number of the action.

(c)    The names and addresses of the judgment creditor, the
judgment debtor, and the assignee of record if any.  If an
abstract of the judgment has been recorded in any county, the
judgment debtor's name shall appear on the acknowledgment of
partial satisfaction of judgment as it appears on the abstract of
judgment.

(d)    The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.

(e)    A statement of the amount received by the judgment creditor
in partial satisfaction of the judgment.

(f)    A statement whether an abstract of judgment has been
recorded in any county and, if so, a statement of each county
where the abstract has been recorded and the book and page of the
county records where the abstract has been recorded.

(g)    A statement whether a notice of judgment lien has been filed
in the office of the Secretary of State and, if so, the file
number of the notice.

724.210.  As used in this chapter:

(a)    "Installment judgment" means a money judgment under which a
lien may be  created on an interest in real property under
Section 697.320.

(b)    "Matured installments" means the sum of all of the
following:

(1)    All amounts and installments that have matured under an
installment judgment on or before the date specified in the
demand for an acknowledgment of satisfaction of matured
installments under an installment judgment.

(2)    The interest that has accrued on the installment judgment
on the date specified in the demand.

(3)    The costs that have been added to the installment
judgment on or before the date specified in the demand
pursuant to Chapter 5 (commencing with Section 685.010) of
Division 1.

724.220.  (a) If real property is subject to a judgment lien
created under an installment judgment, the
judgment debtor or the owner of real property subject to the
judgment lien may serve on the judgment creditor a demand in
writing that the judgment creditor execute, acknowledge, and
deliver to the person who made the demand an acknowledgment of
satisfaction of matured installments under an installment
judgment.  Service shall be made personally or by mail.

(b)    The demand shall include the following statement:
"Important warning.  If the matured installments on this judgment have
been satisfied as of date specified in this demand, the law requires
that you comply with this demand not later than 15 days after you
receive it.  (The "matured installments' are all amounts and
installments that are due and payable on or before the date specified
in this demand together with the accrued interest to that date and
costs added to the judgment on or before that date.)  If a court
proceeding is necessary to compel you to comply with this demand, you
will be required to pay my reasonable attorney's fees in the
proceeding if the court determines that the matured installments have
been satisfied and that you failed to comply with the demand.  In
addition, if the court determines that you failed without just cause
to comply with this demand within the 15 days allowed, you will be
liable for all damages I sustain by reason of such failure and will
also forfeit one hundred dollars to me."

(c)    If the matured installments have been satisfied as of the
date specified in the demand, the judgment creditor shall comply
with the demand not later than 15 days after actual receipt of
the demand.

724.230.  If the judgment creditor does not comply with the demand
within the time allowed, the judgment debtor or the owner of the real
property subject to a judgment lien created under the installment
judgment may apply to the court on noticed motion for an order
requiring the judgment creditor to comply with the demand.  The notice
of motion shall be served on the judgment creditor.  Service shall be
made personally or by mail.

If the court determines that the matured installments have been
satisfied as of the date specified in the demand and that the judgment
creditor has not complied with the demand, the court shall either (1)
order the judgment creditor to comply with the demand or (2) make an
order determining that the matured installments as of the date
specified in the demand have been satisfied.

724.240.  (a) If the matured installments under the installment
judgment have been satisfied as of the date specified in the demand
and the judgment creditor fails without just cause to comply with the
demand within the time allowed, the judgment creditor is liable to the
person who made the demand for all damages sustained by reason of such
failure and shall also forfeit one hundred dollars ($100) to such
person.  Liability under this subdivision may be determined in the
proceedings on a motion pursuant to Section 724.230 or in an action.

(b) The damages recoverable pursuant to subdivision (a) are not in
derogation of any other damages or penalties to which an aggrieved
person may be entitled by law.

724.250.  (a) An acknowledgment of satisfaction of matured
installments under an installment judgment shall be made in the same
manner and by the same person  as an acknowledgment of satisfaction of
judgment and shall contain the following information:

(1)    The title of the court.

(2)    The cause and number of the action.

(3)    The names and addresses of the judgment creditor, the
judgment debtor, and the assignee of record if any.  The judgment
debtor's name shall appear on the acknowledgment of satisfaction
of matured installments as it appears on the certified copy of
the judgment that was recorded to create the judgment lien.

(4)    The date of entry of the judgment and of any renewals of the
judgment and  where entered in the records of the court.

(5)    A statement that the matured installments under the
installment judgment had been satisfied as of a specified date.

(6)    A statement whether a certified copy or abstract of the
judgment has been recorded in any county and, if so, a statement
of each county where the certified or abstract copy has been
recorded and the book and page of the county records where the
certified copy or abstract of the judgment has been recorded.

(b) If any amount of child or spousal support provided in a support
order has been directed to be made to an officer designated by statute
or by the court pursuant to Article 4 (commencing with Section 4200)
of Chapter 2 of Part 2 of Division 9 of the Family Code or
Chapter 4 (commencing with Section 4350) of Part 3 of Division 9 of the
Family Code or any other provision of law and the directive is set forth in
the certified copy or abstract of the judgment that was recorded to
create the judgment lien on real property, or in a similarly recorded
certified copy or abstract of an amended or supplemental order, the
acknowledgment of satisfaction of matured installments under the
installment judgment is not effective and does not affect the judgment
lien unless the acknowledgment is executed by or approved in writing
by the designated officer.

724.260.  In an action or proceeding maintained pursuant to this
chapter, the court shall award reasonable attorney's fees to the
prevailing party.

725a.  The beneficiary or trustee named in a deed of trust or
mortgagee named in a mortgage with power of sale upon real property or
any interest therein to secure a debt or other obligation, or if there
be a successor or successors in interest of such beneficiary, trustee
or mortgagee, then such successor or successors in interest, shall
have the right to bring suit to foreclose the same in the manner and
subject to the provisions, rights and remedies relating to the
foreclosure of a mortgage upon such property.

726.   (a) There can be but one form of action for the recovery of
any debt or the enforcement of any right secured by mortgage upon
real property or an estate for years therein, which action shall be
in accordance with the provisions of this chapter.  In the action
the court may, by its judgment, direct the sale of the encumbered
real property or estate for years therein (or so much of the real
property or estate for years as may be necessary), and the
application of the proceeds of the sale to the payment of the costs
of court, the expenses of levy and sale, and the amount due
plaintiff, including, where the mortgage provides for the  payment
of attorney's fees, the sum for attorney's fees as the court shall
find reasonable, not exceeding the amount named in the mortgage.

(b) The decree for the foreclosure of a mortgage or deed of
trust secured by real property or estate for years therein shall
declare the amount of the indebtedness or right so secured and,
unless judgment for any deficiency there may be between the
sale price and the amount due with costs is waived by the
judgment creditor or a deficiency judgment is prohibited by
Section 580b, shall determine the personal liability of any
defendant for the payment of the debt secured by the mortgage or
deed of trust and shall name the defendants against whom a
deficiency judgment may be ordered following the proceedings
prescribed in this section.  In the event of waiver, or if the
prohibition of Section 580b is applicable, the decree shall so
declare and there shall be no judgment for a deficiency.  In the
event that a deficiency is not waived or prohibited and it is
decreed that any defendant is personally liable for the debt,
then upon application of the plaintiff filed at any time within
three months of the date of the foreclosure sale and after a
hearing thereon at which the court shall take evidence and at
which hearing either party may present evidence as to the fair
value of the real property or estate for years therein sold as
of the date of sale, the court shall render a money judgment
against the defendant or defendants for the amount by which the
amount of the indebtedness with interest and costs of levy and
sale and of action exceeds the fair value of the real property
or estate for years therein sold as of the date of sale.  In no
event shall the amount of the judgment, exclusive of interest
from the date of sale and of costs exceed the difference between
the amount for which the real property or estate for years
therein was sold and the entire amount of the indebtedness
secured by the mortgage or deed of trust.  Notice of the hearing
shall be served upon all defendants who have appeared in the
action and against whom a deficiency judgment is sought, or upon
their attorneys of record, at least 15 days before the date set
for the hearing.  Upon application of any party made at least 10
days before the date set for the hearing the court shall, and upon
its own motion the court at any time may, appoint one of the probate
referees provided for by law to appraise the real property or estate
for years therein sold as of the time of sale.  The probate referee
shall file the appraisal with the clerk and the appraisal is
admissible in evidence.  The probate referee shall take and subscribe
an oath to be attached to the appraisal that the referee has truly,
honestly and impartially appraised the real property or estate for
years therein to the best of the  referee's knowledge and ability.

Any probate referee so appointed may be called and examined as a
witness by any party or by the court itself.  The court shall fix the
compensation, in an amount as determined by the court to be
reasonable, but the fees shall not exceed similar fees for similar
services in the community where the services are rendered, which may
be taxed and allowed in like manner as other costs.

(c)    No person holding a conveyance from or under the mortgagor
of real property or estate for years therein, or having a lien
thereon, which conveyance or lien does not appear of record in
the proper office at the time of the commencement of the action
need be made a party to the action, and the judgment therein
rendered, and the proceedings therein had, are as conclusive
against the person holding the unrecorded conveyance or lien as
if the person had been a party to the action.  Notwithstanding
Section 701.630, the sale of the encumbered real property or
estate for years therein does not affect the interest of a person
who holds a conveyance from or under the mortgagor of the real
property or estate for years therein mortgaged, or has a lien
thereon, if the conveyance or lien appears of record in the
proper office at the time of the commencement of the action and
the person holding the recorded conveyance or lien is not made a
party to the action.

(d)    If the real property or estate for years therein mortgaged
consists of a single parcel, or two or more parcels, situated in
two or more counties, the court may, in its judgment, direct the
whole thereof to be sold in one of the counties, and upon these
proceedings, and with like effect, as if the whole of the
property were situated in that county.

(e)    If a deficiency judgment is waived or prohibited, the real
property or estate for years therein shall be sold as provided in
Section 716.020.  If a deficiency judgment is not waived or
prohibited, the real property or estate for years therein shall
be sold subject to the right of redemption as provided in
Sections 729.010 to 729.090, inclusive.

(f)    Notwithstanding this section or any other provision of law
to the contrary, any person authorized by this state to make or
arrange loans secured by real property or any successor in
interest thereto, that originates, acquires, or purchases, in
whole or in part, any loan secured directly or collaterally, in
whole  or in part, by a mortgage or deed of trust on real
property or an estate for years therein, may bring an action for
recovery of damages, including exemplary damages not to exceed 50
percent of the actual damages, against a borrower where the action
is based on fraud under Section 1572 of the Civil Code and the
fraudulent conduct by the borrower induced the original lender to make
that loan.

(g)    Subdivision (f) does not apply to loans secured by single-
family, owner-occupied residential real property, when the
property is actually occupied by the borrower as represented to
the lender in order to obtain the loan and the loan is for an
amount of one hundred fifty thousand dollars ($150,000) or less,
as adjusted annually, commencing on January 1, 1987, to the
Consumer Price Index as published by the United States Department
of Labor.

(h)    Any action maintained pursuant to subdivision (f) for
damages shall not constitute a money judgment for deficiency, or
a deficiency judgment within the meaning of Section 580a, 580b,
or 580d of the Code of Civil Procedure.

726.5.  (a) Notwithstanding subdivision (a) of Section 726 or any
other provision of law except subdivision (d) of this section, a
secured lender may elect between the following where the real property
security is environmentally impaired and the borrower's obligations to
the secured lender are in default:

(1)    (A) Waiver of its lien against (i) any parcel of real
property security that is environmentally impaired or is an
affected parcel, and (ii) all or any portion of the fixtures and
personal property attached to the parcels; and (B) Exercise
of (i) the rights and remedies of an unsecured
creditor, including reduction of its claim against the
borrower to judgment, and (ii) any other rights and remedies
permitted by law.

(2)    Exercise of (i) the rights and remedies of a creditor
secured by a deed of trust or mortgage and, if applicable, a lien
against fixtures or personal property attached to the real
property security, and (ii) any other rights and remedies
permitted by law.

(b)    Before the secured lender may waive its lien against any
parcel of real property security pursuant to paragraph (1) of
subdivision (a) on the basis of the environmental impairment
contemplated by paragraph (3) of subdivision (e), (i) the
secured lender shall provide written notice of the default to
the borrower, and (ii) the value of the subject real property
security shall be established and its environmentally impaired
status shall be confirmed by an order of a court of competent
jurisdiction in an action brought by the secured lender
against the borrower.  The complaint for a valuation and
confirmation action may include causes of action for a money
judgment for all or part of the secured obligation in which
case the waiver of the secured lender's liens under paragraph (1)
of subdivision (a) shall result only if and when a final money
judgment is obtained against the borrower.

(c)    If a secured lender elects the rights and remedies permitted
by paragraph (1) of subdivision (a) and the borrower's
obligations are also secured by other real property security,
fixtures, or personal property, the secured lender shall first
foreclose against the additional collateral to the extent
required by applicable law in which case the amount of the
judgment of the secured lender pursuant to paragraph (1) of
subdivision (a) shall be limited to the extent Section 580a or 580d,
or subdivision (b) of Section 726 apply to the foreclosures of
additional real property security.  The borrower may waive or modify
the foreclosure requirements of this subdivision provided that the
waiver or modification is in writing and signed by the borrower after
default.

(d)    Subdivision (a) shall be inapplicable if all of the
following are true:

(1)    The release or threatened release was not knowingly or
negligently caused or contributed to, or knowingly or
willfully permitted or acquiesced to, by any of the following:

(A)    The borrower or any related party.

(B)    Any affiliate or agent of the borrower or any related
party.

(2)    In conjunction with the making, renewal, or modification
of the loan, extension of credit, guaranty, or other
obligation secured by the real property security, neither the
borrower, any related party, nor any affiliate or agent of
either the borrower or any related party had actual knowledge
or notice of the release or threatened release, or if such a
person had knowledge or notice of the release or threatened
release, the borrower made written disclosure thereof to the
secured lender after the secured lender's written request for
information concerning the environmental condition of the real
property security, or the secured lender otherwise obtained
actual knowledge thereof, prior to the making, renewal, or
modification of the obligation.

(e)    For purposes of this section:

(1)    "Affected parcel" means any portion of a parcel of real
property security that is (A) contiguous to the
environmentally impaired parcel, even if separated by roads,
streets, utility easements, or railroad rights-of-way, (B)
part of an approved or proposed subdivision within the meaning
of Section 66424 of the Government Code, of which the
environmentally impaired parcel is also a part, or c within 2,000
feet of the environmentally impaired parcel.

(2)    "Borrower" means the trustor under a deed of trust, or a
mortgagor under a mortgage, where the deed of trust or
mortgage encumbers real property security and secures the
performance of the trustor or mortgagor under a loan,
extension of credit, guaranty, or other obligation.  The term
includes any successor-in-interest of the trustor or mortgagor
to the real property security before the deed of trust or
mortgage has been discharged, reconveyed, or foreclosed upon.

(3)    "Environmentally impaired" means that the estimated costs
to clean up and remediate a past or present release or
threatened release of any hazardous substance into, onto,
beneath, or from the real property security, not disclosed in
writing to, or otherwise actually known by, the secured lender
prior to the making of the loan or extension of credit secured
by the real property security, exceeds 25 percent of the
higher of the aggregate fair market value of all security for
the loan or extension of credit (A) at the time of the making
of the loan or extension of credit, or (B) at the time of the
discovery of the release or threatened release by the secured
lender.  For the purposes of this definition, the estimated
cost to clean up and remediate the contamination caused by the
release or threatened release shall include only those costs
that would be incurred reasonably and in good faith, and fair
market value shall be determined without giving consideration
to the release or threatened release, and shall be exclusive
of the amount of all liens and encumbrances against the
security that are senior in priority to the lien of the
secured lender.  Notwithstanding the foregoing, the real
property security for any loan or extension of credit secured
by a single parcel of real property which is included in the
National Priorities List pursuant to Section 9605 of Title 42
of the United States Code, or in any list published by the
State Department of Health Services pursuant to subdivision (b)
of Section 25356 of the Health and Safety Code, shall be
deemed to be environmentally impaired.

(4)    "Hazardous substance" means (A) any "hazardous substance"
as defined in subdivision (f) of Section 25281 of the Health
and Safety Code as effective on January 1, 1991, or as
subsequently amended, (B) any "waste" as defined in
subdivision (d) of Section 13050 of the Water Code as effective on
January 1, 1991, or as subsequently amended, or c petroleum, including
crude oil or any fraction thereof, natural gas, natural gas liquids,
liquefied natural gas, or synthetic gas usable for fuel, or any
mixture thereof.

(5)    "Real property security" means any real property and
improvements, other than a separate interest and any related
interest in the common area of a residential common interest
development, as the terms "separate interest," "common area," and
"common interest development" are defined in Section 1351 of the
Civil Code, or real property which contains only 1 to 15 dwelling
units, which in either case (A) is solely used (i) for
residential purposes, or (ii) if reasonably contemplated by the
parties to the deed of trust or mortgage, for residential
purposes as well as limited agricultural or commercial purposes
incidental thereto, and (B) is the subject of an issued
certificate of occupancy unless the dwelling is to be owned and
occupied by the borrower.

(6)    "Related party" means any person who shares an ownership
interest with the borrower in the real property security, or is a
partner or joint venturer with the borrower in a partnership or
joint venture, the business of which includes the acquisition,
development, use, lease, or sale of the real property security.

(7)    "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, including continuing
migration, of hazardous substances into, onto, or through soil,
surface water, or groundwater.  The term does not include actions
directly relating to the incorporation in a lawful manner of
building materials into a permanent improvement to the real
property security.

(8)    "Secured lender" means the beneficiary under a deed of trust
against the real property security, or the mortgagee under a
mortgage against the real property security, and any successor-in-
interest of the beneficiary or mortgagee to the deed of trust or
mortgage.

(f)    This section shall not be construed to invalidate or
otherwise affect in any manner any rights or obligations
arising under contract in connection with a loan or extension
of credit, including, without limitation, provisions limiting
recourse.

(g)    This section shall only apply to loans, extensions of
credit, guaranties, or other obligations secured by real
property security made, renewed, or modified on or after
January 1, 1992, and before January 1, 2000.

727.   If there be surplus money remaining, after payment of the
amount due on the mortgage, lien, or incumbrance, with costs, the
Court may cause the same to be paid to the person entitled to it,
and in the meantime may direct it to be deposited in Court.

728.   If the debt for which the mortgage, lien, or incumbrance is
held is not all due, so soon as sufficient of the property has been
sold to pay the amount due, with costs, the sale must cease; and
afterwards, as often as more becomes due, for principal or
interest, the Court may, on motion, order more to be sold.  But if
the property cannot be sold in portions, without injury to the
parties, the whole may be ordered to be sold in the first instance,
and the entire debt and costs paid, there being a rebate of
interest where such rebate is proper.

729.010.  (a) If the decree of foreclosure of a mortgage or deed of trust
on real property pursuant to Section 726 determines that a deficiency judgment
may be ordered against the defendant, the real property (other than a
leasehold estate with an unexpired term of less than two years at
the time of levy) shall be sold subject to the right of redemption.

(b)    If the property is to be sold subject to the right of
redemption, the sale is governed by Section 716.020, except that:

(1)    The notice of sale of the property shall state that the
property will be sold subject to the right of redemption and
shall state the amount of the secured indebtedness with
interest and costs.

(2)    Notice of sale may be given upon entry of the judgment
for sale of the property and the provision of Section 701.545
delaying notice of sale does not apply.

(3)    Notice of sale may be given to persons having liens on
the property upon entry of the judgment for sale of the
property and the provision of subdivision (h) of Section 701.540
delaying such notice does not apply.

729.020.  Property sold subject to the right of redemption may be
redeemed only by the judgment debtor or the judgment debtor's
successor in interest.  For the purpose of this article, the purchaser
of the property at the foreclosure sale is not a successor in
interest.

729.030.  The redemption period during which property may be redeemed
from a foreclosure sale under this chapter ends:

(a)    Three months after the date of sale if the proceeds of the
sale are sufficient to satisfy the secured indebtedness with
interest and costs of action and of sale.

(b)    One year after the date of sale if the proceeds of the sale
are not sufficient to satisfy the secured indebtedness with
interest and costs of action and of sale.

729.040.  (a) Notwithstanding Section 701.660, when the purchaser
of an interest in real property sold subject to the right of
redemption pays the amount due, the levying officer conducting
the sale shall execute and deliver a certificate of sale to the
purchaser and record a duplicate of the certificate of sale in
the office of the county recorder.

(b)    The certificate of sale shall contain the information
required by Section 701.670 and shall also contain the following:

(1)    The price paid for each distinct lot or parcel of real
property sold subject to the right of redemption.

(2)    The total price paid.

(3)    A statement that the property is subject to the right of
redemption, indicating the applicable redemption period.

729.050.  If property is sold subject to the right of redemption,
promptly after the sale the levying officer who conducted the sale
shall serve notice of the right of redemption on the judgment debtor.
Service shall be made personally or by mail.  The notice of the right
of redemption shall indicate the applicable redemption period.

729.060.  (a) A person who seeks to redeem the property shall
deposit the redemption price with the levying officer who
conducted the sale before the expiration of the redemption
period.  If a successor in interest to the judgment debtor seeks
to redeem the property, the successor in interest shall, at the
time the redemption price is deposited, file with the levying
officer either (1) a certified copy of a recorded conveyance or (2)
a copy of an assignment or any other evidence of the interest
verified by an affidavit of the successor in interest or of a
subscribing witness thereto.

(b)    The redemption price is the total of the following amounts,
less any offset allowed under subdivision c.

(1)    The purchase price at the sale.

(2)    The amount of any assessments or taxes and reasonable
amounts for fire insurance, maintenance, upkeep, and repair of
improvements on the property.

(3)    Any amount paid by the purchaser on a prior obligation
secured by the property to the extent that the payment was
necessary for the protection of the purchaser's interest.

(4)    Interest on the amounts described in paragraphs (1), (2),
and (3) at the rate of interest on money judgments from the
time such amount was paid until the date the deposit is made.

(5)    If the purchaser at the sale has any liens subordinate to
the lien under which the property was sold, the amount of the
purchaser's lien, plus interest at the rate of interest on
money judgments from the date of the sale until the date the
deposit is made.

(c)    Rents and profits from the property paid to the purchaser or
the value of the use and occupation of the property to the
purchaser may be offset against the amounts described in
subdivision (b).

729.070.  (a) If the purchaser and the person seeking to redeem the
property disagree on the redemption price or as to whether the person
is entitled to redeem the property, or if the purchaser refuses the
tender of the redemption price pursuant to Section 729.080, the person
seeking to redeem may file a petition with the court for an order
determining the redemption price or whether the person is entitled to
redeem the property.  The petition shall be filed before the
expiration of the redemption period.  At the time the petition is
filed, the petitioner shall deposit the undisputed amount of the
redemption price with the levying officer, if deposit has not
previously been made, and give written notice to the levying officer
of the filing of the petition.

(b) The petition shall be in writing and shall include the following
statements:

(1)    The amounts demanded to which the person seeking to redeem
objects and the reasons for the objection.

(2)    Any amounts offset to which the purchaser objects and the
justification for such offset.

(3)    The status of the petitioner that qualifies the petitioner
to redeem the property.  A copy of the papers required by
subdivision (a) of Section 729.060 shall be filed with the
petition.

(c)    The hearing on the petition shall be held not later than 20
days after the date the petition was filed unless continued by the
court for good cause.

(d)    Not less than 10 days before the hearing, the person seeking
to redeem the property shall personally serve on the purchaser a
copy of the petition together with a notice of the time and place
of the hearing.

(e)    At the hearing on the petition, the person seeking to redeem
the property has the burden of proof.

(f)    At the conclusion of the hearing, the court shall determine
by order the amount required to redeem the property.  The
determination shall be made upon affidavit or evidence
satisfactory to the court.

(g)    If an amount in addition to that deposited with the levying
officer is required to redeem the property, the person seeking to
redeem shall, within 10 days after the issuance of the order, pay
such additional amount to the levying officer.

729.080.  (a) If the redemption price is not deposited pursuant to
Section 729.060 before the expiration of the redemption period, or
if no additional deposit is made pursuant to subdivision (g) of
Section 729.070 before the expiration of the time therein provided,
the levying officer who conducted the sale shall promptly execute and
deliver to the purchaser a deed of sale that complies with the
requirements of Section 701.670.

(b) If the person seeking to redeem the property deposits the
redemption price pursuant to Section 729.060 or 729.070 during the
redemption period, the levying officer shall tender the deposit to the
purchaser.  If the purchaser accepts the tender or if the redemption
price determined by court order is tendered, the levying officer shall
promptly execute and deliver a certificate of redemption to the person
seeking to redeem and shall immediately thereafter record a duplicate
of the certificate in the office of the recorder of the county where
the property is located.

(c)    Tender of the redemption price determined by court order or
agreed upon by the purchaser and the person seeking to redeem the
property is equivalent to payment.  If the tender is refused, the
levying officer shall deposit the amount tendered with the county
treasurer of the county where the property is located, payable to
the order of the purchaser.  If the amount deposited is not
claimed by the purchaser, or the legal representative of the
purchaser, within five years after the deposit is made, by making
application to the treasurer or other official designated by the
county, it shall be paid into the general fund of the county.

(d)    Except as provided in subdivision (e), upon redemption
the effect of the sale is terminated and the person who
redeemed the property is restored to the estate therein sold
at the sale.

(e)    Liens extinguished by the sale as provided in Section 701.630
do not reattach to the property after redemption and the
property that was subject to the extinguished lien may not be applied
to the satisfaction of the claim or judgment  under which the lien was
created.

729.090.  (a) From the time of the sale until a redemption, the
purchaser is entitled to receive from the person in possession the
rents and profits from the  property or the value of the use and
occupation of the property.

(b)    Notwithstanding subdivision (a), the purchaser is liable to
the person who redeems for any rents or profits that have been
received by the purchaser pursuant to subdivision (a).

(c)    The purchaser, from the time of sale until redemption, is
entitled to enter the property during reasonable hours to repair
and maintain the premises and is entitled to an order restraining
waste on the property from the court. Such order may be granted
with or without notice in the discretion of the court.

730.   In all cases of foreclosure of mortgage the attorney's fee
shall be fixed by the court in which the proceedings are had, any
stipulation in the mortgage to the contrary notwithstanding.

730.5.  Except as otherwise provided by subdivision (4) of Section 9501
of the Commercial Code, none of the provisions of this chapter
or of Section 580a, 580b, 580c, or 580d applies to any security
interest in personal property or fixtures governed by the
Commercial Code.

731.   An action may be brought by any person whose property is
injuriously affected, or whose personal enjoyment is lessened by a
nuisance, as the same is defined in section thirty-four hundred and
seventy-nine of the Civil Code, and by the judgment in such action
the nuisance may be enjoined or abated as well as damages recovered
therefor.  A civil action may be brought in the name of the people
of the State of California to abate a public nuisance, as the same
is defined in section thirty-four hundred and eighty of the Civil
Code, by the district attorney of any county in which such nuisance
exists, or by the city attorney of any town or city in which such
nuisance exists, and each of said officers shall have concurrent
right to bring such action for a public nuisance existing within a
town or city, and such district attorney, or city attorney, of any
county or city in which such nuisance exists must bring such action
whenever directed by the board of supervisors of such county or
whenever directed by the legislative authority of such town or
city.

731a.  Whenever any city, city and county, or county shall
have established zones or districts under authority of law wherein
certain manufacturing or commercial or airport uses are expressly
permitted, except in an action to abate a public nuisance brought
in the name of the people of the State of California, no person or
persons, firm or corporation shall be enjoined or restrained by the
injunctive process from the reasonable and necessary operation in
any such industrial or commercial zone or airport of any use
expressly permitted therein, nor shall such use be deemed a
nuisance without evidence of the employment of unnecessary and
injurious methods of operation.  Nothing in this act shall be
deemed to apply to the regulation and working hours of canneries,
fertilizing plants, refineries and other similar establishments
whose operation produce offensive odors.

731b.  In any action or proceeding to abate the use of an airport or
an airpark, proof that the airport or airpark has been in existence
for three years constitutes a rebuttable presumption which shall be
prima facie evidence that the operation of the airport or airpark does
not constitute a nuisance.

731c.  Injury to formations bearing oil or gas or to oil or gas wells
caused by the subsurface migration of any substance as a result of
secondary recovery operations for oil or gas conducted in accordance
with good oilfield practices shall not be grounds for enjoining the
secondary recovery operations if an undertaking is given for the
payment of any compensable damages to which the owners of interests in
the formations or wells may be entitled resulting from the injury.
Any benefit to the injured property from the secondary recovery
operation shall be considered in mitigation of damages for the injury.

731.5.  Whenever any person unlawfully closes any public trail, any
person who uses such trail or would use such trail, and any
association, corporation or other entity whose membership as a whole
is adversely affected by such closure may bring an action to enjoin
such closure.

The prevailing party in such action shall be entitled to recover
reasonable attorney's fees, in addition to court costs.
As used in this section, a public trail is any trail to which the
public in general has a right of access,  which right is established
pursuant to a recorded document conveying to a political corporation
or governmental agency, specifying the nature of such public trail,
specifically describing the location thereof, and naming the record
owners of the real property over which such trail exists if created by
a license, permit or easement.  It includes, but is not limited to,
pedestrian, equestrian, and boating trails, but does not include any
public street, road, or highway.

732.   If a guardian, conservator, tenant for life or years, joint
tenant, or tenant in common of real property, commit waste thereon,
any person aggrieved by the waste may bring an action against him
therefor, in which action there may be judgment for treble damages.

733.   Any person who cuts down or carries off any wood or underwood,
tree, or timber, or girdles or otherwise injures any tree or timber
on the land of another person, or on the street or highway in front
of any person's house, village, or city lot, or cultivated grounds;
or on the commons or public grounds of any city or town, or on the
street or highway in front thereof, without lawful authority, is
liable to the owner of such land, or to such city or town, for
treble the amount of damages which may be assessed therefor, in a
civil action, in any Court having jurisdiction.

734.   Nothing in the last section authorizes the recovery of more
than the just value of the timber taken from uncultivated woodland
for the repair of a public highway or bridge upon the land, or
adjoining it.

735.   If a person recover damages for a forcible or unlawlful entry
in or upon, or detention of any building or any cultivated real
property, judgment may be entered for three times the amount at
which the actual damages are assessed.

736.   (a) Notwithstanding any other provision of law, a secured
lender may bring an action for breach of contract against a
borrower for breach of any environmental provision made by the
borrower relating to the real property security, for the recovery
of damages, and for the enforcement of the environmental provision,
and that action or failure to foreclose first against collateral
shall not constitute an action within the meaning of subdivision (a)
of Section 726, or constitute a money judgment for a deficiency
or a deficiency judgment within the meaning of Section 580a, 580b,
or 580d, or subdivision (b) of Section 726.  No injunction for the
enforcement of an environmental provision may be issued after (1)
the obligation secured by the real property security has been fully
satisfied, or (2) all of the borrower's rights, title, and interest
in and to the real property security has been transferred in a bona
fide transaction to an unaffiliated third party for fair value.

(b) The damages a secured lender may recover pursuant to subdivision

(a) shall be limited to reimbursement or indemnification of the
following:

(1)    If not pursuant to an order of any federal, state, or local
governmental agency relating to the cleanup, remediation, or
other response action required by applicable law, those costs
relating to a reasonable and good faith cleanup, remediation, or
other response action concerning a release or threatened release
of hazardous substances which is anticipated by the environmental
provision.

(2)    If pursuant to an order of any federal, state, or local
governmental agency relating to the cleanup, remediation, or
other response action required by applicable law which is
anticipated by the environmental provision, all amounts
reasonably advanced in good faith by the secured lender in
connection therewith, provided that the secured lender
negotiated, or attempted to negotiate, in good faith to minimize
the amounts it was required to advance under the order.

(3)    Indemnification against all liabilities of the secured
lender to any third party relating to the breach and not arising
from acts, omissions, or other conduct which occur after the
borrower is no longer an owner or operator of the real property
security, and provided the secured lender is not responsible for
the environmentally impaired condition of the real property
security in accordance with the standards set forth in
subdivision (d) of Section 726.5.  For purposes of this
paragraph, the term "owner or operator" means those persons
described in Section 101(20)(A) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980,
as amended (42 U.S.C. Sec. 9601, et seq.).

(4)    Attorneys' fees and costs incurred by the secured lender
relating to the breach.

The damages a secured lender may recover pursuant to subdivision (a)
shall not include (i) any part of the principal amount or accrued
interest of the secured obligation, except for any amounts advanced by
the secured lender to cure or mitigate the breach of the environmental
provision that are added to the principal amount, and contractual
interest thereon, or (ii) amounts which relate to a release which was
knowingly permitted, caused, or contributed to by the secured lender
or any affiliate or agent of the secured lender.

(c)    A secured lender may not recover damages against a borrower
pursuant to subdivision (a) for amounts advanced or obligations
incurred for the cleanup or other remediation of real property
security, and related attorneys' fees and costs, if all of the
following are true:

(1)    The original principal amount of, or commitment for, the
loan or other obligation secured by the real property security
did not exceed two hundred thousand dollars ($200,000).

(2)    In conjunction with the secured lender's acceptance of
the environmental provision, the secured lender agreed in
writing to accept the real property security on the basis of a
completed environmental site assessment and other relevant
information from the borrower.

(3)    The borrower did not permit, cause, or contribute to the
release or threatened release.

(4)    The deed of trust or mortgage covering the real property
security has not been discharged, reconveyed, or foreclosed
upon.

(d)    This section is not intended to establish, abrogate, modify,
limit, or otherwise affect any cause of action other than that
provided by subdivision (a) that a secured lender may have
against a borrower under an environmental provision.

(e)    This section shall apply only to environmental provisions
contracted in conjunction with loans, extensions of credit,
guaranties, or other obligations made, renewed, or modified on or
after January 1, 1992, and before January 1, 2000.

Notwithstanding the foregoing, this section shall not be
construed to validate, invalidate, or otherwise affect in any
manner the rights and obligations of the parties to, or the
enforcement of, environmental provisions contracted before
January 1, 1992.

(f)    For purposes of this section:

(1)    "Borrower" means the trustor under a deed of trust, or a
mortgagor under a mortgage, where the deed of trust or
mortgage encumbers real property security and secures the
performance of the trustor or mortgagor under a loan,
extension of credit, guaranty, or other obligation.  The term
includes any successor-in-interest of the trustor or mortgagor
to the real property security before the deed of trust or
mortgage has been discharged, reconveyed, or foreclosed upon.

(2)    "Environmental provision" means any written
representation, warranty, indemnity, promise, or covenant
relating to the existence, location, nature, use, generation,
manufacture, storage, disposal, handling, or past, present, or
future release or threatened release, of any hazardous
substance into, onto, beneath, or from the real property
security, or to past, present, or future compliance with any
law relating thereto, made by a borrower in conjunction with
the making, renewal, or modification of a loan, extension of
credit, guaranty, or other obligation involving the borrower,
whether or not the representation, warranty, indemnity,
promise, or covenant is or was contained in or secured by the
deed of trust or mortgage, and whether or not the deed of
trust or mortgage has been discharged, reconveyed, or
foreclosed upon.

(3)    "Hazardous substance" means (A) any "hazardous substance"
as defined in subdivision (f) of Section 25281 of the Health
and Safety Code as effective on January 1, 1991, or as
subsequently amended, (B) any "waste" as defined in
subdivision (d) of Section 13050 of the Water Code as effective on
January 1, 1991, or as subsequently amended, or c petroleum, including
crude oil or any fraction thereof, natural gas, natural gas liquids,
liquefied natural gas, or synthetic gas usable for fuel, or any
mixture thereof.

(4)    "Real property security" means any real property and
improvements, other than a separate interest and any related
interest in the common area of a residential common interest
development, as the terms "separate interest," "common area," and
"common interest development" are defined in Section 1351 of the
Civil Code, or real property which contains only 1 to 15 dwelling
units, which in either case (A) is solely used (i) for
residential purposes, or (ii) if reasonably contemplated by the
parties to the deed of trust or mortgage, for residential
purposes as well as limited agricultural or commercial purposes
incidental thereto, and (B) is the subject of an issued
certificate of occupancy unless the dwelling is to be owned and
occupied by the borrower.

(5)    "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, including continuing
migration, of hazardous substances into, onto, or through soil,
surface water, or groundwater.  The term does not include actions
directly relating to the incorporation in a lawful manner of
building materials into a permanent improvement to the real
property security.

(6)    "Secured lender" means the beneficiary under a deed of trust
against the real property security, or the mortgagee under a
mortgage against the real property security, and any successor-in-
interest of the beneficiary or mortgagee to the deed of trust or
mortgage.

740.   In an action for the recovery of property, where the plaintiff
shows a right to recover at the time the action was commenced, but
it appears that his right has terminated during the pendency of the
action, the verdict and judgment must be according to the fact, and
the plaintiff may recover damages for withholding the property.

741.   (a) As used in this section, "good faith improver" has the
meaning given that term by Section 871.1.

(b) When damages are claimed for withholding the property
recovered, and improvements have been made on the property by a
defendant or his predecessor in interest as a good faith improver,
the amount by which such improvements enhance the value of the land
must be allowed as a setoff against such damages.

742.   The Court in which an action is pending for the recovery of
real property, or for damages for an injury thereto, or a Judge
thereof may, on motion, upon notice by either party for good cause
shown, grant an order allowing to such party the right to enter
upon the property and make survey and measurement thereof, and of
any tunnels, shafts, or drifts therein, for the purpose of the
action, even though entry for such purpose has to be made through
other lands belonging to parties to the action.

743.   The order must describe the property, and a copy thereof must
be served on the owner or occupant; and thereupon such party may
enter upon the property, with necessary surveyors and assistants,
and make such survey and measurement; but if any unnecessary injury
be done to the property he is liable therefor.

744.   A mortgage of real property shall not be deemed a conveyance,
whatever its terms, so as to enable the owner of the mortgage to
recover possession of the real property without a foreclosure and
sale.

745.   The court may, by injunction, on good cause shown, restrain
the party in possession from doing any act to the injury of real
property:

(a)    During the foreclosure of a mortgage on the property.

(b)    After levy on the property and before the possession of the
property is transferred pursuant to sale under the levy.

746.   When real property has been sold pursuant to a levy, the
purchaser of the property, or any person who has succeeded to the
interest of the purchaser, may  recover damages from the person
causing the injury for injury to the property after levy and before
possession is delivered to the purchaser or the person who has
succeeded to the interest of the purchaser.

747.   An action for the recovery of real property against a person
in possession cannot be prejudiced by any alienation made by such
person, either before or after the commencement of the action.

748.   In actions respecting mining claims, proof must be admitted of
the customs, usages, or regulations established and in force at the
bar or diggings embracing such claim; and such customs, usages, or
regulations, when not in conflict with the laws of this State, must
govern the decision of the action.

749.   (a) In an action for damages by a homeowner or trustor against
a beneficiary of a trust deed on real property consisting of a
single-family residence containing not more than four dwelling
units, or against an assignee or successor in interest thereof,
wherein it is established the trust deed was forged in whole or in
part by the beneficiary, judgment may be entered for three times
the amount at which the actual damages are assessed.

(b)    An assignee or successor in interest of a beneficiary or a
transferee of a prior assignee or of a prior successor in
interest shall not be subject to treble damages unless it is
established that the person purchased or obtained the deed of
trust with actual knowledge of the forgery of the deed of trust.

(c)    This section shall not apply to any person who does not
purchase and sell four or more deeds of trust in any calendar
year.

(d)    This section shall not limit or affect the availability of
punitive damages, if any, to the injured party.

(e)    This section shall apply to any action filed on or  after
July 1, 1983, provided that any action filed prior to the effective
date of this section is pending at that time in the court of original
jurisdiction.

749.5.  (a) In an action for damages by an assignee or a successor in
interest against a beneficiary of a trust deed on real property
consisting of a single-family residence containing not more than four
dwelling units, wherein it is established the trust deed was forged in
whole or in part by the beneficiary, judgment may be entered for three
times the amount at which the actual damages are assessed.

(b)    This section shall not apply to any person who does not
purchase and sell four or more deeds of trust in any calendar
year.

(c)    This section shall not limit or affect the availability of
punitive damages, if any, to the injured party.

(d)    This section shall apply to any action filed on or after
January 1, 1984.

751.01.This chapter may be cited as the Destroyed Land Records
Relief Law.

751.02. Whenever the public records in the office of the county
recorder of any county are lost or destroyed in whole or in any
material part by flood, fire, earthquake, enemy attack, or from any
other cause, any person who claims an estate of inheritance or for
life in, and who is by himself, or his tenant or other person
holding under him in the actual and peaceable possession of, any
real property in the county may bring and maintain an action in rem
against all the world, in the superior court for the county in
which such real property is situate, to establish his title to such
property and to determine all adverse claims thereto.
Such action may also be brought in the county in which the real
property is situate if any real property is in another county, but
was formerly in the county of which all or a material part of the
records were so lost or destroyed, and if the lost or destroyed
records included all or a material part of the public records in
the office of the county recorder covering all or a material part
of the time when the real property was in the county whose records
were so lost or destroyed.

751.03.Any number of separate parcels of land claimed by the
plaintiff may be included in the same action.

751.04.The action shall be commenced by the filing of a verified
complaint.  The party commencing the action shall be named as
plaintiff, and the defendants shall be described as "all persons
claiming any interest in, or lien upon, the real property herein
described, or any part thereof."  The complaint shall contain a
statement of the facts enumerated in Section 751.02,
a particular description of the real property, and a
specification of the estate, title, or interest of the plaintiff in
the property.

751.05.Upon the filing of the complaint, a summons shall be issued
under the seal of the court.  The summons shall contain the name of
the court and county in which the action is brought, and the name
of the plaintiff and a particular description of the real property
involved, and shall be directed to "all persons claiming any
interest in, or lien upon, the real property herein described, or
any part thereof," as defendants, and shall be substantially in the
following form:

"IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA IN AND FOR THE COUNTY (OR
CITY AND COUNTY) OF _____________,             
                    
                     Plaintiff,                                                
                                                        
                         vs.                    

All Persons Claiming Any Interest in, or                   
Action No. _______ Lien Upon, the Real Property
Herein Described or Any Part thereof, Defendants.              

The people of the State of California, to all persons claiming any
interest in, or lien upon, the real property herein described,
or any part thereof, 

defendants, greeting:

You are hereby required to appear and answer the complaint
of ____________, plaintiff, filed with the clerk of the above
entitled court and county, within three months after the first
publication of this summons, and to set forth what interest
or lien, if any, you have in or upon that certain real property
or any part thereof, situated in the County (or City and County)
of __________, State of California, particularly described as follows:

(here insert description.)

And you are hereby notified that, unless you so appear and
answer, the plaintiff will apply to the court for the relief
demanded in the complaint, to wit:

(here insert a statement of the relief so demanded.)

Witness my hand and the seal of said court, this ________
day of __________, A.D. ______.

(SEAL)     ______________
                
                ______________, Clerk."

751.06.The summons shall be published in a newspaper of general
circulation published in the county in which the action is brought.
The newspaper in which publication is to be made shall be
designated by an order of the court or a judge thereof to be signed
and filed with the clerk.  No other order for the publication of
the summons shall be necessary, nor shall any affidavit therefor be
required, nor need any copy of the complaint be served, except as
required by this chapter.  The summons shall be published pursuant
to Section 6065 of the Government Code, and to each publication
thereof shall be appended a memorandum in substance as follows:
"The first publication of this summons was made in ____ (here
insert name) newspaper on the ____ day of ____ A.D. ____,"
(inserting the date).

751.07.If the affidavit provided for in Section 751.09 discloses the
name of any person claiming an interest in the property or a lien
thereon adverse to the plaintiff, that fact and the name and
address, if given, of the person shall be stated in a memorandum to
be appended to the summons in substance as follows:
"The following persons are said to claim an interest in, or lien
upon, said property adverse to plaintiff," (giving their names and
addresses as above provided).

751.08.A copy of the summons and a copy of the memorandum shall be
posted in a conspicuous place on each separate parcel of the
property described in the complaint within 15 days after the first
publication of the summons.

751.09.At the time of filing the complaint the plaintiff shall file
with it his affidavit fully and explicitly setting forth and
showing:

(a)    The character of the plaintiff's estate, right, title,
interest, or claim in, and possession of, the property, the
period it has existed, and from whom obtained.

(b)    Whether or not the plaintiff has ever made any conveyance of
all or any part of the property, or any interest therein, and if
so when and to whom, and a statement of any and all subsisting
mortgages, deeds of trust, and other liens thereon.

(c)    That the plaintiff does not know and has never been informed
of any other person who claims or who may claim any interest in
or lien upon all or any part of the property adversely to the
plaintiff, or if the plaintiff does know or has been informed of
any such person, the name and address of such person.
If the plaintiff is unable to state any of the required matters,
the plaintiff shall set forth and show fully and explicitly the
reasons for such inability.  Such affidavit shall constitute a
part of the judgment-roll.  If the plaintiff is a corporation,
the affidavit shall be made by an officer thereof.  If the
plaintiff is a person under guardianship or conservatorship, the
affidavit shall be made by the guardian or conservator.

751.10. If the affidavit discloses the name of any person claiming any
interest in or lien upon the property adverse to the plaintiff, a
copy of the summons and complaint and affidavit shall also be
served upon such person, if he can be found, in the manner provided
by law for the service of a summons in a civil action, other than
by publication.  Service shall be made during the period of the
publication of the summons.  A copy of the memorandum provided for
in Section 751.07 shall be appended to the copy of the summons
served upon any such person.

If such person cannot, with reasonable diligence, be served as
provided above within the period of publication of the summons, a
copy of the summons, memorandum, complaint, and affidavit shall be
mailed, postage prepaid, addressed to him at the address given in
the affidavit, or, if no address is given, at his last address
known to the plaintiff, or, if none, at the county seat of the
county in which the action is brought, forthwith upon the
expiration of the period of publication.

751.11.Upon the completion of the publication and posting of the
summons and its service or mailing as provided for in Section 751.10,
the court has complete jurisdiction over the plaintiff and
the property and the person of everyone having or claiming any
estate, right, title, or interest in or to, or lien upon, all or
any part of the property, and shall be deemed to have obtained the
possession and control of the property for the purposes of the
action with complete jurisdiction to render the judgment provided
for in this chapter.

751.12.At any time within three months after the first publication of
the summons, or such further time not exceeding 30 days as the
court for good cause may grant, any person having or claiming any
estate, right, title, or interest in or to, or lien upon, all or
any part of the property may appear and make himself a party to the
action by pleading to the complaint.  All answers must be verified
and must specifically set forth the estate, right, title, interest,
or lien so claimed.

751.13.At the time of filing the complaint the plaintiff, and at the
time of filing his or her answer every defendant claiming any
affirmative relief, shall record in the office of the recorder of
the county in which the property is situated a notice of the
pendency of the action containing the object of the action or
defense, and a particular description of the property affected by
it.  The recorder shall record the notice in the same manner as
provided in Section 409.

751.14.Judgment in any such action shall not be given by default, but
the court must require proof of the facts alleged in the complaint
and other pleadings.

751.15.The judgment shall determine all estates, rights, titles,
interests, and claims in and to such property and every part
thereof, whether legal or equitable, present or future, vested or
contingent, or whether they consist of mortgages or liens of any
description.  It shall be conclusive upon every person who at the
commencement of the action had or claimed any estate, right, title,
or interest in or to all or any part of such property and upon
every person claiming under him by title subsequent to the
commencement of the action.

751.16.A certified copy of the judgment shall be recorded in the
office of the recorder of the county in which the action was
commenced.  Any party or the successor in interest of any party to
the action may file the entire judgment roll for record in the
office of the county recorder.

751.17.Except as otherwise provided in this chapter, all rules of law
relating to evidence, pleading, practice, new trials, and appeals
applicable to other civil actions shall apply to actions authorized
by this chapter.

751.18.At any time after the issuance of summons, any party to the
action may take depositions in conformity to law upon notice to the
adverse party sought to be bound by such depositions and who has
appeared in the action and upon notice filed with the clerk.  The
depositions may be used by any party against any other party giving
or receiving the notice, subject to all just exceptions.

751.19.The clerk shall number all actions authorized by this chapter
consecutively in a distinct series and shall keep an index and
register devoted exclusively to such actions.

751.20.Whenever judgment in an action authorized by this chapter has
been entered as to any real property, no other action relative to
all or any part of the same property shall be tried until proof has
first been made to the court that all persons who appeared in the
first action or their successors in interest have been personally
served pursuant to this chapter either within or without the State
more than one month before the time to plead expired.

751.21.An executor, administrator, guardian, conservator, or other
person holding the possession of property in the right of another
may maintain as plaintiff, and may appear and defend in, any action
provided for by this chapter.

751.22.The remedies provided for by this chapter are cumulative and
in addition to any other remedy provided by law for quieting or
establishing title to real property.

751.23.Where the title to real property may be established or quieted
pursuant to this chapter, any person who is or claims to be the
owner of such real property or of any interest therein or lien
thereon, by himself or by his agent duly authorized by letter of
attorney theretofore recorded in the office of the county recorder
of the county where the property is situated, may sign, verify, and
file for record in the office of the county recorder a notice in
substantially the following form:

"NOTICE OF OWNERSHIP AND CLAIM TO REAL PROPERTY
UNDER THE DESTROYED RECORDS RELIEF LAW

"Notice is hereby given that ____ (here insert name of claimant) ____,
whose residence is at ____ (here insert street and number, city or
town, county and state of residence), is the owner of an interest in
the real property situated in the ____ (here insert name of city if
the property be located in a city) ____, county of ____ (here insert
name of county or city and county in which property is located) ____,
State of California, described as follows:  ____ (here insert a
particular description of real property) ____.

"The character of the interest in the real property owned by the
claimant is ____ (here insert description of the character of interest
in or lien upon the real property) ____ and the interest was obtained
from ____ (here insert the name of the party from whom the interest
was obtained) ____, and at the time and in the manner following ____

(here insert time at which and manner in which the interest
was acquired) ____."

751.24.The notice shall be signed by the claimant or by his agent and
shall be verified by the oath of the party signing it, to the
effect that all of the statements therein contained are true to his
knowledge.

751.25.Upon the filing of the notice for recordation the recorder
shall record the notice in the same manner as provided in Section 409.

751.26.After three days after the notice has been filed for record,
all persons who may begin actions pursuant to this chapter shall be
deemed to have notice of the facts stated in the notice.  Neither
the filing of the notice for record nor its recordation constitute
constructive notice to any other person or for any other purpose.

The original of the notice shall be returned to the party
requesting the recordation as provided in Section 27321 of the
Government Code.

751.27.After three days after the filing of the notice for record,
any person who begins an action pursuant to this chapter to perfect
or establish his title to the real property described in the
notice, or any interest therein, must name, in the affidavit and
memorandum appended to the summons, the claimant in the notice, or
any person who is a successor in interest of such claimant under a
subsequently duly recorded written instrument, judgment, or decree,
as a party who claims an interest in or lien upon the property
adverse to the plaintiff.  He must cause such claimant, or
successor in interest, to be served with summons in the action.

Otherwise neither the action nor any judgment or decree made
therein shall affect the title or interest in the property
described in the notice and owned by the claimant at the time of
the filing of the notice, or by any such successor in interest
prior to the commencement of the action.  The failure to name such
claimant or successor in interest in the affidavit or memorandum or
to serve such claimant or such successor in interest shall not
affect the validity of the judgment or decree rendered in such
action as to any other persons, but such judgment or decree shall
be valid and binding upon all persons except such claimant or
successor in interest.

751.28.An executor, administrator, guardian, conservator, or other
person holding the possession of property in the right of another,
may make, sign, verify, and file for record the notice and
affidavit provided for in this chapter on behalf of the estate or
interest which he represents.

751.50.If the boundaries of land owned either by public or by
private entities have been disturbed by earth movements such as,
but not limited to, slides, subsidence, lateral or vertical
displacements or similar disasters caused by man, or by
earthquake or other acts of God, so that such lands are in a
location different from that at which they were located prior to
the disaster, an action in rem may be brought to equitably
reestablish boundaries and to quiet title to land within the
boundaries so reestablished.

751.51.(a) An action authorized by this chapter may be commenced
by:

(1)    A county in which lands were affected by a disaster
described in Section 751.50 with or without the joinder of a
city or cities included in the county and within the area so
affected.

(2)    A city, if the disaster has affected land in the city.

(3)    Any other entity or person owning or having an interest
in or lien upon land affected by the disaster if granted
permission by the court to bring the action, and if the county
in which the land is located is made a party to the action.

(b) In an action authorized by this chapter every entity in actual and
peaceable possession of, or having an estate or interest in or lien
upon any of the land affected by the action, whose possession or
evidence of estate or interest is either recorded or known to the
plaintiffs, the city, if the land is within a city, the county in
which the land is located, and the State of California must be
designated in the complaint of the action, and given notice in the
manner required by this chapter.

(c)    All unknown entities, including owners, lien or interest
claimants, heirs, devisees, legatees or assigns, may be described
in the caption and complaint as "all entities claiming any
interest in or lien upon, the real property herein described or
any part of it."

751.52.An entity which is a permissive plaintiff under this chapter,
may bring a separate action with respect to separate portions of
the disaster area of sufficient size to equitably reestablish
boundaries without harm to other areas of the common disaster, its
decision regarding the desirability of the separate action, and
regarding the area to be dealt with in each action to be approved
by the court.

751.53.The complaint shall substantially include:

(a)    A statement of the facts which make the provisions of this
chapter applicable.

(b)    A description of the exterior boundaries of the real
property area sought to be affected by the action.

(c)    A specification of the estate, title, interest or claim
owned, and in the actual possession of the plaintiff or
plaintiffs in described parts of the entire real property sought
to be affected by the action.

(d)    A specification of the estate, title, interest, or claim, so
far as they are known to the plaintiffs or either of them, and so
far as they are capable of being discovered by reasonably
diligent search by the plaintiff or plaintiffs, in each separate
part of the entire real property sought to be affected by the
action.

(e)    A specification of the street areas sought to be vacated or
offered by the plaintiff, or plaintiffs, to be vacated in whole
or in part for judicial equitable allocation to landowners for
the mitigation of the losses inflicted upon the landowners by the
particular disaster or disasters to which this chapter is
applicable.

(f)    A proposed replatting of the entire real property sought to
be affected by the action, embodying the land boundaries as fixed
by the disaster, except as these boundaries have been equitably
and judicially readjusted, or as liberalized by judicially
directed use of the vacated lands.

751.54.Summons, publication of notice, posting and related matters
and procedures shall be governed by the provisions of Sections 751.05
through 751.10, inclusive, of the Code of Civil Procedure.

751.55.Upon the completion of the service, publication and posting of
the summons, as may be required by this chapter, the court has
complete jurisdiction over the parties plaintiff or plaintiffs and
the entire real property described in the complaint as intended to
be affected by the action, and over every entity having or claiming
an estate, right, title or interest in or to, or lien upon, all or
any part of the property, and shall be considered to have obtained
the possession and control of the property for the purposes of the
action with complete jurisdiction to render the judgment provided
for in this chapter.

751.56.(a) An answer to the complaint must be served within 90
days after the first publication of the notice, or such further
time not exceeding 30 days, as the court for good cause may grant.

(b)    An answer must:

(1)    Specifically set out the particulars in which the
claimant's estate, right, title, or interest in or to, or lien
upon all or any part of the property is different from, or
greater than, the interest of the claimant as it is described
in the complaint.

(2)    Be confined to rights based on events occurring at the
time of, or since the time of the disaster.

(c)    To whatever extent, if at all, the answering party has
rights against anyone whatsoever, based upon facts or events
which occurred before the disaster, the claims shall remain
unaffected by the action brought under this chapter and shall be
assertable subsequent to the conclusion of the action at any time
and in any manner permitted by law, notwithstanding the judgment
granted in this action, recognizing however the finality of this
judgment as to the consequences, with respect to land boundaries
as applicable to land in the disaster area.

751.57.A party to an action authorized by this chapter may file a
notice of the pendency of the action in the form and at the place
and with the effects specified by law.

751.58.The vacating of streets, highways or other public ways within
or abutting the area affected by the disaster, in whole or in part,
by the voluntary action of the governmental agency under whose
jurisdiction the streets, highways, or ways are vested, for the
purpose of making it possible for the court to mitigate the
hardships suffered by entities because of the change in land
boundaries caused by the disaster can be accomplished by the
affected governmental agency expressing the offer in the
proceedings followed by the court's acceptance thereof in an action
authorized by this chapter, without complying with any other
formalities of law.

751.59.In an action of the type authorized by this chapter, judgment
shall not be given by default, but the court must require proof of
the facts alleged in the complaint and other pleadings.

751.60.The judgment shall:

(a)    Determine the land boundaries of each parcel of land located
within the entire area of real property sought to be affected by
the action, whether owned publicly or privately, as fixed by the
disaster, except as these boundaries have been judicially and
equitably readjusted and as liberalized by judicial equitable
allocation of lands voluntarily vacated by a city, county or the
state under this act.

(b)    Determine the entity or entities having estates, rights,
titles, interests and claims in and to each parcel, whether legal
or equitable, present or future, vested or contingent, or whether
they consist of mortgages or liens of any description.

(c)    Approve and direct the proper filing of an official map
covering the entire area of real property sought to be affected
by the action, as a substitute for the plat maps previously
filed, but rendered inaccurate by the disaster.

751.61.In reaching the conclusions called for by Section 751.60,
the court shall give effect to the changes in land
boundaries caused by the disaster, mitigated, however, so far as
can equitably be done by adjustment of land boundaries and by
allocating to contiguous lots parts of the land released by a city,
county or the state by its voluntary vacation of areas formerly
constituting public ways, which vacatings of streets shall be
approved by the judgment.

751.62.The judgment shall be conclusive with respect to land
boundaries upon every entity who at the commencement of the action
had or claimed an estate, right, title or interest in or to or lien
upon a part of the entire area of real property described in the
complaint as intended to be affected by the action, and upon every
entity claiming under any such person by title subsequent to the
commencement of the action.

751.63. A certified copy of the judgment shall be recorded, at the
expense of the plaintiff or plaintiffs in the action, in the office
of the recorder of the county in which the affected land is
situated and shall constitute constructive notice of the findings
therein and of the official plat or plats referred to therein,
which findings and plats shall supersede and control all prior
plats, maps and documents to the extent inconsistent therewith.

751.64.The remedies provided for by this chapter are cumulative and
in addition to any other remedy provided by law for quieting or
establishing title to real property or the boundaries of it.

751.65.This chapter may be cited as the Cullen Earthquake
Act.

760.010.  As used in this chapter:

(a)    "Claim" includes a legal or equitable right, title,
estate, lien, or interest in property or cloud upon title.

(b)    "Property" includes real property, and to the extent
applicable, personal property.

760.020.  (a) An action may be brought under this chapter to
establish title against adverse claims to real or personal
property or any interest therein.

(b)    An action may be brought under this chapter by parties to an
agreement entered into pursuant to Section 6307 or 6357 of the
Public Resources Code to confirm the validity of the agreement.

(c)    Nothing in this section shall be construed to limit the
right of members of the public to bring or participate in actions
challenging the validity of agreements entered into pursuant to
Section 6307 or 6357 of the Public Resources Code.

760.030.  (a) The remedy provided in this chapter is cumulative
and not exclusive of any other remedy, form or right of action, or
proceeding provided by law for establishing or quieting title to
property.

(b) In an action or proceeding in which establishing or quieting
title to property is in issue the court in its discretion may,
upon motion of any party, require that the issue be resolved
pursuant to the provisions of this chapter to the extent
practicable.

760.040.  (a) The superior court has jurisdiction of actions under
this chapter.

(b) The court has complete jurisdiction over the parties to the action
and the property described in the complaint and is deemed to have
obtained possession and control of the property for the purposes of
the action with complete jurisdiction to render the judgment provided
for in this chapter.

(c)    Nothing in this chapter limits any authority the court may
have to grant such equitable relief as may be proper under the
circumstances of the case.

760.050.  Subject to the power of the court to transfer actions,
the proper county for the trial of an action under this chapter
is:

(a)    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 located.

(b)    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.

760.060.  The statutes and rules governing practice in civil actions
generally apply to actions under this chapter except where they are
inconsistent with the provisions of this chapter.

761.010.  (a) An action under this chapter is commenced by filing a
complaint with the court.

(b)    Immediately upon commencement of the action, the plaintiff
shall file 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.

761.020.  The complaint shall be verified and shall include all of the
following:

(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)    The title of the plaintiff as to which a determination under
this chapter is sought and the basis of the title.  If the title
is based upon adverse possession, the complaint shall allege the
specific facts constituting the adverse possession.

(c)    The adverse claims to the title of the plaintiff against
which a determination is sought.

(d)    The date as of which the determination is sought.  If the
determination is sought as of a date other than the date the
complaint is filed, the complaint shall include a statement of
the reasons why a determination as of that date is sought.

(e)    A prayer for the determination of the title of the plaintiff
against the adverse claims.

761.030.  (a) The answer shall be verified and shall set forth:

(1)    Any claim the defendant has.

(2)    Any facts tending to controvert such material allegations of
the complaint as the defendant does not wish to be taken as true.

(3)    A statement of any new matter constituting a defense.

(b) If the defendant disclaims in the answer any claim, or suffers
judgment to be taken without answer, the plaintiff shall not recover
costs.

761.040.  (a) The defendant may by cross-complaint seek affirmative
relief in the action.

(b) If the defendant seeks a determination of title as of a date other
than the date specified in the complaint, the cross-complaint shall
include the date and a statement of the reasons why a determination as
of that date is sought.

762.010.  The plaintiff shall name as defendants in the action the
persons having adverse claims to the title of the plaintiff against which
a determination is sought.

762.020.  (a) If the name of a person required to be named as a
defendant 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 762.060.

(b) If the claim or the share or quantity of the claim of a person
required to be named as a defendant 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 person 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 the claim had the contingency upon
which the claim depends occurred prior to the commencement of the
action.

762.030.  (a) If a person required to be named as a defendant is dead
and the plaintiff knows of a personal representative, the plaintiff
shall join the personal representative as a defendant.

(b) If a person required to be named as a defendant 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 affidvit that such person is dead,
the plaintiff may join as defendants "the testate and intestate
successors of ____ (naming the deceased person), deceased, and
all persons claiming by, through, or under such 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 the person as a
defendant, and may also join "the testate and intestate
successors of ____ (naming the person) believed to be deceased,
and all persons claiming by, through, or under such person,"
naming them in that manner.

762.040.  The court upon its own motion may, and upon motion of any
party shall, make such orders as appear appropriate:

(a)    For joinder of such additional parties as are necessary or
proper.

(b)    Requiring the plaintiff to procure a title report and
designate a place where it shall be kept for inspection, use, and
copying by the parties.

762.050.  Any person who has a claim to the property described in the
complaint may appear in the proceeding.  Whether or not the person is
named as a defendant in the complaint, the person shall appear as a
defendant.

762.060.  (a) In addition to the persons required to be named as
defendants in the action, the plaintiff may name as defendants "all
persons unknown, claiming any legal or equitable right, title, estate,
lien, or interest in the property described in the complaint adverse
to plaintiff's title, or any cloud upon plaintiff's title thereto,"
naming them in that manner.

(b)    In an action under this section, the plaintiff shall name as
defendants the persons having adverse claims that are of record
or known to the plaintiff or reasonably apparent from an
inspection of the property.

(c)    If the plaintiff admits the validity of any adverse claim,
the complaint shall so state.

762.070.  A person named and served as an unknown defendant has
the same rights as are provided by law in cases of all other
defendants named and served, and the action shall proceed against
unknown defendants in the same manner as against other defendants
named and served, and with the same effect.

762.080.  The court upon its own motion may, and upon motion
of any party shall, make such orders for appointment of guardians
ad litem as appear necessary to protect the interest of any party.

762.090.  (a) The state may be joined as a party to an action under
this chapter.

(b) This section does not constitute a change in, but is declaratory
of, existing law.

763.010.  (a) The form, content, and manner of the service of summons
shall be the same as in civil actions generally.

(b) If upon affidavit it appears to the satisfaction of the
court that the plaintiff has used reasonable diligence to
ascertain the identity and residence of and to serve summons on
the persons named as unknown defendants and persons joined as
testate or intestate successors of a person known or believed to
be dead, the court shall order service by publication pursuant
to Section 415.50 and the provisions of this article.  The court
may, in its discretion, appoint a referee to investigate
whether the plaintiff has used reasonable diligence to ascertain
the identity and residence of persons sought to be served by
publication, and the court may rely on the report of the referee
instead of the affidavit of the plaintiff in making the order for
service by publication.

(c)    Nothing in this section authorizes service by publication
upon any person named as an unknown defendant who is in open and
actual possession of the property.

763.020.  Whenever the court orders service by publication, the
order is 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 in a
conspicuous place 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.

763.030.  (a) Whenever 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 claim interests.

(b) Judgment against a defendant who fails to appear and answer
following service under this section shall be conclusive against the
defendant named in respect only to property described in the
publication.

763.040.  Whenever the court orders service by publication, the court
before hearing the case shall require proof that the summons has been
served, posted, published as required, and that the notice of pendency
of action has been filed.

764.010.  The court shall examine into and determine the plaintiff's
title against the claims of all the defendants.  The court shall
not enter judgment by default but shall in all cases require
evidence of plaintiff's title and hear such
evidence as may be offered respecting the claims of any of the
defendants, other than claims the validity of which is admitted by the
plaintiff in the complaint.  The court shall render judgment in
accordance with the evidence and the law.

764.020.  (a) If in an action under this chapter the validity or interpretation
of a gift, devise, bequest, or trust, under a will or instrument purporting to be
a will, whether admitted to probate or not, is involved:

(1)    The will or instrument purporting to be a will is admissible
in evidence.

(2)    All questions concerning the validity of the gift, devise,
bequest, or trust shall be finally determined in the action.

(3)    If the will has been admitted to probate and the gift,
devise, bequest, or trust has been interpreted by a final decree
of the probate court, the interpretation is conclusive as to the
proper construction thereof.

(b) Nothing in this section deprives a party of the right to a jury
trial in any case where, by law, the right is now given.

764.030.  The judgment in the action is binding and conclusive on all
of the following persons, regardless of any legal disability:

(a)    All persons known and unknown who were parties to the action
and who have any claim to the property, whether present or
future, vested or contingent, legal or equitable, several or
undivided.

(b)    Except as provided in Section 764.045, all persons who were
not parties to the action and who have any claim to the property
which was not of record at the time the lis pendens was filed or,
if none was filed, at the time the judgment was recorded.

764.045.  Except to the extent provided in Section 1908, the judgment
does not affect a claim in the property or part thereof of any person
who was not a party to the action if any of the following conditions
is satisfied:

(a)    The claim was of record at the time the lis pendens was
filed or, if none was filed, at the time the judgment was
recorded.

(b)    The claim was actually known to the plaintiff or would have
been reasonably apparent from an inspection of the property at
the time the lis pendens was filed or, if none was filed, at the
time the judgment was entered. Nothing in this subdivision shall
be construed to impair the rights of a bona fide purchaser or
encumbrancer for value dealing with the plaintiff or the
plaintiff's successors in interest.

764.060.  The relief granted in an action or proceeding directly or
collaterally attacking the judgment in the action, whether based on
lack of actual notice to a party or otherwise, shall not impair the
rights of a purchaser or encumbrancer for value of the property acting
in reliance on the judgment without knowledge of any defects or
irregularities in the judgment or the proceedings.

764.070.  Notwithstanding any other provision of this chapter, the
judgment in the action is not binding or conclusive on the following:

(a)    The state, unless individually joined as a party to the
action.

(b)    The United States, unless the United States is individually
joined as a party to the action and federal law authorizes
judgment in the action to be binding or conclusive as to its
interests.

764.080.  (a) In any action brought to quiet title to land that
has been subject to an agreement entered into pursuant to
Section 6307 or 6357 of the Public Resources Code, at the time
set for trial the court shall, at the request of any party, receive
evidence on the nature of the agreement.  After receiving that
evidence, the court shall render a statement of decision.  In the
case of an agreement pursuant to Section 6357, the statement of
decision shall include a recitation of the underlying facts and a
determination whether the agreement meets the criteria of Section 6357
and other law applicable to the validity of boundary line
agreements.  In the case of an agreement pursuant to Section 6307,
the statement of decision shall recite the relevant facts
and shall contain a determination whether the requirements of
Section 6307 of the Public Resources Code, Sections 3 and 4 of
Article 10 of the California Constitution, and other applicable
law have been met.

If the court finds the agreement to be valid, the judgment in the
action shall quiet title in the parties named in the agreement in
accordance with the agreement.  If the judgment is entered prior
to the effective date of the agreement, the judgment shall
provide that, upon the effective date, title is quieted in the
parties in accordance with the agreements.  However, no action
may be brought pursuant to this section until the State Lands
Commission has approved the agreement following a public hearing.

All such actions   shall be set on the trial calendar within one
year from the filing of a memorandum to set, unless the court
extends this time for good cause.

(b)    Nothing in this section shall be construed to limit the
right of members of the public to bring or participate in actions
challenging the validity of agreements entered into pursuant to
Section 6307 or 6357 of the Public Resources Code.  Any action
brought by a member of the   public shall be set on the trial
calendar within one year from the filing of a memorandum to set,
unless the court extends this time for good cause.

770.010.  As used in this article:

(a)    "Acquired" means received or taken by conveyance, judgment,
decree, or otherwise.

(b)    "Property" means any right, title, or interest in or lien
upon real property or part thereof.

(c)    "Subsequent owner" means the person to whom property is
transferred whether as owner, part owner, or otherwise, or the
successors in interest of the person, and includes a distributee
of the estate of a decedent.

(d)    "Transfer" means voluntary or involuntary transfer and
includes a conveyance, reconveyance, satisfaction of a lien, or
divestment by judgment, decree, or otherwise.  The probate of the
estate of a decedent and entry of the decree of distribution is a
transfer within the meaning of this subdivision.

770.020.  If property is acquired or stands of record in the name of a
person who heretofore or hereafter transfers the property under a name
other than or different from the name in which the property is
acquired or stands of record, a proceeding is authorized to
adjudicate and determine the identity of the person in whose name
the property is acquired or stands of record and the person who
transfers the property.

770.030.  The proceeding shall be brought in the superior court of the
county in which the property or any part thereof is situated.

770.040.  (a) The proceeding may be brought by a subsequent owner of
the property by filing a petition with the court.

(b) At any time before the date fixed for the hearing of the petition,
any person interested in the property may answer the petition and deny
any of the matters contained therein.

770.050.  (a) The petition shall be verified in the manner provided
for verification of a complaint.

(b) The petition may be substantially entitled, "In the matter of the
determination of the identity of ____" (naming all the persons sought
to be identified), and may set forth:

(1)    A statement of petitioner's interest in the property as
subsequent owner.

(2)    A particular description of the property.

(3)    The name or names of the person or persons sought to be
identified, setting out the name and a reference to the record of
the transaction under which the property was acquired or stands
of record and the name and a reference to the record of the
transaction under which the property was transferred or stands of
record, that the names are the names of the same person, and that
the transfers affect the petitioner's title to the real property.

(4)    A prayer that the identity of such persons be established.

(c)    As many persons sought to be identified as appear of
record in the chain of title to the property may be joined in
one petition or proceeding.

770.060.  (a) Upon the filing of the petition, the clerk shall
set the petition for hearing by the court.

(b) The petitioner shall give notice of the hearing by causing
notices of the time and place of hearing to be posted at the
courthouse of the county where the proceeding is pending and
in a conspicuous place on the real property described in the
petition, at least 10 days before the hearing.

(c)    The special notice shall be substantially in the following
form:

(Title of court and cause)
Notice is hereby given that ____ has filed a petition herein claiming
to be the owner (or distributee) of the following described lands ____
(description) and praying that the identity of the following-named
persons, in former conveyances (or judgments or decrees) to said lands
or in decrees of distribution of said lands in probate be determined,
to wit:
________ (names as J. Doe and John Doe); and that the time and place
of hearing said petition has been set for ____ the ____ day of ____, 19_,
at the hour of ____, _m. of said day at the courtroom of said
court in the City of ____, County of ____, State of California.
___________________________
Clerk

770.070.  (a) At the time fixed for the hearing or such time
thereafter as may be fixed by the court, the court shall hear the
proofs offered by the petitioner and by any persons answering the
petition, and shall make and enter a decree determining the identity
of the person or persons set out in the petition in accordance with
the proofs.

(b) An appeal may be taken by any party aggrieved.

770.080.  (a) After the decree has become final it constitutes prima
facie evidence of the matters thereby determined and it is presumed
that the identity of the person or persons described in the decree is
such as is stated in the decree.

(b) A certified copy of the decree shall be recorded in the office of
the county recorder of every county in which any part of the property
is situated.

771.010.  If a proposal is heretofore or hereafter made to dedicate
real property for public improvement, there is a conclusive
presumption that the proposed dedication was not accepted if all of
the following conditions are satisfied:

(a)    The proposal was made by filing a map only.

(b)    No acceptance of the dedication was made and recorded within 25
years after the map was filed.

(c)    The real property was not used for the purpose for which the
dedication was proposed within 25 years after the map was filed.

(d)    The real property was sold to a third person after the map
was filed and used as if free of the dedication.

771.020.  (a) An action is authorized to clear title to real property
of a proposal to dedicate the property for public improvement if there
is a conclusive presumption pursuant to Section 771.010 that the
proposed dedication was not accepted.

(b) The action shall be pursuant to Chapter 4 (commencing with
Section 760.010) and shall have the following features:

(1)    The public entity to which the dedication was proposed shall
be named as defendant.

(2)    The judgment in the action shall clear the title of the
proposed dedication and remove the cloud created by the proposed
dedication.

772.010.  This article applies only to lands within a city in any
county with a population exceeding 4,000,000, or with a population of
more than 700,000 and less than 710,000 as determined by the 1960
Federal Decennial Census.

772.020.  As used in this article:

(a)    "Surface zone" means the zone which lies above a plane which
is 500 feet below the surface of the land.

(b)    "Subject land" means that area occupied by the particular
described surface and surface zone for which plaintiff seeks to
terminate the leasehold right of entry and occupation.

(c)    "Lease facilities" means storage tanks, wash tanks,
separators, heaters, and other facilities reasonably necessary
for the production of oil or gas, including secondary recovery
operations.

772.030.  (a) If a mining rights lease, including a community lease,
exists for the production of oil, gas, or other hydrocarbons, and a
right of entry or occupation provided by the lease encumbers all or
part of the surface or surface zone of the leasehold lands, any person
who owns a fee interest in the surface of the leasehold lands may
bring an action in the superior court to terminate the right of entry
or occupation as to all or some described portion of the surface and
surface zone of the leasehold lands in which the person owns an
interest.

(b) No judgment rendered pursuant to this article shall change or
affect the terms or operation of any valid unit agreement or valid
operating agreement which comes within the provisions of Section 3301
or 3321 of the Public Resources Code.

772.040.  The court may render a judgment terminating the
lessee's right of entry or occupation of the surface and
surface zone, subject to such conditions as the court
deems fair and equitable, if the evidence shows each of the following:

(a)    The document that created the leasehold interest was
originally executed more than 20 years prior to filing the action
under this article regardless of any amendments to the document.
However, if any amendment was entered into expressly for the
purpose of waiving, limiting, or rearranging surface rights of
entry and occupation by the lessee, the 20-year period shall be
computed as if the document were originally executed on the date
of execution of the amendment.

(b)    The subject land is not presently occupied by any of the
following:

(1)    A producing oil or gas well or well bore.

(2)    A well or well bore being utilized for injection of
water, gas, or other substance into geologic substrata as an
aid to oil or gas production or to ameliorating subsidence.

(3)    A well or well bore being utilized for the disposal
injection of waste oil well brine and byproducts.

(4)    A well or well bore being utilized for the production of
water for use in oil field injection, waterflood, and pressure
maintenance programs.

(c)    Termination of the right of entry or occupation within the
subject land in the manner requested by the plaintiff, or subject
to such conditions as the court may impose pursuant to this
section, will not significantly interfere with the right of the
lessee, under the lease, to continue to conduct operations for
the continued production of oil from leasehold strata beneath the
surface zone in a practical and economic manner, utilizing such
production techniques as will be appropriate to the leasehold
area, consistent with good oilfield practice, and to gather,
transport, and market the oil.

772.050.  (a) The court may qualify the judgment terminating the
surface and surface zone right of entry or occupation so as to provide
for limited surface and surface zone easements that the lessee may
continue to enjoy within the subject land.

(b) A judgment may be conditioned upon the relocation of pipelines,
roadways, equipment, or lease facilities in such manner as will most
effectively free the subject land for surface use while safeguarding
continued oil and gas operations in a practical and economic manner.
Any such condition of the judgment shall require the plaintiff to pay
the costs of the relocation.  However, the plaintiff shall be entitled
to a setoff against the costs to the extent of any benefit to the
lessee resulting from the installation of new equipment or material.
The plaintiff has the burden of proving any benefit accruing to the
lessee.

772.060.  It is against public policy for any oil or gas lease, at its
inception, to provide for the waiver of any rights created by this
article, or for such rights to be waived by amendment to any oil or
gas lease within 20 years of the date of its execution by a plaintiff
or the plaintiff's predecessor in interest.

801.1. An action may be brought to determine adverse interests in,
liens or clouds upon title to real property arising out of any
public improvement assessment or any bond issued to represent such
assessment where the lien of such assessment or bond is presumed to
have been extinguished under the provisions of Section 2911 of the
Civil Code, or to determine adverse interests in, liens or clouds
upon title to real property by reason of any certificate issued on
sale made to satisfy any public improvement assessment or bond
where such sale was made more than four years prior to the
commencement of the action and no deed pursuant thereto has been
issued prior to the commencement of the action or prior to
January 1, 1951, whichever is the later.

801.10. All unknown defendants, including the heirs and devisees
designated in the complaint, shall have the same rights as are
provided by law for other defendants upon whom summons is served,
and the action shall proceed against them in the same manner.
Regardless of any legal disability, any unknown defendant,
including any heir or devisee designated in the complaint, who
has been served, and anyone claiming under him, shall be
concluded by a judgment in the action as if the action were
brought against and personal service made upon that person by his
or her name.

801.11. On the trial of the action, the court shall determine the
rights of all the parties thereto and shall require proof of the
facts alleged.  Any certificate issued on sale made to satisfy
any public improvement assessment or any bond issued to represent
such assessment shall be presumed to have been paid and redeemed
where no deed pursuant thereto has been issued and such sale was
made more than four years prior to the commencement of the
action.

The presumption herein mentioned shall become and be conclusive
if no deed pursuant to such sale is issued within four years
after the date of sale or prior to January 1, 1953, whichever is
the later; and no public official shall thereafter execute or
issue any deed pursuant to such sale.

801.12. If the court determines that none of the defendants have any
right, title, interest, lien or estate in the property, it shall
render its final decree quieting the plaintiff's title.  If the
court determines that any of the defendants have any right,
title, interest, lien or estate in the property, it shall render
its decree establishing these rights and may order the sale of
the property or partition thereof.  The decree shall direct the
public officer having the record of the assessment, bond or
certificate of sale to cancel the record thereof.

801.13.If the court orders a sale of the property or a partition
thereof, the same shall be made in accordance with the provisions
of Title 10.5 (commencing with Section 872.010) of Part 2, except
that proceeds of sale belonging to unknown defendants or
defendants whose identities or whereabouts are unascertained
shall be paid to the public officer who is the custodian of the
funds collected on such public improvement assessments, bonds or
certificates of sale, to be held by him as in like instances of
collection.

801.14. The decree, after it has become final, is conclusive against
all persons named in the complaint who have been served and all
unknown persons and the heirs and devisees of deceased persons
designated in the complaint and served as hereinbefore provided.

801.15. After the judgment has become final, a certified copy
thereof shall be delivered to the public officer having the
record of the assessment, bond or certificate of sale in his
office and he shall thereupon mark the record of the assessment,
bond or certificate of sale as follows:  "Canceled by judgment of
court, superior court case number (here give number)."

801.2. The action may be brought as a separate action or joined as a
cause with other causes of action to determine adverse claims to
and clouds upon title to real property, but the complaint shall
aver the pertinent matters stated in the preceding section and
shall be verified.

801.3. The complaint shall include as defendants to the action (a)
all persons known to the plaintiff owning or claiming an
interest under such public improvement assessment, bond or
certificate of sale; (b) the payee, as shown by the bond
representing the assessment, if any; c the owner of the special
assessment or certificate of sale, if any, and any person
claiming an interest therein, as shown by the records of the
treasurer, street superintendent or other public official who is
the custodian of the funds to be collected thereon or who issued
such certificate of sale, and (d) such treasurer, street
superintendent or other public official.  If any person owning or
claiming an interest under such assessment, bond or certificate
of sale is known to be dead, the heirs and devisees of such
person may be sued as:  "the heirs and devisees of" said person,
naming him, or if such person is believed to be dead and such
belief is alleged in the complaint on information and belief then
the heirs and devisees of such person may also be sued as "the
heirs and devisees" of said person, naming him, provided that
such person is also named as a defendant.

801.4. The complaint shall also include, as defendants, unknown
persons owning or claiming an interest in such bond, special
assessment or certificate of sale and they may be described in the
complaint as:  "Also the owner or any person claiming an interest (here
describe the bond, special assessment or certificate of sale
as it is described in the office in which it was issued)."

801.5. Within ten days after the filing of the complaint, plaintiff
shall file or cause to be filed in the office of the recorder of
the county where the property is situated, a notice of the pendency
of the action, containing the title and object of the action and a
description of the property in that county affected thereby.  From
the time of filing such notice of record only, shall all persons
have constructive notice thereof.

801.6. Within three years after the filing of the complaint, a
summons shall be issued which shall contain the matters required by
Section 412.20, designating the defendants as in the complaint, and
in addition, a description of the property and a statement of the
object of the action.

801.7. Within thirty days after the issuance of the summons, the
plaintiff shall post, or cause to be posted, a copy thereof in a
conspicuous place on the property.

801.8. All known defendants shall be served in the manner provided by
law for the service of a summons in a civil action.  All unknown
defendants shall be served by publication as provided in Section 750.

801.9. In addition to the matters required to be set forth in the
affidavit by the plaintiff for publication of summons, it shall
appear by the affidavit that the plaintiff used reasonable
diligence to ascertain the identity and residence of the unknown
defendants and of any persons sued as heirs and devisees.

802.   The writ of sire facies is abolished.

803.   An action may be brought by the attorney-general, in the
name of the people of this state, upon his own information, or
upon a complaint of a private party, against any person who
usurps, intrudes into, or unlawfully holds or exercises any
public office, civil or military, or any franchise, or against
any corporation, either de jure or de facto, which usurps,
intrudes into, or unlawfully holds or exercises any franchise,
within this state.  And the attorney-general must bring the
action, whenever he has reason to believe that any such office or
franchise has been usurped, intruded into, or unlawfully held or
exercised by any person, or when he is directed to do so by the
governor.

804.   Whenever such action is brought, the Attorney General, in
addition to the statement of the cause of action, may also set
forth in the complaint the name of the person rightly entitled to
the office, with a statement of his right thereto.

805.   In every such action judgment may be rendered upon the right
of the defendant, and also upon the right of the party so alleged
to be entitled, or only upon the right of the defendant, as
justice may require.

806.   If the judgment be rendered upon the right of the person so
alleged to be entitled, and the same be in favor of such person,
he will be entitled, after taking the oath of office and
executing such official bond as may be required by law, to take
upon himself the execution of the office.

807.   If judgment be rendered upon the right of the person so
alleged to be entitled, in favor of such person, he may recover,
by action, the damages which he may have sustained by reason of
the usurpation of the office by the defendant.

808.   When several persons claim to be entitled to the same office
or franchise, one action may be brought against all such persons,
in order to try their respective rights to such office or
franchise.

809.   When a defendant, against whom such action has been brought,
is adjudged guilty of usurping or intruding into, or unlawfully
holding any office, franchise, or privilege, judgment must be
rendered that such defendant be excluded from the office,
franchise, or privilege, and that he pay the costs of the action.
The Court may also, in its discretion, impose upon the defendant
a fine not exceeding five thousand dollars, which fine, when
collected, must be paid into the Treasury of the State.

810. Section Eight Hundred and Ten.  When the action is brought
upon the information or application of a private party, the
Attorney General may require such party to enter into an
undertaking, with sureties to be approved by the Attorney
General, conditioned that such party or the sureties will pay any
judgment for costs or damages recovered against the plaintiff,
and all the costs and expenses incurred in the prosecution of the
action.

811.   The action provided for in this chapter may be maintained by
the board of supervisors of any county or city and county or the
legislative body of any municipal corporation, respectively, in
the name of such county, city and county or municipal corporation
against any person who usurps, intrudes into or unlawfully holds
or exercises any franchise, or portion thereof, within the
respective territorial limits of such county, city and county or
municipal corporation and which is of a kind that is within the
jurisdiction of such board or body to grant or withhold.

850.   Upon the failure of any co-owner of a mine or mining
claim to contribute his proportionate share of the taxes which
have been levied and assessed upon the mine or claim for the
period of five years, any co-owner who has paid such share may
at the expiration of the five years serve upon the delinquent
co-owner notice thereof.

851.   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 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.

852.   If prior to the expiration of 90 days from the service
the delinquent fails or refuses to contribute his
proportionate share of the taxes, the co-owner contributing
such share may file in the superior court of the county in
which the mine or claim is situated a verified petition
setting forth the facts and particularly describing the mine
or claim.

853.   If the mine or claim is situated in more than one county,
the petition may be filed in the superior court of either
county.

854.   The clerk shall set the petition for hearing by the court
and give notice thereof 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.

855.   The court shall hear evidence for or against the petition
and may order judgment thereon vesting the interest of the
delinquent in the mine or claim in the petitioner.

856.   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 claim is situated.

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.

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.

861.1. The summons shall be directed to "all persons
interested in the matter of (specifying the matter),"
shall contain a notice to all persons interested in the
matter to appear and answer 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.  Except as otherwise specified in this section
such summons shall be in the form prescribed in Section 412.20.

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.

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.

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.

865.   If more than one action is pending concerning similar
contests which may be brought under this chapter, they shall
be consolidated for trial.

866.   The court hearing the action shall disregard any error,
irregularity, or omission which does not affect the
substantial rights of the parties.

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.

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.

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.

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.

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).

871.2. As used in this chapter, "person" includes an unincorporated
association.

871.3. A good faith improver may bring an action in the superior
court or, subject to Section 396, may file a cross-complaint in a
pending action in the superior or municipal court for relief under
this chapter.  In every case, the burden is on the good faith
improver to establish that he 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.

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.

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.

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.

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.

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.

872.020.  This title governs actions for partition of real property
and, except to the extent not applicable, actions for partition of
personal property.

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.

872.040.  Nothing in this title excuses compliance with any applicable
laws, regulations, or ordinances governing the division, sale, or
transfer of property.

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.

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.

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.

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.

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.

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.

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.

872.240.  Real and personal property may be partitioned in one action.

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.

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.

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.

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.

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.

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.

872.430.  The answer may set forth any claim the defendant has for
contribution or other compensatory adjustment.

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.

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 person 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.

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.

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.

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.

872.610.  The interests of the parties, plaintiff as well as
defendant, may be put in issue, tried, and determined in the action.

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.

872.630.  (a) To the extent necessary to grant the relief sought
or other appropriate relief, the court shall determine the status
and priority of all liens upon the property.

(b) The court may appoint a referee to ascertain the facts necessary
for the determination required by this section.  Upon application of
the referee or a lienholder, the court shall direct the issuance of
process to compel attendance of witnesses, the production of books,
documents, or things, and the filing of verified claims.  The report
of the referee thereon shall be made in writing to the court and shall
be confirmed, modified, or set aside and a new reference ordered, as
the justice of the case may require.

872.640.  Where two or more parties are unknown, the court may
consider their interests together in the action and not as between
each other.

872.710.  (a) At the trial, the court shall determine whether the
plaintiff has the right to partition.

(b) Except as provided in Section 872.730, partition as to concurrent
interests in the property shall be as of right unless barred by a
valid waiver.

(c)    Partition as to successive estates in the property shall be
allowed if it is in the best interest of all the parties.  The
court shall consider whether the possessory interest has become
unduly burdensome by reason of taxes or other charges, expense of
ordinary or extraordinary repairs, character of the property and
change in the character of the property since creation of the
estates, circumstances under which the estates were created and
change in the circumstances since creation of the estates, and
all other factors that would be considered by a court of equity
having in mind the intent of the creator of the successive
estates and the interests and needs of the successive owners.

872.720.  (a) If the court finds that the plaintiff is entitled to
partition, it shall make an interlocutory judgment that determines the
interests of the parties in the property and orders the partition of
the property and, unless it is to be later determined, the manner of
partition.

(b) If the court determines that it is impracticable or highly
inconvenient to make a single interlocutory judgment that determines,
in the first instance, the interests of all the parties in the
property, the court may first ascertain the interests of the original
concurrent or successive owners and thereupon make an interlocutory
judgment as if such persons were the sole parties in interest and the
only parties to the action.  Thereafter, the court may proceed in like
manner as between the original concurrent or successive owners and the
parties claiming under them or may allow the interests to remain
without further partition if the parties so desire.

872.730.  To the extent that the court determines that the provisions
of this title are a suitable remedy, such provisions may be applied in
a proceeding for partnership accounting and dissolution, or in an
action for partition of partnership property, where the rights of
unsecured creditors of the partnership will not be prejudiced.

872.810.  The court shall order that the property be divided among the
parties in accordance with their interests in the property as
determined in the interlocutory judgment.

872.820.  Notwithstanding Section 872.810, the court shall order
that the property be sold and the proceeds be divided
among the parties in accordance with their
interests in the property as determined in the interlocutory judgment
in the following situations:

(a)    The parties agree to such relief, by their pleadings or
otherwise.

(b)    The court determines that, under the circumstances, sale and
division of the proceeds would be more equitable than division of
the property.  For the purpose of making the determination, the
court may appoint a referee and take into account his report.

872.830.  If, in making a determination whether sale would be
more equitable than division of the property, the court finds
that sale and division of proceeds for part of the property would
be more equitable than division of the whole property, the court
may order that such part be sold and the remainder divided.

872.840.  (a) Where the property or an interest therein is subject to
an express trust, the court may, in its discretion, order that the
property be sold.

(b)    Upon division or sale of such property, the property or
proceeds of sale allotted to the trustee of the express trust
shall be held by him upon the trust therein stated, and no
further action by the court pursuant to Section 873.840 is
required.

873.010.    (a) The court shall appoint a referee to divide or sell
the property as ordered by the court.

(b)    The court may:

(1)    Determine whether a referee's bond is necessary and fix
the amount of the bond.

(2)    Instruct the referee.

(3)    Fix the reasonable compensation for the services of the
referee and provide for payment of the referee's reasonable
expenses.

(4)    Provide for the date of commencement of the lien of the
referee allowed by law.

(5)    Require the filing of interim or final accounts of the
referee, settle the accounts of the referee, and discharge the
referee.

(6)    Remove the referee.

(7)    Appoint a new referee.

873.020.  The court in its discretion may appoint a referee for sale
and a referee for division, or may appoint a single referee for both.

873.030.  (a) The court may, with the consent of the parties, appoint
three referees to divide or sell the property as ordered by the court.

(b)    The three referees so appointed shall have all the powers
and may perform all the duties required of one referee.

873.040. (a) The court shall appoint as referee under this title any
person or persons to whose appointment all parties have
consented.

(b)    In the case of a minor party or a party for whom a
conservator of the estate has been appointed, the guardian or
conservator of the estate of the party may so consent.

873.050. None of the following persons shall be appointed a
referee under this title:

(a)    A clerk or deputy clerk of the court.

(b)    A former or present partner or employee of the judge.

(c)    A relative within the third degree of the judge or the
judge's spouse or the spouse of such a relative.

(d)    An owner of any interest in the property that is the
subject of the action.

873.060.  The referee may perform any acts necessary to exercise the
authority conferred by this title or by order of the court.

873.070.  The referee or any party may, on noticed motion, petition
the court for instructions concerning the referee's duties under this
title.

873.080.  (a) In selling or dividing the property, the referee may, if
it will be for the advantage of those interested, designate a portion
of the property as a public or private way, road, or street.  In
connection therewith, the referee may also recommend the closure of
any or all other roads on the property and allocation of the portion
of the property occupied by such roads to the parties.

(b) Upon making such a designation and recommendation that is adequate
to accommodate public and private needs, the referee shall report that
fact to the court.

(c)    Upon confirmation of the referee's report by the court,
subject to any necessary action by the appropriate public
entities:

(1)    The portion of the  property designated as a public way,
road, or street shall not be allocated to any of the parties
or sold but shall be an open and public way, road, or street.

(2)    The property designated as a private way, road, or street
shall be a private way for the use of the parties interested.

(3)    The roads recommended to be closed shall be deemed
abandoned upon the terms stated in the order of confirmation.

873.110.  Subject to the limitations of this article, the
court may:

(a)    Authorize or approve contracts of the referee for the
services and expenses of surveyors, engineers, appraisers,
attorneys, real estate brokers, auctioneers, and others.

(b)    Allow and direct payment of or reject claims under such
contracts.

(c)    Provide for the date of commencement of any lien
provided by law or contract for such claims.

873.120.  (a) The referee may employ an attorney only with the
approval of the court pursuant to Section 873.110.

(b) The application for approval shall be in writing and shall include
the name of the attorney whom the referee wishes to employ and the
necessity for the employment.

(c)    The attorney so employed may not be attorney for, or
associated with or employed by an attorney for, any party to the
action except with the written consent of all the parties to the
action.

(d)    Any claim for compensation for the attorney shall detail the
services performed by the attorney.

873.130.  The referee may, with the approval of the court pursuant to
Section 873.110, employ a surveyor with the necessary assistants to
aid in making a sale or division of property.

873.140.  The referee may, with the approval of the court pursuant to
Section 873.110, employ an auctioneer, authorized to act as such in
the locality, to conduct a public auction and to secure purchasers by
such method for any property to be sold at public auction.

873.150.  A contract for the services of an attorney, surveyor,
auctioneer, or other third person may provide for the accrual of
interest at a rate not in excess of the legal rate for amounts due
under the contract that are not paid within three months after the
time they become due and payable.

873.160.  The referee is not personally liable on contracts made, or
for expenses incurred, except as such liability is expressly assumed
by the referee in writing.

873.210.  The referee appointed by the court to make a division
of the property shall divide the property and
allot the several portions to the parties, quality and quantity
relatively considered, according to their interests in the property as
determined in the interlocutory judgment.

873.220.  As far as practical, and to the extent it can
be done without material injury to the rights of the other
parties, the property shall be so divided as
to allot to a party any portion that embraces improvements made by
that party or that party's predecessor in interest.  In such division
and allotment, the value of such improvements shall be excluded.

873.230.  Where prior to the commencement of the action a party has
executed a deed purporting to convey to a purchaser a portion of the
property to be divided, to the extent it can be done without material
injury to the rights of the other parties, the property shall be so
divided as to allot that portion to the purchaser, the purchaser's
heirs or assigns, or such other action taken as to make the deed
effectual as a conveyance of that portion of the property.

873.240.  Where real property consists of more than one distinct lot
or parcel, the property shall be divided by such lots or parcels
without other internal division to the extent that it can be done
without material injury to the rights of the parties.

873.250.  (a) Where division cannot be made equally among the parties
according to their interests without prejudice to the rights of some,
compensation may be required to be made by one party to another to
correct the inequality.

(b) No compensation shall be required to be made to others by unknown
owners or by minors unless it appears that a minor has personal
property sufficient for that purpose and the minor's interest will be
promoted thereby.

873.260.  Where a lien is on an undivided interest of a party, the
lien shall, upon division of the property, become a charge only on the
share allotted to that party.

873.270.  Where the court has determined the combined interests of two
or more unknown parties, the entire portion of the property allocated
to such parties shall remain undivided.

873.280.  (a) The referee shall file with the court a report of
the referee's proceedings and give written notice of filing to each party
who has appeared in the action.

(b) The report shall include all of the following:

(1)    A specification of the manner in which the referee has
executed the referee's trust.

(2)    A description of the property divided and of the share
allotted to each party, along with any recommendation as to
owelty.

(3)    Any recommendation as to opening and closing public and
private ways, roads, streets, and easements.

873.290.  (a) Any party, upon notice to the other parties who have
appeared, may move the court to confirm, modify, or set aside the
report.

(b) At the hearing, the court may either confirm the report as filed
or as the court may modify and enter judgment of partition accordingly
or set aside the report and order preparation of a new report and, if
necessary, appoint a new referee for this purpose.

(c)    The division is effective and title vests in accordance
therewith upon entry of judgment of partition.

873.510.  The referee appointed by the court to make a sale of the
property shall sell the property in the manner and following the
procedures provided in this chapter.

873.520.  The property shall be sold at public auction or private sale
as the court determines will be more beneficial to the parties.  For
the purpose of making this determination, the court may refer the
matter to the referee and take into account the referee's report.

873.530.  Part of the property may be sold at public auction and part
at private sale if it appears that to do so will be more beneficial to
the parties.

873.600.  Notwithstanding any other provision of this title, the court
shall order sale by such methods and upon such terms as are expressly
agreed to in writing by all the parties to the action.

873.610.  (a) The court may, at the time of trial or thereafter,
prescribe such manner, terms, and conditions of sale not inconsistent
with the provisions of this chapter as it deems proper for the
particular property or sale.

(b) The court may refer the manner, terms, and conditions of sale to
the referee for recommendation but shall not approve the referee's
report except following a hearing upon noticed motion.

873.620.  (a) Unless the interests and rights of the parties will be
materially prejudiced thereby, the court shall order that distinct
lots or parcels of real property be sold separately.

(b) The court may order that the real and personal property or any
portion thereof be sold as a unit.


873.630.  The court may:

(a)    Direct a sale on credit for the property or any part
thereof.

(b)    Prescribe such terms of credit as may be appropriate.

(c)    Approve or prescribe the terms of security to be taken upon
the sale, including the manner in which title to the security is
to be taken, whether in a single instrument or several
instruments, according to the interests of the parties.

 873.640. (a) Notice of the sale of real or personal property shall be
given in the manner required for notice of sale of like property
upon execution.  Such notice shall also be given to every party
who has appeared in the action and to such other interested
persons as may have in writing requested the referee for special
notice.

(b) Where real and personal property are to be sold as a unit,
notice of the sale may be in the manner required for notice of
sale of real property alone.

(c)    The court may order such additional notice as it deems
proper.

(d)    Where the court orders a new sale of property pursuant to
Section 873.730 or Section 873.740, notice of sale shall be as
provided in this section.

873.650.  (a) The court shall prescribe the contents of the notice of
sale, which shall include a description of the property, the time and
place of sale, and a statement of the principal terms of sale.  In
place of the principal terms of sale, the notice may refer to an order
of the court or to a written statement containing such information
which may be inspected at the place of business of the referee or the
referee' s attorney.

(b) A notice of private sale shall state a place where bids or offers
will be received and a day on or after which the sale will be made.

873.660.  (a) The court may order securities listed on an established
stock or bond exchange, and personal property that is perishable, that
will depreciate in value if not promptly disposed of, or that will
incur loss or expense by being kept, to be sold upon such notice and
conditions as may be appropriate.

(b) Unless otherwise ordered by the court, title to property sold
pursuant to this section passes without court confirmation.
The referee is responsible for the actual value of the property until,
after return and proper showing, the court approves the sale.

873.670.  (a) A sale at public auction to the highest bidder shall be
held in the county in which the action is pending or such other place
as may be specified by the court.

(b) Unless otherwise ordered by the court, personal property shall be
present at the sale.

(c)    The sale may be postponed by the referee by public
declaration as provided for sales upon execution.

873.680.  (a) A sale at private sale shall not be made before the day
specified in the notice of sale but shall be made within one year
thereafter.

(b) The bids or offers shall be in writing and left at the place
designated in the notice at any time after the first publication or,
if none, the posting of the notice.  873.690.  (a) The following
persons shall not purchase property sold in the action directly or
indirectly:

(1)    The referee.

(2)    The attorney of a party.

(3)    The guardian or conservator of a party, unless for the
benefit of the ward or conservatee.

(b) All sales contrary to this section are void except that a sale to
a bona fide purchaser following a sale contrary to this section shall
not be disturbed.

873.710.  (a) Upon making a sale of property, the referee shall report
the sale to the court.

(b) The referee's report shall contain, in addition to such other
information as may be appropriate, all of the following information:

(1)    A description of the property sold to each purchaser.

(2)    The name of the purchaser.

(3)    The sale price.

(4)    The terms and conditions of the sale and the security, if
any, taken.

(5)    Any amounts payable to lienholders.

(6)    A statement as to contractual or other arrangements or
conditions as to agents' commissions.

(7)    Any determination and recommendation as to opening and
closing public and private ways, roads, streets, and easements.

(8)    Other material facts relevant to the sale and the
confirmation proceeding.

873.720.  (a) A purchaser, the referee, or any party may move the
court to confirm or set aside the sale.

(b) The moving party shall give not less than 10 days' notice of
motion to:

(1)    The purchaser if the purchaser is not the moving party; and

(2)    All other parties who have appeared in the action.

873.730.  (a) At the hearing, the court shall examine the report and
witnesses in relation to the report.

(b)    The court may confirm the sale notwithstanding a variance
from the prescribed terms of sale if to do so will be beneficial
to the parties and will not result in substantial prejudice to
persons interested in the sale.

(c)    The court may vacate the sale and direct that a new sale be
made if it determines any of the following:

(1)    The proceedings were unfair or notice of sale was not
properly given.  If there is no finding at the hearing of
unfairness or improper notice, the sale may thereafter not be
attacked on such grounds.

(2)    The sale price is disproportionate to the value of the
property.

(3)    It appears that a new sale will yield a sum that exceeds
the sale price by at least 10 percent on the first ten
thousand dollars ($10,000) and 5 percent on the amount in
excess thereof, determined after a reasonable allowance for
the expenses of a new sale.

873.740.  (a) If at the hearing under Section 873.730 a responsible
bidder makes a written increased offer that exceeds the sale price by
at least 10 percent on the first ten thousand dollars ($10,000) and 5
percent on the amount in excess thereof, the court in its discretion
may do either of the following:

(1)    Vacate the sale and direct that a new sale be made.

(2)    Vacate the sale, accept the increased offer, and confirm the
sale to the offerer.

(b) Except as provided in subdivision c, the amount by which an
increased offer exceeds the sale price is determined on the basis of
the gross amount of the increased offer including any commission on
the increased offer to which an agent may be entitled.

(c)    Where in advance of sale the court has so ordered or the
parties have so agreed, if an increased offer is made by a party
to the action who is not represented by an agent, the amount by
which an increased offer of a nonparty exceeds the sale price is
determined on the basis of the net amount of the increased offer
excluding any commission on the increased offer to which an agent
may be entitled.

873.745.  The amount of agents' commissions on the sale, if any, shall
be fixed by the court and divided or limited in the manner provided
for private sales of real property in decedents' estates.

873.750.  (a) Upon confirmation of a sale, the court shall order the
referee to execute a conveyance or other instrument of transfer, to
collect the proceeds, take security, and perform other acts required
to consummate the sale.

(b) The order may direct the referee concerning the distribution,
deposit, or securing of sale deposits and sale proceeds.

873.760.  If the purchaser, after the confirmation of the sale, fails
to pay the sale price, the purchaser is subject to the court's
jurisdiction and to further proceedings in the action.  Upon such
failure, a party, or the referee, may upon notice move the court to
order either of the following forms of relief:

(a)    Resale of the property upon notice as provided in this
chapter.  If any loss is occasioned thereby, the referee may
recover the amount of such loss and costs and expenses incurred,
including a reasonable attorney's fee, from the purchaser who
failed to pay.

(b)    Maintenance by the referee of an action against the
purchaser for the amount of the sale price.  If the referee
recovers judgment, the referee shall be awarded a reasonable
attorney's fee against the purchaser.

873.770.  Where the purchaser is a party or lienholder entitled
to a share of the proceeds of sale, the referee may:

(a)    Take the purchaser's receipt for so much of the proceeds of
sale as belongs to the purchaser.

(b)    Take security, or other arrangement satisfactory to the
referee, for payment of amounts which are or may become due from
the purchaser on account of the expenses of sale, general costs
of the action, and costs of the reference.

873.780.  The court may make orders relating to the closing of a
sale after confirmation, including escrow and closing provisions
and, if the referee and purchaser so agree and the court upon
noticed motion determines it will not result in substantial
prejudice to the parties, may make adjustments varying the terms
of sale based on after-discovered defects.

873.790.  (a) Upon fulfillment of the terms of sale, the referee shall
execute a conveyance or other instrument of transfer to the purchaser.

(b)    The conveyance or transfer of real property and the order
authorizing such conveyance or transfer shall be recorded in each
county in which the property is located.

873.810.  The court shall order the proceeds of sale and any security
therefor to be paid, transferred, deposited in court, placed in trust, or
invested in State of California or United States government
obligations or interest-bearing accounts in an institution whose
accounts are insured by an agency of the federal government, to
or for the benefit of the persons in interest entitled thereto,
as may be appropriate or as specifically provided in this
article.

873.820.  The proceeds of sale for any property sold shall be
applied in the following order:

(a)    Payment of the expenses of sale.

(b)    Payment of the other costs of partition in whole or in part
or to secure any cost of partition later allowed.

(c)    Payment of any liens on the property in their order of
priority except liens which under the terms of sale are to remain
on the property.

(d)    Distribution of the residue among the parties in proportion
to their shares as determined by the court.

873.830.  Where a part only of the property is sold, a tenant for
life or years in an undivided share of the whole property may have his
estate equitably set off in any part of the property not sold by way of
complete or partial satisfaction of his share of the proceeds.

873.840.  (a) The court shall ascertain the proportion of the proceeds
of sale that will be a just and reasonable sum for the satisfaction of
the estate of a tenant for life or years and shall order such amount
distributed to him or held for his benefit.

(b) The court shall ascertain the proportional value of any vested or
contingent future right or estate in the property and shall direct
such proportion of the proceeds of sale to be distributed, secured, or
held in such a manner as to protect the rights and interests of the
parties.

(c)    Notwithstanding any other provision of this section, in the
case of an estate for life or defeasible estate with remainder
over, the court may direct that the entire proceeds of sale be
placed in trust as provided in this section upon a showing that
the establishment of such a trust is economically feasible and
will serve the best interests of the parties.  The court shall
appoint a trustee, upon security satisfactory to the court, who
under court supervision shall invest and reinvest the proceeds,
pay the income of the investments, if any, to the life tenant or
owner of the defeasible interest, and upon termination of the
life or defeasible estate, deliver or pay the corpus of the trust
estate to the remainderman.  The court shall retain jurisdiction
over the settlement of the accounts of the trustee and in all
matters necessary for the proper administration of the trust and
the final distribution of the trust fund.

873.850.  When the proceeds of the sale belonging to persons who are
parties to the action, whether known or unknown, have not been
allocated among such parties, the action may be continued as between
such parties, for the determination of their respective claims
thereto, which must be ascertained and adjudged by the court.  Further
testimony may be taken in court, or by a referee, at the discretion of
the court, and the court may, if necessary, require such parties to
present the facts or law in controversy, by pleadings, as in an
original action.

873.910.  When the interests of all parties are
undisputed or have been adjudicated, the parties may agree upon a
partition by appraisal pursuant to this chapter.

873.920.  The agreement shall be in writing filed with the clerk of
court and shall include:

(a)    A description of the property.

(b)    The names of the parties and their interests.

(c)    The names of the parties who are willing to acquire the
interests.

(d)    The name or names of a person or persons to whose
appointment as referee or referees the parties consent.

(e)    The date or dates as of which the interests to be acquired
are to be appraised.

(f)    Other terms mutually agreed upon which may include, but are
not limited to, provisions relating to abandonment of the action
if the appraised value of the interest to be acquired exceeds a
stated amount, required deposits on account of purchase price,
terms of any credit, title and objections to title, and payment
of the expenses of the procedure authorized by this chapter and
of costs of the action.

873.930.  (a) Any party to the agreement may, upon noticed motion,
apply to the court for approval of the agreement.

(b) If the court determines that the agreement complies with Section 873.920
and that the terms and conditions are equitable, it shall
approve the agreement and stay any pending division or sale of the
property.

873.940.  The court shall appoint one referee or, if provided in the
agreement, three referees to appraise the property and the interests
involved. The referee shall report the valuations and other findings
to the court in writing filed with the clerk.

873.950.  Any party to the agreement or the referee, upon 10 days'
notice to the referee if the referee is not the moving party and to the other
parties to the agreement, may move the court to confirm, modify, or set aside
the report.

873.960.  At the hearing, the court shall examine the report
and witnesses.  If the court determines that the proceedings have been
regularly conducted, that transfer of title to the interests may
regularly be made, and that no facts appear which would make such
transfer inequitable, it shall confirm the report and order the
interests transferred to the acquiring parties in proportion to their
respective interests, or in such other proportion as is set out in the
agreement.  The order shall be conditioned upon payment of the amounts
fixed as the purchase price and any other amounts required by the
agreement, the giving of any required security, and payment by the
parties of the expenses of the procedure authorized by this chapter
and of the general costs of the partition or an appropriate share
thereof.  Thereafter the court, upon motion of a party to the
agreement or of the referee, made upon not less than 10 days' notice
to the parties who have appeared, shall determine whether the
conditions have been fulfilled and, if so, shall enter judgment
confirming the transfer; otherwise, upon such further proceedings as
may be ordered, the action or proceeding shall be ordered terminated.

873.970.  The agreement binds the heirs, executors, administrators,
successors, and assigns of the parties.  In the event of default, the
aggrieved parties may specifically enforce the agreement by further
proceedings in the action or may pursue any other remedy they may have
at law or in equity.

873.980.  The provisions of this chapter are
cumulative and if, for default or other cause, interests are not
transferred and acquired pursuant to this chapter, the parties may
pursue their other rights of partition, subject to Section 873.970.

874.010.    The costs of partition include:

(a)    Reasonable attorney's fees incurred or paid by a party for
the common benefit.

(b)    The fee and expenses of the referee.

(c)    The compensation provided by contract for services of a
surveyor or other person employed by the referee in the action.

(d)    The reasonable costs of a title report procured pursuant to
Section 872.220 with interest thereon at the legal rate from the
time of payment or, if paid before commencement of the action,
from the time of commencement of the action.

(e)    Other disbursements or expenses determined by the court to
have been incurred or paid for the common benefit.

874.020.  The costs of partition include reasonable expenses, including
attorney's fees, necessarily incurred by a party for the common
benefit in prosecuting or defending other actions or other
proceedings for the protection, confirmation, or perfection of
title, setting the boundaries, or making a survey of the
property, with interest thereon at the legal rate from the time
of making the expenditures.

874.030.  Where disbursements have been made by a party under the
direction of the court, interest at the legal rate shall be allowed
thereon from the time of making such disbursements.

874.040.  Except as otherwise provided in this article, the court shall
apportion the costs of partition among the parties in proportion to their
interests or make such other apportionment as may be equitable.

874.050.  (a) The court may order that the share of the costs
apportioned to a future interest be paid by other parties to the
action or by the persons who are then the presumptive owners of the
future interest.

(b) Where the court orders payment pursuant to this section, such
payment is subject to a right of reimbursement, with interest at the
legal rate, secured by a charge upon the future interest.

874.110.  (a) The costs of partition as apportioned by the court may
be ordered paid in whole or in part prior to judgment.

(b) Any costs that remain unpaid shall be included and specified in
the judgment.

874.120.  (a) The costs shall be a lien on the share of the party
specified.

(b) A lien imposed by this section has priority over any other lien on
the share except those imposed under this section.

874.130.  Upon application of a person entitled to a lien imposed under
this article and upon a showing of good cause, the court may order a sale
of all or a portion of the property before or after judgment for the benefit of
all such lien claimants without priority among them.

874.140.  A judgment for unpaid costs of partition may be enforced by
the person entitled to the costs in the manner provided for
enforcement of money judgments generally against the share of the
party specified in the judgment or against other property of the
party.

874.210.  The judgment in the action is binding and conclusive on all
of the following:

(a)    All persons known and unknown who were parties to the action
and who have or claim any interest in the property, whether
present or future, vested or contingent, legal or beneficial,
several or undivided.

(b)    All persons not in being or not ascertainable at the time
the judgment is entered who have any remainder interest in the
property, or any part thereof, after the determination of a
particular estate therein and who by any contingency may be
entitled to a beneficial interest in the property, provided the
judge shall make appropriate provision for the protection of such
interests.

(c)    Except as provided in Section 874.225, all persons who were
not parties to the action and who have or claim any interest in
the property which was not of record at the time the lis pendens
was filed, or if none was filed, at the time the judgment was
recorded.

874.225.  Except to the extent provided in Section 1908, the judgment
does not affect a claim in the property or part thereof of any person
who was not a party to the action if any of the following conditions
is satisfied:

(a)    The claim was of record at the time the lis pendens was
filed or, if none was filed, at the time the judgment was
recorded.

(b)    The claim was actually known to the plaintiff or would have
been reasonably apparent from an inspection of the property at
the time the lis pendens was filed or, if none was filed, at the
time the judgment was entered. For the purpose of this
subdivision, a "claim in the property or part thereof" of any
person means the interest of the person in the portion of the
property or proceeds of sale thereof allocated to the plaintiff.
Nothing in this subdivision shall be construed to impair the
rights of a bona fide purchaser or encumbrancer for value dealing
with the plaintiff or the plaintiff's successors in interest.

874.240.  A conveyance or transfer pursuant to Sections 873.750
and 873.790 or Section 873.960 is binding and conclusive, in the same
manner as a judgment.

875.   (a) Where a money judgment has been rendered jointly against
two or more defendants in a tort action there shall be a right of
contribution among them as hereinafter provided.

(b)    Such right of contribution shall be administered in
accordance with the principles of equity.

(c)    Such right of contribution may be enforced only after one
tortfeasor has, by payment, discharged the joint judgment or has
paid more than his pro rata share thereof.  It shall be limited
to the excess so paid over the pro rata share of the person so
paying and in no event shall any torfeasor be compelled to make
contribution beyond his own pro rata share of the entire
judgment.

(d)    There shall be no right of contribution in favor of any
tortfeasor who has intentionally injured the injured person.

(e)    A liability insurer who by payment has discharged the
liability of a tortfeasor judgment debtor shall be subrogated to
his right of contribution.

(f)    This title shall not impair any right of indemnity under
existing law, and where one tortfeasor judgment debtor is
entitled to indemnity from another there shall be no right of
contribution between them.

(g)    This title shall not impair the right of a plaintiff to
satisfy a judgment in full as against any tortfeasor judgment
debtor.

876.   (a) The pro rata share of each tortfeasor judgment debtor
shall be determined by dividing the entire judgment equally among
all of them.

(b) Where one or more persons are held liable solely for the tort
of one of them or of another, as in the case of the liability of a
master for the tort of his servant, they shall contribute a single
pro rata share, as to which there may be indemnity between them.

877.   Where a release, dismissal with or without prejudice, or a
convenant not to sue or not to enforce judgment is given in good
faith before verdict or judgment to one or more of a number of
tortfeasors claimed to be liable for the same tort, or to one or
more other co-obligors mutually subject to contribution rights, it
shall have the following effect:

(a)    It shall not discharge any other such party from liability
unless its terms so provide, but it shall reduce the claims
against the others in the amount stipulated by the release, the
dismissal or the covenant, or in the amount of the consideration
paid for it whichever is the greater.

(b)    It shall discharge the party to whom it is given from all
liability for any contribution to any other parties.

(c)    This section shall not apply to co-obligors who have
expressly agreed in writing to an apportionment of liability for
losses or claims among themselves.

(d)    This section shall not apply to a release, dismissal with or
without prejudice, or a covenant not to sue or not to enforce
judgment given to a co-obligor on an alleged contract debt where
the contract was made prior to January 1, 1988.

877.5. (a) Where an agreement or covenant is made which provides for
a sliding scale recovery agreement between one or more, but not
all, alleged defendant tortfeasors and the plaintiff or plaintiffs:

(1)    The parties entering into any such agreement or covenant
shall promptly inform the court in which the action is pending of
the existence of the agreement or covenant and its terms and
provisions.

(2)    If the action is tried before a jury, and a defendant party
to the agreement is called as a witness at trial, the court
shall, upon motion of a party, disclose to the jury the existence
and content of the agreement or covenant, unless the court finds
that this disclosure will create substantial danger of undue
prejudice, of confusing the issues, or of misleading the jury.
The jury disclosure herein required shall be no more than
necessary to inform the jury of the possibility that the
agreement may bias the testimony of the witness.

(b) As used in this section, a "sliding scale recovery agreement"
means an agreement or covenant between a plaintiff or plaintiffs
and one or more, but not all, alleged tortfeasor defendants,
which limits the liability of the agreeing tortfeasor defendants
to an amount which is dependent upon the amount of recovery which
the plaintiff is able to recover from the nonagreeing defendant
or defendants.  This includes, but is not limited to, agreements
within the scope of Section 877, and agreements in the form of a
loan from the agreeing tortfeasor defendant or defendants to the
plaintiff or plaintiffs which is repayable in whole or in part
from the recovery against the nonagreeing tortfeasor defendant or
defendants.

(c)    No sliding scale recovery agreement is effective unless, at
least 72 hours prior to entering into the agreement, a notice of
intent to enter into an agreement has been served on all
nonsignatory alleged defendant tortfeasors.  However, upon a
showing of good cause, the court or a judge thereof may allow a
shorter time.  The failure to comply with the notice requirements
of this subdivision shall not constitute good cause to delay
commencement of trial.

877.6. (a) (1) Any party to an action wherein it is alleged that two
or more parties are joint tortfeasors or co-obligors on a contract
debt shall be entitled to a hearing on the issue of the good faith
of a settlement entered into by the plaintiff or other claimant and
one or more alleged tortfeasors or co-obligors, upon giving notice
thereof in the manner provided in subdivision (b) of Section 1005.
Upon a showing of good cause, the court may shorten the time for
giving the required notice to permit the determination of the issue
to be made before the commencement of the trial of the action, or
before the verdict or judgment if settlement is made after the
trial has commenced.

(2)    In the alternative, a settling party may give notice of
settlement to all parties and to the court, together with an
application for determination of good faith settlement and a
proposed order.  The application shall indicate the settling
parties, and the basis, terms, and amount of the settlement.  The
notice, application, and proposed order shall be given by
certified mail, return receipt requested.  Proof of service shall
be filed with the court.  Within 25 days of the mailing of the
notice, application, and proposed order, a nonsettling party may
file a notice of motion to contest the good faith of the
settlement.  If none of the nonsettling parties files a motion
within 25 days of mailing of the notice, application, and
proposed order, the court may approve the settlement.  The notice
by a nonsettling party shall be given in the manner provided in
subdivision (b) of Section 1005.  However, this paragraph shall
not apply to settlements in which a confidentiality agreement has
been entered into regarding the case or the terms of the
settlement.

(b) The issue of the good faith of a settlement may be determined
by the court on the basis of affidavits served with the notice of
hearing, and any counteraffidavits filed in response thereto, or
the court may, in its discretion, receive other evidence at the
hearing.

(c)    A determination by the court that the settlement was made in
good faith shall bar any other joint tortfeasor or co-obligor
from any further claims against the settling tortfeasor or co-
obligor for equitable comparative contribution, or partial or
comparative indemnity, based on comparative negligence or
comparative fault.

(d)    The party asserting the lack of good faith shall have the
burden of proof on that issue.

(e)    When a determination of the good faith or lack of good faith
of a settlement is made, any party aggrieved by the determination
may petition the proper court to review the determination by writ
of mandate.  The petition for writ of mandate shall be filed
within 20 days after service of written notice of the
determination, or within such additional time not exceeding 20
days as the trial court may allow.

(1)    The court shall, within 30 days of the receipt of all
materials to be filed by the parties, determine whether or not
the court will hear the writ and notify the parties of its
determination.

(2)    If the court grants a hearing on the writ, the hearing
shall be given special precedence over all other civil matters
on the calendar of the court except those matters to which
equal or greater precedence on the calendar is granted by law.

(3)    The running of any period of time after which an action
would be subject to dismissal pursuant to Section 583 shall be
tolled during the period of review of a determination pursuant
to this subdivision.

878.   Judgment for contribution may be entered by one tortfeasor
judgment debtor against other tortfeasor judgment debtors by motion
upon notice.  Notice of such motion shall be given to all parties
in the action, including the plaintiff or plaintiffs, at least 10
days before the hearing thereon.  Such notice shall be accompanied
by an affidavit setting forth any information which the moving
party may have as to the assets of defendants available for
satisfaction of the judgment or claim for contribution.

879.   If any provision of this title or the application thereof to
any person is held invalid, such invalidity shall not affect other
provisions or applications of the title which can be given effect
without the invalid provision or application and to this end the
provisions of this title are declared to be severable.

880.   This title shall become effective as to causes of action
accruing on or after January 1, 1958.

881.   This chapter governs contribution among joint judgment debtors
other than joint tortfeasors.

882.   If two or more judgment debtors are jointly liable on a money
judgment:

(a)    A judgment debtor who has satisfied more than his or her due
proportion of the judgment, whether voluntarily or through
enforcement procedures, may compel contribution from another
judgment debtor who has satisfied less than his or her due
proportion of the judgment.

(b)    If the judgment is based upon an obligation of one judgment
debtor as surety for another and the surety satisfies the
judgment or any part thereof, whether voluntarily or through
enforcement procedures, the surety may compel repayment from the
principal.

883.   (a) A judgment debtor entitled to compel contribution or
repayment pursuant to this chapter may apply on noticed motion to
the court that entered the judgment for an order determining
liability for contribution or repayment.  The application shall be
made at any time before the judgment is satisfied in full or within 10
days thereafter.

(b)    The order determining liability for contribution or
repayment entitles the judgment debtor to the benefit of the
judgment to enforce the liability, including every remedy that
the judgment creditor has against the persons liable, to the
extent of the liability.

(c)    Nothing in this section limits any other remedy that a
judgment debtor entitled to contribution or repayment may have.

901.   A judgment or order in a civil action or proceeding may be
reviewed as prescribed in this title.  The Judicial Council shall
prescribe rules for the practice and procedure on appeal not
inconsistent with the provisions of this title.

902.   Any party aggrieved may appeal in the cases prescribed in this
title.  A party appealing is known as an appellant, and an adverse
party as a respondent.

903.   In the event of the death of any person who would, if still
alive, have a right of appeal, either the attorney of record
representing the decedent in the court in which the judgment was
rendered, or the executor or administrator of the estate of the
decedent, may file a notice of appeal therefrom within the time
within which the decedent could have filed such a notice if he had
survived.

904.   An appeal may be taken in a civil action or proceeding as
provided in Sections 904.1, 904.2, 904.3, 904.4 and 904.5.

904.1.    (a) An appeal may be taken from a superior court in the
following cases:

(1)    From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), (B) a judgment
of contempt which is made final and conclusive by Section 1222, c
a judgment on appeal from a municipal court or a justice court or
a small claims court, or (D) a judgment granting or denying a
petition for issuance of a writ of mandamus or prohibition
directed to a municipal court or a justice court or the judge or
judges thereof which relates to a matter pending in the municipal
or justice court.  However, an appellate court may, in its
discretion, review a judgment granting or denying a petition for
issuance of a writ of mandamus or prohibition, or a judgment or
order for the payment of monetary sanctions, upon petition for an
extraordinary writ.

(2)    From an order made after a judgment made appealable by
paragraph (1).

(3)    From an order granting a motion to quash service of summons
or granting a  motion to stay or dismiss the action on the ground
of inconvenient forum.

(4)    From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.

(5)    From an order discharging or refusing to discharge an
attachment or granting a right to attach order.

(6)    From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.

(7)    From an order appointing a receiver.

(8)    From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property
from a mortgage thereof, or a lien thereon, determining the right
to redeem and directing an accounting.

(9)    From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties
and directing partition to be made.

(10)   From an order made appealable by the provisions of the
Probate Code or the Family Code.

(11)   From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount
exceeds five thousand dollars ($5,000).

(12)   From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five
thousand dollars ($5,000).

(b) Sanction orders or judgments of five thousand dollars ($5,000) or
less against a party or an attorney for a party may be reviewed on an
appeal by that party after entry of final judgment in the main action,
or, at the discretion of the court of appeal, may be reviewed upon
petition for an extraordinary writ.

904.2.    An appeal may be taken from a municipal or justice court in
the following cases:

(a)    From a judgment, except (1) an interlocutory judgment, or (2) a
judgment of contempt which is made final and conclusive by
Section 1222.

(b)    From an order made after a judgment made appealable by
subdivision (a).

(c)    From an order changing or refusing to change the place of
trial.

(d)    From an order granting a motion to quash service of summons
or granting a  motion to stay or dismiss the action on the ground
of inconvenient forum.

(e)    From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.

(f)    From an order discharging or refusing to discharge an
attachment or granting a right to attach order.

(g)    From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.

(h)    From an order appointing a receiver.

(i)    From a judgment of the small claims court.

904.5.  Appeals from the small claims division of a justice or
municipal court shall be governed by the Small Claims Act 
(Chapter 5.5 (commencing with Section 116.110) of Title 1
of Part 1).

906.   Upon an appeal pursuant to Section 904.1 or 904.2, the
reviewing court may review the verdict or decision and any
intermediate ruling, proceeding, order or decision which involves
the merits or necessarily affects the judgment or order appealed
from or which substantially affects the rights of a party,
including, on any appeal from the judgment, any order on motion for
a new trial, and may affirm, reverse or modify any judgment or
order appealed from and may direct the proper judgment or order to
be entered, and may, if necessary or proper, direct a new trial or
further proceedings to be had.  The respondent, or party in whose
favor the judgment was given, may, without appealing from such
judgment, request the reviewing court to and it may review any of
the foregoing matters for the purpose of determining whether or not
the appellant was prejudiced by the error or errors upon which he
relies for reversal or modification of the judgment from which the
appeal is taken.  The provisions of this section do not authorize
the reviewing court to review any decision or order from which an
appeal might have been taken.

907.   When it appears to the reviewing court that the appeal was
frivolous or taken solely for delay, it may add to the costs on
appeal such damages as may be just.

908.   When the judgment or order is reversed or modified, the
reviewing court may direct that the parties be returned so far as
possible to the positions they occupied before the enforcement of
or execution on the judgment or order.  In doing so, the reviewing
court may order restitution on reasonable terms and conditions of
all property and rights lost by the erroneous judgment or order, so
far as such restitution is consistent with rights of third parties
and may direct the entry of a money judgment sufficient to
compensate for property or rights not restored.  The reviewing
court may take evidence and make findings concerning such matters
or may, by order, refer such matters to the trial court for
determination.

909.   In all cases where trial by jury is not a matter of right or
where trial by jury has been waived, the reviewing court may make
factual determinations contrary to or in addition to those made by
the trial court.  The factual determinations may be based on the
evidence adduced before the trial court either with or without the
taking of evidence by the reviewing court.  The reviewing court may
for the purpose of making the factual determinations or for any
other purpose in the interests of justice, take additional evidence
of or concerning facts occurring at any time prior to the decision
of the appeal, and may give or direct the entry of any judgment or
order and may make any further or other order as the case may
require.  This section shall be liberally construed to the end
among others that, where feasible, causes may be finally disposed
of by a single appeal and without further proceedings in the trial
court except where in the interests of justice a new trial is
required on some or all of the issues.

911.   A court of appeal may order any case on appeal within the
original jurisdiction of the municipal and justice courts in its
district transferred to it for hearing and decision as provided by
rules of the Judicial Council when the superior court certifies, or
the court of appeal determines, that such transfer appears
necessary to secure uniformity of decision or to settle important
questions of law.

No case in which there is a right on appeal to a trial anew in the
superior court shall be transferred pursuant to this section before
a decision in such case becomes final therein.

A court to which any case is transferred pursuant to this section
shall have similar power to review any matter and make orders and
judgments as the superior court would have in such case, except
that if the case was tried anew in the superior court, the
reviewing court shall have similar power to review any matter and
make orders and judgments as it has in a case within the original
jurisdiction of the superior court.

912.   Upon final determination of an appeal by the reviewing court,
the clerk of the court shall remit to the trial court a certified
copy of the judgment or order of the reviewing court and of its
opinion, if any.  The clerk of the trial court, or the judge, if
there be no clerk, shall file such certified copy of the judgment
and opinion of the reviewing court, shall attach the same to the
judgment roll if the appeal was from a judgment, and shall enter a
note of the judgment of the reviewing court stating whether the
judgment or order appealed from has been affirmed, reversed or
modified, in the margin of the original entry of such judgment or
order, and also in the register of actions or docket.

913.   The dismissal of an appeal shall be with prejudice to the
right to file another appeal within the time permitted, unless the
dismissal is expressly made without prejudice to another appeal.

914.   When the right to a phonographic report has not been waived
and when it shall be impossible to have a phonographic report of
the trial transcribed by a stenographic reporter as provided by law
or by rule, because of the death or disability of a reporter who
participated as a stenographic reporter at the trial or because of
the loss or destruction, in whole or in substantial part, of the
notes of such reporter, the trial court or a judge thereof, or the
reviewing court shall have power to set aside and vacate the
judgment, order or decree from which an appeal has been taken or is
to be taken and to order a new trial of the action or proceeding.

916.   (a) Except as provided in Sections 917.1 to 917.9, inclusive,
and in Section 116.810, the perfecting of an appeal stays
proceedings in the trial court upon the judgment or order appealed
from or upon the matters embraced therein or affected thereby,
including enforcement of the judgment or order, but the trial court
may proceed upon any other matter embraced in the action and not
affected by the judgment or order.

(b) When there is a stay of proceedings other than the enforcement
of the judgment, the trial court shall have jurisdiction of
proceedings related to the enforcement of the judgment as well as
any other matter embraced in the action and not affected by the
judgment or order appealed from.

917.1. (a) Unless an undertaking is given, the perfecting of an
appeal shall not stay enforcement of the judgment or order in the
trial court if the judgment or order is for any of the following:

(1)    Money or the payment of money, whether consisting of a
special fund or not, and whether payable by the appellant or
another party to the action.

(2)    Costs awarded pursuant to Section 998 which otherwise
would not have been awarded as costs pursuant to Section 1033.5.

(3)    Costs awarded pursuant to Section 1141.21 which otherwise
would not have been awarded as costs pursuant to Section 1033.5.

(b)    The undertaking shall be on condition that if the
judgment or order or any part of it is affirmed or the
appeal is withdrawn or dismissed, the party ordered to pay
shall pay the amount of the judgment or order, or the part
of it as to which the judgment or order is affirmed, as
entered after the receipt of the remittitur, together with
any interest which may have accrued pending the appeal and
entry of the remittitur, and costs which may be awarded
against the appellant on appeal.

This section shall not apply in cases where the money to be
paid is in the actual or constructive custody of the court; and
such cases shall be governed, instead, by the provisions of
Section 917.2. The undertaking shall be for double the amount of the
judgment or order unless given by  an admitted surety
insurer in which event it shall be for one and
one-half times the amount of the judgment
or order.  The liability on the undertaking may be enforced if the
party ordered to pay does not make the payment within 30 days after
the filing of the remittitur from the reviewing court.

(c)    If a surety on the undertaking pays the judgment, either
with or without action, after the judgment is affirmed, the
surety is substituted to the rights of the creditor and is
entitled to control, enforce, and satisfy the judgment, in all
respects as if the surety had recovered the judgment.

(d)    Costs awarded by the trial court under Chapter 6 (commencing
with Section 1021) of Title 14 shall be included in
the amount of the judgment or order for the purpose of applying
paragraph (1) of subdivision (a) and subdivision (b).  However,
no undertaking shall be required pursuant to this section solely
for costs awarded under Chapter 6 (commencing with Section 1021)
of Title 14.

917.15.  The perfecting of an appeal shall not stay enforcement of the
judgment or order in the trial court if the judgment or order appealed
from, or the administrative order which is the subject of the trial
court proceeding, was issued pursuant to either of the following:

(a)    Subdivision (a) of Section 25358.3 of the Health and
Safety Code and ordered a responsible party to take appropriate
removal or remedial actions in response to a release or a threatened
release of a hazardous substance.

(b)    Section 25181 of the Health and Safety Code and ordered the
party to comply with Chapter 6.5 (commencing with Section 25100)
of Division 20 of the Health and Safety Code or any rule,
regulation, permit, covenant, standard, requirement, or order
issued, adopted or executed pursuant to that Chapter 6.5.

917.2. The perfecting of an appeal shall not stay enforcement of the
judgment or order of the trial court if the judgment or order
appealed from directs the assignment or delivery of personal
property, including documents, whether by the appellant or another
party to the action, or the sale of personal property upon the
foreclosure of a mortgage, or other lien thereon, unless an
undertaking in a sum and upon conditions fixed by the trial court,
is given that the appellant or party ordered to assign or deliver
the property will obey and satisfy the order of the reviewing
court, and will not commit or suffer to be committed any damage to
the property, and that if the judgment or order appealed from is
affirmed, or the appeal is withdrawn or dismissed, the appellant
shall pay the damage suffered to such property and the value of the
use of such property for the period of the delay caused by the
appeal.  The appellant may cause the property to be placed in the
custody of an officer designated by the court to abide the order of
the reviewing court, and such fact shall be considered by the court
in fixing the amount of the undertaking. If the judgment or order
appealed from directs the sale of perishable property the trial
court may order such property to be sold and the proceeds thereof
to be deposited with the clerk of the trial court to abide the
order of the reviewing court; such fact shall be considered by the
court in fixing the amount of the undertaking.

917.3. The perfecting of an appeal shall not stay enforcement of the
judgment or order in the trial court if the judgment or order
appealed from directs the execution of one or more instruments
unless the instrument or instruments are executed and deposited in
the office of the clerk of the court where the original judgment or
order is entered to abide the order of the reviewing court.

917.4. The perfecting of an appeal shall not stay enforcement of the
judgment or order in the trial court if the judgment or order
appealed from directs the sale, conveyance or delivery of
possession of real property which is in the possession or control
of the appellant or the party ordered to sell, convey or deliver
possession of the property, unless an undertaking in a sum fixed by
the trial court is given that the appellant or party ordered to
sell, convey or deliver possession of the property will not commit
or suffer to be committed any waste thereon and that if the
judgment or order appealed from is affirmed, or the appeal is
withdrawn or dismissed, the appellant shall pay the damage suffered
by the waste and the value of the use and occupancy of the
property, or the part of it as to which the judgment or order is
affirmed, from the time of the taking of the appeal until the
delivery of the possession of the property.  If the judgment or
order directs the sale of mortgaged real property and the payment
of any deficiency, the undertaking shall also provide for the
payment of any deficiency.

917.5. The perfecting of an appeal shall not stay enforcement of the
judgment or order in the trial court if the judgment or order
appealed from appoints a receiver, unless an undertaking in a sum
fixed by the trial court is given on condition that if the judgment
or order is affirmed or the appeal is withdrawn, or dismissed, the
appellant will pay all damages which the respondent may sustain by
reason of the stay in the enforcement of the judgment.

917.6. The perfecting of an appeal shall not stay enforcement of the
judgment or order in the trial court if the judgment or order
appealed from directs the performance of two or more of the acts
specified in Sections 917.1 through 917.5, unless the appellant
complies with the requirements of each applicable section.

917.65.  The perfecting of an appeal shall not stay enforcement of
a right to attach order unless an undertaking is given.  The
undertaking shall be in the amount specified in the right to attach
order as the amount to be secured by the attachment.  The
undertaking shall be on condition that if the right to attach order
is not reversed and the plaintiff recovers judgment in the action
in which the right to attach order was issued, the appellant shall
pay the amount of the judgment, together with any interest which
may have accrued.  The liability on the undertaking may be enforced
if the judgment is not paid within 30 days after it becomes final.
If a surety on the undertaking pays the judgment, either with or
without action, the surety is substituted to the rights of the
creditor and is entitled to control, enforce, and satisfy the
judgment, in all respects as if the surety had recovered the
judgment.

917.7. The perfecting of an appeal shall not stay proceedings as to
those provisions of a judgment or order which award, change, or
otherwise affect the custody, including the right of visitation, of
a minor child in any civil action, in an action filed under the
Juvenile Court Law, or in a special proceeding, or the provisions
of a judgment or order for the temporary exclusion of a party from
a dwelling, as provided in the Family Code.  However, the trial
court may in its discretion stay execution of these provisions
pending review on appeal or for any other period or periods that it
may deem appropriate.  Further, in the absence of a writ or order
of a reviewing court providing otherwise, the provisions of the
judgment or order allowing, or eliminating restrictions against,
removal of the minor child from the state are stayed by operation
of law for a period of 30 days from the entry of the judgment or
order and are subject to any further stays ordered by the trial
court, as herein provided.

917.8. The perfecting of an appeal shall not stay proceedings, in the
absence of an order of the trial court providing otherwise or of a
writ of supersedeas, where a party to the proceeding has been
adjudged guilty of usurping, or intruding into, or unlawfully
holding a public office, civil or military within this state, or
where the judgment or order directs a corporation or its officers
or agents, or any of them, to give to a person adjudged to be a
director, stockholder or member of such corporation a reasonable
opportunity to inspect or make copies of such books, papers or
documents of the corporation as the trial court finds that such
director, stockholder or member is entitled by law to inspect or
copy, or where the judgment or order adjudges a building or place
to be a nuisance, and as part of such judgment or order directs the
closing or discontinuance of any specific use of the building or
place for any period of time.

917.9. (a) The perfecting of an appeal shall not stay enforcement of
the judgment or order in cases not provided for in Sections 917.1
to 917.8, inclusive, if the trial court, in its discretion,
requires an undertaking and the undertaking is not given, in any of
the following cases:

(1)    Appellant was found to possess money or other property
belonging to respondent.

(2)    Appellant is required to perform an act for respondent's
benefit pursuant to judgment or order under appeal.

(3)    The judgment against appellant is solely for costs awarded
to the respondent by the trial court pursuant to Chapter 6 (commencing
with Section 1021) of Title 14.

(b)    The undertaking shall be in the sum fixed by the court
and be in an amount sufficient to cover all damages which the
respondent may sustain by reason of the stay in the
enforcement of the judgment or order.

(c)    The undertaking shall be in the sum fixed by the court;
it shall be conditioned upon the performance of the judgment
or order appealed from or payment of the sums required by the
judgment or order appealed from, if the judgment or order is
affirmed or the appeal is withdrawn or dismissed, and it shall
provide that if the judgment or order appealed from or any
part of it is affirmed, or the appeal is withdrawn or
dismissed, the appellant will pay all damages which the
respondent may sustain by reason of the stay in the
enforcement of the judgment.

(d)    For the purpose of this section, "damages" means either
of the following:

(1)    Reasonable compensation for the loss of use of the
money or property.

(2)    Payment of the amounts specified in paragraph (3) of
subdivision (a).

918.   (a) Subject to subdivision (b), the trial court may stay the
enforcement of any judgment or order.

(b)    If the enforcement of the judgment or order would be stayed
on appeal only by the giving of an undertaking, a trial court
shall not have power, without the consent of the adverse party,
to stay the enforcement thereof pursuant to this section for a
period which extends for more than 10 days beyond the last date
on which a notice of appeal could be filed.

(c)    This section applies whether or not an appeal will be taken
from the judgment or order and whether or not a notice of appeal
has been filed.

918.5.  (a) The trial court may, in its discretion, stay the
enforcement of a  judgment or order if the judgment debtor has
another action pending on a disputed claim against the judgment
creditor.

(b) In exercising its discretion under this section, the court
shall consider all of the following:

(1)    The likelihood of the judgment debtor prevailing in the
other action.

(2)    The amount of the judgment of the judgment creditor as
compared to the amount of the probable recovery of the judgment
debtor in the action on the disputed claim.

(3)    The financial ability of the judgment creditor to satisfy
the judgment if a judgment is rendered against the judgment
creditor in the action on the disputed claim.

919.   The trial court may, in its discretion, dispense with or limit
the security required by any section in this chapter, when the
appellant is an executor, administrator, trustee, guardian,
conservator or other person acting in another's right.

921.   An appeal by a party who has levied an attachment shall not
continue in force the attachment, unless an undertaking is executed
and filed on the part of the appellant that the appellant will pay
all costs and damages which the respondent may sustain by reason of
the attachment, in case the order of the court below is sustained
in favor of the respondent; and unless, within five days after
written notice of the entry of the order appealed from, the appeal
is perfected.  The amount of the undertaking on appeal required by
this section shall be such amount as is fixed by the trial court on
motion of the respondent as provided in Section 489.410 and if no
such order has been made, the undertaking shall be in double the
amount of the debt claimed by the appellant.  If the respondent is
not satisfied with the undertaking in double the amount of the debt
or the amount fixed by order under Section 489.410, the trial court
upon motion of the respondent made within 60 days after perfecting
the appeal may order an increase in the amount of the undertaking
in such amount as is justified by the detriment reasonably to be
anticipated by continuing the attachment.  If such an order is
made, the attachment shall be discharged and the property released
therefrom, unless the undertaking is executed and filed within 10
days after the order is made.

922.   If an undertaking required or permitted by this title is
objected to by the respondent and the court determines the
undertaking is insufficient and a sufficient undertaking is not
given within the time provided by statute, enforcement of the
judgment or order appealed from is no longer stayed and property
which has been levied upon under execution issued upon such
judgment shall not be released from levy.

923.   The provisions of this chapter shall not limit the power of a
reviewing court or of a judge thereof to stay proceedings during
the pendency of an appeal or to issue a writ of supersedeas or to
suspend or modify an injunction during the pendency of an appeal or
to make any order appropriate to preserve the status quo, the
effectiveness of the judgment subsequently to be entered, or
otherwise in aid of its jurisdiction.

936.1. An appeal from any judgment or order in any civil commitment
or other proceeding wherein the appellant would be entitled to
the appointment of counsel on appeal if indigent shall be
initiated by the filing of a notice of appeal in conformity with
the requirements of Section 1240.1 of the Penal Code.

989.   When a judgment is recovered against one or more of
several persons, jointly indebted upon an obligation, by
proceeding as provided in Section 410.70, those who were not
originally served with the summons, and did not appear in the
action, may be summoned to appear before the court in which
such judgment is entered to show cause why they should not be
bound by the judgment, in the same manner as though they had
been originally served with the summons.

990.   The summons specified in Section 989 shall be issued by
the clerk, or by the judge if there be no clerk, upon
presentation of the affidavit specified in Section 991, and
must describe the judgment, and require the person summoned to
show cause why he should not be bound by it, and must be
served in the same manner, and returnable no later than ninety (90)
days after the time specified for the return of the
original summons.

It is not necessary to file a new complaint.

991.   The summons must be accompanied by an affidavit of the
plaintiff, his agent, representative, or attorney, that the
judgment, or some part thereof, remains unsatisfied, and must
specify the amount due thereon.

992.   Upon such summons, the defendant may answer within the
time specified therein, denying the judgment, or setting up
any defense which may have arisen subsequently; or he may deny
his liability on the obligation upon which the judgment was
recovered, by reason of any defense existing at the
commencement of the action.

993.   If the defendant, in his answer, denies the judgment, or
sets up any defense which may have arisen subsequently, the
summons, with the affidavit annexed, and the answer,
constitute the written allegations in the case; if he denies
his liability on the obligation upon which the judgment was
recovered, a copy of the original complaint and judgment, the
summons, with the affidavit annexed, and the answer,
constitute such written allegations, subject to the right of
the parties to amend their pleadings as in other cases.

994.   The issues formed may be tried as in other cases; but
when the defendant denies, in his answer, any liability on the
obligation upon which the judgment was rendered, if a verdict
be found against him, it must be for not exceeding the amount
remaining unsatisfied on such original judgment, with interest
thereon.

995.010.    This chapter shall be known and may be cited as
the Bond and Undertaking Law.

995.020.  (a) The provisions of this chapter apply to a bond
or undertaking executed, filed, posted, furnished, or
otherwise given as security pursuant to any statute of this
state, except to the extent the statute prescribes a
different rule or is inconsistent.

(b) The provisions of this chapter apply to a bond or
undertaking given at any of the following times:

(1)    On or after January 1, 1983.

(2)    Before January 1, 1983, to the extent another surety
is substituted for the original surety on or after
January 1, 1983, or to the extent the principal gives a
new, additional, or supplemental bond or undertaking on
or after January 1, 1983.

Except to the extent provided in this section, the law governing a
bond or undertaking given before January 1, 1983, is the law
applicable to the bond or undertaking immediately before
January 1, 1983, pursuant to Section 414 of Chapter 517 of the
Statutes of 1982.

(c)    The provisions of this chapter do not apply to a bail bond
or an undertaking of bail.

995.030.  If service of a notice, paper, or other document is required
under this chapter, service shall be made in the same manner as
service of process in civil actions generally.

995.040.  An affidavit made under this chapter shall
conform to the standards prescribed for
an affidavit made pursuant to Section 437c.

995.050.  The times provided in this chapter, or in any other statute
relating to a bond given in an action or proceeding, may be extended
pursuant to Sections 1054 and 1054.1.

995.110.  Unless the provision or context otherwise
requires, the definitions in this article govern
the construction of this chapter.

995.120.  (a) "Admitted surety insurer" means a corporate insurer or a
reciprocal or interinsurance exchange to which the Insurance
Commissioner has issued a certificate of authority to transact surety
insurance in this state, as defined in Section 105 of the Insurance
Code.

(b) For the purpose of application of this chapter to a bond given
pursuant to any statute of this state, the phrases "admitted surety
insurer," "authorized surety company," "bonding company," "corporate
surety," and comparable phrases used in the statute mean "admitted
surety insurer" as defined in this section.

995.130.  (a) "Beneficiary" means the person for whose benefit a bond
is given, whether executed to, in favor of, in the name of, or payable
to the person as an obligee.

(b) If a bond is given for the benefit of the State of California or
the people of the state, "beneficiary" means the court, officer, or
other person required to determine the sufficiency of the sureties or
to approve the bond.

(c)    For the purpose of application of this chapter to a bond
given pursuant to any statute of this state, the terms
"beneficiary," "obligee," and comparable terms used in the
statute mean "beneficiary" as defined in this section.

995.140.  (a) "Bond" includes both of the following:

(1)    A surety, indemnity, fiduciary, or like bond executed by
both the principal and sureties.

(2)    A surety, indemnity, fiduciary, or like undertaking executed
by the sureties alone.

(b) A bond provided for or given "in an action or proceeding" does not
include a bond provided for, or given as, a condition of a license or
permit.

995.150.  "Court" means, if a bond is given in an action or
proceeding, the court in which the action or proceeding is pending.

995.160.  "Officer" means the sheriff, marshal, constable, clerk of
court, judge or magistrate (if there is no clerk), board, commission,
department, or other public official or entity to whom the bond is
given or with whom a copy of the bond is filed or who is required to
determine the sufficiency of the sureties or to approve the bond.

995.170.  (a) "Principal" means the person who gives a bond.

(b) For the purpose of application of this chapter to a bond given
pursuant to any statute of this state, the terms "obligor,"
"principal," and comparable terms used in the statute mean "principal"
as defined in this section.

995.180.  "Statute" includes administrative regulation promulgated
pursuant to statute.

995.185.  (a) "Surety" has the meaning provided in Section 2787 of the
Civil Code and includes personal surety and admitted surety insurer.

(b) For the purpose of application of this chapter to a bond given
pursuant to any statute of this state, the terms "bail," "guarantor,"
"bondsman," "surety," and comparable terms used in the statute mean
"surety" as defined in this section.

995.190.  "Undertaking" means a surety, indemnity, fiduciary, or like
undertaking executed by the sureties alone.

995.210.  Unless the provision or context otherwise requires:

(a)    If a statute provides for a bond, an undertaking that
otherwise satisfies the requirements for the bond may be given in
its place with the same effect as if a bond were given, and
references in the statute to the bond shall be deemed to be
references to the undertaking.

(b)    If a statute provides for an undertaking, a bond that
otherwise satisfies the requirements for the undertaking may be
given in its place with the same effect as if an undertaking were
given, and references in the statute to the undertaking shall be
deemed to be references to the bond.

995.220.  Notwithstanding any other statute, if a statute
provides for a bond in an action
or proceeding, including but not limited to a bond for issuance
of a restraining order or injunction, appointment of a receiver,
or stay of enforcement of a judgment on appeal, the following
public entities and officers are not required to give the bond
and shall have the same rights, remedies, and benefits as if the
bond were given:

(a)    The State of California or the people of the state, a
state agency, department, division, commission, board, or
other entity of the state, or a state officer in an official
capacity or on behalf of the state.

(b)    A county, city, or district, or public authority, public
agency, or other political subdivision in the state, or an
officer of the local public entity in an official capacity or
on behalf of the local public entity.

(c)    The United States or an instrumentality or agency of the
United States, or a federal officer in an official capacity or on
behalf of the United States or instrumentality or agency.

995.230.  The beneficiary of a bond given in an action or proceeding
may in writing consent to the bond in an amount less than the amount
required by statute or may waive the bond.

995.240.  The court may, in its discretion, waive a provision for a bond in
an action or proceeding and make such orders as may be appropriate as
if the bond were given, if the court determines that the principal is unable to
give the bond because the principal is indigent and is unable to
obtain  sufficient sureties, whether personal or admitted surety
insurers.  In exercising its discretion the court shall take into
consideration all factors it deems relevant, including but not limited
to the character of the action or proceeding, the nature of the
beneficiary, whether public or private, and the potential harm to the
beneficiary if the provision for the bond is waived.

995.250.  If a statute allows costs to a party in an action or
proceeding, the costs shall include all of the following:

(a)    The premium on a bond reasonably paid by the party pursuant
to a statute that provides for the bond in the action or
proceeding.

(b)    The premium on a bond reasonably paid by the party in
connection with the action or proceeding, unless the court
determines that the bond was unnecessary.

995.260.  If a bond is recorded pursuant to statute, a certified copy
of the record of the bond with all affidavits, acknowledgments,
endorsements, and attachments may be admitted in evidence in an action or
proceeding with the same effect as the original, without further
proof.

995.310.  Unless the statute providing for the bond requires execution
by an admitted surety insurer, a bond shall be executed by two or more
sufficient personal sureties or by one sufficient admitted surety
insurer or by any combination of sufficient personal sureties and
admitted surety insurers.

995.320.  (a) A bond shall be in writing
signed by the sureties under oath and shall include all of the
following:

(1)    A statement that the sureties are jointly and severally
liable on the obligations of the statute providing for the bond.

(2)    The address at which the principal and sureties may be
served with notices, papers, and other documents under this
chapter.

(3)    If the amount of the bond is based upon the value of
property or an interest in property, a description of the
property or interest, and the principal's estimate of the value
of the property or interest, or if given pursuant to the estimate
of the beneficiary or court, the value as so estimated.

(b)    The sureties signing the bond are jointly and severally
liable on the obligations of the bond, the provisions of this
chapter, and the statute providing for the bond.

995.330.  A bond or undertaking given in an action or
proceeding may be in the following form:

"(Title of court.  Title of cause.)
Whereas the ... desires to give (a bond) (an undertaking) for (state
what) as provided by (state sections of code requiring bond or
undertaking); now, therefore, the undersigned (principal and)
(sureties) (surety) hereby (obligate ourselves, jointly and severally)
(obligates itself) to (name who) under the statutory obligations, in
the amount of ... dollars."

995.340.  If a bond is given in an action or proceeding:

(a)    The bond shall be filed with the court unless the statute
providing for the bond requires that the bond be given to another
person.

(b)    If the statute providing for the bond requires that the bond
be given to an officer, the officer shall file the bond with the
court unless the statute providing for the bond otherwise
provides.

(c)    A bond filed with the court shall be preserved in the office
of the clerk of the court.

995.350.  (a) Upon the filing of a bond with the court in an action or
proceeding, the clerk shall enter in the register of actions the
following information:

(1)    The date and amount of the bond.

(2)    The names of the sureties on the bond.

(b) In the event of the loss of the bond, the entries in the register
of actions are prima facie evidence of the giving of the bond in the
manner required by statute.

995.360.  A bond given in an action or
proceeding may be withdrawn from the file and returned to the
principal on order of the court only if one of the following
conditions is satisfied:

(a)    The beneficiary so stipulates.

(b)    The bond is no longer in force and effect and the time
during which the liability on the bond may be enforced has
expired.

995.370.  At the time a bond is given, the principal shall serve a
copy of the bond on the beneficiary.  An affidavit of service shall be
given and filed with the bond.

995.380.  (a) If a bond does not contain the substantial
matter or conditions required by this chapter
or by the statute providing for the bond, or if there are any defects
in the giving or filing of the bond, the bond is not void so as to
release the principal and sureties from liability.

(b)    The beneficiary may, in proceedings to enforce the liability
on the bond, suggest the defect in the bond, or its giving or
filing, and enforce the liability against the principal and the
persons who intended to become and were included as sureties on
the bond.

995.410.  (a) A bond becomes effective without approval unless
the statute providing for the bond requires that the bond be
approved by the court or officer.

(b)    If the statute providing for a bond requires that the bond
be approved, the court or officer may approve or disapprove the
bond on the basis of the affidavit or certificate of the sureties
or may require the attendance of witnesses and the production of
evidence and may examine the sureties under oath touching their
qualifications.

(c)    Nothing shall be construed to preclude approval of a bond in
an amount greater than that required by statute.

995.420.  (a) Unless the statute providing for a bond provides that
the bond becomes effective at a different time, a bond is effective at the
time it is given or, if the statute requires that the bond be
approved, at the time it is approved.

(b) If the statute providing for a bond provides that the bond
becomes effective at a time other than the time it is given or
approved, the bond is effective at the time provided unless an
objection is made to the bond before that time.  If an objection
is made to a bond before the time provided, the bond becomes
effective when the court makes an order determining the
sufficiency of the bond.

995.430.  A bond remains in force and effect until the earliest of the
following events:

(a)    The sureties withdraw from or cancel the bond or a new bond
is given in place of the original bond.

(b)    The purpose for which the bond was given is satisfied or the
purpose is abandoned without any liability having been incurred.

(c)    A judgment of liability on the bond that exhausts the amount
of the bond is satisfied.

(d)    The term of the bond expires.  Unless the statute providing
for the bond prescribes a fixed term, the bond is continuous.

995.440.  A bond given as a condition of a license or permit shall be
continuous in form, remain in full force and effect, and run
concurrently with the license or permit period and any and all
renewals, or until cancellation or withdrawal of the surety from the
bond.

995.510.  (a) A personal surety on a bond is sufficient if all of the
following conditions are satisfied:

(1)    The surety is a person other than the principal.  No officer
of the court or member of the State Bar shall act as a surety.

(2)    The surety is a resident, and either an owner of real
property or householder, within the state.

(3)    The surety is worth the amount of the bond in real or
personal property, or both, situated in this state, over and
above all debts and liabilities, exclusive of property exempt
from enforcement of a money judgment.

(b) If the amount of a bond exceeds ten thousand dollars ($10,000) and
is executed by more than two personal sureties, the worth of a
personal surety may be less than the amount of the bond, so long as
the aggregate worth of all sureties executing the bond is twice the
amount of the bond.

995.520.  (a) A bond executed by personal sureties shall be
accompanied by an affidavit of qualifications of each surety.

(b) The affidavit shall contain all of the following information:

(1)    The name, occupation, residence address, and business
address (if any) of the surety.

(2)    A statement that the surety is a resident, and either an
owner of real property or householder, within the state.

(3)    A statement that the surety is worth the amount of the bond
in real or personal property, or both, situated in this state,
over and above all debts and liabilities, exclusive of property
exempt from enforcement of a money judgment.

(c)    If the amount of the bond exceeds five thousand dollars ($5,000),
the affidavit shall contain, in  addition to the information
required by subdivision (b), all of the following information:

(1)    A description sufficient for identification of real and
personal property of the surety situated in this state and the
nature of the surety's interest therein that qualifies the surety
on the bond.

(2)    The surety's best estimate of the fair market value of each
item of property.

(3)    A statement of any charge or lien and its amount, known to
the surety, whether of public record or not, against any item of
property.

(4)    Any other impediment or cloud known to the surety on the
free right of possession, use, benefit, or enjoyment of the
property.

(d)    If the amount of the bond exceeds ten thousand dollars ($10,000)
and is executed by more than two sureties, the affidavit may
state that the surety is worth less than the amount of the bond and
the bond may stipulate that the liability of the surety is limited to
the worth of the surety stated in the affidavit, so long as the
aggregate worth of all sureties executing the bond is twice the amount
of the bond.

995.610.  (a) If a statute provides for a bond with any number of
sureties, one sufficient admitted surety insurer may become and shall
be accepted as sole surety on the bond.

(b) The admitted surety insurer is subject to all the liabilities and
entitled to all the rights of personal sureties.

995.620.  Two or more admitted surety insurers may be
sureties on a bond by executing the same or separate
bonds for amounts aggregating the required amount
of the bond.  Each admitted surety insurer is jointly and severally
liable to the extent of the amount of the liability assumed by it.

995.630.  An admitted surety insurer shall be accepted or approved by
the court or officer as surety on a bond without further
acknowledgment if the bond is executed in the name of the surety
insurer under penalty of perjury or the fact of execution of the bond
is duly acknowledged before an officer authorized to take and certify
acknowledgments, and either one of the following conditions, at the
option of the surety insurer, is satisfied:

(a)    A copy of the transcript or record of the unrevoked
appointment, power of attorney, bylaws, or other instrument, duly
certified by the proper authority and attested by the seal of the
insurer entitling or authorizing the person who executed the bond
to do so for and in behalf of the insurer, is filed in the office
of the clerk of the county in which the court or officer is
located.

(b)    A copy of a power of attorney is attached to the bond.

995.640.  The county clerk of any county shall, upon request of any
person, do any of the following:

(a)    Issue a certificate stating whether the certificate of
authority of an admitted surety issuer issued by the Insurance
Commissioner authorizing the insurer to transact surety
insurance, has been surrendered, revoked, canceled, annulled, or
suspended, and in the event that it has, whether renewed
authority has been granted.  The county clerk in issuing the
certificate shall rely solely upon the information furnished by
the Insurance Commissioner pursuant to Article 2 (commencing with
Section 12070) of Chapter 1 of Part 4 of Division 2 of the
Insurance Code.

(b)    Issue a certificate stating whether a copy of the transcript
or record of the unrevoked appointment, power of attorney,
bylaws, or other instrument, duly certified by the proper
authority and attested by the seal of an admitted surety insurer
entitling or authorizing the person who executed a bond to do so
for and in behalf of the insurer, is filed in the office  of the
clerk.

995.650.  If an objection is made to the sufficiency of an
admitted surety insurer, the person making the objection shall
attach to and incorporate in the objection one or both of the
following:

(a)    The certificate of the county clerk of the county in which
the court is located stating that the insurer has not been
certified to the county clerk by the Insurance Commissioner as an
admitted surety insurer or that the certificate of authority of
the insurer has been surrendered, revoked, canceled, annulled, or
suspended and has not been renewed.

(b)    An affidavit stating facts that establish the insufficiency
of the insurer.

995.660.  (a) Notwithstanding the provisions of any state or local
law, including, but not limited to, any ordinance, resolution, policy,
or other act, whenever an objection is made to the sufficiency of an
admitted surety insurer on a bond or if the bond is required to be
approved, the insurer shall submit to the court or officer the
following documents:

(1)    The original, or a certified copy, of the unrevoked
appointment, power of attorney, bylaws, or other instrument
entitling or authorizing the person who executed the bond to do
so.

(2)    A certified copy of the certificate of authority of the
insurer issued by the Insurance Commissioner.

(3)    A certificate from the county clerk of the county in which
the court or officer is located that the certificate of authority
of the insurer has not been surrendered, revoked, canceled,
annulled, or suspended or, in the event that it has, that renewed
authority has been granted.

(4)    A financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days
next preceding the date of the execution of the bond.  The
financial statement shall be made by an officers' certificate as
defined in Section 173 of the Corporations Code.  In the case of
a foreign insurer the financial statement may, instead of an
officers' certificate, be verified by the oath of the principal
officer or manager residing within the United States.

(b)    If the admitted surety insurer complies with subdivision

(a)    and if it appears that the bond was duly executed, that the
insurer is authorized to transact surety insurance in the state,
and that its assets exceed its liabilities in an amount equal to or
in excess of the amount of the bond, then notwithstanding the
provisions of any state or local law, including, but not limited
to, any ordinance, resolution, policy, or other act, the insurer is
sufficient and shall be accepted or approved as surety on the bond,
subject to Section 12090 of the Insurance Code.

995.670.  This section applies to a bond executed, filed, posted,
furnished, or otherwise given as security pursuant to any statute of
this state or any law or ordinance of a public agency as defined in
Section 4420 of the Government Code.

No state or local public entity shall require an admitted surety
insurer to comply with any requirements other than those in Section 995.660
whenever an objection is made to the sufficiency of the
admitted surety insurer on the bond or if the bond is required to be
approved.

995.710.  (a) Except to the extent the statute providing for a bond
precludes  a deposit in lieu of bond or limits the form of deposit,
the principal may, instead of giving a bond, deposit with the officer
any of the following:

(1)    Lawful money of the United States.  The money shall be
maintained by the officer in an interest-bearing trust account.

(2)    Bearer bonds or bearer notes of the United States or the
State of California.

(3)    Certificates of deposit payable to the officer, not
exceeding the federally insured amount, issued by banks
authorized to do business in this state and insured by the
Federal Deposit Insurance Corporation or by savings and loan
associations authorized to do business in this state and insured
by the Federal Savings and Loan Insurance Corporation.

(4)    Savings accounts assigned to the officer, not exceeding the
federally insured amount, together with evidence of the deposit
in the savings accounts with banks authorized to do business in
this state and insured by the Federal Deposit Insurance
Corporation.

(5)    Investment certificates or share accounts assigned to the
officer, not exceeding the federally insured amount, issued by
savings and loan associations authorized to do business in this
state and insured by the Federal Savings and Loan Insurance
Corporation.

(6)    Certificates for funds or share accounts assigned to the
officer, not exceeding the guaranteed amount, issued by a credit
union, as defined in Section 14002 of the Financial Code, whose
share deposits are guaranteed by the National Credit Union
Administration or guaranteed by any other agency approved by the
Department of Corporations.

(b)    The deposit shall be in an amount or have a face value,
or in the case of bearer bonds or bearer notes have a market
value, equal to or in excess of the amount that would be
required to be secured by the bond if the bond were given by
an admitted surety insurer.  Notwithstanding any other
provision of this chapter, in the case of a deposit of bearer
bonds or bearer notes other than in an action or proceeding,
the officer may, in the officer's discretion, require that the
amount of the deposit be determined not by the market value of
the bonds or notes but by a formula based on the principal
amount of the bonds or notes.

(c)    The deposit shall be accompanied by an agreement executed
by the principal authorizing the officer to collect, sell, or
otherwise apply the deposit to enforce the liability of the
principal on the deposit.  The agreement shall include the
address at which the principal may be served with notices,
papers, and other documents under this chapter.

(d)    The officer may prescribe terms and conditions to
implement this section.

995.720.  (a) The market value of bearer bonds or bearer notes shall
be agreed upon by stipulation of the principal and beneficiary or, if
the bonds or notes are given in an action or proceeding and the
principal and beneficiary are unable to agree, the market value shall
be determined by court order in the manner prescribed in this section.
A certified copy of the stipulation or court order shall be delivered
to the officer at the time of the deposit of the bonds or notes.

(b)    If the bonds or notes are given in an action or proceeding,
the principal may file a written application with the court to
determine the market value of the bonds or notes.  The
application shall be served upon the beneficiary and proof of
service shall be filed with the application.  The application
shall contain all of the following:

(1)    A specific description of the bonds or notes.

(2)    A statement of the current market value of the bonds or
notes as of the date of the filing of the application.

(3)    A statement of the amount of the bonds or notes that the
principal believes would be equal to the required amount of
the deposit.

(c)    The application pursuant to subdivision (b) shall be
heard by the court not less than five days or more than 10
days after service of the application.  If at the time of
the hearing no objection is made to the current market value
of the bonds or notes alleged in the application, the court
shall fix the amount of the bonds or notes on the basis of
the market value alleged in the application.  If the
beneficiary contends that the current market value of the
bonds or notes is less than alleged in the application, the
principal shall offer evidence in support of the
application, and the beneficiary may offer evidence in
opposition.  At the conclusion of the hearing, the court
shall make an order determining the market value of the
bonds or notes and shall fix and determine the amount of the
bonds or notes to be deposited by the principal.

995.730.  A deposit given instead of a bond has the same force and
effect, is treated the same, and is subject to the same conditions,
liability, and statutory provisions, including provisions for increase
and decrease of amount, as the bond.

995.740.  If no proceedings are pending to enforce the liability of the
principal on the deposit, the officer shall:

(a)    Pay quarterly, on demand, any interest on the deposit, when
earned in accordance with the terms of the account or
certificate, to the principal.

(b)    Deliver to the principal, on demand, any interest coupons
attached to bearer bonds or bearer notes as the interest coupons
become due and payable, or pay annually any interest payable on
the bonds or notes.

995.750.  (a) The principal shall pay the amount of the liability
on the deposit within 30 days after the date on which the
judgment of liability becomes final.

(b)    If the deposit was given to stay enforcement of a judgment
on appeal, the principal shall pay the amount of the liability on
the deposit, including damages and costs awarded against the
principal on appeal, within 30 days after the filing of the
remittitur from the appellate court in the court from which the
appeal is taken.

995.760.  (a) If the principal does not pay the amount of the
liability on the deposit within the time prescribed in Section 995.750,
the deposit shall be collected, sold, or otherwise
applied to the liability upon order of the court that entered the
judgment of liability, made upon five days' notice to the
parties.

(b)    Bearer bonds or bearer notes without a prevailing market
price shall be sold at public auction.  Notice of sale shall be
served on the principal.  Bearer bonds or bearer notes having a
prevailing market price may be sold at private sale at a price
not lower than the prevailing market price.

(c)    The deposit shall be distributed in the following order:

(1)    First, to pay the cost of collection, sale, or other
application of the deposit.

(2)    Second, to pay the judgment of liability of the principal
on the deposit.

(3)    Third, the remainder, if any, shall be returned to the
principal.

995.770.  A deposit given pursuant to this article shall be returned
to the principal at the earliest of the following times:

(a)    Upon substitution of a sufficient bond for the deposit.
The bond shall be in full force and effect for all liabilities
incurred, and for acts, omissions, or causes existing or which arose,
during the period the deposit was in effect.

(b)    The time provided by Section 995.360 for return of a bond.

(c)    The time provided by statute for return of the deposit.

995.810.  The provisions of this article apply to a bond executed to,
in favor of, in the name of, or payable to the State of California or
the people of the state, including but not limited to an official
bond.

995.820.  Except as otherwise provided by statute, a bond given by an
officer  of the court for the faithful discharge of the officer's
duties and obedience to the orders of the court shall be to the State
of California.

995.830.  If a statute or court order pursuant thereto providing for a
bond does not specify the beneficiary of the bond, the bond shall be
to the State of California.

995.840.  If a bond under this article is given in an action or proceeding:

(a)    The bond shall be approved by the court.

(b)    Any party for whose benefit the bond is given may object to
the bond.

995.850.  (a) The liability on a bond under this article may be
enforced by or for the benefit of, and in the name of, any and all
persons for whose benefit the bond is given who are damaged by breach
of the condition of the bond.

(b)    A person described in subdivision (a) may, in addition to
any other remedy the person has, enforce the liability on the
bond in the person's own name, without assignment of the bond.

995.910.  This article governs objections to a bond given in an
action or proceeding.

995.920.  The beneficiary may object to a bond on any of the
following grounds:

(a)    The sureties are insufficient.

(b)    The amount of the bond is insufficient.

(c)    The bond, from any other cause, is insufficient.

995.930.  (a) An objection shall be in writing and shall be made by
noticed motion.  The notice of motion shall specify the precise
grounds for the objection.  If a ground for the objection is that the
amount of the bond is insufficient, the notice of motion shall state
the reason for the insufficiency and shall include an estimate of the
amount that would be sufficient.

(b) The objection shall be made within 10 days after service of a copy
of the  bond on the beneficiary or such other time as is required by
the statute providing for the bond.

(c)    If no objection is made within the time required by statute,
the beneficiary is deemed to have waived all objections except
upon a showing of good cause for failure to make the objection
within the time required by statute or of changed circumstances.

995.940.  If a ground for the objection is that the value of property
or an interest in property on which the amount of the bond is based
exceeds the value estimated in the bond:

(a)    The objection shall state the beneficiary's estimate of the
market value of the property or interest in property.

(b)    The principal may accept the beneficiary's estimate of the
market value of the property or interest in property and
immediately file an increased bond based on the estimate.  In
such case, no hearing shall be held on that ground for the
objection, and the beneficiary is bound by the estimate of the
market value of the property or interest in property.

995.950. (a) Unless the parties otherwise agree, the hearing on an
objection shall be held not less than two or more than five days
after service of the notice of motion.

(b)    The hearing shall be conducted in such manner as the court
determines is proper.  The court may permit witnesses to attend
and testify and evidence to be procured and introduced in the
same manner as in the trial of a civil case.

(c)    If the value of property or an interest in property is a
ground for the objection, the court shall estimate its value.
The court may appoint one or more disinterested persons to
appraise property or an interest in property for the purpose of
estimating its value.

995.960.  (a) Upon the hearing, the court shall make an order
determining the sufficiency or insufficiency of the bond.

(b) If the court determines that the bond is insufficient:

(1)    The court shall specify in what respect the bond is
insufficient and shall order that a bond with sufficient sureties
and in a sufficient amount be given within five days.  If a
sufficient bond is not given within the time required by the
court order, all rights obtained by giving the bond immediately
cease and the court shall upon ex parte motion so order.

(2)    If a bond is in effect, the bond remains in effect until a
bond with sufficient sureties and in a sufficient amount is given
in its place, or the time in which to give the bond has expired,
whichever first occurs.  If the time in which to give a
sufficient bond expires, the original bond remains in full force
and effect for all liabilities incurred before, and for acts,
omissions, or causes existing or which arose before, expiration.

(c)    If the court determines that a bond is sufficient, no
future objection to the bond may be made except upon a showing
of changed circumstances.

996.010.    (a) If a bond is given in an action or proceeding, the
court may determine that the bond is or has from any cause become
insufficient because the sureties are insufficient or because the
amount of the bond is insufficient.

(b) The court determination shall be upon motion supported by
affidavit or upon the court's own motion.  The motion shall be
deemed to be an objection to the bond.  The motion shall be heard
and notice of motion shall be given in the same manner as an
objection to the bond.

(c)    Upon the determination the court shall order that a
sufficient new, additional, or supplemental bond be given within
a reasonable time not less than five days.  The court order is
subject to any limitations in the statute providing for the bond.

(d)    If a sufficient bond is not given within the time required
by the court order, all rights obtained by giving the original
bond immediately cease and the court shall upon ex parte motion
so order.

996.020.  (a) If a bond is given other than in an action or proceeding
and it is shown by affidavit of a credible witness or it otherwise
comes to the attention of the officer that the bond is or has from any
cause become insufficient because the sureties are insufficient or
because the amount of the bond is insufficient, the officer may serve
an order on the principal to appear and show cause why the officer
should not make a determination that the bond is insufficient.  The
order shall name a day not less than three or more than 10 days after
service.

(b) If the principal fails to appear or show good cause on the day
named why a determination that the bond is insufficient should not be
made, the officer may determine that the bond is insufficient and
order a sufficient new, additional, or supplemental bond to be given.

(c)    If a sufficient bond is not given within 10 days after the
order, the officer shall make an order vacating the rights
obtained by giving the original bond, including declaring vacant
any office and suspending or revoking any license or certificate
for which the bond was given.  Any office vacated, license
suspended or revoked, or any other rights lost, for failure to
give a new, additional, or supplemental bond, shall not be
reinstated until a new, additional, or supplemental bond is
given.

996.030.  (a) The court if a bond is given or ordered in an action or
proceeding, or the officer if a bond is given or ordered other than in
an action or proceeding, may determine that the amount of the bond is
excessive and order the amount reduced to an amount that in the
discretion of the court or officer appears proper under the
circumstances.  The order is subject to any limitations in the statute
providing for the bond.

(b) The determination shall be made upon motion or affidavit of the
principal in the same manner as a motion or affidavit for a
determination under this article that a bond is insufficient.
The notice of motion or the order to show cause made pursuant to
affidavit shall be served on the beneficiary.  The determination shall
be made in the same manner and pursuant to the same procedures as a
determination under this article that the bond is insufficient.

(c)    The principal may give a new bond for the reduced amount.
The sureties may be the same sureties as on the original bond.

996.110.  (a) A surety on a bond given in an action or proceeding may
at any time apply to the court for an order that the surety be
released from liability on the bond.

(b) The principal on a bond may, if a surety applies for release from
liability on a bond, apply to the court for an order that another
surety be substituted for the original surety.

(c)    The applicant shall serve on the principal or surety (other
than the applicant) and on the beneficiary a copy of the
application and a notice of hearing on the application.  Service shall
be made not less than 15 days before the date set for hearing.

996.120.  Upon the hearing of the application, the court shall
determine whether injury to the beneficiary would result from
substitution or release of the surety.  If the court determines that
release would not reduce the amount of the bond or the number of
sureties below the minimum required by the statute providing for the
bond, substitution of a sufficient surety is not necessary and the
court shall order the release of the surety.  If the court determines
that no injury would result from substitution of the surety, the court
shall order the substitution of a sufficient surety within such time
as appears reasonable.

996.130.  (a) If a substitute surety is given, the substitute surety
is subject to all the provisions of this chapter, including but not
limited to the provisions governing insufficient and excessive bonds.

(b) Upon the substitution of a sufficient surety, the court shall
order the release of the original surety from liability on the bond.

996.140.  If the principal does not give a sufficient substitute
surety within the time ordered by the court or such longer time as the
surety consents to, all rights obtained by giving the original bond
immediately cease and the court shall upon ex parte motion so order.

996.150.  If a surety is ordered released from liability on a bond:

(a)    The bond remains in full force and effect for all
liabilities incurred before, and for acts, omissions, or causes
existing or which arose before, the release.  Legal proceedings
may be had therefor in all respects as though there had been no
release.

(b)    The surety is not liable for any act, default, or misconduct
of the principal or other breach of the condition of the bond
that occurs after, or for any liabilities on the bond that arise
after, the release.

(c)    The release does not affect the bond as to the remaining
sureties, or alter or change their liability in any respect.

996.210.  (a) The principal shall give a new, additional, or
supplemental bond if the court or officer orders that a new,
additional, or supplemental bond be  given.

(b) The principal may give a new bond if a surety withdraws from or
cancels the original bond or to obtain the release of sureties from
liability on the original bond.

996.220.  (a) A new, additional, or supplemental bond
shall be in the same form and have the same
obligation as the original bond and shall be in all other respects the
same as the original bond, and shall be in such amount as is necessary
for the purpose for which the new, additional, or supplemental bond is
given.

(b) A supplemental bond shall, in addition to any other requirements,
recite the names of the remaining original sureties, the name of the
new surety, and the amount for which the new surety is liable.  The
supplemental bond shall be for the amount for which the original
surety was liable on the original bond.

996.230.  A new, additional, or supplemental bond is subject to all
the provisions applicable to the original bond and to the provisions
of this chapter, including but not limited to the provisions governing
giving and objecting to a bond and liabilities and enforcement
procedures.

996.240.  If a new bond is given in place of the original bond:

(a)    The original bond remains in full force and effect for all
liabilities incurred before, and for acts, omissions, or causes
existing or which arose before, the new bond became effective.

(b)    The sureties on the original bond are not liable for any
act, default, or misconduct of the principal or other breach of
the condition of the bond that occurs after or for any
liabilities on the bond that arise after, the new bond becomes
effective.

996.250.  (a) An additional or supplemental bond does not discharge or
affect the original bond.  The original bond remains in full force and
effect as if the additional or supplemental bond had not been given.

(b)    After an additional or supplemental bond is given, the
principal and sureties are liable upon either or both bonds for
injury caused by breach of any condition of the bonds.  Subject
to subdivision c, the beneficiary may enforce the liability on
either bond, or may enforce the liability separately on both
bonds and recover separate judgments of liability on both.

(c)    If the beneficiary recovers separate judgments of liability
on both bonds for the same cause of action, the beneficiary may
enforce both judgments.  The beneficiary may collect, by
execution or otherwise, the costs of both proceedings to enforce
the liability and the amount actually awarded to the beneficiary
on the same cause of action in only one of the proceedings, and
no double recovery shall be allowed.

(d)    If the sureties on either bond have been compelled to pay
any sum of money on account of the principal, they are entitled
to recover from the sureties on the remaining bond a distributive
part of the sum paid, in the proportion the amounts of the bonds
bear one to the other and to the sums paid.

996.310.  This article governs cancellation of or withdrawal
of a surety from a bond given other than in an action or proceeding.

996.320.  A surety may cancel or withdraw from a bond by giving a
notice of cancellation or withdrawal to the officer to whom the bond
was given in the same manner the bond was given, notwithstanding
Section 995.030.  The surety shall at  the same time mail or deliver a
copy of the notice of cancellation or withdrawal to the principal.

996.330.  Cancellation or withdrawal of a surety is effective at the
earliest  of the following times:

(a)    Thirty days after notice of cancellation or withdrawal is
given.

(b)    If a new surety is substituted for the original surety, the
date the substitution becomes effective.

(c)    If a new bond is given, the date the new bond becomes
effective.

996.340.  (a) If the principal does not give a new bond within 30 days
after notice of cancellation or withdrawal is given, all rights
obtained by giving the original bond immediately cease, any office for
which the bond is given is vacant, any commission for which the bond
is given is revoked, and any license or registration for which the
bond is given is suspended.

(b) A person whose license or registration is suspended shall not
operate or carry on business pursuant to the license or registration
during the period of suspension.  A license or registration that is
suspended may be revived only by the giving of a new bond during the
license or registration period in which the cancellation or withdrawal
occurred.

996.350.  If the withdrawal of a surety does not reduce the amount of
the bond or the number of sureties below the minimum required by the
statute providing for the bond, no new bond is required or necessary
to maintain the original bond in effect.

996.360.  If a surety cancels or withdraws from a bond:

(a)    The bond remains in full force and effect for all
liabilities incurred before, and for acts, omissions, or causes
existing or which arose before, the cancellation or withdrawal.
Legal proceedings may be had therefor in all respects as though
there had been no cancellation or withdrawal.

(b)    The surety is not liable for any act, default, or misconduct
of the principal or other breach of the condition of the bond
that occurs after, or for any liabilities on the bond that arise
after, the cancellation or withdrawal.

(c)    The cancellation or withdrawal does not affect the bond as
to the remaining sureties, or alter or change their liability in
any respect.

996.410.  (a) The beneficiary may enforce the liability on a bond
against both the principal and sureties.

(b) If the beneficiary is a class of persons, any person in the
class may enforce the liability on a bond in the person's own
name, without assignment of the bond.

996.420.  (a) A surety on a bond given in an action
or proceeding submits itself to the
jurisdiction of the court in all matters affecting its liability
on the bond.

(b) This section does not apply to a bond of a public officer or
fiduciary.

996.430.  (a) The liability on a bond may be enforced by civil action.
Both the principal and the sureties shall be joined as parties to the
action.

(b) If the bond was given in an action or proceeding, the action shall
be commenced in the court in which the action or proceeding was
pending.  If the bond was given other than in an action or proceeding,
the action shall be commenced in any court of competent jurisdiction,
and the amount of damage claimed in the action, not the amount of the
bond, determines the jurisdiction of the court.

(c)    A cause of action on a bond may be transferred and assigned
as other causes of action.

996.440.  (a) If a bond is given in an action or proceeding, the
liability on  the bond may be enforced on motion made in the
court without the necessity of an independent action.

(b) The motion shall not be made until after entry of the final
judgment in the action or proceeding in which the bond is given
and the time for appeal has expired or, if an appeal is taken,
until the appeal is finally determined. The motion shall not be
made or notice of motion served more than one year after the
later of the preceding dates.

(c)    Notice of motion shall be served on the principal and
sureties at least 30 days before the time set for hearing of the
motion.  The notice shall state the amount of the claim and shall
be supported by affidavits setting forth the facts on which the
claim is based.  The notice and affidavits shall be served in
accordance with any procedure authorized by Chapter 5 (commencing
with Section 1010).

(d)    Judgment shall be entered against the principal and sureties
in accordance with the motion unless the principal or sureties
serve and file affidavits in opposition to the motion showing
such facts as may be deemed by the judge hearing the motion
sufficient to present a triable issue of fact.  If such a showing
is made, the issues to be tried shall be specified by the court.
Trial shall be by the court and shall be set for the earliest
date convenient to the court, allowing sufficient time for such
discovery proceedings as may be requested.

(e)    The principal and sureties shall not obtain a stay of the
proceedings pending determination of any conflicting claims among
beneficiaries.

996.450.  No provision in a bond is valid that attempts by contract to
shorten the period prescribed by Section 337 or other statute for the
commencement of an action on the bond or the period prescribed by
Section 996.440 for a motion to enforce a bond.  This section does not
apply if the principal, beneficiary, and surety accept a provision for
a shorter period in a bond.

996.460.  (a) Notwithstanding Section 2845 of the Civil Code, a
judgment of liability on a bond shall be in favor of the beneficiary
and against the principal and sureties and shall obligate each of them
jointly and severally.

(b) The judgment shall be in an amount determined by the court.

(c)    A judgment that does not exhaust the full amount of the bond
decreases the amount of the bond but does not discharge the bond.
The liability on the bond may be enforced thereafter from time to
time until the amount of the bond is exhausted.

(d)    The judgment may be enforced by the beneficiary directly
against the sureties.  Nothing in this section affects any right
of subrogation of a surety against the principal or any right of
a surety to compel the principal to satisfy the judgment.

996.470.  (a) Notwithstanding any other statute other than
Section 996.480, the aggregate liability of a surety to all
persons for all breaches of the condition of a bond is limited to
the  amount of the bond.  Except as otherwise provided by
statute, the liability of the principal is not limited to the
amount of the bond.

(b) If a bond is given in an amount greater than the amount required
by statute or by order of the court or officer pursuant to statute,
the liability of the  surety on the bond is limited to the amount
required by statute or by order of the court or officer, unless the
amount of the bond has been increased voluntarily or by agreement of
the parties to satisfy an objection to the bond made in an action or
proceeding.

(c)    The liability of a surety is limited to the amount
stipulated in any of the following circumstances:

(1)    The bond contains a stipulation pursuant to Section 995.520
that the liability of a personal surety is limited to the worth of the surety.

(2)    The bond contains a stipulation that the liability of a
surety is an amount less than the amount of the bond pursuant to
a statute that provides that the liability of sureties in the
aggregate need not exceed the amount of the bond.

996.475. Nothing in this chapter is intended to limit the liability of a
surety pursuant to any other statute.  This section is
declaratory of, and not a change in, existing law.

996.480.  (a) If the nature and extent of the liability of the principal is
established by final judgment of a court and the time for appeal
has expired or, if an appeal is taken, the appeal is finally
determined and the judgment is affirmed:

(1)    A surety may make payment on a bond without awaiting
enforcement of the bond.  The amount of the bond is reduced to
the extent of any payment made by the surety in good faith.

(2)    If the beneficiary makes a claim for payment on a bond
given in an action or proceeding after the liability of the
principal is so established and the surety fails to make
payment, the surety is liable for costs incurred in obtaining
a judgment against the surety, including a reasonable
attorney's fee, and interest on the judgment from the date of
the claim, notwithstanding Section 996.470.

(b) Partial payment of a claim by a surety shall not be considered
satisfaction of the claim and the beneficiary may enforce the
liability on the bond.  If a right is affected or a license is
suspended or revoked until payment of a claim, the right continues to
be affected and the license continues to be suspended or revoked until
the claim is satisfied in full.

996.490.  (a) Payment by a surety of the amount of a bond constitutes
a full discharge of all the liability of the surety on the bond.

(b) Each surety is liable to contribution to cosureties who have made
payment  in proportion to the amount for which each surety is liable.

996.495.  A judgment of liability on a bond may be enforced in the
same manner and to the same extent as other money judgments.

996.510. This article applies to proceedings for the benefit of the state to
enforce the liability on a bond executed to, in favor of, or payable
to the state or the people of the state, including but not limited to
an official bond.

996.520.  The person enforcing the liability may
file with the court in the proceedings an affidavit stating the
following:

(a)    The bond was executed by the defendant or one or more of the
defendants (designating whom).

(b)    The bond is one to which this article applies.

(c)    The defendant or defendants have real property or an
interest in real property (designating the county or counties in
which the real property is situated).

(d)    The liability is being enforced for the benefit of the
state.

996.530.  The clerk receiving the affidavit shall certify to the
recorder of the county in which the real property is situated all of
the following:

(a)    The names of the parties.

(b)    The court in which the proceedings are pending.

(c)    The amount claimed.

(d)    The date of commencement of the proceedings.

996.540.  (a) Upon receiving the certificate the county recorder shall
endorse upon it the time of its receipt.

(b) The certificate shall be filed and recorded in the same manner as
notice of the pendency of an action affecting real property.

996.550.  (a) Any judgment recovered is a lien upon all real property
belonging to the defendant situated in any county in which the
certificate is filed, from the filing of the certificate.

(b) The lien is for the amount for which the owner of the real
property is liable upon the judgment.

996.560.  If an agreement to sell real property affected by the
lien created by the filing of a certificate was made
before the filing of the certificate and  the
purchase price under the agreement was not due until after the filing
of the certificate, and the purchaser is otherwise entitled to
specific performance of the agreement:

(a)    The court in an action to compel specific performance of the
agreement shall order the purchaser to pay the purchase price, or
so much of the purchase price as may be due, to the State
Treasurer, and to take the State Treasurer's receipt for payment.

(b)    Upon payment, the purchaser is entitled to enforcement of
specific performance of the agreement.  The purchaser takes the
real property free from the lien created by the filing of the
certificate.

(c)    The State Treasurer shall hold the payment pending the
proceedings referred to in the certificate.  The payment is
subject to the lien created by the filing of the certificate.

998.  (a) The costs allowed under Sections 1031 and 1032 shall be
withheld or augmented as provided in this section.

(b) Not less than 10 days prior to commencement of trial, any party
may serve an offer in writing upon any other party to the action to
allow judgment to be taken in accordance with the terms and conditions
stated at that time.

(1)    If the offer is accepted, the offer with proof of acceptance
shall be filed and the clerk or the judge shall enter judgment
accordingly.

(2)    If the offer is not accepted prior to trial or within 30
days after it is made, whichever occurs first, it shall be deemed
withdrawn, and cannot be given in evidence upon the trial.

(3)    For purposes of this subdivision, a trial shall be deemed to
be actually commenced at the beginning of the opening statement
of the plaintiff or counsel, and if there is no opening
statement, then at the time of the administering of the oath or
affirmation to the first witness, or the introduction of any
evidence.

(c)    If an offer made by a defendant is not accepted and the
plaintiff fails to obtain a more favorable judgment, the
plaintiff shall not recover his or her costs and shall pay the
defendant's costs from the time of the offer.  In addition, in
any action or proceeding other than an eminent domain action,
the court, in its discretion, may require the plaintiff to pay
the defendant's costs from the date of filing of the complaint
and a reasonable sum to cover costs of the services of expert
witnesses, who are not regular employees of any party,
actually incurred and reasonably necessary in either, or both,
the preparation or trial of the case by the defendant.

(d)    If an offer made by a plaintiff is not accepted and the
defendant fails to obtain a more favorable judgment, the court
in its discretion may require the defendant to pay a
reasonable sum to cover costs of the services of expert
witnesses, who are not regular employees of any party,
actually incurred and reasonably necessary in either, or both,
the preparation or trial of the case by the plaintiff, in
addition to plaintiff's costs.

(e)    If an offer made by a defendant is not accepted and the
plaintiff fails to obtain a more favorable judgment, the costs
under this section shall be deducted from any damages awarded
in favor of the plaintiff.  If the costs awarded under this
section exceed the amount of the damages awarded to the
plaintiff the net amount shall be awarded to the defendant and
judgment shall be entered accordingly.

(f)    Police officers shall be deemed to be expert witnesses
for the purposes of this section; plaintiff includes a cross-
complainant and defendant includes a cross-defendant.  Any
judgment entered pursuant to this section shall be deemed to
be a compromise settlement.

(g)    This chapter does not apply to an offer which is made by
a plaintiff in an eminent domain action.

(h)    The costs for services of expert witnesses for trial
under subdivisions c and (d) shall not exceed those specified
in Section 68092.5 of the Government Code.


1003.  Every direction of a court or judge, made or entered in
writing, and not included in a judgment, is denominated an order.
An application for an order is a motion.

1004.  Except as provided in section 166 of this code, motions must
be made in the court in which the action is pending.

1005.  (a) Written notice shall be given, as prescribed in
subdivision (b), for the following motions:

(1)    Notice of Application and Hearing for Writ of Attachment
under Section 484.040.

(2)    Notice of Application and Hearing for Claim and Delivery
under Section 512.030.

(3)    Notice of Hearing for Claim of Exemption under Section 706.105.

(4)    Motion to Quash Summons pursuant to subdivision (b) of
Section 418.10.

(5)    Motion for Determination of Good Faith Settlement pursuant
to Section 877.6.

(6)    Hearing for Discovery of Peace Officer Personnel Records
pursuant to Section 1043 of the Evidence Code.

(7)    Notice of Hearing of Third-Party Claim pursuant to
Section 720.320.

(8)    Motion for an Order to Attend Deposition more than 150 miles
from deponent's residence pursuant to paragraph (3) of
subdivision (e) of Section 2025.

(9)    Notice of Hearing of Application for Relief pursuant to
Section 946.6 of the Government Code.

(10)   Motion to Set Aside Default or Default Judgment and for
Leave to Defend Actions pursuant to Section 473.5.

(11)   Motion to Expunge Notice of Pendency of Action pursuant to
Section 405.30.

(12)   Motion to Set Aside Default and for Leave to Amend pursuant
to Section 585.5.

(13)   Any other proceeding under this code in which notice is
required and no other time or method is prescribed by law or by
court or judge.

(b) Unless otherwise ordered or specifically provided by law,
all moving and supporting papers shall be served and filed at
least 15 calendar days before the time appointed for the
hearing.  However, if the notice is served by mail, the required 15-day
period of notice before the time appointed for the hearing
shall be increased by five days if the place of mailing and the place
of address are within the State of California, 10 days if either the
place of mailing or the place of address is outside the State of
California but within the United States, and 20 days if either the
place of mailing or the place of address is outside the United States,
and if the notice is served by facsimile transmission, Express Mail,
or another method of delivery providing for overnight delivery, the
required 15-day period of notice before the time appointed for the
hearing shall be increased by two court days.  Section 1013, which
extends the time within which a right may be exercised or an act may
be done, does not apply to a notice of motion governed by this
section.  All papers opposing a motion so noticed shall be filed with
the court and served on each party at least five court days, and all
reply papers at least two court days before the time appointed for the
hearing.

The court, or a judge thereof, may prescribe a shorter time.

1005.5.  A motion upon all the grounds stated in the written notice
thereof is deemed to have been made and to be pending before the court
for all purposes, upon the due service and filing of the notice of
motion, but this shall not deprive a party of a hearing of the motion
to which he is otherwise entitled.  Procedure upon a motion for new
trial shall be as otherwise provided.

1006.  When a notice of motion is given, or an order to show cause is
made returnable before a judge out of court, and at the time fixed
for the motion, or on the return day of the order, the judge is
unable to hear the parties, the matter may be transferred by his
order to some other judge, before whom it might originally have
been brought.

1006.5.  (a) The Judicial Council shall adopt a standard of
judicial administration governing the appearance of counsel by
telephone at any hearing of a demurrer, an order to show cause, or
a motion heard before the action is called for trial.

(b)    The standard of judicial administration shall provide that
counsel for a party to a civil action may appear by telephone at
any of those hearings unless (1) the action or proceeding is one
filed pursuant to the Family Code, (2) any party notices an
intent to present oral testimony, or (3) the court orders the
personal appearance of counsel.

(c)    Within six months after the Judicial Council has adopted
that standard of judicial administration, the superior court of
each county shall advise the Judicial Council whether it will
incorporate the standard, a modified version thereof, or not
provide for the appearance of counsel by telephone in its local
rules.

1008.  (a) When an application for an order has been made to a judge,
or to a court, and refused in whole or in part, or granted, or
granted conditionally, or on terms, any party affected by the order
may, within 10 days after service upon the party of written notice
of entry of the order and based upon new or different facts,
circumstances, or law, make application to the same judge or court
that made the order, to reconsider the matter and modify, amend, or
revoke the prior order.  The party making the application shall
state by affidavit what application was made before, when and to
what judge, what order or decisions were made, and what new or
different facts, circumstances, or law are claimed to be shown.

(b) A party who originally made an application for an order which
was refused in whole or part, or granted conditionally or on terms,
may make a subsequent application for the same order upon new or
different facts, circumstances, or law, in which case it shall be
shown by affidavit what application was made before, when and to
what judge, what order or decisions were made, and what new or
different facts, circumstances, or law are claimed to be shown.
For a failure to comply with this subdivision, any order made on a
subsequent application may be revoked or set aside on ex parte
motion.

(c)    If a court at any time determines that there has been a
change of law that warrants it to reconsider a prior order it
entered, it may do so on its own motion and enter a different
order.

(d)    A violation of this section may be punished as a contempt
and with sanctions as allowed by Section 128.5.  In addition, an
order made contrary to this section may be revoked by the judge
or commissioner who made it, or vacated by a judge of the court
in which the action or proceeding is pending.

(e)    This section specifies the court's jurisdiction with regard
to applications for reconsideration of its orders and renewals of
previous motions, and applies to all applications to reconsider
any order of a judge or court, or for the renewal of a previous
motion, whether the order deciding the previous matter or motion
is interim or final.  No application to reconsider any order or
for the renewal of a previous motion may be considered by any
judge or court unless made according to this section.

(f)    For the purposes of this section, an alleged new or
different law shall not include a later enacted statute without a
retroactive application.

1010.  Notices must be in writing, and the notice of a motion, other
than for a new trial, must state when, and the grounds upon which
it will be made, and the papers, if any, upon which it is to be
based.  If any such paper has not previously been served upon the
party to be notified and was not filed by him, a copy of such paper
must accompany the notice.  Notices and other papers may be served
upon the party or attorney in the manner prescribed in this
chapter, when not otherwise provided by this code.  No bill of
exceptions, notice of appeal, or other notice or paper, other than
amendments to the pleadings, or an amended pleading, need be served
upon any party whose default has been duly entered or who has not
appeared in the action or proceeding.

1010.5.  The Judicial Council may adopt rules permitting the filing
of papers by facsimile transmission, both directly with the courts
and through third parties.  Notwithstanding any other provision of
law, the rules may provide that the facsimile transmitted document
shall constitute an original document, and that notwithstanding
subdivision (f) of Section 6159 of the Government Code or
Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the
Civil Code, any court authorized to accept a credit card as payment
pursuant to this section may add a surcharge to the amount of the
transaction to be borne by the litigant to cover charges imposed on
credit card transactions regarding fax filings between a litigant
and the court.

If the Judicial Council adopts rules permitting the filing of
papers by facsimile transmission, the consent of the county board
of supervisors shall not be necessary to permit the use of credit
cards to pay fees for the filing of papers by facsimile
transmission directly with the court, provided that the court
charges a processing fee to the filing party sufficient to cover
the cost to the court of processing payment by credit card.

1011.  The service may be personal, by delivery to the party or
attorney on whom the service is required to be made, or it may be
as follows:

(a)    If upon an attorney, service may be made at the attorney' s
office, by leaving the notice or other papers in an envelope or
package clearly labeled to identify the attorney being served,
with a receptionist or with a person having charge thereof.  When
there is no person in the office with whom the notice or papers
may be left for purposes of this subdivision at the time service
is to be effected, service may be made by leaving them between
the hours of nine in the morning and five in the afternoon, in a
conspicuous place in the office, or, if the attorney's office is
not open so as to admit of that service, then service may be made
by leaving the notice or papers at the attorney's residence, with
some person of not less than 18 years of age, if the attorney's
residence is in the same county with his or her office, and, if
the attorney's residence is not known or is not in the same
county with his or her office, or being in the same county it is
not open, or there is not found thereat any person of not less
than 18 years of age, then service may be made by putting the
notice or papers, enclosed in  a sealed envelope, into the post
office or a mail box, subpost office, substation, or mail chute
or other like facility regularly maintained by the Government of
the United States directed to the attorney at his or her office,
if known and otherwise to the attorney's residence, if known.  If
neither the attorney's office nor residence is known, service may
be made by delivering the notice or papers to the clerk of the
court, or to the judge where there is no clerk, for the attorney.

(b)    If upon a party, service shall be made in the manner
specifically provided in particular cases, or, if no specific
provision is made, service may be made by leaving the notice or
other paper at the party's residence, between the hours of eight
in the morning and six in the evening, with some person of not
less than 18 years of age.  If at the time of attempted service
between those hours a person 18 years of age or older cannot be
found at the party's residence, the notice or papers may be
served by mail.  If the party's residence is not known, then
service may be made by delivering the notice or papers to the
clerk of the court or the judge, if there is no clerk, for that
party.

1012.  Service by mail may be made where the person on whom it is to
be made resides or has his office at a place where there is a
delivery service by mail, or where the person making the service
and the person on whom it is to be made reside or have their
offices in different places between which there is a regular
communication by mail.

1012.5.  (a) The Legislature finds that the use of facsimile
transmission (FAX machines) has become commonplace in business and
government. Currently, there are over 2.5 million FAX machines in
the nation and the legal profession owns approximately 12 percent
of these machines.  Across the nation, courts are starting to
address the use of FAX machines in the judicial system as a means
of transmitting documents to the courts and to lawyers and
litigants.

Use of FAX transmission of documents may alleviate congestion in
and around courthouses, promote savings in the time spent by
attorneys in filing documents with the courts and with other
attorneys and litigants, and ultimately, will result in a savings
to the legal consumer.

Therefore, the Judicial Council shall conduct pilot projects to
encompass cases filed in three or more superior courts and three or
more municipal or justice courts from January 1, 1990, to
December 31, 1992, to determine how best to implement the use of
facsimile transmission of documents in the judicial system and to assess the
extent of savings due to implementation of FAX transmission.
Moreover, the Judicial Council shall report to the Legislature on
the results of these pilot projects and its specific proposals for
implementation.

(b)    The Judicial Council shall determine the effectiveness of
these pilot projects by conducting a survey of attorneys,
judicial officers, clerks of court, and process servers
registered pursuant to Chapter 16 (commencing with Section 22350)
of Division 8 of the Business and Professions Code, to
determine whether the pilot project is effective in:  (1) reducing
courthouse congestion, (2) increasing courthouse filings by FAX to at
least 25 percent of all filings in those courts participating in the
pilot projects, (3) producing a time savings of at least 50 percent of
the time normally required to file documents with the court, and (4)
producing a savings in costs billed to the client.

(c)    The Judicial Council shall report to the Legislature on
these pilot projects and make its recommendations on any changes
in law needed to promote uniform, efficient, and effective
service or filing of legal documents by FAX on or before
December 31, 1991.  The report shall include a compilation of data,
proposed standards, rules, or statutes for:  (1) the types of
facsimile machines, including personal computers with facsimile
modems, that are suitable for use by the courts in receiving
legal documents for filing, (2) the quality of paper to be used
to ensure the permanency of court records, (3) the readability of
documents sent by facsimile transmission, (4) the service and
filing of documents which require an original signature, (5) the
service on other parties to the action of legal documents by FAX, (6)
the filing with the court of originals of documents first
filed by FAX, (7) if necessary, modification of time periods for
service and filing of documents by FAX, and (8) the cost to the
courts for the equipment, supplies, additional staff, and
administrative costs associated with the filing of legal
documents by FAX and how these costs should be recovered.

(d)    Notwithstanding any other provision of law, the Judicial
Council may adopt rules of court for use in the pilot project counties
to facilitate the purposes of the pilot project and to provide an
appropriate experiment.  Any rules of court adopted by the Judicial
Council pursuant to this subdivision shall not affect the requirements
for personal or substituted service of the summons and complaint or
any other opening paper.

1013.  (a) In case of service by mail, the notice or other paper must
be deposited in a post office, mailbox, sub-post office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service, in a sealed
envelope, with postage paid, addressed to the person on whom it is
to be served, at the office address as last given by that person on
any document filed in the cause and served on the party making
service by mail; otherwise at that party's place of residence.  The
service is complete at the time of the deposit, but any prescribed
period of notice and any right or duty to do any act or make any
response within any prescribed period or on a date certain after
the service of the document served by mail shall be extended five
days if the place of address is within the State of California, 10
days if the place of address is outside the State of California but
within the United States, and 20 days if the place of address is
outside the United States, but the extension shall not apply to
extend the time for filing notice of intention to move for new
trial, notice of intention to move to vacate judgment pursuant to
Section 663a, or notice of appeal.

(b)    The copy of the notice or other paper served by mail
pursuant to this chapter shall bear a notation of the date and
place of mailing or be accompanied by an unsigned copy of the
affidavit or certificate of mailing.

(c)    In case of service by Express Mail, the notice or other
paper must be deposited in a post office, mailbox, sub-post
office, substation, or mail chute, or other like facility
regularly maintained by the United States Postal Service for
receipt of Express Mail, in a sealed envelope, with Express Mail
postage paid, addressed to the person on whom it is to be served,
at the office address as last given by that person on any
document filed in the cause and served on the party making
service by Express Mail; otherwise at that party's place of
residence.  In case of service by another method of delivery
providing for overnight delivery, the notice or other paper must
be deposited in a box or other facility regularly maintained by
the express service carrier, or delivered to an authorized
courier or driver authorized by the express service carrier to
receive documents, in an envelope or package designated by the
express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that
party's place of residence.  The service is complete at the time
of the deposit, but any prescribed period of notice and any right
or duty to do any act or make any response within any prescribed
period or on a date certain after the service of the document
served by Express Mail or other method of delivery providing for
overnight delivery shall be extended by two court days, but the
extension shall not apply to extend the time for filing notice of
intention to move for new trial, notice of intention to move to
vacate judgment pursuant to Section 663a, or notice of appeal.

(d)    The copy of the notice or other paper served by Express
Mail or another means of delivery providing for overnight delivery
pursuant to this chapter shall bear a notation of the date and place
of deposit or be accompanied by an unsigned copy of the affidavit or
certificate of deposit.

(e)    Service by facsimile transmission shall be permitted only
where the parties agree and a written confirmation of that
agreement is made.  The Judicial Council may adopt rules
implementing the service of documents by facsimile transmission
and may provide a form for the confirmation of the agreement
required by this subdivision.  In case of service by facsimile
transmission, the notice or other paper must be transmitted to a
facsimile machine maintained by the person on whom it is served
at the facsimile machine telephone number as last given by that
person on any document which he or she has filed in the cause and
served on the party making the service.  The service is complete
at the time of transmission, but any prescribed period of notice
and any right or duty to do any act or make any response within
any prescribed period or on a date certain after the service of
the document served by facsimile transmission shall be extended
by two court days, but the extension shall not apply to extend
the time for filing notice of intention to move for new trial,
notice of intention to move to vacate judgment pursuant to
Section 663a, or notice of appeal.

(f)    The copy of the notice or other paper served by facsimile
transmission pursuant to this chapter shall bear a notation of
the date and place of transmission and the facsimile telephone
number to which transmitted or be accompanied by an unsigned copy
of the affidavit or certificate of transmission which shall
contain the facsimile telephone number to which the notice or
other paper was transmitted.

(g)    Subdivisions (b), (d), and (f) are directory.

1013a.  Proof of service by mail may be made by one of the following
methods:

(1)    An affidavit setting forth the exact title of the document
served and filed in the cause, showing the name and residence or
business address of the person making the service, showing that
he or she is a resident of or employed in the county where the
mailing occurs, that he or she is over the age of 18 years and
not a party to the cause, and showing the date and place of
deposit in the mail, the name and address of the person served as
shown on the envelope, and also showing that the envelope was
sealed and deposited in the mail with the postage thereon fully
prepaid.

(2)    A certificate setting forth the exact title of the document
served and filed in the cause, showing the name and business
address of the person making the service, showing that he or she
is an active member of the State Bar of California and is not a
party to the cause, and showing the date and place of deposit in
the mail, the name and address of the person served as shown on
the envelope, and also showing that the envelope was sealed and
deposited in the mail with the postage thereon fully prepaid.

(3)    An affidavit setting forth the exact title of the document
served and filed in the cause, showing (A) the name and residence
or business address of the person making the service, (B) that he
or she is a resident of, or employed in, the county where the
mailing occurs, c that he or she is over the age of 18 years
and not a party to the cause, (D) that he or she is readily
familiar with the  business' practice for collection and processing of
correspondence for mailing with the United States Postal Service, (E)
that the correspondence would be deposited with the United States
Postal Service that same day in the ordinary course of business, (F)
the name and address of the person served as shown on the envelope,
and the date and place of business where the correspondence was placed
for deposit in the United States Postal Service, and (G) that the
envelope was sealed and placed for collection and mailing on that date
following ordinary business practices.  Service made pursuant to this
paragraph, upon motion of a party served, shall be presumed invalid if
the postal cancellation date or postage meter date on the envelope is
more than one day after the date of deposit for mailing contained in
the affidavit.

(4)    In case of service by the clerk of a court of record, a
certificate by that clerk setting forth the exact title of the
document served and filed in the cause, showing the name of the
clerk and the name of the court of which he or she is the clerk,
and that he or she is not a party to the cause, and showing the
date and place of deposit in the mail, the name and address of
the person served as shown on the envelope, and also showing that
the envelope was sealed and deposited in the mail with the
postage thereon fully prepaid.

1014.  A defendant appears in an action when he answers, demurs,
files a notice of motion to strike, files a notice of motion to
transfer pursuant to Section 396b, gives the plaintiff written
notice of his appearance, or when an attorney gives notice of
appearance for him.  After appearance, a defendant or his attorney
is entitled to notice of all subsequent proceedings of which notice
is required to be given.  Where a defendant has not appeared,
service of notice or papers need not be made upon him.

1015.  When a plaintiff or a defendant, who has appeared, resides out
of the State, and has no attorney in the action or proceeding, the
service may be made on the clerk or on the judge where there is no
clerk, for him.  But in all cases where a party has an attorney in
the action or proceeding, the service of papers, when required,
must be upon the attorney instead of the party, except service of
subpenas, of writs, and other process issued in the suit, and of
papers to bring him into contempt.  If the sole attorney for a
party is removed or suspended from practice, then the party has no
attorney within the meaning of this section.  If his sole attorney
has no known office in this State, notices and papers may be served
by leaving a copy thereof with the clerk of the court or with the
judge where there is no clerk, unless such attorney shall have
filed in the cause an address of a place at which notices and
papers may be served on him, in which event they may be served at
such place.

1016.  The foregoing provisions of this Chapter do not apply to the
sevice of a summons or other process, or of any paper to bring a
party into contempt.

1017.  Any summons, writ, or order in any civil suit or proceeding,
and all other papers requiring service, may be transmitted by
telegraph for service in any place, and the telegraphic copy of
such writ, or order, or paper so transmitted, may be served or
executed by the officer or person to whom it is sent for that
purpose, and returned by him, if any return be requisite, in the
same manner, and with the same force and effect in all respects, as
the original thereof might be if delivered to him, and the officer
or person serving or executing the same has the same authority, and
is subject to the same liabilities, as if the copy were the
original.  The original, when a writ or order, must also be filed
in the Court from which it was issued, and a certified copy thereof
must be preserved in the telegraph office from which it was sent.
In sending it, either the original or the certified copy may be
used by the operator for that purpose.  Whenever any document to be
sent by telegraph bears a seal, either private or official, it is
not necessary for the operator, in sending the same, to telegraph a
description of the seal, or any words or device thereon, but the
same may be expressed in the telegraphic copy of the letters "L.
S.," or by the word "seal."

1018.  (a) Every foreign corporation and nonresident individual who
either incurs any liability to the State of California under any
tax law of the state or who is a guardian, conservator, receiver,
or fiduciary of any individual, estate or trust, or corporation, or
a member of a partnership, incurring any such liability, shall file
with the Secretary of State a designation of a natural person,
stating his residence or business address in this state, as its or
his agent for the purpose of service of process in any action to
enforce such liability in the courts of this state, and the
delivery to such agent of a copy of any process in any such action
shall constitute valid service on such foreign corporation,
nonresident, individual, fiduciary or partner.  A copy of such
designation, certified by the Secretary of State, is sufficient
evidence of the appointment of such agent for service of process.
Such foreign corporation or nonresident individual shall file with
the Secretary of State notice of any change of address of the
person thus designated, and may revoke any such designation by
filing notice of the revocation thereof with the Secretary of
State.

(b)    Every resident individual who incurs any liability to the
State of California under any tax law of the state or who is a
guardian, conservator, receiver, or fiduciary of any individual,
estate or trust, or corporation, or member of a partnership, incurring
any such liability, who hereafter leaves the state for a period of
longer than one year, or is hereafter absent from the state for a
period longer than one year, and who is or was a resident at the time
of leaving the state, shall file with the Secretary of State a
designation of a natural person, stating his residence or business
address in this state, as its or his agent for the purpose of service
of process in any action to enforce such liability in the courts of
this state, and the delivery to such agent of a copy of any process in
any such action shall constitute valid service on such individual.  A
copy of such designation, certified by the Secretary of State, is
sufficient evidence of the appointment of such agent for service of
process.  Such individual shall file with the Secretary of State
notice of any change of address of the person thus designated, and may
revoke any such designation by filing notice of the revocation thereof
with the Secretary of State.

(c)    In the event that no agent designated in accordance with the
provisions of this section can be found with due diligence at the
address given, or if the agent so designated be no longer
authorized to act, or if no person has been designated, and if
personal service of process upon the corporation or individual
within this state cannot be made with the exercise of due
diligence, then service shall be made by delivery of the process
to the Secretary of State or to an assistant or deputy secretary
of state, and such service shall be a sufficient service on said
corporation or individual subject to compliance with subsection (d).

The making and filing of an affidavit or affidavits in the
action or proceeding showing what effort was made or action taken
to comply with the above requirements of due diligence and the
making of an order of the court in which said action or
proceeding is pending finding that due diligence has been
exercised and directing service of summons as herein provided,
shall be sufficient proof of the fact of such exercise of due
diligence.

(d)    In the event of service of process under subdivision c,
there shall be delivered to the Secretary of State by the
attorney representing the state a statement of the address of the
corporation or individual to which or to whom notice, and a copy
of the summons and complaint, shall be sent.  Upon the receipt of
such summons and complaint the Secretary of State forthwith shall
give notice to the corporation or individual by telegraph,
charges prepaid, to the address given in the statement delivered
to the Secretary of State at the time of such service, of the
service of the summons and complaint and shall forward to such
corporation or individual by registered mail, a copy of such
summons and complaint.  Personal service of such notice and a
copy of such summons and complaint upon the corporation or
individual wherever found outside this state shall be the
equivalent of said mailing.

(e)    Proof of compliance with subdivision (d) shall be made in
the event of service by mail by certificate of the Secretary of
State, under his official seal, showing said mailing, together
with the defendant's return receipt.  Such certificate and
receipt shall be appended to the original summons which shall be
filed with the court from out of which such summons issued within
such time as the court may allow for the return of such summons.
In the event of personal service outside this state such
compliance may be proved by the return of any duly constituted
public officer, qualified to serve like process of and in the
state or jurisdiction where the defendant is found, showing such
service to have been made.  Such return shall be appended to the
original summons which shall be filed as aforesaid.

(f)    Service made under this section shall have the same legal
force and validity as if service had been made personally in this
state; provided, however, that the defendant may appear and
answer the complaint within 30 days from the date of service.

(g)    The court in which the action is pending may order such
continuances as may be necessary to afford the defendant
reasonable opportunity to defend the action.

(h)    The Secretary of State shall keep a record of all process
served upon him and shall record therein the time of such service
and his action in respect thereto.

(i)    If any clause, sentence, paragraph, or part of this section
shall, for any reason, be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of this section, but shall be
confined in its operation to the clause, sentence, paragraph or
part thereof directly involved in the controversy in which such
judgment shall have been rendered.

1019.  Whenever any notice or publication is required by a provision
in this code or any other code or statute of this state to be
provided in a specified size of type or printing which is to be
measured by points, the size required, unless otherwise
specifically defined, shall be determined by the conventional
customs and practices of the printing industry and within the
tolerances permitted by conventional custom and practice in that
industry, except that the provisions of this section shall not be
used for purposes of evasion of any requirement for notice or
publication.

1019.5.  (a) When a motion is granted or denied, unless the court
otherwise orders, notice of the court's decision or order shall be
given by the prevailing party to all other parties or their
attorneys, in the manner provided in this chapter, unless notice is
waived by all parties in open court and is entered in the minutes.

(b) When a motion is granted or denied on the court's own motion,
notice of the court's order shall be given by the court in the
manner provided in this chapter, unless notice is waived by all
parties in open court and is entered in the minutes.

1020.  Any notice required by law, other than those required to be
given to a party to an action or to his attorney, the service of
which is not governed by the other sections of this chapter and
which is not otherwise specifically provided for by law, may be
given by sending the same by registered mail with proper postage
prepaid addressed to the addressee's last known address with
request for return receipt, and the production of a returned
receipt purporting to be signed by the addressee shall create a
disputable presumption that such notice was received by the person
to whom the notice was required to be sent.

1021.  Except as attorney's fees are specifically provided for by
statute, the measure and mode of compensation of attorneys and
counselors at law is left to the agreement, express or implied, of
the parties; but parties to actions or proceedings are entitled to
their costs, as hereinafter provided.

1021.1.(a) Reasonable attorney's fees, may be awarded in an amount
to be determined in the court's discretion, to a party to any
civil action as provided by this section, and that award shall be
made upon notice and motion by a party and shall be an element of
the costs of suit.

(b)    A party may be entitled, in the discretion of the court,
to an award of attorney's fees under this section if all of
the following conditions are met:


(1)  The party has made an offer for judgment under Section 998.


(2)  That offer was not accepted within the time provided in
Section 998.


(3)  The party to whom the offer was made thereafter failed to obtain
a more favorable judgment.
The party making the offer shall be entitled to attorney's fees only
for legal services rendered after the date of the offer.

(c)    In exercising its discretion to award attorney's fees the
court shall consider the following factors:

(1)    The reasonableness or lack thereof, of a party's failure
to accept an offer for judgment under Section 998 in light of
the facts known to the party at the time, of which, in light
of all of the circumstances, should have been known to the
party.  Reasonableness shall be determined by a consideration
of at least the following matters:

(A)    The then apparent merit or lack of merit in the claim
that was the subject of the action.

(B)    The closeness of the questions of fact and law at
issue.

(C)    Whether the offeror has unreasonably refused to furnish
information necessary to evaluate the reasonableness of the
offer.

(D)    Whether the action was in the nature of a "test case,"
presenting questions of far-reaching importance affecting
nonparties.

(E)    The relief that might reasonably have been expected if
the claimant should prevail.

(F)    The amount of the additional delay, cost, and expense
that the offeror reasonably would be expected to incur if
the litigation should be prolonged.

(G)    Those other matters that the court may deem relevant in
the interest of justice.

(2)    The amount of damages and other relief sought and the
results obtained for the client.

(3)    The efforts made by the parties or the attorneys to
settle the controversy.

(4)    The existence of any bad faith or abuse of legal
procedure by the parties or the attorneys.

(d)    In exercising its discretion to determine the amount of
attorney's fees to be awarded, the court shall consider the
following factors, except that in no event shall the amount
awarded exceed a reasonable fee for the services actually
rendered.

(1)    Customary fees in the community in which the action or
proceeding is pending charged by attorneys with similar
experience or expertise.

(2)    The time and labor reasonably required to be spent by the
attorney or attorneys.

(3)    The experience and ability of the attorneys generally
within the profession and also with respect to the action or
proceeding.

(4)    The novelty and difficulty of the questions involved and
the skill required to perform the services properly.

(5)    The extent to which the acceptance of the particular
matter imposes extraordinary burdens on the attorney or
attorneys (A) by way of precluding other employment, (B) by
the time limitations imposed by the client, or c by the
circumstances.

(6)    Whether the fee is fixed or contingent.

(7)    Those other factors that the court may deem relevant in
the interest of justice, including any of the factors
described in subdivision c.

(e)    Nothing in this section shall be construed to repeal or
modify any other statutory provision for the award of attorney's
fees or to diminish any express or implied contractual right
which a party to a civil action may otherwise have to obtain an
award of attorney's fees for the prosecution or defense of an
action.

(f)    No attorney's fees shall be awarded pursuant to this section
in any of the following instances:

(1)    Against a party who is proceeding in forma pauperis or a
party whom the court has found not to have the financial
ability to pay fees or who would suffer an unreasonable
financial hardship if ordered to pay fees.

(2)    For or against any party with respect to any cause  of
action under which an award for reasonable attorney's fees is
authorized or required by any other federal or California
statute.

(3)    For or against any party with respect to any cause of
action or proceeding commenced or prosecuted under
Title 7 (commencing with Section 1230.010) of Part 3.

(4)    For or against any party in any action in which one or
more of plaintiffs seek to proceed as a class under Section 382.

(5)    For or against any party as to any cause of action the
gravamen of which is personal injury, wrongful death, or
injunctive relief.

(g)    The determination under this section shall be made after the
final disposition of the action.

(h)    This section shall apply only in Riverside County and San
Bernardino County.  The Legislature finds and declares that, in order
to assess the impact of this section on a limited basis before making
it applicable on a statewide basis, it is necessary for this section
to be applicable for a limited period of time in those counties.

(i)    This section shall only be in effect from July 1, 1988,
until January 1, 1996, and on that date is repealed, unless a
later enacted statute, which becomes effective on or before
January 1, 1996, deletes or extends that date.

1021.4.In an action for damages against a defendant based upon that
defendant's commission of a felony offense for which that defendant
has been convicted, the court may, upon motion, award reasonable
attorney's fees to a prevailing plaintiff against the defendant who
has been convicted of the felony.

1021.5.Upon motion, a court may award attorneys' fees to a successful
party against one or more opposing parties in any action which has
resulted in the enforcement of an important right affecting the
public interest if:  (a) a significant benefit, whether pecuniary
or nonpecuniary, has been conferred on the general public or a
large class of persons, (b) the necessity and financial burden of
private enforcement, or of enforcement by one public entity against
another public entity, are such as to make the award appropriate,
and c such fees should not in the interest of justice be paid out
of the recovery, if any.  With respect to actions involving public
entities, this section applies to allowances against, but not in
favor of, public entities, and no claim shall be required to be
filed therefor, unless one or more successful parties and one or
more opposing parties are public entities, in which case no claim
shall be required to be filed therefor under Part 3 (commencing
with Section 900) of Division 3.6 of Title 1 of the Government
Code.

Attorneys' fees awarded to a public entity pursuant to this section
shall not be increased or decreased by a multiplier based upon
extrinsic circumstances, as discussed in Serrano v.  Priest, 20
Cal. 3d 25, 49.

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

1021.7.In any action for damages arising out of the performance of a
peace officer's duties, brought against a peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
of the Penal Code, or against a public entity employing a peace
officer or in an action for libel or slander brought pursuant to
Section 45 or 46 of the Civil Code, the court may, in its
discretion, award reasonable attorney's fees to the defendant or
defendants as part of the costs, upon a finding by the court that
the action was not filed or maintained in good faith and with
reasonable cause.

1021.9.In any action to recover damages to personal or real property
resulting from trespassing on lands either under cultivation or
intended or used for the raising of livestock, the prevailing
plaintiff shall be entitled to reasonable attorney's fees in
addition to other costs, and in addition to any liability for
damages imposed by law.

1022.  When several actions are brought on one bond, undertaking,
promissory note, bill of exchange, or other instrument in
writing, or in any other case for the same cause of action,
against several parties who might have been joined as defendants
in the same action, no costs can be allowed to the plaintiff in
more than one of such actions, which may be at his election, if
the party proceeded against in the other actions were, at the
commencement of the previous action, openly within this State;
but the disbursements of the plaintiff must be allowed to him in
each action.

1023.  The fees of referees are such reasonable sum as the court
may fix for the time spent in the business of the reference; but
the parties may agree, in writing, upon any other rate of
compensation, and thereupon such rates shall be allowed.

1024.  When an application is made to the court or referee to
postpone a trial, the payment of the expenses occasioned by the
postponement may be imposed, in the discretion of the court or
referee, as a condition of granting the same.

1025.  When, in an action for the recovery of money only, the
defendant alleges in his answer that before the commencement of
the action he tendered to the plaintiff the full amount to which
he was entitled, and thereupon deposits in court, for plaintiff,
the amount so tendered, and the allegation is found to be true,
the plaintiff can not recover costs, but must pay costs to the
defendant.

1026.  (a) Except as provided in subdivision (b), in an action
prosecuted or defended by a personal representative, trustee of
an express trust, guardian, conservator, or a person expressly
authorized by statute, costs may be recovered as in an action by
or against a person prosecuting or defending in the person's own
right.

(b) Costs allowed under subdivision (a) shall, by the judgment,
be made chargeable only upon the estate, fund, or party
represented, unless the court directs the costs to be paid by the
fiduciary personally for mismanagement or bad faith in the action
or defense.

1027.  When the decision of a court of inferior jurisdiction in a
special proceeding is brought before a court of higher
jurisdiction for a review, in any other way than by appeal, the
same costs must be allowed as in cases on appeal, and may be
collected in the manner provided for enforcement of money
judgments generally, or in such manner as the court may direct,
according to the nature of the case.

1028.  Notwithstanding any other provisions of law, when the
State is a party, costs shall be awarded against it on the same
basis as against any other party and, when awarded, must be paid
out of the appropriation for the support of the agency on whose
behalf the State appeared.

1028.5.  (a) In any civil action between a small business or a
licensee and a state regulatory agency, involving the regulatory
functions of a state agency as applied to a small business or a
licensee, if the small business or licensee prevails, and if the
court determines that the action of the agency was undertaken
without substantial justification, the small business or licensee
may, in the discretion of the court, be awarded reasonable
litigation expenses in addition to other costs.  Funds for such
expenses and costs shall be paid from funds in the regular
operating budget of the state regulatory agency where the
appropriation therefor encompasses the payment of such costs and
expenses, and not from unappropriated money in the General Fund.

(b)    "Reasonable litigation expenses" means any expenses not
in excess of seven thousand five hundred dollars ($7,500)
which the judge finds were reasonably incurred in opposing the
agency action, including court costs, expenses incurred in
administrative proceedings, attorney's fees, witness fees of
all necessary witnesses,  and such other expenses as were
reasonably incurred.

(c)    "Small business" means a business activity that is all of
the following:

(1)    Independently owned and operated.

(2)    Not dominant in its field of operation.

(3)    Not exceeding the following annual gross receipts or
other criteria in the categories of:

(A)    Agriculture, one million dollars ($1,000,000).

(B)    General construction, nine million five hundred
thousand dollars ($9,500,000).

(C)    Special trade construction, five million dollars ($5,000,000).

(D)    Retail trade, two million dollars ($2,000,000).

(E)    Wholesale trade, nine million five hundred thousand
dollars ($9,500,000).

(F)    Services, two million dollars ($2,000,000).

(G)    Transportation and warehousing, one million five hundred
thousand dollars ($1,500,000).

(H)    A manufacturing enterprise not exceeding 250 employees.

(I)    A health care facility not exceeding 150 beds or one million
five hundred  thousand dollars ($1,500,000) in annual gross
receipts.

(J)    Generating and transmitting electric power not exceeding 4,500
megawatt hours annually.

(d)    "Licensee" means any person licensed by a state agency who
does not qualify as a small business, but whose annual gross
receipts from the use of such license do not exceed one million
dollars ($1,000,000).

(e)    A small business or a licensee shall be deemed to prevail in
any action in which there is no adjudication, stipulation, or
acceptance of liability on the part of the small business or
licensee.

(f)    A small business or licensee shall not be deemed to have
prevailed in actions commenced at the instance of, or on the
basis of a complaint filed by, a person who is not an officer,
employee, or other agent of the state regulatory agency if the
action is dismissed by the agency upon a finding of no cause for
the action, or is settled by the agency and small business or
licensee without a finding of fault.

(g)    Section 800 of the Government Code shall not apply to
actions which are subject to the provisions of this section.

(h)    Every state regulatory agency against which litigation
expenses have been awarded under this section shall, at the time
of submission of its proposed budget pursuant to Section 13320 of
the Government Code, submit a report to the Department of Finance
and the Legislature as to the amount of those expenses awarded
and paid during the fiscal year.

(i)    This section shall be known and may be cited as the
Carpenter-Katz Small Business Equal Access to Justice Act of 1981.

1029.  When any county, city, district, or other public agency or
entity, or any officer thereof in his official capacity, is a
party, costs shall be awarded against it on the same basis as
against any other party and, when awarded, must be paid out of the
treasury thereof.

1029.5.(a) Whenever a complaint for damages is filed against any
architect, landscape architect, engineer, building designer, or
land surveyor, duly licensed as such under the laws of this
state, in an action for error, omission, or professional
negligence in the creation and preparation of plans,
specifications, designs, reports or surveys which are the basis
for work performed or agreed to be performed on real property,
any such defendant may, within 30 days after service of summons,
move the court for an order, upon notice and hearing, requiring
the plaintiff to file an undertaking in a sum not to exceed five
hundred dollars ($500) as security for the costs of defense as
provided in subdivision (d), which may be awarded against the
plaintiff.  The motion shall be supported by affidavit showing
that the claim against the defendant is frivolous.

At the hearing upon the motion, the court shall order the
plaintiff to file the undertaking if the defendant shows to the
satisfaction of the court that (i) the plaintiff would not suffer
undue economic hardship in filing the undertaking, and (ii) there
is no reasonable possibility that the plaintiff has a cause of
action against each named defendant with respect to whom the
plaintiff would otherwise be required to file the undertaking.

No appeal shall be taken from any order made pursuant to this
subdivision to file or not to file the undertaking.

A determination by the court that the undertaking either shall or
shall not be filed or shall be filed as to one or more defendants
and not as to others, shall not be deemed a determination of any
one or more issues in the action or of the merits thereof.  If
the court, upon any such motion, makes a determination that an
undertaking be filed by the plaintiff as to any one or more
defendants, the action shall be dismissed as to the defendant or
defendants, unless the undertaking required by the court has been
filed within such reasonable time as may be fixed by the court.

(b)    This section does not apply to a complaint for bodily
injury or for wrongful death, nor to an action commenced in a
small claims court.

(c)    Whenever more than one such defendant is named, the
undertaking shall be increased to the extent of not to exceed
five hundred dollars ($500) for each additional defendant in
whose favor the undertaking is ordered not to exceed the total
of three thousand dollars ($3,000).

(d)    In any action requiring an undertaking as provided in
this section, upon the dismissal of the action or the award of
judgment to the defendant, the court shall require the
plaintiff to pay the defendant's costs of defense authorized
by law.  Any sureties shall be liable for such costs in an
amount not to exceed the sum of five hundred dollars ($500) or
the amount of the undertaking, whichever is lesser, for each
defendant with respect to whom the sureties have executed an
undertaking.

1029.6. (a) Whenever a complaint for damages for personal injuries is
filed against a physician and surgeon, dentist, registered nurse,
dispensing optician, optometrist, pharmacist, registered physical
therapist, podiatrist, licensed psychologist, osteopathic physician
and surgeon, chiropractor, clinical laboratory bioanalyst, clinical
laboratory technologist, or veterinarian, duly licensed as such
under the laws of this state, or a licensed hospital as the
employer of any such person, in an action for error, omission, or
negligence in the performance of professional services, or
performance of professional services without consent, any such
defendant may, within six months after service of summons, move the
court for an order, upon notice to plaintiff and all defendants
having appeared in the action, and hearing, requiring the plaintiff
to file an undertaking in a sum not to exceed five hundred dollars ($500)
as security for the costs of defense as provided in
subdivision (d), which may be awarded against the plaintiff.  The
motion shall be supported by affidavit showing that the claim
against the defendant is frivolous.  Any defendant having appeared
in the action and within 30 days after receipt of notice may join
with the moving party requesting an order under this section as to
the additional defendant.  The failure of any defendant to join
with the moving party shall preclude that defendant from
subsequently requesting an order under this section.
At the hearing upon the motion, the court shall order the plaintiff
to file the undertaking if the defendant shows to the satisfaction
of the court that:  (i) the plaintiff would not suffer undue
economic hardship in filing the undertaking and (ii) there is no
reasonable possibility that the plaintiff has a cause of action
against each named defendant with respect to whom the plaintiff
would otherwise be required to file the undertaking.

A determination by the court that an undertaking either shall or
shall not be filed or shall be filed as to one or more defendants
and not as to others, shall not be deemed a determination of any
one or more issues in the action or of the merits thereof.  If the
court, upon any such motion, makes a determination that an
undertaking be filed by the plaintiff as to any one or more
defendants, the action shall be dismissed as to that defendant or
defendants, unless the undertaking required by the court shall have
been filed within the reasonable time as may be fixed by the court.

(b)    This section does not apply to a complaint in an action
commenced in a small claims court.

(c)    Whenever more than one defendant is named, the undertaking
shall be increased to the extent of not to exceed five hundred
dollars ($500) for each additional defendant in whose favor the
undertaking is ordered, not to exceed the total of one thousand
dollars ($1,000).

(d)    In any action requiring an undertaking as provided in this
section, upon the dismissal of the action or the award of
judgment to the defendant, the court shall require the plaintiff
to pay the defendant's court costs.  Any sureties shall be liable
for those costs in an amount not to exceed the sum of five
hundred dollars ($500) or the amount of the undertaking,
whichever is lesser, for each defendant with respect to whom the
sureties have executed an undertaking.  If the plaintiff prevails
in the action against any defendant with respect to whom an
undertaking has been filed, the defendant shall pay the costs to
plaintiff incurred in defending the motion for dismissal
authorized by this section.

(e)    Any defendant filing a motion under this section or joining
with a moving party under this section is precluded from
subsequently filing a motion for summary judgment.

(f)    Any defendant filing a motion for summary judgment is
precluded from subsequently filing a motion, or joining with a
moving party, under this section.

1029.8.(a) Any unlicensed person who causes injury or damage to
another person as a result of providing goods or performing
services for which a license is required under Division 2 (commencing
with Section 500) or any initiative act referred to
therein, Division 3 (commencing with Section 5000), or
Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing
with Section 19000) of Division 8, of the Business and Professions Code,
shall be liable to the injured person for treble the amount of
damages assessed in a civil action in any court having proper
jurisdiction.  The court may, in its discretion, award all costs
and attorney's fees to the injured person if that person prevails
in the action.

(b)    This section shall not be construed to confer an additional
cause of action or to affect or limit any other remedy,
including, but not limited to, a claim for exemplary damages.

(c)    The additional damages provided for in  subdivision (a)
shall not exceed ten thousand dollars ($10,000).

(d)    For the purposes of this section, the term "unlicensed
person" shall not apply to any of the following:

(1)    Any person, partnership, corporation, or other entity
providing goods or services under the good faith belief that
they are properly licensed and acting within the proper scope
of that licensure.

(2)    Any person, partnership, corporation, or other entity
whose license has expired for nonpayment of license renewal
fees, but who is eligible to renew that license without the
necessity of applying and qualifying for an original license.

(3)    Any person, partnership, or corporation licensed under
Chapter 6 (commencing with Section 2700) or Chapter 6.5 (commencing
with Section 2840) of the Business and Professions Code, who provides
professional nursing services under an existing license, if the action
arises from a claim that the licensee exceeded the scope of practice
authorized by his or her license.

(e)    This section shall not apply to any action for unfair trade
practices brought against an unlicensed person under
Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of
the Business and Professions Code, by a person who holds a
license which is required, or closely related to the license which is
required, to engage in those activities performed by the unlicensed
person.

1030.  (a) When the plaintiff in an action or special proceeding
resides out of the state, or is a foreign corporation,  the
defendant may at any time apply to the court by noticed motion for
an order requiring the plaintiff to file an undertaking to secure
an award of costs and attorney's fees which may be awarded in the
action or special proceeding.  For the purposes of this section,
"attorney's fees" means reasonable attorney's fees a party may be
authorized to recover by a statute apart from this section or by
contract.

(b)    The motion shall be made on the grounds that the plaintiff
resides out of the state or is a foreign corporation and that
there is a reasonable possibility that the moving defendant will
obtain judgment in the action or special proceeding.  The motion
shall be accompanied by an affidavit in support of the grounds
for the motion and by a memorandum of points and authorities.
The affidavit shall set forth the nature and amount of the costs
and attorney's fees the defendant has incurred and expects to
incur by the conclusion of the action or special proceeding.

(c)    If the court, after hearing, determines that the grounds for
the motion have been established, the court shall order that the
plaintiff file the undertaking in an amount specified in the
court's order as security for costs and attorney's fees.

(d)    The plaintiff shall file the undertaking not later than 30
days after service of the court's order requiring it or within a
greater time allowed by the court.  If the plaintiff fails to file the
undertaking within the time allowed, the plaintiff's action or special
proceeding shall be dismissed as to the defendant in whose favor the
order requiring the undertaking was made.

(e)    If the defendant's motion for an order requiring an
undertaking is filed not later than 30 days after service of
summons on the defendant, further proceedings may be stayed in
the discretion of the court upon application to the court by the
defendant by noticed motion for the stay until 10 days after the
motion for the undertaking is denied or, if granted, until 10
days after the required undertaking has been filed and the
defendant has been served with a copy of the undertaking.  The
hearing on the application for the stay shall be held not later
than 60 days after service of the summons.  If the defendant
files a motion for an order requiring an undertaking, which is
granted but the defendant objects to the undertaking, the court
may in its discretion stay the proceedings not longer than 10
days after a sufficient undertaking has been filed and the
defendant has been served with a copy of the undertaking.

(f)    The determinations of the court under this section have no
effect on the determination of any issues on the merits of the
action or special proceeding and may not be given in evidence nor
referred to in the trial of the action or proceeding.

(g)    An order granting or denying a motion for an undertaking
under this section is not appealable.

1031.  In actions for the recovery of wages for labor performed,
where the amount of the demand, exclusive of interest, does not
exceed three hundred dollars ($300), the court shall add, as part
of the cost, in any judgment recovered by the plaintiff or cross-
complainant, an attorney's fee not exceeding 20 percent of the
amount recovered.

1032.  (a) As used in this section, unless the context clearly
requires otherwise:

(1)    "Complaint" includes a cross-complaint.

(2)    "Defendant" includes a cross-defendant or a person against
whom a complaint is filed.

(3)    "Plaintiff" includes a cross-complainant or a party who
files a complaint in intervention.

(4)    "Prevailing party" includes the party with a net monetary
recovery, a defendant in whose favor a dismissal is entered, a
defendant where neither plaintiff nor defendant obtains any
relief, and a defendant as against those plaintiffs who do not
recover any relief against that defendant.  When any party
recovers other than monetary relief and in situations other than
as specified, the "prevailing party" shall be as determined by
the court, and under those circumstances, the court, in its
discretion, may allow costs or not and, if allowed may apportion
costs between the parties on the same or adverse sides pursuant
to rules adopted under Section 1034.

(b)    Except as otherwise expressly provided by statute, a
prevailing party is entitled as a matter of right to recover
costs in any action or proceeding.

(c)    Nothing in this section shall prohibit parties from
stipulating to alternative procedures for awarding costs in
the litigation pursuant to rules adopted under Section 1034.

1033.  (a) In the superior court, costs or any portion of claimed
costs shall be as determined by the court in its discretion in
accordance with Section 1034 where the prevailing party recovers a
judgment that could have been rendered in a court of lesser
jurisdiction.

(b) In a municipal or justice court, when a prevailing plaintiff
recovers less than the amount prescribed by law as the maximum
limitation upon the jurisdiction of the small claims court, the
following shall apply:

(1)    When the party could have brought the action in the small
claims court, the court may, in its discretion, allow or deny
costs to the prevailing party, or may allow costs in part in any
amount as it deems proper.

(2)    When the party could not have brought the action in small
claims court, costs and necessary disbursements shall be limited
to the actual cost of the filing fee, the actual cost of service
of process, and, when otherwise specifically allowed by law,
reasonable attorney fees.  However, those costs shall only be
awarded to the plaintiff if the court is satisfied that prior to
the commencement of the action, the plaintiff informed the
defendant in writing of the intended legal action against the
defendant and that legal action could result in a judgment
against the defendant which would include the costs and necessary
disbursements allowed by this paragraph.

1033.5.  (a) The following items are allowable as costs under
Section 1032:

(1)    Filing, motion, and jury fees.

(2)    Juror food and lodging while they are kept together
during trial and after the jury retires for deliberation.

(3)    Taking, videotaping, and transcribing necessary
depositions including an original and one copy of those taken
by the claimant and one copy of depositions taken by the party
against whom costs are allowed, and travel expenses to attend
depositions.

(4)    Service of process by a public officer, registered
process server, or other means, as follows:

(A)    When service is by a public officer, the recoverable
cost is the fee authorized by law at the time of service.

(B)    If service is by a process server registered pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code, the recoverable cost is the amount
actually incurred in effecting service, including, but not limited to,
a stakeout or other means employed in locating the person to be
served, unless such charges are successfully challenged by a party to
the action.

(C)    When service is by publication, the recoverable cost is the
sum actually incurred in effecting service.

(D)    When service is by a means other than that set forth in
subparagraph (A), (B) or c, the recoverable cost is the lesser of
the sum actually incurred, or the amount allowed to a public
officer in this state for such service, except that the court may
allow the sum actually incurred in effecting service upon
application pursuant to paragraph (4) of subdivision c.

(5)    Expenses of attachment including keeper's fees.

(6)    Premiums on necessary surety bonds.

(7)    Ordinary witness fees pursuant to Section 68093 of the
Government Code.

(8)    Fees of expert witnesses ordered by the court.

(9)    Transcripts of court proceedings ordered by the court.

(10)   Attorney fees, when authorized by any of the following:

(A)    Contract.

(B)    Statute.

(C)    Law.

(11)   Court reporters fees as established by statute.

(12)   Models and blowups of exhibits and photocopies of exhibits
may be allowed if they were reasonably helpful to aid the trier
of fact.

(13)   Any other item that is required to be awarded to the
prevailing party pursuant to statute as an incident to prevailing
in the action at trial or on appeal.

(b) The following items are not allowable as costs, except when
expressly authorized by law:

(1)    Fees of experts not ordered by the court.

(2)    Investigation expenses in preparing the case for trial.

(3)    Postage, telephone, and photocopying charges, except for
exhibits.

(4)    Costs in investigation of jurors or in preparation for voir
dire.

(5)    Transcripts of court proceedings not ordered by the court.

(c)    Any award of costs shall be subject to the following:

(1)    Costs are allowable if incurred, whether or not paid.

(2)    Allowable costs shall be reasonably necessary to the
conduct of the litigation rather than merely convenient or
beneficial to its preparation.

(3)    Allowable costs shall be reasonable in amount.

(4)    Items not mentioned in this section and items assessed
upon application may be allowed or denied in the court's
discretion.

(5)    When any statute of this state refers to the award of
"costs and attorney's fees," attorney's fees are an item and component
of the costs to be awarded and are allowable as costs pursuant to
subparagraph (B) of paragraph (10) of subdivision (a).  Any claim not
based upon the court's established schedule of attorney's fees for
actions on a contract shall bear the burden of proof.  Attorney's fees
allowable as costs pursuant to subparagraph (B) of paragraph (10) of
subdivision (a) may be fixed as follows:  (A) upon a noticed motion, (B)
at the time a statement of decision is rendered, c upon
application supported by affidavit made concurrently with a claim for
other costs, or (D) upon entry of default judgment.  Attorney's fees
allowable as costs pursuant to subparagraph (A) or c of paragraph (10)
of subdivision (a) shall be fixed either upon a noticed motion or upon
entry of a default judgment, unless otherwise provided by stipulation
of the parties.

Attorney's fees awarded pursuant to Section 1717 of the Civil Code are
allowable costs under Section 1032 as authorized by subparagraph (A)
of paragraph (10) of subdivision (a).

1034.  (a) Prejudgment costs allowable under this chapter shall be
claimed and contested in accordance with rules adopted by the
Judicial Council.

(b) The Judicial Council shall establish by rule allowable costs on
appeal and the procedure for claiming those costs.

1034.5.  In unlawful detainer proceedings, the plaintiff who recovers judgment
for possession of premises, and who advances or pays to the sheriff
or marshal  the expenses required for the eviction of any persons
in possession or occupancy of the premises and the personal
property of such persons, shall, after being advised by the sheriff
or marshal of the exact amount necessarily used and expended to
effect the eviction, be allowed to file a request for the same
pursuant to rules adopted by the Judicial Council.

1036.  In any inverse condemnation proceeding brought for the taking
of any interest in real property, the court rendering judgment for
the plaintiff by awarding compensation for such taking, or the
attorney representing the public entity who effects a settlement of
such proceeding, shall determine and award or allow to such
plaintiff, as a part of such judgment or settlement, such sum as
will, in the opinion of the court or such attorney, reimburse such
plaintiff for his reasonable costs, disbursements, and expenses,
including reasonable attorney, appraisal, and engineering fees,
actually incurred because of such proceeding.

1038.  (a) In any civil proceeding under the California Tort
Claims Act or for express or implied indemnity or for contribution
in any civil action, the court, upon motion of the defendant or
cross-defendant, shall, at the time of the granting of any summary
judgment, motion for directed verdict, motion for judgment  under
Section 631.8, or any nonsuit dismissing the moving party other
than the plaintiff, petitioner, cross-complainant, or intervenor,
or at a later time set forth by rule of the Judicial Council
adopted under Section 1034 determine whether or not the plaintiff,
petitioner, cross-complainant, or intervenor brought the proceeding
with reasonable cause and in the good faith belief that there was a
justifiable controversy under the facts and law which warranted the
filing of the complaint, petition, cross-complaint, or complaint in
intervention.  If the court should determine that the proceeding
was not brought in good faith and with reasonable cause, an
additional issue shall be decided as to the defense costs
reasonably and necessarily incurred by the party or parties
opposing the proceeding, and the court shall render judgment in
favor of that party in the amount of all reasonable and necessary
defense costs, in addition to those costs normally awarded to the
prevailing party.  An award of defense costs under this section
shall not be made except on notice contained in a party's papers
and an opportunity to be heard.

(b) "Defense costs," as used in this section, shall include
reasonable attorneys' fees, expert witness fees, the expense of
services of experts, advisers, and consultants in defense of the
proceeding, and where reasonably and necessarily incurred in
defending the proceeding.

(c)    This section shall be applicable only on motion made prior
to the discharge of the jury or entry of judgment, and any party
requesting the relief pursuant to this section waives any right
to seek damages for malicious prosecution.  Failure to make the
motion shall not be deemed a waiver of the right to pursue a
malicious prosecution action.

(d)    This section shall only apply if the defendant or cross-
defendant has made a motion for summary judgment, judgment under
Section 631.8, directed verdict, or nonsuit and the motion is
granted.

1045.  If an original pleading or paper be lost, the Court may
authorize a copy thereof to be filed and used instead of the
original.

1046.  An affidavit, notice, or other paper, without the title of the
action or proceeding in which it is made, or with a defective
title, is as valid and effectual for any purpose as if duly
entitled, if it intelligibly refers to the action or proceeding.

1046a.  In all cases brought under the provisions of any act
providing for the establishment and quieting of title to real
property in cases where the public records in the office of the
county recorder have been, or shall hereafter be, lost or
destroyed, in whole or in any material part by flood, fire or
earthquake, all papers filed under order of court nunc pro tunc as
of the date when they should have been filed, shall have the same
force and effect as if filed on the date when they should have been
filed.

1047.  Successive actions may be maintained upon the same contract or
transaction, whenever, after the former action, a new cause of
action arises therefrom.

1048.  (a) When actions involving a common question of law or fact
are pending before the court, it may order a joint hearing or trial
of any or all the matters in issue in the actions; it may order all
the actions consolidated and it may make such orders concerning
proceedings therein as may tend to avoid unnecessary costs or
delay.

(b) The court, in furtherance of convenience or to avoid prejudice,
or when separate trials will be conducive to expedition and
economy, may order a separate trial of any cause of action,
including a cause of action asserted in a cross-complaint, or of
any separate issue or of any number of causes of action or issues,
preserving the right of trial by jury required by the Constitution
or a statute of this state or of the United States.

1049.  An action is deemed to be pending from the time of its
commencement until its final determination upon appeal, or until
the time for appeal has passed, unless the judgment is sooner
satisfied.

1050.  An action may be brought by one person against another for the
purpose of determining an adverse claim, which the latter makes
against the former for money or property upon an alleged
obligation; and also against two or more persons, for the purpose
of compelling one to satisfy a debt due to the other, for which
plaintiff is bound as a surety.

1052.  The clerk of a municipal or justice court may keep among the
records of the court a register of civil actions in which shall be
entered the title of the action commenced in that court, with brief
notes under it, from time to time, of all papers filed and
proceedings had therein.

1052.5.  In lieu of maintaining a register of actions as described in
Section 1052, the clerk of the municipal or justice
court may maintain a register of actions by
means of photographing, microphotographing, or mechanically or
electronically storing the whole content of all papers and records,
or any portion thereof, as will constitute a memorandum, necessary
to the keeping of a register of actions so long as the completeness
and chronological sequence of the register are not disturbed.
All such reproductions shall be placed in convenient, accessible
files, and provision shall be made for preserving, examining, and
using them.

Any photograph, microphotograph, or photocopy which is made
pursuant to this section shall be made in such manner and on such
paper as will comply with the minimum standards of quality approved
therefor by the National Bureau of Standards.

1053.  When there are three referees all must meet, but two of them
may do any act which might be done by all.

1054.  (a) When an act to be done, as provided in this code, relates
to the pleadings in the action, or the preparation of bills of
exceptions, or of amendments thereto, or to the service of notices
other than of appeal and of intention to move for a new trial, the
time allowed therefor, unless otherwise expressly provided, may be
extended, upon good cause shown, by the judge of the court in which
the action is pending, or by the judge who presided at the trial of
the action; but the extension so allowed shall not exceed 30 days,
without the consent of the adverse party.

(b) In all cases in which the court or judge is authorized by this
section to grant an extension of time, the extension of time shall
be granted when all attorneys of record of parties who have
appeared in the action agree in writing to  the extension of time,
and any extension of time previously granted by stipulation of all
attorneys of record of parties who have appeared in the action
shall not be included in the computation of the 30-day limitation
upon extensions of time allowed by the court or judge.

1054.1.(a) When an act to be done in any action or proceeding in
any court of this state or before any state administrative
agency, as provided by law or rule, relates to the pleadings in
the action, or the preparation of bills of exceptions, or of
amendments thereto, or to the service of notices (other than of
appeal, of intention to move for a new trial, and of intention to
move to vacate a judgment), and such act is not a motion for a
judgment notwithstanding the verdict, the time allowed therefor,
unless otherwise expressly provided, shall be extended to a date
certain by the judges of the court or by the agency in which the
action or proceeding is pending, or by the judge who presided at
the trial of the action, when it appears to the judge of any
court or to the agency to whom the application is made that an
attorney of record for the party applying for the extension is a
Member of the Legislature of this state, and that the Legislature
is in session or in recess not exceeding a recess of 40 days or
that a legislative committee of which the attorney is a duly
appointed member is meeting or is to meet within a period which
the court or agency finds does not exceed the time reasonably
necessary to enable the member to reach the committee meeting by
the ordinary mode of travel. When the Legislature is in session
or in recess, extension shall be to a date not less than 30 days
next following the final adjournment of the Legislature or the
commencement of a recess of more than 40 days.
If a date is available during recess, extension shall be to
such earlier date.  When a legislative committee is meeting or is to
meet within a period which the court or agency finds does not exceed
the time reasonably necessary to enable the member to reach the
committee meeting by the ordinary mode of travel, extension shall be
for such period as the court or agency finds will be reasonably
necessary to enable the member to perform the act to be done in the
action or proceeding, unless the extension would expire when the
Legislature is to be in session; and in that case the extension shall
be to a date not less than 30 days following the final adjournment of
the Legislature or the commencement of a recess of more than 40 days.
If the act may be reasonably done by the member within the recess,
continuance shall be to such earlier date.  However, any postponement
granted under the provisions of this section shall suspend for the
same period of time as the postponement, the running of any period of
time for any ruling or proceeding by a court, board, commission, or
officer, or for the performance by any party of any act affected by
the postponement.

(b) Extension of time pursuant to this section is mandatory unless the
court determines that the extension would defeat or abridge a right to
relief pendente lite in a paternity action or a right to invoke a
provisional remedy such as pendente lite support in a domestic
relations controversy, attachment and sale of perishable goods,
receivership of a failing business, and temporary restraining order or
preliminary injunction, and that the continuance should not be
granted.

1055.  If an action is brought against any officer or person for an
act for the doing of which he had theretofore received any valid
bond or convenant of indemnity, and he gives seasonable notice
thereof in writing to the persons who executed such bond or
covenant, and permits them to conduct the defense of such action,
the judgment recovered therein is conclusive evidence against the
persons so notified; and the court may, on motion of the defendant,
upon notice of five days, and upon proof of such bond or covenant,
and of such notice and permission, enter judgment against them for
the amount so recovered and costs.

1060.  Any person interested under a deed, will or other written
instrument, or under a contract, or who desires a declaration of
his rights or duties with respect to another, or in respect to,
in, over or upon property, or with respect to the location of the
natural channel of a watercourse, may, in cases of actual
controversy relating to the legal rights and duties of the
respective parties, bring an original action or cross-complaint
in the superior court or  in the municipal or justice court to
the extent allowed pursuant to Article 1 (commencing with Section 86)
of Chapter 5 of Title 1 of Part 1 for a declaration of his
rights and duties in the premises, including a determination of
any question of construction or validity arising under such
instrument or contract.  He may ask for a declaration of rights
or duties, either alone or with other relief; and the court may
make a binding declaration of such rights or duties, whether or
not further relief is or could be claimed at the time.  The
declaration may be either affirmative or negative in form and
effect, and such declaration shall have the force of a final
judgment.  Such declaration may be had before there has been any
breach of the obligation in respect to which said declaration is
sought.

1060.5.  Any individual claiming to be a nonresident of the State of
California for the purposes of the Personal Income Tax Law may
commence an action in the Superior Court in the County of Sacramento,
or in the County of Los Angeles, or in the City and County of San
Francisco, against the Franchise Tax Board to determine the fact of
his residence in this State under the conditions and circumstances set
forth in Section 19081 of the Revenue and Taxation Code.

1061.  The court may refuse to exercise the power granted by this
chapter in any case where its declaration or determination is not
necessary or proper at the time under all the circumstances.

1062.  The remedies provided by this chapter are cumulative, and
shall not be construed as restricting any remedy, provisional or
otherwise, provided by law for the benefit of any party to such
action, and no judgment under this chapter shall preclude any
party from obtaining additional relief based upon the same facts.

1062.10.    No person or legal entity may maintain an action in
any court in this state to enforce the terms of a real
property sales contract as defined in Section 2985 of the
Civil Code or a conditional sale contract on a mobilehome
subject to local property taxation and subject to
Division 13 (commencing with Section 18000) of Part 2 of the Health
and Safety Code, providing for a change in ownership of real
property or of a mobilehome subject to local property taxation
until the agreement is duly recorded by the county recorder or
the change-in-ownership statement required by Section 480 of
the Revenue and Taxation Code is filed as provided in that
section.

This section shall apply to the enforcement of those
agreements which are alleged to have transferred ownership of
real property or of a mobilehome subject to property taxation
which are entered into after January 1, 1986.

1062.3.  (a) Except as provided in subdivision (b), actions brought
under the provisions of this chapter shall be set for trial at the
earliest possible date  and shall take precedence over all other
cases, except older matters of the same character and matters to which
special precedence may be given by law.

(b) Any action brought under the provisions of this chapter in which
the plaintiff seeks any relief, in addition to a declaration of rights
and duties, shall take such precedence only upon noticed motion and a
showing that the action requires a speedy trial.

1062.5.  Any insurer who issues policies of professional liability
insurance to health care providers for professional negligence, as
defined in Chapter 1 as amended by Chapter 2, Statutes of 1975, Second
Extraordinary Session, any health care provider covered by such a
policy, or any potentially aggrieved person, may bring an action in
the superior court for a declaration of its, his, or her rights,
duties, and obligations under Chapter 1 as amended by Chapter 2,
Statutes of 1975, Second Extraordinary Session.
The court shall permit any of the following persons to intervene in
the action:

(1)    The Attorney General.

(2)    Any other person whose appearance is determined by the
court to be essential to a complete determination or
settlement of any issues in the action.
The action shall be commenced in the superior court in the
county in which the Attorney General is required to reside
and keep his office pursuant to Section 1060 of the
Government Code.

The action shall be set for trial at the earliest possible
date and shall take precedence over all cases other than
those in which the state is a party.

The court may make a binding declaration of the rights,
duties, and obligations of the insurer, whether or not
further relief is or could be claimed at the time.  The
declaration may be affirmative or negative in form and
effect and shall have the force and effect of a final
judgment.

If the declaration is appealed, the appeal shall be given
precedence in the court of appeal and Supreme Court and
placed on the calendar in the order of its date of issue
immediately following cases in which the state is a party.

The remedy established by this section is cumulative, and
shall not be construed as restricting any remedy established
for the benefit of any party to the action by any other
provision of law.  No declaration under this section shall
preclude any party from obtaining additional relief based
upon the same facts.

1063.  The party prosecuting a special proceeding may be known as the
plaintiff, and the adverse party as the defendant.

1064.  A judgment in a special proceeding is the final determination
of the rights of the parties therein.  The definitions of a motion
and an order in a civil action are applicable to similar acts in a
special proceeding.

1067.  Section Ten Hundred and Sixty-seven.
The writ of certiorari may be denominated the writ of review.

1068.  A writ of review may be granted by any court, except a
municipal or justice court, when an inferior tribunal, board, or
officer, exercising judicial functions, has exceeded the
jurisdiction of such tribunal, board, or officer, and there is no
appeal, nor, in the judgment of the court, any plain, speedy, and
adequate remedy.

1069.  The application must be made on the verified petition of the
party beneficially interested, and the court may require a notice
of the application to be given to the adverse party, or may grant
an order to show cause why it should not be allowed, or may grant
the writ without notice.

1069.1.The provisions of Section 1089 as to a return by demurrer
or answer apply to a proceeding pursuant to this chapter.

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

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

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

1073.  The writ must be served in the same manner as a summons in
civil action, except when otherwise expressly directed by the
Court.

1074.  The review upon this writ cannot be extended further than to
determine whether the inferior tribunal, Board, or officer has
regularly pursued the authority of such tribunal, Board, or
officer.

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

1076.  A copy of the judgment, signed by the Clerk, must be
transmitted to the inferior tribunal, Board, or officer having
the custody of the record or proceeding certified up.

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

1084.  Section Ten Hundred and Eighty-four.  The writ of
mandamus may be denominated a writ of mandate.

1085.  It may be issued by any court, except a municipal or justice
court, to an inferior tribunal, corporation, board, or person, to
compel the performance of an act which the law specially enjoins,
as a duty resulting from an office, trust, or station; or to compel
the admission of a party to the use and enjoyment of a right or
office to which he is entitled, and from which he is unlawfully
precluded by such inferior tribunal, corporation, board or person.

1085.5.  Notwithstanding this chapter, in any action or proceeding
to attack, review, set aside, void, or annul the activity of the
Director of Food and Agriculture under Division 4 (commencing with
Section 5001) or Division 5 (commencing with Section 9101) of the
Food and Agricultural Code, the procedure for issuance of a writ of
mandate shall be in accordance with Chapter 1.5 (commencing with
Section 5051) of Part 1 of Division 4 of that code.

1086.  The writ must be issued in all cases where there is not a
plain, speedy, and adequate remedy, in the ordinary course of law.
It must be issued upon the verified petition of the party
beneficially interested.

1087.  The writ may be either alternative or peremptory.  The
alternative writ must command the party to whom it is directed
immediately after the receipt of the writ, or at some other
specified time, to do the act required to be performed, or to show
cause before the court at a time and place then or thereafter
specified by court order why he has not done so.  The peremptory
writ must be in a similar form, except that the words requiring the
party to show cause why he has not done as commanded must be
omitted.

1088.  When the application to the court is made without notice to
the adverse party, and the writ is allowed, the alternative must be
first issued; but if the application is upon due notice and the
writ is allowed, the peremptory may be issued in the first
instance.  With the alternative writ and also with any notice of an
intention to apply for the writ, there must be served on each
person against whom the writ is sought a copy of the petition. The
notice of the application, when given, must be at least ten days.
The writ cannot be granted by default.  The case must be heard by
the court, whether the adverse party appears or not.

1088.5.  In a trial court, if no alternative writ is sought, proof
of service of a copy of the petition need not accompany the
application for a writ at the time of filing, but proof of service
of a copy of the filed petition must be lodged with the court prior
to a hearing or any action by the court.

1089.  On the date for return of the alternative writ, or on which
the application for the writ is noticed, or, if the Judicial
Council shall adopt rules relating to the return and answer, then
at the time provided by those rules, the party upon whom the writ
or notice has been served may make a return by demurrer, verified
answer or both.  If the return is by demurrer alone, the court may
allow an answer to be filed within such time as it may designate.
Nothing in this section affects rules of the Judicial Council
governing original writ proceedings in reviewing courts.

1089.5.  Where a petition for writ of mandate is filed in the trial
court pursuant to Section 1088.5, and where a record of the
proceedings to be reviewed has been filed with the petition or
where no record of a proceeding is required, the respondent shall
answer or otherwise respond within 30 days after service of the
petition.  However, where a record of the proceeding to be reviewed
has been requested pursuant to Section 11523 of the Government
Code, or otherwise, and has not been filed with the petition, the
party upon whom the petition has been served, including any real
party in interest, shall answer or otherwise respond within 30 days
following receipt of a copy of the record.

1090.  If a return be made, which raises a question as to a matter of
fact essential to the determination of the motion, and affecting
the substantial rights of the parties, and upon the supposed truth
of the allegation of which the application for the writ is based,
the court may, in its discretion, order the question to be tried
before a jury, and postpone the argument until such trial can be
had, and the verdict certified to the court.  The question to be
tried must be distinctly stated in the order for trial, and the
county must be designated in which the same shall be had.  The
order may also direct the jury to assess any damages which the
applicant may have sustained, in case they find for him.

1091.  On the trial, the applicant is not precluded by the return
from any valid objection to its sufficiency, and may countervail it
by proof either in direct denial or by way of avoidance.

1092.  The motion for new trial must be made in the Court in which
the issue of fact is tried.

1093.  If no notice of a motion for a new trial be given, or if
given, the motion be denied, the Clerk, within five days after
rendition of the verdict or denial of the motion, must transmit to
the Court in which the application for the writ is pending, a
certified copy of the verdict attached to the order of trial; after
which either party may bring on the argument of the application,
upon reasonable notice to the adverse party.

1094.  If no return be made, the case may be heard on the papers of
the applicant.  If the return raises only questions of law, or puts
in issue immaterial statements, not affecting the substantial
rights of the parties, the court must proceed to hear or fix a day
for hearing the argument of the case.

If a petition for a writ of mandate filed pursuant to Section 1088.5
presents no triable issue of fact or is based solely on an
administrative record, the matter may be determined by the court by
noticed motion of any party for a judgment on the peremptory writ.

1094.5.(a) Where the writ is issued for the purpose of inquiring
into the validity of any final administrative order or decision
made as the result of a proceeding in which by law a hearing is
required to be given, evidence is required to be taken, and
discretion in the determination of facts is vested in the
inferior tribunal, corporation, board, or officer, the case shall
be heard by the court sitting without a jury.  All or part of the
record of the proceedings before the inferior tribunal,
corporation, board, or officer may be filed with the petition,
may be filed with respondent's points and authorities, or may be
ordered to be filed by the court.  Except when otherwise
prescribed by statute, the cost of preparing the record shall be
borne by the petitioner.  Where the petitioner has  proceeded
pursuant to Section 68511.3 of the Government Code and the Rules
of Court implementing that section and where the transcript is
necessary to a proper review of the administrative proceedings,
the cost of preparing the transcript shall be borne by the
respondent.  Where the party seeking the writ has proceeded
pursuant to Section 1088.5, the administrative record shall be
filed as expeditiously as possible, and may be filed with the
petition, or by the respondent after payment of the costs by the
petitioner, where required, or as otherwise directed by the
court.  If the expense of preparing all or any part of the record
has been borne by the prevailing party, the expense shall be
taxable as costs.

(b)    The inquiry in such a case shall extend to the questions
whether the respondent has proceeded without, or in excess of
jurisdiction; whether there was a fair trial; and whether
there was any prejudicial abuse of discretion.  Abuse of
discretion is established if the respondent has not proceeded
in the manner required by law, the order or decision is not
supported by the findings, or the findings are not supported
by the evidence.

(c)    Where it is claimed that the findings are not supported
by the evidence, in cases in which the court is authorized by
law to exercise its independent judgment on the evidence,
abuse of discretion is established if the court determines
that the findings are not supported by the weight of the
evidence.  In all other cases, abuse of discretion is
established if the court determines that the findings are not
supported by substantial evidence in the light of the whole
record.

(d)    Notwithstanding subdivision c, in cases arising from
private hospital boards or boards of directors of districts
organized pursuant to The Local Hospital District Law,
Division 23 (commencing with Section 32000) of the Health and Safety
Code or governing bodies of municipal hospitals formed pursuant to
Article 7 (commencing with Section 37600) or Article 8 (commencing
with Section 37650) of Chapter 5 of Division 3 of Title 4 of the
Government Code, abuse of discretion is established
if the court determines that the findings are not
supported by substantial evidence in the light of the
whole record.  However, in all cases in which the petition alleges
discriminatory actions prohibited by Section 1316 of the Health and
Safety Code, and the plaintiff makes a preliminary showing of
substantial evidence in support of that allegation, the court shall
exercise its independent judgment on the evidence and abuse of
discretion shall be established if the court determines that the
findings are not supported by the weight of the evidence.

(e)    Where the court finds that there is relevant evidence which,
in the exercise of reasonable diligence, could not have been
produced or which was improperly excluded at the hearing before
respondent, it may enter judgment as provided in subdivision (f)
remanding the case to be reconsidered in the light of that
evidence; or, in cases in which the court is authorized by law to
exercise its independent judgment on the evidence, the court may
admit the evidence at the hearing on the writ without remanding
the case.

(f)    The court shall enter judgment either commanding respondent
to set aside the order or decision, or denying the writ.  Where
the judgment commands that the order or decision be set aside, it
may order the reconsideration of the case in the light of the
court's opinion and judgment and may order respondent to take
such further action as is specially enjoined upon it by law, but
the judgment shall not limit or control in any way the discretion
legally vested in the respondent.

(g)    Except as provided in subdivision (h), the court in which
proceedings under this section are instituted may stay the
operation of the administrative order or decision pending the
judgment of the court, or until the filing of a notice of appeal
from the judgment or until the expiration of the time for filing
the notice, whichever occurs first.  However, no such stay shall
be imposed or continued if the court is satisfied that it is
against the public interest; provided that the application for
the stay shall be accompanied by proof of service of a copy of
the application on the respondent.  Service shall be made in the
manner provided by Title 5 (commencing with Section 405) of Part 2
or Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.

If an appeal is taken from a denial of the writ, the order or
decision of the agency shall not be stayed except upon the order
of the court to which the appeal is taken.  However, in cases
where a stay is in effect at the time of filing the notice of
appeal, the stay shall be continued by operation of law for a
period of 20 days from the filing of the notice.  If an appeal is
taken from the granting of the writ, the  order or decision of
the agency is stayed pending the determination of the appeal
unless the court to which the appeal is taken shall otherwise
order.  Where any final administrative order or decision is the
subject of proceedings under this section, if the petition shall
have been filed while the penalty imposed is in full force and
effect, the determination shall not be considered to have become
moot in cases where the penalty imposed by the administrative
agency has been completed or complied with during the pendency of
the proceedings.

(h)    (1) The court in which proceedings under this section are
instituted may stay the operation of the administrative order or
decision of any licensed hospital or any state agency made after
a hearing required by statute to be conducted under the
provisions of the Administrative Procedure Act, as set forth in
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, conducted by the agency itself or
an administrative law judge on the staff of the Office of
Administrative Hearings pending the judgment of the court, or until
the filing of a notice of appeal from the judgment or until the
expiration of the time for filing the notice, whichever occurs first.
However, the stay shall not be imposed or continued unless the court
is satisfied that the public interest will not suffer and that the
licensed hospital or agency is unlikely to prevail ultimately on the
merits; and provided further that the application for the stay  shall
be accompanied by proof of service of a copy of the application on the
respondent.  Service shall be made in the manner provided by
Title 5 (commencing with Section 405) of Part 2 or Chapter 5
(commencing with Section 1010) of Title 14 of Part 2.

(2)    The standard set forth in this subdivision for obtaining a
stay shall apply to any administrative order or decision of an
agency which issues licenses pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code or
pursuant to the Osteopathic Initiative Act or the Chiropractic
Initiative Act.  With respect to orders or decisions of other
state agencies, the standard in this subdivision shall apply only
when the agency has adopted the proposed decision of the
administrative law judge in its entirety or has adopted the
proposed decision but reduced the proposed penalty pursuant to
subdivision (b) of Section 11517 of the Government Code;
otherwise the standard in subdivision (g) shall apply.

(3)    If an appeal is taken from a denial of the writ, the order
or decision of the hospital or agency shall not be stayed except
upon the order of the court to which the appeal is taken.
However, in cases where a stay is in effect at the time of filing
the notice of appeal, the stay shall be continued by operation of
law for a period of 20 days from the filing of the notice. If an
appeal is taken from the granting of the writ, the order or
decision of the hospital or agency is stayed pending the
determination of the appeal unless the court to which the appeal
is taken shall otherwise order.  Where any final administrative
order or decision is the subject of proceedings under this
section, if the petition shall have been filed while the penalty
imposed is in full force and effect, the determination shall not
be considered to have become moot in cases where the penalty
imposed by the administrative agency has been completed or
complied with during the pendency of the proceedings.

(i)    Any administrative record received for filing by the clerk
of the court may be disposed of as provided in
Sections 1952, 1952.2, and 1952.3.

1094.6. (a) Judicial review of any decision of a local agency, other
than school district, as the term local agency is defined in
Section 54951 of the Government Code, or of any commission, board,
officer or agent thereof, may be had pursuant to Section 1094.5 of
this code only if the petition for writ of mandate pursuant to such
section is filed within the time limits specified in this section.

(b)    Any such petition shall be filed not later than the 90th day
following the date on which the decision becomes final.  If there
is no provision for reconsideration of the decision, or for a
written decision or written findings supporting the decision, in
any applicable provision of any statute, charter, or rule, for
the purposes of this section, the decision is final on the date
it is announced.  If the decision is not announced at the close
of the hearing, the date, time, and place of the announcement of
the decision shall be announced at the hearing.  If there is a
provision for reconsideration, the decision is final for purposes
of this section upon the expiration of the period during which
such reconsideration can be sought; provided, that if
reconsideration is sought pursuant to any such provision the
decision is final for the purposes of this section on the date
that reconsideration is rejected.  If there is a provision for a
written decision or written findings, the decision is final for
purposes of this section upon the date it is mailed by first-
class mail, postage prepaid, including a copy of the affidavit or
certificate of mailing, to the party seeking the writ.

Subdivision (a) of Section 1013 does not apply to extend the
time, following deposit in the mail of the decision or findings,
within which a petition shall be filed.

(c)    The complete record of the proceedings shall be prepared by
the local agency or its commission, board, officer, or agent
which made the decision and shall be delivered to the petitioner
within 190 days after he has filed a written request therefor.
The local agency may recover from the petitioner its actual costs
for transcribing or otherwise preparing the record.  Such record
shall include the transcript of the proceedings, all pleadings,
all notices and orders, any proposed decision by a hearing
officer, the final decision, all admitted exhibits, all rejected
exhibits in the possession of the local agency or its commission,
board, officer, or agent, all written evidence, and any other
papers in the case.

(d)    If the petitioner files a request for the record as
specified in subdivision c within 10 days after the date the
decision becomes final as provided in subdivision (b), the time
within which a petition pursuant to Section 1094.5 may be filed
shall be extended to not later than the 30th day following the
date on which the record is either personally delivered or mailed
to the petitioner or his attorney of record, if he has one.

(e)    As used in this section, decision means a decision subject
to review pursuant to Section 1094.5, suspending, demoting, or
dismissing an officer or employee, revoking, or denying an
application for a permit, license, or other entitlement, or
denying an application for any retirement benefit or allowance.

(f)    In making a final decision as defined in subdivision (e),
the local agency shall provide notice to the party that the time
within which judicial review must be sought is governed by this
section.

As used in this subdivision, "party" means an officer or employee
who has been suspended, demoted or dismissed; a person whose
permit, license, or other entitlement has been revoked or
suspended, or whose application for a permit, license, or other
entitlement has been denied; or a person whose application for a
retirement benefit or allowance has been denied.

(g)    This section shall prevail over any conflicting provision in
any otherwise applicable law relating to the subject matter,
unless the conflicting provision is a state or federal law which
provides a shorter statute of limitations, in which case the
shorter statute of limitations shall apply.

1095.  If judgment be given for the applicant, the applicant may
recover the damages which the applicant has sustained, as found by
the jury, or as may be determined by the court or referee, upon a
reference to be ordered, together with costs; and a peremptory
mandate must also be awarded without delay.  Damages and costs may
be enforced in the manner provided for money judgments generally.
In  all cases where the respondent is an officer of a public
entity, all damages and costs, or either, which may be recovered or
awarded, shall be recovered and awarded against the public entity
represented by the officer, and not against the officer so
appearing in the proceeding, and are a proper claim against the
public entity for which the officer appeared and shall be paid as
other claims against the public entity are paid; but in all such
cases, the court shall first determine that the officer appeared
and made defense in the proceeding in good faith.  For the purpose
of this section, "public entity" includes the state, a county,
city, district or other public agency or public corporation. For
the purpose  of this section, "officer" includes officer, agent or
employee.

1096.  The writ must be served in the same manner as a summons in a
civil action, except when otherwise expressly directed by order of
the Court.  Service upon a majority of the members of any Board or
body, is service upon the Board or body, whether at the time of the
service the Board or body was in session or not.

1097.  Section Ten Hundred and Ninety-seven.  When a peremptory
mandate has been issued and directed to any inferior tribunal,
corporation, Board, or person, if it appear to the Court that any
member of such tribunal, corporation, or Board, or such person upon
whom the writ has been personally served, has, without just excuse,
refused or neglected to obey the same, the Court may, upon motion,
impose a fine not exceeding one thousand dollars.  In case of
persistence in a refusal of obedience, the Court may order the
party to be imprisoned until the writ is obeyed, and may make any
orders necessary and proper for the complete enforcement of the
writ.

1102.  The writ of prohibition arrests the proceedings of any
tribunal, corporation, board, or person exercising judicial
functions, when such proceedings are without or in excess of the
jurisdiction of such tribunal, corporation, board, or person.

1103.  It may be issued by any court, except municipal or justice
courts, to an inferior tribunal or to a corporation, board, or
person, in all cases where there is not a plain, speedy, and
adequate remedy in the ordinary course of law.  It is issued upon
the verified petition of the person beneficially interested.

1104.  The writ must be either alternative or peremptory.  The
alternative writ must command the party to whom it is directed to
desist or refrain from further proceedings in the action or matter
specified therein, until the further order of the court from which
it is issued, and to show cause before such court at a time and
place then or thereafter specified by court order why such party
should not be absolutely restrained from any further proceedings in
such action or matter.  The peremptory writ must be in a similar
form, except that the words requiring the party to show cause why
he should not be absolutely restrained must be omitted.

1105.  The provisions of the preceding Chapter, except of the first
four sections thereof, apply to this proceeding.

1107.  When an application is filed for the issuance of any
prerogative writ, the application shall be accompanied by proof of
service of a copy thereof upon the respondent and the real party in
interest named in such application.  The provisions of 
Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 shall
apply to the service of the application.  However, when a writ of
mandate is sought pursuant to the provisions of Section 1088.5,
the action may be filed and served in the same manner as an
ordinary action under Part 2 (commencing with Section 307).  Where the
real party in respondent's  interest is a board or commission, the
service shall be made upon the presiding officer, or upon the
secretary, or upon a majority of the members, of the board or
commission. Within five days after service and filing of the
application, the real party in interest or the respondent or both may
serve upon the applicant and file with the court points and
authorities in opposition to the granting of the writ.

The court in which the application is filed, in its discretion and for
good cause, may grant the application ex parte, without notice or
service of the application as herein provided.
The provisions of this section shall not be applicable to applications
for the writ of habeas corpus, or to applications for writs of review
of the Industrial Accident or Public Utilities Commissions.

1108.  Writs of review, mandate, and prohibition issued by the
Supreme Court, a court of appeal, or a superior court, may, in the
discretion of the court issuing the writ, be made returnable, and a
hearing thereon be had at any time.

1109.  Except as otherwise provided in this Title, the provisions of
Part II of the Code are applicable to and constitute the rules of
practice in the proceedings mentioned in this Title.

1110.  The provisions of Part II of this Code relative to new trials
and appeals, except in so far as they are inconsistent with the
provisions of this Title, apply to the proceedings mentioned in
this Title.

1110a.  If an appeal be taken from an order or judgment directing
the issuance of a writ of mandate commanding a party to deliver
water, for irrigation purposes, such appeal shall not stay the
operation of the order, judgment or writ as to the delivery of such
water, but such water must until the final determination of said
appeal be delivered as commanded by said writ; provided, that if
any expense is necessary to be incurred by the defendant in
connecting the water supply with the land to be irrigated, said
defendant shall not be obliged to furnish water unless the
plaintiff shall provide a bond in such sum as the court may fix,
conditioned that in the event of the judgment being reversed,
plaintiff will pay defendant the amount of the expense so incurred
not exceeding the amount of said bond.

1110b.  If an appeal be taken from an order or judgment granting
a writ of mandate the court granting the writ,
or the appellate court, may direct that the appeal
shall not operate as a stay of execution if it is
satisfied upon the showing made by the petitioner that he will
suffer irreparable damage in his business or profession if the
execution is stayed.

1132.  (a) A judgment by confession may be entered without action
either for money due or to become due, or to secure any person
against contingent liability on behalf of the defendant, or both,
in the manner prescribed by this chapter.  Such judgment may be
entered in any court having jurisdiction for like amounts.

(b) A judgment by confession shall be entered only if an attorney
independently representing the defendant signs a certificate that
the attorney has examined the proposed judgment and has advised the
defendant with respect to the waiver of rights and defenses under
the confession of judgment procedure and has advised the defendant
to utilize the confession of judgment procedure. The certificate
shall be filed with the filing of the statement required by Section 1133.

1133.  A statement in writing must be made, signed by the defendant,
and verified by his oath, to the following effect:

_1.It must authorize the entry of judgment for a specified sum;

_2.If it be for money due, or to become due, it must state concisely
the facts out of which it arose, and show that the sum confessed
therefor is justly due, or to become due;

_3.If it be for the purpose of securing the plaintiff against a
contingent liability, it must state concisely the facts
constituting the liability, and show that the sum confessed
therefor does not exceed the same.

1134.  In all courts the statement must be filed with the clerk of
the court in which the judgment is to be entered, who must endorse
upon it, and enter a judgment of such court for the amount
confessed with the costs hereinafter set forth.  At the time of
filing, the plaintiff shall pay as court costs which shall become a
part of the judgment the following fees: in superior courts fifteen
dollars ($15) and in municipal courts and justice courts ten
dollars ($10).  No fee shall be collected from the defendant.  No
fee shall be paid by the clerk of the court in which said
confession of judgment is filed for the law library fund nor for
services of any court reporter.  The statement and affidavit, with
the judgment endorsed thereon, becomes the judgment roll.

1138.  Parties to a question in difference, which might be the
subject of a civil action, may, without action, agree upon a case
containing the facts upon which the controversy depends, and
present a submission of the same to any Court which would have
jurisdiction if an action had been brought; but it must appear,
by affidavit, that the controversy is real and the proceedings in
good faith, to determine the rights of the parties.  The Court
must thereupon hear and determine the case, and render judgment
thereon, as if an action were depending.

1139.  Judgment must be entered as in other cases, but without
costs for any proceeding prior to the trial.  The case, the
submission, and a copy of the judgment constitute the judgment
roll.

1140.  The judgment may be enforced in the same manner as if it had
been rendered in an action in the same court, and is in the same
manner subject to appeal.

1141.10.    (a) The Legislature finds and declares that
litigation involving small civil claims has become so costly
and complex as to make more difficult the efficient resolution
of such civil claims that courts are unable to efficiently
resolve the increased number of cases filed each year, and
that the resulting delays and expenses deny parties their
right to a timely resolution of minor civil disputes.  The
Legislature further finds and declares that arbitration has
proven to be an efficient and equitable method for resolving
small claims, and that courts should encourage or require the
use of arbitration for such actions whenever possible.

(b) It is the intent of the Legislature that:

(1)    Arbitration hearings held pursuant to this chapter
shall provide parties with a simplified and economical
procedure for obtaining prompt and equitable resolution of
their disputes.

(2)    Arbitration hearings shall be as informal and private
as possible and shall provide the parties themselves maximum
opportunity to participate directly in the resolution of
their disputes, and shall be held during nonjudicial hours
whenever possible.

(3)    Members of the State Bar selected to serve as
arbitrators should have experience with cases of the type
under dispute and are urged to volunteer their services
without compensation whenever possible.

1141.11.    (a) In each superior court with 10 or more judges, all at-
issue civil actions pending on or filed after the operative date of
this chapter shall be submitted to arbitration, by the presiding
judge or the judge designated, under this chapter if the amount in
controversy in the opinion of the court will not exceed fifty
thousand dollars ($50,000) for each plaintiff, which decision shall
not be appealable.

(b)    In each superior court with less than 10 judges, the court
may provide by local rule, when it determines that it is in the
best interests of justice, that all at-issue civil actions
pending on or filed after the operative date of this chapter,
shall be submitted to arbitration by the presiding judge or the
judge designated under this chapter if the amount in controversy
in the opinion of the court will not exceed fifty thousand
dollars ($50,000) for each plaintiff, which decision shall not be
appealable.

(c)    In each municipal court district, the municipal court
district may provide by local rule, when it is determined to be
in the best interests of justice, that all at-issue civil actions
pending on or filed after the operative date of this chapter in
such judicial district, shall be submitted to arbitration by the
presiding judge or the judge designated under this chapter. This
section does not apply to any action in small claims court, or to
any action maintained pursuant to Section 1781 of the Civil Code
or Section 1161 of this code.

(d)    In each municipal court district which has adopted judicial
arbitration pursuant to subdivision c, all civil actions pending
on or after July 1, 1990, which involve a claim for money damages
against a single defendant as a result of a motor vehicle
collision, except those heard in the small claims division, shall
be submitted to arbitration within 120 days of the filing of the
defendant's answer to the complaint (except as may be extended by
the court for good cause) before an arbitrator selected by the
court, subject to disqualification for cause as specified in
Sections 170.1 and 170.6.

The court may provide by local rule for the voluntary or
mandatory use of case questionnaires, established under Section 93,
in any proceeding subject to these provisions.  Where local rules
provide for the use of case questionnaires, the questionnaires shall
be exchanged by the parties upon the defendant's answer and completed
and returned within 60 days.

For the purposes of this subdivision, the term "single
defendant" means (1) an individual defendant, whether a person
or an entity, (2) two or more persons covered by the same
insurance policy applicable to the motor vehicle collision,  or

(3)    two or more persons residing in the same household when no
insurance policy exists that is applicable to the motor vehicle
collision.  The naming of one or more cross-defendants, not a
plaintiff, shall constitute a multiple-defendant case not subject
to the provisions of this subdivision.

(e)    The provisions of this chapter shall not apply to those
actions filed in a superior or municipal court which has been
selected pursuant to Section 1823.1 and is participating in a
pilot project pursuant to Title 1 (commencing with Section 1823)
of Part 3.5; provided, however, that any superior or municipal
court may provide by local rule that the provisions of this
chapter shall apply to actions pending on or filed after July 1, 1979.

Any action filed in such court after the conclusion of the
pilot project shall be subject to the provisions of this chapter.

(f)    No local rule of a superior court providing for judicial
arbitration may dispense with the conference required pursuant to
Section 1141.16.

1141.12.    (a) In each superior court in which arbitration may be
had pursuant to subdivision (a) or (b) of Section 1141.11, upon
stipulation of the parties, any at-issue civil actions shall be
submitted to arbitration regardless of the amount in controversy.

(b)    In all other superior, municipal, and justice courts, the
Judicial Council shall provide by rule for a uniform system of
arbitration of the following causes:

(i)    Any cause upon stipulation of the parties, and

(ii)   Upon filing of an election by the plaintiff, any cause in
which the plaintiff agrees that the arbitration award shall not
exceed the amount in controversy as specified in Section 1141.11.

(c)    Any election by a plaintiff shall be filed no sooner than
the filing of the at-issue memorandum, and no later than 90
days before trial, or at a later time if permitted by the
court.

1141.13.    This chapter shall not apply to any civil action which
includes a prayer for equitable relief, except that if the prayer
for equitable relief is frivolous or insubstantial, this chapter
shall be applicable.

1141.14.    Notwithstanding any other provision of law except the
provisions of this chapter, the Judicial Council shall provide by
rule for practice and procedure for all actions submitted to
arbitration under this chapter.  The Judicial Council rules shall
provide for and conform with the provisions of this chapter.

1141.15.    The Judicial Council rules shall provide exceptions for
cause to arbitration pursuant to subdivision (a), (b), or c of
Section 1141.11.  In providing for such exceptions, the Judicial
Council shall take into consideration whether the civil action
might not be amenable to arbitration.

1141.16.    (a) The determination of the amount in controversy, under
subdivision (a) or (b) of Section 1141.11 and Section 1141.12,
shall be made by the court and the case submitted to arbitration at
any conference at which all parties are present or represented by
counsel.  Such conference shall be held no later than three months
after the at-issue memorandum is filed or no later than 90 days
before trial, whichever occurs first.  At that time the court shall
make a determination whether any prayer for equitable relief is
frivolous or insubstantial, which decision shall not be appealable.
The date of such conference may be postponed upon motion of any
party for good cause shown.  No determination pursuant to this
section shall be made if all parties stipulate in writing that the
amount in controversy exceeds the amount specified in
Section 1141.11.

(b) The determination and any stipulation of the amount in
controversy shall be without prejudice to any finding on the value
of the case by an arbitrator or in a subsequent trial de novo.  The
determination shall be based on the total amount of damages, and
the judge shall not consider questions of liability or comparative
negligence or other defenses.

(c)    The case shall be submitted to arbitration at an earlier
time upon the written request of all plaintiffs, subject to a
motion by a defendant for good cause shown to delay the
arbitration hearing.

(d)    In cases submitted to arbitration pursuant to Section 1141.11
or subdivision (a) of Section 1141.12 or paragraph (i) of
subdivision (b) of Section 1141.12, an arbitrator shall be assigned
to hear a case within 30 days from the time of its submission to
arbitration.

1141.17.    (a) Submission of an action to arbitration pursuant to
this chapter shall not suspend the running of the time periods
specified in Chapter 1.5 (commencing with Section 583.110) of
Title 8 of Part 2, except as provided in this section.

(b) If an action is or remains submitted to arbitration pursuant
to this chapter more than four years and six months after the
plaintiff has filed the action, then the time beginning on the
date four years and six months after the plaintiff has filed the
action and ending on the date on which a request for a de novo
trial is filed under Section 1141.20 shall not be included in
computing the five-year period specified in Section 583.310.

1141.18.    (a) Arbitrators shall be retired judges or members of
the State Bar, and shall sit individually.  A judge may also
serve as an arbitrator without compensation.  People who are not
attorneys may serve as arbitrators upon the stipulation of all
parties.

(b)    The Judicial Council rules shall provide for the
compensation, if any, of arbitrators, except that no
compensation shall be paid prior to the filing of the award by
the arbitrator, or prior to the settlement of the case by the
parties.  Compensation for arbitrators shall, unless waived in
whole or in part, be one hundred fifty dollars ($150) per
case, or one hundred fifty dollars ($150) per day, whichever
is greater, except that the board of supervisors of a county
or a city and county may set a higher level of compensation
for that county or city and county.

(c)    The board of governors of the State Bar shall provide by
rule for the method of selection of arbitrators after
consulting with administrative committees established pursuant
to Rule 1603 of the Judicial Arbitration Rules for Civil Cases and
with county bar associations in counties where there
are no administrative committees.  These rules shall
provide for specialized panels and shall become operative
upon approval of the Judicial Council.

(d)    Any party may request the disqualification of the arbitrator
selected for his or her case on the grounds and by the procedures
specified in Section 170.1 or 170.6.  A request for
disqualification of an arbitrator on grounds specified in Section 170.6
shall be made within five days of the naming of the
arbitrator.  An arbitrator shall disqualify himself or herself,
upon demand of any party to the arbitration made before the
conclusion of the arbitration proceedings on any of the grounds
specified in Section 170.1.

1141.19.    Arbitrators approved pursuant to this chapter shall have
the powers necessary to perform duties pursuant to this chapter as
prescribed by the Judicial Council.

1141.19.5.  In any arbitration proceeding under this chapter,
no party may require the production
of evidence specified in subdivision (a) of Section 3295 of the
Civil Code at the arbitration, unless the court enters an order
permitting pretrial discovery of that evidence pursuant to
subdivision (a) of Section 3295 of the Civil Code.

1141.20.    (a) An arbitration award shall be final unless a request
for a de novo trial is filed within 30 days after the date the
arbitrator files the award with the court.

(b) Any party may elect to have a de novo trial, by court or jury,
both as to law and facts.  Such trial shall be calendared, insofar
as possible, so that the trial shall be given the same place on the
active list as it had prior to arbitration, or shall receive civil
priority on the next setting calendar.

1141.21.    (a) If the judgment upon the trial de novo is not more
favorable in either the amount of damages awarded or the type of
relief granted for the party electing the trial de novo than the
arbitration award, the court shall order that party to pay the
following nonrefundable costs and fees, unless the court finds in
writing and upon motion that the imposition of such costs and fees
would create such a substantial economic hardship as not to be in
the interest of justice:

(i)    To the county, the compensation actually paid to the
arbitrator, less any amount paid pursuant to paragraph (iv).

(ii)   To the other party or parties, all costs specified in
Section 1033.5, and the party electing the trial de novo shall not
recover his or her costs.

(iii)  To the other party or parties, the reasonable costs of the
services of expert witnesses, who are not regular employees of
any party, actually incurred or reasonably necessary in the
preparation or trial of the case.

(iv)   To the other party or parties, the compensation paid by the
other party or parties to the arbitrator, pursuant to subdivision (b)
of Section 1141.28. Such costs and fees, other than the
compensation of the arbitrator, shall include only those incurred
from the time of election of the trial de novo.

(b)    If the party electing the trial de novo has proceeded in the
action in forma pauperis and has failed to obtain a more
favorable judgment, the costs and fees under paragraphs (ii) and (iii)
of subdivision (a) shall be imposed only as an offset against
any damages awarded in favor of that party.

(c)    If the party electing the trial de novo has proceeded in the
action in forma pauperis and has failed to obtain a more
favorable judgment, the costs under paragraph (i) of subdivision (a)
shall be imposed only to the extent that there  remains a
sufficient amount in the judgment after the amount offset under
subdivision (b) has been deducted from the judgment.

1141.22.    The Judicial Council rules shall specify the grounds
upon which the arbitrator or the court, or both, may correct,
modify or vacate an award.

1141.23.    The arbitration award shall be in writing, signed by
the arbitrator and filed in the court in which the action is
pending.  If there is no request for a de novo trial and the
award is not vacated, the award shall be entered in the judgment
book in the amount of the award.  Such award shall have the same
force and effect as a judgment in any civil action or proceeding,
except that it is not subject to appeal and it may not be
attacked or set aside except as provided by Section 473, 1286.2,
or Judicial Council rule.

1141.24.    In cases ordered to arbitration pursuant to subdivision (a)
of Section 1141.16, absent a stipulation to the contrary, no
discovery other than that permitted by Section 2034 is
permissible after an arbitration award except by leave of court
upon a showing of good cause.

1141.25.    Any reference to the arbitration proceedings or
arbitration award during any subsequent trial shall constitute an
irregularity in the proceedings of the trial for the purposes of
Section 657.

1141.26.    Nothing in this act shall prohibit an arbitration award
in excess of the amount in controversy as specified in Section 1141.11.
No party electing a trial de novo after such award
shall be subject to the provisions of Section 1141.21 if the
judgment upon the trial de novo is in excess of the amount in
controversy as specified in Section 1141.11.

1141.27.    This chapter shall apply to any civil action otherwise
within the scope of this chapter in which a party to the action
is a public agency or public entity.

1141.28.    (a) All administrative costs of arbitration, including
compensation of arbitrators, shall be paid for by the county in
which the arbitration costs are incurred, except as otherwise
provided in subdivision (b) and in Section 1141.21.

(b)    The actual costs of compensation of arbitrators in  any
proceeding which would not otherwise be subject to the provisions
of this chapter but in which arbitration is conducted pursuant to
this chapter solely because of the stipulation of the parties,
shall be paid for in equal shares by the parties.  If the
imposition of these costs would create such a substantial economic
hardship for any party as not to be in the interest of justice, as
determined by the arbitrator, that party's share of costs shall be
paid for by the county in which the arbitration costs are incurred.
The determination as to substantial economic hardship may be
reviewed by the court.

1141.29.    The Judicial Council shall, by rule, require each
superior and municipal court subject to the provisions of this
chapter to file with it such data as will enable it to provide,
on or before January 1, 1984, a report to the Governor and the
Legislature which shall serve as a comprehensive review of the
effectiveness of this chapter, and which shall include
recommendations for future action.

The Judicial Council, in consultation with the Department of
Finance and the Auditor General, shall include in its study an
estimate of the potential costs or savings, if any, should the
program be continued beyond the life of the act.

1141.30.    This chapter shall not be construed in derogation of
Title 9 (commencing with Section 1280) of Part 3, and, to that
extent, this chapter and that title, other than Section 1280.1,
are mutually exclusive and independent of each other.

1141.31.    The provisions of this chapter shall become operative
July 1, 1979, except that the Judicial Council shall adopt the
arbitration rules for practice and procedures on or before
March 31, 1979.

1159.  Every person is guilty of a forcible entry who either:

_1.By breaking open doors, windows, or other parts of a house, or
by any kind of violence or circumstance of terror enters upon
or into any real property; or,

_2.Who, after entering peaceably upon real property, turns out by
force, threats, or menacing conduct, the party in possession.
The "party in possession" means any person who hires real property and
includes a boarder or lodger, except those persons whose occupancy is
described in subdivision (b) of Section 1940 of the Civil Code.

1160.  Every person is guilty of a forcible detainer who either:

_1. By force, or by menaces and threats of violence, unlawfully holds
and keeps the possession of any real property, whether the same
was acquired peaceably or otherwise; or,

_2. Who, in the night-time, or during the absence of the occupant of
any lands, unlawfully enters upon real property, and who, after
demand made for the surrender thereof, for the period of five
days, refuses to surrender the same to such former occupant.
The occupant of real property, within the meaning of this subdivision,
is one who, within five days preceding such unlawful entry, was in the
peaceable and undisturbed possession of such lands.

1161.  A tenant of real property, for a term less than life, or the
executor or administrator of his estate heretofore qualified and
now acting or hereafter to be qualified and act, is guilty of
unlawful detainer:

_1. When he continues in possession, in person or by subtenant, of
the property, or any part thereof, after the expiration of the
term for which it is let to him; provided such expiration is of a
nondefault nature however brought about without the permission of
his landlord, or the successor in estate of his landlord, if any
there be; including the case where the person to be removed
became the occupant of the premises as a servant, employee,
agent, or licensee and the relation of master and servant or
employer and employee or principal and agent or licensor and
licensee has been lawfully terminated or the time fixed for such
occupancy by the agreement between the parties has expired; but
nothing in this subdivision contained shall be construed as
preventing the removal of such occupant in any other lawful
manner; but in case of a tenancy at will, it must first be
terminated by notice, as prescribed in the Civil Code.

_2. When he continues in possession, in person or by subtenant,
without the permission of his landlord, or the successor in
estate of his landlord, if any there be, after default in the
payment of rent, pursuant to the lease or agreement under which
the property is held, and three days' notice, in writing,
requiring its payment, stating the amount which is due, or
possession of the property, shall have been served upon him and
if there is a subtenant in actual occupation of the premises,
also upon such subtenant.

Such notice may be served at any time within one year after the
rent becomes due.  In all cases of tenancy upon agricultural
lands, where the tenant has held over and retained possession for
more than 60 days after the expiration of the term without any
demand of possession or notice to quit by the landlord or the
successor in estate of his landlord, if any there be, he shall be
deemed to be holding by permission of the landlord or successor
in estate of his landlord, if any there be, and shall be entitled
to hold under the terms of the lease for another full year, and
shall not be guilty of an unlawful detainer during said year, and
such holding over for the period aforesaid shall be taken and
construed as a consent on the part of a tenant to hold for
another year.

_3. When he continues in possession, in person or by subtenant, after
a neglect or failure to perform other conditions or covenants of
the lease or agreement under which the property is held,
including any covenant not to assign or sublet, than the one for
the payment of rent, and three days' notice, in writing,
requiring the performance of such conditions or covenants, or the
possession of the property, shall have been served upon him, and
if there is a subtenant in actual occupation of the premises,
also, upon such subtenant.  Within three days after the service
of the notice, the tenant, or any subtenant in actual occupation
of the premises, or any mortgagee of the term, or other person
interested in its continuance, may perform the conditions or
covenants of the lease or pay the stipulated rent, as the case
may be, and thereby save the lease from forfeiture; provided, if
the conditions and covenants of the lease, violated by the
lessee, cannot afterward be performed, then no notice, as last
prescribed herein, need be given to said lessee or his subtenant,
demanding the performance of the violated conditions or covenants
of the lease.

A tenant may take proceedings, similar to those prescribed in
this chapter, to obtain possession of the premises let to a
subtenant or held by a servant, employee, agent, or licensee, in
case of his unlawful detention of the premises underlet to him or
held by him.

_4. Any tenant, subtenant, or executor or administrator of his estate
heretofore qualified and now acting, or hereafter to be qualified
and act, assigning or subletting or committing waste upon the
demised premises, contrary to the conditions or covenants of his
lease, or maintaining, committing, or permitting the maintenance
or commission of a nuisance upon the demised premises or using
such premises for an unlawful purpose, thereby terminates the
lease, and the landlord, or his successor in estate, shall upon
service of three days' notice to quit upon the person or persons
in possession, be entitled to restitution of possession of such
demised premises under the provision of this chapter.

_5.When he gives written notice as provided in Section 1946 of the
Civil Code of his intention to terminate the hiring of the real
property, or makes a written offer to surrender which is accepted
in writing by the landlord, but fails to deliver up possession at
the time specified in said written notice, without the permission
of his landlord, or the successor in estate of the landlord, if
any there be.

As used in this section, tenant includes any person who hires
real property except those persons whose occupancy is described
in subdivison (b) of Section 1940 of the Civil Code.  1161a.  (a)
As used in this section:

(1)    "Manufactured home" has the same meaning as provided in
Section 18007 of the Health and Safety Code.

(2)    "Mobilehome" has the same meaning as provided in
Section 18008 of the Health and Safety Code.

(3)    "Floating home" has the same meaning as provided in
subdivision (d) of Section 18075.55 of the Health and Safety
Code.

(b) In any of the following cases, a person who holds over and
continues in possession of a manufactured home, mobilehome, floating
home, or real property after a three-day written notice to quit the
property has been served upon the person, or if there is a subtenant
in actual occupation of the premises, also upon such subtenant, as
prescribed in Section 1162, may be removed therefrom as prescribed in
this chapter:

(1)    Where the property has been sold pursuant to a writ of
execution against such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.

(2)    Where the property has been sold pursuant to a writ of sale,
upon the foreclosure by proceedings taken as prescribed in this
code of a mortgage, or under an express power of sale contained
therein, executed by such person, or a person under whom such
person claims, and the title under the foreclosure has been duly
perfected.

(3)    Where the property has been sold in accordance with
Section 2924 of the Civil Code, under a power of sale contained in a
deed of trust executed by such person, or a person under whom such
person claims, and the title under the sale has been duly perfected.

(4)    Where the property has been sold by such person, or a person
under whom such person claims, and the title under the sale has
been duly perfected.

(5)    Where the property has been sold in accordance with
Section 18037.5 of the Health and Safety Code under the default
provisions of a conditional sale contract or security agreement
executed by such person, or a person under whom such person claims,
and the title under the sale has been duly perfected.

(c)    Notwithstanding the provisions of subdivision (b), a tenant
or subtenant in possession of a rental housing unit which has
been sold by reason of any of the causes enumerated in
subdivision (b), who rents or leases the rental housing unit
either on a periodic basis from week to week, month to month, or
other interval, or for a fixed period of time, shall be given
written notice to quit pursuant to Section 1162, at least as long
as the term of hiring itself but not exceeding 30 days, before
the tenant or subtenant may be removed therefrom as prescribed in
this chapter.

(d)    For the purpose of subdivision c, "rental housing unit"
means any structure or any part thereof which is rented or
offered for rent for residential occupancy in this state.

1161.1.With respect to application of Section 1161 in cases of
possession of commercial real property after default in the payment
of rent:

(a)    If the amount stated in the notice provided to the tenant
pursuant to subdivision (2) of Section 1161 is clearly identified
by the notice as an estimate and the amount claimed is not in
fact correct, but it is determined upon the trial or other
judicial determination that rent was owing, and the amount
claimed in the notice was reasonably estimated, the tenant shall
be subject to judgment for possession and the actual amount of
rent and other sums found to be due.  However, if (1) upon
receipt of such a notice claiming an amount identified by the
notice as an estimate, the tenant tenders to the landlord within
the time for payment required by the notice, the amount which the
tenant has reasonably estimated to be due and (2) if at trial it
is determined that the amount of rent then due was the amount
tendered by the tenant or a lesser amount, the tenant shall be
deemed the prevailing party for all purposes.  If the court
determines that the amount so tendered by the tenant was less
than the amount due, but was reasonably estimated, the tenant
shall retain the right to possession if the tenant pays to the
landlord within five days of the effective date of the judgment

(1) the amount previously tendered if it had not been previously
accepted, (2) the difference between the amount tendered and the
amount determined by the court to be due, and (3) any other sums
as ordered by the court.

(b)    If the landlord accepts a partial payment of rent, including
any payment pursuant to subdivision (a), after serving notice
pursuant to Section 1161, the landlord, without any further
notice to the tenant, may commence and pursue an action under
this chapter to recover the difference between the amount
demanded in that notice and the payment actually received, and
this shall be specified in the complaint.

(c)    If the landlord accepts a partial payment of rent after
filing the complaint pursuant to Section 1166, the landlord's
acceptance of the partial payment is evidence only of that
payment, without waiver of any rights or defenses of any of the
parties.  The landlord shall be entitled to amend the complaint
to reflect the partial payment without creating a necessity for
the filing of an additional answer or other responsive pleading
by the tenant, and without prior leave of court, and such an
amendment shall not delay the matter from proceeding.  However,
this subdivision shall apply only if the landlord provides actual
notice to the tenant that acceptance of the partial rent payment
does not constitute a waiver of any rights, including any right
the landlord may have to recover possession of the property.

(d)    "Commercial real property" as used in this section, means
all real property in this state except dwelling units made
subject to Chapter 2 (commencing with Section 1940) of Title 5 of
Part 4 of Division 3 of the Civil Code,  mobilehomes as defined
in Section 798.3 of the Civil Code, or recreational vehicles as
defined in Section 799.24 of the Civil Code.

(e)    For the purposes of this section, there is a presumption
affecting the burden of proof that the amount of rent claimed or
tendered is reasonably estimated if, in relation to the amount
determined to be due upon the trial or other judicial
determination of that issue, the amount claimed or tendered was
no more than 20 percent more or less than the amount determined
to be due.  However, if the rent due is contingent upon
information primarily within the knowledge of the one party to
the lease and that information has not been furnished to, or has
not accurately been furnished to, the other party, the court
shall consider that fact in determining the reasonableness of the
amount of rent claimed or tendered pursuant to subdivision (a).

1161.2.(a) Except as provided in subdivision (g), in any case filed
under this chapter, the clerk of a court shall not allow access to
the court file, index, register of actions, or other court records
until 60 days following the date the complaint is filed, except
pursuant to an ex parte court order upon a showing of good cause
therefor by any person including, but not limited to, a newspaper
publisher.  However, the clerk of the court shall allow access to
the court file to a party in the action, an attorney of a party in
the action, or any other person who (1) provides
to the clerk the names of at least one plaintiff,
one defendant, and the address, including the apartment, unit, or
space number, if applicable, of the subject premises, or (2)
provides to the clerk the name of one of the parties or the case
number and can establish through proper identification that he or
she resides at the subject premises.

(b) For purposes of this section "good cause" includes, but is
not limited to, the gathering of newsworthy facts by a person
described in Section 1070 of the Evidence Code.  It is the intent
of the Legislature that a simple procedure be established to
request the ex parte order described in subdivision (a).

(c)    Except as provided in subdivision (g), upon the filing of
any case so restricted, the clerk of the municipal court shall
mail notice to each defendant named in the action.  The notice
shall be mailed to the address provided in the complaint.  The
notice shall contain a statement that an unlawful detainer
complaint (eviction action) has been filed naming that party
as a defendant, and that access to the court file will be
delayed for 60 days except to a party, an attorney for one of
the parties, or any other person who (1) provides to the clerk
the names of at least one plaintiff and one defendant in the
action and provides to the clerk the address, including any
applicable apartment, unit, or space number, of the subject
premises, or

(2)    provides to the clerk the name of one of the parties in the
action or the case number and can establish through proper
identification that he or she lives at the subject premises.
The notice shall also contain a statement that access to the
court index, register of actions, or other records is not
permitted until 60 days after the complaint is filed, except
pursuant to an ex parte order upon a showing of good cause
therefor.  The notice shall contain on its face the name and
phone number of the county bar association and the name and
phone number of an office funded by the federal Legal Services
Corporation which provides legal services to low-income persons
in the county in which the action is filed.  The notice shall
state that these numbers may be called for legal advice
regarding the case.  The notice shall be issued between 24 and 48
hours of the filing of the complaint, excluding weekends and
holidays.  One copy of the notice shall be addressed to "all
occupants" and mailed separately to the subject premises.  The notice
shall not constitute service of the summons and complaint.

(d)    Notwithstanding any other provision of law, the court shall,
upon adoption of a resolution by the board of supervisors
requiring such a fee, charge an additional fee for filing a first
appearance by the plaintiff in an amount equal in the aggregate
to the actual cost of complying with this section, but which
shall not exceed a maximum of four dollars ($4).  This fee shall
be included as part of the total filing fee for actions filed
under this chapter.  Any such board resolution in effect on
January 1, 1994, shall remain in effect until it is repealed.

(e)    A municipal court, after consultation with local
associations of rental property owners, tenant groups, and
providers of legal services to tenants, may exempt itself from
the operation of this section upon a finding that unscrupulous
eviction defense services are not a substantial problem in the
judicial district.  The court shall review the finding every 12
months.  An exempt court shall not charge the additional
fee authorized in subdivision (d).

(f)    The Judicial Council shall examine the extent to which
requests for access to files pursuant to an ex parte order
under subdivision (a) are granted or denied, and if denied,
the reason for the denial of access.

(g)    This section shall not apply to a case which seeks to
terminate a mobilehome park tenancy if the statement of the
character of the proceeding in the caption of the complaint
clearly indicates that the complaint seeks termination of a
mobilehome park tenancy.

1161.5.  When the notice required by Section 1161 states that the
lessor or the landlord may elect to declare the forfeiture of the
lease or rental agreement, that declaration shall be nullified and the
lease or rental agreement shall remain in effect if the lessee or
tenant performs within three days after service of the notice or if
the breach is waived by the lessor or the landlord after service of
the notice.

1162.  The notices required by sections 1161 and 1161a may be served,
either:

_1.By delivering a copy to the tenant personally; or,

_2.If he be absent from his place of residence, and from his usual
place of business, by leaving a copy with some person of suitable
age and discretion at either place, and sending a copy through
the mail addressed to the tenant at his place of residence; or,

_3.If such place of residence and business can not be ascertained,
or a person of suitable age or discretion there can not be found,
then by affixing a copy in a conspicuous place on the property,
and also delivering a copy to a person there residing, if such
person can be found; and also sending a copy through the mail
addressed to the tenant at the place where the property is
situated.  Service upon a subtenant may be made in the same
manner.

1162a.  In any case in which service or exhibition of a receiver's or
levying  officer's deed is required, in lieu thereof service of a copy
or copies of the deed may be made as provided in Section 1162.

1164.  No person other than the tenant of the premises and subtenant,
if there be one, in the actual occupation of the premises when the
complaint is filed, need be made parties defendant in the
proceeding, nor shall any proceeding abate, nor the plaintiff be
nonsuited for the nonjoinder of any person who might have been made
party defendant, but when it appears that any of the parties served
with process, or appearing in the proceeding, are guilty of the
offense charged, judgment must be rendered against him or her.  In
case a defendant has become a subtenant of the premises in
controversy, after the service of the notice provided for by
subdivision 2 of Section 1161 of this code, upon the tenant of the
premises, the fact that such notice was not served on each
subtenant shall constitute no defense to the action.  All persons
who enter the premises under the tenant, after the commencement of
the suit, shall be bound by the judgment, the same as if he or they
had been made party to the action.

1165.  Except as provided in the preceding section, the provisions of
Part II of this Code, relating to parties to civil actions, are
applicable to this proceeding.

1166.  The plaintiff, in his complaint, which shall be verified, must
set forth the facts on which he seeks to recover, and describe the
premises with reasonable certainty, and may set forth therein any
circumstances of fraud, force, or violence which may have
accompanied the alleged forcible entry or forcible or unlawful
detainer, and claim damages therefor.  In case the unlawful
detainer charged is after default in the payment of rent, the
complaint must state the amount of such rent.  Upon filing the
complaint, a summons must be issued thereon.

1166a.  (a) Upon filing the complaint, the plaintiff may, upon motion,
have immediate possession of the premises by a writ of possession of a
manufactured home, mobilehome, or real property issued by the court
and directed to the sheriff of the county, or constable or marshal,
for execution, where it appears to the satisfaction of the court,
after a hearing on the motion, from the verified complaint and from
any affidavits filed or oral testimony given by or on behalf of the
parties, that the defendant resides out of state, has departed from
the state, cannot, after due diligence, be found within the state, or
has concealed himself or herself to avoid the service of summons.  The
motion shall indicate that the writ applies to all tenants,
subtenants, if any, named claimants, if any, and any other occupants
of the premises.

(b)    Written notice of the hearing on the motion shall be served
on the defendant by the plaintiff in accordance with the
provisions of Section 1011, and shall inform the defendant as
follows:  "You may file affidavits on your own behalf with the
court and may appear and present testimony on your own behalf.
However, if you fail to appear, the plaintiff will apply to the
court for a writ of possession of a manufactured home,
mobilehome, or real property."

(c)    The plaintiff shall file an undertaking in such sum as shall
be fixed and determined by the judge, to the effect that, if the
plaintiff fails to recover judgment against  the defendant for
the possession of the premises or if the suit is dismissed, the
plaintiff will pay to the defendant such damages, not to exceed
the amount fixed in the undertaking, as may be sustained by the
defendant by reason of such dispossession under the writ of
possession of a manufactured home, mobilehome, or real property.

(d)    If, at the hearing on the motion, the findings of the court
are in favor of the plaintiff and against the defendant, an order
shall be entered for the immediate possession of the premises.

(e)    The order for the immediate possession of the premises may
be enforced as  provided in Division 3 (commencing with
Section 712.010) of Title 9 of Part 2.

(f)    For the purposes of this section, references in
Division 3 (commencing with Section 712.010) of Title 9 of Part 2 and in
subdivisions (e) to (m), inclusive, of Section 1174, to the "judgment
debtor" shall be deemed references to the defendant, to the "judgment
creditor" shall be deemed references to the plaintiff, and to the
"judgment of possession or sale of property" shall be deemed
references to an order for the immediate possession of the premises.

1167.  The summons shall be in the form specified in Section 412.20
except that when the defendant is served, the defendant's
response shall be filed within five days, including Saturdays and
Sundays but excluding all other judicial holidays, after the
complaint is served upon him or her.  If the last day for filing
the response falls on a Saturday or Sunday, the response period
shall be extended to and including the next court day.
In all other respects the summons shall be issued and served and
returned in the same manner as a summons in a civil action.

1167.3.In any action under this chapter, unless otherwise ordered
by the court for good cause shown, the time allowed the defendant
to answer the complaint, answer the complaint, if amended, or
amend the answer under subdivision (2), (3), (5), (6), or (7) of
Section 586 shall not exceed five days.

1167.4.Notwithstanding any other provision of law, in any action
under this chapter:

(a)    Where the defendant files a notice of motion as provided
for in subdivision (a) of Section 418.10, the time for making
the motion shall be not less than three days nor more than
seven days after the filing of the notice.

(b)    The service and filing of a notice of motion under
subdivision (a) shall extend the defendant's time to plead
until five days after service upon him of the written notice
of entry of an order denying his motion, except that for good
cause shown the court may extend the defendant's time to plead
for an additional period not exceeding 15 days.

1167.5.Unless otherwise ordered by the court for good cause shown, no
extension of time allowed in any action under this chapter for the
causes specified in Section 1054 shall exceed 10 days without the
consent of the adverse party.

1169.  If at the time appointed any defendant served with a summons
does not appear and defend, the clerk, or the judge if there is
no clerk, upon written application of the plaintiff and proof of
the service of summons and complaint, shall enter the default of
any defendant so served, and, if requested by the plaintiff,
immediately shall enter judgment for restitution of the premises
and shall issue a writ of execution thereon.  The application for
default judgment and the default judgment shall include a place
to indicate that the judgment includes tenants, subtenants, if
any, named claimants, if any, and any other occupants of the
premises.  Thereafter, the plaintiff may apply to the court for
any other relief demanded in the complaint, including the costs,
against the defendant, or defendants, or against one or more of
the defendants.

1170.  On or before the day fixed for his appearance, the defendant
may appear and answer or demur.

1170.5.(a) If the defendant appears pursuant to Section 1170, trial
of the proceeding shall be held not later than the 20thth day
following the date that the request to set the time of the trial is
made.  Judgment shall be entered thereon and, if the plaintiff
prevails, a writ of execution shall be issued immediately by the
court upon the request of the plaintiff.

(b)    The court may extend the period for trial upon the agreement
of all of the parties.  No other extension of the time for trial
of an action under this chapter may be granted unless the court,
upon its own motion or on motion of any party, holds a hearing
and renders a decision thereon as specified in subdivision c.

(c)    If trial is not held within the time specified in this
section, the court, upon finding that there is a reasonable
probability that the plaintiff will prevail in the action, shall
determine the amount of damages, if any, to be suffered by the
plaintiff by reason of the extension, and shall issue an order
requiring the defendant to pay that amount into court as the rent
would have otherwise become due and payable or into an escrow
designated by the court for so long as the defendant remains in
possession pending the termination of the action.
The determination of the amount of the payment shall be based on
the plaintiff's verified statement of the contract rent for
rental payment, any verified objection thereto filed by the
defendant, and the oral or demonstrative evidence presented at
the hearing.  The court's determination of the amount of damages
shall include consideration of any evidence, presented by the
parties, embracing the issue of diminution of value or any set
off permitted by law.

(d)    If the defendant fails to make a payment ordered by the
court, trial of the action shall be held within 15 days of the
date payment was due.

(e)    Any cost for administration of an escrow account pursuant to
this section  shall be recoverable by the prevailing party as
part of any recoverable cost in  the action.

(f)    After trial of the action, the court shall determine the
distribution of the payment made into court or the escrow
designated by the court.

(g)    Where payments into court or the escrow designated by the
court are made pursuant to this section, the court may order that
the payments be invested in an insured interest-bearing account.
Interest on the account shall be allocated to the parties in the
same proportions as the original funds are allocated.

(h)    If any provision of this section or the application thereof
to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the section
which can be given effect without the invalid provision or
application, and to this end the provisions of this section are
severable.

(i)    Nothing in this section shall be construed to abrogate or
interfere with the precedence given to the trial of criminal
cases over the trial of civil matters by Section 1050 of the
Penal Code.

1170.7.A motion for summary judgment may be made at any time after
the answer is filed upon giving five days notice.  Summary judgment
shall be granted or denied on the same basis as a motion under
Section 437c.

1171.  Whenever an issue of fact is presented by the pleadings, it
must be tried by a jury, unless such jury be waived as in other
cases.  The jury shall be formed in the same manner as other
trial juries in the Court in which the action is pending.

1172.  On the trial of any proceeding for any forcible entry or
forcible detainer, the plaintiff shall only be required to show,
in addition to the forcible entry or forcible detainer complained
of, that he was peaceably in the actual possession at the time of
the forcible entry, or was entitled to the possession at the time
of the forcible detainer.  The defendant may show in his defense
that he or his ancestors, or those whose interest in such
premises he claims, have been in the quiet possession thereof for
the space of one whole year together next before the commencement
of the proceedings, and that his interest therein is not then
ended or determined; and such showing is a bar to the
proceedings.

1173.  When, upon the trial of any proceeding under this chapter,
it appears from the evidence that the defendant has been guilty
of either a forcible entry or a forcible or unlawful detainer,
and other than the offense charged in the complaint, the Judge
must order that such complaint be forthwith amended to conform to
such proofs; such amendment must be made without any imposition
of terms.  No continuance shall be permitted upon account of such
amendment unless the defendant, by affidavit filed, shows to the
satisfaction of the Court good cause therefor.

1174.  (a) If upon the trial, the verdict of the jury, or, if the
case be tried without a jury, the findings of the court be in
favor of the plaintiff and against the defendant, judgment shall
be entered for the possession of the premises; and if the
proceedings be for an unlawful detainer after neglect, or failure
to perform the conditions or covenants of the lease or agreement
under which the property is held, or after default in the payment
of rent, the judgment shall also declare the forfeiture of that
lease or agreement if the notice required by Section 1161 states
the election of the landlord to declare the forfeiture thereof,
but if that notice does not so state that election, the lease or
agreement shall not be forfeited.

Except as provided in Section 1166a, in any action for unlawful
detainer brought by a petroleum distributor against a gasoline
dealer, possession shall not be restored to the petroleum
distributor unless the court in the unlawful detainer action
determines that the petroleum distributor had good cause under
Section 20999.1 of the Business and Professions Code to
terminate, cancel, or refuse to renew the franchise of the
gasoline dealer.

In any action for unlawful detainer brought by a petroleum
distributor against the gasoline dealer, the court may, at the
time of request of either party, require the tenant to make
rental payments into the court, for the lessor, at the contract
rate, pending the resolution of the action.

(b)    The jury or the court, if the proceedings be tried
without a jury, shall also assess the damages occasioned to
the plaintiff by any forcible entry, or by any forcible or
unlawful detainer, alleged in the complaint and proved on the
trial, and find the amount of any rent due, if the alleged
unlawful detainer be after default in the payment of rent.  If
the defendant is found guilty of forcible entry, or forcible
or unlawful detainer, and malice is shown, the plaintiff may
be awarded statutory damages of up to six hundred dollars ($600),
in addition to actual damages, including rent found
due.  The trier of fact shall determine whether actual
damages, statutory damages, or both, shall be awarded, and
judgment shall be entered accordingly.

(c)    When the proceeding is for an unlawful detainer after
default in the payment of rent, and the lease or agreement
under which the rent is payable has not by its terms expired,
and the notice required by Section 1161 has not stated the
election of the landlord to declare the forfeiture thereof,
the court may, and, if the lease or agreement is in writing,
is for a term of more than one year, and does not contain a
forfeiture clause, shall order that a writ shall not be issued
to enforce the judgment until the expiration of five days
after the entry of the judgment, within which time the tenant,
or any subtenant, or any mortgagee of the term, or any other
party interested in its continuance, may pay into the court,
for the landlord, the amount found due as rent, with interest
thereon, and the amount of the damages found by the jury or
the court for the unlawful detainer, and the costs of the
proceedings, and thereupon the judgment shall be satisfied and
the tenant be restored to the tenant's estate.  If payment as
provided in this subdivision is not made within five days, the
judgment may be enforced for its full amount and for the
possession of the premises.  In all other cases the judgment
may be enforced immediately.

(d)    Subject to subdivision c, the judgment for possession of
the premises may be enforced as provided in
Division 3 (commencing with Section 712.010) of Title 9 of Part 2.

(e)    Personal property remaining on the premises which the
landlord reasonably believes to have been lost shall be
disposed of pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the
Civil Code.  The landlord is not liable to the owner of any
property which is disposed of in this manner.  If the
appropriate police or sheriff's department refuses to accept
that property, it shall be deemed not to have been lost for
the purposes of this subdivision.

(f)    The landlord shall give notice pursuant to Section 1983
of the Civil Code to any person (other than the tenant)
reasonably believed by the landlord to be the owner of
personal property remaining on the premises unless the
procedure for surrender of property under Section 1965 of the
Civil Code has been initiated or completed.

(g)    The landlord shall store the personal property in a place
of safekeeping until it is either released pursuant to
subdivision (h) or disposed of pursuant to subdivision (i).

(h)    The landlord shall release the personal property pursuant
to Section 1965 of the Civil Code or shall release it to the
tenant or, at the landlord's option, to a person reasonably
believed by the landlord to be its owner if the tenant or
other person pays the costs of storage as provided in Section 1990
of the Civil Code and claims the property not later than
the date specified in the writ of possession before which the
tenant must make his or her claim or the date specified in the
notice before which a person other than the tenant must make
his or her claim.

(i)    Personal property not released pursuant to subdivision (h)
shall be disposed of pursuant to Section 1988 of the Civil Code.

(j)    Where the landlord releases personal property to the tenant
pursuant to subdivision (h), the landlord is not liable with
respect to that property to any person.

(k)    Where the landlord releases personal property pursuant to
subdivision (h) to a person (other than the tenant) reasonably
believed by the landlord to be its owner, the landlord is not
liable with respect to that property to:

(1)    The tenant or to any person to whom notice was given
pursuant to subdivision (f); or

(2)    Any other person, unless that person proves that, prior
to releasing the property, the landlord believed or reasonably
should have believed that the person had an interest in the
property and also that the landlord knew or should have known
upon reasonable investigation the address of that person.

(l)    Where personal property is disposed of pursuant to
Section 1988 of the Civil Code, the landlord is not liable with
respect to that property to:

(1)    The tenant or to any person to whom notice was given
pursuant to subdivision (f); or

(2)    Any other person, unless that person proves that, prior to
disposing of the property pursuant to Section 1988 of the Civil
Code, the landlord believed or reasonably should have believed
that the person had an interest in the property and also that the
landlord knew or should have known upon reasonable investigation
the address of that person.

(m)    For the purposes of subdivisions (e), (f), (h), (k), and (l),
the terms "owner," "premises," and "reasonable belief" have the
same meaning as provided in Section 1980 of the Civil Code.

1174.2.(a) In an unlawful detainer proceeding involving residential
premises after default in payment of rent and in which the tenant
has raised as an affirmative defense a breach of the landlord's
obligations under Section 1941 of the Civil Code or of any warranty
of habitability, the court shall determine whether a substantial
breach of these obligations has occurred.  If the court finds that
a substantial breach has occurred, the court (1) shall determine
the reasonable rental value of the premises in its untenantable
state to the date of trial, (2) shall deny possession to the
landlord and adjudge the tenant to be the prevailing party,
conditioned upon the payment by the tenant of the rent that has
accrued to the date of the trial as adjusted pursuant to this
subdivision within a reasonable period of time not exceeding five
days, from the date of the court's judgment or, if service of the
court's judgment is made by mail, the payment shall be made within
the time set forth in Section 1013, (3) may order the landlord to
make repairs and correct the conditions which constitute a breach
of the landlord's obligations, (4) shall order that the monthly
rent be limited to the reasonable rental value of the premises as
determined pursuant to this subdivision until repairs are
completed, and (5) except as otherwise provided in subdivision (b),
shall award the tenant costs and attorneys' fees if provided by,
and pursuant to, any statute or the contract of the parties.  If
the court orders repairs or corrections, or both, pursuant to
paragraph (3), the court's jurisdiction continues over the matter
for the purpose of ensuring compliance.  The court shall, however,
award possession of the premises to the landlord if the tenant
fails to pay all rent accrued to the date of trial, as determined
due in the judgment, within the period prescribed by the court
pursuant to this subdivision.  The tenant shall, however, retain
any rights conferred by Section 1174.

(b)    If the court determines that there has been no substantial
breach of Section 1941 of the Civil Code or of any warranty of
habitability by the landlord or if the tenant fails to pay all
rent accrued to the date of trial, as required by the court
pursuant to subdivision (a), then judgment shall be entered in
favor of the landlord, and the landlord shall be the prevailing
party for the purposes of awarding costs or attorneys' fees
pursuant to any statute or the contract of the parties.

(c)    As used in this section, "substantial breach" means the
failure of the landlord to comply with applicable building and
housing code standards which materially affect health and safety.

(d)    Nothing in this section is intended to deny the tenant the
right to a trial by jury.  Nothing in this section shall limit or
supersede any provision of Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code.

1174.25.  (a) Any occupant who is served with  a prejudgment claim of
right to possession in accordance with Section 415.46 may file a claim
as prescribed in Section 415.46, with the court within 10 days of the
date of service of the prejudgment claim to right of possession as
shown on the return of service, which period shall include Saturday
and Sunday but excluding all other judicial holidays.  If the last day
for filing the claim falls on a Saturday or Sunday, the filing period
shall be extended to and including the next court day.  Filing the
prejudgment claim of right to possession shall constitute a general
appearance for which a fee shall be collected as provided in
Section 72056 of the Government Code.  Section 68511.3 of the
Government Code applies to the prejudgment claim of right to
possession.

(b) At the time of filing, the claimant shall be added as a defendant
in the action for unlawful detainer and the clerk shall notify the
plaintiff that the claimant has been added as a defendant in the
action by mailing a copy of the claim filed with the court to the
plaintiff with a notation so indicating.  The claimant shall answer or
otherwise respond to the summons and complaint within five days,
including Saturdays and Sundays but excluding all other judicial
holidays, after filing the prejudgment claim of possession.

Thereafter, the name of the claimant shall be added to any pleading,
filing or form filed in the action for unlawful detainer.

1174.3.(a) Unless a prejudgment claim of right to possession has been
served upon occupants in accordance with Section 415.46, any
occupant not named in the judgment for possession who occupied the
premises on the date of the filing of the action may object to
enforcement of the judgment against that occupant by filing a claim
of right to possession as prescribed in this section.  A claim of
right to possession may be filed at any time after service or
posting of the writ of possession pursuant to subdivision (a) or

(b) of Section 715.020, up to and including the time at which the
levying officer returns to effect the eviction of those named in
the judgment of possession.  Filing the claim of right to
possession shall constitute a general appearance for which a fee
shall be collected as provided in Section 72056 of the Government
Code.  Section 68511.3 of the Government Code applies to the claim
of right to possession.  An occupant or tenant who is named in the
action shall not be required to file a claim of right to possession
to protect that occupant's right to possession of the premises.

(b)    The court issuing the writ of possession of real property
shall set a date or dates when the court will hold a hearing to
determine the validity of objections to enforcement of the
judgment specified in subdivision (a).  An occupant of the real
property for which the writ is issued may make an objection to
eviction to the levying officer at the office of the levying
officer or at the premises at the time of the eviction.
If a claim of right to possession is completed and presented to
the sheriff, marshal, or other levying officer, the officer shall
forthwith (1) stop the eviction of occupants at the premises, and

(2) provide a receipt or copy of the completed claim of right of
possession to the claimant indicating the date and time the
completed form was received, and (3) deliver the original
completed claim of right to possession to the court issuing the
writ of possession of real property.

(c)    A claim of right to possession is effected by any of the
following:

(1)    Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying
officer as prescribed in this section, and delivering to the
court within two court days after its presentation, an amount
equal to 15 days' rent together with the appropriate fee or form for
proceeding in forma pauperis.  Upon receipt
of a claim of right to possession, the sheriff, marshal,
or other levying officer shall indicate thereon
the date and time of its receipt and forthwith deliver the original to
the issuing court and a receipt or copy of the claim to the claimant
and notify the plaintiff of that fact.  Immediately upon receipt of an
amount equal to 15 days' rent and the appropriate fee or form for
proceeding in forma pauperis, the court shall file the claim of right
to possession and serve an endorsed copy with the notice of the
hearing date on the plaintiff and the claimant by first-class mail.

The court issuing the writ of possession shall set and hold a hearing
on the claim not less than five nor more than 15 days after the claim
is filed with the court.

(2)    Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer
as prescribed in this section, and delivering to the court within
two court days after its presentation, the appropriate fee or
form for proceeding in forma pauperis without delivering the
amount equivalent to 15 days' rent.  In this case, the court
shall immediately set a hearing on the claim to be held on the
fifth day after the filing is completed.  The court shall notify
the claimant of the hearing date at the time the claimant
completes the filing by delivering to the court the appropriate
fee or form for proceeding in forma pauperis, and shall notify
the plaintiff of the hearing date by first-class mail.  Upon
receipt of a claim of right to possession, the sheriff, marshal,
or other levying officer shall indicate thereon the date and time
of its receipt and forthwith deliver the original to the issuing
court and a receipt or copy of the claim to the claimant and
notify the plaintiff of that fact.

(d)    At the hearing, the court shall determine whether there
is a valid claim of possession by the claimant who filed the
claim, and the court shall consider all evidence produced at
the hearing, including, but not limited to, the information
set forth in the claim.  The court may determine the claim to
be valid or invalid based upon the evidence presented at the
hearing.  The court shall determine the claim to be invalid if
the court determines that the claimant is an invitee,
licensee, guest, or trespasser.  If the court determines the
claim is invalid, the court shall order the return to the
claimant of the amount of the 15 days' rent paid by the
claimant, if that amount was paid pursuant to paragraphs (1)
or (3) of subdivision c, less a pro rata amount for each day
that enforcement of the judgment was delayed by reason of
making the claim of right to possession, which pro rata amount
shall be paid to the landlord.  If the court determines the
claim is valid, the amount equal to 15 days' rent paid by the
claimant shall be returned immediately to the claimant.

(e)    If, upon hearing, the court determines that the claim is
valid, then the court shall order further proceedings as
follows:

(1)    If the unlawful detainer is based upon a curable
breach, and the claimant was not previously served with a
proper notice, if any notice is required, then the required
notice may at the plaintiff's discretion be served on the
claimant at the hearing or thereafter.  If the claimant does
not cure the breach within the required time, then a
supplemental complaint may be filed and served on the
claimant as defendant if the plaintiff proceeds against the
claimant in the same action.  For the purposes of this
section only, service of the required notice, if any notice
is required, and of the supplemental complaint may be made
by first-class mail addressed to the claimant at the subject
premises or upon his or her attorney of record and, in
either case, Section 1013 shall otherwise apply.  Further
proceedings on the merits of the claimant's continued right
to possession after service of the Summons and Supplemental
Complaint as prescribed by this subdivision shall be
conducted pursuant to this chapter.

(2)    In all other cases, the court shall deem the unlawful
detainer Summons and Complaint to be amended on their faces
to include the claimant as defendant, service of the Summons
and Complaint, as thus amended, may at the plaintiff's
discretion be made at the hearing or thereafter, and the
claimant thus named and served as a defendant in the action
shall answer or otherwise respond within five days
thereafter.

(f)    If a claim is made without delivery to the court of the
appropriate filing fee or a form for proceeding in forma
pauperis, as prescribed in this section, the claim shall be
immediately deemed denied and the court shall so order.  Upon
the denial of the claim, the court shall immediately deliver
an endorsed copy of the order to the levying officer and shall
serve an endorsed copy of the order on the plaintiff and
claimant by first-class mail.

(g)    If the claim of right to possession is denied pursuant to
subdivision (f), or if the claimant fails to appear at the
hearing or, upon hearing, if the court determines that there
are no valid claims, or if the claimant does not prevail at a
trial on the merits of the unlawful detainer action, the court
shall order the levying officer to proceed with enforcement of
the original writ of possession of real property as deemed
amended to include the claimant, which shall be effected
within a reasonable time not to exceed five days.  Upon
receipt of the court's order, the levying officer shall
enforce the writ of possession of real property against any
occupant or occupants.

(h)    The claim of right to possession shall be made on the
following form:

1174.5.A judgment in unlawful detainer declaring the forfeiture of
the lease or agreement under which real property is held shall not
relieve the lessee from liability pursuant to Section 1951.2 of the
Civil Code.

1176.  (a) An appeal taken by the defendant shall not automatically
stay proceedings upon the judgment.  Petition for stay of the
judgment pending appeal shall first be directed to the judge
before whom it was rendered.  Stay of judgment shall be granted
when the court finds that the moving party will suffer extreme
hardship in the absence of a stay and that the nonmoving party
will not be irreparably injured by its issuance.

If the stay is denied by the trial court, the defendant may
forthwith file a petition for an extraordinary writ with the
appropriate appeals court.  If the trial or appellate court stays
enforcement of the judgment, the court may condition the stay on
whatever conditions the court deems just, but in any case it
shall order the payment of the reasonable monthly rental value to
the court monthly in advance as rent would otherwise become due
as a condition of issuing the stay of enforcement.  As used in
this subdivision, "reasonable rental value" means the contract
rent unless the rental value has been modified by the trial court
in which case that modified rental value shall be used.

(b) A new cause of action on the same agreement for the rental of
real property shall not be barred because of an appeal by any
party.

1177.  Except as otherwise provided in this Chapter the provisions
of Part II of this Code are applicable to, and constitute the
rules of practice in the proceedings mentioned in this Chapter.

1178.  The provisions of Part 2 of this code, relative to new
trials and appeals, except insofar as they are inconsistent with
the provisions of this chapter or with rules adopted by the
Judicial Council, apply to the proceedings mentioned in this
chapter.

1179.  The Court may relieve a tenant against a forfeiture of a
lease, and restore him to his former estate, in case of hardship,
where application for such relief is made within thirty days
after the forfeiture is declared by the judgment of the Court, as
provided in section one thousand one hundred and seventy-four.

The application may be made by a tenant or sub-tenant, or a
mortgagee of the term, or any person interested in the
continuance of the term.  It must be made upon petition, setting
forth the facts upon which the relief is sought, and be verified
by the applicant.  Notice of the application, with a copy of the
petition, must be served on the plaintiff in the judgment, who
may appear and contest the application.  In no case shall the
application be granted except on condition that full payment of
rent due, or full performance of conditions or covenants
stipulated, so far as the same is practicable, be made.

1179a.  In all proceedings brought to recover the possession of real
property pursuant to the provisions of this chapter all courts,
wherein such actions are or may hereafter be pending, shall give such
actions precedence over all other civil actions therein, except
actions to which special precedence is given by law, in the matter of
the setting the same for hearing or trial, and in hearing the same, to
the end that all such actions shall be quickly heard and determined.

1180.  A lien is a charge imposed upon specific property, by which
it is made security for the performance of an act.

1203.50.    This chapter shall be known and may be cited as the
Oil and Gas Lien Act.

1203.51.    Unless the context otherwise requires, the
definitions set forth in this section shall govern the
construction of this chapter.

(a)    "Person" means an individual, corporation, firm,
partnership or association.

(b)    "Owner" means a person holding any interest in the
legal or equitable title or both to any leasehold for oil or
gas purposes, or his agent and shall include purchasers
under executory contract, receivers, and trustees.

(c)    "Contract" means a contract, written or oral, express
or implied, or partly express and partly implied, or
executory or executed, or partly executory and partly
executed.

(d)    "Material" means any material, machinery, appliances,
buildings, structures, casing, tanks, pipelines, tools,
bits, or other equipment or supplies but does not include
rigs or hoists or their integral component parts except wire
lines.

(e)    "Labor" means work performed in return for wages.

(f)    "Services" means work performed exclusive of labor,
including the hauling of material, whether or not involving
the furnishing of material.

(g)    "Furnish" means sell or rent.

(h)    "Drilling" means drilling, digging, shooting,
torpedoing, perforating, fracturing, testing, logging,
acidizing, cementing, completing or repairing.

(i)    "Operating" means all operations conducted on the lease
in connection with or necessary to the production of oil or
gas, either in the development thereof or in working thereon
by the subtractive process.

(j)    "Construction" means construction, maintenance,
operation, or repair, either in the development thereof or
in working thereon by the subtractive process.

(k)    "Original contractor" means any person for whose
benefit a lien is prescribed under Section 1203.52.

1203.52.    Any person who shall, under contract with the owner of
any leasehold for oil or gas purposes perform any labor or furnish
any material or services used or employed, or furnished to be used
or employed in the drilling or operating of any oil or gas well
upon such leasehold, or in the constructing, putting together, or
repairing of any material so used or employed, or furnished to be
so used or employed, shall be entitled to a lien under this
chapter, whether or not a producing well is obtained and whether or
not such material is incorporated in or becomes a part of the
completed oil or gas well, for the amount due him for any such
labor performed, or materials or services furnished, within six
months prior to the date of recording the statement of lien as
provided in Section 1203.58, including, without limitation,
shipping and mileage charges connected therewith, and interest from
the date the same was due.

1203.53.    Liens created under Section 1203.52 shall extend to:

(a)    The leasehold for oil or gas purposes to which the materials
or services were furnished, or for which the labor was performed,
and the appurtenances thereunto belonging, exclusive of any and
all royalty interest, overriding interests and production
payments created by an instrument recorded prior to the date such
materials or services were first furnished or such labor was
first performed for which lien is claimed; and

(b)    All materials and fixtures owned by the owner or owners of
such leasehold and used or employed, or furnished to be used or
employed in the drilling or operating of any oil or gas well
located thereon; and

(c)    All oil or gas wells located on such leasehold, and the oil
or gas produced therefrom, and the proceeds thereof, except the
interest therein owned by the owners of royalty interests,
overriding royalty interests and production payments created by
an instrument recorded prior to the date such materials or
services were first furnished or such labor was first performed
for which the lien is claimed.

1203.54.    Any person who shall, under contract, perform any labor
or furnish any material or services as a subcontractor under an
original contractor or for or to an original contractor or a
subcontractor under an original contractor, shall be entitled to a
lien upon all the property upon which the lien of an original
contactor may attach to the same extent as an original contractor,
and the lien provided for in this section shall further extend and
attach to all materials and fixtures owned by such original
contractor or subcontractor to or for whom the labor is performed
or material or services furnished and used or employed, or
furnished to be used or employed in the drilling or operating of
such oil or gas wells.

1203.55.    When a lien provided for in this chapter shall have
attached to a leasehold estate, forfeiture of such estate shall not
impair any lien as to material, appurtenances and fixtures located
thereon and to which such lien has attached prior to forfeiture.
If a lien provided for in this chapter attaches to an equitable
interest or to a legal interest contingent upon the happening of a
condition subsequent, failure of such interest to ripen into legal
title or such condition subsequent to be fulfilled, shall not
impair any such lien as to material, appurtenances and fixtures
located thereon and to which said lien had attached prior to such
failure.

1203.56.    The lien provided for in this chapter arises on the date
of the furnishing of the first item of material or services or the
date of performance of the first labor for which a lien is claimed
under the provisions of this chapter.  Upon compliance with the
provisions of Section 1203.58, such lien shall be preferred to all
other titles, charges, liens or encumbrances which may attach to or
upon any of the property upon which a lien is given by this chapter
subsequent to the date the lien herein provided for arises.

1203.57.    All liens arising by virtue of this chapter upon the same
property shall be of equal standing except that liens of persons
for the performance of labor shall be preferred to all other liens
arising by virtue of this chapter.

1203.58.    Every person claiming a lien under this chapter, shall
record in the office of the county recorder for the county in which
such leasehold, or some part thereof, is situated, a verified
statement setting forth the amount claimed and the items thereof,
the dates on which labor was performed or material or services
furnished, the name of the owner of the leasehold, if known, the
name of the claimant and his mailing address, a description of the
leasehold, and if the claimant be a claimant under Section 1203.54,
the name of the person for whom the labor was immediately performed
or the material or services were immediately furnished.  The
statement of lien must be recorded within six months after the date
on which the claimant's labor was performed or his materials or
services were furnished to be effective as to such labor,
materials, or services.

1203.59.    Anything in this chapter to the contrary notwithstanding,
any lien claimed by virtue of this chapter, insofar as it may
extend to oil or gas or the proceeds of the sale of oil or gas,
shall not be effective against any purchaser of such oil or gas
until written notice of such claim has been delivered to such
purchaser.  Such notice shall state the name of the claimant, his
address, the amount for which the lien is claimed, and a
description of the leasehold upon which the lien is claimed.  Such
notice shall be delivered personally to the purchaser or by
registered letter or certified mail.  Upon receipt of such notice
the  purchaser shall withhold payments for such oil or gas runs to
the extent of the lien amount claimed until delivery of notice in
writing that the claim has been paid.  The funds so withheld by the
purchaser shall be used in payment of the lien judgment upon
foreclosure.  The lien claimant shall within 10 days give notice in
writing that the claim has been paid.

1203.60.    (a) Whenever any lien or liens shall be claimed or
recorded under the provisions of this chapter then the lessor or
owner of the property on which the lien or liens are claimed or the
contractor or subcontractor through whom such lien or liens are
claimed, or either of them, may record a bond with the county
recorder of the county in which the property is located as herein
provided.  Such bond shall describe the property on which lien or
liens are claimed, shall refer to the lien or liens claimed in
manner sufficient to identify them and shall be in an amount equal
to 150 percent of the amount of the claimed lien or liens referred
to and shall be payable to the party or parties claiming same.
Such bond shall be executed by the party recording same as
principal and by a corporate surety authorized to execute such
bonds as surety and shall be conditioned substantially that the
principal and surety will pay to the obligees named or their
assigns the amounts of the liens so claimed by them with all costs
in the event same shall be proven to be liens on such property.

(b) Such bond, when recorded, shall take the place of the property
against which any claim for lien referred to in such bond is
asserted.  At any time within the period of time provided in
Section 1203.61, any person claiming such lien may sue upon such
bond but no action shall be brought upon such bond after the
expiration of such period.  One action upon such bond shall not
exhaust the remedies thereon but each obligee or assignee of an
obligee named therein may maintain a separate suit thereon in any
court having jurisdiction.

1203.61.    (a) Any lien provided for by this chapter shall be
enforced in the same manner as provided in Title l5 (commencing
with Section 3082), Part 4, Division 3, of the Civil Code.  Such
action shall be filed within 180 days from the time of the
recording of the lien provided for herein.  If a credit be given
and notice of the fact and terms of such credit be filed in the
office of the county recorder subsequent to the filing of such lien
and prior to the expiration of said 180-day period, then such lien
continues in force until 180 days after the expiration of such
credit, but no lien continues in force by reason of any agreement
to give credit for a longer time than one year from the time the
work is completed.  If the proceedings to enforce the lien be not
prosecuted to trial within two years after the commencement
thereof, the court may in its discretion dismiss the same for want
of prosecution, and in all cases the dismissal of such action (unless
it be expressly stated that the same is without prejudice)
or a judgment rendered therein that no lien exists shall be
equivalent to the cancellation and removal from the record of such
lien.

(b) As against any purchaser or encumbrancer for value and in good
faith whose rights are acquired subsequent to the expiration of the 180-day
period following the filing of such lien, no giving of
credit or extension of the lien or time to enforce the same shall
be effective unless evidenced by a notice or agreement filed for
record in the office of the county recorder prior to the
acquisition of the rights of such purchaser or encumbrancer.

1203.62.    Nothing in this chapter shall be construed to impair or
affect the right of any person to whom any debt may be due for work
performed or materials or services furnished to maintain a personal
action against the person liable for such debt.

1203.63.    The taking of any note or any additional security by any
person given a lien by this chapter shall not constitute a waiver
of the lien given by this chapter unless made a waiver by express
agreement of the parties in writing.  The claiming of a lien under
this chapter shall not constitute a waiver of any other right or
security held by the claimant unless made a waiver by express
agreement of the parties in writing.

1203.64.    All claims for liens and likewise all actions to recover
therefor under this chapter shall be assignable upon compliance
with the provisions of Section 1203.58 so as to vest in the
assignee all rights and remedies herein given subject to all
defenses thereto that might be raised if such assignments had not
been made.

1203.65.    All liens granted by this chapter shall be perfected and
enforced in accordance with the provisions hereof whether such
liens arise before or after the effective date of this chapter;
provided, however, that any unperfected lien granted under any
statute in effect prior to the effective date of this chapter and
which could be subsequently perfected in accordance with such prior
statute were it not for the existence of this chapter may be
perfected and enforced in accordance with the provisions of this
chapter if the statement of lien required to be recorded under
Section 1203.58 is recorded within the time therein required or
within two months after the effective date of this chapter,
whichever period is longer; and provided further, that the validity
of any lien perfected prior to the effective date of this chapter
in accordance with the requirements of any statute in effect prior
to such effective date shall be determined on the basis of such
prior statute but the enforcement thereof shall insofar as possible
be governed by the provisions of this chapter.

1203.66.    This chapter shall be given liberal construction in favor
of all persons entitled to any lien under it.

1204.  When any assignment, whether voluntary or involuntary, and
whether formal or informal, is made for the benefit of creditors
of the assignor, or results from any proceeding in insolvency or
receivership commenced against him, or when any property is
turned over to the creditors of a person, firm, association or
corporation, or to a receiver or trustee for the benefit of
creditors, the following claims have priority in the following
order:

(a)    Allowed unsecured claims for wages, salaries, or
commissions, including vacation, severance and sick leave pay:

(1)    Earned by an individual within 90 days before the date
of the making of such assignment or the taking over of such
property or the commencement of such court proceeding or the
date of the cessation of the debtor's business, whichever
occurs first; but only

(2)    To the extent of two thousand dollars ($2,000) for each
such individual;

(b)    Allowed unsecured claims for contributions to employee
benefit plans:

(1)    Arising from services rendered within 180 days before
the date of the making of such assignment or the taking over
of such property or the commencement of such court
proceeding or the date of the cessation of the debtor's
business, whichever occurs first; but only

(2)    For each such plan, to the extent of:

(i)    The number of employees covered by such plan
multiplied by two thousand dollars ($2,000); less

(ii)   The aggregate amount paid to such employees under
subdivision (a) of this section, plus the aggregate
amount paid by the estate on behalf of such employees to
any other employee benefit plan; and must be paid by the
trustee, assignee or receiver before the claim of any
other creditor of the assignor, insolvent, or debtor
whose property is so turned over, and must be paid as
soon as the money with which to pay same becomes
available.  If there is insufficient money with which to
pay all such labor claims in full the money available
must be distributed among the claimants in proportion to
the amount of their respective claims.  The trustee,
receiver or assignee for the benefit of creditors shall
have the right to require sworn claims to be presented
and shall have the right to refuse to pay any such
preferred claim, either in whole or in part, if he has
reasonable cause to believe that such claim is not valid
but must pay any part thereof that is not disputed,
without prejudice to the claimant's rights, as to the
balance of his claim, and withhold sufficient money to
cover the disputed portion until the claimant in question
has a reasonable opportunity to establish the validity of
his claim by court action, either in his own name or
through an assignee.

This section is binding upon all the courts of this state and in all
receivership actions the court must order the receiver to pay promptly
out of the first receipts and earnings of the receivership, after
paying the current operating expenses, such preferred labor claims.

1204.5.  In any general assignment for the benefit of creditors, the
following claims shall have priority, subordinate to the priorities
for labor claims under Section 1204, but prior to all other unsecured
claims:  allowed unsecured claims of individuals, to the extent of
nine hundred dollars ($900) for each such individual, arising from the
deposit, before the commencement of the case, of money in connection
with the purchase, lease, or rental of property, or the purchase of
services, for the personal, family, or household use of such
individuals, that were not delivered or provided.  The priority
granted by this section shall be subordinate to that granted by
Sections 18933 and 26312 of the Revenue and Taxation Code.

1205.  Upon the sale or transfer of any business or the stock in
trade, in bulk, or a substantial part thereof, not in the ordinary
and regular course of business or trade, unpaid wages of employees
of the seller or transferor earned within ninety (90) days prior to
the sale, transfer, or opening of an escrow for the sale thereof,
shall constitute preferred claims and liens thereon as between
creditors of the seller or transferor and must be paid first from
the proceeds of the sale or transfer.

1206.  Upon the levy under a writ of attachment or execution not
founded upon  a claim for labor, any miner, mechanic, salesman,
servant, clerk, laborer or other person who has performed work or
rendered personal services for the defendant within 90 days prior
to the levy may file a verified statement of the claim therefor
with the officer executing the writ, file a copy thereof with the
court which issued the writ, and give copies thereof, containing
his or her address, to the plaintiff and the defendant, or any
attorney, clerk or agent representing them, or mail copies to them
by registered mail at their last known address, return of which by
the post office undelivered shall be deemed a sufficient service if
no better address is available, and such claim, not exceeding nine
hundred dollars ($900), unless disputed, must be paid by such
officer, immediately upon the expiration of the time for dispute of
the claim as prescribed in Section 1207,  from the proceeds of such
levy remaining in the officer's hands at the time of the filing of
such statement or collectible by the officer on the basis of the
writ.

The court issuing the writ must make a notation on its docket of
every preferred labor claim of which it receives a copy and must
endorse on any writ of execution or abstract of judgment issued
subsequently in the case that it is issued subject to the rights of
a preferred labor claimant or claimants thereunder and giving the
names and amounts of all such preferred labor claims of which it
has notice.  In levying under any writ of execution the officer
making the levy shall include in the amount due under the execution
any and all preferred labor claims that have been filed in the
action and of which the officer has notice, except any claims which
may have been finally disallowed by the court under the procedure
provided for herein and of which disallowance the officer has
actual notice.

The amount due on preferred labor claims that have not been finally
disallowed by the court shall be considered a part of the sum due
under any writ of attachment or execution in augmentation of the
amount thereof and it shall be the duty of any person, firm,
association or corporation on whom a writ of attachment or
execution is levied to immediately pay to the levying officer the
amount of such preferred labor claims, out of any money belonging
to the defendant in the action, before paying the principal sum
called for in the writ.

If any claim is disputed within the time, and in the manner
prescribed in Section 1207, and a copy of the dispute is mailed by
registered mail to the claimant or the claimant's attorney at the
address given in the statement of claim and the registry receipt is
attached to the original of the dispute when it is filed with the
levying officer, or is handed to the claimant or the claimant's
attorney, the claimant, or the claimant's assignee, must within 10
days after such copy is deposited in the mail or is handed to the
claimant or the claimant's attorney petition the court having
jurisdiction of the action on which the writ is based, for a
hearing before it to determine the claim for priority, or the claim
to priority is barred.  If more than one attachment or execution is
involved, the petition shall be filed in the court having
jurisdiction over the senior attachment or execution.  The hearing
shall be held within 20 days from the filing of the petition unless
the court continues it for good cause.  Ten days' notice of the
hearing shall be given by the  petitioner to the plaintiff and the
defendant, and to all parties  claiming an interest in the
property, or their attorneys.  The notice may be informal and need
specify merely the name of the court, names of the principal
parties to the senior attachment or execution and name of  the wage
claimant or claimants on whose behalf it is filed but shall specify
that the hearing is for the purpose of determining the claim for
priority.  The plaintiff or the defendant, or any other party
claiming an interest may contest the amount or validity of the
claim in spite of any confession of judgment or failure to appear
or to contest the claim on the part of any other person.

There shall be no cost for filing or hearing the petition and the
hearing on the petition shall be informal but all parties
testifying must be sworn.  Any claimant may appear on the
claimant's own behalf at the hearing and may call and examine
witnesses to substantiate his or her claim.  An appeal may be taken
from a judgment in a proceeding under this section in the manner
provided for appeals from judgments of the court where the
proceeding is had.

The officer shall retain in possession until the determination of
the claim for priority so much of the proceeds of the writ as may
be necessary to satisfy the claim, and if the claim for priority is
allowed, the officer shall pay the amount due, including the
claimant's cost of suit, from such proceeds, immediately after the
order allowing the claim becomes final.

1207.  Within five days after receiving a copy of the statement
provided for in the next preceding section, either the plaintiff or
the defendant in the action in which the writ issued may file with
the officer a sworn statement denying that any part of such claim
is due for services rendered within ninety days next preceding the
levy of the writ, or denying that any part of such claim, beyond a
sum specified, is so due.  Such sworn statement can not be made on
information and belief unless the party swearing to same has actual
information and belief that the wage claim, or the portion thereof
that is contested, is not justly due, and in such case the nature
and source of the information must be given.  If a part of the
claim is admitted to be due, and the claimant nevertheless files a
petition for hearing and the court does not allow more than the
amount so admitted, he can not recover costs but the costs must be
adjudged against him, and the amount thereof deducted from the sum
found due him.

1208.  If the claims presented under Section 1206 and not disputed,
or, if disputed, established by judgment, exceed the proceeds of
the writ not disposed of before their presentation, such proceeds
shall be distributed among the claimants in proportion to the
amount of their respective claims after the costs incurred by the
senior attaching plaintiff or judgment creditor in such action have
first been taken care of.

If sufficient money to pay in full all preferred labor claims filed
under an attachment or execution does not become available
immediately upon the expiration of the time for dispute of such
claims under Section 1207, any of the claimants, or their
assignees, have the right to proceed directly against the money or
other property levied on in individual or joint actions by
themselves or their assignees against the defendant, and the
attachment or execution under which the preferred claims were filed
shall be considered set aside as far as such claimants, or their
assignees, are concerned so as to enable them, or any of them, or
any of their assignees, to proceed directly against any or all of
the money or other property in question by means of their own
attachments or executions; provided, however, that any money
collected on behalf of any such labor claimant, or his or her
assignee, on the basis of such new attachment or execution shall be
shared in by the other preferred labor claimants who have filed
claims that have not been disputed, or, if disputed, established by
judgment, in proportion to the amount of their respective claims,
deducting only the costs in the action brought by the said labor
claimant, or his or her assignee, and the costs in the original
action brought by the senior attaching plaintiff or judgment
creditor.

If such senior attaching plaintiff or judgment creditor requests a
release of his or her original attachment or execution, and the
preferred labor claims filed under same are not released, the
officer who levied the writ must first mail notices of such request
to release to each of the labor claimants who have filed claims, or
their attorneys, which notices must specify that unless the
claimants bring attachment actions of their own and levy on the
money or property in question within five days from the date
thereof the money or property will be released from the attachment
or execution; provided, however, that such officer may instead
collect sufficient money on the basis of the original writ to pay
off the preferred labor claims in full and then release the
attachment or execution, but in no case shall the officer release
the attachment or execution without first taking care of the labor
claims until the five-day period has expired, unless the officer's
costs, keepers' fees or storage charges have not been immediately
taken care of by some of the parties involved.  In any case it
shall be lawful for a garnishee to pay over to the officer levying
the writ any money held by the garnishee without waiting for
execution to be levied and the officer's receipt for the money
shall be a sufficient quittance, and the officer shall collect such
money and immediately pay off the established preferred labor
claims in all cases where it is possible to do so without
additional court proceedings on the officer's part.

1208.5.  Any person having a lien upon any animal or animals under the
provisions of Section 597a or 597f of the Penal Code may satisfy such
lien as follows:  If such lien is not discharged and satisfied, by the
person responsible, within three days after the obligation becomes
due, then the person holding such lien may resort to the proper court
to satisfy the claim; or he, three days after the charges against the
property become due, may sell the property, or an undivided fraction
thereof as may become necessary, to defray the amount due and costs of
sale, by giving three days' notice of the sale by advertising in some
newspaper published in the county, or city and county, in which the
lien has attached to  the property; or, if there is no paper published
in the county, then by posting notices of the sale in three of the
most public places in the town or judicial district for three days
previous to the sale.  The notices shall contain an accurate
description of the property to be sold, together with the terms  of
sale, which must be for cash, payable on the consummation of the sale.
The proceeds of the sale shall be applied to the discharge of the lien
and the costs of sale; the remainder, if any, shall be paid over to
the owner, if known, and if not known shall be paid into the treasury
of the humane society of the county, or city and county, wherein the
sale takes place; if no humane society exists in the county, then the
remainder shall be paid into the county treasury.

1208.61.    Subject to the limitations set forth in this chapter,
every person has a lien dependent upon possession for the
compensation to which he is legally entitled for making repairs
or performing labor upon, and furnishing supplies or materials
for, and for the storage, repair, or safekeeping of, any
aircraft, also for reasonable charges for the use of any landing
aid furnished such aircraft and reasonable landing fees.

1208.62.    That portion of such lien in excess of two hundred
fifty dollars ($250) for work or services rendered or performed
at the request of any person other than the holder of the legal
title is invalid, unless prior to commencing such work or service
the person claiming the lien gives actual notice to the legal
owner and the mortgagee, if any, of the aircraft, and the written
consent of the legal owner and the mortgagee of the aircraft is
obtained before such work or services are performed.
For the purposes of this chapter the person named in the federal
aircraft registration certificate issued by the Administrator of
Civil Aeronautics shall be deemed to be the legal owner.

1208.63.    Any lien for labor or materials provided for in this
chapter may be assigned by written instrument accompanied by
delivery of possession of the aircraft subject to the lien and
the assignee may exercise the rights of a lienholder pursuant to
this chapter.  Any lienholder assigning a lien shall at the time
of the assignment give written notice, either by personal
delivery or by registered mail with return receipt requested, to
the legal owner of the property covered by the lien, including
the name and address of the person to whom the lien is assigned.

1208.64.    Whenever the lien upon any aircraft is lost by reason
of the loss of possession through trick, fraud, or device, the
repossession of such aircraft by the lienholder revives the lien,
but the lien so revived is subordinate to any right, title, or
interest of any person under any sale, transfer, encumbrance,
lien, or other interest acquired or secured in good faith and for
value between the time of the loss of possession and the time of
repossession.

1208.65.    If the lienholder is not paid the amount due within 10
days after it becomes due, the lienholder may proceed to sell
the property, or so much thereof as is necessary to satisfy the
lien and costs of sale, at public auction.

1208.66.    Prior to any such sale the lienholder shall publish a
notice of the sale pursuant to Section 6062 of the Government
Code in a newspaper published in the county in which the aircraft
is situated, or if there is no such newspaper, by posting notice
of sale in three of the most public places in the city or place
where such aircraft is to be sold for 10 days previous to the
date of the sale.  Prior to the sale of any aircraft to satisfy
any such lien, 20 days' notice by registered mail shall be given
to the legal owner as it appears in the registration certificate.

1208.67.    The proceeds of the sale must be applied to the
discharge of the lien and the cost of keeping and selling the
property.  The remainder, if any, shall be paid to the legal
owner.

1208.68.    Within 20 days after the sale, the legal owner may
redeem the aircraft so sold upon the payment of the amount of the
lien, all costs and expenses of sale, and interest on such sum at
the rate of 12 percent a year from the date it became due or the
date when the amounts were advanced until the repayment.

1208.69.    It is a misdemeanor for any person to obtain possession
of all or any part of any aircraft subject to a lien under this
chapter through surreptitious removal or by trick, fraud, or
device perpetrated upon the lienholder.

1208.70.    This chapter shall not apply to aircraft operated
exclusively by an air carrier or a foreign air carrier, as
defined in subdivisions (2) and (19) of Section 1 of Chapter 601
of the Statutes of the Seventy-fifth United States Congress,
Second Session (1938), engaged in air transportation as defined
in subdivision (10) of the same section while there is in force a
certificate by, or a foreign air carrier permit of, the Civil
Aeronautics Board of the United States, or its successor,
authorizing such air carrier to engage in such transportation.

1209.  (a) The following acts or omissions in respect to a court of
justice, or proceedings therein, are contempts of the authority of
the court:

_1.Disorderly, contemptuous, or insolent behavior toward the judge
while holding the court, tending to interrupt the due course of a
trial or other judicial proceeding;

_2.A breach of the peace, boisterous conduct, or violent
disturbance, tending to interrupt the due course of a trial or
other judicial proceeding;

_3.Misbehavior in office, or other willful neglect or violation of
duty by an attorney, counsel, clerk, sheriff, coroner, or other
person, appointed or elected to perform a judicial or ministerial
service;

_4.Abuse of the process or proceedings of the court, or falsely
pretending to act under authority of an order or process of the
court;

_5.Disobedience of any lawful judgment, order, or process of the
court;

_6.Rescuing any person or property in the custody of an officer by
virtue of an order or process of such court;

_7.Unlawfully detaining a witness, or party to an action while going
to, remaining at, or returning from the court where the action is
on the calendar for trial;

_8.Any other unlawful interference with the process or proceedings
of a court;

_9.Disobedience of a subpoena duly served, or refusing to be sworn
or answer as a witness;

_10.    When summoned as a juror in a court, neglecting to attend or
serve as such, or improperly conversing with a party to an
action, to be tried at such court, or with any other person, in
relation to the merits of such action, or receiving a
communication from a party or other person in respect to it,
without immediately disclosing the same to the court;

_11.    Disobedience by an inferior tribunal, magistrate, or
officer, of the lawful judgment, order, or process of a superior
court, or proceeding in an action or special proceeding contrary
to law, after such action or special proceeding is removed from
the jurisdiction of such inferior tribunal, magistrate, or
officer.

(b)    No speech or publication reflecting upon or concerning
any court or any officer thereof shall be treated or punished
as a contempt of such court unless made in the immediate
presence of such court while in session and in such a manner
as to actually interfere with its proceedings.

(c)    Notwithstanding Section 1211 or any other provision of
law, if an order of contempt is made affecting an attorney,
his agent, investigator, or any person acting under the
attorney's direction, in the preparation and conduct of any
action or proceeding, the execution of any sentence shall be
stayed pending the filing within three judicial days of a
petition for extraordinary relief testing the lawfulness of
the court's order, the violation of which is the basis of the
contempt, except for such conduct as may be proscribed by
subdivision (b) of Section 6068 of the Business and
Professions Code, relating to an attorney's duty to maintain
respect due to the courts and judicial officers.

(d)    Notwithstanding Section 1211 or any other provision of
law, if an order of contempt is made affecting a public safety
employee acting within the scope of employment for reason of
the employee's failure to comply with a duly issued subpoena
or subpoena duces tecum, the execution of any sentence shall
be stayed pending the filing within three judicial days of a
petition for extraordinary relief testing the lawfulness of
the court's order, a violation of which is the basis for the
contempt.

As used in this subdivision, "public safety employee" includes any
peace officer, firefighter, paramedic, or any other employee of a
public law enforcement agency whose duty is either to maintain
official records or to analyze or present evidence for investigative
or prosecutorial purposes.

1209.5.  When a court of competent jurisdiction makes an order
compelling a parent to furnish support or necessary food, clothing,
shelter, medical attendance, or other remedial care for his or her
child, proof that the order was made, filed, and served on the parent
or proof that the parent was present in court at the time the order
was pronounced and proof that the parent did not comply with the order
is prima facie evidence of a contempt of court.

1210.  Every person dispossessed or ejected from any real property by
the judgment or process of any court of competent jurisdiction,
who, not having right so to do, reenters into or upon or takes
possession of the real property, or induces or procures any person
not having right so to do, or aids or abets such a person therein,
is guilty of a contempt of the court by which the judgment was
rendered or from which the process issued.  Upon a conviction for
contempt the court must immediately issue an alias process,
directed to the proper officer, and requiring the officer to
restore possession to the party entitled under the original
judgment or process, or to the party's lessee, grantee, or
successor in interest.  No appeal from the order directing the
issuance of an alias writ of possession stays the execution of the
writ, unless an undertaking is executed on the part of the
appellant to the effect that the appellant will not commit or
suffer to be committed any waste on the property, and if the order
is affirmed, or the appeal dismissed, the appellant will pay the
value of the use and occupation of the property from the time of
the unlawful reentry until the delivery of the possession of the
property, pursuant to the judgment or order, not exceeding a sum to
be fixed by the judge of the court by which the order for the alias
writ was made.

1211.  When a contempt is committed in the immediate view and
presence of the court, or of the judge at chambers, it may be
punished summarily; for which an order must be made, reciting the
facts as occurring in such immediate view and presence, adjudging
that the person proceeded against is thereby guilty of a contempt,
and that he be punished as therein prescribed.
When the contempt is not committed in the immediate view and
presence of the court, or of the judge at chambers, an affidavit
shall be presented to the court or judge of the facts constituting
the contempt, or a statement of the facts by the referees or
arbitrators, or other judicial officers.

1211.5.  At all stages of all proceedings, the affidavit
or statement of facts, as the case may be, required by
Section 1211 shall be construed, amended, and
reviewed according to the followings rules:

(a)    If no objection is made to the sufficiency of such affidavit
or statement during the hearing on the charges contained therein,
jurisdiction of the subject matter shall not depend on the
averments of such affidavit or statement, but may be established
by the facts found by the trial court to have been proved at such
hearing, and the court shall cause the affidavit or statement to
be amended to conform to proof.

(b)    The court may order or permit amendment of such affidavit or
statement for any defect or insufficiency at any stage of the
proceedings, and the trial of the person accused of contempt
shall continue as if the affidavit or statement had been
originally filed as amended, unless substantial rights of such
person accused would be prejudiced thereby, in which event a
reasonable postponement, not longer than the ends of justice
require, may be granted.

(c)    No such affidavit or statement is insufficient, nor can the
trial, order, judgment, or other proceeding thereon be affected
by reason of any defect or imperfection in matter of form which
does not prejudice a substantial right of the person accused on
the merits.  No order or judgment of conviction of contempt shall
be set aside, nor new trial granted, for any error as to any
matter of pleading in such affidavit or statement, unless, after
an examination of the entire cause, including the evidence, the
court shall be of the opinion that the error complained of has
resulted in a miscarriage of justice.

1212.  When the contempt is not committed in the immediate view and
presence of the court or judge, a warrant of attachment may be
issued to bring the person charged to answer, or, without a
previous arrest, a warrant of commitment may, upon notice, or upon
an order to show cause, be granted; and no warrant of commitment
can be issued without such previous attachment to answer, or such
notice or order to show cause.

1213.  Whenever a warrant of attachment is issued pursuant to this
title the court or judge must direct, by an endorsement on the
warrant, that the person charged may give an undertaking for the
person's appearance in an amount to be specified in such
endorsement.

1214.  Upon executing the warrant of attachment, the officer
executing the warrant must keep the person in custody, bring him
before the court or judge, and detain him until an order be made in
the premises, unless the person arrested entitle himself to be
discharged, as provided in the next section.

1215.  The person arrested must be discharged from the arrest upon
executing and delivering to the officer, at any time before the
return day of the warrant, an undertaking to the effect that the
person arrested will appear on the return of the warrant and abide
the order of the court or judge thereupon.

1216.  The officer must return the warrant of arrest and undertaking,
if any, received by him from the person arrested, by the return day
specified therein.

1217.  When the person arrested has been brought up or appeared, the
court or judge must proceed to investigate the charge, and must
hear any answer which the person arrested may make to the same, and
may examine witnesses for or against him, for which an adjournment
may be had from time to time if necessary.

1218.  (a) Upon the answer and evidence taken, the court or judge
must determine whether the person proceeded against is guilty of
the contempt charged, and if it be adjudged that he or she is
guilty of the contempt, a fine may be imposed on him or her not
exceeding one thousand dollars ($1,000), or he or she may be
imprisoned not exceeding five days, or both.

(b) No party, who is in contempt of a court order or judgment in a
dissolution of marriage or legal separation action, shall be
permitted to enforce such an order or judgment, by way of execution
or otherwise, either in the same action or by way of a separate
action, against the other party.  This restriction shall not affect
nor apply to the enforcement of child or spousal support orders.

(c)    In any court action in which a party is found in contempt of
court for failure to comply with a court order pursuant to the
Family Code, or Sections 11350 to 11476.1, inclusive, of the
Welfare and Institutions Code, the court shall order the
following:

(1)    Upon a first finding of contempt, the court shall order
the contemner to perform community service of up to 120 hours,
in lieu of imprisonment of up to 120 hours, for each count of
contempt.

(2)    Upon the second finding of contempt, the court shall
order the contemner to perform community service of up to 120
hours, in addition to ordering imprisonment of the contemner
up to 120 hours or the payment of a fine of up to one thousand
dollars ($1,000), or both such imprisonment and fine, for each
count of contempt.

(3)    Upon the third or any subsequent finding of contempt, the
court shall order both of the following:

(A)    The court shall order the contemner to serve a term of
imprisonment of up to 240 hours, and to pay a fine of one
thousand dollars ($1,000) or perform community service of up
to 240 hours, or both such fine and community service, for each count of
contempt.

(B)    The court shall order the contemner to pay an administrative
fee, not to exceed the actual cost of the contemner's
administration and supervision, while assigned to a community
service program pursuant to this paragraph.

(4)    The court shall take parties' employment schedules into
consideration when ordering either community service or
imprisonment, or both.

1219.  (a) Except as provided in subdivisions (b) and c, when the
contempt consists of the omission to perform an act which is yet in
the power of the person to perform, he or she may be imprisoned
until he or she has performed it, and in that case the act shall be
specified in the warrant of commitment.

(b) Notwithstanding any other law, no court may imprison or
otherwise confine or place in custody the victim of a sexual
assault for contempt when the contempt consists of refusing to
testify concerning that sexual assault.

(c)    In a finding of contempt for a victim of domestic violence
who refuses to testify, the court shall not incarcerate the
victim, but may require the victim to attend up to 72 hours of a
domestic violence program for victims or require the victim to
perform up to 72 hours of appropriate community service, provided
that in a subsequent finding of contempt for refusing to testify
arising out of the same case, the court shall have the option of
incarceration pursuant to subdivision (a).

(d)    As used in this section:

(1)  "Sexual assault" means any act made punishable by
Section 261, 262, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.

(2)  "Domestic violence" means "domestic violence" as defined in
Section 6211 of the Family Code.

1219.5.  (a) Except as provided in subdivision c, in any case in which
a contempt consists of the refusal of a minor under the age of 16
years to take the oath or to testify, before imposing any sanction for
the contempt, the court shall first refer the matter to the probation
officer in charge of matters coming before the juvenile court for a
report and recommendation as to the appropriateness of the imposition
of a sanction.  The probation officer shall prepare and file the
report and recommendation within the time directed by the court.  In
making the report and recommendation, the probation officer shall
consider factors such as the maturity of the minor, the reasons for
the minor's refusal to take the oath or to testify, the probability
that available sanctions will affect the decision of the minor not to
take the oath or not to testify, the potential impact on the minor of
his or her testimony, the potential impact on the pending litigation
of the minor's unavailability as a witness, and the appropriateness of
the various available sanctions in the minor's case.  The court shall
consider the report and recommendation in imposing a sanction in the
case.

(b)    In any such case in which the court orders the minor to be
placed outside of his or her home, the placement shall be in the
least restrictive setting available.  Except as provided in
subdivision (d), the court shall not order the minor to be placed
in a secure facility unless other placements have been made and
the minor has fled the custody and control of the person under
the control of whom he or she has been placed or has persistently
refused to obey the reasonable and proper orders or directions of
the person under the control of whom he or she has been placed.

(c)    The court may impose a sanction for contempt prior to
receipt of the report and recommendation required by subdivision

(a)    if the court enters a finding, supported by specific facts
stated on the record, that the minor would be likely to flee if
released before the receipt of the report and recommendation.

(d)    The court may order the minor placed in a secure facility
without first attempting the nonsecure placement required by
subdivision (b) if the court enters a finding, supported by
specific facts stated on the record, that the minor would be
likely to flee if released to nonsecure placement as a
prerequisite to secure confinement.

1220.  When the warrant of arrest has been returned served, if the
person arrested does not appear on the return day, the court or
judge may issue another warrant of arrest or may order the
undertaking to be enforced, or both.  If the undertaking is
enforced, the measure of damages is the extent of the loss or
injury sustained by the aggrieved party by reason of the misconduct
for which the warrant was issued.

1221.  Whenever, by the provisions of this title, an officer is
required to keep a person arrested on a warrant of attachment in
custody, and to bring him before a court or judge, the inability,
from illness or otherwise, of the person to attend, is a sufficient
excuse for not bringing him up; and the officer must not confine a
person arrested upon the warrant in a prison, or otherwise restrain
him of personal liberty, except so far as may be necessary to
secure his personal attendance.

1222.  The judgment and orders of the court or judge, made in cases
of contempt, are final and conclusive.

1230.010.  This title shall be known and may be cited as the
Eminent Domain Law.

1230.020.  Except as otherwise specifically provided by statute,
the power of eminent domain may be exercised only as provided in
this title.

1230.030.  Nothing in this title requires that the power of eminent
domain be exercised to acquire property necessary for public use.
Whether property necessary for public use is to be acquired by
purchase or other means or by eminent domain is a decision left to
the discretion of the person authorized to acquire the property.

1230.040.  Except as otherwise provided in this title, the rules of
practice that govern civil actions generally are the rules of practice
for eminent domain proceedings.

1230.050.  The court in which a proceeding in eminent domain is
brought has the power to:

(a)    Determine the right to possession of the property, as
between the plaintiff and the defendant, in accordance with this
title.

(b)    Enforce any of its orders for possession by appropriate
process.  The plaintiff is entitled to enforcement of an order
for possession as a matter of right.

1230.060.  Nothing in this title affects any other statute
granting jurisdiction over any issue in eminent domain
proceedings to the Public Utilities Commission.

1230.065.  (a) This title becomes operative July 1, 1976.

(b)    This title does not apply to an eminent domain proceeding
commenced prior to January 1, 1976.  Subject to subdivisions

(c)    and (d), in the case of an eminent domain proceeding which is
commenced on or after January 1, 1976, but prior to the operative
date, this title upon the operative date applies to the proceeding
to the fullest extent practicable with respect to issues to be
tried or retried.

(c)    Chapter 3 (commencing with Section 1240.010),
Chapter 4 (commencing with Section 1245.010), and Chapter 5
(commencing with Section 1250.010) do not apply to a proceeding
commenced prior to the operative date.

(d)    If, on the operative date, an appeal, motion to modify or
vacate the verdict or judgment, or motion for new trial is
pending, the law applicable thereto prior to the operative date
governs the determination of the appeal or motion.

1230.070.   No judgment rendered prior to the operative date of this
title in a proceeding to enforce the right of eminent domain is
affected by the enactment of this title and the repeal of former
Title 7 of this part.

1235.010.  Unless the provision or context otherwise requires,
these preliminary provisions and rules of construction shall govern
the construction of this title.

1235.020.  Chapter, article, and section headings do not in any
manner affect the scope, meaning, or intent of the provisions of
this title.

1235.030.  Whenever any reference is made to any portion of this
title or to any other statute, such reference shall apply to all
amendments and additions heretofore or hereafter made.

1235.040. Unless otherwise expressly stated:

(a)    "Chapter" means a chapter of this title.

(b)    "Article" means an article of the chapter in which that term
occurs.

(c)    "Section" means a section of this code.

(d)    "Subdivision" means a subdivision of the section in which
that term occurs.

(e)    "Paragraph" means a paragraph of the subdivision in which
that term occurs.

1235.050.  The present tense includes the past and future tenses; and
the future, the present.

1235.060.  "Shall" is mandatory and "may" is permissive.

1235.070.   If any provision or clause of this title or application
thereof to any person or circumstances is held invalid, the
invalidity does not affect other provisions or applications of the
title that can be given effect without the invalid provision or
application, and to this end the provisions of this title are
severable.

1235.110.  Unless the provision or context otherwise requires,
these definitions govern the construction of this title.

1235.120. "Final judgment" means a judgment with respect to which all
possibility of direct attack by way of appeal, motion for a new
trial, or motion under Section 663 to vacate the judgment has been
exhausted.

1235.125.  When used with reference to property, "interest"
includes any right, title, or estate in property.

1235.130.  "Judgment" means the judgment determining the right to take the
property by eminent domain and fixing the amount of compensation to
be paid by the plaintiff.

1235.140.  "Litigation expenses" includes both of the following:

(a)    All expenses reasonably and necessarily incurred in the
proceeding in preparing for trial, during trial, and in any
subsequent judicial proceedings.

(b)    Reasonable attorney's fees, appraisal fees, and fees for the
services of other experts where such fees were reasonably and
necessarily incurred to protect the defendant's interests in the
proceeding in preparing for trial, during trial, and in any
subsequent judicial proceedings whether such fees were incurred
for services rendered before or after the filing of the
complaint.

1235.150.  "Local public entity" means  any public entity other than
the state.

1235.155.  "Nonprofit, special use property" means property which is
operated for a special nonprofit, tax-exempt use such as a school,
church, cemetery, hospital, or similar property.  "Nonprofit, special
use property" does not include property owned by a public entity.

1235.160.  "Person" includes any public entity, individual,
association, organization, partnership, trust, or corporation.

1235.165.  "Proceeding" means an eminent domain proceeding under this
title.

1235.170.  "Property" includes real and personal property and any
interest therein.

1235.180.  "Property appropriated to public use" means property either
already in use for a public purpose or set aside for a specific public
purpose with the intention of using it for such purpose within a
reasonable time.

1235.190.  "Public entity" includes the state, a county, city,
district, public authority, public agency, and any other political
subdivision in the state.

1235.193.  "Electric, gas, or water public utility property" means
property appropriated to a public use by a public utility, as defined
in Section 218, 222, or 241 of the Public Utilities Code.

1235.195.  "Resolution" includes ordinance.

1235.200.  "State" means the State of California and includes the
Regents of the University of California.

1235.210.  "Statute" means a constitutional provision or statute,
but does not include a charter provision or ordinance.

1240.010.  The power of eminent domain may be
exercised to acquire property only for a public use.  Where the
Legislature provides by statute that a use, purpose, object, or
function is one for which the power of eminent domain may be
exercised, such action is deemed to be a declaration by the
Legislature that such use, purpose, object, or function is a public
use.

1240.020.  The power of eminent domain may be exercised to
acquire property for a particular use only by a person authorized by
statute to exercise the power of eminent domain to acquire such
property for that use.

1240.030.  The power of eminent domain may be exercised to acquire
property for a proposed project only if all of the following are
established:

(a)    The public interest and necessity require the project.

(b)    The project is planned or located in the manner that will be
most compatible with the greatest public good and the least
private injury.

(c)    The property sought to be acquired is necessary for the
project.

1240.040.  A public entity may exercise the power of eminent
domain only if it has adopted a resolution of necessity that
meets the requirements of Article 2 (commencing with Section 1245.210)
of Chapter 4.

1240.050.  A local public entity may acquire by eminent domain only
property within its territorial limits except where the power to
acquire by eminent domain property outside its limits is expressly
granted by statute or necessarily implied as an incident of one of its
other statutory powers.

1240.110.  (a) Except to the extent limited by statute, any person
authorized to acquire property for a particular
use by eminent domain may exercise the power of eminent domain to
acquire any interest in property necessary for that use including, but
not limited to, submerged lands, rights of any nature in water,
subsurface rights, airspace rights, flowage or flooding easements,
aircraft noise or operation easements, right of temporary occupancy,
public utility facilities and franchises, and franchises to collect
tolls on a bridge or highway.

(b) Where a statute authorizes the acquisition by eminent domain only
of specified interests in or types of property, this section does not
expand the scope of the authority so granted.

1240.120.  (a) Subject to any other statute relating to the
acquisition of property, any person authorized to acquire
property for a particular use by eminent domain may exercise
the power of eminent domain to acquire property
necessary to carry out and make effective the principal purpose
involved including but not limited to property to be used for the
protection or preservation of the attractiveness, safety, and
usefulness of the project.

(b) Subject to any applicable procedures governing the disposition of
property, a person may acquire property under subdivision (a) with the
intent to sell, lease, exchange, or otherwise dispose of the property,
or an interest therein, subject to such reservations or restrictions
as are necessary to protect or preserve the attractiveness, safety,
and usefulness of the project.

1240.125.   Except as otherwise expressly provided by statute and
subject to any limitations imposed by statute, a local public
entity may acquire property by eminent domain outside its
territorial limits for water, gas, or electric supply purposes or
for airports, drainage or sewer purposes if it is authorized to
acquire property by eminent domain for the purposes for which the
property is to be acquired.

1240.126.   (a) Except as otherwise expressly provided by statute and
subject to any limitation imposed by statute, a city may acquire by
eminent domain for park purposes unincorporated property which is
located within the same county as that in which the city is
situated, which is contiguous at some point with the city, and
which is either of the following:

(1)    Surrounded entirely by incorporated area.

(2)    Surrounded on at least three sides by incorporated area or
at least 75 percent of the boundary of the property is contiguous
with incorporated area, whichever is less.

(b) The acquisition of parkland pursuant to this section shall be
consistent with the general plan of the city.

(c)    At the time funds are appropriated for its acquisition, the
property acquired pursuant to this section shall not be improved
with a business or farm operation that contributes materially to
the owner's support.  For the purpose of this section, a business
shall not include the purchase, sale, lease, or rental of real
property.

(d)    In the event a city council intends to sell real property
acquired pursuant to this section, the former owner from whom the
city acquired the property shall be given notice of the proposed
sale of the property and accorded the right, prior to the final
acceptance of bids, to purchase the property at the tentatively
accepted highest bid price.

(e)    This section shall remain in effect only until January 1, 1997,
and as of that date is repealed unless a later enacted chapter,
which is chaptered before January 1, 1997, deletes or extends that
date.

1240.130.  Subject to any other statute relating to the acquisition of
property, any public entity authorized to acquire property for a
particular use by eminent domain may also acquire such property for
such use by grant, purchase, lease, gift, devise, contract, or other
means.

1240.140.  (a) As used in this section, "public agencies" includes all
those agencies included within the definition of "public agency" in
Section 6500 of the Government Code.

(b) Two or more public agencies may enter into an agreement for the
joint exercise of their respective powers of eminent domain, whether
or not possessed in common, for the acquisition of property as a
single parcel.  Such agreement shall be entered into and performed
pursuant to the provisions of Chapter 5 (commencing with Section 6500)
of Division 7 of Title 1 of the Government Code.

1240.150.  Whenever a part of a larger parcel of property is to be
acquired by a public entity for public use and the remainder, or a
portion of the remainder, will be left in such size, shape, or
condition as to be of little value to its owner or to give rise to a
claim for severance or other damages, the public entity may acquire
the remainder, or portion of the remainder, by any means (including
eminent domain) expressly consented to by the owner.

1240.160.  (a) None of the provisions of this article is intended to
limit, or shall limit, any other provision of this article, each of
which is a distinct and separate authorization.

(b) None of the provisions of Article 2 (commencing with
Section 1240.110), Article 3 (commencing with Section 1240.210),
Article 4 (commencing with Section 1240.310), Article 5 (commencing
with Section 1240.410), Article 6 (commencing with Section 1240.510),
or Article 7 (commencing with Section 1240.610) is intended to limit, or shall
limit, the provisions of any other of the articles, each of which
articles is a distinct and separate authorization.

1240.210.  For the purposes of this article, the "date of use" of
property taken for public use is the date when the property is devoted
to that use or when construction is started on the project for which
the property is taken with the intent to complete the project within a
reasonable time.  In determining the "date of use," periods of delay
caused by extraordinary litigation or by failure to obtain from any
public entity any agreement or permit necessary for construction shall
not be included.

1240.220.  (a) Any person authorized to acquire property for a
particular use by eminent domain may exercise the power of eminent
domain to acquire property to be used in the future for that use, but
property may be taken for future use only if there is a reasonable
probability that its date of use will be within seven years from the
date the complaint is filed or within such longer period as is
reasonable.

(b) Unless the plaintiff plans that the date of use of property taken
will be within seven years from the date the complaint is filed, the
complaint, and the resolution of necessity if one is required, shall
refer specifically to this section and shall state the estimated date
of use.

1240.230.  (a) If the defendant objects to a taking for future use,
the burden of proof is as prescribed in this section.

(b) Unless the complaint states an estimated date of use that is not
within seven years from the date the complaint is filed, the defendant
has the burden of proof that there is no reasonable probability that
the date of use will be within seven years from the date the complaint
is filed.

(c)    If the defendant proves that there is no reasonable
probability that the date of use will be within seven years from
the date the complaint is filed, or if the complaint states an
estimated date of use that is not within seven years from the
date the complaint is filed, the plaintiff has the burden of
proof that a taking for future use satisfies the requirements of
this article.

1240.240.  Notwithstanding any other provision of this article, any
public entity authorized to acquire property for a particular use by
eminent domain may acquire property to be used in the future for that
use by any means (including eminent domain) expressly consented to by
its owner.

1240.250.  Notwithstanding any other provision of this
article, where property is taken pursuant to the Federal Aid Highway
Act of 1973:

(a)    A date of use within 10 years from the date the complaint is
filed shall be deemed reasonable.

(b)    The resolution of necessity and the complaint shall indicate
that the taking is pursuant to the Federal Aid Highway Act of 1973
and shall state the estimated date of use.

(c)    If the defendant objects to the taking, the defendant has
the burden of proof that there is no reasonable probability that
the date of use will be within 10 years from the date the
complaint is filed.  If the defendant proves that there is no
reasonable probability that the date of use will be within 10
years from the date the complaint is filed, the plaintiff has the
burden of proof that the taking satisfies the requirements of
this article.

1240.310.  As used in this article:

(a)    "Necessary property" means property to be used for a public
use for which the public entity is authorized to acquire property
by eminent domain.

(b)    "Substitute property" means property to be exchanged for
necessary property.

1240.320.  (a) Any public entity authorized to exercise the power
of eminent domain to acquire property for a particular use may
exercise the power of eminent domain to acquire for that use
substitute property if all of the following are established:

(1)    The owner of the necessary property has agreed in writing to
the exchange.

(2)    The necessary property is devoted to or held for some public
use and the substitute property will be devoted to or held for
the same public use by the owner of the necessary property.

(3)    The owner of the necessary property is authorized to
exercise the power of eminent domain to acquire the substitute
property for such use.

(b)    Where property is sought to be acquired pursuant to this
section, the resolution of necessity and the complaint filed
pursuant to such resolution shall specifically refer to this
section and shall include a statement that the property is
necessary for the purpose specified in this section.  The
determination in the resolution that the taking of the
substitute property is necessary has the effect prescribed in
Section 1245.250.

1240.330.  (a) Where necessary property is devoted to public use, any
public entity authorized to exercise the power of eminent domain to
acquire such property for a particular use may exercise the power of
eminent domain to acquire substitute property in its own name,
relocate on such substitute property the public use to which necessary
property is devoted, and thereafter convey the substitute property to
the owner of the necessary property if all of the following are
established:

(1)    The public entity is required by court order or judgment in
an eminent domain proceeding, or by agreement with the owner of
the necessary property, to relocate the public use to which the
necessary property is devoted and thereafter to convey the
property upon which the public use has been relocated to the
owner of the necessary property.

(2)    The substitute property is necessary for compliance with the
court order or judgment or agreement.

(3)    The owner of the necessary property will devote the
substitute property to the public use being displaced from the
necessary property.

(b)    Where property is sought to be acquired pursuant to this
section, the resolution of necessity and the complaint filed
pursuant to such resolution shall specifically refer to this
section and shall include a statement that the property is
necessary for the purpose specified in this section.  The
determination in the resolution that the taking of the
substitute property is necessary has the effect prescribed in
Section 1245.250.

1240.350.  (a) Whenever a public entity acquires property for a public
use and exercises or could have exercised the power of eminent domain
to acquire such property for such use, the public entity may exercise
the power of eminent domain to acquire such additional property as
appears reasonably necessary and appropriate (after taking into
account any hardship to the owner of the additional property) to
provide utility service to, or access to a public road from, any
property that is not acquired for such public use but which is cut off
from utility service or access to a public road as a result of the
acquisition by the public entity.

(b)    Where property is sought to be acquired pursuant to this
section, the resolution of necessity and the complaint filed
pursuant to such resolution shall specifically refer to this
section and shall include a statement that the property is
necessary for the purpose specified in this section.  The
determination in the resolution that the taking of the substitute
property is necessary has the effect prescribed in Section 1245.250.

1240.410.  (a) As used in this section, "remnant" means a
remainder or portion thereof that will be left in such size,
shape, or condition as to be of little market value.

(b)    Whenever the acquisition by a public entity by eminent
domain of part of a larger parcel of property will leave a
remnant, the public entity may exercise the power of eminent
domain to acquire the remnant in accordance with this article.

(c)    Property may not be acquired under this section if the
defendant proves that the public entity has a reasonable,
practicable, and economically sound means to prevent the property
from becoming a remnant.

1240.420.  When property is sought to be acquired
pursuant to Section 1240.410, the resolution
of necessity and the complaint filed pursuant
to such resolution shall specifically refer to that section.  It shall
be presumed from the adoption of the resolution that the taking of the
property is authorized under Section 1240.410.  This presumption is a
presumption affecting the burden of producing evidence.

1240.430.  A public entity may sell, lease, exchange, or otherwise
dispose of property taken under this article and may credit the
proceeds to the fund or funds available for acquisition of the
property being acquired for the public work or improvement.  Nothing
in this section relieves a public entity from complying with any
applicable statutory procedures governing the disposition of property.

1240.510.  Any person authorized to acquire property for a particular
use by eminent domain may exercise the power of eminent domain to
acquire for that use property appropriated to public use if the
proposed use will not unreasonably interfere with or impair the
continuance of the public use as it then exists or may reasonably be
expected to exist in the future.  Where property is sought to be
acquired pursuant to this section, the complaint, and the resolution
of necessity if one is required, shall refer specifically to this
section.

1240.520.  If the defendant objects to a taking under
Section 1240.510, the defendant has the burden of proof that his
property is appropriated to public use.  If it is established that the
property is appropriated to public use, the plaintiff has the burden
of proof that its proposed use satisfies the requirements of
Section 1240.510.

1240.530.  (a) Where property is taken under Section 1240.510, the
parties shall make an agreement determining the terms and conditions
upon which the property is taken and the manner and extent of its use
by each of the parties.  Except as otherwise provided by statute, if
the parties are unable to agree, the court shall fix the terms and
conditions upon which the property is taken and the manner and extent
of its use by each of the parties.

(b) If the court determines that the use in the manner proposed by the
plaintiff would not satisfy the requirements of Section 1240.510, the
court shall further determine whether the requirements of Section 1240.510
could be satisfied by fixing terms and conditions upon which
the property may be taken. If the court determines that the
requirements of Section 1240.510 could be so satisfied, the court
shall permit the plaintiff to take the property upon such terms and
conditions and shall prescribe the manner and extent of its use by
each of the parties.

(c)    Where property is taken under this article, the court may
order any necessary removal or relocation of structures or
improvements if such removal or relocation would not require any
significant alteration of the use to which the property is
appropriated.  Unless otherwise provided by statute, all costs
and damages that result from the relocation or removal shall be
paid by the plaintiff.

1240.610.  Any person authorized to acquire property for a particular
use by eminent domain may exercise the power of eminent domain to
acquire for that use property appropriated to public use if the use
for which the property is sought to be taken is a more necessary
public use than the use to which the property is appropriated.  Where
property is sought to be acquired pursuant to this section, the
complaint, and the resolution of necessity if one is required, shall
refer specifically to this section.

1240.620.  If the defendant objects to a taking under Section 1240.610,
the defendant has the burden of proof that his property is
appropriated to public use.  If it is established that the property is
appropriated to public use, the plaintiff has the burden of proof that
its use satisfies the requirements of Section 1240.610.

1240.630.  (a) Where property is sought to be taken under Section 1240.610,
the defendant is entitled to continue the public use to
which the property is appropriated if the continuance of such use will
not unreasonably interfere with or impair, or require a significant
alteration of, the more necessary public use as it is then planned or
exists or may reasonably be expected to exist in the future.

(b) If the defendant objects to a taking under this article on the
ground that he is entitled under subdivision (a) to continue the
public use to which the property is appropriated, upon motion of
either party, the court shall determine whether the defendant is
entitled under subdivision (a) to continue the use to which the
property is appropriated; and, if the court determines that the
defendant is so entitled, the parties shall make an agreement
determining the terms and conditions upon which the defendant may
continue the public use to which the property is appropriated, the
terms and conditions upon which the property is taken by the plaintiff
is acquired, and the manner and extent of the use of the property by
each of the parties.  Except as otherwise provided by statute, if the
parties are unable to agree, the court shall fix such terms and
conditions and the manner and extent of the use of the property by
each of the parties.

1240.640.  (a) Where property has been appropriated to public use by
any person other than the state, the use thereof by the state for the
same use or any other public use is presumed to be a more necessary
use than the use to which such property has already been appropriated.

(b) Where property has been appropriated to public use by the state,
the use thereof by the state is presumed to be a more necessary use
than any use to which such property might be put by any other person.

(c)    The presumptions established by this section are
presumptions affecting the burden of proof.

1240.650.  (a) Where property has been appropriated
to public use by any person other
than a public entity, the use thereof by a public entity for the
same use or any other public use is a more necessary use than the
use to which such property has already been appropriated.

(b) Where property has been appropriated to public use by a
public entity, the use thereof by the public entity is a more
necessary use than any use to which such property might be put by
any person other than a public entity.

(c)    Where property which has been appropriated to a public use
is electric, gas, or water public utility property which the
public entity intends to put to the same use, the presumption of
a more necessary use established by subdivision (a) is a
rebuttable presumption affecting the burden of proof, unless the
acquiring public entity is a sanitary district exercising the
powers of a county water district pursuant to Section 6512.7 of
the Health and Safety Code.

1240.660.  Where property has been appropriated to public use by a
local public entity, the use thereof by the local public entity is
presumed to be a more necessary use than any use to which such
property might be put by any other local public entity.  The
presumption established by this section is a presumption affecting the
burden of proof.

1240.670.  (a) Subject to Section 1240.690, notwithstanding any
other provision of law, property is presumed to
have been appropriated for the best and most necessary public use if
all of the following are established:

(1)    The property is owned by a nonprofit organization
contributions to which are deductible for state and federal
income tax purposes under the laws of this state and of the
United States and having the primary purpose of preserving areas
in their natural condition.

(2)    The property is open to the public subject to reasonable
restrictions and is appropriated, and used exclusively, for the
preservation of native plants or native animals including, but
not limited to, mammals, birds, and marine life, or biotic
communities, or geological or geographical formations of
scientific or educational interest.

(3)    The property is irrevocably dedicated to such uses so that,
upon liquidation, dissolution, or abandonment of or by the owner,
such property will be distributed only to a fund, foundation, or
corporation whose property is likewise irrevocably dedicated to
such uses, or to a governmental agency holding land for such
uses.

(b) The presumption established by this section is a presumption
affecting the burden of proof.

1240.680.  (a) Subject to Sections 1240.690 and 1240.700,
notwithstanding any other provision of law, property is presumed to
have been appropriated for the best and most necessary public use if
the property is appropriated to public use as any of the following:

(1)    A state, regional, county, or city park, open space, or
recreation area.

(2)    A wildlife or waterfowl management area established by the
Department of Fish and Game pursuant to Section 1525 of the Fish
and Game Code.

(3)    A historic site included in the National Register of
Historic Places or state-registered landmarks.

(4)    An ecological reserve as provided for in Article 4 (commencing
with Section 1580) of Chapter 5 of Division 2 of the Fish
and Game Code.

(b) The presumption established by this section is a presumption
affecting the burden of proof.

1240.690.  (a) When property described in Section 1240.670
or 1240.680 is sought to be acquired for state
highway purposes, and the property was dedicated or devoted to a use
described in those sections prior to the initiation of highway route
location studies, an action for declaratory relief may be brought by
the public entity or nonprofit organization owning the property in the
superior court to determine the question of which public use is the
best and most necessary public use for the property.

(b) The action for declaratory relief shall be filed and served within 120
days after the California Transportation Commission has published
in a newspaper of general circulation pursuant to Section 6061 of the
Government Code, and delivered to the public entity or nonprofit
organization owning the property a written notice that a proposed
route or an adopted route includes the property.  In the case of
nonprofit organizations, the written notice need only be given to
nonprofit organizations that are on file with the Registrar of
Charitable Trusts of this state.

(c)    In the declaratory relief action, the resolution of the
California Transportation Commission is not conclusive evidence of the
matters set forth in Section 1240.030.

(d)    With respect to property described in Section 1240.670
or 1240.680 which is sought to be acquired for state highway purposes:

(1)    If an action for declaratory relief is not filed and served
within the 120-day period established by subdivision (b), the
right to bring the action is waived and Sections 1240.670
and 1240.680 do not apply.

(2)    When a declaratory relief action may not be brought pursuant
to this section, Sections 1240.670 and 1240.680 do not apply.

1240.700.  (a) When property described in Section 1240.680 is sought
to be acquired for city or county road, street, or highway purposes,
and such property was dedicated or devoted to regional park,
recreational, or open-space purposes prior to the initiation of road,
street, or highway route location studies, an action for declaratory
relief may be brought in the superior court by the regional park
district which operates the park, recreational, or open-space area to
determine the question of which public use is the best and most
necessary public use for such property.

(b)    The action for declaratory relief shall be filed and served
within 120 days after the city or county, as the case may be, has
published in a newspaper of general circulation pursuant to
Section 6061 of the Government Code, and delivered to the
regional park district, a written notice that a proposed route or
site or an adopted route includes such property.

(c)    With respect to property dedicated or devoted to regionl
park, recreational, or open-space purposes which is sought to be
acquired for city or county road, street, or highway purposes:

(1)    If an action for declaratory relief is not filed and
served within the 120-day period established by subdivision (b),
the right to bring such action is waived and the
provisions of Section 1240.680 do not apply.

(2)    When a declaratory relief action may not be brought
pursuant to this section, the provisions of Section 1240.680
do not apply.

1245.010.  Subject to requirements of this article, any person
authorized to acquire property for a particular use by eminient domain
may enter upon property to make photographs, studies, surveys,
examinations, tests, soundings, borings, samplings, or appraisals or
to engage in similar activities reasonably related to acquisition or
use of the property for that use.

1245.020.  In any case in which the entry and activities mentioned in
Section 1245.010 will subject the person having the power of eminent
domain to liability under Section 1245.060, before making such entry
and undertaking such activities, the person shall secure:

(a)    The written consent of the owner to enter upon his property
and to undertake such activities; or

(b)    An order for entry from the superior court in accordance
with Section 1245.030.

1245.030.  (a) The person seeking to enter upon the property may
petition the court for an order permitting the entry and shall
give such prior notice to the owner of the property as the court
determines is appropriate under the circumstances of the
particular case.

(b)    Upon such petition and after such notice has been given, the
court shall determine the purpose for the entry, the nature and
scope of the activities reasonably necessary to accomplish such
purpose, and the probable amount of compensation to be paid to
the owner of the property for the actual damage to the property
and interference with its possession and use.

(c)    After such determination, the court may issue its order
permitting the entry.  The order shall prescribe the purpose for
the entry and the nature and scope of the activities to be
undertaken and shall require the person seeking to enter to
deposit with the court the probable amount of compensation.

1245.040.  (a) The court, after notice and hearing, may modify any of
the provisions of an order made under Section 1245.030.

(b) If the amount required to be deposited is increased by an order of
modification, the court shall specify the time within which the
additional amount shall be deposited and may direct that any further
entry or that specified activities under the order as modified be
stayed until the additional amount has been deposited.

1245.050.  (a) Unless sooner disbursed by court order, the amount
deposited under this article shall be retained on deposit for six
months following the termination of the entry.  The period of
retention may be extended by the court for good cause.

(b) The deposit shall be made in the Condemnation Deposits Fund in the
State Treasury or, upon written request of the plaintiff filed with
the deposit, in the county treasury.  If made in the State Treasury,
the deposit shall be held, invested, deposited, and disbursed in
accordance with Article 10 (commencing with Section 16429) of
Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.

1245.060.  (a) If the entry and activities upon property cause actual
damage to or substantial interference with the possession or use of
the property, whether or not a claim has been presented in compliance
with Part 3 (commencing with Section 900) of Divison 3.6 of Title 1 of
the Government Code, the owner may recover for such damage or
interference in a civil action or by application to the court under
subdivision c.

(b) The prevailing claimant in an action or proceeding under this
section shall be awarded his costs and, if the court finds that any of
the following occurred, his litigation expenses incurred in
proceedings under this article:

(1)    The entry was unlawful.

(2)    The entry was lawful but the activities upon the property
were abusive or lacking in due regard for the interests of the
owner.

(3)    There was a failure substantially to comply with the terms
of an order made under Section 1245.030 or 1245.040.

(c)    If funds are on deposit under this article, upon
application of the owner, the court shall determine and award
the amount the owner is entitled to recover under this section
and shall order such amount paid out of the funds on deposit.
If the funds on deposit are insufficient to pay the full
amount of the award, the court shall enter judgment for the
unpaid portion.

(d)    Nothing in this section affects the availability of any
other remedy the owner may have for the damaging of his
property.

1245.210.  As used in this article, "governing body" means:

(a)    In the case of a taking by a local public entity, the
legislative body of the local public entity.

(b)    In the case of a taking by the Sacramento and San Joaquin
Drainage District, the State Reclamation Board.

(c)    In the case of a taking by the State Public Works Board
pursuant to the Property Acquisition Law (Part 11 (commencing
with Section 15850) of Division 3 of Title 2 of the Government
Code), the State Public Works Board.

(d)    In the case of a taking by the Department of Fish and
Game pursuant to Section 1348 of the Fish and Game Code, the Wildlife
Conservation Board.

(e)    In the case of a taking by the Department of
Transportation (other than a taking pursuant to Section 21633 of the
Public Utilities Code or Section 30100 of the Streets and Highways
Code), the California Transportation Commission.

(f)    In the case of a taking by the Department of
Transportation pursuant to Section 21633 of the Public Utilities Code,
the California Transportation Commission.

(g)    In the case of a taking by the Department of
Transportation pursuant to Section 30100 of the Streets and Highways
Code, the California Transportation Commission.

(h)    In the case of a taking by the Department of Water
Resources, the California Water Commission.

(i)    In the case of a taking by the University of California, the
Regents of the University of California.

(j)    In the case of a taking by the State Lands Commission, the
State Lands Commission.

(k)    In the case of a taking by Hastings College of Law, the
board of directors of that college.

1245.220.  A public entity may not commence an eminent domain
proceeding until its governing body has adopted a resolution of
necessity that meets the requirements of this article.

1245.230.  In addition to other requirements imposed by law,
the resolution of necessity shall contain all of the following:

(a)    A general statement of the public use for which the property
is to be taken and a reference to the statute that authorizes the
public entity to acquire the property by eminent domain.

(b)    A description of the general location and extent of the
property to be taken, with sufficient detail for reasonable
identification.

(c)    A declaration that the governing body of the public entity
has found and determined each of the following:

(1)    The public interest and necessity require the proposed
project.

(2)    The proposed project is planned or located in the manner
that will be most compatible with the greatest public good and
the least private injury.

(3)    The property described in the resolution is necessary for
the proposed project.

(4)    That either the offer required by Section 7267.2 of the
Government Code has been made to the owner or owners of record, or the
offer has not been made because the owner cannot be located with
reasonable diligence.

If at the time the governing body of a public entity is requested to
adopt a resolution of necessity and the project for which the property
is needed has been determined by the public entity to be an emergency
project, which project is necessary either to protect or preserve
health, safety, welfare, or property, the requirements of Section 7267.2
of the Government Code need not be a prerequisite to the
adoption of an authorizing resolution at the time.  However, in those
cases the provisions of Section 7267.2 of the Government Code shall be
implemented by the public entity within a reasonable time thereafter
but in any event, not later than 90 days after adoption of the
resolution of necessity.

1245.235.  (a) The governing body of the public entity may adopt a
resolution of necessity only after the governing body has given each
person whose property is to be acquired by eminent domain and whose
name and address appears on the last equalized county assessment roll
notice and a reasonable opportunity to appear and be heard on the
matters referred to in Section 1240.030.

(b) The notice required by subdivision (a) shall be sent by first-
class mail to each person described in subdivision (a) and shall state
all of the following:

(1)    The intent of the governing body to adopt the resolution.

(2)    The right of such person to appear and be heard on the
matters referred to in Section 1240.030.

(3)    Failure to file a written request to appear and be heard
within 15 days after the notice was mailed will result in waiver
of the right to appear and be  heard.

(c)    The governing body, or a committee of not less than 11
members thereof designated by the governing body if the
governing body has more than 40 members, shall hold a hearing
at which all persons described in subdivision (a) who filed a
written request within the time specified in the notice may
appear and be heard on the matters referred to in Section 1240.030.

Such a committee shall be reasonably representative
of the various geographical areas within the public entity's
jurisdiction.  The governing body need not give an opportunity
to appear and be heard to any person who fails to so file a
written request within the time specified in the notice.  If a
committee is designated by the governing body pursuant to this
subdivision to hold the hearing, the committee, subsequent to
the hearing, shall provide the governing body and any person
described in subdivision (a) who has appeared before the
committee with a written summary of the hearing and a written
recommendation as to whether to adopt the resolution of
necessity.  Any person described in subdivision (a) who has
appeared before the committee shall also be given an
opportunity to appear and be heard before the governing body
on the matters referred to in Section 1240.030.

(d)    Notwithstanding subdivision (b), the governing body may
satisfy the requirements of this section through any other
procedure that has given each person described in subdivision

(a)    reasonable written personal notice and a reasonable
opportunity to appear and be heard on the matters referred to in
Section 1240.030.

1245.240.  Unless a greater vote is required by statute, charter, or
ordinance, the resolution shall be adopted by a vote of two-thirds of
all the members of the governing body of the public entity.

1245.250.  (a) Except as otherwise provided by statute, a resolution
of necessity adopted by the governing body of the public entity
pursuant to this article conclusively establishes the matters referred
to in Section 1240.030.

(b)    If the taking is by a local public entity, other than a
sanitary district exercising the powers of a county water district
pursuant to Section 6512.7 of the Health and Safety Code, and the
property is  electric, gas, or water public utility property, the
resolution of necessity creates a rebuttable presumption that the
matters referred to in Section 1240.030 are true.  This presumption
is a presumption affecting the burden of proof.

(c)    If the taking is by a local public entity and the property
described in the resolution is not located entirely within the
boundaries of the local public entity, the resolution of necessity
creates a presumption that the matters referred to in Section 1240.030
are true.  This presumption is a presumption affecting the
burden of producing evidence.

(d)    For the purposes of subdivision (b), a taking by the
State Reclamation Board for the Sacramento and San Joaquin Drainage
District is not a taking by a local public entity.

1245.255.   (a) A person having an interest in the property described
in a resolution of necessity adopted by the governing body of the
public entity pursuant to this article may obtain judicial review of
the validity of the resolution:

(1)  Before the commencement of the eminent domain proceeding, by
petition for a writ of mandate pursuant to Section 1085.  The court
having jurisdiction of the writ of mandate action, upon motion of any
party, shall order the writ of mandate action dismissed without
prejudice upon commencement of the eminent domain proceeding unless
the court determines that dismissal will not be in the interest of
justice.

(2)  After the commencement of the eminent domain proceeding, by
objection to the right to take pursuant to this title.

(b)    A resolution of necessity does not have the effect
prescribed in Section 1245.250 to the extent that its adoption or
contents were influenced or affected by gross abuse of discretion
by the governing body.

(c)    Nothing in this section precludes a public entity from
rescinding a resolution of necessity and adopting a new
resolution as to the same property subject, after the
commencement of an eminent domain proceeding, to the same
consequences as a conditional dismissal of the proceeding under
Section 1260.120.

1245.260.  (a) If a public entity has adopted a resolution of
necessity but has not commenced an eminent domain proceeding to
acquire the property within six months after the date of adoption
of the resolution, or has commenced such proceeding but has not
within six months after the commencement of such proceeding
attempted diligently to serve the complaint and the summons
relating to such proceeding, the property owner may, by an action
in inverse condemnation, do either or both of the following:

(1)    Require the public entity to take the property and pay
compensation therefor.

(2)    Recover damages from the public entity for any interference
with the possession and use of the property resulting from
adoption of the resolution.

Service by mail pursuant to Section 415.30 shall constitute a diligent
attempt at service within the meaning of this section.

(b) No claim need be presented against a public entity under
Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code as a prerequisite to commencement or maintenance of an
action under subdivision (a), but any such action shall be commenced
within one year and six months after the date the public entity
adopted the resolution of necessity.

(c)    A public entity may commence an eminent domain proceeding or
rescind a resolution of necessity as a matter of right at any
time before the property owner commences an action under this
section.  If the public entity commences an eminent domain
proceeding or rescinds the resolution of necessity before the
property owner commences an action under this section, the
property owner may not thereafter bring an action under this
section.

(d)    After a property owner has commenced an action under this
section, the public entity may rescind the resolution of
necessity and abandon the taking of the property only under the
same circumstances and subject to the same conditions and
consequences as abandonment of an eminent domain proceeding.

(e)    Commencement of an action under this section does not affect
any authority a public entity may have to commence an eminent
domain proceeding, take possession of the property pursuant to
Article 3 (commencing with Section 1255.410) of Chapter 6, or
abandon the eminent domain proceeding.

(f)    In lieu of bringing an action under subdivision (a) or if
the limitations period provided in subdivision (b) has run, the
property owner may obtain a writ of mandate to compel the public
entity, within such time as the court deems appropriate, to
rescind the resolution of necessity or to commence an eminent
domain proceeding to acquire the property.

1245.270.  (a) A resolution of necessity does not meet the
requirements of this article if the defendant establishes by a
preponderance of the evidence both of the following:

(1)    A member of the governing body who voted in favor of the
resolution received or agreed to receive a bribe (as that term is
defined in subdivision 6 of Section 7 of the Penal Code)
involving adoption of the resolution.

(2)    But for the conduct described in paragraph (1), the
resolution would not otherwise have been adopted.

(b)    Where there has been a prior criminal prosecution of the
member for the conduct described in paragraph (1) of
subdivision (a), proof of conviction shall be conclusive
evidence that the requirement of paragraph (1) of subdivision (a)
is satisfied, and proof of acquittal or other dismissal of
the prosecution shall be conclusive evidence that the
requirement of paragraph (1) of subdivision (a) is not satisfied.

Where there is a pending criminal prosecution of the
member for the conduct described in paragraph (1)
of subdivision (a), the court may take such action as
is just under the circumstances of the case.

(c)    Nothing in this section precludes a public entity from
rescinding a resolution of necessity and adopting a new
resolution as to the same property, subject to the same
consequences as a conditional dismissal of the proceeding under
Section 1260.120.

1245.310.  As used in this article, "legislative body" means both of
the following:

(a)    The legislative body of each city within whose boundaries
property sought to be taken by the quasi-public entity by eminent
domain is located.

(b)    If property sought to be taken by the quasi-public entity is
not located within city boundaries, the legislative body of each
county within whose boundaries such property is located.

1245.320.  As used in this article, "quasi-public entity" means:

(a)    An educational institution of collegiate grade not conducted
for profit that seeks to take property by eminent domain under
Section 30051 of the Education Code.

(b)    A nonprofit hospital that seeks to take property by eminent
domain under Section 1260 of the Health and Safety Code.

(c)    A cemetery authority that seeks to take property by eminent
domain under Section 8501 of the Health and Safety Code.

(d)    A limited-dividend housing corporation that seeks to take
property by eminent domain under Section 34874 of the Health and
Safety Code.

(e)    A land-chest corporation that seeks to take property by
eminent domain under Section 35167 of the Health and Safety Code.

(f)    A mutual water company that seeks to take property by
eminent domain under Section 2729 of the Public Utilities Code.

1245.325.   Where an owner of real property seeks to acquire an
appurtenant easement by eminent domain pursuant to Section 1001 of
the Civil Code:

(a)    The person seeking to exercise the power of eminent domain
shall be deemed to be a "quasi-public entity" for the purposes of
this article.

(b)    In lieu of the requirements of subdivision c of Section 1245.340,
the resolution required by this article shall contain a
declaration that the legislative body has found and determined each of
the following:

(1)    There is a great necessity for the taking.

(2)    The location of the easement affords the most reasonable
service to the property to which it is appurtenant, consistent
with the least damage to the burdened property.

(3)    The hardship to the owner of the appurtenant property, if
the taking is not permitted, clearly outweighs any hardship to
the owner of the burdened property.

1245.326.   Where an owner of real property seeks to acquire by
eminent domain a temporary right of entry pursuant to Section 1002
of the Civil Code:

(a)    The person seeking to exercise the power of eminent domain
shall be deemed to be a "quasi-public entity" for the purposes of
this article.

(b)    In lieu of the requirements of subdivision c of Section 1245.340,
the resolution required by this article shall contain a
declaration that the legislative body has found and determined that
each of the conditions required by Section 1002 of the Civil Code
appears to exist.

1245.330.  Notwithstanding any other provision of law, a quasi-public
entity may not commence an eminent domain proceeding to acquire any
property until the legislative body has adopted a resolution
consenting to the acquisition of such property by eminent domain.

1245.340.  The resolution required by this article shall contain all
of the following:

(a)    A general statement of the public use for which the property
is to be taken and a reference to the statute that authorizes the
quasi-public entity to acquire the property by eminent domain.

(b)    A description of the general location and extent of the
property to be taken, with sufficient detail for reasonable
identification.

(c)    A declaration that the legislative body has found and
determined each of the following:

(1)    The public interest and necessity require the proposed
project.

(2)    The proposed project is planned or located in the manner
that will be most compatible with the greatest good and least
private injury.

(3)    The property described in the resolution is necessary for
the proposed project.

(4)    The hardship to the quasi-public entity if the
acquisition of the property by eminent domain is not permitted
outweighs any hardship to the owners of such property.

1245.350.  (a) The legislative body may refuse to consent to the
acquisition with or without a hearing, but it may adopt the resolution
required by this article only after the legislative body has held a
hearing at which persons whose property is to be acquired by eminent
domain have had a reasonable opportunity to appear and be heard.

(b) Notice of the hearing shall be sent by first-class mail to each
person whose property is to be acquired by eminent domain if the name
and address of the person appears on the last equalized county
assessment roll (including the roll of state-assessed property).  The
notice shall state the time, place, and subject of the hearing and
shall be mailed at least 15 days prior to the date of the hearing.

1245.360.  The resolution required by this article shall be adopted by
a vote of two-thirds of all the members of the legislative body.

1245.370.  The legislative body may require that the quasi-public
entity pay all of the costs reasonably incurred by the legislative
body under this article.  The legislative body may require that such
costs be secured by payment or deposit or other satisfactory security
in advance of any action by the legislative body under this article.

1245.380.  The requirement of this article is in addition to any other
requirements imposed by law.  Nothing in this article relieves the
quasi-public entity from satisfying the requirements of Section 1240.030
or any other requirements imposed by law.

1245.390.  The adoption of a resolution pursuant to this article does
not make the city or county liable for any damages caused by the
acquisition of the property or by the project for which it is
acquired.

1250.010.  Except as otherwise provided in Section 1230.060 and in
Chapter 12 (commencing with Section 1273.010), all eminent domain
proceedings shall be commenced and prosecuted in the superior court.

1250.020.  (a) Except as provided in subdivision (b), the proceeding
shall be commenced in the county in which the property sought to be
taken is located.

(b) When property sought to be taken is situated in more than one
county, the plaintiff may commence the proceeding in any one of such
counties.

1250.030.  (a) Except as provided in subdivision (b), the county in
which the proceeding is commenced pursuant to Section 1250.020 is the
proper county for trial of the proceeding.

(b) Where the court changes the place of trial pursuant to Section

1250.040, the county to which the proceeding is transferred is the
proper county for trial of the proceeding.  1250.040.  The provisions
of the Code of Civil Procedure for the change of place of trial of
actions apply to eminent domain proceedings.

1250.110.  An eminent domain proceeding is commenced by filing a
complaint with the court.

1250.120.  (a) Except as provided in subdivision (b), the form
and contents of the summons shall be as in civil actions
generally.

(b) Where process is served by publication, in addition to
the summons, the publication shall describe the property sought
to be taken in a manner reasonably calculated to give persons
with an interest in the property actual notice of the pending
proceeding.

1250.125.  (a) Where summons is served by publication, the
publication may name only the defendants to be served thereby
and 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.

(c)    Notwithstanding subdivision (b), a defendant who did not
receive the offer required by Section 7267.2 of the Government
Code because the owner could not be located with reasonable
diligence, who was served by publication, and who failed to
appear, may contest the amount of compensation within one year
of the judgment and for good cause shown, whereupon that issue
shall be litigated according to the provisions of this title.

1250.130.  Where the court orders service by publication, it
shall also order the plaintiff (1) to post a copy of the summons
and complaint on the property sought to be taken and (2), if
not already recorded, to record a notice of the pendency of the
proceeding in the manner provided by Section 1250.150.  Such
posting and recording shall be done not later than 10 days after
the date the order is made.

1250.140.  Where the state is a defendant, the summons and the
complaint shall be served on the Attorney General.

1250.150.  The plaintiff, at the time of the commencement of
the proceeding, shall record a notice of the pendency of the
proceeding in the office of the county recorder of any county in
which property described in the complaint is located.  A copy
of the notice shall be served with the summons and complaint.

1250.210.  Each person seeking to take property by eminent
domain shall be named as a plaintiff.

1250.220.  (a) The plaintiff shall name as defendants, by their
real names, those persons who appear of record or are known by
the plaintiff to have or claim an interest in the property
described in the complaint.

(b) If a person described in subdivision (a) is dead and the
plaintiff knows of a duly qualified and acting personal
representative of the estate of such person, the plaintiff shall
name such personal representative as a defendant.  If a person
described in subdivision (a) is dead or is believed by the
plaintiff to be dead and if plaintiff knows of no duly qualified
and acting personal representative of the estate of such person
and states these facts in an affidavit filed with the
complaint, plaintiff may name as defendants "the heirs and
devisees of ____ (naming such deceased person), deceased, and
all persons claiming by, through, or under said decedent,"
naming them in that manner and, where it is stated in the
affidavit that such person is believed by the plaintiff to be
dead, such person also may be named as a defendant.

(c)    In addition to those persons described in subdivision (a),
the plaintiff may name as defendants "all persons unknown
claiming an interest in the property," naming them in that
manner.

(d)    A judgment rendered in a proceeding under this title is
binding and conclusive upon all persons named as defendants as
provided in this section and properly served.

1250.230.  Any person who claims a legal or equitable interest
in the property described in the complaint may appear in the
proceeding.  Whether or not such person is named as a defendant
in the complaint, he shall appear as a defendant.

1250.240.  The plaintiff may join in one complaint all property
located within the same county which is sought to be acquired
for the same project.

1250.250.  (a) If the only interest of the county or other
taxing agency in the property described in the complaint is a
lien for ad valorem taxes, the county or other taxing agency
need not be named as a defendant.

(b)    The holder of a lien that secures a special assessment or a
bond representing the special assessment shall be named as a
defendant, regardless of the nature of the special assessment
and the manner of collection of the special assessment.  The
holder of the lien may, instead of an answer, certify to the
court within 30 days after service of the summons and complaint
on the holder all of the following information:

(1)    A complete description of the lien.

(2)    A description of the property encumbered by the lien.

(3)    The amount remaining due on the lien as of the date of
the certificate.

(4)    The date upon which each installment payable on the lien
is due and the amount of each installment.

(c)    A copy of the certification shall be sent by first-class
mail to all parties to the proceeding at the time it is provided
to the court.  The filing of the certification or answer shall
be considered as a general appearance.

1250.310.  The complaint shall contain all of the following:

(a)    The names of all plaintiffs and defendants.

(b)    A description of the property sought to be taken.  The
description may, but is not required to, indicate the nature or
extent of the interest of the defendant in the property.

(c)    If the plaintiff claims an interest in the property sought
to be taken, the nature and extent of such interest.

(d)    A statement of the right of the plaintiff to take by eminent
domain the property described in the complaint.  The
statement shall include:

(1)    A general statement of the public use for which the
property is to be taken.

(2)    An allegation of the necessity for the taking as required
by Section 1240.030; where the plaintiff is a public entity, a
reference to its resolution of necessity; where the plaintiff is
a quasi-public entity within the meaning of Section 1245.320, a
reference to the resolution adopted pursuant to
Article 3 (commencing with Section 1245.310) of
Chapter 4; where the plaintiff is a nonprofit hospital, a reference to the
certificate required by Section 1260 of the Health and Safety
Code; where the plaintiff is a public utility and relies on a
certification of the State Energy Resources Conservation and
Development Commission or a requirement of that commission that
development rights be acquired, a reference to such
certification or requirement.

(3)    A reference to the statute that authorizes the plaintiff
to acquire the property by eminent domain.  Specification of
the statutory authority may be in the alternative and may be
inconsistent.

(e)    A map or diagram portraying as far as practicable the
property described in the complaint and showing its location in
relation to the project for which it is to be taken.

1250.320.  (a) The answer shall include a statement of the
nature and extent of the interest the defendant claims in the
property described in the complaint.

(b) Where the defendant seeks compensation provided in
Article 6 (commencing with Section 1263.510) (goodwill) of
Chapter 9, the answer shall include a statement that the
defendant claims compensation under Section 1263.510, but the
answer need not specify the amount of such compensation.

1250.325.  (a) A defendant may file a disclaimer at any time,
whether or not he is in default, and the disclaimer supersedes
an answer previously filed by the defendant.  The disclaimer
need not be in any particular form.  It shall contain a
statement that the defendant claims no interest in the property
or in the compensation that may be awarded.  Notwithstanding
Section 1250.330, the disclaimer shall be signed by the
defendant.

(b)    Subject to subdivision c, a defendant who has filed a
disclaimer has no right to participate in further proceedings or
to share in the compensation awarded.

(c)    The court may implement the disclaimer by appropriate orders
including, where justified, awarding costs and litigation
expenses.

1250.330.  Where a party is represented by an attorney, his
pleading need not be verified but shall be signed by the
attorney for the party.  The signature of the attorney
constitutes a certificate by him that he has read the pleading
and that to the best of his knowledge, information, and belief
there is ground to support it.  If the pleading is not signed or
is signed with intent to defeat the purposes of this section,
it may be stricken.

1250.340.  (a) Subject to subdivisions (b) and c, the court
may allow upon such terms and conditions as may be just an
amendment or supplement to any pleading.  In the case of an
amendment or supplement to the complaint, such terms and
conditions may include a change in the applicable date of
valuation for the proceeding and an award of costs and
litigation expenses which would not have been incurred had the
proceeding as originally commenced been the same as the
proceeding following such amendment or supplement.

(b) A public entity may add to the property sought to be
taken only if it has adopted a resolution of necessity that
satisfies the requirements of Article 2 (commencing with
Section 1245.210) of Chapter 4 for the property to be added.

(c)    Property previously sought to be taken may be deleted from
the complaint only if the plaintiff has followed the
procedure for partial abandonment of the proceeding as to that
property.

1250.345.  Subject to the power of the court to permit an
amendment of the answer, if the defendant fails to object to the
complaint, either by demurrer or answer, he is deemed to have
waived the objection.

1250.350.  A defendant may object to the plaintiff's right to
take, by demurrer or answer as provided in Section 430.30, on
any ground authorized by Section 1250.360 or Section 1250.370.
The demurrer or answer shall state the specific ground upon
which the objection is taken and, if the objection is taken by
answer, the specific facts upon which the objection is based.
An objection may be taken on more than one ground, and the
grounds may be inconsistent.

1250.360.  Grounds for objection to the right to take,
regardless of whether the plaintiff has adopted a resolution of
necessity that satisfies the requirements of Article 2 (commencing
with Section 1245.210) of Chapter 4, include:

(a)    The plaintiff is not authorized by statute to exercise the
power of eminent domain for the purpose stated in the
complaint.

(b)    The stated purpose is not a public use.

(c)    The plaintiff does not intend to devote the property
described in the complaint to the stated purpose.

(d)    There is no reasonable probability that the plaintiff will
devote the described property to the stated purpose within (1)
seven years, or (2) 10 years where the property is taken
pursuant to the Federal Aid Highway Act of 1973, or (3) such
longer period as is reasonable.

(e)    The described property is not subject to acquisition by the
power of eminent domain for the stated purpose.

(f)    The described property is sought to be acquired pursuant to
Section 1240.410 (excess condemnation), 1240.510 (condemnation
for compatible use), or 1240.610 (condemnation for
more necessary public use), but the acquisition does not
satisfy the requirements of those provisions.

(g)    The described property is sought to be acquired pursuant to
Section 1240.610 (condemnation for more necessary public
use), but the defendant has the right under Section 1240.630 to
continue the public use to which the property is appropriated as
a joint use.

(h)    Any other ground provided by law.

1250.370.  In addition to the grounds listed in Section 1250.360,
grounds for objection to the right to take where the
plaintiff has not adopted a resolution of necessity that
conclusively establishes the matters referred to in
Section 1240.030 include:

(a)    The plaintiff is a public entity and has not adopted a
resolution of necessity that satisfies the requirements of
Article 2 (commencing with Section 1245.210) of Chapter 4.

(b)    The public interest and necessity do not require the
proposed project.

(c)    The proposed project is not planned or located in the manner
that will be most compatible with the greatest public
good and the least private injury.

(d)    The property described in the complaint is not necessary for
the proposed project.

(e)    The plaintiff is a quasi-public entity within the meaning of
Section 1245.320 and has not satisfied the requirements of
Article 3 (commencing with Section 1245.310) of Chapter 4.

1250.410.  (a) At least 30 days prior to the date of the trial
on issues relating to compensation, the plaintiff shall file
with the court and serve on the defendant its final offer of
compensation in the proceeding and the defendant shall file and
serve on the plaintiff its final demand for compensation in the
proceeding.  Such offers and demands shall be the only offers
and demands considered by the court in determining the
entitlement, if any, to litigation expenses.  Service shall be
in the manner prescribed by Chapter 5 (commencing with
Section 1010) of Title 14 of Part 2.

(b)    If the court, on motion of the defendant made within 30 days
after entry of judgment, finds that the offer of the
plaintiff was unreasonable and that the demand of the defendant
was reasonable viewed in the light of the evidence admitted and
the compensation awarded in the proceeding, the costs allowed
pursuant to Section 1268.710 shall include the defendant's
litigation expenses.

In determining the amount of such litigation expenses, the
court shall consider the offer required to be made by the
plaintiff pursuant to Section 7267.2 of the Government Code and
any other written offers and demands filed and served prior to
or during the trial.

(c)    If timely made, the offers and demands as provided in
subdivision (a) shall be considered by the court on the issue of
determining an entitlement to litigation expenses.

1255.010.  (a) At any time before entry of judgment, the
plaintiff may deposit with the State Treasury the probable
amount of compensation, based on an appraisal, that will be
awarded in the proceeding.  The appraisal upon which the deposit
is based shall be one that satisfies the requirements of
subdivision (b).  The deposit may be made whether or not the
plaintiff applies for an order for possession or intends to do
so.

(b) Before making a deposit under this section, the plaintiff
shall have an expert qualified to express an opinion as to the
value of the property (1) make an appraisal of the property and

(2)    prepare a written statement of, or summary of the basis for,
the appraisal.

(c)    On noticed motion, or upon ex parte application in an
emergency, the court may permit the plaintiff to make a deposit
without prior compliance with subdivision (b) if the plaintiff
presents facts by affidavit showing that (1) good cause exists
for permitting an immediate deposit to be made, (2) an adequate
appraisal has not been completed and cannot reasonably be
prepared before making the deposit, and (3) the amount of the
deposit to be made is not less than the probable amount of
compensation that the plaintiff, in good faith, estimates will
be awarded in the proceeding.  In its order, the court shall
require that the plaintiff comply with subdivision (b) within a
reasonable time, to be specified in the order, and also that any
additional amount of compensation shown by the appraisal
required by subdivision (b) be deposited within that time.

1255.020.  (a) On making a deposit pursuant to
Section 1255.010, the plaintiff shall serve a notice of deposit on all
parties who have appeared in the proceeding and file with the
court a proof of service together with the notice of deposit.
The plaintiff shall so serve parties who appear thereafter on
their appearance.  The notice of deposit shall state that a
deposit has been made and the date and the amount of the
deposit.  Service of the notice of deposit shall be made in the
manner provided in Section 1255.450 for service of an order for
possession.

(b) The notice of deposit shall be accompanied by a written
statement or summary of the basis for the appraisal referred to
in Section 1255.010.

(c)    If the plaintiff has obtained an order under Section 1255.010
deferring completion of the written statement or summary, the plaintiff:

(1)    On making the deposit, shall comply with subdivision (a) and
include with the notice a copy of all affidavits on which
the order was based.

(2)    Upon completion of the written statement or summary, shall
comply with subdivision (b).

1255.030.  (a) At any time after a deposit has been made
pursuant to this article, the court shall, upon motion of the
plaintiff or of any party having an interest in the property for
which the deposit was made, determine or redetermine whether
the amount deposited is the probable amount of compensation that
will be awarded in the proceeding.

(b) If the plaintiff has not taken possession of the property
and the court determines that the probable amount of
compensation exceeds the amount deposited, the court may order
the plaintiff to increase the deposit or may deny the plaintiff
possession of the property until the amount deposited has been
increased to the amount specified in the order.

(c)    If the plaintiff has taken possession of the property and
the court determines that the probable amount of compensation
exceeds the amount deposited, the court shall order the amount
deposited to be increased to the amount determined to be the
probable amount of compensation.  If the amount on deposit is
not increased accordingly within 30 days from the date of the
court's order, or such longer time as the court may have allowed
at the time of making the order, the defendant may serve on the
plaintiff a notice of election to treat such failure as an
abandonment of the proceeding.  If the plaintiff does not cure
its failure within 10 days after receipt of such notice, the
court shall, upon motion of the defendant, enter judgment
dismissing the proceeding and awarding the defendant his
litigation expenses and damages as provided in Sections 1268.610
and 1268.620.

(d)    After any amount deposited pursuant to this article has been
withdrawn by a defendant, the court may not determine or
redetermine the probable amount of compensation to be less than
the total amount already withdrawn.  Nothing in this subdivision
precludes the court from making a determination or
redetermination that probable compensation is greater than the
amount withdrawn.

(e)    If the court determines that the amount deposited exceeds
the probable amount of compensation, it may permit the
plaintiff to withdraw the excess not already withdrawn by the
defendant.

(f)    The plaintiff may at any time increase the amount deposited
without making a motion under this section.  In such
case, notice of the increase shall be served as provided in
subdivision (a) of Section 1255.020.

1255.040.  (a) Where the plaintiff has not made a deposit that
satisfies the requirements of this article and the property
includes a dwelling containing not more than two residential
units and the dwelling or one of its units is occupied as his
residence by a defendant, such defendant may serve notice on the
plaintiff requiring a deposit of the probable amount of
compensation that will be awarded in the proceeding.  The notice
shall specify the date by which the defendant desires the
deposit to be made.  Such date shall not be earlier than 30 days
after the date of service of the notice and may be any later
date.

(b)    If the plaintiff deposits the probable amount of
compensation, determined or redetermined as provided in this
article, on or before the date specified by the defendant, the
plaintiff may, upon ex parte application to the court, obtain an
order for possession that authorizes the plaintiff to take
possession of the property 30 days after the date for the
deposit specified by the defendant or such later date as the
plaintiff may request.

(c)    Notwithstanding Section 1268.310, if the deposit is not made
on or before the date specified by the defendant or such
later date as the court specifies on motion and good cause shown
by the plaintiff, the compensation awarded to the defendant in
the proceeding shall draw legal interest from that date.  The
defendant is entitled to the full amount of such interest
without offset for rents or other income received by him or the
value of his continued possession of the property.

(d)    If the proceeding is abandoned by the plaintiff, the
interest under subdivision c may be recovered as costs in the
proceeding in the manner provided for the recovery of litigation
expenses under Section 1268.610.  If, in the proceeding, the
court or a jury verdict eventually determines the compensation
that would have been awarded to the defendant, then such
interest shall be computed on the amount of such award.  If no
such determination is ever made, then such interest shall be
computed on the probable amount of compensation as determined by
the court.

(e)    The serving of a notice pursuant to this section constitutes
a waiver by operation of law, conditioned upon
subsequent deposit by the plaintiff of the probable amount of
compensation, of all claims and defenses in favor of the
defendant except his claim for greater compensation.

(f)    Notice of a deposit made under this section shall be served
as provided by subdivision (a) of Section 1255.020.  The
defendant may withdraw the deposit as provided in
Article 2 (commencing with Section 1255.210.).

(g)    No notice may be served by a defendant under subdivision (a)
after entry of judgment unless the judgment is reversed,
vacated, or set aside and no other judgment has been entered at
the time the notice is served.

1255.050.  If the property to be taken is subject to a
leasehold interest and the plaintiff has not made a deposit that
satisfies the requirements of this article, the lessor may
serve notice on the plaintiff requiring a deposit of the
probable amount of compensation that will be awarded in the
proceeding in the same manner and subject to the same procedures
and conditions as a motion pursuant to Section 1255.040 except
that, if the plaintiff fails to make the deposit, the interest
awarded shall be offset by the lessor's net rental profits on
the property.

1255.060.  (a) The amount deposited or withdrawn pursuant to
this chapter shall not be given in evidence or referred to in
the trial of the issue of compensation.

(b)    In the trial of the issue of compensation, a witness may not
be impeached by reference to any appraisal report, written
statement and summary of an appraisal, or other statements made
in connection with a deposit or withdrawal pursuant to this
chapter, nor shall such a report or statement and summary be
considered to be an admission of any party.

(c)    Upon objection of the party at whose request an appraisal
report, written statement and summary of the appraisal, or
other statement was made in connection with a deposit or
withdrawal pursuant to this chapter, the person who made such
report or statement and summary or other statement may not be
called at the trial on the issue of compensation by any other
party to give an opinion as to compensation.

1255.070.  In lieu of depositing the money with the State
Treasury as provided in Section 1255.010, upon written request
of the plaintiff, the court shall order the money be deposited
in the county treasury.  If money is deposited in the State
Treasury pursuant to Section 1255.010, it shall be held,
invested, deposited, and disbursed in the manner specified in
Article 10 (commencing with Section 16429) of Chapter 2 of Part 2
of Division 4 of Title 2 of the Government Code, and interest
earned or other increment derived from its investment shall be
apportioned and disbursed in the manner specified in that
article.  As between the parties to the proceeding, money
deposited pursuant to this article shall remain at the risk of
the plaintiff until paid or made payable to the defendant by
order of the court.

1255.075.  (a) Prior to entry of judgment, a defendant who has
an interest in the property for which a deposit has been made
under this chapter may, upon notice to the other parties to the
proceeding, move the court to have all of such deposit invested
for the benefit of the defendants.

(b)    At the hearing on the motion, the court shall consider the
interests of the parties and the effect that investment
would have upon them.  The court may, in its discretion, if it
finds that the interests of justice will be served, grant the
motion subject to such terms and conditions as are appropriate
under the circumstances of the case.

(c)    An investment under this section shall be specified by the
court and shall be limited to United States government
obligations or interest-bearing accounts in an institution whose
accounts are insured by an agency of the federal government.

(d)    The investment of the deposit has the same consequences as
if the deposit has been withdrawn under this chapter.

1255.080.  By depositing the probable compensation pursuant to
this article, the plaintiff does not waive the right to appeal
from the judgment, the right to move to abandon, or the right to
request a new trial.

1255.210.  Prior to entry of judgment, any defendant may apply
to the court for the withdrawal of all or any portion of the
amount deposited.  The application shall be verified, set forth
the applicant's interest in the property, and request withdrawal
of a stated amount.  The applicant shall serve a copy of the
application on the plaintiff.

1255.220.  Subject to the requirements of this article, the
court shall order the amount requested in the application, or
such portion of that amount as the applicant is entitled to
receive, to be paid to the applicant.

1255.230.  (a) No withdrawal may be ordered until 20 days after
service on the plaintiff of a copy of the application or until
the time for all objections has expired, whichever is later.

(b)    Within the 20-day period, the plaintiff may file objections
to withdrawal on any one or more of the following
grounds:

(1)    Other parties to the proceeding are known or believed to
have interests in the property.

(2)    An undertaking should be filed by the applicant as
provided in Section 1255.240 or 1255.250.

(3)    The amount of an undertaking filed by the applicant under
this chapter or the sureties thereon are insufficient.

(c)    If an objection is filed on the ground that other parties
are known or believed to have interests in the property, the
plaintiff shall serve or attempt to serve on such other parties
a notice that they may appear within 10 days after such service
and object to the withdrawal.  The notice shall advise such
parties that their failure to object will result in waiver of
any rights against the plaintiff to the extent of the amount
withdrawn.  The notice shall be served in the manner provided in
Section 1255.450 for service of an order for possession.  The
plaintiff shall file, and serve on the applicant, a report
setting forth (1) the names of the parties upon whom the notice
was served and the dates of service and (2) the names and last
known addresses of the other parties who are known or believed
to have interests in the property but who were not so served.
The applicant may serve parties whom the plaintiff has been
unable to serve.  Parties served in the manner provided in
Section 1255.450 shall have no claim against the plaintiff for
compensation to the extent of the amount withdrawn by all
applicants.  The plaintiff shall remain liable to parties having
an interest of record who are not so served but, if such
liability is enforced, the plaintiff shall be subrogated to the
rights of such parties under Section 1255.280.

(d)    If any party objects to the withdrawal, or if the plaintiff
so requests, the court shall determine, upon hearing,
the amounts to be withdrawn, if any, and by whom.

1255.240.  (a) If the court determines that an applicant is
entitled to withdraw any portion of a deposit that another party
claims or to which another person may be entitled, the court
may require the applicant, before withdrawing such portion, to
file an undertaking.  The undertaking shall secure payment to
such party or person of any amount withdrawn that exceeds the
amount to which the applicant is entitled as finally determined
in the proceeding, together with interest as provided in
Section 1255.280.  If withdrawal is permitted notwithstanding the lack
of personal service of the application for withdrawal upon any
party to the proceeding, the court may also require that the
undertaking indemnify the plaintiff against any liability it may
incur under Section 1255.230.  The undertaking shall be in such
amount as is fixed by the court, but if executed by an admitted
surety insurer the amount shall not exceed the portion claimed
by the adverse claimant or appearing to belong to another
person.  If executed by two or more sufficient sureties, the
amount shall not exceed double such portion.

(b) If the undertaking is required primarily because of an
issue as to title between the applicant and another party or
person, the applicant filing the undertaking is not entitled to
recover the premium reasonably paid for the undertaking as a
part of the recoverable costs in the eminent domain proceeding.

1255.250.  (a) If the amount originally deposited is increased
pursuant to Section 1255.030 and the total amount sought to be
withdrawn exceeds the amount of the original deposit, the
applicant, or each applicant if there are two or more, shall
file an undertaking.  The undertaking shall be in favor of the
plaintiff and shall secure repayment of any amount withdrawn
that exceeds the amount to which the applicant is entitled as
finally determined in the eminent domain proceeding, together
with interest as provided in Section 1255.280.  If the
undertaking is executed by an admitted surety insurer, the
undertaking shall be in the amount by which the total amount to
be withdrawn exceeds the amount originally deposited.  If the
undertaking is executed by two or more sufficient sureties, the
undertaking shall be in double such amount, but the maximum
amount that may be recovered from such sureties is the amount by
which the total amount to be withdrawn exceeds the amount
originally deposited.

(b) If there are two or more applicants, the applicants, in
lieu of filing separate undertakings, may jointly file a single
undertaking in the amount required by subdivision (a).

1255.260.  If any portion of the money deposited pursuant to
this chapter is withdrawn, the receipt of any such money shall
constitute a waiver by operation of law of all claims and
defenses in favor of the persons receiving such payment except a
claim for greater compensation.

1255.280.  (a) Any amount withdrawn by a party pursuant to this
article in excess of the amount to which he is entitled as
finally determined in the eminent domain proceeding shall be
paid to the parties entitled thereto.  The court shall enter
judgment accordingly.

(b)    The judgment so entered shall not include interest except in
the following cases:

(1)    Any amount that is to be paid to a defendant shall
include legal interest from the date of its withdrawal by
another defendant.

(2)    If the amount originally deposited by a plaintiff was
increased pursuant to Section 1255.030 on motion of a party
obligated to pay under this section, any amount that is
attributable to such increase and that is to be repaid to the
plaintiff shall include legal interest from the date of its
withdrawal.

(c)    If the judgment so entered is not paid within 30 days after
its entry, the court may, on motion, enter judgment
against the sureties, if any, for the amount of such judgment.

(d)    The court may, in its discretion and with such security, if
any, as it deems appropriate, grant a party obligated to pay
under this section a stay of execution for any amount to be paid
to a plaintiff.  Such stay of execution shall not exceed one
year following entry of judgment under this section.

1255.410.  (a) At the time of filing the complaint or at any
time after filing the complaint and prior to entry of judgment,
the plaintiff may apply ex parte to the court for an order for
possession under this article, and the court shall make an order
authorizing the plaintiff to take possession of the property if
the plaintiff is entitled to take the property by eminent
domain and has deposited pursuant to Article 1 (commencing with
Section 1255.010) an amount that satisfies the requirements of
that article.

(b)    The order for possession shall describe the property of
which the plaintiff is authorized to take possession, which
description may be by reference to the complaint, and shall
state the date after which the plaintiff is authorized to take
possession of the property.

(c)    Notwithstanding the time limits for notice prescribed by
Section 1255.450, if the court finds that the plaintiff has an
urgent need for possession of property and that possession will
not displace or unreasonably affect any person in actual and
lawful possession of the property to be taken or the larger
parcel of which it is a part, the court may make an order for
possession of such property upon such notice, not less than
three days, as the court deems appropriate under the
circumstances of the case.

1255.420.  Not later than 30 days after service of an order
authorizing the plaintiff to take possession of property under
Section 1255.410, any defendant or occupant of the property may
move for relief from the order if the hardship to him of having
possession taken at the time specified in the order is
substantial.  If the court determines that the hardship to the
defendant or occupant is substantial, the court may stay the
order until a date certain or impose terms and conditions
limiting its operation unless, upon considering all relevant
facts (including the schedule or plan of operation for execution
of the public improvement and the situation of the property
with respect to such schedule or plan), the court further
determines (a) that the plaintiff needs possession of the
property within the time specified in the order for possession
and (b) that the hardship the plaintiff would suffer as a result
of a stay or limitation of the order would be substantial.

1255.430.  If the plaintiff has been authorized to take
possession of property under Section 1255.410 and the defendant
has objected to the plaintiff's right to take the property by
eminent domain, the court, if it finds there is a reasonable
probability the defendant will prevail, shall stay the order for
possession until it has ruled on the defendant's objections.

1255.440.  If an order has been made under Section 1255.410
authorizing the plaintiff to take possession of property and the
court subsequently determines that the conditions specified in
Section 1255.410 for issuance of the order are not satisfied,
the court shall vacate the order.

1255.450.  (a) As used in this section, "record owner" means
the owner of the legal or equitable title to the fee or any
lesser interest in property as shown by recorded deeds or other
recorded instruments.

(b) The plaintiff shall serve a copy of the order for
possession issued under Section 1255.410 on the record owner of
the property and on the occupants, if any.  If the property is
lawfully occupied by a person dwelling thereon or by a farm or
business operation, service shall be made not less than 90 days
prior to the time possession is to be taken pursuant to the
order.  In all other cases, service shall be made not less than 30
days prior to the time possession is to be taken pursuant to
the order.  Service may be made with or following service of
summons.

(c)    At least 30 days prior to the time possession is taken
pursuant to an order for possession made pursuant to
Section 1255.040, 1255.050, or 1255.460, the plaintiff shall serve a
copy of the order on the record owner of the property and on the
occupants, if any.

(d)    Service of the order shall be made by personal service
except that:

(1)    If the person on whom service is to be made has
previously appeared in the proceeding or been served with
summons in the proceeding, service of the order may be made by
mail upon such person and his attorney of record, if any.

(2)    If the person on whom service is to be made resides out
of the state, or has departed from the state or cannot with
due
diligence be found within the state, service of the order may be
made by registered or certified mail addressed to such person
at his last known address.

(e)    The court may, for good cause shown on ex parte application,
authorize the plaintiff to take possession of the
property without serving a copy of the order for possession upon
a record owner not occupying the property.

(f)    A single service upon or mailing to one of several persons
having a common business or residence address is
sufficient.

1255.460.  (a) Upon ex parte application, the court shall make
an order authorizing the plaintiff to take possession of the
property if the court determines that the plaintiff has
deposited probable compensation pursuant to Article 1 (commencing
with Section 1255.010) and that each of the
defendants entitled to possession has done either of the
following:

(1)    Expressed in writing his willingness to surrender possession
of the property on or after a stated date.

(2)    Withdrawn any portion of the deposit.

(b) The order for possession shall:

(1)    Recite that it has been made under this section.

(2)    Describe the property to be acquired, which description may
be by reference to the complaint.

(3)    State the date after which plaintiff is authorized to take
possession of the property.  Unless the plaintiff requests
a later date, such date shall be the date stated by the
defendant or, if a portion of the deposit is withdrawn, the
earliest date on which the plaintiff would be entitled to take
possession of the property under subdivision c of Section 1255.450.

1255.470.  By taking possession pursuant to this chapter, the
plaintiff does not waive the right to appeal from the judgment,
the right to move to abandon, or the right to request a new
trial.

1255.480.  Nothing in this article limits the right of a public
entity to exercise its police power in emergency situations.

1258.010.  The provisions of this chapter supplement but do not
replace, restrict, or prevent the use of discovery procedures
or limit the matters that are discoverable in eminent domain
proceedings.

1258.020.  (a) Notwithstanding any other statute or any court
rule relating to discovery, proceedings pursuant to subdivision

(b) may be had without requirement of court order and may
proceed until not later than 20 days prior to the day set for
trial of the issue of compensation.

(b)    A party to an exchange of lists of expert witnesses and
statements of valuation data pursuant to Article 2 (commencing
with Section 1258.210) or pursuant to court rule as provided in
Section 1258.300 may after the time of the exchange obtain
discovery from the other party to the exchange and from any
person listed by him as an expert witness.

(c)    The court, upon noticed motion by the person subjected to
discovery pursuant to subdivision (b), may make any order that
justice requires to protect such person from annoyance,
embarrassment, or oppression.

1258.030.  Nothing in this chapter makes admissible any
evidence that is not otherwise admissible or permits a witness
to base an opinion on any matter that is not a proper basis for
such an opinion.

1258.210.  (a) Not later than the 10th day after the trial date
is selected, any party may file and serve on any other party a
demand to exchange lists of expert witnesses and statements of
valuation data.  Thereafter, the court may, upon noticed motion
and a showing of good cause, permit any party to serve such a
demand upon any other party.

(b) The demand shall:

(1)    Describe the property to which it relates, which description
may be by reference to the complaint.

(2)    Include a statement in substantially the following form:
"You are required to serve and deposit with the clerk of court
a list of expert witnesses and statements of valuation data in
compliance with Article 2 (commencing with Section 1258.210) of
Chapter 7 of Title 7 of Part 3 of the Code of Civil Procedure
not later than the date of exchange to be set in accordance with
that article.  Except as otherwise provided in that article,
your failure to do so will constitute a waiver of your right to
call unlisted expert witnesses during your case in chief and of
your right to introduce on direct examination during your case
in chief any matter that is required to be, but is not, set
forth in your statements of valuation data."

1258.220.  For the purposes of this article, the "date of
exchange" is the date agreed to for the exchange of their lists
of expert witnesses and statements of valuation data by the
party who served a demand and the party on whom the demand was
served or, failing such agreement, a date 40 days prior to
commencement of the trial on the issue of compensation or the
date set by the court on noticed motion of either party
establishing good cause therefor.

1258.230.  (a) Not later than the date of exchange:

(1)    Each party who served a demand and each party upon whom a
demand was served shall deposit with the clerk of the court a
list of expert witnesses and statements of valuation data.

(2)    A party who served a demand shall serve his list and
statements upon each party on whom he served his demand.

(3)    Each party on whom a demand was served shall serve his list
and statements upon the party who served the demand.

(b) The clerk of the court shall make an entry in the
register of actions for each list of expert witnesses and
statement of valuation data deposited with him pursuant to this
article.  The lists and statements shall not be filed in the
proceeding, but the clerk shall make them available to the court
at the commencement of the trial for the limited purpose of
enabling the court to apply the provisions of this article.
Unless the court otherwise orders, the clerk shall, at the
conclusion of the trial, return all lists and statements to the
attorneys for the parties who deposited them.  Lists or
statements ordered by the court to be retained may thereafter be
destroyed or otherwise disposed of in accordance with the
provisions of law governing the destruction or disposition of
exhibits introduced in the trial.

1258.240.  The list of expert witnesses shall include the name,
business or residence address, and business, occupation, or
profession of each person intended to be called as an expert
witness by the party and a statement of the subject matter to
which his testimony relates.

1258.250.  A statement of valuation data shall be exchanged for
each person the party intends to call as a witness to testify
to his opinion as to any of the following matters:

(a)    The value of the property being taken.

(b)    The amount of the damage, if any, to the remainder of the
larger parcel from which such property is taken.

(c)    The amount of the benefit, if any, to the remainder of the
larger parcel from which such property is taken.

(d)    The amount of any other compensation required to be paid by
Chapter 9 (commencing with Section 1263.010) or
Chapter 10 (commencing with Section 1265.010).

1258.260.  (a) The statement of valuation data shall give the
name and business or residence address of the witness and shall
include a statement whether the witness will testify to an
opinion as to any of the matters listed in Section 1258.250 and,
as to each such matter upon which he will give an opinion, what
that opinion is and the following items to the extent that the
opinion on such matter is based thereon:

(1)    The interest being valued.

(2)    The date of valuation used by the witness.

(3)    The highest and best use of the property.

(4)    The applicable zoning and the opinion of the witness as to
the probability of any change in such zoning.

(5)    The sales, contracts to sell and purchase, and leases
supporting the opinion.

(6)    The cost of reproduction or replacement of the existing
improvements on the property, the depreciation or obsolescence
the improvements have suffered, and the method of calculation
used to determine depreciation.

(7)    The gross income from the property, the deductions from
gross income, and the resulting net income; the reasonable net
rental value attributable to the land and existing improvements
thereon, and the estimated gross rental income and deductions
therefrom upon which such reasonable net rental value is
computed; the rate of capitalization used; and the value
indicated by such capitalization.

(8)    If the property is a portion of a larger parcel, a
description of the larger parcel and its value.

(b)    With respect to each sale, contract, or lease listed
under paragraph (5) of subdivision (a), the statement of
valuation data shall give:

(1)    The names and business or residence addresses, if
known, of the parties to the transaction.

(2)    The location of the property subject to the
transaction.

(3)    The date of the transaction.

(4)    If recorded, the date of recording and the volume and
page or other identification of the record of the
transaction.

(5)    The price and other terms and circumstances of the
transaction.  In lieu of stating the terms contained in any
contract, lease, or other document, the statement may, if the
document is available for inspection by the adverse party, state
the place where and the times when it is available for
inspection.

(6)    The total area and shape of the property subject to the
transaction.

(c)    If any opinion referred to in Section 1258.250 is based
in whole or in substantial part upon the opinion of another
person, the statement of valuation data shall include the name
and business or residence address of such other person, his
business, occupation, or profession, and a statement as to the
subject matter to which his opinion relates.

(d)    Except when an appraisal report is used as a statement of
valuation data as permitted by subdivision (e), the statement
of valuation data shall include a statement, signed by the
witness, that the witness has read the statement of valuation
data and that it fairly and correctly states his opinions and
knowledge as to the matters therein stated.

(e)    An appraisal report that has been prepared by the witness
which includes the information required to be included in a
statement of valuation data may be used as a statement of
valuation data under this article.

1258.270.  (a) A party who is required to exchange lists of
expert witnesses and statements of valuation data shall
diligently give notice to the parties upon whom his list and
statements were served if, after service of his list and
statements, he:

(1)    Determines to call an expert witness not included in his
list of expert witnesses to testify on direct examination during
his case in chief;

(2)    Determines to have a witness called by him testify on direct
examination during his case in chief to any opinion or
data required to be listed in the statement of valuation data
for that witness but which was not so listed; or

(3)    Discovers any data required to be listed in a statement of
valuation data but which was not so listed.

(b) The notice required by subdivision (a) shall include the
information specified in Sections 1258.240 and 1258.260 and
shall be in writing; but such notice is not required to be in
writing if it is given after the commencement of the trial.

1258.280.  Except as provided in Section 1258.290, upon
objection of a party who has served his list of expert witnesses
and statements of valuation data in compliance with Section 1258.230:

(a)    No party required to serve a list of expert witnesses on the
objecting party may call an expert witness to testify on
direct examination during his case in chief unless the
information required by Section 1258.240 for such witness is
included in the list served.

(b)    No party required to serve statements of valuation data on
the objecting party may call a witness to testify on direct
examination during his case in chief to his opinion on any
matter listed in Section 1258.250 unless a statement of
valuation data for such witness was served.

(c)    No witness called by a party required to serve statements of
valuation data on the objecting party may testify on direct
examination during the case in chief of the party who called him
to any opinion or data required to be listed in the statement
of valuation data for such witness unless such opinion or data
is listed in the statement served except that testimony that is
merely an explanation or elaboration of data so listed is not
inadmissible under this subdivision.

1258.290.  (a) The court may, upon such terms as may be
just (including but not limited to continuing the trial for a
reasonable period of time and awarding costs and litigation
expenses), permit a party to call a witness, or permit a witness
called by a party to testify to an opinion or data on direct
examination, during the party's case in chief where such
witness, opinion, or data is required to be, but is not,
included in such party's list of expert witnesses or statements
of valuation data if the court finds that such party has made a
good faith effort to comply with Sections 1258.210 to 1258.260,
inclusive, that he has complied with Section 1258.270, and that
by the date of exchange he:

(1)    Would not in the exercise of reasonable diligence have
determined to call such witness or discovered or listed such
opinion or data; or

(2)    Failed to determine to call such witness or to discover or
list such opinion or data through mistake, inadvertence,
surprise, or excusable neglect.

(b) In making a determination under this section, the court
shall take into account the extent to which the opposing party
has relied upon the list of expert witnesses and statements of
valuation data and will be prejudiced if the witness is called
or the testimony concerning such opinion or data is given.

1258.300.  The superior court in any county may provide by
court rule a procedure for the exchange of valuation data which
shall be used in lieu of the procedure provided by this article
if the Judicial Council finds that such procedure serves the
same purpose and is an adequate substitute for the procedure
provided by this article.

1260.010.  Proceedings under this title take precedence over
all other civil actions in the matter of setting the same for
hearing or trial in order that such proceedings shall be quickly
heard and determined.

1260.020.  (a) If proceedings to acquire the same property are
consolidated, the court shall first determine whether the public
uses for which the property is sought are compatible within the
meaning of Article 6 (commencing with Section 1240.510) of
Chapter 3.  If the court determines that the uses are
compatible, it shall permit the proceeding to continue with the
plaintiffs acting jointly.  The court shall apportion the
obligation to pay any award in the proceeding in proportion to
the use, damage, and benefits attributable to each plaintiff.

(b) If the court determines pursuant to subdivision (a) that
the uses are not all compatible, it shall further determine
which of the uses is the more necessary public use within the
meaning of Article 7 (commencing with Section 1240.610) of
Chapter 3.  The court shall permit the plaintiff alleging the
more necessary public use, along with any other plaintiffs
alleging compatible public uses under subdivision (a), to
continue the proceeding.  The court shall dismiss the proceeding
as to the other plaintiffs.

1260.030.  (a) If there is a dispute between plaintiff and
defendant whether particular property is an improvement
pertaining to the realty, either party may, not later than 30
days prior to the date specified in an order for possession of
the property, move the court for a determination whether the
property is an improvement pertaining to the realty.

(b) A motion under this section shall be heard not sooner
than 10 days and not later than 20 days after service of notice
of the motion.  At the hearing, the court may consider any
relevant evidence, including a view of the premises and
property, in making its determinations.

1260.110.  (a) Where objections to the right to take are
raised, unless the court orders otherwise, they shall be heard
and determined prior to the determination of the issue of
compensation.

(b) The court may, on motion of any party, after notice and
hearing, specially set such objections for trial.

1260.120.  (a) The court shall hear and determine all
objections to the right to take.

(b) If the court determines that the plaintiff has the right
to acquire by eminent domain the property described in the
complaint, the court shall so order.

(c)    If the court determines that the plaintiff does not have the
right to acquire by eminent domain any property described in
the complaint, it shall order either of the following:

(1)    Immediate dismissal of the proceeding as to that
property.

(2)    Conditional dismissal of the proceeding as to that
property unless such corrective and remedial action as the
court may prescribe has been taken within the period prescribed by
the court in the order.  An order made under this paragraph may
impose such limitations and conditions as the court determines
to be just under the circumstances of the particular case
including the requirement that the plaintiff pay to the
defendant all or part of the reasonable litigation expenses
necessarily incurred by the defendant because of the plaintiff's
failure or omission which constituted the basis of the
objection to the right to take.

1260.210.  (a) The defendant shall present his evidence on the
issue of compensation first and shall commence and conclude the
argument.

(b) Except as otherwise provided by statute, neither the
plaintiff nor the defendant has the burden of proof on the issue
of compensation.

1260.220.  (a) Except as provided in subdivision (b), where
there are divided interests in property acquired by eminent
domain, the value of each interest and the injury, if any, to
the remainder of such interest shall be separately assessed and
compensation awarded therefor.

(b) The plaintiff may require that the amount of compensation
be first determined as between plaintiff and all defendants
claiming an interest in the property.  Thereafter, in the same
proceeding, the trier of fact shall determine the respective
rights of the defendants in and to the amount of compensation
awarded and shall apportion the award accordingly.  Nothing in
this subdivision limits the right of a defendant to present
during the first stage of the proceeding evidence of the value
of, or injury to, the property or the defendant's interest in
the property; and the right of a defendant to present evidence
during the second stage of the proceeding is not affected by the
failure to exercise the right to present evidence during the
first stage of the proceeding.

1260.230.  As far as practicable, the trier of fact shall
assess separately each of the following:

(a)    Compensation for the property taken as required by
Article 4 (commencing with Section 1263.310) of Chapter 9.

(b)    Where the property acquired is part of a larger parcel:

(1)    The amount of the damage, if any, to the remainder as
required by Article 5 (commencing with Section 1263.410) of
Chapter 9.

(2)    The amount of the benefit, if any, to the remainder as
required by Article 5 (commencing with Section 1263.410) of
Chapter 9.

(c)    Compensation for loss of goodwill, if any, as required by
Article 6 (commencing with Section 1263.510) of Chapter 9.

1260.240.  Where any persons unknown or any deceased persons or
the heirs and devisees of any deceased persons have been
properly joined as defendants but have not appeared either
personally or by a personal representative, the court shall
determine the extent of the interests of such defendants in the
property taken or in the remainder if the property taken is part
of a larger parcel and the compensation to be awarded for such
interests.  The court may determine the extent and value of the
interests of all such defendants in the aggregate without
apportionment between the respective defendants.  In any event,
in the case of deceased persons, the court shall determine only
the extent and value of the interest of the decedent and shall
not determine the extent and value of the separate interests of
the heirs and devisees in such decedent's interest.

1260.250.  (a) The court shall by order give the tax collector
the legal description of the property sought to be taken and
direct the tax collector to certify to the court the information
required by subdivision c, and the tax collector shall
promptly certify the required information to the court.

(b) The court order shall be made on or before the earliest
of the following dates:

(1)    The date the court makes an order for possession.

(2)    The date set for trial.

(3)    The date of entry of judgment.

(c)    The court order shall require certification of the
following information:

(1)    The current assessed value of the property together
with its assessed identification number.

(2)    All unpaid taxes on the property, and any penalties and
costs that have accrued thereon while on the secured roll,
levied for prior tax years that constitute a lien on the
property.

(3)    All unpaid taxes on the property, and any penalties and
costs that have accrued thereon while on  the secured roll,
levied for the current tax year that constitute a lien on the
property prorated to, but not including, the date of
apportionment determined pursuant to Section 5082 of the Revenue
and Taxation Code or the date of trial, whichever is earlier.
If the amount of the current taxes is not ascertainable at the
time of proration, the amount shall be estimated and computed
based on the assessed value for the current assessment year and
the tax rate levied on the property for the immediately prior
tax year.

(4)    The actual or estimated amount of taxes on the property
that are or will become a lien on the property in the next
succeeding tax year prorated to, but not including, the date of
apportionment determined pursuant to Section 5082 of the Revenue
and Taxation Code or the date of trial, whichever is earlier.
Any estimated amount of taxes shall be computed based on the
assessed value of the property for the current assessment year
and the tax rate levied on the property for the current tax
year.

(5)    The amount of the taxes, penalties, and costs allocable
to one day of the current tax year, and where applicable,
the
amount allocable to one day of the next succeeding tax year,
hereinafter referred to as the "daily prorate."

(6)    The total of paragraphs (2), (3), and (4).

(d)    If the property sought to be taken does not have a
separate valuation on the assessment roll, the information
required by this section shall be for the larger parcel of which
the property is a part.

(e)    The court, as part of the judgment, shall separately
state the amount certified pursuant to this section and order
that the amount be paid to the tax collector from the award.  If
the amount so certified is prorated to the date of trial, the
order shall include, in addition to the amount so certified, an
amount equal to the applicable daily prorate multiplied by the
number of days commencing on the date of trial and ending on and
including the day before the date of apportionment determined
pursuant to Section 5082 of the Revenue and Taxation Code.

(f)    Notwithstanding any other provision of this section, if
the board of supervisors provides the procedure set forth in
Section 5087 of the Revenue and Taxation Code, the court shall
make no award of taxes in the judgment.

1263.010.  (a) The owner of property acquired by eminent domain
is entitled to compensation as provided in this chapter.

(b) Nothing in this chapter affects any rights the owner of
property acquired by eminent domain may have under any other
statute.  In any case where two or more statutes provide
compensation for the same loss, the person entitled to
compensation may be paid only once for that loss.

1263.015.  At the request of an owner of property acquired by
eminent domain, the public entity may enter into an agreement
with the owner specifying the manner of payment of compensation
to which the owner is entitled as the result of the acquisition.
The agreement may provide that the compensation shall be paid
by the public entity to the owner over a period not to exceed 10
years from the date the owner's right to compensation accrues.
The agreement may also provide for the payment of interest by
the public entity; however, the rate of interest agreed upon may
not exceed the maximum rate authorized by Section 16731 or 53531
of the Government Code, as applicable, in connection with
the issuance of bonds.

1263.020.  Except as otherwise provided by law, the right to
compensation shall be deemed to have accrued at the date of
filing the complaint.

1263.110.  (a) Unless an earlier date of valuation is
applicable under this article, if the plaintiff deposits the
probable compensation in accordance with Article 1 (commencing
with Section 1255.010) of Chapter 6 or the amount of the award
in accordance with Article 2 (commencing with Section 1268.110)
of Chapter 11, the date of valuation is the date on which the
deposit is made.

(b) Whether or not the plaintiff has taken possession of the
property or obtained an order for possession, if the court
determines pursuant to Section 1255.030 that the probable amount
of compensation exceeds the amount previously deposited
pursuant to Article 1 (commencing with Section 1255.010) of
Chapter 6 and the amount on deposit is not increased accordingly
within the time allowed under Section 1255.030, no deposit
shall be deemed to have been made for the purpose of this
section.

1263.120.  If the issue of compensation is brought to trial
within one year after commencement of the proceeding, the date
of valuation is the date of commencement of the proceeding.

1263.130.  Subject to Section 1263.110, if the issue of
compensation is not brought to trial within one year after
commencement of the proceeding, the date of valuation is the
date of the commencement of the trial unless the delay is caused
by the defendant, in which case the date of valuation is the
date of commencement of the proceeding.

1263.140.  Subject to Section 1263.110, if a new trial is
ordered by the trial or appellate court and the new trial is not
commenced within one year after the commencement of the
proceeding, the date of valuation is the date of the
commencement of such new trial unless, in the interest of
justice, the court ordering the new trial orders a different
date of valuation.

1263.150.  Subject to Section 1263.110, if a mistrial is
declared and the retrial is not commenced within one year after
the commencement of the proceeding, the date of valuation is the
date of the commencement of the retrial of the case unless, in
the interest of justice, the court declaring the mistrial orders
a different date of valuation.

1263.205.  (a) As used in this article, "improvements
pertaining to the realty" include any machinery or equipment
installed for use on property taken by eminent domain, or on the
remainder if such property is part of a larger parcel, that
cannot be removed without a substantial economic loss or without
substantial damage to the property on which it is installed,
regardless of the method of installation.

(b) In determining whether particular property can be removed
"without a substantial economic loss" within the meaning of
this section, the value of the property in place considered as a
part of the realty should be compared with its value if it were
removed and sold.

1263.210.  (a) Except as otherwise provided by statute, all
improvements pertaining to the realty shall be taken into
account in determining compensation.

(b) Subdivision (a) applies notwithstanding the right or
obligation of a tenant, as against the owner of any other
interest in real property, to remove such improvement at the
expiration of his term.

1263.230.  (a) Improvements pertaining to the realty shall not
be taken into account in determining compensation to the extent
that they are removed or destroyed before the earliest of the
following times:

(1)    The time the plaintiff takes title to the property.

(2)    The time the plaintiff takes possession of the property.

(3)    If the defendant moves from the property in compliance with
an order for possession, the date specified in the order;
except that, if the defendant so moves prior to such date and
gives the plaintiff written notice thereof, the date 24 hours
after such notice is received by the plaintiff.

(b) Where improvements pertaining to the realty are removed
or destroyed by the defendant at any time, such improvements
shall not be taken into account in determining compensation.
Where such removal or destruction damages the remaining
property, such damage shall be taken into account in determining
compensation to the extent it reduces the value of the
remaining property.

1263.240.  Improvements pertaining to the realty made
subsequent to the date of service of summons shall not be taken
into account in determining compensation unless one of the
following is established:

(a)    The improvement is one required to be made by a public
utility to its utility system.

(b)    The improvement is one made with the written consent of the
plaintiff.

(c)    The improvement is one authorized to be made by a court
order issued after a noticed hearing and upon a finding by the
court that the hardship to the defendant of not permitting the
improvement outweighs the hardship to the plaintiff of
permitting the improvement.  The court may, at the time it makes
an order under this subdivision authorizing the improvement to
be made, limit the extent to which the improvement shall be
taken into account in determining compensation.

1263.250.  (a) The acquisition of property by eminent domain
shall not prevent the defendant from harvesting and marketing
crops planted before or after the service of summons.  If the
plaintiff takes possession of the property at a time that
prevents the defendant from harvesting and marketing the crops,
the fair market value of the crops in place at the date the
plaintiff is authorized to take possession of the property shall
be included in the compensation awarded for the property taken.

(b) Notwithstanding subdivision (a), the plaintiff may obtain
a court order precluding the defendant from planting crops
after service of summons, in which case the compensation awarded
for the property taken shall include an amount sufficient to
compensate for loss caused by the limitation on the defendant's
right to use the property.

1263.260.  Notwithstanding Section 1263.210, the owner of
improvements pertaining to the realty may elect to remove any or
all such improvements by serving on the plaintiff within 60
days after service of summons written notice of such election.
If the plaintiff fails within 30 days thereafter to serve on the
owner written notice of refusal to allow removal of such
improvements, the owner may remove such improvements and shall
be compensated for their reasonable removal and relocation cost
not to exceed the market value of the improvements.  Where such
removal will cause damage to the structure in which the
improvements are located, the defendant shall cause no more
damage to the structure than is reasonably necessary in removing
the improvements, and the structure shall be valued as if the
removal had caused no damage to the structure.

1263.270.  Where an improvement pertaining to the realty is
located in part upon property taken and in part upon property
not taken, the court may, on motion of any party and a
determination that justice so requires, direct the plaintiff to
acquire the entire improvement, including the part located on
property not taken, together with an easement or other interest
reasonably necessary for the demolition, removal, or relocation
of the improvement.

1263.310.  Compensation shall be awarded for the property
taken.  The measure of this compensation is the fair market
value of the property taken.

1263.320.   (a) The fair market value of the property taken is the
highest price on the date of valuation that would be agreed
to by a seller, being willing to sell but under no particular or
urgent necessity for so doing, nor obliged to sell, and a
buyer, being ready, willing, and able to buy but under no
particular necessity for so doing, each dealing with the other
with full knowledge of all the uses and purposes for which the
property is reasonably adaptable and available.

(b) The fair market value of property taken for which there
is no relevant, comparable market is its value on the date of
valuation as determined by any method of valuation that is just
and equitable.

1263.321.   A just and equitable method of determining the value of
nonprofit, special use property for which there is no
relevant, comparable market is as set forth in Section 824 of
the Evidence Code, but subject to the exceptions set forth in
subdivision c of Section 824 of the Evidence Code.

1263.330.  The fair market value of the property taken shall
not include any increase or decrease in the value of the
property that is attributable to any of the following:

(a)    The project for which the property is taken.

(b)    The eminent domain proceeding in which the property is
taken.

(c)    Any preliminary actions of the plaintiff relating to the
taking of the property.

1263.410.  (a) Where the property acquired is part of a larger
parcel, in addition to the compensation awarded pursuant to
Article 4 (commencing with Section 1263.310) for the part taken,
compensation shall be awarded for the injury, if any, to the
remainder.

(b) Compensation for injury to the remainder is the amount of
the damage to the remainder reduced by the amount of the
benefit to the remainder.  If the amount of the benefit to the
remainder equals or exceeds the amount of the damage to the
remainder, no compensation shall be awarded under this article.
If the amount of the benefit to the remainder exceeds the amount
of damage to the remainder, such excess shall be deducted from
the compensation provided in Section 1263.510, if any, but shall
not be deducted from the compensation required to be awarded
for the property taken or from the other compensation required
by this chapter.

1263.420.  Damage to the remainder is the damage, if any,
caused to the remainder by either or both of the following:

(a)    The severance of the remainder from the part taken.

(b)    The construction and use of the project for which the
property is taken in the manner proposed by the plaintiff
whether or not the damage is caused by a portion of the project
located on the part taken.

1263.430.  Benefit to the remainder is the benefit, if any,
caused by the construction and use of the project for which the
property is taken in the manner proposed by the plaintiff
whether or not the benefit is caused by a portion of the project
located on the part taken.

1263.440.  (a) The amount of any damage to the remainder and
any benefit to the remainder shall reflect any delay in the time
when the damage or benefit caused by the construction and use
of the project in the manner proposed by the plaintiff will
actually be realized.

(b)    The value of the remainder on the date of valuation,
excluding prior changes in value as prescribed in Section 1263.330,
shall serve as the base from which the amount of any
damage and the amount of any benefit to the remainder shall be
determined.

1263.450.  Compensation for injury to the remainder shall be
based on the project as proposed.  Any features of the project
which mitigate the damage or provide benefit to the remainder,
including but not limited to easements, crossings, underpasses,
access roads, fencing, drainage facilities, and cattle guards,
shall be taken into account in determining the compensation for
injury to the remainder.

1263.510.  (a) The owner of a business conducted on the
property taken, or on the remainder if such property is part of
a larger parcel, shall be compensated for loss of goodwill if
the owner proves all of the following:

(1)    The loss is caused by the taking of the property or the
injury to the remainder.

(2)    The loss cannot reasonably be prevented by a relocation of
the business or by taking steps and adopting procedures that
a reasonably prudent person would take and adopt in preserving
the goodwill.

(3)    Compensation for the loss will not be included in payments
under Section 7262 of the Government Code.

(4)    Compensation for the loss will not be duplicated in the
compensation otherwise awarded to the owner.

(b)    Within the meaning of this article, "goodwill" consists
of the benefits that accrue to a business as a result of its
location, reputation for dependability, skill or quality, and
any other circumstances resulting in probable retention of old
or acquisition of new patronage.

1263.520.  The owner of a business who claims compensation
under this article shall make available to the court, and the
court shall, upon such terms and conditions as will preserve
their confidentiality, make available to the plaintiff, the
state tax returns of the business for audit for confidential use
solely for the purpose of determining the amount of
compensation under this article.  Nothing in this section
affects any right a party may otherwise have to discovery or to
require the production of documents, papers, books, and
accounts.

1263.530.  Nothing in this article is intended to deal with
compensation for inverse condemnation claims for temporary
interference with or interruption of business.

1263.610.  A public entity and the owner of property to be
acquired for public use may make an agreement that the public
entity will:

(a)    Relocate for the owner any structure if such relocation is
likely to reduce the amount of compensation otherwise payable
to the owner by an amount equal to or greater than the cost of
such relocation.

(b)    Carry out for the owner any work on property not taken,
including work on any structure, if the performance of the work
is likely to reduce the amount of compensation otherwise payable
to the owner by an amount equal to or greater than the cost of
the work.

1263.620.  (a) Where summons is served during construction of
an improvement or installation of machinery or equipment on the
property taken or on the remainder if such property is part of a
larger parcel, and the owner of the property ceases the
construction or installation due to such service, the owner
shall be compensated for his expenses reasonably incurred for
work necessary for either of the following purposes:

(1)    To protect against the risk of injury to persons or to other
property created by the uncompleted improvement.

(2)    To protect the partially installed machinery or equipment
from damage, deterioration, or vandalism.

(b)    The compensation provided in this section is recoverable
only if the work was preceded by notice to the plaintiff
except in the case of an emergency.  The plaintiff may agree with the
owner (1) that the plaintiff will perform work necessary for the
purposes of this section or (2) as to the amount of
compensation payable under this section.

1263.710.  (a) As used in this article, "hazardous substance,"
"remedial action," "and removal" shall have the meanings
accorded to those terms in Sections 25316, 25322, and 25323,
respectively, of the Health and Safety Code.

(b)    As used in this article, "required action" means any removal
or other remedial action with regard to hazardous
substances that is necessary to comply with any requirement of
federal, state, or local law.

1263.720.  (a) Upon petition of any party to the proceeding,
the court in which the proceeding is brought shall specially set
for hearing the issue of whether any hazardous substance is
present within the property to be taken.

(b)    If the court determines that any hazardous substance is
present within the property to be taken, the court shall do all
of the following:

(1)    Identify those measures constituting the required action
with regard to the hazardous substance, the probable cost of
the
required action, and the party that shall be designated by the
court to cause the required action to be performed.

(2)    Designate a trustee to monitor the completion of the
required action and to hold funds, deducted from amounts that
are otherwise to be paid to the defendant pursuant to this
title, to defray the probable cost of the required action.

(3)    Transfer to the trustee funds necessary to defray the
probable cost of the required action from amounts deposited
with the court pursuant to Article 1 (commencing  with
Section 1255.010) of Chapter 6 or pursuant to Section 1268.110.
In the case of any payment to be made directly to the defendant
pursuant to Section 1268.010, the plaintiff shall first pay to
the trustee the amount necessary to defray the probable cost of
the required action, as identified by the court, and shall pay
the remainder of the judgment to the defendant.  The total
amount transferred or paid to the trustee pursuant to this
paragraph shall not exceed an amount equal to 75 percent of the
following, as applicable:

(A)    Prior to entry of judgment, the amount deposited as the
probable amount of compensation pursuant to
Article 1 (commencing with Section 1255.010) of Chapter 6.

(B)    Subsequent to entry of judgment, the fair market value
of the property taken, as determined pursuant to
Article 4 (commencing with Section 1263.310).  If the amount
determined as fair market value pursuant to that article exceeds
the amount deposited pursuant to Article 1 (commencing with
Section 1255.010) of Chapter 6, that excess shall be available, subject
to the 75 percent limit set forth in this paragraph, for
transfer to the trustee for the purposes of this paragraph or
for reimbursement of the plaintiff for payments made to the
trustee pursuant to this paragraph.  If the amount determined as
fair market value pursuant to Article 4 (commencing with
Section 1263.310) is less than the amount deposited pursuant to
Article 1 (commencing with Section 1255.010) of Chapter 6, the
plaintiff shall be entitled to a return of amounts thereby
deposited, a judgment against the defendant, or both, as
necessary to ensure that the total amount transferred or paid to
the trustee pursuant to this paragraph not exceed an amount
equal to 75 percent of the fair market value of the property
taken, as determined pursuant to Article 4 (commencing with
Section 1263.310).

(4)    Establish a procedure by which the trustee shall make one or
more payments from the funds it receives pursuant to
paragraph (3) to the party causing the required action to be
performed, upon completion of all or specified portions of the
required action.  Any amount of those funds that remains
following the completion of all of the required action shall be
applied in accordance with the provisions of this title that
govern the disposition of the deposit amounts referred to in
paragraph (3).

(c)    The actual and reasonable costs of the trustee incurred
pursuant to this section shall be paid by the plaintiff.

1263.730.  Where the required action is caused to be performed
by the plaintiff, and the amount available to the trustee under
this article is insufficient to meet the actual cost incurred by
the plaintiff to complete the required action, the plaintiff
may either apply to the court for a new hearing regarding
identification of the probable cost, or complete the required
action at its own expense and bring an action against the
defendant to recover the additional costs.

1263.740.  The presence of any hazardous substance within a
property shall not be considered in appraising the property, for
purposes of Section 1263.720, pursuant to Article 1 (commencing
with Section 1255.010) of Chapter 6, or pursuant
to Article 4 (commencing with Section 1263.  310).

1263.750.  (a) Notwithstanding any action taken pursuant to
this article, the plaintiff shall have available all remedies in
law that are available to a purchaser of real property with
respect to any cost, loss, or liability for which the plaintiff
is not reimbursed under this article.

(b) If the plaintiff abandons the proceeding at any time, the
plaintiff shall be entitled to compensation for the benefit, if
any, conferred on the property by reason of the remedial action
performed pursuant to this article. That benefit shall be
applied as an offset to the amount of any entitlement to damages
on the part of the defendant pursuant to Section 1268.620 or,
if it exceeds the amount of those damages, shall constitute a
lien upon the property, to the extent of that excess, when
recorded with the county recorder in the county in which the
real property is located.  The lien shall contain the legal
description of the real property, the assessor's parcel number,
and the name of the owner of record as shown on the latest
equalized assessment roll.  The lien shall be enforceable upon
the transfer or sale of the property, and the priority of the
lien shall be as of the date of recording.  In determining the
amount of the benefit, if any, neither party shall have the
burden of proof.

For the purposes of this subdivision, "benefit" means the
extent to which the remedial action has enhanced the fair market
value of the property.

1263.760.  An offer by the plaintiff to purchase the property
subject to this article shall be deemed to satisfy the
requirements of Section 7267.2 of the Government Code.

1263.770.  This article shall only apply to the acquisition of
property by school districts.

1265.010.  Although this chapter provides rules governing
compensation for particular interests in property, it does not
otherwise limit or affect the right to compensation for any
other interest in property.

1265.110.  Where all the property subject to a lease is
acquired for public use, the lease terminates.

1265.120.  Except as provided in Section 1265.130, where part
of the property subject to a lease is acquired for public use,
the lease terminates as to the part taken and remains in force
as to the remainder, and the rent reserved in the lease that is
allocable to the part taken is extinguished.

1265.130.  Where part of the property subject to a lease is
acquired for public use, the court may, upon petition of any
party to the lease, terminate the lease if the court determines
that an essential part of the property subject to the lease is
taken or that the remainder of the property subject to the lease
is no longer suitable for the purposes of the lease.

1265.140.  The termination or partial termination of a lease
pursuant to this article shall be at the earlier of the
following times:

(a)    The time title to the property is taken by the person who
will put it to the public use.

(b)    The time the plaintiff is authorized to take possession of
the property as stated in an order for possession.

1265.150.  Nothing in this article affects or impairs any right
a lessee may have to compensation for the taking of his lease
in whole or in part or for the taking of any other property in
which he has an interest.

1265.160.  Nothing in this article affects or impairs the
rights and obligations of the parties to a lease to the extent
that the lease provides for such rights and obligations in the
event of the acquisition of all or a portion of the property for
public use.

1265.210.  As used in this article, "lien" means a mortgage,
deed of trust, or other security interest in property whether
arising from contract, statute, common law, or equity.

1265.220.  Where property acquired by eminent domain is
encumbered by a lien and the indebtedness secured thereby is not
due at the time of the entry of judgment, the amount of such
indebtedness may be, at the option of the plaintiff, deducted
from the judgment and the lien shall be continued until such
indebtedness is paid; but the amount for which, as between the
plaintiff and the defendant, the plaintiff is liable under
Article 5 (commencing with Section 1268.410) of Chapter 11 may
not be deducted from the judgment.

1265.225.  (a) Where there is a partial taking of property
encumbered by a lien, the lienholder may share in the award only
to the extent determined by the court to be necessary to
prevent an impairment of the security, and the lien shall
continue upon the part of the property not taken as security for
the unpaid portion of the indebtedness.

(b)    Notwithstanding subdivision (a), the lienholder and the
property owner may at any time after commencement of the
proceeding agree that some or all of the award shall be
apportioned to the lienholder on the indebtedness.

1265.230.  (a) This section applies only where there is a
partial taking of property encumbered by a lien and the part
taken or some portion of it is also encumbered by a junior lien
that extends to only a portion of the property encumbered by the
senior lien.  This section provides only for allocation of the
portion of the award, if any, that will be available for payment
to the junior and senior lienholders and does not provide for
determination of the amount of such portion.

(b)    As used in this section, "impairment of security" means the
security of the lienholder remaining after the taking, if
any, is of less value in proportion to the remaining
indebtedness than the value of the security before the taking
was in proportion to the indebtedness secured thereby.

(c)    The portion of the award that will be available for payment
to the senior and junior lienholders shall be allocated
first to the senior lien up to the full amount of the
indebtedness secured thereby and the remainder, if any, to the
junior lien.

(d)    If the allocation under subdivision c would result in an
impairment of the junior lienholder's security, the
allocation to the junior lien shall be adjusted so as to
preserve the junior lienholder's security to the extent that the
remaining amount allocated to the senior lien, if paid to the
senior lienholder, would not result in an impairment of the
senior lienholder's security.

(e)    The amounts allocated to the senior and junior liens by this
section are the amounts of indebtedness owing to such
senior and junior lienholders that are secured by their
respective liens on the property taken, and any other
indebtedness owing to the senior or junior lienholders shall not
be considered as secured by the property taken.  If the
plaintiff makes the election provided in Section 1265.220, the
indebtedness that is deducted from the judgment is the
indebtedness so determined, and the lien shall continue until
that amount of indebtedness is paid.

1265.240.  Where the property acquired for public use is
encumbered by a lien, the amount payable to the lienholder shall
not include any penalty for prepayment.

1265.250.  (a) As used in this section:

(1)    "Fixed lien special assessment" means a nonrecurring
assessment levied on property in a fixed amount by a local
public entity for the capital expenditure for a specific
improvement, whether collectible in a lump sum or in
installments.

(2)    "Special annual assessment" means a recurring assessment
levied on property annually in an indeterminate amount by a
local public entity, whether for the capital expenditure for a
specific improvement or for other purposes.

(b) If property acquired by eminent domain is encumbered by
the lien of a fixed lien special assessment or of a bond
representing the fixed lien special assessment:

(1)    The amount of the lien shall be paid to the lienholder from
the award or withheld from the award for payment pursuant
to Section 1265.220.

(2)    Where there is a partial taking of the property, the amount
of the lien prescribed in Section 1265.225 shall be paid
to the lienholder from the award, or at the option of the
lienholder the applicable statutory procedure, if any, for
segregation and apportionment of the lien may be invoked and the
amount apportioned to the part taken shall be paid to the
lienholder from the award.

(c)    If property acquired by eminent domain is encumbered by
the lien of a special annual assessment:

(1)    The amount of the lien prorated to, but not including,
the date of apportionment determined pursuant to Section 5082 of
the Revenue and Taxation Code, shall be paid to the lienholder
from the award.  As between the plaintiff and defendant, the
plaintiff is liable for the amount of the lien prorated from and
including the date of apportionment determined pursuant to
Section 5082 of the Revenue and Taxation Code.

(2)    Where there is a partial taking of the property, the
amount of the lien, reduced by the amount for which the
plaintiff is liable pursuant to this paragraph, shall be paid to
the lienholder from the award.  As between the plaintiff and
defendant, the plaintiff is liable for the amount of the lien
allocable to the part taken for the current assessment year,
determined to the extent practicable in the same manner and by
the same method as the amount of the assessment on the property
for the current assessment year was determined, prorated from
and including the date of apportionment determined pursuant to
Section 5082 of the Revenue and Taxation Code.

1265.410.  (a) Where the acquisition of property for public use
violates a use restriction coupled with a contingent future
interest granting a right to possession of the property upon
violation of the use restriction:

(1)    If violation of the use restriction was otherwise reasonably
imminent, the owner of the contingent future interest
is entitled to compensation for its value, if any.

(2)    If violation of the use restriction was not otherwise
reasonably imminent but the benefit of the use restriction was
appurtenant to other property, the owner of the contingent
future interest is entitled to compensation to the extent that
the failure to comply with the use restriction damages the
dominant premises to which the restriction was appurtenant and
of which he was the owner.

(b) Where the acquisition of property for public use violates
a use restriction coupled with a contingent future interest
granting a right to possession of the property upon violation of
the use restriction but the contingent future interest is not
compensable under subdivision (a), if the use restriction is
that the property be devoted to a particular charitable or
public use, the compensation for the property shall be devoted
to the same or similar use coupled with the same contingent
future interest.

1265.420.  Where property acquired for public use is subject to
a life tenancy, upon petition of the life tenant or any other
person having an interest in the property, the court may order
any of the following:

(a)    An apportionment and distribution of the award based on the
value of the interest of life tenant and remainderman.

(b)    The compensation to be used to purchase comparable property
to be held subject to the life tenancy.

(c)    The compensation to be held in trust and invested and the
income (and, to the extent the instrument that created the life
tenancy permits, principal) to be distributed to the life
tenant for the remainder of the tenancy.

(d)    Such other arrangement as will be equitable under the
circumstances.

1268.010.  (a) Not later than 30 days after final judgment, or 30
days after the conclusion of any other court proceedings,
including any federal court proceedings, commenced by the
defendant challenging the judgment or any of the condemnation
proceedings, whichever date is later, the plaintiff shall pay
the full amount required by the judgment.

(b) Payment shall be made by either or both of the following
methods:

(1)    Payment of money directly to the defendant.  Any amount
which the defendant has previously withdrawn pursuant to 
Article 2 (commencing with Section 1255.210) of Chapter 6 shall be
credited as a payment to him on the judgment.

(2)    Deposit of money with the court pursuant to Section 1268.110.
Upon entry of judgment, a deposit made pursuant to
Article 1 (commencing with Section 1255.010) of Chapter 6 is
deemed to be a deposit made pursuant to Section 1268.110 if the
full amount required by the judgment is deposited or paid.

1268.020.  (a) If the plaintiff fails to pay the full amount
required by the judgment within the time specified in Section 1268.010,
the defendant may:

(1)    If the plaintiff is a public entity, enforce the judgment as
provided in Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code.

(2)    If the plaintiff is not a public entity, enforce the
judgment as in a civil case.

(b)    Upon noticed motion of the defendant, the court shall
enter judgment dismissing the eminent domain proceeding if all
of the following are established:

(1)    The plaintiff failed to pay the full amount required by
the judgment within the time specified in Section 1268.010.

(2)    The defendant has filed in court and served upon the
plaintiff, by registered or certified mail, a written notice
of the plaintiff's failure to pay the full amount required by the
judgment within the time specified in Section 1268.010.

(3)    The plaintiff has failed for 20 days after service of
the notice under paragraph (2) to pay the full amount
required by the judgment in the manner provided in subdivision
(b) of Section 1268.010.

(c)    The defendant may elect to exercise the remedy provided
by subdivision (b) without attempting to use the remedy
provided by subdivision (a).

(d)    As used in this section, "public entity" does not include
the Regents of the University of California.

1268.030.  (a) Upon application of any party, the court shall
make a final order of condemnation if the full amount of the
judgment has been paid as required by Section 1268.010 or
satisfied pursuant to Section 1268.020.

(b)    The final order of condemnation shall describe the property
taken and identify the judgment authorizing the taking.

(c)    The party upon whose application the order was made shall
serve notice of the making of the order on all other parties
affected thereby.  Any party affected by the order may
thereafter record a certified copy of the order in the office of
the recorder of the county in which the property is located and
shall serve notice of recordation upon all other parties
affected thereby. Title to the property vests in the plaintiff
upon the date of recordation.

1268.110.  (a) Except as provided in subdivision (b), the
plaintiff may, at any time after entry of judgment, deposit with
the court for the persons entitled thereto the full amount of
the award, together with interest then due thereon, less any
amounts previously paid directly to the defendants or deposited
pursuant to Article 1 (commencing with Section 1255.010) of
Chapter 6.

(b) A deposit may be made under this section notwithstanding
an appeal, a motion for a new trial, or a motion to vacate or
set aside the judgment but may not be made after the judgment
has been reversed, vacated, or set aside.

(c)    Any amount deposited pursuant to this article on a judgment
that is later reversed, vacated, or set aside shall be deemed to
be an amount deposited pursuant to Article 1 (commencing
with Section 1255.010) of Chapter 6.

1268.120.  If the deposit is made under Section 1268.110 prior
to apportionment of the award, the plaintiff shall serve a
notice that the deposit has been made on all of the parties who
have appeared in the proceeding.  If the deposit is made after
apportionment of the award, the plaintiff shall serve a notice
that the deposit has been made on all of the parties to the
proceeding determined by the order apportioning the award to
have an interest in the money deposited.  The notice of deposit
shall state that a deposit has been made and the date and the
amount of the deposit.  Service of the notice shall be made in
the manner provided in Section 1268.220 for the service of an
order for possession.  Service of an order for possession under
Section 1268.220 is sufficient compliance with this section.

1268.130.  At any time after the plaintiff has made a deposit
upon the award pursuant to Section 1268.110, the court may, upon
motion of any defendant, order the plaintiff to deposit such
additional amount as the court determines to be necessary to
secure payment of any further compensation, costs, or interest
that may be recovered in the proceeding.  After the making of
such an order, the court may, on motion of any party, order an
increase or a decrease in such additional amount.  A defendant
may withdraw the amount deposited under this section or a
portion thereof only if it is determined that he is entitled to
recover such amount in the proceeding.

1268.140.  (a) After entry of judgment, any defendant who has
an interest in the property for which a deposit has been made
may apply for and obtain a court order that he be paid from the
deposit the amount to which he is entitled upon his filing
either of the following:

(1)    A satisfaction of the judgment.

(2)    A receipt for the money which shall constitute a waiver by
operation of law of all claims and defenses except a claim
for greater compensation.

(b) If the award has not been apportioned at the time the
application is made, the applicant shall give notice of the
application to all the other defendants who have appeared in the
proceeding and who have an interest in the property.  If the
award has been apportioned at the time the application is made,
the applicant shall give such notice to the other defendants as
the court may require.

(c)    Upon objection to the withdrawal made by any party to the
proceeding, the court, in its discretion, may require the
applicant to file an undertaking in the same manner and upon the
conditions prescribed in Section 1255.240 for withdrawal of a
deposit prior to entry of judgment.

(d)    If the judgment is reversed, vacated, or set aside, a
defendant may withdraw a deposit only pursuant to
Article 2 (commencing with Section 1255.210) of Chapter 6.

1268.150.  (a) Except as provided in subdivision (b), when
money is deposited as provided in this article, the court shall
order the money to be deposited in the State Treasury or, upon
written request of the plaintiff filed with the deposit, in the
county treasury.  If the money is deposited in the State
Treasury pursuant to this subdivision, it shall be held,
invested, deposited, and disbursed in the manner specified in
Article 10 (commencing with Section 16429) of Chapter 2 of Part 2
of Division 4 of Title 2 of the Government Code, and interest
earned or other increment derived from its investment shall be
apportioned and disbursed in the manner specified in that
article.  As between the parties to the proceeding, money
deposited pursuant to this subdivision shall remain at the risk
of the plaintiff until paid or made payable to the defendant by
order of the court.

(b) If after entry of judgment but prior to apportionment of
the award the defendants are unable to agree as to the
withdrawal of all or a portion of any amount deposited, the
court shall upon motion of any defendant order that the amount
deposited be invested in United States government obligations or
interest-bearing accounts in an institution whose accounts are
insured by an agency of the federal government for the benefit
of the defendants who shall be entitled to the interest earned
on the investments in proportion to the amount of the award they
receive when the award is apportioned.

1268.160.  (a) Any amount withdrawn by a party pursuant to this
article in excess of the amount to which he is entitled as
finally determined in the eminent domain proceeding shall be
paid to the parties entitled thereto.  The court shall enter
judgment accordingly.

(b)    The judgment so entered shall not include interest except
that any amount that is to be paid to a defendant shall include
legal interest from the date of its withdrawal by another
defendant.

(c)    If the judgment so entered is not paid within 30 days after
its entry, the court may, on motion, enter judgment
against the sureties, if any, for the amount of such judgment.

(d)    The court may, in its discretion and with such security as
it deems appropriate, grant a party obligated to pay under
this section a stay of execution for any amount to be paid to a
plaintiff.  Such stay of execution shall not exceed one year
following entry of judgment under this section.

1268.170.  By making a deposit pursuant to this article, the
plaintiff does not waive the right to appeal from the judgment,
the right to move to abandon, or the right to request a new
trial.

1268.210.  (a) If the plaintiff is not in possession of the
property to be taken, the plaintiff may, at any time after entry
of judgment, apply ex parte to the court for an order for
possession, and the court shall authorize the plaintiff to take
possession of the property pending conclusion of the litigation
if:

(1)    The judgment determines that the plaintiff is entitled to
take the property; and

(2)    The plaintiff has paid to or deposited for the defendants,
pursuant to Article 1 (commencing with Section 1255.010)
of Chapter 6 or Article 2 (commencing with Section 1268.110),
an amount not less than the amount of the award,
together with the interest then due thereon.

(b)    The court's order shall state the date after which the
plaintiff is authorized to take possession of the property.
Where deposit is made, the order shall state such fact and the
date and the amount of the deposit.

(c)    Where the judgment is reversed, vacated, or set aside, the
plaintiff may obtain possession of the property only
pursuant to Article 3 (commencing with Section 1255.410) of
Chapter 6.

1268.220.  (a) The plaintiff shall serve a copy of the order
for possession upon each defendant and his attorney, either
personally or by mail:

(1)    At least 30 days prior to the date possession is to be taken
of property lawfully occupied by a person dwelling thereon
or by a farm or business operation.

(2)    At least 10 days prior to the date possession is to be taken
in any case not covered by paragraph (1).

(b) A single service upon or mailing to one of several
persons having a common business or residence address is
sufficient.

1268.230.  By taking possession pursuant to this article, the
plaintiff does not waive the right to appeal from the judgment,
the right to move to abandon, or the right to request a new
trial.

1268.240.  Nothing in this article limits the right of a public
entity to exercise its police power in emergency situations.

1268.310.   The compensation awarded in the proceeding shall draw
interest, computed as prescribed by Section 1268.350, from
the earliest of the following dates:

(a)    The date of entry of judgment.

(b)    The date the plaintiff takes possession of the property.

(c)    The date after which the plaintiff is authorized to take
possession of the property as stated in an order for possession.

1268.311.   In any inverse condemnation proceeding in which interest
is awarded, the interest shall be computed as
prescribed by Section 1268.350.

1268.320.  The compensation awarded in the proceeding shall
cease to draw interest at the earliest of the following dates:

(a)  As to any amount deposited pursuant to Article 1 (commencing
with Section 1255.010) of Chapter 6 (deposit of
probable compensation prior to judgment), the date such amount
is withdrawn by the person entitled thereto.

(b)  As to the amount deposited in accordance with
Article 2 (commencing with Section 1268.110) (deposit of amount
of award), the date of such deposit.

(c)  As to any amount paid to the person entitled thereto, the
date of such payment.

1268.330.  If, after the date that interest begins to accrue,
the defendant:

(a)    Continues in actual possession of the property, the value of
that possession shall be offset against the interest.  For
the purpose of this section, the value of possession of the
property shall be presumed to be the rate of interest calculated
as prescribed by Section 1268.350 on the compensation awarded.
This presumption is one affecting the burden of proof.

(b)    Receives rents or other income from the property
attributable to the period after interest begins to accrue, the
net amount of these rents and other income shall be offset
against the interest.

1268.340.  Interest, including interest accrued due to
possession of property by the plaintiff prior to judgment, and
any offset against interest as provided in Section 1268.330,
shall be assessed by the court rather than by jury.

1268.350.  (a) As used in this section:

(1)    "Apportionment rate" means the apportionment rate calculated
by the Controller as the rate of earnings by the
Surplus Money Investment Fund for each six-month period.

(2)    "Six-month period" means the period from January 1 to
June 30 and the period from July 1 to December 31.

(b)    The rate of interest payable under this article for each six-
month period, or fraction thereof, for which interest is
due, shall be the apportionment rate for the immediately
preceding six-month period.

(c)    Each district office of the Department of Transportation
shall quote the apportionment rate to any person upon request.

1268.360.  The interest payable for each six-month period shall
draw interest, computed as prescribed by Section 1268.350, in
each succeeding six-month period for which interest is due.

1268.410.  As between the plaintiff and defendant, the
plaintiff is liable for any ad valorem taxes, penalties, and
costs upon property acquired by eminent domain prorated from and
including the date of apportionment determined pursuant to
Section 5082 of the Revenue and Taxation Code.

1268.420.  (a) Except as provided in subdivision (b):

(1)    If the acquisition of property by eminent domain will
make the property exempt property as defined in Section 5081
of the Revenue and Taxation Code, any ad valorem taxes, penalties,
or costs on the property for which the plaintiff is liable
pursuant to Section 1268.410 are not collectible.

(2)    If the acquisition of property by eminent domain will not
make the property exempt property as defined in Section 5081
of the Revenue and Taxation Code, the plaintiff shall be deemed to
be the assessee for the purposes of collection of any ad
valorem taxes, penalties, and costs on the property for which
the plaintiff is liable pursuant to Section 1268.410.

(b) To the extent there is a dismissal or partial dismissal
of the eminent domain proceeding, the amount of any unpaid ad
valorem taxes, penalties, and costs on the property for which
the plaintiff would be liable pursuant to Section 1268.  410
until the entry of judgment of dismissal shall be awarded to the
defendant.  The amount awarded shall be paid to the tax
collector from the award or, if unpaid for any reason, are
collectible from the defendant.

1268.430.  (a) If the defendant has paid any amount for which,
as between the plaintiff and defendant, the plaintiff is liable
under this article, the plaintiff shall pay to the defendant a
sum equal to such amount.

(b) The amount the defendant is entitled to be paid under
this section shall be claimed in the manner provided for
claiming costs and at the following times:

(1)    If the plaintiff took possession of the property prior to
judgment, at the time provided for claiming costs.

(2)    If the plaintiff did not take possession of the property
prior to judgment, not later than 30 days after the plaintiff
took title to the property.

1268.440.  (a) If taxes have been paid on property that is
exempt property as defined in Section 5081 of the Revenue and
Taxation Code, the amount of the taxes that, if unpaid, would
have been subject to cancellation under Article 5 (commencing
with Section 5081) of Chapter 4 of Part 9 of Division 1 of the
Revenue and Taxation Code shall be deemed to be erroneously
collected and shall be refunded in the manner provided in
Article 1 (commencing with Section 5096) of Chapter 5 of Part 9
of Division 1 of the Revenue and Taxation Code to the person who
paid the taxes.

(b) The public entity shall be deemed to be the person who
paid the taxes if the public entity reimbursed the defendant for
the taxes under a cost bill filed in the eminent domain
proceeding pursuant to Section 1268.430.  A claim for refund of
taxes filed by a public entity pursuant to this section shall
contain a copy of the cost bill under which taxes were
reimbursed or a declaration under penalty of perjury by the
public entity that the taxes were reimbursed under a cost bill.

(c)    Taxes paid on either the secured or unsecured roll may be
refunded pursuant to this section.

1268.450.  If property acquired by eminent domain does not have
a separate valuation on the assessment roll, any party to the
eminent domain proceeding may, at any time after the taxes on
the property are subject to cancellation under Article 5 (commencing
with Section 5081) of Chapter 4 of Part 9 of
Division 1 of the Revenue and Taxation Code, apply to the tax
collector for a separate valuation of the property in accordance
with Article 3 (commencing with Section 2821) of Chapter 3 of
Part 5 of Division 1 of the Revenue and Taxation Code
notwithstanding any provision in that article to the contrary.

1268.510.  (a) At any time after the filing of the complaint
and before the expiration of 30 days after final judgment, the
plaintiff may wholly or partially abandon the proceeding by
serving on the defendant and filing in court a written notice of
such abandonment.

(b) The court may, upon motion made within 30 days after the
filing of such notice, set the abandonment aside if it
determines that the position of the moving party has been
substantially changed to his detriment in justifiable reliance
upon the proceeding and such party cannot be restored to
substantially the same position as if the proceeding had not
been commenced.

(c)    Upon denial of a motion to set aside such abandonment or, if
no such motion is filed, upon the expiration of the time for
filing such a motion, the court shall, on motion of any party,
enter judgment wholly or partially dismissing the proceeding.

1268.610.  (a) Subject to subdivision (b), the court shall
award the defendant his litigation expenses whenever:

(1)    The proceeding is wholly or partly dismissed for any reason;
or

(2)    Final judgment in the proceeding is that the plaintiff
cannot acquire property it sought to acquire in the proceeding.

(b) Where there is a partial dismissal or a final judgment
that the plaintiff cannot acquire a portion of the property
originally sought to be acquired, or a dismissal of one or more
plaintiffs pursuant to Section 1260.020, the court shall award
the defendant only those litigation expenses, or portion
thereof, that would not have been incurred had the property
sought to be acquired following the dismissal or judgment been
the property originally sought to be acquired.

(c)    Litigation expenses under this section shall be claimed in
and by a cost bill to be prepared, served, filed, and taxed
as in a civil action.  If the proceeding is dismissed upon
motion of the plaintiff, the cost bill shall be filed within 30
days after notice of entry of judgment.

1268.620.  If, after the defendant moves from property in
compliance with an order or agreement for possession or in
reasonable contemplation of its taking by the plaintiff, the
proceeding is dismissed with regard to that property for any
reason or there is a final judgment that the plaintiff cannot
acquire that property, the court shall:

(a)    Order the plaintiff to deliver possession of the property to
the persons entitled to it; and

(b)    Make such provision as shall be just for the payment of all
damages proximately caused by the proceeding and its
dismissal as to that property.

1268.710.  The defendants shall be allowed their costs,
including the costs of determining the apportionment of the
award made pursuant to subdivision (b) of Section 1260.220,
except that the costs of determining any issue as to title
between two or more defendants shall be borne by the defendants
in such proportion as the court may direct.

1268.720.  Unless the court otherwise orders, whether or not he
is the prevailing party, the defendant in the proceeding shall
be allowed his costs on appeal.  This section does not apply to
an appeal involving issues between defendants.

1273.010.  (a) Any person authorized to acquire property for
public use may enter into an agreement to arbitrate any
controversy as to the compensation to be made in connection with
the acquisition of the property.

(b)    Where property is already appropriated to a public use, the
person authorized to compromise or settle the claim arising
from a taking or damaging of such property for another public
use may enter into an agreement to arbitrate any controversy as
to the compensation to be made in connection with such taking or
damaging.

(c)    For the purposes of this section, in the case of a public
entity, "person" refers to the particular department, officer,
commission, board, or governing body authorized to acquire
property on behalf of the public entity or to compromise or
settle a claim arising from the taking or damaging of the entity'
s property.

1273.020.  (a) Notwithstanding Sections 1283.2 and 1284.2, the
party acquiring the property shall pay all of the expenses and
fees of the neutral arbitrator and the statutory fees and
mileage of all witnesses subpoenaed in the arbitration, together
with other expenses of the arbitration incurred or approved by
the neutral arbitrator, not including attorney's fees or expert
witness fees or other expenses incurred by other parties for
their own benefit.

(b) An agreement authorized by this chapter may require that
the party acquiring the property pay reasonable attorney's fees
or expert witness fees, or both, to any other party to the
arbitration.  If the agreement requires the payment of such
fees, the amount of the fees is a matter to be determined in the
arbitration proceeding unless the agreement prescribes
otherwise.

(c)    The party acquiring the property may pay the expenses and
fees referred to in subdivisions (a) and (b) from funds
available for the acquisition of the property or other funds
available for the purpose.

1273.030.  (a) Except as specifically provided in this chapter,
agreements authorized by this chapter are subject to
Title 9 (commencing with Section 1280) of this part.

(b) An agreement authorized by this chapter may be made
whether or not an eminent domain proceeding has been commenced
to acquire the property.  If a proceeding has been commenced or
is commenced, any petition or response relating to the
arbitration shall be filed and determined in the proceeding.

(c)    Notwithstanding Section 1281.4, an agreement authorized by
this chapter does not waive or restrict the power of any
person to commence and prosecute an eminent domain proceeding,
including the taking of possession prior to judgment, except
that, upon motion of a party to the proceeding, the court shall
stay the determination of compensation until any petition for an
order to arbitrate is determined and, if arbitration is
ordered, until arbitration is had in accordance with the order.

(d)    The effect and enforceability of an agreement authorized by
this chapter is not defeated or impaired by contention or
proof by any party to the agreement that the party acquiring the
property pursuant to the agreement lacks the power or capacity
to take the property by eminent domain.

(e)    Notwithstanding the rules as to venue provided by
Sections 1292 and 1292.2, any petition relating to arbitration
authorized by this chapter shall be filed in the superior court
in the county in which the property, or any portion of the
property, is located.

1273.040.  (a) Except as provided in subdivision (b), an
agreement authorized by this chapter may specify the terms and
conditions under which the party acquiring the property may
abandon the acquisition, the arbitration proceeding, and any
eminent domain proceeding that may have been, or may be, filed.
Unless the agreement provides that the acquisition may not be
abandoned, the party acquiring the property may abandon the
acquisition, the arbitration proceeding, and any eminent domain
proceeding at any time not later than the time for filing and
serving a petition or response to vacate an arbitration award
under Sections 1288, 1288.2, and 1290.6.

(b) If the proceeding to acquire the property is abandoned
after the arbitration agreement is executed, the party from whom
the property was to be acquired is entitled to recover (1) all
expenses reasonably and necessarily incurred (i) in preparing
for the arbitration proceeding and for any judicial proceedings
in connection with the acquisition of the property, (ii)  during
the arbitration proceeding and during any judicial proceedings
in connection with the acquisition, and (iii) in any subsequent
judicial proceedings in connection with the acquisition and (2)
reasonable attorney's fees, appraisal fees, and fees for the
services of other experts where such fees were reasonably and
necessarily incurred to protect his interests in connection with
the acquisition of the property.  Unless the agreement
otherwise provides, the amount of such expenses and fees shall
be determined by arbitration in accordance with the agreement.

1273.050.  (a) An agreement authorized by this chapter may be
acknowledged and recorded, and rerecorded, in the same manner
and with the same effect as a conveyance of real property except
that two years after the date the agreement is recorded, or
rerecorded, the record ceases to be notice to any person for any
purpose.

(b) In lieu of recording the agreement, there may be recorded
a memorandum thereof, executed by the parties to the agreement,
containing at least the following information:  the names of
the parties to the agreement, a description of the property, and
a statement that an arbitration agreement affecting such
property has been entered into pursuant to this chapter.  Such
memorandum when acknowledged and recorded, or rerecorded, in the
same manner as a conveyance of real property has the same
effect as if the agreement itself were recorded or rerecorded.

1275.  Applications for change of names must be determined by the
Superior Courts.

1276.  All applications for change of names shall be made to the
superior court of the county where the person whose name is
proposed to be changed resides either (a) by petition signed by
the person or, if the person is under 18 years of age, by one of
the person's parents, if living, or if both parents are dead,
then by the guardian of the person and, if there is no guardian,
then by some near relative or friend of the person or (b) as
provided in Section 7638 of the Family Code.

The petition or pleading shall specify the place of birth and
residence of the person, his or her present name, the name
proposed, and the reason for the change of name, and shall, if
neither parent of the person is living, name, as far as known to
the person proposing the name change, the near relatives of the
person, and their place of residence.

In an action for a change of name commenced by the filing of
a petition:

(a)    If the person whose name is proposed to be changed is
under 18 years of age and the petition is signed by only one
parent, the petition shall specify the  address, if known, of
the other parent if living.

(b)    If the person whose name is proposed to be changed is 12
years of age or over, has been relinquished to an adoption
agency by his or her parent or parents, and has not been legally
adopted, the petition shall be signed by the person and the
adoption agency to which the person was relinquished.  The near
relatives of the person and their place of residence shall not
be included in the petition unless they are known to the person
whose name is proposed to be changed.

1277.  (a) Where an action for a change of name is commenced by the
filing of a petition, the court shall thereupon make an
order reciting the filing of the petition, the name of the
person by whom it is filed and the name proposed, and directing
all persons interested in the matter to appear before the court
at a time and place specified, which shall be not less than four
or more than eight weeks from the time of making the order, to
show cause why the application for change of name should not be
granted.  A copy of the order to show cause shall be published
pursuant to Section 6064 of the Government Code in a newspaper
of general circulation to be designated in the order published
in the county.  If no newspaper of general circulation is
published in the county, a copy of the order to show cause shall
be posted by the clerk of the court in three of the most public
places in the county in which the court is located, for a like
period.  Proof shall be made to the satisfaction of the court of
this publication or posting, at the time of the hearing of the
application.

Four weekly publications shall be sufficient publication of
the order to show  cause.  If the order is published in a daily
newspaper, publication once a week for four successive weeks
shall be sufficient.

Where a petition has been filed for a minor and the other
parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the
hearing, to be served notice of the time and place of the
hearing or a copy of the order to show cause on the other parent
pursuant to Section 413.10, 414.10, 415.10, or 415.40.

(b)    Where application for change of name is brought as part of
an action under the Uniform Parentage Act (Part 3 (commencing
with Section 7600) of Division 12 of the Family Code), whether
as part of a petition or cross-complaint or as a separate order
to show cause in a pending action thereunder, service of the
application shall be made upon all other parties to the action
in a like manner as prescribed for the service of a summons, as
is set forth in Article 3 (commencing with Section 415.10) of
Chapter 4 of Title 5 of Part 2.  Upon the setting of a hearing
on the issue, notice of the hearing shall be given to all
parties in the action in a like manner and within the time
limits prescribed generally for the type of hearing (whether
trial or order to show cause) at which the issue of the change
of name is to be decided.

1278.  (a) Except as provided in subdivision (b), the application
shall be heard at the time designated by the court,
only if objections are filed by any person who can, in those
objections, show to the court good reason against the change of
name.  At the hearing, the court may examine on oath any of the
petitioners, remonstrants, or other persons, touching the
application, and may make an order changing the name, or
dismissing the application, as to the court may seem right and
proper.

If no objection is filed the court may, without hearing,
enter the order that the change of name is granted.

(b)    Where the application for a change of name is brought as
part of an action under the Uniform Parentage
Act (Part 3 (commencing with Section 7600) of Division 12 of the Family
Code), the hearing on the issue of the change of name shall be
conducted pursuant to statutes and rules of court governing
those proceedings, whether the hearing is conducted upon an
order to show cause or upon trial.

1279.  A certified copy of the decree of the court, changing the name
of a person, shall within thirty days from the date of
such decree, be filed in the office of the secretary of state.

1279.5.Nothing in this title shall be construed to abrogate the
common law right of any person to change one's name.

1279.6.No person engaged in a trade or business of any kind or in
the provision of a service of any kind shall do any of the
following:

(a)    Refuse to do business with a woman, or refuse to provide
the service to a woman, regardless of her marital status,
because she has chosen to use or regularly uses her birth name
or former name.

(b)    Impose, as a condition of doing business with a woman, or
as a condition of providing the service to a woman, a
requirement that the woman, regardless of her marital status,
use a name other than her birth name or former name if she has
chosen to use or regularly uses her birth name or former name.

1280.  As used in this title:

(a)    "Agreement" includes but is not limited to agreements
providing for valuations, appraisals and similar proceedings and
agreements between employers and employees or between their
respective representatives.

(b)    "Award" includes but is not limited to an award made
pursuant to an agreement not in writing.

(c)    "Controversy" means any question arising between parties to
an agreement whether such question is one of law or of fact
or both.

(d)    "Neutral arbitrator" means an arbitrator who is (1) selected
jointly by the parties or by the arbitrators selected
by the parties or (2)  appointed by the court when the parties
or the arbitrators selected by the parties fail to select an
arbitrator who was to be selected jointly by them.

(e)    "Party to the arbitration" means a party to the arbitration
agreement:

(1)    Who seeks to arbitrate a controversy pursuant to the
agreement;

(2)    Against whom such arbitration is sought pursuant to the
agreement; or

(3)    Who is made a party to such arbitration by order of the
neutral arbitrator upon such party's application, upon the
application of any other party to the arbitration or upon the
neutral arbitrator's own determination.

(f)    "Written agreement" shall be deemed to include a written
agreement which has been extended or renewed by an oral or
implied agreement.

1280.1.An arbitrator has the immunity of a judicial officer from
civil liability when acting in the capacity of arbitrator
under any statute or contract.

The immunity afforded by this section shall supplement, and
not supplant, any otherwise applicable common law or statutory
immunity.

This section shall remain in effect only until January 1, 1996,
and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1996, deletes or
extends that date.

1280.2.Whenever reference is made in this title to any portion of the
title or of any other law of this State, the reference applies to all
amendments and additions thereto now or hereafter made.

1281.  A written agreement to submit to arbitration an existing
controversy or a controversy thereafter arising is valid,
enforceable and irrevocable, save upon such grounds as exist for
the revocation of any contract.

1281.2.On petition of a party to an arbitration agreement alleging
the existence of a written agreement to arbitrate a
controversy and that a party thereto refuses to arbitrate such
controversy, the court shall order the petitioner and the
respondent to arbitrate the controversy if it determines that an
agreement to arbitrate the controversy exists, unless it
determines that:

(a)    The right to compel arbitration has been waived by the
petitioner; or

(b)    Grounds exist for the revocation of the agreement.

(c)    A party to the arbitration agreement is also a party to a
pending court action or special proceeding with a third party,
arising out of the same transaction or series of related
transactions and there is a possibility of conflicting rulings
on a common issue of law or fact.  For purposes of this section,
a pending court action or special proceeding includes an action
or proceeding initiated by the party refusing to arbitrate
after the petition to compel arbitration has been filed, but on
or before the date of the hearing on the petition.  This
subdivision shall not be applicable to an agreement to arbitrate
disputes as to the professional negligence of a health care
provider made pursuant to Section 1295.

If the court determines that a written agreement to arbitrate
a controversy exists, an order to arbitrate such controversy
may not be refused on the ground that the petitioner's
contentions lack substantive merit.

If the court determines that there are other issues between
the petitioner and the respondent which are not subject to
arbitration and which are the subject of a pending action or
special proceeding between the petitioner and the respondent and
that a determination of such issues may make the arbitration
unnecessary, the court may delay its order to arbitrate until
the determination of such other issues or until such earlier
time as the court specifies.

If the court determines that a party to the arbitration is
also a party to litigation in a pending court action or special
proceeding with a third party as set forth under subdivision c
herein, the court (1) may refuse to enforce the arbitration
agreement and may order intervention or joinder of all parties
in a single action or special proceeding; (2) may order
intervention or joinder as to all or only certain issues; (3)
may order arbitration among the parties who have agreed to
arbitration and stay the pending court action or special
proceeding pending the outcome of the arbitration proceeding; or

(4)    may stay arbitration pending the outcome of the court action
or special proceeding.

1281.3.A party to an arbitration agreement may petition the court to
consolidate separate arbitration proceedings, and the
court may order consolidation of separate arbitration
proceedings when:

(1)    Separate arbitration agreements or proceedings exist between
the same parties; or one party is a party to a separate
arbitration agreement or proceeding with a third party; and

(2)    The disputes arise from the same transactions or series of
related transactions; and

(3)    There is common issue or issues of law or fact creating the
possibility of conflicting rulings by more than one
arbitrator or panel of arbitrators.

If all of the applicable arbitration agreements name the same
arbitrator, arbitration panel, or arbitration tribunal, the
court, if it orders consolidation, shall order all matters to be
heard before the arbitrator, panel, or tribunal agreed to by
the parties.  If the applicable arbitration agreements name
separate arbitrators, panels, or tribunals, the court, if it
orders consolidation, shall, in the absence of an agreed method
of selection by all parties to the consolidated arbitration,
appoint an arbitrator in accord with the procedures set forth in
Section 1281.6.

In the event that the arbitration agreements in consolidated
proceedings contain inconsistent provisions, the court shall
resolve such conflicts and determine the rights and duties of
the various parties to achieve substantial justice under all the
circumstances.

The court may exercise its discretion under this section to
deny consolidation of separate arbitration proceedings or to
consolidate separate arbitration proceedings only as to certain
issues, leaving other issues to be resolved in separate
proceedings.

This section shall not be applicable to an agreement to
arbitrate disputes as to the professional negligence of a health
care provider made pursuant to Section 1295.

1281.4.If a court of competent jurisdiction, whether in this State or
not, has ordered arbitration of a controversy which is
an issue involved in an action or proceeding pending before a
court of this State, the court in which such action or
proceeding is pending shall, upon motion of a party to such
action or proceeding, stay the action or proceeding until an
arbitration is had in accordance with the order to arbitrate or
until such earlier time as the court specifies.

If an application has been made to a court of competent
jurisdiction, whether in this State or not, for an order to
arbitrate a controversy which is an issue involved in an action
or proceeding pending before a court of this State and such
application is undetermined, the court in which such action or
proceeding is pending shall, upon motion of a party to such
action or proceeding, stay the action or proceeding until the
application for an order to arbitrate is determined and, if
arbitration of such controversy is ordered, until an arbitration
is had in accordance with the order to arbitrate or until such
earlier time as the court specifies.

If the issue which is the controversy subject to arbitration
is severable, the stay may be with respect to that issue only.

1281.5.(a) Any person, who proceeds to record and enforce a claim of
lien by commencement of an action pursuant to Title 15 (commencing
with Section 3082) of Part 4 of Division 3 of the
Civil Code, shall not thereby waive any right of arbitration
which that person may have pursuant to a written agreement to
arbitrate, if, in filing an action to enforce the claim of lien,
the claimant at the same time presents to the court an
application that the action be stayed pending the arbitration of
any issue, question, or dispute which is claimed to be
arbitrable under the agreement and which is relevant to the
action to enforce the claim of lien.  The applicant may join
with the application for the stay, pending arbitration, a claim
of lien otherwise within the jurisdiction of the municipal
court.

(b) The failure of a defendant to file a petition pursuant to
Section 1281.2 at or before the time he or she answers the
complaint filed pursuant to subdivision (a) shall constitute a
waiver of that party's right to compel arbitration.

1281.6.If the arbitration agreement provides a method of appointing
an arbitrator, such method shall be followed.  If the
arbitration agreement does not provide a method for appointing
an arbitrator, the parties to the agreement who seek arbitration
and against whom arbitration is sought may agree on a method of
appointing an arbitrator and that method shall be followed.  In
the absence of an agreed method, or if the agreed method fails
or for any reason cannot be followed, or when an arbitrator
appointed fails to act and his successor has not been appointed,
the court, on petition of a party to the arbitration agreement,
shall appoint the arbitrator.

When a petition is made to the court to appoint a neutral
arbitrator, the court shall nominate five persons from lists of
persons supplied jointly by the parties to the arbitration or
obtained from a governmental agency concerned with arbitration
or private disinterested association concerned with arbitration.
The parties to the agreement who seek arbitration and against
whom arbitration is sought may within five days of receipt of
notice of such nominees from the court jointly select the
arbitrator whether or not such arbitrator is among the nominees.
If such parties fail to select an arbitrator within the
five-day period, the court shall appoint the arbitrator from the
nominees.

1281.7.A petition pursuant to Section 1281.2 may be filed in lieu of
filing an answer to a complaint.  The petitioning
defendant shall have 15 days after any denial of the petition to
plead to the complaint.

1281.8.  (a) As used in this section, "provisional remedy"
includes the following:

(1)    Attachments and temporary protective orders issued
pursuant to Title 6.5 (commencing with Section 481.010) of Part 2.

(2)    Writs of possession issued pursuant to
Article 2 (commencing with Section 512.010) of
Chapter 2 of Title 7 of Part 2.

(3)    Preliminary injunctions and temporary restraining orders
issued pursuant to Section 527.

(4)    Receivers appointed pursuant to Section 564.

(b) A party to an arbitration agreement may file in the court
in the county in which an arbitration proceeding is pending, or
if an arbitration proceeding has not commenced, in any proper
court, an application for a provisional remedy in connection
with an arbitrable controversy, but only upon the ground that
the award to which the applicant may be entitled may be rendered
ineffectual without provisional relief.  The application shall
be accompanied by a complaint or by copies of the demand for
arbitration and any response thereto.  If accompanied by a
complaint, the application shall also be accompanied by a
statement stating whether the party is or is not reserving the
party's right to arbitration.

(c)    A claim by the party opposing issuance of a provisional
remedy, that the controversy is not subject to arbitration,
shall not be grounds for denial of any provisional remedy.

(d)    An application for a provisional remedy under subdivision (b)
shall not operate to waive any right of arbitration which
the applicant may have pursuant to a written agreement to
arbitrate, if, at the same time as the application for a
provisional remedy is presented, the applicant also presents to
the court an application that all other proceedings in the
action be stayed pending the arbitration of any issue, question,
or dispute which is claimed to be arbitrable under the
agreement and which is relevant to the action pursuant to which
the provisional remedy is sought.

1282.  Unless the arbitration agreement otherwise provides, or unless
the parties to the arbitration otherwise provide by an
agreement which is not contrary to the arbitration agreement as
made or as modified by all of the parties thereto:

(a)    The arbitration shall be by a single neutral arbitrator.

(b)    If there is more than one arbitrator, the powers and duties
of the arbitrators, other than the powers and duties of a
neutral arbitrator, may be exercised by a majority of them if
reasonable notice of all proceedings has been given to all
arbitrators.

(c)    If there is more than one neutral arbitrator:

(1)    The powers and duties of a neutral arbitrator may be
exercised by a majority of the neutral arbitrators.

(2)    By unanimous agreement of the neutral arbitrators, such
powers and duties may be delegated to one of their number but
the power to make or correct the award may not be so delegated.

(d)    If there is no neutral arbitrator, the powers and duties of
a neutral arbitrator may be exercised by a majority of the
arbitrators.

(e)    An arbitrator shall disqualify himself or herself, upon
demand of any party to the arbitration agreement made before the
conclusion of the arbitration proceedings, on any of the
grounds specified in Section 170.1 for disqualification of a
judge.  However, this subdivision does not apply to arbitration
proceedings conducted under a collective agreement between
employers and employees or between their respective
representatives.

1282.2.  Unless the arbitration agreement otherwise provides,
or unless the parties to the arbitration otherwise provide by an
agreement which is not contrary to the arbitration agreement as
made or as modified by all the parties thereto:

(a)    (1) The neutral arbitrator shall appoint a time and place
for the hearing and cause notice thereof to be served
personally or by registered or certified mail on the parties to
the arbitration and on the other arbitrators not less than seven
days before the hearing.  Appearance at the hearing waives the
right to notice.

(2)    With the exception of matters arising out of collective-
bargaining agreements, those described in Section 1283.05,
actions involving personal injury or death, or as
provided in the parties' agreement to arbitrate, in the event
the aggregate amount in controversy exceeds fifty thousand
dollars ($50,000) and the arbitrator is informed thereof by any
party in writing by personal service, registered or certified
mail, prior to designating a time and place of hearing pursuant
to paragraph (1), the neutral arbitrator by the means prescribed
in paragraph (1) shall appoint a time and place for hearing not
less than 60 days before the hearing, and the following
provisions shall apply:

(A)    Either party shall within 15 days of receipt of the
notice of hearing have the right to demand in writing,
served personally or by registered or certified mail, that the other
party provide a list of witnesses it intends to call designating
which witnesses will be called as expert witnesses and a list
of documents it intends to introduce at the hearing provided
that the demanding party provides such lists at the time of its
demand.  A copy of such demand and the demanding party's lists
shall be served on the arbitrator.

(B)    Such lists shall be served personally or by registered
or certified mail on the requesting party 15 days
thereafter.

Copies thereof shall be served on the arbitrator.

(C)    Listed documents shall be made available for inspection
and copying at reasonable times prior to the hearing.

(D)    Time limits provided herein may be waived by mutual
agreement of the parties if approved by the arbitrator.

(E)    The failure to list a witness or a document shall not
bar the testimony of an unlisted witness or the introduction
of an undesignated document at the hearing, provided that good cause
for omission from the requirements of subparagraph (A) is shown,
as determined by the arbitrator.

(F)    The authority of the arbitrator to administer and
enforce this paragraph shall be as provided in subdivisions (b) to (e),
inclusive, of Section 1283.05.

(b)    The neutral arbitrator may adjourn the hearing from time to
time as necessary.  On request of a party to the arbitration
for good cause, or upon his own determination, the neutral
arbitrator may postpone the hearing to a time not later than the
date fixed by the agreement for making the award, or to a later
date if the parties to the arbitration consent thereto.

(c)    The neutral arbitrator shall preside at the hearing, shall
rule on the admission and exclusion of evidence and on
questions of hearing procedure and shall exercise all powers
relating to the conduct of the hearing.

(d)    The parties to the arbitration are entitled to be heard, to
present evidence and to cross-examine witnesses appearing at
the hearing, but rules of evidence and rules of judicial
procedure need not be observed.  On request of any party to the
arbitration, the testimony of witnesses shall be given under
oath.

(e)    If a court has ordered a person to arbitrate a controversy,
the arbitrators may hear and determine the
controversy upon the evidence produced notwithstanding the
failure of a party ordered to arbitrate, who has been duly
notified, to appear.

(f)    If an arbitrator, who has been duly notified, for any reason
fails to participate in the arbitration, the arbitration
shall continue but only the remaining neutral arbitrator or
neutral arbitrators may make the award.

(g)    If a neutral arbitrator intends to base an award upon
information not obtained at the hearing, he shall disclose the
information to all parties to the arbitration and give the
parties an opportunity to meet it.

1282.4.  A party to the arbitration has the right to be
represented by an attorney at any proceeding or hearing in
arbitration under this title.  A waiver of this right may be
revoked; but if a party revokes such waiver, the other party is
entitled to a reasonable continuance for the purpose of
procuring an attorney.

1282.6.  (a) A subpoena requiring the attendance of witnesses,
and a subpoena duces tecum for the production of books, records,
documents and other evidence, at an arbitration proceeding or a
deposition under Section 1283, and if Section 1283.05 is
applicable, for the purposes of discovery, shall be issued as
provided in this section.  In addition, the neutral arbitrator
upon his own determination may issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records, documents and other evidence.

(b) Subpoenas shall be issued, as of course, signed but
otherwise in blank, to the party requesting them, by a neutral
association, organization, governmental agency, or office if the
arbitration agreement provides for administration of the
arbitration proceedings by, or under the rules of, a neutral
association, organization, governmental agency or office or by
the neutral arbitrator.

(c)    The party serving the subpoena shall fill it in before
service.  Subpeonas shall be served and enforced in accordance
with Chapter 2 (commencing with Section 1985) of Title 3 of
Part 4 of this code.

1282.8.The neutral arbitrator may administer oaths.

1283.  On application of a party to the arbitration the neutral
arbitrator may order the deposition of a witness to be taken
for use as evidence and not for discovery if the witness cannot
be compelled to attend the hearing or if such exceptional
circumstances exist as to make it desirable, in the interest of
justice and with due regard to the importance of presenting the
testimony of witnesses orally at the hearing, to allow the
deposition to be taken.  The deposition shall be taken in the
manner prescribed by law for the taking of depositions in civil
actions.  If the neutral arbitrator orders the taking of the
deposition of a witness who resides outside the state, the party
who applied for the taking of the deposition shall obtain a
commission therefor from the superior court in accordance with
Sections 2024 to 2028, inclusive, of this code.

1283.05.  To the extent provided in Section 1283.1 depositions
may be taken and discovery obtained in arbitration proceedings
as follows:

(a)    After the appointment of the arbitrator or arbitrators,
the parties to the arbitration shall have the right to take
depositions and to obtain discovery regarding the subject matter
of the arbitration, and, to that end, to use and exercise all
of the same rights, remedies, and procedures, and be subject to
all of the same duties, liabilities, and obligations in the
arbitration with respect to the subject matter thereof, as
provided in Chapter 2 (commencing with Section 1985) of, and
Article 3 (commencing with Section 2016) of Chapter 3 of, Title 3
of Part 4 of this code, as if the subject matter of the
arbitration were pending in a civil action before a superior
court of this state, subject to the limitations as to
depositions set forth in subdivision (e) of this section.

(b)    The arbitrator or arbitrators themselves shall have power,
in addition to the power of determining the merits of the
arbitration, to enforce the rights, remedies, procedures,
duties, liabilities, and obligations of discovery by the
imposition of the same terms, conditions, consequences,
liabilities, sanctions, and penalties as can be or may be
imposed in like circumstances in a civil action by a superior
court of this state under the provisions of this code, except
the power to order the arrest or imprisonment of a person.

(c)    The arbitrator or arbitrators may consider, determine, and
make such orders imposing such terms, conditions,
consequences, liabilities, sanctions, and penalties, whenever
necessary or appropriate at any time or stage in the course of
the arbitration, and such orders shall be as conclusive, final,
and enforceable as an arbitration award on the merits, if the
making of any such order that is equivalent to an award or
correction of an award is subject to the same conditions, if
any, as are applicable to the making of an award or correction
of an award.

(d)    For the purpose of enforcing the duty to make discovery, to
produce evidence or information, including books and records,
and to produce persons to testify at a deposition or at a
hearing, and to impose terms, conditions, consequences,
liabilities, sanctions, and penalties upon a party for violation
of any such duty, such party shall be deemed to include every
affiliate of such party as defined in this section.  For such
purpose:

(1)    The personnel of every such affiliate shall be deemed to
be the officers, directors, managing agents, agents, and
employees of such party to the same degree as each of them,
respectively, bears such status to such affiliate; and

(2)    The files, books, and records of every such affiliate
shall be deemed to be in the possession and control of, and
capable of production by, such party.  As used in this section,
"affiliate" of the party to the arbitration means and includes
any party or person for whose immediate benefit the action or
proceeding is prosecuted or defended, or an officer, director,
superintendent, member, agent, employee, or managing agent of
such party or person.

(e)    Depositions for discovery shall not be taken unless leave to
do so is first granted by the arbitrator or arbitrators.

1283.1.(a) All of the provisions of Section 1283.05 shall be
conclusively deemed to be incorporated into, made a part of, and
shall be applicable to, every agreement to arbitrate any
dispute, controversy, or issue arising out of or resulting from
any injury to, or death of, a person caused by the wrongful act
or neglect of another.

(b) Only if the parties by their agreement so provide, may
the provisions of Section 1283.05 be incorporated into, made a
part of, or made applicable to, any other arbitration agreement.

1283.2.Except for the parties to the arbitration and their agents,
officers and employees, all witnesses appearing pursuant
to subpoena are entitled to receive fees and mileage in the
same amount and under the same circumstances as prescribed by
law for witnesses in civil actions in the superior court.  The
fee and mileage of a witness subpoenaed upon the application of
a party to the arbitration shall be paid by such party.  The fee
and mileage of a witness subpoenaed soley upon the
determination of the neutral arbitrator shall be paid in the
manner provided for the payment of the neutral arbitrator's
expenses.

1283.4.The award shall be in writing and signed by the arbitrators
concurring therein.  It shall include a
determination of all the questions submitted to the arbitrators
the decision of which is necessary in order to determine the
controversy.

1283.6.The neutral arbitrator shall serve a signed copy of the award
on each party to the arbitration personally or by
registered or certified mail or as provided in the agreement.

1283.8.The award shall be made within the time fixed therefor by the
agreement or, if not so fixed, within such time as the
court orders on petition of a party to the arbitration.  The
parties to the arbitration may extend the time either before or
after the expiration thereof.  A party to the arbitration waives
the objection that an award was not made within the time
required unless he gives the arbitrators written notice of his
objection prior to the service of a signed copy of the award on
him.

1284.  The arbitrators, upon written application of a party to the
arbitration, may correct the award upon any of the grounds
set forth in subdivisions (a) and c of Section 1286.6 not
later than 30 days after service of a signed copy of the award
on the applicant.

Application for such correction shall be made not later than 10
days after service of a signed copy of the award on the
applicant.  Upon or before making such application, the
applicant shall deliver or mail a copy of the application to all
of the other parties to the arbitration.

Any part to the arbitration may make written objection to
such application. The objection shall be made not later than 10
days after the application is delivered or mailed to the
objector.  Upon or before making such objection, the objector
shall deliver or mail a copy of the objection to the applicant
and all the other parties to the arbitration.

The arbitrators shall either deny the application or correct
the award.  The denial of the application or the correction of
the award shall be in writing and signed by the arbitrators
concurring therein, and the neutral arbitrator shall serve a
signed copy of such denial or correction on each party to the
arbitration personally or by registered or certified mail or as
provided in the agreement.  If no denial of the application or
correction of the award is served within the 30-day period
provided in this section, the application for correction shall
be deemed denied on the last day thereof.

1284.2.  Unless the arbitration agreement otherwise provides or
the parties to the arbitration otherwise agree, each party to
the arbitration shall pay his pro rata share of the expenses and
fees of the neutral arbitrator, together with other expenses of
the arbitration incurred or approved by the neutral arbitrator,
not including counsel fees or witness fees or other expenses
incurred by a party for his own benefit.

1285.  Any party to an arbitration in which an award has been made
may petition the court to confirm, correct or vacate the
award.  The petition shall name as respondents all parties to
the arbitration and may name as respondents any other persons
bound by the arbitration award.

1285.2.  A response to a petition under this chapter may
request the court to dismiss the petition or to confirm, correct
or vacate the award.

1285.4.  A petition under this chapter shall:

(a)    Set forth the substance of or have attached a copy of the
agreement to arbitrate unless the petitioner denies the
existence of such an agreement.

(b)    Set forth names of the arbitrators.

(c)    Set forth or have attached a copy of the award and the
written opinion of the arbitrators, if any.

1285.6.  Unless a copy thereof is set forth in or attached to
the petition, a response to a petition under this chapter shall:

(a)    Set forth the substance of or have attached a copy of the
agreement to arbitrate unless the respondent denies the
existence of such an agreement.

(b)    Set forth the names of the arbitrators.

(c)    Set forth or have attached a copy of the award and the
written opinion of the arbitrators, if any.

1285.8. A petition to correct or vacate an award, or a response
requesting such relief, shall set forth the grounds on
which the request for such relief is based.

1286.  If a petition or response under this chapter is duly served
and filed, the court shall confirm the award as made,
whether rendered in this state or another state, unless in
accordance with this chapter it corrects the award and confirms
it as corrected, vacates the award or dismisses the proceedings.

1286.2.  Subject to Section 1286.4, the court shall vacate the
award if the court determines any of the following:

(a)    The award was procured by corruption, fraud or other
undue means.

(b)    There was corruption in any of the arbitrators.

(c)    The rights of the party were substantially prejudiced by
misconduct of a neutral arbitrator.

(d)    The arbitrators exceeded their powers and the award
cannot be corrected without affecting the merits of the
decision upon the controversy submitted.

(e)    The rights of the party were substantially prejudiced by
the refusal of the arbitrators to postpone the hearing upon
sufficient cause being shown therefor or by the refusal of the
arbitrators to hear evidence material to the controversy or by
other conduct of the arbitrators contrary to the provisions of
this title.

(f)    An arbitrator making the award was subject to
disqualification upon grounds specified in subdivision (e) of
Section 1282, but failed upon receipt of timely demand to
disqualify himself or herself as required by those provisions.
However, this subdivision does not apply to arbitration
proceedings conducted under a collective agreement between
employers and employees or between their respective
representatives.

1286.4.  The court may not vacate an award unless:

(a)    A petition or response requesting that the award be vacated
has been duly served and filed; or

(b)    A petition or response requesting that the award be
corrected has been duly served and filed and;

(1)    All petitioners and respondents are before the court; or

(2)    All petitioners and respondents have been given
reasonable notice that the court will be requested at the
hearing to vacate the award or that the court on its own motion
has determined to vacate the award and all petitioners and
respondents have been given an opportunity to show why the award
should not be vacated.

1286.6.  Subject to Section 1286.8, the court, unless it
vacates the award pursuant to Section 1286.2, shall correct the
award and confirm it as corrected if the court determines that:

(a)    There was an evident miscalculation of figures or an evident
mistake in the description of any person, thing or
property referred to in the award;

(b)    The arbitrators exceeded their powers but the award may be
corrected without affecting the merits of the decision upon
the controversy submitted; or

(c)    The award is imperfect in a matter of form, not affecting
the merits of the controversy.

1286.8.The court may not correct an award unless:

(a)    A petition or response requesting that the award be
corrected has been duly served and filed; or

(b)    A petition or response requesting that the award be vacated
has been duly served and filed and:

(1)    All petitioners and respondents are before the court; or

(2)    All petitioners and respondents have been given
reasonable notice that the court will be requested at the
hearing to correct the award or that the court on its own motion
has determined to correct the award and all petitioners and
respondents have been given an opportunity to show why the award
should not be corrected.

1287.  If the award is vacated, the court may order a rehearing
before new arbitrators.  If the award is vacated on the grounds
set forth in subdivision (d) or (e) of Section 1286.2, the
court with the consent of the parties to the court proceeding
may order a rehearing before the original arbitrators.
If the arbitration agreement requires that the award be made
within a specified period of time, the rehearing may
nevertheless be held and the award made within an equal period
of time beginning with the date of the order for rehearing but
only if the court determines that the purpose of the time limit
agreed upon by the parties to the arbitration agreement will not
be frustrated by the application of this provision.

1287.2.  The court shall dismiss the proceeding under this
chapter as to any person named as a respondent if the court
determines that such person was not bound by the arbitration
award and was not a party to the arbitration.

1287.4.  If an award is confirmed, judgment shall be entered in
conformity therewith.  The judgment so entered has the same
force and effect as, and is subject to all the provisions of law
relating to, a judgment in a civil action; and it may be
enforced like any other judgment of the court in which it is
entered.

1287.6.  An award that has not been confirmed or vacated has
the same force and effect as a contract in writing between the
parties to the arbitration.

1288.  A petition to confirm an award shall be served and filed not
later than four years after the date of service of a signed
copy of the award on the petitioner.  A petition to vacate an
award or to correct an award shall be served and filed not later
than 100 days after the date of the service of a signed copy of
the award on the petitioner.

1288.2.  A response requesting that an award be vacated or that
an award be corrected shall be served and filed not later than 100
days after the date of service of a signed copy of the award
upon:

(a)    The respondent if he was a party to the arbitration; or

(b)    The respondent's representative if the respondent was not a
party to the arbitration.

1288.4.  No petition may be served and filed under this chapter
until at least 10 days after service of the signed copy of the
award upon the petitioner.

1288.6.  If an application is made to the arbitrators for
correction of the award, a petition may not be served and filed
under this chapter until the determination of that application.

1288.8.If an application is made to the arbitrators for correction of
the award, the date of the service of the award
for the purposes of this article shall be deemed to be whichever
of the following dates is the earlier:

(a)    The date of service upon the petitioner of a signed copy of
the correction of the award or of the denial of the
application.

(b)    The date that such application is deemed to be denied under
Section 1284.

1290.  A proceeding under this title in the courts of this
State is commenced by filing a petition.  Any person named as a
respondent in a petition may file a response thereto.  The
allegations of a petition are deemed to be admitted by a
respondent duly served therewith unless a response is duly
served and filed.  The allegations of a response are deemed
controverted or avoided.

1290.2.  A petition under this title shall be heard in a
summary way in the manner and upon the notice provided by law
for the making and hearing of motions, except that not less than 10
days' notice of the date set for the hearing on the petition
shall be given.

1290.4.  (a) A copy of the petition and a written notice of the
time and place of the hearing thereof and any other papers upon
which the petition is based shall be served in the manner
provided in the arbitration agreement for the service of such
petition and notice.

(b)    If the arbitration agreement does not provide the manner in
which such service shall be made and the person upon whom
service is to be made has not previously appeared in the
proceeding and has not previously been served in accordance with
this subdivision:

(1)    Service within this State shall be made in the manner
provided by law for the service of summons in an action.

(2)    Service outside this State shall be made by mailing the
copy of the petition and notice and other papers by registered
or certified mail.  Personal service is the equivalent of such
service by mail.  Proof of service by mail shall be made by
affidavit showing such mailing together with the return receipt
of the United States Post Office bearing the signature of the
person on whom service was made.  Notwithstanding any other
provision of this title, if service is made in the manner
provided in this paragraph, the petition may not be heard until
at least 30 days after the date of such service.

(c)    If the arbitration agreement does not provide the manner in
which such service shall be made and the person on whom
service is to be made has previously appeared in the proceeding
or has previously been served in accordance with subdivision (b)
of this section, service shall be made in the manner provided
in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2
of this code.

1290.6.  A response shall be served and filed within 10 days
after service of the petition except that if the petition is
served in the manner provided in paragraph (2) of subdivision

(b) of Section 1290.4, the response shall be served and filed
within 30 days after service of the petition.  The time provided
in this section for serving and filing a response may be
extended by an agreement in writing between the parties to the
court proceeding or, for good cause, by order of the court.

1290.8.A response shall be served as provided in
Chapter 5 (commencing with Section 1010) of Title 14 of Part 2
of this code.

1291.  A statement of decision shall be made by the court, if
requested pursuant to Section 632, whenever an order or
judgment, except a special order after final judgment, is made
that is appealable under this title.

1291.2.  In all proceedings brought under the provisions of
this title, all courts wherein such proceedings are pending
shall give such proceedings preference over all other civil
actions or proceedings, except older matters of the same
character and matters to which special precedence may be given
by law, in the matter of setting the same for hearing and in
hearing the same to the end that all such proceedings shall be
quickly heard and determined.

1292.  Except as otherwise provided in this article, any petition
made prior to the commencement of arbitration shall be
filed in a court having jurisdiction in:

(a)    The county where the agreement is to be performed or was
made.

(b)    If the agreement does not specify a county where the
agreement is to be performed and the agreement was not made in
any county in this state, the county where any party to the
court proceeding resides or has a place of business.

(c)    In any case not covered by subdivision (a) or (b) of this
section, in any county in this state.

1292.2.  Except as otherwise provided in this article, any
petition made after the commencement or completion of
arbitration shall be filed in a court having jurisdiction in the
county where the arbitration is being or has been held, or, if
not held exclusively in any one county of this state, or if held
outside of this state, then the petition shall be filed as
provided in Section 1292.

1292.4.  If a controversy referable to arbitration under an
alleged agreement is involved in an action or proceeding pending
in a superior court, a petition for an order to arbitrate shall
be filed in such action or proceeding.

1292.6.  After a petition has been filed under this title, the
court in which such petition was filed retains jurisdiction to
determine any subsequent petition involving the same agreement
to arbitrate and the same controversy, and any such subsequent
petition shall be filed in the same proceeding.

1292.8. A motion for a stay of an action on the ground that an issue
therein is subject to arbitration shall be made in the
court where the action is pending.

1293.  The making of an agreement in this State providing for
arbitration to be had within this State shall be deemed a
consent of the parties thereto to the jurisdiction of the courts
of this State to enforce such agreement by the making of any
orders provided for in this title and by entering of judgment on
an award under the agreement.

1293.2.  The court shall award costs upon any judicial
proceeding under this title as provided in Chapter 6 (commencing
with Section 1021) of Title 14 of Part 2 of this code.

1294.  An aggrieved party may appeal from:

(a)    An order dismissing or denying a petition to compel
arbitration.

(b)    An order dismissing a petition to confirm, correct or vacate
an award.

(c)    An order vacating an award unless a rehearing in arbitration
is ordered.

(d)    A judgment entered pursuant to this title.

(e)    A special order after final judgment.

1294.2.  The appeal shall be taken in the same manner as an
appeal from an order or judgment in a civil action.  Upon an
appeal from any order or judgment under this title, the court
may review the decision and any intermediate ruling, proceeding,
order or decision which involves the merits or necessarily
affects the order or judgment appealed from, or which
substantially affects the rights of a party.  The court may also
on such appeal review any order on motion for a new trial.  The
respondent on the appeal, or party in whose favor the judgment
or order was given may, without appealing from such judgment,
request the court to and it may review any of the foregoing
matters for the purpose of determining whether or not the
appellant was prejudiced by the error or errors upon which he
relies for reversal or modification of the judgment or order
from which the appeal is taken.  The provisions of this section
do not authorize the court to review any decision or order from
which an appeal might have been taken.

1295.  (a) Any contract for medical services which contains a
provision for arbitration of any dispute as to professional
negligence of a health care provider shall have such provision
as the first article of the contract and shall be expressed in
the following language:  "It is understood that any dispute as
to medical malpractice, that is as to whether any medical
services rendered under this contract were unnecessary or
unauthorized or were improperly, negligently or incompetently
rendered, will be determined by submission to arbitration as
provided by California law, and not by a lawsuit or resort to
court process except as California law provides for judicial
review of arbitration proceedings.  Both parties to this
contract, by entering into it, are giving up their
constitutional right to have any such dispute decided in a court
of law before a jury, and instead are accepting the use of
arbitration."

(b) Immediately before the signature line provided for the
individual contracting for the medical services must appear the
following in at least 10-point bold red type:

"NOTICE:  BY SIGNING THIS CONTRACT YOU ARE AGREEING
TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED
BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR
RIGHT TO A JURY OR COURT TRIAL.  SEE ARTICLE 1 OF
THIS CONTRACT."

(c)    Once signed, such a contract governs all subsequent open-
book account transactions for medical services for which
the contract was signed until or unless rescinded by written
notice within 30 days of signature.  Written notice of such
rescission may be given by a guardian or conservator of the
patient if the patient is incapacitated or a minor.

(d)    Where the contract is one for medical services to a
minor, it shall not be subject to disaffirmance if signed by
the minor's parent or legal guardian.

(e)    Such a contract is not a contract of adhesion, nor
unconscionable nor otherwise improper, where it complies with
subdivisions (a), (b), and c of this section.

(f)    Subdivisions (a), (b), and c shall not apply to any
health care service plan contract offered by an organization
registered pursuant to Article 2.5 (commencing with Section 12530)
of Division 3 of Title 2 of the Government Code, or
licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code, which contains an
arbitration agreement if the plan complies with paragraph (10)
of subdivision (a) of Section 1363 of the Health and Safety
Code, or otherwise has a procedure for notifying prospective
subscribers of the fact that the plan has an arbitration
provision, and the plan contracts conform to subdivision (h) of
Section 1373 of the Health and Safety Code.

(g)    For the purposes of this section:

(1)    "Health care provider" means any person licensed or
certified pursuant to Division 2 (commencing with Section 500)
of the Business and Professions Code, or licensed pursuant to
the Osteopathic Initiative Act, or the Chiropractic Initiative
Act, or licensed pursuant to Chapter 2.5 (commencing with
Section 1440) of Division 2 of the Health and Safety Code; and
any clinic, health dispensary, or health facility, licensed
pursuant to Division 2 (commencing with Section 1200) of the
Health and Safety Code.  "Health care provider" includes the
legal representatives of a health care provider;

(2)    "Professional negligence" means a negligent act or
omission to act by a health care provider in the rendering of
professional services, which act or omission is the proximate
cause of a personal injury or wrongful death, provided that such
services are within the scope of services for which the
provider is licensed and which are not within any restriction
imposed by the licensing agency or licensed hospital.

1296.  The parties to a construction contract with a public agency
may expressly agree in writing that in any arbitration to
resolve a dispute relating to the contract, the arbitrator's
award shall be supported by law and substantial evidence.  If
the agreement so provides, a court shall, subject to Section 1286.4,
vacate the award if after review of the award it
determines either that the award is not supported by substantial
evidence or that it is based on an error of law.

1297.101.  The parties may agree on the number of arbitrators.
Otherwise, there shall be one arbitrator.

1297.11.  This title applies to international commercial
arbitration and conciliation, subject to any agreement which is
in force between the United States and any other state or
states.

1297.111.   A person of any nationality may be an arbitrator.

1297.112.   Subject to Sections 1297.115 and 1297.116, the parties
may agree on a procedure for appointing the arbitral tribunal.

1297.113.   Failing such agreement referred to in
Section 1297.112, in an arbitration with three arbitrators and two
parties, each party shall appoint one arbitrator, and the two
appointed arbitrators shall appoint the third arbitrator.

1297.114.   If the appointment procedure in Section 1297.113
applies and either a party fails to appoint an arbitrator within 30
days after receipt of a request to do so from the other
party, or the two appointed arbitrators fail to agree  on the
third arbitrator within 30 days after their appointment, the
appointment shall be made, upon request of a party, by the
superior court.

1297.115.   Failing any agreement referred to in Section 1297.112,
in an arbitration with a sole arbitrator, if the
parties fail to agree on the arbitrator, the appointment shall
be made, upon request of a party, by the superior court.

1297.116.   The superior court, upon the request of a party, may
take the necessary measures, unless the agreement on the
appointment procedure provides other means for securing the
appointment, where, under an appointment procedure agreed upon
by the parties, any of the following occurs:

(a)    A party fails to act as required under that procedure.

(b)    The parties, or two appointed arbitrators, fail to reach
an agreement expected of them under that procedure.

(c)    A third party, including an institution, fails to perform
any function entrusted to it under that procedure.

1297.117.   A decision on a matter entrusted to the superior court
pursuant to Sections 1297.114, 127.115, and 1297.116 is
final and is not subject to appeal.

1297.118.   The superior court, in appointing an arbitrator, shall
have due regard to all of the following:

(a)    Any qualifications required of the arbitrator by the
agreement of the parties.

(b)    Other considerations as are likely to secure the
appointment of an independent and impartial arbitrator.

(c)    In the case of a sole or third arbitrator, the
advisability of appointing an arbitrator of a nationality other
than those of the parties.

1297.12.  This title, except Article 2 (commencing with
Section 1297.81) of Chapter 2 and Article 3 (commencing with
Section 1297.91) of Chapter 2, applies only if the place of
arbitration or conciliation is in the State of California.

1297.121.   Except as otherwise provided in this title, all persons
whose names have been submitted for consideration for
appointment or designation as arbitrators or conciliators, or
who have been appointed or designated as such, shall, within 15
days, make a disclosure to the parties of any information which
might cause their impartiality to be questioned including, but
not limited to, any of the following instances:

(a)    The person has a personal bias or prejudice concerning a
party, or personal knowledge of disputed evidentiary facts
concerning the proceeding.

(b)    The person served as a lawyer in the matter in controversy,
or the person  is or has been associated with
another who has participated in the matter during such
association, or he or she has been a material witness concerning
it.

(c)    The person served as an arbitrator or conciliator in another
proceeding involving one or more of the parties to the
proceeding.

(d)    The person, individually or a fiduciary, or such person's
spouse or minor child residing in such person's household, has
a financial interest in the subject matter in controversy or in
a party to the proceeding, or any other interest that could be
substantially affected by the outcome of the proceeding.

(e)    The person, his or her spouse, or a person within the third
degree of relationship to either of them, or the spouse of
such a person meets any of the following conditions:

(i)    The person is or has been a party to the proceeding, or
an officer, director, or trustee of a party.

(ii)   The person is acting or has acted as a lawyer in the
proceeding.

(iii)  The person is known to have an interest that could be
substantially affected by the outcome of the proceeding.

(iv)   The person is likely to be a material witness in the
proceeding.

(f)    The person has a close personal or professional relationship
with a person who meets any of the following
conditions:

(i)    The person is or has been a party to the proceeding, or
an officer, director, or trustee of a party.

(ii)   The person is acting or has acted as a lawyer or
representative in the proceeding.

(iii)  The person is or expects to be nominated as an arbitrator
or conciliator in the proceedings.

(iv)   The person is known to have an interest that could be
substantially affected by the outcome of the proceeding.

(v)    The person is likely to be a material witness in the
proceeding.

1297.122.   The obligation to disclose information set forth in
Section 1297.121 is mandatory and cannot be waived as to the
parties with respect to persons serving either as the sole
arbitrator or sole conciliator or as the chief or prevailing
arbitrator or conciliator.  The parties may otherwise agree to
waive such  disclosure.

1297.123.   From the time of appointment and throughout the arbitral
proceedings, an arbitrator, shall, without delay,
disclose to the parties any circumstances referred to in
Section 1297.121 which were not previously disclosed.

1297.124.   Unless otherwise agreed by the parties or the rules
governing the arbitration, an arbitrator may be challenged only
if circumstances exist that give rise to justifiable doubts as
to his or her independence or impartiality, or as to his or her
possession of the qualifications upon which the parties have
agreed.

1297.125.   A party may challenge an arbitrator appointed by it, or
in whose appointment it has participated, only for reasons
of which it becomes aware after the appointment has been made.

1297.13.  An arbitration or conciliation agreement is
international if any of the following applies:

(a)    The parties to an arbitration or conciliation agreement
have, at the time of the conclusion of that agreement, their
places of business in different states.

(b)    One of the following places is situated outside the state in
which the parties have their places of business:

(i)    The place of arbitration or conciliation if determined
in, or pursuant to, the arbitration or conciliation agreement.

(ii)   Any place where a substantial part of the obligations of
the commercial relationship is to be performed.

(iii)  The place with which the subject matter of the dispute is
most closely connected.

(c)    The parties have expressly agreed that the subject matter of
the arbitration or conciliation agreement relates to
commercial interests in more than one state.

(d)    The subject matter of the arbitration or conciliation
agreement is otherwise related to commercial interests in more
than one state.

1297.131.   The parties may agree on a procedure for challenging an
arbitrator  and the decision reached pursuant to that
procedure shall be final.

1297.132.   Failing any agreement referred to in Section 1297.131,
a party which intends to challenge an arbitrator
shall, within 15 days after becoming aware of the constitution
of the arbitral tribunal or after becoming aware of any
circumstances referred to in Sections 1297.124 and 1297.125,
whichever shall be later, send a written statement of the
reasons for the challenge to the arbitral tribunal.

1297.133.   Unless the arbitrator challenged under Section 1297.132
withdraws from his or her office or the other party
agrees to the challenge, the arbitral tribunal shall decide on
the challenge.

1297.134.   If a challenge following the procedure under Section 1297.133
is not successful, the challenging party may request
the superior court, within 30 days after having received notice
of the decision rejecting the challenge, to decide on the
challenge.  If a challenge is based upon the grounds set forth
in Section 1297.121, and the superior court determines that the
facts support a finding that such ground or grounds fairly
exist, then the challenge should be sustained.

1297.135.   The decision of the superior court under Section 1297.134
is final  and is not subject to appeal.

1297.136.   While a request under Section 1297.134 is pending, the
arbitral tribunal, including the challenged arbitrator, may
continue with the arbitral proceedings and make an arbitral
award.

1297.14.  For the purposes of Section 1297.13, if a party has
more than one place of business, the place of business is that
which has the closest relationship to the arbitration agreement,
and if a party does not have a place of business, reference is
to be made to his habitual residence.

1297.141.   The mandate of an arbitrator terminates if he becomes de
jure or de facto unable to perform his or her
functions or for other reasons fails to act without undue delay,
and he withdraws from his or her office or the parties agree to
the termination of his or her mandate.

1297.142.   If a controversy remains concerning any of the grounds
referred to in Section 1297.141, a party may request the
superior court to decide on the termination of the mandate.

1297.143.   A decision of the superior court under
Section 1297.142 is not subject to appeal.

1297.144.   If, under this section or Section 1297.132, an arbitrator
withdraws from office or a party agrees to the
termination of the mandate of an arbitrator, this does not imply
acceptance of the validity of any ground referred to in
Section 1297.132.

1297.15.  For the purposes of Section 1297.13, the states of
the United States, including the District of Columbia, shall be
considered one state.

1297.151.   In addition to the circumstances referred to under
Article 4 (commencing with Section 1297.131) and
Article 5 (commencing with Section 1297.141) of this chapter,
the mandate of an arbitrator terminates upon his or her withdrawal
from office for any reason, or by or pursuant to agreement of the
parties.

1297.152.   Where the mandate of an arbitrator terminates, a
substitute arbitrator shall be appointed according to the rules
that were applicable to the appointment of the arbitrator being
replaced.

1297.153.   Unless otherwise agreed by the parties:

(a)    Where the sole or presiding arbitrator is replaced, any
hearings previously held shall be repeated.

(b)    Where an arbitrator other than the sole or presiding
arbitrator is replaced, any hearings previously held may be
repeated at the discretion of the arbitral tribunal.

1297.154.   Unless otherwise agreed by the parties, an order or
ruling of the arbitral tribunal made prior to the replacement of
an arbitrator under this section is not invalid because there
has been a change in the composition of the tribunal.

1297.16.  An arbitration or conciliation agreement is
commercial if it arises out of a relationship of a commercial
nature including, but not limited to, any of the following:

(a)    A transaction for the supply or exchange of goods or
services.

(b)    A distribution agreement.

(c)    A commercial representation or agency.

(d)    An exploitation agreement or concession.

(e)    A joint venture or other, related form of industrial or
business cooperation.

(f)    The carriage of goods or passengers by air, sea, rail, or
road.

(g)    Construction.

(h)    Insurance.

(i)    Licensing.

(j)    Factoring.

(k)    Leasing.

(l)    Consulting.

(m)    Engineering.

(n)    Financing.

(o)    Banking.

(p)    The transfer of data or technology.

(q)    Intellectual or industrial property, including
trademarks, patents, copyrights and software programs.

(r)    Professional services.

1297.161.   The arbitral tribunal may rule on its own jurisdiction,
including ruling on any objections with respect to
the existence or validity of the arbitration agreement, and for
that purpose, an arbitration clause which forms part of a
contract shall be treated as an agreement independent of the
other terms of the contract, and a decision by the arbitral
tribunal that the contract is null and void shall not entail
ipso jure the invalidity of the arbitration clause.

1297.162.   A plea that the arbitral tribunal does not have
jurisdiction shall be raised not later than the submission of
the statement of defense.  However, a party is not precluded
from raising such a plea by the fact that he or she has
appointed, or participated in the appointment of, an arbitrator.

1297.163.   A plea that the arbitral tribunal is exceeding the scope
of its authority shall be raised as soon as the matter
alleged to be beyond the scope of its authority is raised during
the arbitral proceedings.

1297.164.   The arbitral tribunal may, in either of the cases
referred to in Sections 1297.162 and 1297.163, admit a later
plea if it considers the delay justified.

1297.165.   The arbitral tribunal may rule on a plea referred to in
Sections 1297.162 and 1297.163 either as a preliminary
question or in an award on the merits.

1297.166.   If the arbitral tribunal rules as a preliminary question
that it has jurisdiction, any party shall request the
superior court, within 30 days after having received notice of
that ruling, to decide the matter or shall be deemed to have
waived objection to such finding.

1297.167.   While a request under Section 1297.166 is pending, the
arbitral tribunal may continue with the arbitral proceedings
and make an arbitral award.

1297.17.  This title shall not affect any other law in force in
California by virtue of which certain disputes may not be
submitted to arbitration or may be submitted to arbitration only
in accordance with provisions other than those of this title.
Notwithstanding the foregoing, this title supersedes
Sections 1280 to 1284.2, inclusive, with respect to international
commercial arbitration and conciliation.

1297.171.   Unless otherwise agreed by the parties, the arbitral
tribunal may, at the request of a party, order a party to take
any interim measure of protection as the arbitral tribunal may
consider necessary in respect of the subject matter of the
dispute.

1297.172.   The arbitral tribunal may require a party to provide
appropriate security in connection with a measure ordered under
Section 1297.171.

1297.181.  The parties shall be treated with equality and each
party shall be given a full opportunity to present his or her
case.

1297.191.   Subject to this title, the parties may agree on the
procedure to be followed by the arbitral tribunal in conducting
the proceedings.

1297.192.   Failing any agreement referred to in
Section 1297.191, the arbitral tribunal may, subject to this title,
conduct the arbitration in the manner it considers appropriate.

1297.193.   The power of the arbitral tribunal under
Section 1297.192 includes the power to determine the admissibility,
relevance, materiality, and weight of  any evidence.

1297.201.   The parties may agree on the place of
arbitration. 

1297.202.   Failing any agreement referred to in Section 1297.201,
the place of arbitration shall be determined by the
arbitral tribunal having regard to the circumstances of the
case, including the convenience of the parties.

1297.203.   Notwithstanding Section 1297.201, the arbitral tribunal
may, unless otherwise agreed by the parties, meet at
any place it considers appropriate for consultation among its
members, for hearing witnesses, experts, or the parties, or for
inspection of documents, goods, or other property.


1297.21.  For the purposes of this title:

(a)    "Arbitral award" means any decision of the arbitral tribunal
on the substance of the dispute submitted to it and
includes an interim, interlocutory, or partial arbitral award.

(b)    "Arbitral tribunal" means a sole arbitrator or a panel of
arbitrators.

(c)    "Arbitration" means any arbitration whether or not
administered by a permanent arbitral institution.

(d)    "Conciliation" means any conciliation whether or not
administered by a permanent conciliation institution.

(e)    "Chief Justice" means the Chief Justice of California or his
or her designee.

(f)    "Court" means a body or an organ of the judicial system of a
state.

(g)    "Party" means a party to an arbitration or conciliation
agreement.

(h)    "Superior court" means the superior court in the  county in
this state selected pursuant to Section 1297.61.

(i)    "Supreme Court" means the Supreme Court of California.

1297.211.  Unless otherwise agreed by the parties, the arbitral
proceedings in respect of a particular dispute commence on the
date on which a request for that dispute to be referred to
arbitration is received by the respondent.

1297.22.  Where a provision of this title, except
Article 1 (commencing with Section 1297.281) of Chapter 6, leaves
the parties free to determine a certain issue, such freedom includes
the right of the parties to authorize a third party, including
an institution, to make that determination.

1297.221.   The parties may agree upon the language or languages to
be used in  the arbitral proceedings.

1297.222.   Failing any agreement referred to in Section 1297.221,
the arbitral tribunal shall determine the language or
languages to be used in the arbitral proceedings.

1297.223.   The agreement or determination, unless otherwise
specified, shall apply to any written statement by a party, any
hearing, and any arbitral award, decision, or other
communication by the arbitral tribunal.

1297.224.   The arbitral tribunal may order that any documentary
evidence shall be accompanied by a translation into the
language or languages agreed upon by the parties or determined
by the arbitral tribunal.

1297.23.  Where a provision of this title refers to the fact
that the parties have agreed or that they may agree, or in any
other way refers to an agreement of the parties, such agreement
shall be deemed to include any arbitration or conciliation rules
referred to in that agreement.

1297.231.   Within the period of time agreed upon by the parties or
determined  by the arbitral tribunal, the claimant shall
state the facts supporting his or her claim, the points at
issue, and the relief or remedy sought, and the respondent shall
state his or her defense in respect of these particulars,
unless the parties have otherwise agreed as to the required
elements of those statements.

1297.232.   The parties may submit with their statements all
documents they consider to be relevant or may add a reference to
the documents or other evidence they will submit.

1297.233.   Unless otherwise agreed by the parties, either party may
amend or supplement his or her claim or defense during the
course of the arbitral proceedings, unless the arbitral tribunal
considers it inappropriate to allow the amendment or supplement
having regard to the delay in making it.

1297.24.  Where this title, other than Article 8 (commencing
with Section 1297.  251) of Chapter 5, Article 5 (commencing
with Section 1297.321) of Chapter 6, or subdivision (a) of
Section 1297.322, refers to a claim, it also applies to a
counterclaim, and where it refers to a defense, it also applies
to a defense to that counterclaim.

1297.241.   Unless otherwise agreed by the parties, the arbitral
tribunal shall decide whether to hold oral hearings for the
presentation of evidence or for oral argument, or whether the
proceedings shall be conducted on the basis of documents and
other materials.

1297.242.   Unless the parties have agreed that no oral hearings
shall be held, the arbitral tribunal shall hold oral hearings
at an appropriate state of the proceedings, if so requested by a
party.

1297.243.   The parties shall be given sufficient advance notice of
any hearing and of any meeting of the arbitral tribunal for
the purpose of inspection of documents, goods, or other
property.

1297.244.   All statements, documents, or other information supplied
to, or applications made to, the arbitral tribunal by
one party shall be communicated to the other party, and any
expert report or evidentiary document on which the arbitral
tribunal may rely in making its decision shall be communicated
to the parties.

1297.245.   Unless otherwise agreed by the parties, all oral hearings
and meetings in arbitral proceedings shall be held in
camera.

1297.251.   Unless otherwise agreed by the parties, where, without
showing sufficient cause, the claimant fails to
communicate his or her statement of claim in accordance with
Sections 1297.231 and 1297.232, the arbitral tribunal shall
terminate the proceedings.

1297.252.   Unless otherwise agreed by the parties, where, without
showing sufficient cause, the respondent fails to
communicate his or her statement of defense in accordance with
Sections 1297.231 and 1297.232, the arbitral tribunal shall
continue the proceedings without treating that failure in itself
as an admission of the claimant's allegations.

1297.253.   Unless otherwise agreed by the parties, where, without
showing sufficient cause, a party fails to appear at an
oral hearing or to produce documentary evidence, the arbitral
tribunal may continue with the proceedings and make the arbitral
award on the evidence before it.

1297.261.   Unless otherwise agreed by the parties, the arbitral
tribunal may appoint one or more experts to report to it on
specific issues to be determined by the arbitral tribunal, and
require a party to give the expert any relevant information or
to produce, or to provide access to, any relevant documents,
goods, or other property for his or her inspection.

1297.262.   Unless otherwise agreed by the parties, if a party
so requests or if the arbitral tribunal considers it
necessary, the expert shall, after delivery of his or her written or oral
report, participate in an oral hearing where the  parties have
the opportunity to question the expert and to present expert
witnesses on the points at issue.

1297.271.   The arbitral tribunal, or a party with the
approval of the arbitral tribunal, may request from the
superior court assistance in taking evidence and the court may execute the
request within its competence and according to its rules on
taking evidence.  In addition, a subpoena may issue as provided
in Section 1282.6, in which case the witness compensation
provisions of Section 1283.2 shall apply.

1297.272.   Where the parties to two or more arbitration
agreements have agreed, in their respective arbitration
agreements or otherwise, to consolidate the arbitrations arising
out of those arbitration agreements, the superior court may,
on application by one party with the consent of all the other
parties to those arbitration agreements, do one or more of the
following:

(a)    Order the arbitrations to be consolidated on terms
the court considers just and necessary.

(b)    Where all the parties cannot agree on an arbitral
tribunal for the consolidated arbitration, appoint an
arbitral tribunal in accordance with Section 1297.118.

(c)    Where all the parties cannot agree on any other
matter necessary to conduct the consolidated arbitration,
make any other order it considers necessary.

1297.273.   Nothing in this article shall be construed to prevent the
parties to two or more arbitrations from agreeing to
consolidate those arbitrations and taking any steps that are
necessary to effect that consolidation.

1297.281.   The arbitral tribunal shall decide the dispute in
accordance with the rules of law designated by the parties as
applicable to the substance of the dispute.

1297.282.   Any designation by the parties of the law or legal
system of a given state shall be construed, unless otherwise
expressed, as directly referring to the substantive law of that
state and not to its conflict of laws rules.

1297.283.   Failing any designation of the law under
Section 1297.282 by the parties, the arbitral tribunal shall apply
the rules of law it considers to be appropriate given all the
circumstances surrounding the dispute.

1297.284.   The arbitral tribunal shall decide ex aequo et bono or
as amiable compositeur, if the parties have expressly
authorized it to do so.

1297.285.   In all cases, the arbitral tribunal shall decide in
accordance with the terms of the contract and shall take into
account the usages of the trade applicable to the transaction.

1297.291.  Unless otherwise agreed by the parties, in arbitral
proceedings with more than one arbitrator, any decision of the
arbitral tribunal shall be made  by a majority of all of its
members.

Notwithstanding this section, if authorized by the parties or
all the members of the arbitral tribunal, questions of
procedure may be decided by a presiding arbitrator.

1297.301.   It is not incompatible with an arbitration agreement for
an arbitral tribunal to encourage settlement of the dispute
and, with the agreement of the parties, the arbitral tribunal
may use mediation, conciliation, or other procedures at any time
during the arbitral proceedings to encourage settlement.

1297.302.   If, during arbitral proceedings, the parties settle the
dispute, the arbitral tribunal shall terminate the
proceedings and, if requested by the parties and not objected to
by the arbitral tribunal, record the settlement in the form of
an arbitral award on agreed terms.

1297.303.   An arbitral award on agreed terms shall be made in
accordance with Article 4 (commencing with Section 1297.311) of
this chapter and shall state that it is an arbitral award.

1297.304.   An arbitral award on agreed terms has the same status and
effect as any other arbitral award on the substance
of the dispute.

1297.31.  Unless otherwise agreed by the parties, any written
communication is deemed to have been received if it is delivered
to the addressee personally or  if it is delivered at his place
of business, habitual residence, or mailing address, and the
communication is deemed to have been received on the day it is
so delivered.

1297.311.  An arbitral award shall be made in writing and shall
be signed by the members of the arbitral tribunal.

1297.312.   For the purposes of Section 1297.311, in arbitral
proceedings with more than one arbitrator, the signatures of the
majority of all the members of the arbitral tribunal shall be
sufficient so long as the reason for any omitted signature is
stated.

1297.313.   The arbitral award shall state the reasons upon which it
is based, unless the parties have agreed that no
reasons are to be given, or the award is an arbitral award on
agreed terms under Article 3 (commencing with Section 1297.301)
of this chapter.

1297.314.   The arbitral award shall state its date and the place of
arbitration as determined in accordance with Article 3 (commencing
with Section 1297.201) of Chapter 5 and the award
shall be deemed to have been made at that place.

1297.315.   After the arbitral award is made, a signed copy shall be
delivered  to each party.

1297.316.   The arbitral tribunal may, at any time during the
arbitral proceedings, make an interim arbitral award on any
matter with respect to which it may make a final arbitral award.
The interim award may be enforced in the same manner as a
final arbitral award.

1297.317.   Unless otherwise agreed by the parties, the arbitral
tribunal may award interest.

1297.318.   (a) Unless otherwise agreed by the parties, the costs of
an arbitration shall be at the discretion of the
arbitral tribunal.

(b) In making an order for costs, the arbitral tribunal may
include as costs any of the following:

(1)    The fees and expenses of the arbitrators and expert
witnesses.

(2)    Legal fees and expenses.

(3)    Any administration fees of the institution supervising the
arbitration, if any.

(4)    Any other expenses incurred in connection with the arbitral
proceedings.

(c)    In making an order for costs, the arbitral tribunal may
specify any of the following:

(1)    The party entitled to costs.

(2)    The party who shall pay the costs.

(3)    The amount of costs or method of determining that
amount.

(4)    The manner in which the costs shall be paid.

1297.32.  If none of the places referred to in Section 1297.31
can be found after making a reasonable inquiry, a written
communication is deemed to have been received if it is sent to
the addressee's last known place of business, habitual
residence, or mailing address by registered mail or by any other
means which provides a record of the attempt to deliver it.

1297.321.  The arbitral proceedings are terminated by the final
arbitral award or by an order of the arbitral tribunal under
Section 1297.322.  The award shall be final upon the expiration
of the applicable periods in Article 6 (commencing with
Section 1297.331) of this chapter.

1297.322.   The arbitral tribunal shall issue an order for the
termination of the arbitral proceedings where any of the
following occurs:

(a)    The claimant withdraws his or her claim, unless the
respondent objects to the order and the arbitral tribunal
recognizes a legitimate interest on the respondent's part in
obtaining a final settlement of the dispute.

(b)    The parties agree on the termination of the proceedings.

(c)    The arbitral tribunal finds that the continuation of the
proceedings has for any other reason become unnecessary or
impossible.

1297.323.   Subject to Article 6 (commencing with
Section 1297.331) of this chapter, the mandate of the arbitral
tribunal terminates with the termination of the arbitral proceedings.

1297.33.  This article does not apply to written communications
in respect of court proceedings.

1297.331.   Within 30 days after receipt of the arbitral award,
unless another period of time has been agreed upon by the
parties:

(a)    A party may request the arbitral tribunal to correct in the
arbitral award any computation errors, any clerical or
typographical errors, or any other errors of a similar nature.

(b)    A party may, if agreed by the parties, request the arbitral
tribunal to give an interpretation of a specific point
or part of the arbitral award.

1297.332.   If the arbitral tribunal considers any request made under
Section 1297.331 to be justified, it shall make the
correction or give the interpretation within 30 days after
receipt of the request and the interpretation shall form part of
the arbitral award.

1297.333.   The arbitral tribunal may correct any error of the type
referred to in subdivision (a) of Section 1297.331, on its
own initiative, within 30 days after the date of the arbitral
award.

1297.334.   Unless otherwise agreed by the parties, a party may
request, within 30 days after receipt of the arbitral award, the
arbitral tribunal to make an additional arbitral award as to
the claims presented in the arbitral proceedings but omitted
from the arbitral award.

1297.335.   If the arbitral tribunal considers any request made under
Section 1297.334 to be justified, it shall make the
additional arbitral award within 60 days after receipt of the
request.

1297.336.   The arbitral tribunal may extend, if necessary, the
period of time within which it shall make a correction, give an
interpretation, or make an additional arbitral award under
Section 1297.331 or 1297.334.

1297.337.   Article 4 (commencing with Section 1297.311) of this
chapter applies to a correction or interpretation of the
arbitral award or to an additional arbitral award made under
this section.

1297.341.   It is the policy of the State of California to
encourage parties to an international commercial agreement or
transaction which qualifies for arbitration or conciliation
pursuant to Section 1297.13, to resolve disputes arising from
such agreements or transactions through conciliation.  The
parties may select or permit an arbitral tribunal or other third
party to select one or more persons to serve as the conciliator
or conciliators who shall assist the parties in an independent
and impartial manner in their attempt to reach an amicable
settlement of their dispute.

1297.342.   The conciliator or conciliators shall be guided by
principles of objectivity, fairness, and justice, giving
consideration to, among other things, the rights and obligations
of the parties, the usages of the trade concerned and the
circumstances surrounding the dispute, including any previous
practices between the parties.

1297.343.   The conciliator or conciliators may conduct the
conciliation proceedings in such a manner as they consider
appropriate, taking into account the circumstances of the case,
the wishes of the parties, and the desirability of a speedy
settlement of the dispute.  Except as otherwise provided in this
title, other provisions of this code, the Evidence Code, or the
California Rules of Court, shall not apply to conciliation
proceedings brought under this title.

1297.351.  The parties may appear in person or be represented
or assisted by any person of their choice.  A person assisting
or representing a party need not be a member of the legal
profession or licensed to practice law in California.

1297.361.   At any time during the proceedings, the conciliator or
conciliators may prepare a draft conciliation settlement
which may include the assessment and apportionment of costs
between the parties, and send copies to the parties, specifying
the time within which they must signify their approval.

1297.362.   No party may be required to accept any settlement
proposed by the conciliator or conciliators.

1297.371.  When persons agree to participate in conciliation
under this title:

(a)    Evidence of anything said or of any admission made in the
course of the conciliation is not admissible in evidence, and
disclosure of any such evidence shall not be compelled, in any
civil action in which, pursuant to law, testimony may be
compelled to be given.  However, this subdivision does not limit
the admissibility of evidence if all parties participating in
conciliation consent to its disclosure.

(b)    In the event that any such evidence is offered in
contravention of this section, the arbitration tribunal or the
court shall make any order which it considers to be appropriate
to deal with the matter, including, without limitation, orders
restricting the introduction of evidence, or dismissing the case
without prejudice.

(c)    Unless the document otherwise provides, no document prepared
for the purpose of, or in the course of, or pursuant
to, the conciliation, or any copy thereof, is admissible in
evidence, and disclosure of any such document shall not be
compelled, in any arbitration or civil action in which, pursuant
to law, testimony may be compelled to be given.

1297.381.   The agreement of the parties to submit a dispute to
conciliation shall be deemed an agreement between or among those
parties to stay all judicial or arbitral proceedings from the
commencement of conciliation until the termination of
conciliation proceedings.

1297.382.   All applicable limitation periods including periods of
prescription shall be tolled or extended upon the
commencement of conciliation proceedings to conciliate a dispute
under this title and all limitation periods shall remain tolled
and periods of prescription extended as to all parties to the
conciliation proceedings until the 10thth day following the
termination of conciliation proceedings.  For purposes of this
article, conciliation proceedings are deemed to have commenced
as soon as (a) a party has requested conciliation of a
particular dispute or disputes, and (b) the other party or
parties agree to participate in the conciliation proceeding.

1297.391.   The conciliation proceedings may be terminated as to
all parties by any of the following:

(a)    A written declaration of the conciliator or conciliators,
after consultation with the parties, to the effect that
further efforts at conciliation are no longer justified, on the date of
the declaration.

(b)    A written declaration of the parties addressed to the
conciliator or conciliators to the effect that the
conciliation proceedings are terminated, on the date of the declaration.

(c)    The signing of a settlement agreement by all of the
parties, on the date of the agreement.

1297.392.   The conciliation proceedings may be terminated as to
particular parties by either of the following:

(a)    A written declaration of a party to the other party and the
conciliator or conciliators, if appointed, to the effect
that the conciliation proceedings shall be terminated as to that
particular party, on the date of the declaration.

(b)    The signing of a settlement agreement by some of the
parties, on the date of the agreement.

1297.393.   No person who has served as conciliator may be appointed
as an arbitrator for, or take part in any arbitral or
judicial proceedings in, the same dispute unless all parties
manifest their consent to such participation or the rules
adopted for conciliation or arbitration otherwise provide.

1297.394.   By submitting to conciliation, no party shall be deemed
to have waived any rights or remedies which that party
would have had if conciliation had not been initiated, other
than those set forth in any settlement agreement which results
from the conciliation.

1297.401.  If the conciliation succeeds in settling the
dispute, and the result of the conciliation is reduced to
writing and signed by the conciliator or conciliators and the
parties or their representatives, the written agreement shall
be treated as an arbitral award rendered by an arbitral tribunal
duly constituted in and pursuant to the laws of this state, and
shall have the same force and effect as a final award in
arbitration.

1297.41.  A party who knows that any provision of this title,
or any requirement under the arbitration agreement, has not been
complied with and yet proceeds with the arbitration without
stating his or her objection to noncompliance without undue
delay or, if a time limit is provided for stating that
objection, within that period of time, shall be deemed to have
waived his right to object.

1297.411.   Upon termination of the conciliation proceedings, the
conciliator shall fix the costs of the conciliation and give
written notice thereof to the parties.  As used in this
article, "costs" includes only the following:

(a)    A reasonable fee to be paid to the conciliator or
conciliators.

(b)    The travel and other reasonable expenses of the conciliator
or conciliators.

(c)    The travel and other reasonable expenses of witnesses
requested by the conciliator or conciliators with the consent of
the parties.

(d)    The cost of any expert advice requested by the conciliator
or conciliators with the consent of the parties.

(e)    The cost of any court.

1297.412.   These costs shall be borne equally by the parties unless
the settlement agreement provides for a different
apportionment.  All other expenses incurred by a party shall be
borne by that party.

1297.42.  For purposes of Section 1297.41, "any provision of
this title" means any provision of this title in respect of
which the parties may otherwise agree.

1297.421.  Neither the request for conciliation, the consent to
participate in the conciliation proceedings, the participation
in such proceedings, nor the entering into a conciliation
agreement or settlement shall be deemed as consent to the
jurisdiction of any court in this state in the event
conciliation fails.

1297.431.   Neither the conciliator or conciliators, the parties, nor
their representatives shall be subject to service
of process on any civil matter while they are present in this
state for the purpose of arranging for or participating in
conciliation pursuant to this title.

1297.432.   No person who serves as a conciliator shall be held
liable in an action for damages resulting from any act or
omission in the performance of his or her role as a conciliator
in any proceeding subject to this title.

1297.51.  In matters governed by this title, no court shall
intervene except where so provided in this title, or applicable
federal law.

1297.61.  The functions referred to in Sections 1297.114, 1297.115,
and 1297.116, 1297.134, 1297.135, 1297.136, 1297.165, 1297.166,
and 1297.167 shall be performed by the superior court
of the county in which the place of arbitration is located.

The functions referred to in Section 1297.81 shall be performed
by the superior court selected pursuant to Article 2 (commencing
with Section 1292) of Chapter 5 of Title 9.

1297.71.    An "arbitration agreement" is an agreement by the parties
to submit to arbitration all or certain disputes which
have arisen or which may arise between them in respect of a
defined legal relationship, whether contractual or not.  An
arbitration agreement may be in the form of an arbitration
clause in a contract or in the form of a separate agreement.

1297.72.    An arbitration agreement shall be in writing.  An
agreement is in writing if it is contained in a document signed
by the parties or in an exchange of letters, telex, telegrams,
or other means of telecommunication which provide a record of
this agreement, or in an exchange of statements of claim and
defense in which the existence of an agreement is alleged by one
party and not denied by another.  The reference in a contract
to a document containing an arbitration clause constitutes an
arbitration agreement provided that the contract is in writing
and the reference is such as to make that clause part of the
contract.

1297.81.    When a party to an international commercial arbitration
agreement as defined in this title commences
judicial proceedings seeking relief with respect to a matter
covered by the agreement to arbitrate, any other party to the
agreement may apply to the superior court for an order to stay
the proceedings and to compel arbitration.

1297.82.    A timely request for a stay of judicial proceedings
made under Section 1297.81 shall be granted.

1297.91.    It is not incompatible with an arbitration agreement for
a party to request from a superior court, before or during
arbitral proceedings, an interim measure of protection, or for
the court to grant such a measure.

1297.92.    Any party to an arbitration governed by this title may
request from the superior court enforcement of an award of
an arbitral tribunal to take any interim measure of protection
of an arbitral tribunal pursuant to Article 2 (commencing with
Section 1297.171) of Chapter 4.  Enforcement shall be granted
pursuant to the law applicable to the granting of the type of
interim relief requested.

1297.93.    Measures which the court may grant in connection with a
pending arbitration include, but are not limited to:

(a)    An order of attachment issued to assure that the award to
which applicant may be entitled is not rendered ineffectual by
the dissipation of party assets.

(b)    A preliminary injunction granted in order to protect trade
secrets or to conserve goods which are the subject matter
of the arbitral dispute.

1297.94.    In considering a request for interim relief, the court
shall give preclusive effect to any and all findings of
fact of the arbitral tribunal including the probable validity of
the claim which is the subject of the award for interim relief
and which the arbitral tribunal has previously granted in the
proceeding in question, provided that such interim award is
consistent with public policy.

1297.95.    Where the arbitral tribunal has not ruled on an objection
to its jurisdiction, the court shall not grant
preclusive effect to the tribunal's findings until the court has
made an independent finding as to the jurisdiction of the
arbitral tribunal.  If the court rules that the arbitral
tribunal did not have jurisdiction, the application for interim
measures of relief shall be denied. Such a ruling by the court
that the arbitral tribunal lacks jurisdiction is not binding on
the arbitral tribunal or subsequent judicial proceeding.

1298.  (a) Whenever any contract to convey real property, or
contemplated to convey real property in the future, including
marketing contracts, deposit receipts, real property sales
contracts as defined in Section 2985 of the Civil Code, leases
together with options to purchase, or ground leases coupled with
improvements, but not including powers of sale contained in
deeds of trust or mortgages, contains a provision for binding
arbitration of any dispute between the principals in the
transaction, the contract shall have that provision clearly
titled "ARBITRATION OF  DISPUTES."

If a provision for binding arbitration is included in a
printed contract, it shall be set out in at least 8-point bold
type or in contrasting red in at least 8-point type, and if the
provision is included in a typed contract, it shall be set out
in capital letters.

(b)    Whenever any contract or agreement between principals and
agents in real property sales transactions, including listing
agreements, as defined in Section 1086 of the Civil Code,
contains a provision requiring binding arbitration of any
dispute between the principals and agents in the transaction,
the contract or agreement shall have that provision clearly
titled "ARBITRATION OF DISPUTES."

If a provision for binding arbitration is included in a
printed contract, it shall be set out in at least 8-point bold
type or in contrasting red in at least 8-point type, and if
the provision is included in a typed contract, it shall be set out
in capital letters.

(c)    Immediately before the line or space provided for the
parties to indicate their assent or nonassent to the arbitration
provision described in subdivision  (a) or (b), and immediately
following that arbitration provision, the following shall
appear:

"NOTICE:  BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL.  BY INITIALLING IN THE SPACE BELOW YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
DISPUTES' PROVISION.  IF YOU REFUSE TO SUBMIT TO ARBITRATION
AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE.  YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY."

"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO
SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."

If the above provision is included in a printed contract, it
shall be set out either in at least 10-point bold type or in
contrasting red print in at least 8-point bold type, and if the
provision is included in a typed contract, it shall be set out
in capital letters.

(d)    Nothing in this section shall be construed to diminish the
authority of any court of competent jurisdiction with
respect to real property transactions in  areas involving court
supervision or jurisdiction, including, but not limited to,
probate, marital dissolution, foreclosure of liens, unlawful
detainer, or eminent domain.

(e)    In the event an arbitration provision is contained in an
escrow instruction, it shall not preclude the right of an
escrowholder to institute an interpleader action.

1298.5.  Any party to an action who proceeds to record a notice
of pending action pursuant to Section 409 shall not thereby
waive any right of arbitration which that person may have
pursuant to a written agreement to arbitrate, nor any right to
petition the court to compel arbitration pursuant to
Section 1281.2, if, in filing an action to record that notice, the party
at the same time presents to the court an application that the
action be stayed pending the arbitration of any dispute which is
claimed to be arbitrable and which is relevant to the action.

1298.7.In the event an arbitration provision is included in a
contract or agreement covered by this title, it shall not
preclude or limit any right of action for bodily injury or
wrongful death, or any right of action to which Section 337.1
or 337.15 is applicable.

1298.8.This title shall become operative on July 1, 1989, and shall
only apply to contracts or agreements entered into on or
after that date.

1300.  For the purposes of this title, the following definitions
shall apply:

(a)    "Property," unless specifically qualified, includes all
classes of property, real, personal and mixed.

(b)    "Unclaimed property," unless specifically qualified,
means all property (1) which is unclaimed, abandoned,
escheated,
permanently escheated, or distributed to the state, or (2)
which, under any provision of law, will become unclaimed,
abandoned, escheated, permanently escheated, or distributed to
the state, or (3) to the possession of which the state is or
will become entitled, if not claimed by the person or persons
entitled thereto within the time allowed by law, whether or not
there has been a judicial determination that such property is
unclaimed, abandoned, escheated, permanently escheated, or
distributed to the state.

(c)    "Escheat," unless specifically qualified, means the
vesting in the state of title to property the whereabouts of
whose owner is unknown or whose owner is unknown or which a
known owner has refused to accept, whether by judicial
determination or by operation of law, subject to the right of
claimants to appear and claim the escheated property or any
portion thereof.  When used in reference to the law of another
state, "escheat" includes the transfer to the state of the right
to the custody of such property.

(d)    "Permanent escheat" means the absolute vesting in the
state of title to property the whereabouts of whose owner is
unknown or whose owner is unknown or which a known owner has
refused to accept, pursuant to judicial determination, pursuant
to a proceeding of escheat as provided by Chapter 5 (commencing
with Section 1410) of this title, or pursuant to operation of
law, and the barring of all claims to the property by the former
owner thereof or his successors.

(e)    "Controller" means the State Controller.

(f)    "Treasurer" means the State Treasurer.

(g)    "Domicile," in the case of a corporation, refers to the
place where the corporation is incorporated.

1301.  For the purposes of this title, unless otherwise specified,

(1)  a reference to a section refers to a section of
this code; (2) a reference to an article refers to an article of
the chapter of this title in which such reference is made; and

(3)    a reference to a chapter refers to a chapter of this title.

1305.  It is the purpose of this title to provide for the
receipt, custody, investment, management, disposal, escheat
and permanent escheat of various classes of unclaimed property, to
the possession of which the State is, or may become, entitled
under the provisions of this title or under other provision of
law.

1306.  The provisions of this title do not apply to money or
other property held by the State or any officer thereof as
trustee or bailee under the terms of an express contract to
which the State or any officer thereof is a party.

1310.  Whenever, under the provisions of this title or under
any other provision of law, unclaimed money or other unclaimed
property is payable into the State Treasury, the person
responsible for making such payment shall, if it is cash,
transmit it to the Treasurer, and if it is personal property
other than cash, transmit it to the Controller for deposit in
the State Treasury.

1311.  Any person transmitting money or other property to the
Treasurer or Controller under the provisions of this title
shall, at the time of such transmittal, furnish written notice
thereof to the Controller, setting forth the amount of cash
transmitted, the nature and description of the personal property
other than cash transmitted, the name and last known address of
the person entitled to such property or for whose benefit such
property is transmitted, a reference to the specific statutory
provision under which such property is transmitted, and if such
property represents the proceeds of an estate of a decedent, or
an unclaimed amount payable pursuant to an allowed and approved
claim against such an estate, the name of the decedent, the
county and court in which probate or escheat proceedings, if
any, were held, the number of the action, if any; and, in the
case of all classes of property so transmitted, such other
identifying information available from the records of the person
making such transmittal, as the Controller may require.

1312.  Whenever money or other property is paid to the State or any
officer or employee thereof under the provisions of this
title, and such money or other property has been covered by a
decree of distribution in a decedent's estate, or by an order or
decree of a court ordering such payment or adjudging that title
to such property has vested in the State, the person
transmitting such money or other property to the Treasurer or
Controller shall, at the time of such transmittal, furnish to
the Controller a certified copy of each court order or decree,
and of each court order correcting or amending the same,
covering such money or other property.

1313.  A fund is hereby created in the State Treasury, to be known as
the Unclaimed Property Fund.

All money, except permanently escheated money, paid to the
state or any officer or employee thereof for deposit in the
State Treasury under the provisions of this title shall, on
order of the Controller, be deposited in the Unclaimed Property
Fund.

All property other than money, including the proceeds from
the sale or other disposition thereof, except permanently
escheated property received by, or coming into the possession
of, the state or any officer or employee thereof under the
provisions of this title shall, on order of the Controller, be
deposited in the State Treasury to be held in the Unclaimed
Property Fund.

1314.  The Controller shall maintain a separate account in the
Unclaimed Property Fund covering the accountability for money
deposited in the Unclaimed Property Fund under each article of
Chapter 6.  All real and personal property distributed to the
State or delivered into the possession of the State or any
officer or employee thereof under the provisions of this title,
shall be accounted for by the Controller in the name of the
account in the Unclaimed Property Fund to which the proceeds
thereof, if converted into cash, would be credited under the
provisions of this title.  All personal property deposited in
the State Treasury under the provisions of this title shall be
held by the Treasurer in the name of the same account in the
Unclaimed Property Fund for which such property is accounted by
the Controller, as herein provided.

1315.  If unclaimed money or other property in an estate of a
deceased person, or if any unclaimed amount payable pursuant to
an allowed and approved claim against such an estate, is
received by the State or any officer or employee thereof and
deposited in the State Treasury under the provisions of this
title, it shall be recorded on the books of the Controller to
the credit, or in the name, of such estate, for the benefit of
the person entitled thereto or his successors in interest.

1316.  If unclaimed money or other property is received by the
State or any officer or employee thereof and deposited in the
State Treasury under the provisions of this title for the
benefit of known heirs, devisees, legatees or creditors of an
estate of a deceased person, or for the benefit of known
claimants, payees, or other persons entitled thereto, it shall
be recorded on the books of the Controller to the credit, or in
the name, of such heirs, devisees, legatees, creditors,
claimants, payees, or other persons entitled thereto.

1317.  The amount of each canceled warrant credited to the
Unclaimed Property Fund under the provisions of Section 17072 of
the Government Code shall, on order of the Controller, be
transferred to the General Fund.

1318.  All interest received and other income derived from the
investment of moneys in the Unclaimed Property Fund, as provided
in Section 13470 of the Government Code, shall, on order of the
Controller, be deposited in the General Fund.

1319.  Except as otherwise provided in Section 1318, all rents,
interest, dividends or other income or increment derived from
real or personal property received and held by the State in the
name of the Unclaimed Property Fund under the provisions of this
title shall, on order of the Controller, be deposited in the
Unclaimed Property Fund, and shall be credited by the Controller
to the account maintained by him, in the name of which such
property is accounted, as provided in Chapter 2.  Any moneys
deposited in the Unclaimed Property Fund under the provisions of
this section shall be held for the benefit of the person or
persons entitled to the property from which such moneys were
derived, or their successors in interest; and shall be subject
to claim in the same manner as such property may be claimed; but
the period in which such moneys shall be available for claim by
and payment to the person or persons entitled thereto shall not
extend beyond the period in which the property from which such
moneys were derived is available for claim and payment under the
provisions of this title.

1320.  Except as otherwise provided in Section 1318, all rents,
interest, dividends or other income or increment derived from
real or personal property that has permanently escheated to the
state, shall, on order of the Controller, be deposited in the
General Fund.

All moneys deposited in the General Fund under the provisions
of this section shall be deemed to have permanently escheated
to the state as of the date of permanent escheat of the property
from which such moneys were derived.

1321.  Any person delivering money or other property to the
Treasurer or Controller under the provisions of this title
shall, upon such delivery, be relieved and held harmless by the
State from all or any claim or claims which exist at that time
with reference to such money or other property, or which may
thereafter be made, or which may come into existence, on account
of, or in respect to, such money or other property.
No action shall be maintained against any person who is the
holder of such money or other property, nor against any officer
as agent thereof, for:

(a)    The recovery of such money or other property delivered to
the Treasurer or Controller pursuant to this title, or for
interest thereon subsequent to the date of the report thereof,
if any, to the Controller; or

(b)    Damages alleged to have resulted from such delivery to the
Treasurer or Controller.

No owner of money or other property shall be entitled to
receive interest thereon or with respect thereto from and after
the date on which a report of such money or other property is
made to the Controller pursuant to any provision of this title,
whether or not he was entitled to such interest prior to such
report.

As used in this section, "person" and "holder" have the
respective meanings set forth in Section 1461 of this code.

1325.  Notwithstanding Section 13340 of the Government Code, all
money in the Unclaimed Property Fund is hereby continuously
appropriated to the Controller, without regard to fiscal years,
for expenditure for any of the following purposes:

(a)    For refund, to the person making such deposit, of amounts,
including overpayments, deposited in error in such
fund.

(b)    For payment of the cost of title searches and appraisals
incurred by the Controller covering real or personal property
held in the name of an account in such fund.

(c)    For payment of the cost incurred by the Controller covering
indemnity bonds required in order to have duplicate
certificates of ownership issued in order to replace lost
certificates, covering personal property held in the name of an
account in such fund.

(d)    For payment of amounts required to be paid by the state as
trustee, bailee, or successor in interest to the preceding
owner, pursuant to the provisions of trust deeds, mortgages, or
other liens on real property held in the name of an account in
such fund.

(e)    For payment of costs incurred by the Controller for the
repair, maintenance and upkeep of real and personal property
held in the name of an account in such fund.

(f)    For payment of costs of official advertising in connection
with the sale of real or personal property held in
the name of an account in such fund.

(g)    For payment to taxing agencies of the amounts deducted by
the Controller from allowed and approved claims, in accordance
with the provisions of subdivision c of Section 4986.5 of the
Revenue and Taxation Code.

(h)    For transfer to the Inheritance Tax Fund, on order of the
Controller, of the amount of any inheritance taxes determined
to be due and payable to the state by any claimant, with respect
to any real or personal property, including cash, claimed by
that person under the provisions of this title.

(i)    For payment and delivery to claimants of money or other
property held to the credit, or in the name, of an account in
such fund, under the provisions of this title.

(j)    For transfer to the General Fund, on order of the
Controller, of any money or other property in the Unclaimed
Property Fund which becomes permanently escheated to the state
under the provisions of this title.

Any expenditure made by the Controller pursuant to the
provisions of this section shall be charged against any balance
credited to the particular account in the Unclaimed Property
Fund, in the name of which is held the real or personal property
for which the expenditure is made; and if sufficient balance is
not available in such account, the expenditure may be made from
any appropriation from the General Fund for the support of the
Controller, or, in the case of official advertising, from any
appropriation available therefor, to be reimbursed from the
proceeds of any subsequent sale of the property for which such
expenditure is made.

1326.  Any obligation incurred or expenditure made by the
Controller pursuant to subdivisions (b) to (e), inclusive, of
Section 1325, which is in excess of two hundred dollars ($200),
shall be subject to the approval of the State Board of Control
prior to incurring such obligation.

1335.  When payment or delivery of money or other property has
been made to any claimant under the provisions of this chapter,
no suit shall thereafter be maintained by any other claimant
against the State or any officer thereof for or on account of
such property.

1345.  Whenever any person has erroneously delivered any unclaimed
money or other unclaimed property to the State or any
officer or employee thereof, and such money or other property is
deposited in the Unclaimed Property Fund or is held by the
Controller or Treasurer in the name of any account in such fund
pursuant to the provisions of this title, such money or other
property delivered in error may be refunded or returned to such
person on order of the Controller, with the approval of the
State Board of Control.

1346.  Whenever any person has erroneously delivered any unclaimed
money or other unclaimed property to the state or any
officer or employee thereof, and such money or other property is
deposited in, or transferred to, the General Fund, or is held
by the Controller or Treasurer in the name of such fund,
pursuant to the provisions of this title, such money or other
property delivered in error, if cash, shall on order of the
Controller, be transferred from the General Fund to the
Unclaimed Property Fund, and, if other than cash, the records of
the Controller and Treasurer shall be adjusted to show that it
is held in the name of the proper account in the Unclaimed
Property Fund; and any such money or other property may be
refunded or returned to such person on order of the Controller,
with the approval of the State Board of Control.

1347.  Whenever money deposited in the Unclaimed Property Fund is
transferred to the General Fund under the provisions of this
title, and whenever the records of the Controller and Treasurer
covering property other than money held in the name of any
account in the Unclaimed Property Fund are adjusted to record
such property as held in the name of the General Fund, as
permanently escheated property under the provisions of this
title, if it is subsequently determined that such money or other
property is not, in fact, permanently escheated, such money or
other property, if cash, shall, on order of the Controller, be
retransferred from the General Fund to the Unclaimed Property
Fund; and, if the property is other than money, the records of
the Controller and Treasurer shall be adjusted to show that it
is held in the name and for the benefit of the proper account in
the Unclaimed Property Fund.

1350.  Unless otherwise provided in this title, all money or other
property deposited in the State Treasury under the
provisions of this title may be claimed by the person entitled
thereto at any time prior to the date on which such money or
other property has become permanently escheated, as provided by
this title.

1351.  Unless otherwise provided in this title, all money or other
property deposited in the State Treasury under the
provisions of this title, if not claimed by the person entitled
thereto within five years from the date of such deposit, shall
become the property of the State by escheat; and upon request by
the Controller, the Attorney General shall commence a
proceeding under the provisions of Section 1410, or, in lieu of
such proceeding, the Controller may take action as provided by
Article 2 of Chapter 5, to have it adjudged, determined or
established that the title to such money or other property has
vested in the State.

1352.  (a) Whenever unclaimed money or other property is deposited
in the State Treasury under this title, and, except as
otherwise provided by law, whenever there is in the possession
of the state or its officers any money or other property which
is held for third persons or the title to which has vested in
the state subject to the rights of third persons, and the period
during which it may be claimed by a person entitled thereto has
not terminated, the period and person being prescribed by law,
if the value of the money or other property to which the
claimant is entitled is less than sixty thousand dollars ($60,000),
any such person may present his  or her claim for it
to the Controller.

The claim shall be made in the form prescribed by the
Controller, which shall set forth the information required by
Section 1355 or any other information that the Controller may
deem necessary to establish right or title to the money or other
property in the claimant.

(b) Property assigned or distributed to a name distributee
may be claimed by the distributee himself or herself or his or
her legal guardian or conservator, as provided in subdivision

(a)    regardless of the amount.  This subdivision does not
apply to the heirs or estate of a distributee, or to property
distributed to the state for lack of known heirs.

(c)    Any person aggrieved by a decision of the Controller
may commence an action, naming the Controller as a
defendant, to establish his or her claim in the superior court in
any county or city and county in which the Attorney General has
an office pursuant to Section 1541.

1353.  Except as otherwise provided in Sections 401 or 1352, whenever
money or other property is deposited in the State
Treasury under the provisions of this title, and, except as
otherwise provided by law, when there is in the possession of
the State or its officers any money or other property which is
to be held for third persons or the title to which has vested in
the State subject to the rights of third persons, the Superior
Court of the County of Sacramento shall have full and exclusive
jurisdiction to determine the title to such money or other
property and all claims thereto.

If the period in which such money or other property may be
claimed by a person entitled thereto has not terminated, such
period and person being prescribed by law, any such person may
file a petition in the Superior Court of the County of
Sacramento, or as provided in Section 401, showing his claim or
right to the money or other property or the proceeds thereof, or
any portion thereof.

The petition shall be verified, and, among other things,
must, insofar as they are applicable or material to the matters
at issue, state the facts required to be stated in a petition
filed under Section 1355.  If the money or other property at
issue did not come into the possession of the State or its
officers in connection with estates of deceased persons, the
petition shall, in addition to the foregoing facts, state any
material facts necessary to establish a prima facie right or
title in the petitioner.  Upon the filing of the petition, the
same proceedings shall be had as are required in Section 1355.
If, upon trial of the issues, the court is satisfied of the
claimant's right or title to the money or other property
claimed, it shall grant him a certificate to that effect under
its seal.  Upon presentation of such certificate, the Controller
shall draw his warrant on the Treasurer for the amount of money
covered thereby; and if the certificate covers any property
other than money, a certified copy of the certificate filed with
the officer of the State having possession of the property
shall serve as sufficient authority to the officer for the
delivery of such property to the claimant.

1354.  Whenever any claim is made or petition filed by the
representative of an estate or other person, under the
provisions of this chapter, or under any other provision of law,
to recover money or other property deposited in the State
Treasury or held by the State or any officer thereof to the
credit, or in the name, of any account in the Unclaimed Property
Fund, no recovery will be allowed unless it affirmatively
appears that there are heirs or legatees who will receive such
money or other property or creditors of the deceased owner of
the claim whose claims are valid and are not barred, and whose
claims were in existence prior to the death of such deceased
owner of the claim.  Where only creditors exist, and there are
no heirs or legatees, said claims shall be allowed only to the
extent necessary to pay such claims and the reasonable costs of
administration of the estate, including court costs,
administrator's fees and attorney's fees.  This section shall
apply to all claims which are pending at the time that this
section goes into effect as well as to claims arising hereafter.

1355.  Within five years after date of entry of judgment in any
proceeding had under the provisions of Chapter 5, or within
five years after completion of notice by publication in an
escheat action taken under the provisions of Section 1415, a
person not a party or privy to such proceeding or action, if not
otherwise barred, may file a petition in the Superior Court of
the County of Sacramento, or as provided in Section 401, showing
his claim or right to the money or other property, or the
proceeds thereof.

Said petition shall be verified; and, in a proceeding for the
recovery by the petitioner as heir, devisee, or legatee, or the
successor in interest of an heir, devisee or legatee, of money
or other property received by the State from the estate of a
decedent under the provisions of Article 1 of Chapter 6, such
petition, among other things must state:

The full name, and the place and date of birth of the
decedent whose estate, or any part thereof, is claimed.

The full name of such decedent's father and the maiden name
of his mother, the places and dates of their respective births,
the place and date of their marriage, the full names of all
children the issue of such marriage, with the date of birth of
each, and the place and date of death of all children of such
marriage who have died unmarried and without issue.

Whether or not such decedent was ever married, and if so,
where, when and to whom.

How, when and where such marriage, if any, was dissolved.

Whether or not said decedent was ever remarried, and, if so,
where, when and to whom.

The full names, and the dates and places of birth of all
lineal descendants, if any, of said decedent; the dates and
places of death of any thereof who died prior to the filing of
such petition; and the places of residence of all who are then
surviving, with the degree of relationship of each of such
survivors to said decedent.

Whether any of the brothers or sisters of such decedent every
married, and, if so, where, when and whom.

The full names, and the places and dates of birth of all
children who are the issue of the marriage of any such brother
or sister of the decedent, and the date and place of death of
all deceased nephews and nieces of said decedent.

Whether or not said decedent, if of foreign birth, ever
became a naturalized citizen of the United States, and, if so,
when, where, and by what court citizenship was conferred.

The post-office names of the cities, towns or other places,
each in its appropriate connection, wherein are preserved the
records of the births, marriages and deaths hereinbefore
enumerated, and, if known, the title of the public official or
other person having custody of such records.

The nationality of each of the heirs of the decedent.

The street address of each of the heirs of the decedent.

If, for any reason, the petitioner is unable to set forth any
of the matters or things hereinbefore required, he shall
clearly state such reason in his petition.

At least 20 days before the hearing of the petition, a copy
of the petition and notice of hearing must be served on the
Attorney General and on the Controller, and the Attorney General
may answer the same at his discretion.

If such claim includes a claim to real property or any
interest therein, the petitioner shall record in the office of
the county recorder of the county in which the real property is
situated, a notice of the pendency of the petition containing
the object of the action and a description of the property in
the county affected thereby.  From the time of filing such
notice for record only, shall a purchaser or encumbrancer of the
property be deemed to have constructive notice of the pendency
of the action, and only of its pendency against parties
designated by their real names.

The court must thereupon try the issue as issues are tried in
civil actions; and if it is determined that such person is
entitled to the money or other property or the proceeds thereof,
it must order the property, if it has not been sold, to be
delivered to him, or if it has been sold and the proceeds
thereof paid into the State Treasury, it must order the
Controller to draw his warrant on the Treasurer for the payment
of the same, but without interest or cost to the State.  A copy
of such order, under the seal of the court, shall be a
sufficient voucher for drawing such warrant.

All persons who fail to appear and file their petitions
within the time limited are forever barred; saving, however, to
infants and persons of unsound mind, the right to appear and
file their petitions at any time within the time limited, or
within one year after their respective disabilities cease.

1360.     For the purposes of this chapter, the following
definitions shall apply:

(a)    "Personal property" means personal property falling within
the definition of "unclaimed property" under the
provisions of this title;

(b)    "Real property" means real property falling within the
definition of "unclaimed property" under the provisions of this
title;

(c)    "Securities" includes stocks, bonds, notes, debentures,
certificates of deposit, shares, and all other evidences of
ownership or indebtedness, and all forms of chose in action and
the interests in property represented thereby, falling within
the definition of unclaimed property under the provisions of
this title.

1361.     The care and custody of all property delivered to the
Treasurer or Controller pursuant to this title is assumed by the
State for the benefit of those entitled thereto, and the State
is responsible for the payment of all claims established thereto
pursuant to law, less any lawful deductions.

1365.  In connection with all unclaimed property, the
Controller has all of the powers necessary in order to safeguard
and conserve the interests of all parties, including the State,
having any vested or expectant interest in such unclaimed
property.  His  powers include, but are not limited to, the
authority to incur obligations the payment of which is
authorized by the provisions of Section 1325.

1370.  The Controller, with the prior approval of the State
Board of Control, may sell or lease personal property at any
time, and in any manner, and may execute such leases on behalf
and in the name of the State of California.

1371.  The Controller, with the prior approval of the State
Board of Control, may sell, cash, redeem, exchange, or otherwise
dispose of any securities and all other classes of personal
property, and may sell, cash, redeem, exchange, compromise,
adjust, settle, or otherwise dispose of any accounts, debts,
contractual rights, or other choses in action whenever, in his
opinion, such action on his part is necessary or will tend to
safeguard and conserve the interests of all parties, including
the State, having any vested or expectant interest in the
property.

1372.  The Controller may sign, endorse, or otherwise authenticate,
in the name and on behalf of the State, subscribing
his name, as Controller, under such writing, any
securities, bills of sale, documents, or other instruments
required, under customary business practice, for the
consummation of the transactions authorized by this chapter.

For all purposes, such endorsement is conclusive and binding
against the State and the heirs, devisees, legatees, or other
claimants of the property covered by such endorsement.

1373.  The Controller may lease or sell any real property for cash at
public auction to the highest bidder.

Before such sale or lease, notice thereof shall be published
pursuant to Government Code Section 6063 in a newspaper
published in the county in which the real property is situated,
or in an adjoining county, if there is no newspaper published in
such county.  The notice is sufficient for all the purposes of
such lease or sale if the real property is described
sufficiently to identify it.  The cost of publication shall be a
charge against the proceeds of the lease or sale, or, if the
lease or sale is not consummated, such cost shall be a legal
charge against the appropriation for official advertising.

If the value of the property to be sold does not appear to
exceed one thousand dollars ($1,000) in the determination of the
Controller, notice of sale thereof may be published pursuant to
Government Code Section 6061.

1374.  The Controller may reject any and all bids made at sales or
public auctions held under the provisions of this chapter.

1375.  With the approval of the State Board of Control, any real
property may be sold or leased by the Controller at private
sale without published notice.

1376.  Upon receipt of the proceeds of any sale made pursuant to this
chapter, the Controller shall execute, in the name and
on behalf of the State of California, a deed covering the real
property, and a bill of sale covering the personal property,
sold.  He may execute leases for real or personal property in
the name and on behalf of the State of California.

1377.  The Controller shall not enter into any transaction which
shall create or impose upon the owners, heirs, devisees,
legatees, or other claimants of the property involved, any
obligation under an executory contract, the performance of which
is not already an obligation of such owners, heirs, devisees,
legatees, or other claimants prior to the consummation of the
transactions authorized by this chapter.

1378.  No suit shall be maintained by any person against the
State or any officer thereof, for or on account of any
transaction entered into by the Controller pursuant to this
chapter.

1379.  With the prior approval of the State Board of Control, the
Controller may destroy or otherwise dispose of any personal
property other than cash deposited in the State Treasury under
the provisions of this title, if such property is determined by
him to be valueless or of such little value that the costs of
conducting a sale would probably exceed the amount that would be
realized therefrom; and neither the Treasurer nor Controller
shall be held to respond in damages at the suit of any person
claiming loss by reason of such destruction or disposition.

1380.  All sales, exchanges, or other transactions entered into by
the Controller pursuant to this chapter are exempt from the
provisions of Section 11009 of the Government Code.

1381.  All sales, leases or other transactions entered into by the
Controller pursuant to this chapter shall be conclusive
against everyone, except a purchaser or encumbrancer who in good
faith and for a valuable consideration acquires a title or
interest by an instrument in writing that is first duly
recorded.

1382.  Any provision of this article which authorizes the
Controller to sell real property applies to any real property
distributed or escheated to, or the title to which has vested
in, the State of California by court order or decree of
distribution, if such real property is held in the name of the

Unclaimed Property Fund under the provision of this title,
whether or not such real property has permanently escheated to
the State.

This section does not apply to the disposition of tax-deeded
lands under Chapter 7, 8 or 9 of Part 6 of Division 1 of the
Revenue and Taxation Code.

1390.  The Controller shall deliver to the Treasurer the proceeds of
any sale or lease of property, other than permanently
escheated property, made pursuant to this chapter;
and, on order of the Controller, the amount thereof shall be
deposited in the Unclaimed Property Fund.  Such amount shall be
credited by the Controller to the account in said fund, in the
name of which the property sold or leased was held.  All moneys
deposited in the Unclaimed Property Fund under the provisions of
this section shall be held for the benefit of those entitled to
claim the property sold or leased; but the period in which such
moneys shall be available for claim by and payment to the
persons entitled thereto shall not extend beyond the period in
which such property is available for claim and payment under the
provisions of this title.

1391.  The Controller shall deliver to the Treasurer the proceeds of
any sale or lease of permanently escheated property
made pursuant to this chapter; and, on order of the Controller,
the amount thereof shall be deposited in the General Fund.  All
moneys deposited in the General Fund under the provisions of
this section shall be deemed to have permanently escheated to
the state as of the date of permanent escheat of the property
from which such moneys were derived.

1392.  The proceeds of any transaction by the Controller under the
provisions of this chapter in connection with property
received and held by the state under the provisions of
Article 1 (commencing with Section 1440) of Chapter 6 of this title
shall be credited by the Controller to the estate from which the
property affected by the transaction was received; or, if such
property has permanently escheated to the state, to the account
in the General Fund to which the permanently escheated cash
derived from estates of deceased persons is credited.

1393.  The proceeds of any transaction by the Controller under the
provisions of this chapter, in connection with property
received and held by the state under the provisions of
Article 1 (commencing with Section 1440) of Chapter 6 of this title, for
the benefit of unlocated heirs, devisees or legatees of estates
of deceased persons, shall be credited by the Controller to such
heirs, devisees or legatees of the property affected by such
transaction; or, if such property has permanently escheated to
the state, to the account in the General Fund to which the
permanently escheated cash derived from estates of deceased
persons is credited.

1394.  The proceeds of any transaction by the Controller under the
provisions of this chapter in connection with property
received and held by the state under the provisions of this
title, for the benefit of the persons entitled thereto, shall be
credited by the Controller to such persons; or, if the property
affected by such transaction has permanently escheated to the
state, to the account in the General Fund in the name of which
such permanently escheated property was recorded.

1410.  The Attorney General shall, from time to time, commence
actions on behalf of the state for the purpose of having it
adjudged that title to unclaimed property to which the state has
become entitled by escheat has vested in the state, and for the
purpose of having it adjudged that property has been actually
abandoned or that the owner thereof has died and there is no
person entitled thereto and the same has escheated and vested in
the state.  Such actions shall be brought in the Superior Court
for the County of Sacramento; except that if any real property
covered by the petition is not situated in the County of
Sacramento, an action respecting the real property shall be
commenced in the superior court for the county in which such
real property or any part thereof is situated.  The Attorney
General shall cause to be recorded in the office of the county
recorder of the county in which the real property is situated, a
notice of the pendency of the petition containing the names of
the parties, and the object of the action and a description of
the property in the county affected thereby.  From the time of
filing such notice for record only, shall a purchaser or
encumbrancer of the property affected thereby be deemed to have
constructive notice of the pendency of the action, and only of
the pendency against parties designated by their real names.
Such action shall be commenced by filing a petition.  The
provisions of Section 1420, relating to the facts to be set
forth in the petition, joinder of parties and causes of action,
and the provisions of Section 1423, relating to appearances and
pleadings, shall be applicable to any proceeding had under this
section.

Upon the filing of the petition, the court shall make an
order requiring all persons interested in the property or estate
to appear on a day not more than 90 days nor less than 60 days
from the date of the order and show cause, if any they have, why
title to the property should not vest in the State of
California.

Service of process in such actions shall be made by delivery
of a copy of the  order, together with a copy of the petition,
to each person who claims title to any property covered by the
petition and who is known to the Attorney General or the
Controller or who has theretofore filed in the office of the
Controller a written request for such service of process,
stating his name and address, including street number, or
post-office box number, if any, and by publishing the order at
least once a week for two consecutive weeks in a newspaper
published in the county in which the action is filed, the last
publication to be at least 10 days prior to the date set for the
hearing.

Upon completion of the service of process, as provided in
this section, the court shall have full and complete
jurisdiction over the estate, the property, and the person of
everyone having or claiming any interest in the property, and
shall have full and complete jursidiction to hear and determine
the issues therein, and to render an appropriate judgment.
In addition to the foregoing publication of the order, a
notice shall be given by publication, at least once a week for
two successive weeks in a newspaper published in the county from
which the property was forwarded to the State Treasury or is
situated, of each estate and item of property from such county
or situated in such county in excess of one thousand dollars ($1,000).

Such notice shall state that a petition has been
filed and an order made as hereinbefore provided and shall list
each estate and item in excess of one thousand dollars ($1,000)
and show the amount of the property, if money, or a description
thereof, if other than money, and the name of the owner or
claimant and his last known address.  Any omission or defect in
the giving of such additional notice shall not affect the
jurisdiction of the court.

If it appears from the facts found or admitted that the state
is entitled to the property or any part thereof mentioned in
the petition, judgment shall be rendered that title to such
property or part thereof, as the case may be, has vested in the
state by escheat.

No costs of suit shall be allowed against any party in any
action or proceeding had under this section.

1415.  Whenever any money or other personal property of a value
of one thousand dollars ($1,000) or less has heretofore been,
or is hereafter, deposited in the State Treasury and the same is
subject to being declared escheated to the state or being
declared vested in the state as abandoned property, or
otherwise, under any laws of this state, in lieu of the
procedure provided for elsewhere in this chapter, the Controller
may, from time to time, prepare a return listing such property
and give notice thereof in the manner hereinafter provided.
Such return shall list each item and show (1) the amount of the
property, if money, or a description thereof if other than
money; (2) the name of the owner or claimant and his last known
address, if known; (3) the name and address of the person
delivering the property to the State Treasury, if known but
where the property is received from an estate, only the name of
the decedent together with the name of the county and the number
of the proceeding need be given; (4) the facts and
circumstances by virtue of which it is claimed the property has
escheated or vested in the state; and (5) such other information
as the Controller may desire to include to assist in
identifying each item.

When such return has been completed, the Controller shall
prepare, date, and attach thereto a notice that the property
listed in the return has escheated or vested in the state.

Copies of such return and notice shall then be displayed and be
open to public inspection during business hours in at least
three offices of the Controller, one in the City of Sacramento,
one in the City and County of San Francisco, and one in the City
of Los Angeles.

The Controller shall then cause notice to be given by
publication in one newspaper of general circulation published in
the City of Sacramento, and also by publication in one
newspaper of general circulation published in the City and
County of San Francisco, and also by publication in one
newspaper of general circulation published in the City of Los
Angeles, at least once each calendar week for two consecutive
weeks, that said return and notice that the property listed in
the return has escheated or vested in the state has been
prepared and is on display and open to public inspection during
business hours, giving the addresses and room numbers of the
locations where the same may be inspected.

Such publication shall be made within 90 days after attaching
the notice to the return.  Notice by such publication shall be
deemed completed 120 days after attaching the notice to the
return.

Within five years after such notice by publication is
completed, any person entitled to such property may claim it in
the manner provided in Chapter 3 of this title.  All persons who
fail to make such claim within the time limited are forever
barred; saving, however, to infants and persons of unsound mind,
the right to appear and claim such property at any time within
the time limited, or within one year after their respective
disabilities cease.

1420.  At any time after two years after the death of any decedent
who leaves property to which the State is entitled by
reason of it having escheated to the State, the Attorney General
shall commence a proceeding on behalf of the State in the
Superior Court for the County of Sacramento to have it adjudged
that the State is so entitled.  Such action shall be commenced
by filing a petition, which shall be treated as the information
elsewhere referred to in this title.

There shall be set forth in such petition a description of
the property, the name of the person last possessed thereof, the
name of the person, if any, claiming such property, or portion
thereof, and the facts and circumstances by virtue of which it
is claimed the property has escheated.

Upon the filing of such petition, the court must make an
order requiring all persons interested in the estate to appear
and show cause, if any they have, within 60 days from the date
of the order, why such estate should not vest in the State.
Such order must be published at least once a week for four
consecutive weeks in a newspaper published in said County of
Sacramento, the last publication to be at least 10 days prior to
the date set for the hearing.  Upon the completion of the
publication of such order, the court shall have full and
complete jurisdiction over the estate, the property, and the
person of everyone having or claiming any interest in the said
property, and shall have full and complete jurisdiction to hear
and determine the issues therein, and render the appropriate
judgment thereon.

If proceedings for the administration of such estate have
been instituted, a copy of such order must be filed with the
papers in such estate in the office of the county clerk where
such proceedings were had.  If proceedings for the
administration of any estate of any such decedent have been
instituted and none of the persons entitled to succeed thereto
have appeared and made claim to such property or any portion
thereof, before the decree of final distribution therein is
made, or before the commencement of such proceeding by the
Attorney General, or if the court shall find that such persons
as have appeared are not entitled to the property of such
estate, or any portion thereof, the court shall, upon final
settlement of the proceedings for the administration of such
estate, after the payment of all debts and expenses of
administration, distribute all moneys and other property
remaining to the State of California.

In any proceeding brought by the Attorney General under this
chapter, any two or more parties and any two or more causes of
action may be joined in the same proceedings and in the same
petition without being separately stated; and it shall be
sufficient to allege in the petition that the decedent left no
heirs to take the estate and the failure of heirs to appear and
set up their claims in any such proceeding, or in any
proceedings for the administration of such estate, shall be
sufficient proof upon which to base the judgment in any such
proceeding or such decree of distribution.

Where proceedings for the administration of any estate have
not been commenced within six months from the death of any
decedent the Attorney General may direct the public
administrator to commence the same forthwith.

1421.  Whenever the Attorney General is informed that any estate has
escheated or is about to escheat to the state, or
that the property involved in any action or special proceeding
has escheated or is about to escheat to the state, the Attorney
General may commence an action on behalf of the state to
determine its rights to the property or may intervene on its
behalf in any action or special proceeding affecting the estate
and contest the rights of any claimant or claimants thereto.
The Attorney General may also apply to the superior court or any
judge thereof for an order directing the county treasurer to
deposit in the State Treasury all money, and to deliver to the
Controller for deposit in the State Treasury, all other personal
property, in the possession of the county treasurer, which may
become payable to the State Treasury pursuant to Section 7643 of
the Probate Code.

1422.  The court, upon the information being filed, and upon
application of the Attorney General, either before or after
answer, upon notice to the party claiming the estate, if known,
may, upon sufficient cause therefor being shown, appoint a
receiver to take charge of such estate, or any part thereof, or
to receive the rents, income and profits of the same until the
title of such estate is finally settled.

1423.  All persons named in the information may appear and answer,
and may traverse or deny the facts stated therein at any
time before the time for answering expires, and any other
person claiming an interest in such estate may appear and be
made a defendant, by motion for that purpose in open court
within the time allowed for answering, and if no such person
appears and answers within the time, then judgment must be
rendered that the State is the owner of the property in such
information claimed.

If any person appears and denies the title set up by the
State, or traverses any material fact set forth in the
information, the issue of fact must be tried as issues of fact
are tried in civil actions.

If, after the issues are tried, it appears from the facts
found or admitted that the State has good title to the property
in the information mentioned, or any part thereof, judgment must
be rendered that the State is the owner and entitled to the
possession thereof, and that it recover costs of suit against
the defendants who have appeared and answered.
In any judgment rendered, or that has heretofore been
rendered by any court escheating property to the State, on
motion of the Attorney General, the court must make an order
that such property, unless it consists of money, be sold by the
sheriff of the county where it is situate, at public sale, for
cash, after giving notice of the time and place of sale, as may
be prescribed by the court in such order; that the sheriff,
within five days after such sale, make a report thereof to the
court, and upon the hearing of such report, the court may
examine the report and witnesses in relation thereto, and if the
proceedings were unfair, or if the sum bid disproportionate to
the value, or if it appears that a sum exceeding said bid,
exclusive of the expense of a new sale, may be obtained, the
court may vacate the sale, and direct another to be had, of
which notice must be given, and the sale in all respects
conducted as if no previous sale had taken place.  If an offer
greater in amount than that named in the report is made to the
court in writing by a responsible person, the court may, in its
discretion, accept such offer and confirm the sale to such
person, or order a new sale.

If it appears to the court that the sale was legally made and
fairly conducted and that the sum bid is not disproportionate
to the value of the property sold, and that a sum exceeding such
bid, exclusive of the expense of a new sale, cannot be
obtained, or if the increased bid above mentioned is made and
accepted by the court, the court must make an order confirming
the sale and directing the sheriff, in the name of the State, to
execute to the purchaser or purchasers a conveyance of said
property sold; and said conveyance vests in the purchaser or
purchasers all the right and title of the State therein.

The sheriff shall, out of the proceeds of such sale, pay the
cost of said proceedings incurred on behalf of the State,
including the expenses of making such sale, and also an attorney'
s fee, if additional counsel was employed in said proceedings,
to be fixed by the court, not exceeding 10 percent on the amount
of such sale; and the residue thereof shall be paid by said
sheriff into the State Treasury.

1424.  If, in any proceeding had under this title, the judgment or
decree distributes or vests unclaimed property or any
portion thereof to or in the State of California and the
distributing or vesting clause contains words otherwise creating
a trust in favor of certain unknown or unidentified persons as
a class, such judgment or decree shall vest in the State of
California both legal and equitable title to such property;
saving, however, the right of claimants to appear and claim the
property, as provided in this title.

1430.  Upon the expiration of five years after the date of entry of
judgment in any proceeding had under this chapter, or
upon the expiration of five years after completion of notice by
publication in an escheat action taken under the provisions of
Section 1415, the property covered by such proceeding or action
is permanently escheated to the State; saving however to
infants, and persons of unsound mind, the right to appear and
claim such property as provided in this title; but it shall be
presumed that there are no such infants nor persons of unsound
mind who are or will be entitled to claim such property unless
and until they appear and claim such property as provided in
this title; provided, however, such presumption shall be
conclusive in favor of any purchaser in good faith and for a
valuable consideration from the State and everyone subsequently
claiming under him, saving however, to infants and persons of
unsound mind the right of recourse to the proceeds of any sale
or other disposition of any such property by the State and as
herein provided.

1431.  When money in the Unclaimed Property Fund has become
permanently escheated to the state, the amount thereof shall, on
order of the Controller, be transferred to the General Fund.

When property other than money held by the Controller or
Treasurer in the name of any account in the Unclaimed Property
Fund has become permanently escheated to the state, the records
of the Controller and Treasurer shall be adjusted to show that
such property is held in the name of the General Fund.

1440.  Whenever, under the provisions of this title or under any
other provision of law, any unclaimed money or other
property in an estate of a deceased person, or any unclaimed
amount payable pursuant to an allowed and approved claim against
such an estate, is paid to the State or any officer or employee
thereof for deposit in the State Treasury, it shall be deemed
to have been so paid under the provisions of this article.

1441.  Money or other property distributed to the state under
Chapter 6 (commencing with Section 11900) of Part 10 of
Division 7 of the Probate Code, if not claimed within five years from
the date of the order for distribution, as provided in Chapter 3, is
permanently escheated to the state without further
proceeding; saving, however, to infants and persons of unsound
mind, the right to appear and file their claims within the 
time limited, or within one year after their respective
disabilities cease; provided, however, that any such property shall be
conclusively presumed to be permanently escheated to the state
as to all persons in favor of a purchaser in good faith and
for a valuable consideration from the state and anyone
subsequently claiming under that purchaser, saving however, to infants and
persons of unsound mind the right of recourse to the proceeds of
any sale or other disposition of that property by the state and
as herein provided.

1442.  Except as otherwise provided in Section 1441, any money
or other property paid into the State Treasury under the
provisions of this article may be claimed by the person entitled
thereto, as provided in Chapter 3.

1443.  Notwithstanding any other provision of law, all money or
other property paid or delivered to the state or any officer or
employee thereof under the provisions of Section 7643 or 11428,
Chapter 6 (commencing with Section 11900) of Part 10 of
Division 7, or Section 6800, of the Probate Code, or under any
other section of the Probate Code, or any amendment thereof
adopted after the effective date of this section, shall be
deemed to be paid or delivered for deposit in the State Treasury
under the provisions of this article, and shall be transmitted,
received, accounted for, and disposed of, as provided in this
title.

1444.  At the time of the next county settlement following the
expiration of one year from the date of its deposit in the
county treasury, all money or other property distributed in the
administration of an estate of a deceased person and heretofore
or hereafter deposited in the county treasury to the credit of
known heirs, legatees, or devisees, and any money or other
property remaining on deposit to the credit of an estate after
final distribution to such known heirs, legatees or devisees,
shall be paid to the Treasurer or Controller as provided in
Chapter 2.

1444.5.  Notwithstanding any other provision of law, any money
on deposit with the county treasurer of a county received from a
public administrator of the county in trust and to the account
of the estate of a deceased person or the creditor of a deceased
person, in an amount of fifty dollars ($50) or less as to any
one estate or creditor, and not covered by a decree of
distribution, which was received or remained on hand after the
final accounting in such deceased person's estate and the
discharge of such public administrator as representative of the
estate, and where the money has so remained on deposit in trust
for a period of 15 years or more unclaimed by any heir, devisee
or legatee of such deceased person, or by any creditor having an
allowed and approved claim against the deceased person's estate
remaining unpaid, shall be deemed permanently escheated to the
State of California.  The total of any such moneys so held in
trust unclaimed for such period may be paid in a lump sum by the
county treasurer, from such funds as he may have on hand for
the purpose, to the State Treasurer, at the time of the next
county settlement after the effective date of this section, or
at any county settlement thereafter.  Such lump sum payment may
be made by designating it to have been made under this section,
without the necessity of any further report or statement of the
estates or claimants concerned, without the necessity of any
order of court, and without being subject to the provisions of
Section 1311 or 1312.  Upon receipt by the State Treasurer, any
permanently escheated money received by him under this section
shall forthwith be deposited in the School Land Fund, subject
only to the rights of minors and persons of unsound mind saved
to them by Section 1430.

This section shall also apply in all respects to any money on
deposit with a county treasurer received from the coroner of
the county in trust and to the account of a deceased person, and
any such money shall be held, deemed permanently escheated,
reported and paid over in like manner as hereinabove set forth.

1445.  If money or other property is deposited in a county
treasury, and if the deposits belong (1) to known decedents'
estates on which letters testamentary or letters of
administration have never been issued or (2) to known decedents'
estates on which letters testamentary or letters of
administration have been issued but no decree of distribution
has been rendered, due to the absence of any parties interested
in the estate or the failure of such parties diligently to
protect their interests by taking reasonable steps for the
purpose of securing a distribution of the estate, the county
treasurer shall, within one year following the expiration of
five years from the date of such deposit, file a petition in the
superior court of the county in which the deposit is held,
setting forth the fact that the money or other personal property
has remained in the county treasury under such circumstances
for such five-year period, and petitioning the court for an
order directing him to pay such money or other property into the
State Treasury.

At the time of the next county settlement following the date
of the making of the order by the court, unless earlier
payment is required by the Controller, the county treasurer shall pay
such money or other property to the Treasurer or Controller as
provided in Chapter 2.

1446.  Notwithstanding any other provision of law, all unclaimed
money or other property belonging to any person who
dies while confined in any state institution subject to the
jurisdiction of the Director of Corrections, which is paid or
delivered to the State or any officer or employee thereof under
the provisions of Section 5061 of the Penal Code, or under any
amendment thereof adopted after the effective date of this
section, shall be deemed to be paid or delivered for deposit in
the State Treasury under the provisions of this article, and
shall be transmitted, received, accounted for, and disposed of,
as provided in this part.

1447.  Notwithstanding any other provision of law, all unclaimed
money or other property belonging to any person who
dies while confined in any state institution subject to the
jurisdiction of the Department of Mental Hygiene, which is paid
or delivered to the State or any officer or employee thereof
under the provisions of Section 166 of the Welfare and
Institutions Code, or under any amendment thereof adopted after
the effective date of this section, shall be deemed to be paid
or delivered for deposit in the State Treasury under the
provisions of this article, and shall be transmitted, received,
accounted for, and disposed of, as provided in this part.

1448.  Notwithstanding any other provision of law, all unclaimed
money or other property belonging to any person who
dies while confined in any state institution subject to the
jurisdiction of the Youth Authority, which is paid or delivered
to the State or any officer thereof under the provisions of
Section 1015 of the Welfare and Institutions Code or under any
amendment thereof adopted after the effective date of this
section, shall be deemed to be paid or delivered for deposit in
the State Treasury under the provisions of this article, and
shall be transmitted, received, accounted for, and disposed of,
as provided in this part.

1449.  Notwithstanding any other provision of law, all
presumptively abandoned money or other property paid or
delivered to the Treasurer or Controller under the provisions of
Section 7644 of the Probate Code shall be deemed to be paid or
delivered for deposit in the State Treasury under the provisions
of this article, and shall be transmitted, received, accounted
for, and disposed of as provided in this title.

1476.  The expiration of any period of time specified by law,
during which an action or proceeding may be commenced or
enforced to secure payment of a claim for money or recovery of
property, shall not prevent any such money or other property
from being deemed abandoned property, nor affect any duty to
file a report required by this title or to deliver to the
Treasurer or Controller any such abandoned property; and shall
not serve as a defense in any action or proceeding brought under
the provisions of this article to compel the filing of any
report or the delivery of any abandoned property required by
this article or to enforce or collect any penalty provided by
this article.

1500.  This chapter may be cited as the Unclaimed Property Law.

1501.  As used in this chapter, unless the context otherwise
requires:

(a)    "Apparent owner" means the person who appears from the
records of the holder to be entitled to property held by the
holder.

(b)    "Banking organization" means any national or state bank,
trust company,  banking company, land bank, savings bank,
safe-deposit company, private banker,  or any similar
organization.

(c)    "Business association" means any private corporation, joint
stock company, business trust, partnership, or any
association for business purposes of two or more individuals,
whether or not for profit, including, but not by way of
limitation, a banking organization, financial organization, life
insurance corporation, and utility.

(d)    "Financial organization" means any federal or state savings
and loan association, building and loan association,
credit union, investment company, or any similar organization.

(e)    "Holder" means any person in possession of property subject
to this chapter belonging to another, or who is trustee
in case of a trust, or is indebted to another on an obligation
subject to this chapter.

(f)    "Life insurance corporation" means any association or
corporation transacting the business of insurance on the lives
of persons or insurance appertaining thereto, including, but not
by way of limitation, endowments, and annuities.

(g)    "Owner" means a depositor in case of a deposit, a
beneficiary in case of a trust, or creditor, claimant, or payee
in case of other choses in action, or any person having a legal
or equitable interest in property subject to this chapter, or
his or her legal representative.

(h)    "Person" means any individual, business association,
government or governmental subdivision or agency, two or more
persons having a joint or common interest, or any other legal or
commercial entity, whether that person is acting in his or her
own right or in a representative or fiduciary capacity.

(i)    "Employee benefit plan distribution" means any money, life
insurance, endowment or annuity policy or proceeds thereof,
securities or other intangible property, or any tangible
property, distributable to a participant, former participant, or
the beneficiary or estate or heirs of a participant or former
participant or beneficiary, from a trust or custodial fund
established under a plan to provide health and welfare, pension,
vacation, severance, retirement benefit, death benefit, stock
purchase, profit sharing, employee savings, supplemental
unemployment insurance benefits or similar benefits, or which is
established under a plan  by a business association functioning
as or in conjunction with a labor union which receives for
distribution residuals on behalf of employees working under
collective-bargaining agreements.

(j)    "Residuals" means payments pursuant to a collective
bargaining agreement of additional compensation for domestic and
foreign uses of recorded materials.

1501.5.  (a) Notwithstanding any provision of law to the
contrary, property received by the state under this chapter
shall not permanently escheat to the state.

(b)    The Legislature finds and declares that this section is
declaratory of the existing law and sets forth the intent of the
Legislature regarding the Uniform Disposition of Unclaimed
Property Act (Chapter 1809, Statutes of 1959) and all amendments
thereto and revisions thereof.  Any opinions, rulings, orders,
judgments, or other statements to the contrary by any court are
erroneous and inconsistent with the intent of the Legislature.

1502.  (a) This chapter does not apply to:

(1)    Any property in the official custody of a municipal utility
district.

(2)    Any property in the official custody of a local agency if
such property may be transferred to the general fund of such
agency under the provisions of Sections 50050-50053 of the
Government Code.

(3)    Any instrument issued in a foreign country.

(4)    Any funds held only in a foreign country.

(b) None of the provisions of this chapter applies to any
type of property received by the state under the provisions of
Chapter 1 (commencing with Section 1300) to
Chapter 6 (commencing with Section 1440), inclusive, of this title.

1503.  (a) As used in this section:

(1)    "Old act" means this chapter as it existed prior to
January 1, 1969.

(2)    "New act" means this chapter as it exists on and after
January 1, 1969.

(3)    "Property not subject to the old act" means property that
was not presumed abandoned under the old act and would never
have been presumed abandoned under the old act had the old act
continued in existence on and after January 1, 1969, without
change.

(b) The holder is not required to file a report concerning,
or to pay or deliver to the Controller, any property not subject
to the old act if an action by the owner against the holder to
recover that property was barred by an applicable statute of
limitations prior to January 1, 1969.

(c)    The holder is not required to file a report concerning, or
to pay or deliver to the Controller, any property not subject
to the old act, or any property that was not required to be
reported under the old act, unless on January 1, 1969, the
property has been held by the holder for less than the escheat
period.  "Escheat period" means the period referred to in
Sections 1513 to 1521, inclusive, of the new act, whichever is
applicable to the particular property.

1504.  (a) As used in this section:

(1)    "Old act" means this chapter as it existed prior to
January 1, 1969.

(2)    "New act" means this chapter as it exists on and after
January 1, 1969.

(3)    "Property not subject to the old act" means property that
was not presumed abandoned under the old act and would never
have been presumed abandoned under the old act had the old act
continued in existence on and after January 1, 1969, without
change.

(b) This chapter does not apply to any property that was
escheated under the laws of another state prior to
September 18, 1959.

(c) This chapter does not require the holder to pay or deliver
any property not subject to the old act to this state if
the property was escheated under the laws of another state
prior to January 1, 1969, and was delivered to the custody of
that state prior to January 1, 1970, in compliance with the laws
of that state.  Nothing in this subdivision affects or limits
the right of the State Controller to recover such property from
the other state.

1505.  This chapter does not affect any duty to file a report with
the State Controller or to pay or deliver any property to
him that arose prior to January 1, 1969, under the provisions of
this chapter as it existed prior to January 1, 1969.  Such
duties may be enforced by the State Controller, and the
penalties for failure to perform such duties may be imposed,
under the provisions of this chapter as it existed prior to
January 1, 1969.  The provisions of this chapter as it existed
prior to January 1, 1969, are continued in existence for the
purposes of this section.

1506.  The provisions of this chapter as it exists on and after
January 1, 1969, insofar as they are substantially the same as
the provisions of this chapter as it existed prior to January 1, 1969,
relating to the same subject matter, shall be construed
as restatements and continuations thereof and not as new
enactments.

1510.  Unless otherwise provided by statute of this state, intangible
personal property escheats to this state under this
chapter if the conditions for escheat stated in Sections 1513
through 1521 exist, and if:

(a)    The last known address, as shown on the records of the
holder, of the apparent owner is in this state.

(b)    No address of the apparent owner appears on the records of
the holder and:

(1)    The last known address of the apparent owner is in this
state; or

(2)    The holder is domiciled in this state and has not
previously paid the property to the state of the last known
address of the apparent owner; or

(3)    The holder is a government or governmental subdivision or
agency of this state and has not previously paid the property
to the state of the last known address of the apparent owner.

(c)    The last known address, as shown on the records of the
holder, of the apparent owner is in a state that does not
provide by law for the escheat of such property and the holder
is (1) domiciled in this state or (2) a government or
governmental subdivision or agency of this state.

(d)    The last known address, as shown on the records of the
holder, of the apparent owner is in a foreign nation and the
holder is (1) domiciled in this state or (2) a government or
governmental subdivision or agency of this state.

1511.  (a) Any sum payable on a money order, travelers check, or
other similar written instrument (other than a third-party
bank check) on which a business association is directly liable
escheats to this state under this chapter if the conditions for
escheat stated in Section 1513 exist and if:

(1)    The books and records of such business association show that
such money order, travelers check, or similar written
instrument was purchased in this state;

(2)    The business association has its principal place of business
in this state and the books and records of the business
association do not show the state in which such money order,
travelers check, or similar written instrument was purchased; or

(3)    The business association has its principal place of business
in this state, the books and records of the business
association show the state in which such money order, travelers
check, or similar written instrument was purchased, and the laws
of the state of purchase do not provide for the escheat of the
sum payable on such instrument.

(b) Notwithstanding any other provision of this chapter, this
section applies to sums payable on money orders, travelers
checks, and similar written instruments deemed abandoned on or
after February 1, 1965, except to the extent that such sums have
been paid over to a state prior to January 1, 1974.  For the
purposes of this subdivision, the words "deemed abandoned" have
the same meaning as those words have as used in Section 604 of
Public Law Number 93-495 (October 28, 1974), 88th. Statutes at
Large 1500.

1513.  Subject to Sections 1510 and 1511, the following property held
or owing by a business association escheats to this state:

(a)    Except as provided in subdivision (f), any demand, savings,
or matured time deposit, or account subject to a negotiable order
of withdrawal, made with a banking organization, together with
any interest or dividends thereon, excluding, from demand
deposits and accounts subject to a negotiable order of withdrawal
only, any reasonable service charges which may lawfully be
withheld and which do not (where made in this state) exceed those
set forth in schedules filed by the banking organization from
time to time with the Controller, when the owner, for more than
three years, has not done any of the following:

(1)    Increased or decreased the amount of the deposit, or
presented the passbook or other similar evidence of the
deposit for the crediting of interest.

(2)    Corresponded in writing with the banking organization
concerning the deposit.

(3)    Otherwise indicated an interest in the deposit as
evidenced by a memorandum or other record on file with the
banking organization.
No banking organization may discontinue any interest or dividends on
any savings deposit because of the inactivity contemplated by this
section.

(b)    Except as provided in subdivision (f), any demand, savings,
or matured time deposit, or matured investment certificate, or
account subject to a negotiable order of withdrawal, or other
interest in a financial organization or any deposit made
therewith, and any interest or dividends thereon, excluding, from
demand deposits and accounts subject to a negotiable order of
withdrawal only, any reasonable service charges which may
lawfully be withheld and which do not (where made in this state)
exceed those set forth in schedules filed by the financial
organization from time to time with the Controller, when the
owner, for more than three years, has not done any of the
following:

(1)    Increased or decreased the amount of the funds or
deposit, or presented an appropriate record for the crediting
of interest or dividends.

(2)    Corresponded in writing with the financial organization
concerning the funds or deposit.

(3)    Otherwise indicated an interest in the funds or deposit
as evidenced by a memorandum or other record on file with the
financial organization.

No financial organization may discontinue any interest or dividends on
any funds paid toward purchase of shares or other interest, or on any
deposit, because of the inactivity contemplated by this section.

(c)    Any sum payable on a travelers check issued by a business
association that has been outstanding for more than 15 years from
the date of its issuance, when the owner, for more than 15 years,
has not corresponded in writing with the business association
concerning it, or otherwise indicated an interest as evidenced by
a memorandum or other record on file with the association.

(d)    Any sum payable on any other written instrument on which a
banking or financial organization is directly liable, including,
by way of illustration but not of limitation, any draft or
certified check, that has been outstanding for more than five
years from the date it was payable, or from the date of its
issuance if payable on demand, when the owner, for more than five
years, has not corresponded in writing with the banking or
financial organization concerning it, or otherwise indicated an
interest as evidenced by a memorandum or other record on file
with the banking or financial organization.

(e)    Any sum payable on a money order issued by a business
association (including a banking or financial organization), that
has been outstanding for more than seven years from the date it
was payable, or from the date of its issuance if payable on
demand, when the owner, for more than seven years, has not
corresponded in writing with the business association, banking,
or financial organization concerning it, or otherwise indicated
an interest as evidenced by a memorandum or other record on file
with the business association.

(f)    Any funds held by a business association in an individual
retirement account or under a retirement plan for self-employed
individuals or similar account or plan established pursuant to
the internal revenue laws of the United States or of this state,
when the owner, for more than three years after the funds become
payable or distributable, has not done any of the following:

(1)    Increased or decreased the principal.

(2)    Accepted payment of principal or income.

(3)    Corresponded in writing concerning the property or
otherwise indicated an interest.

These funds are not payable or distributable within the meaning of
this subdivision unless, under the terms of the account or plan,
distribution of all or a part of the funds would then be mandatory.

(g)    For purposes of this section "service charges" means service
charges imposed because of the inactivity contemplated by this
section.

1513.5.  (a) Except as provided in subdivision c, if the holder has in
its records an address for the apparent owner, which the holder's
records do not disclose to be inaccurate, every banking or financial
organization shall make reasonable efforts to notify by mail any
customer that the customer's deposit, account, shares, or other
interest in the banking or financial organization will escheat to the
state pursuant to subdivision (a) or (b) of Section 1513.  The notice
shall be given not less than two years nor more than two and one-half
years after the date of last activity by, or communication with, the
owner with respect to the account, deposit, shares, or other interest,
as shown on the record of the financial organization.

(b)    The notice required by this section shall specify the time
that the deposit, account, shares, or other interest will escheat
and the effects of escheat, including the necessity for filing a
claim for the return of the deposit, account, shares, or other
interest.  It shall also include a form, as prescribed by the
Controller, by which the customer may declare an intention to
maintain the deposit, account, shares, or other interest.  If
that form is filled out, signed by the customer, and returned to
the banking or financial organization, it shall satisfy the
requirement of paragraph (3) of subdivision (a) or paragraph (3)
of subdivision (b) of Section 1513.  The banking or financial
organization may impose a service charge on the deposit, account,
shares, or other interest for this notice in an amount not to
exceed the administrative cost of mailing the notice and form and
in no case to exceed two dollars ($2).

(c)    Notice as provided by subdivisions (a) and (b) shall not be
required for deposits, accounts, shares, or other interests of
less than twenty-five dollars ($25), and no service charge may be
made for notice on these items.

1514.  The contents of any safe deposit box or any other safekeeping
repository, held in this state by a business association, escheat
to this state if unclaimed by the owner for more than three years
from the date on which the lease or rental period on the box or
other repository expired, or from the date of termination of any
agreement because of which the box or other repository was
furnished  to the owner without cost, whichever last occurs.

1515.  (a) Subject to Section 1510, funds held or owing by a life
insurance corporation under any life or endowment insurance policy
or annuity contract which has matured or terminated escheat to this
state if unclaimed and unpaid for more than three years after the
funds became due and payable as established from the records of the
corporation.

(b) If a person other than the insured or annuitant is entitled to
the funds and no address of that person is known to the corporation
or if it is not definite and certain from the records of the
corporation what person is entitled to the funds, it is presumed
that the last known address of the person entitled to the funds is
the same as the last known address of the insured or annuitant
according to the records of the corporation.  This presumption is a
presumption affecting the burden of proof.

(c)    A life insurance policy not matured by actual proof of the
death of the insured according to the records of the corporation
is deemed to be matured and the proceeds due and payable if:

(1)    The insured has attained, or would have attained if he or
she were living, the limiting age under the mortality table on
which the reserve is based.

(2)    The policy was in force at the time the insured attained,
or would have attained, the limiting age specified in
paragraph (1).

(3)    Neither the insured nor any other person appearing to
have an interest in the policy has, within the preceding three
years, according to the records of the corporation (i)
assigned, readjusted, or paid premiums on the policy, (ii)
subjected the policy to loan, or (iii) corresponded in writing
with the life insurance corporation concerning the policy.

(d)    Any funds otherwise payable according to the records of the
corporation are deemed due and payable although the policy or
contract has not been surrendered as required.

1516.  (a) Subject to Section 1510, any dividend, profit,
distribution, interest, payment on principal, or other sum held or
owing by a business association for or to its shareholder,
certificate holder, member, bondholder, or other security holder,
or a participating patron of a cooperative, who has not claimed it,
or corresponded in writing with the business association concerning
it, within three years after the date prescribed for payment or
delivery, escheats to this state.

(b)    Subject to Section 1510, any intangible interest in a
business association, as evidenced by the stock records or
membership records of the association, escheats to this state if (1)
the interest in the association is owned by a person who for
more than three years has neither claimed a dividend or other sum
referred to in subdivision (a) nor corresponded in writing with the
association or otherwise indicated an interest as evidenced by a
memorandum or other record on file with the association, and (2)
the association does not know the location of the owner at the end
of the three-year period.  With respect to the interest, the
business association shall be deemed the holder.

(c)    Subject to Section 1510, any dividends or other
distributions held for or owing to a person at the time the stock
or other security to which they attach escheats to this state
also escheat to this state as of the same time.

(d)    With respect to any interest that may escheat pursuant to
subdivision (b), the business association shall make reasonable
efforts to notify the owner by mail that the owner's interest in
the business association will escheat to the state.  The notice
shall be given not less than 6 nor more than 12 months before the
time the interest in the business association becomes reportable
to the Controller in accordance with this chapter.  The notice
required by this subdivision shall specify the time that the
interest will escheat and the effects of escheat, including the
necessity for filing a claim for the return of the interest.  It
shall also include a form, as prescribed by the Controller, by
which the owner may confirm the owner's current address.  If that
form is filled out, signed by the owner, and returned to the
holder, it shall be deemed that the business association knows
the location of the owner.

1517.  All property distributable in the course of a voluntary or
involuntary dissolution or liquidation of a business association
that is unclaimed by the owner within six months after the date of
final distribution or liquidation escheats to this state.  This
section applies to all tangible personal property located in this
state and, subject to Section 1510, to all intangible personal
property.

1518.  (a) All tangible personal property located in this state and,
subject to Section 1510, all intangible personal property, and the
income or increment on such tangible or intangible property, held
in a fiduciary capacity for the benefit of another person escheats
to this state if after it becomes payable or distributable, the
owner has not, within a period of three years, increased or
decreased the principal, accepted payment of principal or income,
corresponded in writing concerning the property, or otherwise
indicated an interest as evidenced by a memorandum or other record
on file with the fiduciary.

(b)    Funds in an individual retirement account or a retirement
plan for self-employed individuals or similar account or plan
established pursuant to the internal revenue laws of the United
States or of this state are not payable or distributable within
the meaning of subdivision (a) unless, under the terms of the
account or plan, distribution of all or part of the funds would
then be mandatory.

(c)    For the purpose of this section, when a person holds
property as an agent  for a business association, he or she is
deemed to hold the property in a fiduciary capacity for the
business association alone, unless the agreement between him or
her and the business association clearly provides the contrary.
For the purposes of this chapter, if a person holds property in a
fiduciary capacity for a business association alone, he or she is
the holder of the property only insofar as the interest of the
business association in the property is concerned and the
association is deemed to be the holder of the property insofar as
the interest of any other person in the property is concerned.

1519.  All tangible personal property located in this state, and,
subject to Section 1510, all intangible personal property, held for
the owner by any government or governmental subdivision or agency,
that has remained unclaimed by the owner for more than three years
escheats to this state.

1519.5.  Subject to Section 1510, any sums held by a business
association that have been ordered to be refunded by a court or an
administrative agency including, but not limited to, the Public
Utilities Commission, which have remained unclaimed by the owner
for more than one year after becoming payable in accordance with
the final determination or order providing for the refund, whether
or not the final determination or order requires any person
entitled to a refund to make a claim for it, escheats to this
state.

It is the intent of the Legislature that the provisions of this
section shall apply retroactively to all funds held by business
associations on or after January 1, 1977, and which remain
undistributed by the business association as of the effective date
of this act.

Further, it is the intent of the Legislature that nothing in this
section shall be construed to change the authority of a court or
administrative agency to order equitable remedies.

1520.  All tangible personal property located in this state and,
subject to Section 1510, all intangible personal
property, except property of the classes mentioned in
Sections 1511, 1513, 1514, 1515, 1516, 1517, 1518, 1519, and 1521,
including any income or increment thereon and deducting any
lawful charges, that is held or owing in the ordinary course
of the holder's business and has remained unclaimed by
the owner for more than three years after it became
payable or distributable escheats to this state.

For purposes of this section, "lawful charges" means charges which are
specifically authorized by statute, other than the Unclaimed Property
Law, or by a valid, enforceable contract.

1521.  (a) Except as provided in subdivision (b), and subject to
Section 1510, all employee benefit plan distributions and any
income or other increment thereon escheats to the state if the
owner has not, within three years after it becomes payable or
distributable, accepted the distribution, corresponded in writing
concerning the distribution, or otherwise indicated an interest as
evidenced by a memorandum or other record on file with the
fiduciary of the trust or custodial fund or administrator of the
plan under which the trust or fund is established.  As used in this
section, "fiduciary" means any person exercising any power,
authority, or responsibility of management or disposition with
respect to any money or other property of a retirement system or
plan, and "administrator" means the person specifically so
designated by the plan, trust agreement, contract, or other
instrument under which the retirement system or plan is operated,
or if none is designated, the employer.

(b) Except as provided in subdivision c, an employee benefit plan
distribution and any income or other increment thereon shall not
escheat to this state if, at the time the distribution shall become
payable to a participant in an employee benefit plan, the plan
contains a provision for forfeiture or expressly authorizes the
administrator to declare a forfeiture of a distribution to a
beneficiary thereof who cannot be found after a period of time
specified in the plan, and the trust or fund established under the
plan has not terminated prior to the date on which the distribution
would become forfeitable in accordance with the provision.

(c)    A participant entitled to an employee benefit plan
distribution in the form of residuals shall be relieved from a
forfeiture declared under subdivision (b) upon the making of a
claim therefor.

1522.  No service, handling, maintenance or other charge or fee of
any kind which is imposed because of the inactive or unclaimed
status contemplated by this chapter, may be deducted or withheld
from any property subject to escheat under this chapter, unless
specifically permitted by this chapter.

Even when specifically permitted by this chapter, such charges or
fees may not be excluded, withheld or deducted from property
subject to this chapter if, under its policy or procedure, the
holder would not have excluded, withheld or deducted such charges
or fees in the event the property had been claimed by the owner
prior to being reported or remitted to the Controller.

1528.  This chapter does not apply to unclaimed funds held by a
life insurance corporation which is organized or admitted as a
domestic fraternal benefit society under Chapter 10 (commencing
with Section 10970) of Part 2 of Division 2 of the Insurance Code,
so long as such funds are used for scholarship funds, exclusive of
costs of administration thereof.

1530.  (a) Every person holding funds or other property escheated to
this state under this chapter shall report to the Controller as
provided in this section.

(b) The report shall be on a form prescribed or approved by the
Controller and shall include:

(1)    Except with respect to travelers checks and money orders,
the name, if known, and last known address, if any, of each
person appearing from the records of the holder to be the owner
of any property of value of twenty-five dollars ($25) or more
escheated under this chapter.

(2)    In case of escheated funds of life insurance corporations,
the full name of the insured or annuitant, and his or her last
known address, according to the life insurance corporation's
records;

(3)    In the case of the contents of a safe deposit box or other
safekeeping repository or in the case of other tangible property,
a description of the property and the place where it is held and
may be inspected by the Controller.  The report shall set forth
any amounts owing to the holder for unpaid rent or storage
charges and for the cost of opening the safe deposit box or other
safekeeping repository, if any, in which the property was
contained.

(4)    The nature and identifying number, if any, or description of
any intangible property and the amount appearing from the records
to be due, except that items of value under twenty-five dollars ($25)
each may be reported in aggregate.

(5)    Except for any property reported in the aggregate, the date
when the property became payable, demandable, or returnable, and
the date of the last transaction with the owner with respect to
the property.

(6)    Other information which the Controller prescribes by rule as
necessary for the administration of this chapter.

(c)    If the holder is a successor to other persons who
previously held the property for the owner, or if the holder
has changed his or her name while holding the property, he or
she shall file with his or her report all prior known names
and addresses of each holder of the property.

(d)    The report shall be filed before November 1 of each year
as of June 30 or fiscal year-end next preceding, but the
report of life insurance corporations shall be filed before
May 1 of each year as of December 31 next preceding.  The
Controller may postpone the reporting date upon his or her own
motion or upon written request by any person required to file
a report.

(e)    The report, if made by an individual, shall be verified
by the individual; if made by a partnership, by a partner; if
made by an unincorporated association or private corporation,
by an officer; and if made by a public corporation, by its
chief fiscal officer or other employee authorized by the
holder.

1531.  (a) Within one year after payment or delivery of escheated
property as required by Section 1532, the Controller shall cause a
notice to be published, in a newspaper of general circulation
which the Controller determines is most likely to give notice to
the apparent owner of the property.  The Controller need not
publish any name the publication of which is not likely to give
notice to the apparent owner.

(b)    Each published notice shall be entitled "notice of names of
persons appearing to be owners of unclaimed property," and shall
contain the names in alphabetical order.

(c)    Each published notice shall also contain a statement that
information concerning the amount or description of the property
may be obtained by any persons possessing an interest in the
property by addressing any inquiry to the Controller.

(d)    The Controller is not required to publish in such notice any
item of less  than fifty dollars ($50) unless the Controller
deems the publication to be in the public interest.

(e)    Within 180 days after payment or delivery of escheated
property as required by Section 1532, the Controller shall mail a
notice to each person having an address listed therein who
appears to be entitled to property of the value of twenty-five
dollars ($25) or more escheated under this chapter.

(f)    This section is not applicable to sums payable on travelers
checks, money  orders, and similar written instruments that
escheat under subdivision c, (d), or (e) of Section 1513.

1532.  (a)   Every person filing a report as provided by Section 1530
shall pay or deliver to the Controller all escheated property
specified in the report at the same time the report is filed.

(b)    The holder of any interest under subdivision (b) of
Section 1516 shall deliver a duplicate certificate to the Controller.

Upon delivery of a duplicate certificate to the Controller, the holder
and any transfer agent, registrar or other person acting for or on
behalf of the holder in executing or delivering the duplicate
certificate shall be relieved from all liability of every kind to any
person including, but not limited to, any person acquiring the
original certificate or the duplicate of the certificate issued to the
Controller for any losses or damages resulting to that person by the
issuance and delivery to the Controller of such duplicate certificate.

(c)    Payment of any intangible property to the Controller shall
be made at the office of the Controller in Sacramento or at such
other location as the Controller by regulation may designate.
Except as otherwise agreed by the Controller and the holder,
tangible personal property shall be delivered to the Controller
at the place where it is held.

1532.1.Notwithstanding Sections 1531 and 1532, property escheating to
the state pursuant to Section 1514 shall not be paid or delivered
to the state until the earlier of (a) such time as the holder is
requested to do so by the Controller or (b) one year from the final
date for filing the report required by Section 1530 as specified in
subdivision (d) or (f) of Section 1530.  Within 180 days from the
final date for filing a report of the property as required by
Section 1530, the Controller shall mail a notice to each person
having an address listed therein who appears to be entitled to
property of the value of twenty-five dollars ($25) or more.
Within 180 days after receipt of property as provided by this section, the
Controller shall cause a notice to be published as provided in
Section 1531.

1533.  Tangible personal property may be excluded from the notices
required by Section 1531, shall not be delivered to the State
Controller, and shall not escheat to the state, if the State
Controller, in his discretion, determines that it is not in the
interest of the state to take custody of the property and notifies
the holder in writing, within 120 days from receipt of the report
required by Section 1530, of his determination not to take custody
of the property.

1540.  (a) Any person, excluding another state, who claims an
interest in property paid or delivered to the State Controller
under this chapter may file a claim to the property or to the net
proceeds from its sale.  The claim shall be on a form prescribed
by the State Controller and shall be verified by the claimant.

(b) The State Controller shall consider each claim within 90 days
after it is filed.  He may hold a hearing and receive evidence.
He shall give written notice to the claimant if he denies the
claim in whole or in part.  Such notice may be given by mailing
it to the address, if any, stated in the claim as the address to
which notices are to be sent.  If no such address is stated in
the claim, the notice may be mailed to the address, if any, of
the claimant as stated in the claim.  No notice of denial need be
given if the claim fails to state either an address to which
notices are to be sent or an address of the claimant.

(c)    The State Controller shall add interest at the rate of 5
percent compounded annually or the current interest rate
received upon deposits held in the Pooled Money Investment
Account, whichever is lower, to the amount of any claim paid
the owner under this section for the period the property was
on deposit in the Unclaimed Property Fund.  No interest shall
be payable for any period prior to January 1, 1977.

(d)    Any holder who pays to the owner, property which has
escheated to the state and which, if claimed from the State
Controller, would be subject to subdivision c may add interest
as provided in subdivision c.  Such added interest shall be
repaid to the holder by the State Controller in the same
manner as the principal.

(e)    For the purposes of this section, "owner" means the
person who had legal right to the property prior to its
escheat, his heirs, or his legal representative.

1541.  Any person aggrieved by a decision of the State
Controller or as to whose claim the Controller has failed to make a
decision within 90 days after the filing of the claim, may commence
an action, naming the State Controller as a defendant, to establish
his claim in the superior court in any county or city and county in
which the Attorney General has an office.  The action shall be
brought within 90 days after the decision of the State Controller
or within 180 days from the filing of the claim if the State
Controller fails to make a decision.  The summons and a copy of the
complaint shall be served upon the State Controller and the
Attorney General and the State Controller shall have 60 days within
which to respond by answer.  The action shall be tried without a
jury.

1542.  (a) At any time after property has been paid or delivered to
the State Controller under this chapter, another state is entitled
to recover the property if:

(1)    The property escheated to this state under subdivision

(b) of Section 1510 because no address of the apparent owner of the
property appeared on the records of the holder when the property was
escheated under this chapter, the last known address of the apparent
owner was in fact in such other state, and, under the laws of that
state, the property escheated to that state;

(2)    The last known address of the apparent owner of the property
appearing on the records of the holder is in such other state
and, under the laws of that state, the property has escheated to
that state;

(3)    The property is the sum payable on a travelers check, money
order, or other similar instrument that escheated to this state
under Section 1511, the travelers check, money order, or other
similar instrument was in fact purchased in such other state,
and, under the laws of that state, the property escheated to that
state; or

(4)    The property is funds held or owing by a life insurance
corporation that escheated to this state by application of the
presumption provided by subdivision (b) of Section 1515, the last
known address of the person entitled to the funds was in fact in
such other state, and, under the laws of that state, the property
escheated to that state.

(b)    The claim of another state to recover escheated property
under this section shall be presented in writing to the State
Controller, who shall consider the claim within 90 days after
it is presented.  He may hold a hearing and receive  evidence.
He shall allow the claim if he determines that the other state
is entitled to the escheated property.

(c)    Paragraphs (1) and (2) of subdivision (a) do not apply to
property described in paragraph (3) or (4) of that
subdivision.

1560.  (a) Upon the payment or delivery of escheated property to the
State Controller, the state shall assume custody and shall be
responsible for the safekeeping of the property.  Any person who
pays or delivers escheated property to the State Controller under
this chapter is relieved of all liability to the extent of the
value of the property so paid or delivered for any claim which then
exists or which thereafter may arise or be made in respect to the
property.  Property removed from a safe deposit box or other
safekeeping repository shall be received by the State Controller
subject to any valid lien of the holder for rent and other charges,
such rent and other charges to be paid out of the proceeds
remaining after the State Controller has deducted therefrom his
selling cost.

(b) Any holder who has paid moneys to the State Controller pursuant
to this chapter may make payment to any person appearing to such
holder to be entitled thereto, and upon filing proof of such
payment and proof that the payee was entitled thereto, the State
Conroller shall forthwith reimburse the holder for the payment
without deduction of any fee or other charges.  Where reimbursement
is sought for a payment made on a negotiable instrument (including
a travelers check or money order), the holder shall be reimbursed
under this subdivision upon filing proof that the instrument was
duly presented to him and that payment was made thereon to a person
who appeared to the holder to be entitled to payment.

(c)    The holder shall be reimbursed under this section even if he
made the payment to a person whose claim against him was barred
because of the expiration of any such period of time as those
described in Section 1570.

(d)    Any holder who has delivered personal property, including a
certificate of any interest in a business association, to the
State Controller pursuant to this chapter may reclaim such
personal property if still in the possession of the State
Controller without payment of any fee or other charges upon
filing proof that the owner thereof has claimed such personal
property from such holder.   The State Controller may, in his
discretion, accept an affidavit of the holder stating the facts
that entitle the holder to reimbursement under this subdivision
as sufficient proof for the purposes of this subdivision.

1561.  (a) If the holder pays or delivers escheated property to the
State Controller in accordance with this chapter and thereafter any
person claims the property from the holder or another state claims
the property from the holder under that state's laws relating to
escheat, the State Controller shall, upon written notice of such
claim, defend the holder against the claim and indemnify him
against any liability on the claim.

(b)    If any holder, because of mistake of law or fact, pays or
delivers any property to the State Controller that has not
escheated under this chapter and thereafter claims the property
from the State Controller, the State Controller shall, if he has
not disposed of the property in accordance with this chapter,
refund or redeliver the property to the holder without deduction
for any fee or other charge.

(c)    As used in this section, "escheated property" means property
which this chapter provides escheats to this state, whether or
not it is determined that another state had a superior right to
escheat such property at the time it was paid or delivered to the
State Controller or at some time thereafter.

1562.  When property other than money is delivered to the State
Controller under this chapter, any dividends, interest or other
increments realized or accruing on such property at or prior to
liquidation or conversion thereof into money, shall upon receipt be
credited to the owner's account by the State Conroller.  Except for
amounts so credited the owner is not entitled to receive income or
other increments on money or other property paid or delivered to
the State Controller under this chapter.  All interest received and
other income derived from the investment of moneys deposited in the
Unclaimed Property Fund under the provisions of this chapter shall,
on order of the State Controller, be transferred to the General
Fund.

1563.  (a) Except as provided in subdivision (b), all escheated
property delivered to the Controller under this chapter shall be
sold by the Controller to the highest bidder at public sale in
whatever city in the state affords in his or her judgment the most
favorable market for the property involved.  The Controller may
decline the highest bid and reoffer the property for sale if he or
she considers the price bid insufficient.  The Controller need not
offer any property for sale if, in his or her opinion, the probable
cost of sale exceeds the value of the property.  Any sale of
escheated property held under this section shall be preceded by a
single publication of notice thereof, at least one week in advance
of sale, in an English language newspaper of general circulation in
the county where the property is to be sold.

(b) Securities listed on an established stock exchange shall be
sold at the prevailing prices on that exchange within one year
following receipt by the Controller.  Other securities may be sold
over the counter at prevailing prices or, with prior approval of
the State Board of Control, by such other method as the Controller
may determine to be advisable.  United States government savings
bonds and United States war bonds shall be presented to the United
States for payment.  Subdivision (a) does not apply to the property
described in this subdivision.

(c)    The purchaser at any sale conducted by the Controller
pursuant to this chapter shall receive title to the property
purchased, free from all claims of the owner or prior holder
thereof and of all persons claiming through or under them.  The
Controller shall execute all documents necessary to complete the
transfer of title.

1564.  (a) All money received under this chapter, including the
proceeds from the sale of property under Section 1563, shall be
deposited in the Unclaimed Property Fund in an account titled
"Abandoned Property."

(b) Notwithstanding Section 13340 of the Government Code, all money
in the Abandoned Property Account in the Unclaimed Property Fund is
hereby continuously appropriated to the Controller, without regard
to fiscal years, for expenditure in accordance with law in carrying
out and enforcing the provisions of this chapter, including, but
not limited to, the following purposes:

(1)    For payment of claims allowed by the Controller under the
provisions of this chapter.

(2)    For refund, to the person making such deposit, of amounts,
including overpayments, deposited in error in such fund.

(3)    For payment of the cost of appraisals incurred by the
Controller covering property held in the name of an account in such
fund.

(4)    For payment of the cost incurred by the Controller for the
purchase of lost instrument indemnity bonds, or for payment to
the person entitled thereto, for any unpaid lawful charges or
costs which arose from holding any specific property or any
specific funds which were delivered or paid to the Controller, or
which arose from complying with this chapter with respect to such
property or funds.

(5)    For payment of amounts required to be paid by the state as
trustee, bailee, or successor in interest to the preceding owner.

(6)    For payment of costs incurred by the Controller for the
repair, maintenance, and upkeep of property held in the name of
an account in such fund.

(7)    For payment of costs of official advertising in connection
with the sale of property held in the name of an account in such
fund.

(8)    For transfer to the General Fund as provided in subdivision
c.

(9)    For transfer to the Inheritance Tax Fund of the amount of
any inheritance taxes determined to be due and payable to the
state by any claimant with respect to any property claimed by him
or her under the provisions of this chapter.

(c)    At the end of each month, or more often if he or she
deems it advisable, the Controller shall transfer all money in
the Abandoned Property Account in excess of fifty thousand
dollars ($50,000) to the General Fund.  Before making this
transfer, the Controller shall record the name and last known
address of each person appearing from the holders' report to
be entitled to the escheated property and the name and last
known address of each insured person or annuitant, and with
respect to each policy or contract listed in the report of a
life insurance corporation, its number, and the name of the
corporation.  The record shall be available for public
inspection at all reasonable business hours.

1565.  Any property delivered to the State Controller pursuant to
this chapter which has no apparent commercial value shall be
retained by the State Controller until such time as he determines
to destroy or otherwise dispose of it.  If the State Controller
determines that any property delivered to him pursuant to this
chapter has no apparent commercial value, he may at any time
thereafter destroy or otherwise dispose of the property, and in
that event no action or proceeding shall be brought or maintained
against the state or any officer thereof or against the holder for
or on account of any action taken by the State Controller pursuant
to this chapter with respect to the property.

1566.  (a) When payment or delivery of money or other property has
been made to any claimant under the provisions of this chapter, no
suit shall thereafter be maintained by any other claimant against
the state or any officer or employee thereof for or on account of
such property.

(b) Except as provided in Section 1541, no suit shall be maintained
by any person against the state or any officer or employee thereof
for or on account of any transaction entered into by the State
Controller pursuant to this chapter.

1567.  The Director of Parks and Recreation may examine any tangible
personal property delivered to the Controller under this chapter
for purposes of determining whether such property would be useful
under the provisions of Section 512 of the Public Resources Code.
If the director makes such a determination with respect to the
property, the Controller may deliver the property to the director
for use in carrying out the purposes of Section 512 of the Public
Resources Code.  Upon the termination of any such use, the director
shall return the property to the Controller.

1570.  The expiration of any period of time specified by statute or
court order, during which an action or proceeding may be commenced
or enforced to obtain payment of a claim for money or recovery of
property from the holder, does not prevent the money or property
from being escheated, nor affect any duty to file a report required
by this chapter or to pay or deliver escheated property to the
State Controller.

1571.  (a) The State Controller may at reasonable times and upon
reasonable notice examine the records of any person if he has
reason to believe that such person has failed to report property
that should have been reported pursuant to this chapter.

(b) When requested by the State Controller, such examination shall
be conducted by any licensing or regulating agency otherwise
empowered by the laws of this state to examine the records of the
holder.  For the purpose of determining compliance with this
chapter, the Superintendent of Banks and the Savings and Loan
Commisioner are hereby respectively vested with full authority to
examine the records of any banking organization and any savings and
loan association doing business within this state but not organized
under the laws of or created in this state.

1572.  (a) The State Controller may bring an action in a court of
appropriate jurisdiction, as specified in this section, for any of
the following purposes:

(1)    To enforce the duty of any person under this chapter to
permit the examination of the records of such person.

(2)    For a judicial determination that particular property is
subject to escheat by this state pursuant to this chapter.

(3)    To enforce the delivery of any property to the State
Controller as required under this chapter.

(b) The State Controller may bring an action under this chapter in any
court of this state of appropriate jurisdiction in any of the
following cases:

(1)    Where the holder is any person domiciled in this state, or
is a government or governmental subdivision or agency of this
state.

(2)    Where the holder is any person engaged in or transacting
business in this state, although not domiciled in this state.

(3)    Where the property is tangible personal property and is held
in this state.

(c)    In any case where no court of this state can obtain
jurisdiction over the holder, the State Controller may bring
an action in any federal or state court with jurisdiction over
the holder.

1573.  The State Controller may enter into an agreement to provide
information needed to enable another state to determine unclaimed
property it may be entitled to escheat if such other state or an
official thereof agrees to provide this state with information
needed to enable this state to determine unclaimed property it may
be entitled to escheat.  The State Controller may, by regulation,
require the reporting of information needed to enable him to comply
with agreements made pursuant to this section and may, by
regulation, prescribe the form, including verification, of the
information to be reported and the times for filing the reports.

1574.  At the request of another state, the Attorney General of this
state may bring an action in the name of the other state, in any
court of appropriate jurisdiction of this state or federal court
within this state, to enforce the unclaimed property laws of the
other state against a holder in this state of property subject to
escheat by the other state, if:

(a)    The courts of the other state cannot obtain jurisdiction
over the holder;

(b)    The other state has agreed to bring actions in the name of
this state at the request of the Attorney General of this state
to enforce the provisions of this chapter against any person in
the other state believed by the State Controller to hold property
subject to escheat under this chapter, where the courts of this
state cannot obtain jurisdiction over such person; and

(c)    The other state has agreed to pay reasonable costs incurred
by the Attorney General in bringing the action.

1575.  (a) If the State Controller believes that a person in another
state holds property subject to escheat under this chapter and the
courts of this state cannot obtain jurisdiction over that person,
the Attorney General of this state may request an officer of the
other state to bring an action in the name of this state to enforce
the provisions of this chapter against such person.

(b) This state shall pay all reasonable costs incurred by the other
state in any action brought under the authority of this section.
The State Controller may agree to pay to any state bringing such an
action a reward not to exceed fifteen percent of the value, after
deducting reasonable costs, of any property recovered for this
state as a direct or indirect result of such action.  Any costs or
rewards paid pursuant to this section shall be paid from the
Abandoned Property Account in the Unclaimed Property Fund and shall
not be deducted from the amount that is subject to be claimed by
the owner in accordance with this chapter.

1576.  (a) Any person who willfully fails to render any report or
perform other duties required under this chapter shall be punished
by a fine of twenty dollars ($20) for each day such report is
withheld or such duty is not performed, but not more than two
thousand dollars ($2,000).

(b) Any person who willfully refuses to pay or deliver escheated
property to the State Controller as required under this chapter
shall be punished by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or
imprisonment for not more than six months, or both.

1577.  In addition to any damages, penalties, or fines for which a
person may be liable under other provisions of law, any person who
fails to report or pay or deliver unclaimed property within the
time prescribed by this chapter, shall pay to the State Controller
interest at the rate of 12 percent per annum on such property or
value thereof from the date such property should have been paid or
delivered.

1580.  The State Controller is hereby authorized to make necessary
rules and regulations to carry out the provisions of this
chapter.

1581.  (a) Any business association that sells in this state its
travelers checks, money orders, or other similar written
instruments (other than third-party bank checks) on which such
business association is directly liable, or that provides such
travelers checks, money orders, or similar written instruments to
others for sale in this state, shall maintain a record indicating
those travelers checks, money orders, or similar written
instruments that are purchased from it in this state.

(b) The record required by this section may be destroyed after it
has been retained for such reasonable time as the State
Controller shall designate by regulation.

(c)    Any business association that willfully fails to comply
with this section is liable to the state for a civil penalty
of five hundred dollars ($500) for each day of such failure to
comply, which penalty may be recovered in an action brought by
the State Controller.

1582.  No agreement to locate, deliver, recover, or assist in the
recovery of property reported under Section 1530, entered into
between the date a report is filed under subdivision (d) of
Section 1530 and the date of publication of notice under Section 1531
is valid.  Such an agreement made after publication of notice is valid
if the fee or compensation agreed upon is not in excess of 10
percent of the recoverable property and the agreement is in writing
and signed by the owner after disclosure in the agreement of the
nature and value of the property and the name and address of the
person or entity in possession of the property.  Nothing in this
section shall be construed to prevent an owner from asserting, at
any time, that any agreement to locate property is based upon an
excessive or unjust consideration.

Notwithstanding any other provision of law, records of the
Controller's office pertaining to unclaimed property are not
available for public inspection or copying until after publication
of notice of the property or, if publication of notice of the
property is not required, until one year after delivery of the
property to the Controller.

1600.  It is the policy of this State:

(a)    To discover property in the custody of officers,
departments, and agencies of the United States, which property is
unclaimed by owners whose addresses are known or presumed to be
in this State;

(b)    To provide a procedure for judicial determination of the
right of the State to receive custody of such unclaimed property;
and

(c)    To authorize expenditure of state funds to pay the
proportionate cost of the State in discovering such unclaimed
property and to hold the United States harmless against claims
concerning such property when delivered to the custody of the
State in accordance with this chapter.

1601.  As used in this chapter:

(a)    "Unclaimed property" means any tangible personal property or
intangible personal property, including choses in action in
amounts certain, and all debts owed or entrusted funds or other
property held by any federal agency or any officer or employee
thereof, whether occasioned by contract or operation of law or
otherwise, except bonuses and gratuities, which has remained
unclaimed by the owner for:

(1)    Twenty years from the date of maturity or call for
payment, if arising from transactions under the public debt;
or

(2)    Twenty years after the last transaction concerning
principal or interest, if deposits in the postal savings
system; or

(3)    Five years after the property first became payable,
demandable, or returnable, if arising from any other
transaction.

(b)    "Owner" means any person, including his legal
representative, who has or had a legal or equitable interest in
unclaimed property.  The owner shall be conclusively presumed to
be the person to whom unclaimed property was or is payable or
returnable according to the records of the United States
Government.  If two or more persons are interested in the
property, and the extent of their respective interests is
unknown, it shall be presumed that their interests in such
property are equal.

(c)    "Person" includes any individual, partnership, corporation,
unincorporated association, or other legal entity.

1602.  The Controller is authorized to enter into agreements
establishing the time and manner for payments of this State's
proportionate share of the actual and necessary cost incurred by
the United States in examining records and reporting information to
this State as such share of such cost shall be determined pursuant
to federal law.  Said agreements may provide for single payments at
stated times over a period of years.  The State Controller shall
make all payments at the time and in the manner provided in said
agreements.

1603.  The State hereby undertakes to hold the United States harmless
against any claim concerning property delivered to the custody of
the State in accordance with the provisions of this chapter.  In
the event an action or proceeding on such claim is brought against
the United States the Attorney General shall intervene therein.
The State consents to suit by such claimant in such contingency and
any defense in favor of the United States shall be available to and
urged by the State.

1604.  (a) All unclaimed intangible property, together with all
interest and other increments accruing thereto, is subject to
delivery to this state if the last known address of the owner is in
this state.  If the last known address of an owner is in this
state, any other owner's address which is unknown shall be presumed
to be in this state.  If the last known addresses of owners are in
this state and in one or more other states, the addresses of other
owners whose addresses are unknown shall be presumed to be within
this state if the federal agency having custody of the unclaimed
property initially acquired possession in this state.  If the
records of the United States do not disclose the address of any
owner of unclaimed property, such address shall be presumed to be
within this state if the federal agency having custody of such
property initially acquired possession in this state.  All
addresses presumed to be within this state are presumed to be
within the County of Sacramento.  For the purposes of this chapter,
it shall be presumed that the situs of unclaimed intangible
property is in this state if the last known or presumed address of
the owner is in this state.

(b) All unclaimed tangible property is subject to delivery to this
state if the federal agency having custody of the unclaimed
property initially acquired possession in this state.

1605.  The Governor shall certify to the Comptroller General or other
proper officer of the United States that the law of this State
provides effective means whereby the United States shall be
compensated at reasonable times for this State's proportionate
share of the actual and necessary cost of examining records and for
reporting information and whereby the United States shall be held
harmless in the event of claim for property delivered to this State
in accordance with the provisions of this chapter.
Such certification shall be made on the thirtieth day of June next
following the effective date of any federal statute requiring such
certification.

1606.  On the thirtieth day of June next following the date of
certification by the Governor, and annually thereafter, the
Controller shall request the Comptroller General or other proper
officer of the United States to report all previously unreported
information relating to unclaimed property as determined by that
officer pursuant to federal law.

1607.  When a report is received from the Comptroller General or
other proper officer of the United States, the Controller shall
prepare and forward a copy thereof to the county clerk of each
county within this State and the said clerk shall post such copy at
the courthouse for a period of 60 days.  Any person asserting an
interest in property mentioned in the report may elect to claim
against the United States under the laws of the United States, in
which event and within 90 days following the date of initial
posting by the county clerk such person shall notify the State
Controller of his asserted interest and intention to so claim.  The
Controller shall omit such property from any claim by the State
until such time as the asserted interest may be finally determined
against the claimant.  Such interest shall not thereafter be
asserted against the State.

1608.  The expiration of any period of time specified by statute or
court order, during which an action or proceeding may be commenced
or enforced to obtain payment of a claim for funds or delivery of
property shall not affect the right of this State to acquire
possession of unclaimed property in accordance with the provisions
of this chapter.

1609.  Within 120 days following the date of initial posting by the
county clerk, the Attorney General shall commence a proceeding by
filing a petition to determine the State's right to custody of all
property mentioned in such report and unclaimed within the time and
in the manner provided by Section 1607.  The proceeding shall be
commenced and heard in the superior court in the County of
Sacramento and venue shall not be affected by the provisions of
Section 401, Code of Civil Procedure.

The petition shall name as respondents all persons known to have
been interested and "all persons unknown claiming any title or
interest in or to the property described or referred to in the
petition."  If the records of the United States fail to disclose
with reasonable certainty the identity or number of owners or
claimants of specific funds or other personal property, or the
extent of their interests therein, such persons may be designated
and described as a class, to wit, as "all unknown owners or
claimants to the funds or property mentioned in or affected by
____," and, as the case may be, the petition shall identify and set
forth the court actions or proceedings to the credit of which such
funds or other property are held, or the accounts or other
identifying references under which they are carried upon the
records of the United States.  The petition shall describe or refer
to the property, and may include one or more items, as the Attorney
General may be advised, without prejudice to his right to commence
subsequent proceedings relating to other items not included. The
petition shall also state the name of the owner and his last
address as known or as presumed under this chapter, and shall set
forth the facts and circumstances by virtue of which it is claimed
that such funds or property are subject to custody by the State.
Any number of respondents may be joined whether they reside in the
same or different counties, and any number of causes of action may
be joined and need not be separately stated.

1610.  No summons or other process shall issue to direct the
appearance and answer of a respondent.  Commencing within five days
after filing petition, notice of the proceeding shall be published
once each week for three consecutive weeks in a newspaper of
general circulation published within the County of Sacramento.  At
the time the notice is first published, a copy of the petition and
notice shall be posted at the courthouse in the county where each
defendant was last known or presumed to have had an address.  Such
petition and such notice shall remain posted for 45 days.  The
notice of proceeding shall advise that the State seeks custody of
unclaimed property held by the United States.  The names but not
the addresses of the respondents shall be contained in the notice
with a statement that such persons are believed to live or to have
lived within the State and are believed to be or to have been
owners of the unclaimed property. The notice shall not contain a
description of the unclaimed property but shall advise that such
description together with the last known or presumed addresses of
owners may be determined by examining the petition filed in the
proceeding.  The petition and its place of filing shall be
sufficiently identified and described.  The notice shall advise
that persons claiming an interest must answer the petition within
the time prescribed by law, which time shall be stated, if they
elect to pursue their claims against the United States, otherwise
their rights to property shall be preserved subject to delayed
delivery as provided by law.  The notice shall advise that
Section 1611, Code of Civil Procedure, should be consulted
for the time, form, and costs of an answer.

The notice shall be deemed completed 45 days after the date of
first publication, whereupon the court shall have full and complete
jurisdiction over the property described in the petition and not
claimed within the time or in the manner provided in Section 1611,
and shall have full and complete jurisdiction to determine the
right of the State to custody and to render an appropriate judgment
therefor.

1611.  Any person, whether or not named in the petition, may
within 15 days after completion of notice respond to the petition by
answer describing the property, asserting an interest as owner or
successor, and declaring an intention to claim the same from the
United States under the laws of the United States.  Such answer
shall not be filed unless accompanied by the sum of ten dollars ($10)
for deposit in court, and no other answer or response shall
be filed by or on behalf of a claimant.  The court shall strike
from the petition and dismiss from the proceeding all property
described in the answer.  The funds on deposit shall be transmitted
by the court to the Controller and shall be received for deposit in
the abandoned property account in the Unclaimed Property Fund as
total reimbursement for costs and services expended on behalf of
the claimant.  Such dismissal shall be without prejudice to a
subsequent petition should it appear that the claimant is not
entitled to the property, and the interest asserted in said answer
shall not thereafter be asserted against the State.

1612.  Within 20 days following expiration of time for filing answer
under Section 1611, the Attorney General shall apply to the court
for a judgment relating to all property set forth in the petition
and not claimed by answer. The court shall find that such property
appears to be or to have been owned by persons residing within this
State and remains unclaimed by such persons.  The court shall
declare that the property, which shall be described, is subject to
custody of the State and shall be delivered to and received by the
State of California to be retained until such time as it may be
claimed pursuant to law.

1613.  The Controller shall request delivery or payment of all
unclaimed property described in the judgment declaring the right of
the State to receive custody of such property.  The request shall
be accompanied by a certified copy of said judgment and shall be
directed to such officer, agency, or department of the United
States as may be designated for such purposes by federal law.  The
Controller shall furnish receipts for all property delivered or
paid.

1614.  Property received under this chapter shall be deposited or
sold by the State Controller as though received under
Chapter 7 (commencing with Section 1500) of this title.  Property received
under this chapter shall not be subject to claim within two years
following the date upon which it is paid to or received by the
state.  Thereafter, claims shall be made in the manner provided in
Chapter 7 (commencing with Section 1500) of this title.

1615.  All money in the abandoned property account in the
Unclaimed Property Fund is hereby continuously appropriated to the
State Controller without regard to fiscal years, for expenditure in
accordance with this chapter for the following purposes:

(a)    For payment of the proportionate costs of this State
pursuant to the terms of any contract entered with the United
States;

(b)    For payment of sums necessary to indemnify the United
States for losses occasioned by claims to property delivered to the
custody of this State.

1710.10.  As used in this chapter:

(a)    "Judgment creditor" means the person or persons who can
bring an action to enforce a sister state judgment.

(b)    "Judgment debtor" means the person or persons against whom
an action to enforce a sister state judgment can be brought.

(c)    "Sister state judgment" means that part of any judgment,
decree, or order of a court of a state of the United States,
other than California, which requires the payment of money, but
does not include a support order as defined in Section 155 of the
Family Code.

1710.15.  (a) A judgment creditor may apply for the entry of a
judgment based  on a sister state judgment by filing an
application pursuant to Section 1710.20.

(b) The application shall be executed under oath and shall
include all of the  following:

(1)    A statement that an action in this state on the sister state
judgment is not barred by the applicable statute of limitations.

(2)    A statement, based on the applicant's information and
belief, that no stay of enforcement of the sister state judgment
is currently in effect in the sister state.

(3)    A statement of the amount remaining unpaid under the sister
state judgment and, if accrued interest on the sister state
judgment is to be included in the California judgment, a
statement of the amount of interest accrued on the sister state
judgment (computed at the rate of interest applicable to the
judgment under the law of the sister state), a statement of the
rate of interest applicable  to the judgment under the law of the
sister state, and a citation to the law of the sister state
establishing the rate of interest.

(4)    A statement that no action based on the sister state
judgment is currently pending in any court in this state and that
no judgment based on the sister state judgment has previously
been entered in any proceeding in this state.

(5)    Where the judgment debtor is an individual, a statement
setting forth the  name and last known residence address of the
judgment debtor.  Where the judgment debtor is a corporation, a
statement of the corporation's name, place of incorporation, and
whether the corporation, if foreign, has qualified to do business
in this state under the provisions of Chapter 21 (commencing with
Section 2100) of Division 1 of Title 1 of the Corporations Code.
Where the judgment debtor is a partnership, a statement of the
name of the partnership, whether it is a foreign partnership,
and, if it is a foreign partnership, whether it has filed a
statement pursuant to Section 15800 of the Corporations Code
designating an agent for service of process.  Except for facts
which are matters of public record in this state, the statements
required by this paragraph may be made on the basis of the
judgment creditor's information and belief.

(6)    A statement setting forth the name and address of the
judgment creditor.

(c)    A properly authenticated copy of the sister state
judgment shall be attached to the application.

1710.20.  (a) The application shall be filed in a municipal or justice
court in all cases in which the sister state judgment amounts to
twenty-five thousand dollars ($25,000) or less and in a superior court
in all other cases.

(b) Subject to the power of the court to transfer proceedings under
this chapter pursuant to Title 4 (commencing with Section 392) of
Part 2, the proper county for the filing of an application is any of the
following:

(1)    The county in which any judgment debtor resides; or

(2)    If no judgment debtor is a resident, any county in this
state.

1710.25.  (a) Upon the filing of the application, the clerk shall
enter a judgment based upon the application for the total of the
following amounts as shown  therein:

(1)    The amount remaining unpaid under the sister state judgment.

(2)    The amount of interest accrued on the sister state
judgment (computed at the rate of interest applicable to the judgment
under the law of the sister state).

(3)    The amount of the fee for filing the application for entry
of the sister state judgment.

(b) Entry shall be made in the same manner as entry of an original
judgment of the court.  From the time of entry, interest shall accrue
on the judgment so entered at the rate of interest applicable to a
judgment entered in this state.

1710.30.  (a) Notice of entry of judgment shall be served promptly by
the judgment creditor upon the judgment debtor in the manner provided
for service of summons by Article 3 (commencing with Section 415.10)
of Chapter 4 of Title 5 of Part 2.  Notice shall be in a form
prescribed by the Judicial Council and shall inform the judgment
debtor that the judgment debtor has 30 days within which to make a
motion to vacate the judgment.

(b) The fee for service of the notice of entry of judgment under this
section is an item of costs recoverable in the same manner as
statutory fees for service of a writ as provided in
Chapter 5 (commencing with Section 685.010) of Division 1 of Title 9
of Part 2, but such fee may not exceed the amount allowed to a public
officer or employee in this state for such service.

1710.35.  Except as otherwise provided in this chapter, a judgment
entered pursuant to this chapter shall have the same effect as an
original money judgment of the court and may be enforced or satisfied
in like manner.

1710.40.  (a) A judgment entered pursuant to this chapter may be
vacated on any ground which would be a defense to an action in this
state on the sister state judgment, including the ground that the
amount of interest accrued on the sister state judgment and included
in the judgment entered pursuant to this chapter is incorrect.

(b) Not later than 30 days after service of notice of entry of
judgment pursuant to Section 1710.30, proof of which has been made in
the manner provided by Article 5 (commencing with Section 417.10) of
Chapter 4 of Title 5 of Part 2, the judgment debtor, on written notice
to the judgment creditor, may make a motion to vacate the judgment
under this section.

(c)    Upon the hearing of the motion to vacate the judgment under
this section, the judgment may be vacated upon any ground
provided in subdivision (a) and another and different judgment
entered, including, but not limited to, another and different
judgment for the judgment creditor if the decision of the court
is that the judgment creditor is entitled to such different
judgment.  The decision of the court on the motion to vacate the
judgment shall be given and filed with the clerk of court in the
manner provided in Sections 632, 634, and 635, except that the
court is not required to make any written findings and
conclusions if the amount of the judgment as entered under
Section 1710.25 does not exceed one thousand dollars ($1,000).

1710.45.  (a) Except as otherwise provided in this section, a writ of
execution on a judgment entered pursuant to this chapter shall not
issue, nor may the judgment be enforced by other means, until at
least 30 days after the judgment creditor serves notice of entry of the
judgment upon the judgment debtor, proof of  which has been made in
the manner provided by Article 5 (commencing with Section 417.10) of
Chapter 4 of Title 5 of Part 2.

(b) A writ of execution may be issued, or other enforcement sought,
before service of the notice of entry of judgment if the judgment
debtor is any of the following:

(1)    An individual who does not reside in this state.

(2)    A foreign corporation not qualified to do business in this
state under the provisions of Chapter 21 (commencing with
Section 2100) of Division 1 of Title 1 of the Corporations Code.

(3)    A foreign partnership which has not filed a statement
pursuant to Section  15700 of the Corporations Code designating
an agent for service of process.

(c)    The court may order that a writ of execution be issued,
or may permit enforcement by other means, before service of
the notice of entry of judgment if the court finds upon an ex
parte showing that great or irreparable injury would result to
the judgment creditor if issuance of the writ or enforcement
were delayed as provided in subdivision (a).

(d)    Property levied upon pursuant to a writ issued under
subdivision (b) or c or otherwise sought to be applied to the
satisfaction of the judgment shall not be sold or distributed
before 30 days after the judgment creditor serves notice of
entry of the judgment upon the judgment debtor, proof of which
has been made in the manner provided by Article 5 (commencing
with Section 417.10) of Chapter 4 of Title 5 of Part 2.

However, if property levied upon is perishable, it may be sold
in order to prevent its destruction or loss of value, but the
proceeds of the sale shall not be distributed to the judgment
creditor before the date sale of nonperishable property is
permissible.

1710.50.  (a) The court shall grant a stay of enforcement where:

(1)    An appeal from the sister state judgment is pending or may
be taken in the state which originally rendered the judgment.
Under this paragraph, enforcement shall be stayed until the
proceedings on appeal have been concluded or the time for appeal
has expired.

(2)    A stay of enforcement of the sister state judgment has been
granted in the sister state.  Under this paragraph, enforcement
shall be stayed until the sister state stay of enforcement
expires or is vacated.

(3)    The judgment debtor has made a motion to vacate pursuant to
Section 1710.40.  Under this paragraph, enforcement shall be
stayed until the judgment debtor's motion to vacate is
determined.

(4)    Any other circumstance exists where the interests of justice
require a stay of enforcement.

(b) The court may grant a stay of enforcement under this section on
its own motion, on ex parte motion, or on noticed motion.

(c)    The court shall grant a stay of enforcement under this
section on such terms and conditions as are just including but
not limited to the following:

(1)    The court may require an undertaking in an amount it
determines to be just, but the amount of the undertaking shall
not exceed double the amount of the judgment creditor's claim.

(2)    If a writ of execution has been issued, the court may
order that it remain in effect.

(3)    If property of the judgment debtor has been levied upon
under a writ of execution, the court may order the levying
officer to retain possession of the property capable of
physical possession and to maintain the levy on other
property.

1710.55.  No judgment based on a sister state judgment may be entered
pursuant to this chapter in any of the following cases:

(a)    A stay of enforcement of the sister state judgment is
currently in effect in the sister state.

(b)    An action based on the sister state judgment is currently
pending in any court in this state.

(c)    A judgment based on the sister state judgment has previously
been entered in any proceeding in this state.

1710.60.  (a) Except as provided in subdivision (b), nothing in this chapter
affects any right a judgment creditor may have to bring an action
to enforce a sister state judgment.

(b) No action to enforce a sister state judgment may be brought
where a judgment based on such sister state judgment has
previously been entered pursuant to this chapter.

1710.65.  The entry of a judgment based on a sister state judgment
pursuant to this chapter does not limit the right of the judgment
creditor to bring an action based on the part of a judgment of a sister
state which does not require the payment of money, nor does the
bringing of such an action limit the right of the judgment
creditor to obtain entry of judgment based on the sister state
judgment pursuant to this chapter.

1713.  This chapter may be cited as the Uniform Foreign
Money-Judgments Recognition Act.

1713.1. As used in this chapter:

(1)    "Foreign state" means any governmental unit other than the
United States, or any state, district, commonwealth, territory,
insular possession thereof, or the Panama Canal Zone, or the
Trust Territory of the Pacific Islands;

(2)    "Foreign judgment" means any judgment of a foreign state
granting or denying recovery of a sum of money, other than a
judgment for taxes, a fine or other penalty, or a judgment for
support in matrimonial or family matters.

1713.2.This chapter applies to any foreign judgment that is final and
conclusive and enforceable where rendered even though an appeal
therefrom is pending or it is subject to appeal.

1713.3.Except as provided in Section 1713.4, a foreign judgment
meeting the requirements of Section 1713.2 is conclusive between
the parties to the extent that it grants or denies recovery of a
sum of money.  The foreign judgment is enforceable in the same
manner as the judgment of a sister state which is entitled to full
faith and credit, except that it may not be enforced pursuant to
the provisions of Chapter 1 (commencing with Section 1710.10) of
this title.

1713.4.(a) A foreign judgment is not conclusive if

(1)    The judgment was rendered under a system which does not
provide impartial tribunals or procedures compatible with the
requirements of due process of law;

(2)    The foreign court did not have personal jurisdiction over
the defendant; or

(3)    The foreign court did not have jurisdiction over the subject
matter.

(b) A foreign judgment need not be recognized if

(1)    The defendant in the proceedings in the foreign court did
not receive notice of the proceedings in sufficient time to
enable him to defend;

(2)    The judgment was obtained by extrinsic fraud;

(3)    The cause of action or defense on which the judgment is
based is repugnant to the public policy of this state;

(4)    The judgment conflicts with another final and conclusive
judgment;

(5)    The proceeding in the foreign court was contrary to an
agreement between the parties under which the dispute in question
was to be settled otherwise than by proceedings in that court; or

(6)    In the case of jurisdiction based only on personal service,
the foreign court was a seriously inconvenient forum for the
trial of the action.

1713.5.(a) The foreign judgment shall not be refused recognition for
lack of personal jurisdiction if

(1)    The defendant was served personally in the foreign state;

(2)    The defendant voluntarily appeared in the proceedings, other
than for the purpose of protecting property seized or threatened
with seizure in the proceedings or of contesting the jurisdiction
of the court over him;

(3)    The defendant prior to the commencement of the proceedings
had agreed to submit to the jurisdiction of the foreign court
with respect to the subject matter involved;

(4)    The defendant was domiciled in the foreign state when the
proceedings were instituted, or, being a body corporate had its
principal place of business, was incorporated, or had otherwise
acquired corporate status, in the foreign state;

(5)    The defendant had a business office in the foreign state and
the proceedings in the foreign court involved a cause of action
arising out of business done by the defendant through that office
in the foreign state; or

(6)    The defendant operated a motor vehicle or airplane in the
foreign state and the proceedings involved a cause of action
arising out of such operation.

(b) The courts of this state may recognize other bases of
jurisdiction.

1713.6. If the defendant satisfies the court either that an appeal is
pending or that he is entitled and intends to appeal from the
foreign judgment, the court may stay the proceedings until the
appeal has been determined or until the expiration of a period of
time sufficient to enable the defendant to prosecute the appeal.

1713.7. This chapter does not prevent the recognition or
nonrecognition of a foreign judgment in situations not covered by
this chapter.

1713.8. This chapter shall be so construed as to effectuate its
general purpose to make uniform the law of those states which enact
it.


1775.  The Legislature finds and declares that:

(a)    The peaceful resolution of disputes in a fair, timely,
appropriate, and cost-effective manner is an essential function
of the judicial branch of state government under Article VI of
the California Constitution.

(b)    In the case of many disputes, litigation culminating in a
trial is costly, time consuming, and stressful for the parties
involved.  Many disputes can be resolved in a fair and equitable
manner through less formal processes.

(c)    Alternative processes for reducing the cost, time, and
stress of dispute resolution, such as mediation, have been
effectively used in California and elsewhere.  In appropriate
cases mediation provides parties with a simplified and economical
procedure for obtaining prompt and equitable resolution of their
disputes and a greater opportunity to participate directly in
resolving these disputes.  Mediation may also assist to reduce
the backlog of cases burdening the judicial system.  It is in the
public interest for mediation to be encouraged and used where
appropriate by the courts.

(d)    Mediation and similar alternative processes can have the
greatest benefit for the parties in a civil action when used
early, before substantial discovery and other litigation costs
have been incurred.  Where appropriate, participants in disputes
should be encouraged to utilize mediation and other alternatives
to trial for resolving their differences in the early stages of a
civil action.

(e)    As a pilot project in Los Angeles County and in other
counties which elect to apply this title, courts should be able
to refer cases to appropriate dispute resolution processes such
as judicial arbitration and mediation as an alternative to trial,
consistent with the parties' right to obtain a trial if a dispute
is not resolved through an alternative process.

(f)    The purpose of this title is to encourage the use of court-
annexed alternative dispute resolution methods in general, and
mediation in particular.  It is estimated that the average cost
to the court for processing a civil case of the kind described in
Section 1775.3 through judgment is three thousand nine hundred
forty-three dollars ($3,943) for each judge day, and that a
substantial portion of this cost can be saved if these cases are
resolved before trial.

The Judicial Council, through the Administrative Office of the Courts,
shall conduct a survey to determine the number of cases resolved by
alternative dispute resolution authorized by this title, and shall
estimate the resulting savings realized by the courts and the parties.
The results of the survey shall be included in the report submitted
pursuant to Section 1775.14.  The programs authorized by this title
shall be deemed successful if they result in estimated savings of at
least two hundred fifty thousand dollars ($250,000) to the courts and
corresponding savings to the parties.

1775.1.(a) As used in this title:

(1)    "Court" means a superior court, municipal court, or justice
court.

(2)    "Mediation" means a process in which a neutral person or
persons facilitate communication between the disputants to assist
them in reaching a mutually acceptable agreement.

(b) Unless otherwise specified in this title or ordered by the
court, any act to be performed by a party may also be performed
by his or her counsel of record.

1775.10.    All statements made by the parties during the mediation
shall be subject to Sections 1152 and 1152.5 of the Evidence Code.

1775.11.    Any party who participates in mediation pursuant to
Section 1775.3 shall retain the right to obtain discovery to the
extent available under the Civil Discovery Act of 1986,
Article 3 (commencing with Section 2016) of Chapter 3 of Title 3
of Part 4.

1775.12.    Any reference to the mediation or the statement of
nonagreement filed pursuant to Section 1775.9 during any subsequent
trial shall constitute an irregularity in the proceedings of the
trial for the purposes of Section 657.

1775.13.    It is the intent of the Legislature that nothing in this
title be construed to preempt other current or future alternative
dispute resolution programs operating in the trial courts.

1775.14.    On or before January 1, 1998, the Judicial Council shall
submit a report to the Legislature concerning court alternative
dispute resolution programs.  This report shall include, but not be
limited to, a review of programs operated in Los Angeles County and
other courts that have elected to apply this title, and shall
examine, among other things, the effect of this title on the
judicial arbitration programs of courts that have participated in
that program.

(b) The Judicial Council shall, by rule, require that each court
applying this title file with the Judicial Council such data as
will enable the Judicial Council to submit the report required by
subdivision (a).

1775.15.    Notwithstanding any other provision of law except the
provisions of this title, the Judicial Council shall provide by
rule for all of the following:

(a)    The procedures to be followed in submitting actions to
mediation under this act.

(b)    Coordination of the procedures and processes under this act
with those under the trial Court Delay Reduction Act,
Article 5 (commencing with Section 68600) of Chapter 2 of Title 8
of the Government Code.

(c)    Exceptions for cause from provisions of this title.  In
providing for exceptions, the Judicial Council shall take into
consideration whether the civil action might not be amenable to
mediation.

1775.16.    This title shall remain in effect only until January 1, 1999,
and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1999, deletes or
extends that date.

1775.2.(a) This title shall apply to the courts of the County of Los
Angeles.

(b) A court of any county, at the option of the presiding judge,
may elect whether or not to apply this title to eligible actions
filed in that court, and this title shall not apply in any court
which has not so elected.  An election under this subdivision may
be revoked by the court at any time.

(c)    Courts are authorized to apply this title to all civil
actions pending or commenced on or after January 1, 1994.

1775.3.(a) In the courts of the County of Los Angeles and in other
courts that elect to apply this title, all at-issue civil actions
in which arbitration is otherwise required pursuant to
Section 1141.11, whether or not the action includes a prayer for equitable
relief, may be submitted to mediation by the presiding judge or the
judge designated under this title as an alternative to judicial
arbitration pursuant to Chapter 2.5 (commencing with
Section 1141.10) of Title 3.

(b) Any civil action otherwise within the scope of this title in
which a party to the action is a public agency or public entity may
be submitted to mediation pursuant to subdivision (a).

1775.4.An action that has been ordered into arbitration pursuant to
Section 1141.11 or 1141.12 may not be ordered into mediation under
this title, and an action that has been ordered into mediation
pursuant to Section 1775.3 may not be ordered into arbitration
pursuant to Section 1141.11.

1775.5.The court shall not order a case into mediation where the
amount in controversy exceeds fifty thousand dollars ($50,000).
The determination of the amount in controversy shall be made in the
same manner as provided in Section 1141.16 and, in making this
determination, the court shall not consider the merits of questions
of liability, defenses, or comparative negligence.

1775.6.In actions submitted to mediation pursuant to Section 1775.3,
a mediator shall be selected for the action within 30 days of its
submission to mediation.  The method of selection and qualification
of the mediator shall be as the parties determine.  If the parties
are unable to agree on a mediator within 15 days of the date of
submission of the action to mediation, the court may select a
mediator pursuant to standards adopted by the Judicial Council.

1775.7.(a) Submission of an action to mediation pursuant to this
title shall not suspend the running of the time periods specified
in Chapter 1.5 (commencing with Section 583.110) of Title 8 of 
Part 2, except as provided in this section.

(b) If an action is or remains submitted to mediation
pursuant to this title more than four years and six months after
the plaintiff has filed the action, then the time beginning on
the date four years and six months after the plaintiff has filed
the action and ending on the date on which a statement of
nonagreement is filed pursuant to Section 1775.9 shall not be
included in computing the five-year period specified in
Section 583.310.

1775.8.(a) The compensation of court-appointed mediators shall
be the same as the compensation of arbitrators pursuant to
Section 1141.18, except that no compensation shall be paid prior to the
filing of a statement of nonagreement by the mediator pursuant to
Section 1775.9 or prior to settlement of the action by the parties.

(b) All administrative costs of mediation, including compensation
of mediators, shall be paid in the same manner as for arbitration
pursuant to Section 1141.28.  Funds allocated for the payment of
arbitrators under the judicial arbitration program shall be equally
available for the payment of mediators under this title.

1775.9.(a) In the event that the parties to mediation are unable to
reach a mutually acceptable agreement and any party to the
mediation wishes to terminate the mediation, then the mediator
shall file a statement of nonagreement.  This statement shall be in
a form to be developed by the Judicial Council.

(b) Upon the filing of a statement of nonagreement, the matter
shall be calendared for trial, by court or jury, both as to law and
fact, insofar as possible, so that the trial shall be given the
same place on the active list as it had prior to mediation, or
shall receive civil priority on the next setting calendar.

1800.  (a) In this section:

(1)    The term "insolvent" means:

(A)    With reference to a person other than a partnership, a
financial condition such that the sum of the person's debts
is greater than all of the person's property, at a fair
valuation, exclusive of both of the following:

(i)    Property transferred, concealed, or removed with
intent to hinder, delay, or defraud the person's
creditors.

(ii)   Property that is exempt from property of the estate
pursuant to the election of the person made pursuant to
Section 1801.

(B)    With reference to a partnership, financial condition such
that the sum of the partnership's debts are greater than the
aggregate of, at a fair valuation, both of the following:

(i)    All of the partnership's property, exclusive of property
of the kind specified in subparagraph (A)(i).

(ii)   The sum of the excess of the value of each general
partner's separate property, exclusive of property of the kind
specified in subparagraph (A)(ii), over the partner's separate
debts.

(2)    The term "inventory" means personal property leased or
furnished, held for sale or lease, or to be furnished under
a contract for service, raw materials, work in process, or
materials used or consumed in a business, including farm
products such as crops or livestock, held for sale or lease.

(3)    The term "insider" means:

(A)    If the assignor is an individual, any of the
following:

(i)    A relative of the assignor or of a general partner
of the assignor.

(ii)   A partnership in which the assignor is a general
partner.

(iii)  A general partner of the assignor.

(iv)   A corporation of which the assignor is a director,
officer, or person in control.

(B)    If the assignor is a corporation, any of the
following:

(i)    A director of the assignor.

(ii)   An officer of the assignor.

(iii)  A person in control of the assignor.

(iv)   A partnership in which the assignor is a general
partner.

(v)    A general partner of the assignor.

(vi)   A relative of a general partner, director, officer,
or person in control of the assignor.

(C)    If the assignor is a partnership, any of the
following:

(i)    A general partner in the assignor.

(ii)   A relative of a general partner in, general partner
of, or person in control of the assignor.

(iii)  A partnership in which the assignor is a general
partner.

(iv)   A general partner of the assignor.

(v)    A person in control of the assignor.

(D)    An affiliate of the assignor or an insider of an
affiliate as if the affiliate were the assignor.

(E)    A managing agent of the assignor.
As used in this paragraph, "relative" means an individual related by
affinity or consanguinity with the third degree as determined by the
common law, or an individual in a step or adoptive relationship within
the third degree; and an "affiliate" means a person that directly or
indirectly owns, controls or holds with power to vote 20 percent or
more of the outstanding voting securities of the assignor or 20
percent or more of whose outstanding voting securities are directly or
indirectly owned, controlled or held with power to vote by the
assignor (excluding securities held in a fiduciary or agency capacity
without sole discretionary power to vote, or held solely to secure a
debt if the holder has not in fact exercised the power to vote), or a
person who operates the business of the assignor under a lease or
operating agreement or whose business is operated by the assignor
under a lease or operating agreement.

(4)    The term "judicial lien" means a lien obtained by judgment,
levy, sequestration, or other legal or equitable process or
proceeding.

(5)    The term "new value" means money or money's worth in goods,
services, or new credit, or release by a transferee of property
previously transferred to the transferee in a transaction that is
neither void nor voidable by the assignor or the assignee under
any applicable law, but does not include an obligation
substituted for an existing obligation.

(6)    The term "receivable" means a right to payment, whether or
not the right has been earned by performance.

(7)    The term "security agreement" means an agreement that
creates or provides for a security interest.

(8)    The term "security interest" means a lien created by an
agreement.

(9)    The term "statutory lien" means a lien arising solely by
force of a statute on specified circumstances or conditions, or
lien of distress for rent, whether or not statutory, but does not
include security interest or judicial lien, whether or not the
interest or lien is provided by or is dependent on a statute and
whether or not the interest or lien is made fully effective by
statute.

(10)   The term "transfer" means every mode, direct or indirect,
absolute or conditional, voluntary or involuntary, or disposing
of or parting with property or with an interest in property,
including retention of title as a security interest.

(b) Except as provided in subdivision c, the assignee of any general
assignment for the benefit of creditors (as defined in
Section 493.010) may recover any transfer of property of the assignor:

(1)    To or for the benefit of a creditor;

(2)    For or on account of an antecedent debt owed by the assignor
before the transfer was made;

(3)    Made while the assignor was insolvent;

(4)    Made on or within 90 days before the date of the making of
the assignment or made between 90 days and one year before the
date of making the assignment if the creditor, at the time of the
transfer, was an insider and had reasonable cause to believe the
debtor was insolvent at the time of the transfer; and

(5)    That enables the creditor to receive more than another
creditor of the same class.

(c)    The assignee may not recover under this section a
transfer:

(1)    To the extent that the transfer was:

(A)    Intended by the assignor and the creditor to or for
whose benefit the transfer was made to be a
contemporaneous exchange for new value given to the
assignor; and

(B)    In fact a substantially contemporaneous exchange;

(2)    To the extent that the transfer was:

(A)    In payment of a debt incurred in the ordinary course
of business or financial affairs of the assignor and the
transferee;

(B)    Made in the ordinary course of business or financial
affairs of the assignor and the transferee; and

(C)    Made according to ordinary business terms;

(3)    Of a security interest in property acquired by the
assignor:

(A)    To the extent the security interest secures new
value that was:

(i)    Given at or after the signing of a security
agreement that contains a description of the property as
collateral;

(ii)   Given by or on behalf of the secured party under the
agreement;

(iii)  Given to enable the assignor to acquire the
property; and

(iv)   In fact used by the assignor to acquire the
property; and

(B)    That is perfected within 10 days after the security
interest attaches;

(4)    To or for the benefit of a creditor, to the extent
that, after the transfer, the creditor gave new value to or
for the benefit of the assignor:

(A)    Not secured by an otherwise unavoidable security
interest; and

(B)    On account of which new value the assignor did not
make an otherwise unavoidable transfer to or for the
benefit of the creditor;

(5)    Of a perfected security interest in inventory or a
receivable or the proceeds of either, except to the extent
that the aggregate of all the transfers to the transferee
caused a reduction, as of the date of the making of the
assignment and to the prejudice of other creditors holding
unsecured claims, of any amount by which the debt secured by
the security interest exceeded the value of all security
interest for the debt on the later of:

(A)    Ninety days before the date of the making of the
assignment.

(B)    The date on which new value was first given under
the security agreement creating the security interest; or

(6)    That is the fixing of a statutory lien.

(d)    An assignee of any general assignment for the benefit of
creditors (as defined in Section 493.010), may avoid a
transfer of property of the assignor transferred to secure
reimbursement of a surety that furnished a bond or other
obligation to dissolve a judicial lien that would have been
avoidable by the assignee under subdivision (b) of this
section.  The liability of the surety under the bond or
obligation shall be discharged to the extent of the value of
the property recovered by the assignee or the amount paid to
the assignee.

(e)    (1) For the purposes of this section:

(A)    A transfer of real property other than fixtures, but
including the interest of a seller or purchaser under a
contract for the sale of real property, is perfected when a
bona fide purchaser of the property from the debtor against
whom applicable law permits the transfer to be perfected
cannot acquire an interest that is superior to the interest
of the transferee.

(B)    A transfer of a fixture or property other than real
property is perfected when a creditor on a simple contract
cannot acquire a judicial lien that is superior to the
interest of the transferee.

(2)    For the purposes of this section, except as provided
in paragraph (3), a transfer is made at any of the
following times:

(A)    At the time the transfer takes effect between the
transferor and the transferee, if the transfer is
perfected at, or within 10 days after, the time.

(B)    At the time the transfer is perfected, if the
transfer is perfected after the 10 days.

(C)    Immediately before the date of the making of the
assignment if the transfer is not perfected at the later
of:

(i)    The making of the assignment.

(ii)   Ten days after the transfer takes effect between the
transferor and the transferee.

(3)    For the purposes of this section, a transfer is not
made until the assignor has acquired rights in the
property transferred.

(f)    For the purposes of this section, the assignor is
presumed to have been insolvent on and during the 90 days
immediately preceding the date of the making of the
assignment.

(g)    An action by an assignee under this section must be
commenced within one year after the making of the assignment.

1801.  In any general assignment for the benefit of creditors (as
defined in Section 493.010), the assignor, if an individual,
may choose to retain as exempt property either the property which
is otherwise exempt under Chapter 4 (commencing with
Section 703.010) of Division 2 of Title 9 of Part 2 or, in the alternative,
the following property:

(a)    The assignor's aggregate interest, not to exceed seven
thousand five hundred dollars ($7,500) in value, in real property
or personal property that the assignor or a dependent of the
assignor uses as a residence, in a cooperative that owns property
that the assignor or a dependent of the assignor uses as a
residence, or in a burial plot for the assignor or a dependent of
the assignor.

(b)    The assignor's interest, not to exceed one thousand two
hundred dollars ($1,200) in value, in one motor vehicle.

(c)    The assignor's interest, not to exceed two hundred
dollars ($200) in value in any particular item, in household furnishings,
household goods, wearing apparel, appliances, books, animals,
crops, or musical instruments, that are held primarily for the
personal, family, or household use of the assignor or a dependent
of the assignor.

(d)    The assignor's aggregate interest, not to exceed five
hundred dollars ($500) in value, in jewelry held primarily for
the personal, family, or household use of the assignor or a
dependent of the assignor.

(e)    The assignor's aggregate interest, not to exceed in value
four hundred dollars ($400) plus any unused amount of the
exemption provided under subdivision (a), in any property.

(f)    The assignor's aggregate interest, not to exceed seven
hundred fifty dollars ($750) in value, in any implements,
professional books, or tools, of the trade of the assignor or the
trade of a dependent of the assignor.

(g)    Any unmatured life insurance contract owned by the assignor,
other than a credit life insurance contract.

(h)    The assignor's aggregate interest, not to exceed in value
four thousand dollars ($4,000) in any accrued dividend or
interest under, or loan value of, any unmatured life insurance
contract owned by the assignor under which the insured is the
assignor or an individual of whom the assignor is a dependent.

(i)    Professionally prescribed health aids for the assignor or a
dependent of the assignor.

(j)    The assignor's right to receive any of the following:

(1)    A social security benefit, unemployment compensation, or
a local public assistance benefit except that this paragraph
does not preclude the application of Section 1255.7 of the
Unemployment Insurance Code.

(2)    A veterans' benefit.

(3)    A disability, illness, or unemployment benefit except
that this paragraph does not preclude the application of
Section 1255.7 of the Unemployment Insurance Code.

(4)    Alimony, support, or separate maintenance, to the extent
reasonably necessary for the support of the assignor and any
dependent of the assignor.

(5)    A payment under a stock bonus, pension, profit sharing,
annuity, or similar plan or contract on account of illness,
disability, death, age, or length of service, to the extent
reasonably necessary for the support of the assignor and any
dependent of the assignor, unless:

(i)    The plan or contract was established by or under the
auspices of an employer of which the assignor was a partner,
officer, director or controlling person at the time the
assignor' s rights under the plan or contract arose;

(ii)   The payment is on account of age or length of service;
and

(iii)  Such plan or contract does not qualify under
Section 401(a), 403(a), 403(b), 408, or 409 of the Internal Revenue
Code of 1954 (26 U.S.C.  401(a), 403(a), 403(b), 408, or 409).

(k)    The assignor's right to receive, or property that is
traceable to any of the following:

(1)    An award under a crime victim's reparation law.

(2)    A payment on account of the wrongful death of an
individual of whom the assignor was a dependent, to the extent
reasonably necessary for the support of the assignor and any
dependent of the assignor.

(3)    A payment under a life insurance contract that insured
the life of an individual of whom the assignor was a dependent
on the date of such individual's death, to the extent
reasonably necessary for the support of the assignor and any
dependent of the assignor.

(4)    A payment, not to exceed seven thousand five hundred
dollars ($7,500), on account of personal bodily injury, as
compensation for pain and suffering or actual pecuniary loss

(other than loss of future earnings), of the assignor or an
individual of whom the assignor is a dependent.

(5)    A payment in compensation of loss of future earnings of
the assignor or an individual of whom the assignor is or was a
dependent, to the extent reasonably necessary for the support
of the assignor and any dependent of the assignor.

In this section, "dependent" includes spouse, whether or not actually
dependent, "assignor" means each spouse, if the assignment is made by
a married couple, and "value" means fair market value as of the date
of the making of the assignment.

1802.  (a) In any general assignment for the benefit of creditors, as
defined in Section 493.010, the assignee shall, within 30 days
after the assignment has been accepted in writing, give written
notice of the assignment to the assignor's creditors,
equityholders, and other parties in interest as set forth on the
list provided by the assignor pursuant to subdivision c.

(b)    In the notice given pursuant to subdivision (a), the
assignee shall establish a date by which creditors must file
their claims to be able to share in the distribution of proceeds
of the liquidation of the assignor's assets.  That date shall be
not less than 150 days and not greater than 180 days after the
date of the first giving of the written notice to creditors and
parties in interest.

(c)    The assignor shall provide to the assignee at the time of
the making of the assignment a list of creditors, equityholders,
and other parties in interest, signed under penalty of perjury,
which shall include the names, addresses, cities, states, and ZIP
Codes for each person together with the amount of that person's
anticipated claim in the assignment proceedings.

1822.50.    An inspection warrant is an order, in writing, in the
name of the people, signed by a judge of a court of record,
directed to a state or local official, commanding him to conduct
any inspection required or authorized by state or local law or
regulation relating to building, fire, safety, plumbing,
electrical, health, labor, or zoning.

1822.51.    An inspection warrant shall be issued upon cause, unless
some other provision of state or federal law makes another standard
applicable.  An inspection warrant shall be supported by an
affidavit, particularly describing the place, dwelling, structure,
premises, or vehicle to be inspected and the purpose for which the
inspection is made.  In addition, the affidavit shall contain
either a statement that consent to inspect has been sought and
refused or facts or circumstances reasonably justifying the failure
to seek such consent.

1822.52.    Cause shall be deemed to exist if either reasonable
legislative or administrative standards for conducting a routine or
area inspection are satisfied with respect to the particular place,
dwelling, structure, premises, or vehicle, or there is reason to
believe that a condition of nonconformity exists with respect to
the particular place, dwelling, structure, premises, or vehicle.

1822.53.    Before issuing an inspection warrant, the judge may
examine on oath the applicant and any other witness, and shall
satisfy himself of the existence of grounds for granting such
application.

1822.54.    If the judge is satisfied that the proper standard for
issuance of the warrant has been met, he or she shall issue the
warrant particularly describing each place, dwelling, structure,
premises, or vehicle to be inspected and designating on the warrant
the purpose and limitations of the inspection, including the
limitations required by this title.

1822.55.    An inspection warrant shall be effective for the time
specified therein, but not for a period of more than 14 days,
unless extended or renewed by the judge who signed and issued the
original warrant, upon satisfying himself that such extension or
renewal is in the public interest.  Such inspection warrant must be
executed and returned to the judge by whom it was issued within the
time specified in the warrant or within the extended or renewed
time.  After the expiration of such time, the warrant, unless
executed, is void.

1822.56.    An inspection pursuant to this warrant may not be made
between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day,
nor in the absence of an owner or occupant of the particular place,
dwelling, structure, premises, or vehicle unless specifically
authorized by the judge upon a showing that such authority is
reasonably necessary to effectuate the purpose of the regulation
being enforced.  An inspection pursuant to a warrant shall not be
made by means of forcible entry, except that the judge may
expressly authorize a forcible entry where facts are shown
sufficient to create a reasonable suspicion of a violation of a
state or local law or regulation relating to building, fire,
safety, plumbing, electrical, health, labor, or zoning, which, if
such violation existed, would be an immediate threat to health or
safety, or where facts are shown establishing that reasonable
attempts to serve a previous warrant have been unsuccessful.  Where
prior consent has been sought and refused, notice that a warrant
has been issued must be given at least 24 hours before the warrant
is executed, unless the judge finds that immediate execution is
reasonably necessary in the circumstances shown.

1822.57.    Any person who willfully refuses to permit an inspection
lawfully authorized by warrant issued pursuant to this title is
guilty of a misdemeanor.

1822.58.    A warrant may be issued under the requirements of this
title to authorize personnel of the Department of Fish and Game to
conduct inspections of locations where fish, amphibia, or aquatic
plants are held or stored under Division 12 (commencing with
Section 15000) of the Fish and Game Code.

1822.59.    (a) Notwithstanding the provisions of Section 1822.54,
for purposes of an animal or plant pest or disease
eradication effort pursuant to Division 4 (commencing with
Section 5001) or Division 5 (commencing with Section 9101) of the
Food and Agricultural Code, the judge may issue a warrant under the
requirements of this title describing a specified geographic area to
be inspected by authorized personnel of the Department of Food and
Agriculture.

(b) A warrant issued pursuant to this section may only authorize the
inspection of the exterior of places, dwellings, structures, premises
or vehicles, and only in areas urban in character.  The warrant shall
state the geographical area which it covers and the purpose of and
limitations on the inspection.

(c)    A warrant may be issued pursuant to this section whether or
not the property owners in the area have refused to consent to
the inspection.  A peace officer may use reasonable force to
enter a property to be inspected if so authorized by the warrant.

1823.  The Legislature finds and declares that the costs of civil
litigation have risen sharply in recent years.  This increase in
litigation costs makes it more difficult to enforce smaller claims
even though the claim is valid or makes it economically
disadvantageous to defend against an invalid claim.

The Legislature further finds and declares that the development of
simplified procedures to reduce the expense of litigation is
inhibited by the absence from present law of methods for
experimentation with procedural innovations to reduce expense.

Hence, it has not been possible to adopt the usual management
technique of a trial pilot program on a small scale of changed
methods of operation with the expectation that experience with the
pilot program will permit its permanent adoption in its designed
form or with modification as experience dictates.

The Legislature further finds and declares that there is a
compelling state interest in the development of pleading, pretrial
and trial procedures which will reduce the expense of litigation to
the litigants and there is likewise a compelling state interest in
experimentation on a small scale with new procedures to accomplish
that result before those procedures are adopted statewide.

Therefore, the provisions of this part are added to this code to
provide a means of experimentation with procedural innovations to
reduce the cost of civil litigation.

1823.1. The Judicial Council shall conduct in two superior courts,
or branches thereof, in any county in which the population
exceeds 260,000, as determined by the 1970 federal census, and
two municipal courts, or branches thereof, in any county in which
the population exceeds 260,000, as determined by the 1970 federal
census, selected by the Judicial Council with the approval of a
majority of the judges of the selected courts, a pilot project
for a period of five years.

1823.15.  Notwithstanding the provisions of Section 1823.1, the pilot
project conducted in municipal courts pursuant to this title shall
continue until July 1, 1983.

1823.2. Within the pilot project municipal courts, all civil actions
other than small claims actions shall be filed, heard and
determined as provided in this chapter, except that any action
may be withdrawn from the provisions of this chapter by order of
the court for good cause, either upon motion by any party or upon
the court's own motion.

1823.3. Within the pilot project superior courts, all civil actions
in which the amount in controversy does not exceed $25,000,
except eminent domain actions, shall be filed, heard and
determined as provided in this chapter, except that any action
irrespective of the amount in controversy may be withdrawn from
the provisions of this chapter by order of the court for good
cause, either upon motion of any party or upon the court's own
motion.  The Judicial Council shall provide by rule for
determining the amount in controversy for the purposes of this
section.

1823.4. Notwithstanding any other provision of law, including this
chapter, the Judicial Council shall provide by rule for the
procedures to be followed in the pilot project courts and the
rules of procedure for pilot project superior courts shall
provide for such methods of pretrial discovery as are consistent
with the objectives of this part.  Unless otherwise prescribed by
Judicial Council rules, Sections 1824 to 1826.14, inclusive,
shall not be applicable to pilot project superior courts.
Initially the Judicial Council rules in the pilot project
municipal courts shall not be inconsistent with the provisions of
this chapter.  Thereafter, the Judicial Council may adopt rules
which change or modify the provisions of this chapter to
implement new or modified procedures for the conduct of the pilot
project.

1823.5.Except where changed or modified by the provisions of this
chapter, including rules adopted by the Judicial Council pursuant
to this chapter, all provisions of law applicable to civil
actions generally shall apply to the processing of civil actions
in the pilot project courts.

1823.6.The Judicial Council shall develop procedures for the
collection and evaluation of data to determine the cost effect of
simplified procedures conducted pursuant to this chapter.

1823.7.Pursuant to Section 68501 of the Government Code, the
Chairman of the Judicial Council may appoint an advisory
committee to advise the Judicial Council regarding the conduct of
the pilot projects.  Staff assistance to the advisory committee
shall be provided by the Judicial Council.

1824.  (a) The pleadings shall consist of a complaint filed by the
plaintiff, an answer filed by the defendant, and a cross-claim
filed by the defendant at his election.

(b) Motions shall be in the form generally provided in this code.

1824.1.(a) No technical forms of a pleading are required.
Each allegation of a pleading shall be simple, concise, and
direct.

(b) A pleading which sets forth a claim for relief, whether as a
complaint or cross-claim, shall contain a short and plain
statement of the occurrence or transaction upon which it is based
showing that the pleader is entitled to relief and a demand for
judgment for the relief to which he deems himself entitled.
Claims may be pleaded alternatively or inconsistently.

(c)    An answer shall state in short and plain terms defenses
to each claim asserted and shall admit or deny the allegations
upon which the adverse party relies.  A denial may be for lack
of information or belief.  Affirmative defenses must be
affirmatively pleaded in short and plain terms in an answer.

(d)    Allegations in a pleading to which a responsive pleading
is required are deemed admitted if not denied.

(e)    All pleadings shall be construed to do substantial
justice.  If fraud or mistake is alleged as the basis of a
claim or defense, the circumstances of the fraud or mistake
shall be stated with particularity.

1825.  No discovery shall be permitted.

1825.1.(a) Each party shall file with the court a statement of
witnesses and physical evidence within 45 days after the date the
case is at issue.

(b) The statement shall include the names and addresses of
witnesses the party intends to call and a description of the
physical and documentary evidence the party intends to produce
with copies of the documents the party intends to rely upon at
trial.  A party is not required to identify witnesses, physical
evidence, or documents which he will use only for impeachment.

1825.2.The court shall hold statements filed with it under seal
until it has received the statements of all parties to the action
or the time for filing statements has expired.  The court then
shall contemporaneously transmit copies of the statements to the
adverse parties.

1825.3.At trial a party may call as witnesses only those persons
disclosed by him and introduce only physical evidence and
documents identified in the statement, except where relief is
granted for any of the causes specified in Section 473.  If
relief from a statement is granted, the adverse party shall be
entitled to a continuance to meet the new evidence.  Production
of evidence for impeachment is not limited.

1825.4.Pretrial conferences are not required; however, counsel
shall be encouraged to communicate personally or by telephone in
an effort to narrow the issues prior to trial or to resolve the
disputes.

1825.5.No demurrer or pretrial motion shall be used or permitted,
except as follows:

(a)    One motion may be made by the defendant to dismiss the
action on the ground of a jurisdictional defect or on the
ground that the complaint does not give notice of a claim upon
which relief can be granted.

(b)    Motions may be made for a continuance of the action for
good cause.

(c)    A motion may be made to withdraw the action from the
controls of the procedure under this title for good cause.

(d)    One motion may be made by each party for summary judgment
or partial summary judgment.

(e)    Motions for change of venue.

1826.  If possible, the date for trial shall be set within 20 days
from the date the court distributes the statement of witnesses and
physical evidence in accordance with Section 1825.2.

1826.1.Where a jury is demanded, and the case is tried to a jury,
the trial shall not be conducted in accordance with this part,
but shall be conducted in accordance with the procedures
established in this code other than in this part.  Where a jury
is waived, the trial shall be conducted as set forth in
Section 1826.2 to 1826.14, inclusive.

1826.10.    Closing arguments by counsel shall be permitted in
the manner and for the duration determined in the discretion
of the court.

1826.11.    Findings of fact or conclusions of law shall not be
required or made.  Upon request of any party to the action,
the court shall issue a brief explanation of its decision
either orally or in writing.

1826.12.    Any motion which may be made after trial in the
court pursuant to law may be made in any action tried pursuant
to this title.

1826.13.    The effect of a judgment or final order, in respect
to the matter or matters directly adjudged, is conclusive
between the parties and their successors in interest but shall
not operate as collateral estoppel of a party in other
litigation with a person who was not a party to the action in
which the judgment or order is rendered.

1826.14.    Any party shall have the right to appeal any
judgment or final order consistent with the law governing such
appeals.

1826.2. An opening statement to the court by counsel for the
parties shall be permitted in the manner and for the
duration determined in the discretion of the court.

1826.3. Trial briefs shall be permitted, but shall not be
required.

1826.4. The counsel for the parties and the trial judge may
interrogate the parties and witnesses.  Narrative testimony
shall be permitted.

1826.5. The trial judge shall have the discretion to determine
the order in which the evidence is introduced and the trial
is conducted.

1826.6. Written submission of direct testimony shall be
permitted if the court determines that such submissions will
result in a saving of time for the court and counsel.

1826.7. Upon agreement of the parties and with consent of the
court, proceedings under this title may be recorded by video
tape, electronic recording, or court reporters.

1826.8. No privileged information shall be admissible, except
as provided in Division 8 (commencing with Section 900) of
the Evidence Code.  Subject to the provisions of Section 352
of the Evidence Code, all other evidence relevant to the
action shall be admissible.  The trial judge shall determine
the weight to be accorded any admissible evidence.

1826.9. The trial judge, in his discretion, may permit a
pleading to be amended to conform to proof.  1833.  The
Judicial Council shall conduct a study of the effects of the
pilot project and shall make an annual report of its
findings to the Legislature.

1833.1. The provisions of this title shall be implemented by
the Judicial Council only when and to the extent that
funds are made available to implement the pilot project
and the study set forth in Section 1833.

1833.2. The provisions of this part shall become operative
no later than January 1, 1978, and shall apply to cases
filed on or after the operative date.

1855.  When any map which has been recorded in the office
of the recorder of any county is injured, destroyed,
lost, or stolen, any person interested may file in the
superior court of the county in which the map was
originally filed or recorded a verified petition in
writing alleging that the map has been injured,
destroyed, lost, or stolen without fault of the person
making the application, and that the petitioner has a
true and correct copy of the original map which he or she
offers for record in the place of the original map.  The
petition shall be accompanied by a copy of the true copy
offered for recording.

Upon the filing of the petition the clerk shall set it
for hearing by the court, and give notice of the hearing
by causing notice of the time and place of the hearing to
be posted at the courthouse in the county where the court
is held at least 10 days prior to the hearing.  A copy of
the petition and a copy of the true copy offered for
record shall be served upon the recorder of the county in
which the proceedings are brought at least 10 days prior
to the hearing.  The court may order any further notice
to be given as it deems proper.  At the time set for the
hearing the court shall take evidence for and against the
petition, and if it appears to the court from the
evidence presented that the copy of the map submitted is
a true copy of the original map, it shall decree that the
copy is a true copy of the original map, and order the
copy placed of record in the office of the recorder in
the place of the original map.

A certified copy of the decree shall accompany the true
copy of the map for record.  When presented to the county
recorder for record, he or she shall place of record the
copy of the map in the place of the original map.

When placed of record the copy shall have the same effect
as the original map, and conveyances of property
referring to the original map shall have the same effect
as though the original map had not been injured,
destroyed, lost, or stolen, and conveyances thereafter
made referring to the copy of the original map shall be
deemed to refer also to the original map.

1856.  (a) Terms set forth in a writing intended by the
parties as a final expression of their agreement with
respect to such terms as are included therein may not be
contradicted by evidence of any prior agreement or of a
contemporaneous oral agreement.

(b)    The terms set forth in a writing described in
subdivision

(a)    may be explained or supplemented by evidence of consistent
additional terms unless the writing is intended also as a complete
and exclusive statement of the terms of the agreement.

(c)    The terms set forth in a writing described in subdivision

(a)    may be explained or supplemented by course of dealing or usage
of trade or by course of performance.

(d)    The court shall determine whether the writing is intended by
the parties as a final expression of their agreement with respect
to such terms as are included therein and whether the writing is
intended also as a complete and exclusive statement of the terms
of the agreement.

(e)    Where a mistake or imperfection of the writing is put in
issue by the pleadings, this section does not exclude evidence
relevant to that issue.

(f)    Where the validity of the agreement is the fact in dispute,
this section does not exclude evidence relevant to that issue.

(g)    This section does not exclude other evidence of the
circumstances under which the agreement was made or to which it
relates, as defined in Section 1860, or to explain an extrinsic
ambiguity or otherwise interpret the terms of the agreement, or
to establish illegality or fraud.

(h)    As used in this section, the term agreement includes deeds
and wills, as well as contracts between parties.

1857.  The language of a writing is to be interpreted according to
the meaning it bears in the place of its execution, unless the
parties have reference to a different place.

1858.  In the construction of a statute or instrument, the office of
the Judge is simply to ascertain and declare what is in terms or in
substance contained therein, not to insert what has been omitted,
or to omit what has been inserted; and where there are several
provisions or particulars, such a construction is, if possible, to
be adopted as will give effect to all.

1859.  In the construction of a statute the intention of the
Legislature, and in the construction of the instrument the
intention of the parties, is to be pursued, if possible; and when a
general and particular provision are inconsistent, the latter is
paramount to the former.  So a particular intent will control a
general one that is inconsistent with it.

1860.  For the proper construction of an instrument, the
circumstances under which it was made, including the situation of
the subject of the instrument, and of the parties to it, may also
be shown, so that the Judge be placed in the position of those
whose language he is to interpret.

1861.  The terms of a writing are presumed to have been used in their
primary and general acceptation, but evidence is nevertheless
admissible that they have a local, technical, or otherwise peculiar
signification, and were so used and understood in the particular
instance, in which case the agreement must be construed
accordingly.

1862.  When an instrument consists partly of written words and partly
of a printed form, and the two are inconsistent, the former
controls the latter.

1864.  When the terms of an agreement have been intended in a
different sense by the different parties to it, that sense is to
prevail against either party in which he supposed the other
understood it, and when different constructions of a provision are
otherwise equally proper, that is to be taken which is most
favorable to the party in whose favor the provision was made.

1865.  A written notice, as well as every other writing, is to be
construed according to the ordinary acceptation of its terms.
Thus a notice to the drawers or indorsers of a bill of exchange or
promissory note, that it has been protested for want of acceptance
or payment, must be held to import that the same has been duly
presented for acceptance or payment and the same refused, and that
the holder looks for payment to the person to whom the notice is
given.

1866.  When a statute or instrument is equally susceptible of two
interpretations, one in favor of natural right, and the other
against it, the former is to be adopted.

1878.  A witness is a person whose declaration
under oath is received as evidence for any
purpose, whether such declaration be made on oral examination, or
by deposition or affidavit.

1895.  Laws, whether organic or ordinary, are either written or
unwritten.

1896.  A written law is that which is promulgated in writing, and
of which a record is in existence.

1897.  The organic law is the Constitution of Government, and is
altogether written.  Other written laws are denominated statutes.
The written law of this State is therefore contained in its
Constitution and statutes, and in the Constitution and statutes
of the United States.

1898.  Statutes are public or private.  A private statute is one
which concerns only certain designated individuals, and affects
only their private rights.  All other statutes are public, in
which are included statutes creating or affecting corporations.

1899.  Unwritten law is the law not promulgated and recorded, as
mentioned in Section 1896, but which is, nevertheless, observed
and administered in the Courts of the country.  It has no certain
repository, but is collected from the reports of the decisions of
the Courts, and the treatises of learned men.

1904.  A judicial record is the record or official entry of the proceedings
in a Court of justice, or of the official act of a judicial officer,
in an action or special proceeding.

1908.  (a) The effect of a judgment or final order in an action
or special proceeding before a court or judge of this state,
or of the United States, having jurisdiction to pronounce the
judgment or order, is as follows:

(1)    In case of a judgment or order against a specific
thing, or in respect to the probate of a will, or the
administration of the estate of a decedent, or in respect to
the personal, political, or legal condition or relation of a
particular person, the judgment or order is conclusive upon
the title to the thing, the will, or administration, or the
condition or relation of the person.

(2)    In other cases, the judgment or order is, in respect to
the matter directly adjudged, conclusive between the parties
and their successors in interest by title subsequent to the
commencement of the action or special proceeding, litigating
for the same thing under the same title and in the same
capacity, provided they have notice, actual or constructive,
of the pendency of the action or proceeding.

(b)    A person who is not a party but who controls an
action, individually or in cooperation with others, is
bound by the adjudications of litigated matters as if he
were a party if he has a proprietary or financial
interest in the judgment or in the determination of a
question of fact or of a question of law with reference
to the same subject matter or transaction; if the other
party has notice of his participation, the other party is
equally bound.

At any time prior to a final judgment, as defined in
Section 577, a determination of whether the judgment, verdict upon
which it was entered, or a finding upon which it was entered is to be binding
upon a nonparty pursuant to this subdivision or whether such nonparty
is entitled to the benefit of this subdivision may, on the noticed
motion of any party or any nonparty that may be affected by this
subdivision, be made in the court in which the action was tried or in
which the action is pending on appeal.  If no such motion is made
before the judgment becomes final, the determination may be made in a
separate action.  If appropriate, a judgment may be entered or ordered
to be entered pursuant to such determination.

1908.5.  When a judgment or order of a court is conclusive, the
judgment or order must be alleged in the pleadings if there be an
opportunity to do so; if there be no such opportunity, the judgment or
order may be used as evidence.

1909.  Other judicial orders of a Court or Judge of this State, or of
the United States, create a disputable presumption, according to
the matter directly determined, between the same parties and their
representatives and successors in interest by title subsequent to
the commencement of the action or special proceeding, litigating
for the same thing under the same title and in the same capacity.

1910.  The parties are deemed to be the same when those between whom
the evidence is offered were on opposite sides in the former case,
and a judgment or other determination could in that case have been
made between them alone, though other parties were joined with both
or either.

1911.  That only is deemed to have been adjudged in a former judgment
which appears upon its face to have been so adjudged, or which was
actually and necessarily included therein or necessary thereto.

1912.  Whenever, pursuant to the last four sections, a party is bound
by a record, and such party stands in the relation of a surety for
another, the latter is also bound from the time that he has notice
of the action or proceeding, and an opportunity at the surety's
request to join in the defense.

1913.  (a) Subject to subdivision (b), the effect of a judicial
record of a sister state is the same in this state as in the state
where it was made, except that it can only be enforced in this
state by an action or special proceeding.

(b)    The authority of a guardian, conservator, or committee, or
of a personal representative, does not extend beyond the
jurisdiction of the government under which that person was
invested with authority, except to the extent expressly
authorized by statute.

1914.  The effect of the judicial record of a Court of admiralty of a
foreign country is the same as if it were the record of a Court of
admiralty of the United States.

1916.  Any judicial record may be impeached by evidence of a want of
jurisdiction in the Court or judicial officer, of collusion between
the parties, or of fraud in the party offering the record, in
respect to the proceedings.

1917.  The jurisdiction sufficient to sustain a record is
jurisdiction over the cause, over the parties, and over the thing,
when a specific thing is the subject of the judgment.

1929.  Private writings are either:

_1.Sealed; or,

_2.Unsealed.

1930.  A seal is a particular sign, made to attest, in the most
formal manner, the execution of an instrument.  (1931.)  Section
Nineteen Hundred and Thirty-one.  A public seal in this State is
a stamp or impression made by a public officer with an instrument
provided by law, to attest the execution of an official or public
document, upon the paper, or upon any substance attached to the
paper, which is capable of receiving a visible impression.  A
private seal may be made in the same manner by any instrument, or
it may be made by the scroll of a pen, or by writing the word
"seal" against the signature of the writer.  A scroll or other
sign, made in a sister State or foreign country, and there
recognized as a seal, must be so regarded in this State.

1932.  Section Nineteen Hundred and Thirty-two.  There shall be no
difference hereafter, in this State, between sealed and unsealed
writings.  A writing under seal may therefore be changed, or
altogether discharged by a writing not under seal.

1933.  The execution of an instrument is the subscribing and
delivering it, with or without affixing a seal.

1934.  An agreement, in writing, without a seal, for the compromise
or settlement of a debt, is as obligatory as if a seal were
affixed.

1935.  A subscribing witness is one who sees a writing executed or
hears it acknowledged, and at the request of the party thereupon
signs his name as a witness.

1950.  Section Nineteen Hundred and Fifty.  The record of a
conveyance of real property, or any other record, a transcript of
which is admissible in evidence, must not be removed from the office
where it is kept, except upon the order of a Court, in cases where the
inspection of the record is shown to be essential to the just
determination of the cause or proceeding pending, or where the Court
is held in the same building with such office.

1952.  (a) The clerk shall retain in his or her custody any exhibit,
deposition, or administrative record introduced in the trial of a
civil action or proceeding or filed in the action or proceeding
until the final determination thereof or the dismissal of the
action or proceeding, except that the court may order the exhibit,
deposition, or administrative record returned to the respective
party or parties at any time upon oral stipulation in open court or
by written stipulation by the parties or for good cause shown.

(b) No exhibit or deposition shall be ordered destroyed or
otherwise disposed of pursuant to this section where a party to the
action or proceeding files a written notice with the court
requesting the preservation of any exhibit, deposition, or
administrative record for a stated time, but not to exceed one
year.

(c)    Upon the conclusion of the trial of a civil action or
proceeding at which any exhibit or deposition has been
introduced, the court shall order that the exhibit or deposition
be destroyed or otherwise disposed of by the clerk.  The
operative destruction or disposition date shall be 60 days
following final determination of the action or proceeding.  Final
determination includes final determination on appeal.  Written
notice of the order shall be sent by first-class mail to the
parties by the clerk.

(d)    Upon the conclusion of any posttrial hearing at which any
exhibit, deposition, or administrative record has been
introduced, the court shall order that the exhibit or
deposition be destroyed or otherwise disposed of by the clerk.
The operative date of destruction or disposition shall be 60
days following the conclusion of the hearing,  or if an appeal
is taken, upon final determination of the appeal.  Written
notice of the order shall be sent by first-class mail to the
parties by the clerk.

1952.2.Notwithstanding any other provisions of law, upon a judgment
becoming final, at the expiration of the appeal period, unless an
appeal is pending, the court, in its discretion, and on its own
motion by a written order signed by the judge, filed in the action,
and an entry thereof made in the register of actions, may order the
clerk to return all of the exhibits, depositions, and
administrative records introduced or filed in the trial of a civil
action or proceeding to the attorneys for the parties introducing
or filing the same.

1952.3.Notwithstanding any other provision of the law, the court, on
its own motion, may order the destruction or other disposition of
any exhibit, deposition, or administrative record introduced in the
trial or posttrial hearing of a civil action or proceeding or filed
in the action or proceeding that, if appeal has not been taken from
the decision of the court in the action or proceeding, remains in
the custody of the court or clerk five years after time for appeal
has expired, or, if appeal has been taken, remains in the custody
of the court or clerk five years after final determination thereof,
or that remains in the custody of the court or clerk for a period
of five years after any of the following:

(a)    A motion for a new trial has been granted and a memorandum
to set the case for trial has not been filed, or a motion to set
for trial has not been made within five years.

(b)    The dismissal of the action or proceeding.
In addition, the court on its own motion, may order the destruction or
other disposition of any exhibit, deposition, or administrative record
that remains in the custody of the court or clerk for a period of 10
years after the introduction or filing of the action or proceeding if,
in the discretion of the court, the exhibit, deposition, or
administrative record should be disposed of or destroyed.

The order shall be entered in the register of actions of each case in
which the order is made.

No exhibit, deposition, or administrative record shall be ordered
destroyed or otherwise disposed of pursuant to this section if a party
to the action or proceeding files a written notice with the court
requesting the preservation of any exhibit, deposition, or
administrative record for a stated time, but not to exceed one year.
Any sealed file shall be retained for at least two years after the
date on which destruction would otherwise be authorized pursuant to
this section.

1953.  As used in this article "record" includes all or any part of
any judgment, decree, order, document, paper, process, or file.

1953.01.    Whenever in any action or special proceeding, civil or
criminal, in any court of this State any record is lost, injured,
or destroyed by reason of conflagration or other public calamity,
any person interested therein may apply by a duly verified
petition in writing to the court for an order authorizing such
defect to be supplied by a duly certified copy of the original,
where such copy can be obtained.

1953.02.    Upon notice given pursuant to Sections 1010 to 1020,
inclusive, of this code, and its being shown to the satisfaction
of the court that the record has been so lost, injured, or
destroyed, the court shall make an order that the certified copy
shall thereafter have the same effect in all respects as the
original would have had.

1953.03.    Whenever in any action or special proceeding, civil or
criminal, in any court of this State any record is lost, injured,
or destroyed by reason of conflagration or other public calamity,
and a certified copy of the original cannot be supplied, any
person interested therein may make written application to the
court, verified by affidavit, showing such loss, injury, or
destruction, and that a certified copy of the record cannot be
obtained by the person making the application, and that such
loss, injury, or destruction occurred by conflagration, or other
calamity, without the fault or neglect of the person making the
application, and that such loss, injury, or destruction, unless
supplied or remedied may result in damage to the person making
the application.  Thereupon the court shall cause notice of the
application to be given pursuant to Sections 1010 to 1020,
inclusive, of this code.

1953.04.    Upon the hearing if the court is satisfied that the
statements contained in the written application are true, it
shall make an order reciting the substance and effect of the
lost, injured, or destroyed record.  The order shall have the
same effect that the original would have had if it had not been
lost, injured, or destroyed, so far as concerns the person making
the application, and the persons who have been notified, pursuant
to Section 1953.03.

1953.05.    The record in all cases where the proceeding is in rem,
including probate, guardianship, conservatorship, and insolvency
proceedings, may be supplied in like manner upon like notice to
all persons who have appeared therein, and upon notice by
publication or postings for not less than 10 days, as the court
may order, to all persons who have not appeared.  When restored
the record shall have the same effect as the original upon all
persons who have been personally served with notice of the
application, and as to all other persons it shall be prima facie
evidence of the contents of the original.

1953.06.    If an appeal to a reviewing court has been taken in any
action or special proceeding in any trial court in which the
record has been subsequently lost or destroyed by conflagration
or other public calamity and a transcript of such record has been
filed in the reviewing court, any person interested in the action
or special proceeding may obtain a certified copy of all or any
portion of the transcript from the clerk of the reviewing court
and may file such certified copy in the office of the clerk of
the court from which the appeal was taken.  Thereupon the
certified copy may be made the basis of any further proceedings
or processes in the trial court in such action or special
proceeding to all intents and purposes as if the original record
were on file.

1953.10.    Any person, corporation, copartnership, organization,
institution, business, member of profession or calling interested
in establishing the existence, substance, genuineness, or
authenticity of any memorandum, book, map, chart, manuscript,
writing, account, entry, record, print, document, representation,
or combination thereof that has been damaged, rendered wholly or
partially illegible, destroyed in whole or in part or lost by
explosion, conflagration, earthquake, disaster or other public
calamity, may apply by duly verified petition to the court for an
order establishing, reciting, or declaring the existence,
substance, genuineness or authenticity of the same.

1953.11.    Notice of the filing of the petition and of the time and
place of the hearing thereof shall be given to such persons, if
any, as the court shall designate by its order.  Such order shall
specify how such notice shall be given and may be by publication,
posting, personal service or otherwise as the court shall direct.
Upon the hearing of the petition proof shall be submitted to the
court that notice has been given as prescribed in such order.

1953.12.    Upon the hearing the court shall receive such evidence as
may be required and if the court is satisfied that the statements
contained in the petition are true, it shall make an order reciting
the existence, substance, genuineness or authenticity of the
destroyed or lost memorandum, book, map, chart, manuscript,
writing, account, entry, print, document, representation or
combination thereof.

1953.13.    The order of court made upon such hearing shall refer to
the memorandum, book, map, chart, manuscript, writing, account,
entry, record, print, document, representation or combination
thereof which is the subject of said petition and such court order
shall be deemed in lieu of the original and have the same effect as
if the original had not been damaged, destroyed or otherwise
rendered wholly or partially illegible.

1971.  No estate or interest in real property, other than for
leases for a term not exceeding one year, nor any power over or
concerning it, or in any manner relating thereto, can be created,
granted, assigned, surrendered, or declared, otherwise than by
operation of law, or a conveyance or other instrument in writing,
subscribed by the party creating, granting, assigning,
surrendering, or declaring the same, or by the party's lawful
agent thereunto authorized by writing.

1972.  (a) Section 1971 shall not be construed to abridge the power
of any court to compel the specific performance of an agreement,
in case of part performance thereof.

(b)    Section 1971 does not affect the creation of a trust
under Division 9 (commencing with Section 15000) of the
Probate Code nor prevent any trust from arising or being
extinguished by implication or operation of law.

1974.  No evidence is admissible to charge a person upon a
representation as to the credit of a third person, unless such
representation, or some memorandum thereof, be in writing, and
either subscribed by or in the handwriting of the party to be
charged.  This section is a Statute of Frauds provision and is to
be applied in a manner that is consistent with the manner in
which subdivision 2 of Section 1624 of the Civil Code is applied.

1985.  (a) The process by which the attendance of a witness is
required is the subpoena.  It is a writ or order directed to a
person and requiring the person's attendance at a particular time
and place to testify as a witness.  It may also require a witness
to bring any books, documents, or other things under the witness's
control which the witness is bound by law to produce in evidence.
When a county recorder is using the microfilm system for recording,
and a witness is subpoenaed to present a record, the witness shall
be deemed to have complied with the subpoena if the witness
produces a certified copy thereof.

(b)    A copy of an affidavit shall be served with a subpoena duces
tecum issued before trial, showing good cause for the production
of the matters and things described in the subpoena, specifying
the exact matters or things desired to be produced, setting forth
in full detail the materiality thereof to the issues involved in
the case, and stating that the witness has the desired matters or
things in his or her possession or under his or her control.

(c)    The clerk, or a judge, shall issue a subpoena or subpoena
duces tecum signed and sealed but otherwise in blank to a party
requesting it, who shall fill it in before service.  An attorney
at law who is the attorney of record in an action or proceeding,
may sign and issue a subpoena to require attendance before the
court in which the action or proceeding is pending or at the
trial of an issue therein, or upon the taking of a deposition in
an action or proceeding pending therein; the subpoena in such a
case need not be sealed. An attorney at law who is the attorney
of record in an action or proceeding, may sign and issue a
subpoena duces tecum to require production of the matters or
things described in the subpoena.

1985.1. Any person who is subpoenaed to appear at a session of court,
or at the trial of an issue therein, may, in lieu of appearance at
the time specified in the subpoena, agree with the party at whose
request the subpoena was issued to appear at another time or upon
such notice as may be agreed upon.  Any failure to appear pursuant
to such agreement may be punished as a contempt by the court
issuing the subpoena.  The facts establishing or disproving such
agreement and the failure to appear may be proved by an affidavit
of any person having personal knowledge of the facts.

1985.2. Any subpoena which requires the attendance of a witness at any
civil trial shall contain the following notice in a type face
designed to call attention to the notice:

Contact the attorney requesting this subpoena, listed above, before
the date on which you are required to be in court, if you have any
question about the time or date for you to appear, or if you want
to be certain that your presence in court is required.

1985.3.(a) For purposes of this section, the following definitions
apply:

(1)    "Personal records" means the original or any copy of books,
documents, or other writings pertaining to a consumer and which
are maintained by any "witness" which is a physician,
chiropractor, veterinarian, veterinary hospital, veterinary
clinic, pharmacist, pharmacy, hospital, state or national bank,
state or federal association (as defined in Section 5102 of the
Financial Code), state or federal credit union, trust company,
anyone authorized by this state to make or arrange loans that are
secured by real property, security brokerage firm, insurance
company, title insurance company, underwritten title company,
escrow agent licensed pursuant to Division 6 (commencing with
Section 17000) of the Financial Code or exempt from licensure
pursuant to Section 17006 of the Financial Code, attorney,
accountant, institution of the Farm Credit System, as specified
in Section 2002 of Title 12 of the United States Code, or
telephone corporation which is a public utility, as defined in
Section 216 of the Public Utilities Code, or psychotherapist, as
defined in Section 1010 of the Evidence Code, or a private or
public preschool, elementary school, or secondary school.

(2)    "Consumer" means any individual, partnership of five or
fewer persons, association, or trust which has transacted
business with, or has used the services of, the witness or for
whom the witness has acted as agent or fiduciary.

(3)    "Subpoenaing party" means the person or persons causing a
subpoena duces tecum to be issued or served in connection with
any civil action or proceeding pursuant to this code, but shall
not include the state or local agencies described in Section 7465
of the Government Code, or any entity provided for under Article
VI of the California Constitution in any proceeding maintained before
an adjudicative body of that entity pursuant to Chapter 4 (commencing
with Section 6000) of Division 3 of the Business and Professions Code.

(b) The date specified in a subpoena duces tecum for the production of
personal records shall not be less than 15 days from the date the
subpoena is issued.  Prior to the date called for in the subpoena
duces tecum for the production of personal records, the subpoenaing
party shall serve or cause to be served on the consumer whose records
are being sought a copy of the subpoena duces tecum, of the affidavit
supporting the issuance of the subpoena, and of the notice described
in subdivision (e).

This service shall be made as follows:

(1)    To the consumer personally, or at his or her last known
address, or in accordance with Chapter 5 (commencing with 
Section 1010) of Title 14 of Part 3, or, if he or she is a party, to his
or her attorney of record.  If the consumer is a minor, service
shall be made on the minor's parent, guardian, conservator, or
similar fiduciary, or if one of them cannot be located with
reasonable diligence, then service shall be made on any person
having the care or control of the minor or with whom the minor
resides or by whom the minor is employed, and on the minor if the
minor is at least 12 years of age.

(2)    Not less than 10 days prior to the date for production
specified in the subpoena duces tecum, plus the additional time
provided by Section 1013 if service is by mail.

(3)    At least five days prior to service upon the custodian of
the records, plus the additional time provided by Section 1013 if
service is by mail.

(c)    Prior to the production of the records, the subpoenaing
party shall do either of the following:

(1)    Serve or cause to be served upon the witness a proof of
personal service or of service by mail attesting to
compliance with subdivision (b).

(2)    Furnish the witness a written authorization to release
the records signed  by the consumer or by his or her
attorney of record.  The witness may presume that any
attorney purporting to sign the authorization on behalf of
the consumer acted with the consent of the consumer.

(d)    A subpoena duces tecum for the production of personal
records shall be served in sufficient time to allow the
witness a reasonable time to locate and produce the records or
copies thereof.
Except as to records subpoenaed for a criminal proceeding or
records subpoenaed during trial, a subpoena duces tecum served
upon a witness with records in more than one location shall be
served no less than 10 days prior to the date specified for
production, unless good cause is shown pursuant to subdivision (h).

(e)    Every copy of the subpoena duces tecum and affidavit served
on a consumer or his or her attorney in accordance with
subdivision (b) shall be accompanied by a notice, in a typeface
designed to call attention to the notice, indicating that (1)
records about the consumer are being sought from the witness
named on the subpoena; (2) if the consumer objects to the witness
furnishing the records to the party seeking the records, the
consumer must file papers with the court prior to the date
specified for production on the subpoena; and (3) if the party
who is seeking the records will not agree in writing to cancel or
limit the subpoena, an attorney should be consulted about the
consumer's interest in protecting his or her rights of privacy.
If a notice of taking of deposition is also served, that other
notice may be set forth in a single document with the notice
required by this subdivision.

(f)    A subpoena duces tecum for personal records maintained by a
telephone corporation which is a public utility, as defined in
Section 216 of the Public Utilities Code, shall not be valid or
effective unless it includes a consent to release, signed by the
consumer whose records are requested, as required by 
Section 2891 of the Public Utilities Code.

(g)    Any consumer whose personal records are sought by a subpoena
duces tecum may, prior to the date for production, bring a motion
under Section 1987.1 to quash or modify the subpoena duces tecum.
Notice of the bringing of that motion shall be given to the
witness prior to production.  No witness shall be required to
produce personal records after receipt of notice that such a
motion has been  brought, except upon order of the court in which
the action is pending or  by agreement of the parties, witnesses,
and consumers affected.

(h)    Upon good cause shown and provided that the rights of
witnesses and consumers are preserved, a subpoenaing party shall
be entitled to obtain an order shortening the time for service of
a subpoena duces tecum or waiving the requirements of
subdivision (b) where due diligence by the subpoenaing party
has been shown.

(i)    Nothing contained in this section shall be construed to
apply to any subpoena duces tecum which does not request the
records of any particular consumer or consumers and which
requires a custodian of records to delete all information which
would in any way identify any consumer whose records are to be
produced.

(j)    This section shall not apply to proceedings conducted under
Division 1 (commencing with Section 50), Division 4 (commencing
with Section 3200), Division 4.5 (commencing with Section 6100),
or Division 4.7 (commencing with Section 6200) of the Labor Code.

(k)    Failure to comply with this section shall be sufficient
basis for the witness to refuse to produce the personal records
sought by a subpoena duces tecum.

1985.4.The procedures set forth in Section 1985.3 are applicable to a
subpoena duces tecum for records containing "personal information,"
as defined in Section 1798.3 of the Civil Code which are otherwise
exempt from public disclosure under Section 6254 of the Government
Code which are maintained by a state or local agency as defined in
Section 6252 of the Government Code.  For the purposes of this
section, "witness" means a state or local agency as defined in
Section 6252 of the Government Code and "consumer" means any
employee of any state or local agency as defined in Section 6252 of
the Government Code, or any other natural person.  Nothing in this
section shall pertain to personnel records as defined in Section 832.8
of the Penal Code.

1985.5.If a subpena requires the attendance of a witness before an
officer or commissioner out of court, it shall, for a refusal to be
sworn, or to answer as a witness, or to subscribe an affidavit or
deposition when required, also require the witness to attend a
session of the court issuing the subpena at a time and place
thereof to be fixed by said officer or commissioner.

1986.  A subpoena is obtainable as follows:

(a)    To require attendance before a court, or at the trial of
an issue therein, or upon the taking of a deposition in an
action or proceeding pending therein, it is obtainable from
the clerk of the court in which the action or proceeding is
pending, or if there is no clerk then from a judge or justice
of such court.

(b)    To require attendance before a commissioner appointed to
take testimony by a court of a foreign country, or of the
United States, or of any other state in the United States, or
before any officer or officers empowered by the laws of the
United States to take testimony, it may be obtained from the
clerk of the superior court of the county in which the witness
is to be examined.

(c)    To require attendance out of court, in cases not provided
for in subdivision (a), before a judge, justice, or other
officer authorized to administer oaths or take testimony in
any matter under the laws of this state, it is obtainable from
the judge, justice, or other officer before whom the
attendance is required.

If the subpoena is to require attendance before a court, or at
the trial of an issue therein, it is obtainable from the
clerk, as of course, upon the application of the party
desiring it.  If it is obtained to require attendance before a
commissioner or other officer upon the taking of a deposition,
it must be obtained, as of course, from the clerk of the
superior court of the county wherein the attendance is
required upon the application of the party requiring it.

1986.5. Any person who is subpoenaed and required to give a deposition
shall be entitled to receive the same witness fees and mileage as
if the subpoena required him or her to attend and testify before a
court in which the action or proceeding is pending.
Notwithstanding this requirement, the only fees owed to a witness
who is required to produce business records under Section 1560 of
the Evidence Code pursuant to a subpoena duces tecum, but who is
not required to personally attend a deposition away from his or her
place of business, shall be those prescribed in Section 1563 of the
Evidence Code.

1987.  (a) Except as provided in Sections 68097.1 to 68097.8,
inclusive, of the Government Code, the service of a subpoena is
made by delivering a copy, or a ticket containing its substance,
to the witness personally, giving or offering to the witness at
the same time, if demanded by him or her, the fees to which he or
she is entitled for travel to and from the place designated, and
one day's attendance there.  The service shall be made so as to
allow the witness a reasonable time for preparation and travel to
the place of attendance.  The service may  be made by any person.
When service is to be made on a minor, service shall be made on
the minor's parent, guardian, conservator, or similar fiduciary,
or if one of them cannot be located with reasonable diligence,
then service shall be made on any person having the care or
control of the minor or with whom the minor resides or by whom
the minor is employed, and on the minor if the minor is 12 years
of age or older.

(b) In the case of the production of a party to the record of any
civil action or proceeding or of a person for whose immediate
benefit an action or proceeding is prosecuted or defended or of
anyone who is an officer, director, or managing agent of any such
party or person, the service of a subpoena upon any such witness
is not required if written notice requesting the witness to
attend before a court, or at a trial of an issue therein, with
the time and place thereof, is served upon the attorney of that
party or person.  The notice shall be served at least 10 days
before the time required for attendance unless the court
prescribes a shorter time. If entitled thereto, the witness, upon
demand, shall be paid witness fees and mileage before being
required to testify.  The giving of the notice shall have the
same effect as service of a subpoena on the witness, and the
parties shall have such rights and the court may make such
orders, including the imposition of sanctions, as in the case of
a subpoena for attendance before the court.

(c)    If the notice specified in subdivision (b) is served at
least 20 days before the time required for attendance, or
within such shorter time as the court may order, it may
include a request that the party or person bring with him  or
her books, documents or other things.  The notice shall state
the exact materials  or things desired and that the party or
person has them in his or her possession or under his or her
control.  Within five days thereafter, or such other period as
the court may allow, the party or person of whom the request
is made may serve written objections to the request or any
part thereof, with a statement of grounds.  Thereafter, upon
noticed motion of the requesting party, accompanied by a
showing of good cause and of materiality of the items to the
issues,  the court may order production of items to which
objection was made, unless the objecting party or person
establishes good cause for nonproduction or production under
limitations or conditions.  The procedure of this subdivision
is alternative to the procedure provided by Sections 1985
and 1987.5 in the cases herein provided for, and no
subpoena duces tecum shall be required.

Subject to this subdivision, the notice herein provided shall
have the same effect as is provided in subdivision (b) as to a
notice for attendance of that party or person.

1987.1.When a subpoena requires the attendance of a witness or the
production of books, documents or other things before a court, or
at the trial of an issue therein, or at the taking of a deposition,
the court, upon motion reasonably made by the party, the witness,
or any consumer described in Section 1985.3, or upon the court's
own motion after giving counsel notice and an opportunity to be
heard, may make an order quashing the subpoena entirely, modifying
it, or directing compliance with it upon such terms or conditions
as the court shall declare.  In addition, the court may make any
other order as may be appropriate to protect the parties, the
witness, or the consumer from unreasonable or oppressive demands
including unreasonable violations of a witness's or consumer's
right of privacy.  Nothing herein shall require any witness or
party to move to quash, modify, or condition any subpoena duces
tecum of personal records of any consumer served under
paragraph (1) of subdivision (b) of Section 1985.3.

1987.2.In making an order pursuant to motion made under subdivision c
of Section 1987 or under Section 1987.1, the court may in its
discretion award the amount of the reasonable expenses incurred in
making or opposing the motion, including reasonable attorneys'
fees, if the court finds the motion was made or opposed in bad
faith or without substantial justification or that one or more of
the requirements of the subpoena was oppressive.

1987.3.When a subpoena duces tecum is served upon a custodian of
records or other qualified witness as provided in
Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the
Evidence Code, and his personal attendance is not required by the
terms of the subpoena, Section 1989 shall not apply.

1987.5.The service of a subpoena duces tecum is invalid unless at the
time of such service a copy of the affidavit upon which the
subpoena is based is served on the person served with the subpoena.
In the case of a subpoena duces tecum which requires appearance and
the production of matters and things at the taking of a deposition,
the subpoena shall not be valid unless a copy of the affidavit upon
which the subpoena is based and the designation of the materials to
be produced, as set forth in the subpoena, is attached to the
notice of taking the deposition served upon each party or its
attorney as provided in Chapter 3 (commencing with Section 2002).
If matters and things are produced pursuant to a subpoena duces
tecum in violation of this section, any other party to the action
may file a motion for, and the court may grant, an order providing
appropriate relief, including, but not limited to, exclusion of the
evidence affected by the violation, a retaking of the deposition
notwithstanding any other limitation on discovery proceedings, or a
continuance.  The party causing the subpoena to be served shall
retain the original affidavit until final judgment in the action,
and shall file the affidavit with the court only upon reasonable
request by any party or witness affected thereby.  This section
does not apply to deposition subpoenas commanding only the
production of business records for copying under subdivision (d) of
Section 2020.

1988.  If a witness is concealed in a building or vessel, so as to
prevent the service of subpoena upon him, any Court or Judge, or
any officer issuing the subpoena, may, upon proof by affidavit of
the concealment, and of the materiality of the witness, make an
order that the Sheriff of the county serve the subpoena; and the
Sheriff must serve it accordingly, and for that purpose may break
into the building or vessel where the witness is concealed.

1989.  A witness, including a witness specified in subdivision (b)
of Section 1987, is not obliged to attend as a witness
before any court, judge, justice or any other officer, unless the
witness is a resident within the state at the time of service.

1990.  A person present in Court, or before a judicial officer, may
be required to testify in the same manner as if he were in
attendance upon a subpoena issued by such Court or officer.

1991.  Disobedience to a subpoena, or a refusal to be sworn, or to
answer as a witness, or to subscribe an affidavit or deposition
when required, may be punished as a contempt by the court issuing
the subpoena.

When the subpoena, in any such case, requires the attendance of the
witness before an officer or commissioner out of court, it is the
duty of the officer or commissioner to report any disobedience or
refusal to be sworn or to answer a question or to subscribe an
affidavit or deposition when required, to the court issuing the
subpoena.  The witness shall not be punished for any refusal to be
sworn or to answer a question or to subscribe an affidavit or
deposition, unless, after a hearing upon notice, the court orders
the witness to be sworn, or to so answer or subscribe and then only
for disobedience to the order.

Any judge, justice, or other officer mentioned in subdivision (c)
of Section 1986, may report any disobedience or refusal to
be sworn or to answer a question or to subscribe an affidavit or
deposition when required to the superior court of the county in
which attendance was required; and the court thereupon has power,
upon notice, to order the witness to perform the omitted act, and
any refusal or neglect to comply with the order may be punished
as a contempt of court.

In lieu of the reporting of the refusal as hereinabove provided, the
party seeking to obtain the deposition or to have the deposition or
affidavit signed, at the time of the refusal may request the officer
or commissioner to notify the witness that at a time stated, not less
than five days nor more than 20 days from the date of the refusal, he
or she will report the refusal of the witness to the court and that
the party will, at that time, or as soon thereafter as he or she may
be heard, apply to the court for an order directing the witness to be
sworn, or to answer as a witness, or subscribe the deposition or
affidavit, as the case may be, and that the witness is required to
attend that session of the court.

The officer or commissioner shall enter in the record of the
proceedings an exact transcription of the request made of him or her
that he or she notify the witness that the party will apply for an
order directing the witness to be sworn or to answer as a witness or
subscribe the deposition or affidavit, and of his or her notice to the
witness, and the transcription shall be attached to his or her report
to the court of the refusal of the witness.  The report shall be filed
by the officer with the clerk of the court issuing the subpoena, and
the witness shall attend that session of the court, and for failure or
refusal to do so may be punished for contempt.

At the time so specified by the officer, or at a subsequent time to
which the court may have continued the matter, if the officer has
theretofore filed a report showing the refusal of the witness, the
court shall hear the matter, and without further notice to the
witness, may order the witness to be sworn or to answer as a witness
or subscribe the deposition or affidavit, as the case may be, and may
in the order specify the time and place at which compliance shall be
made or to which the taking of the deposition is continued.
Thereafter if the witness refuses to comply with the order he or she
may be punished for contempt.

1991.1.Disobedience to a subpoena requiring attendance of a witness
before an officer out of court in a deposition taken pursuant to
Article 3, Chapter 3, Title 3, Part 4 (commencing at Section 2016),
or refusal to be sworn as a witness at such deposition,
may be punished as contempt, as provided in Section 2034, without
the necessity of a prior order of court directing compliance by
the witness.

1991.2.On and after the ninety-first day after adjournment of
the 1959 Regular Session, the provisions of Section 1991 shall not
apply to any act or omission thereafter occurring in a deposition
taken pursuant to Article 3, Chapter 3, Title 3, Part 4 (commencing
at Section 2016) but the provisions of Section 2034
shall be exclusively applicable.

1992.  A witness disobeying a subpoena also forfeits to the party
aggrieved the sum of five hundred dollars ($500), and all damages
which he may sustain by the failure of the witness to attend, which
forfeiture and damages may be recovered in a civil action.

1993.  In case of failure of a witness to attend, the Court or
officer issuing the subpoena, upon proof of the service thereof,
and of the failure of the witness, may issue a warrant to the
Sheriff of the county to arrest the witness and bring him before
the Court or officer where his attendance was required.

1994.  Every warrant of commitment, issued by a Court or officer
pursuant to this chapter, must specify therein, particularly, the
cause of the commitment, and if it be for refusing to answer a
question, such question must be stated in the warrant.  And every
warrant to arrest or commit a witness, pursuant to this chapter,
must be directed to the Sheriff of the county where the witness may
be, and must be executed by him in the same manner as process
issued by the Superior Court.

1995.  If the witness be a prisoner, confined in a jail within this
state, an order for his examination in the jail upon deposition, or
for his temporary removal and production before a court or officer
may be made as follows:

_1.By the court itself in which the action or special proceeding is
pending, unless it be a small claims court.

_2.By a justice of the Supreme Court, or a judge of the superior
court of the county where the action or proceeding is pending, if
pending before a small claims court, or before a judge or other
person out of court.

1996.  Such order can only be made on the motion of a party, upon
affidavit showing the nature of the action or proceeding, the
testimony expected from the witness, and its materiality.

1997.  If the witness be imprisoned in a jail in the county where the
action or proceeding is pending, his production may be required.
In all other cases his examination, when allowed, must be taken
upon deposition.

2002.  The testimony of witnesses is taken in three modes:

_1.By affidavit;

_2.By deposition;

_3.By oral examination.

2003.  An affidavit is a written declaration under oath, made
without notice to the adverse party.

2004.  A deposition is a written declaration, under oath, made upon
notice to the adverse party, for the purpose of enabling him to
attend and cross-examine.  In all actions and proceedings where
the default of the defendant has been duly entered, and in all
proceedings to obtain letters of administration, or for the
probate of wills and the issuance of letters testamentary
thereon, where, after due and legal notice, those entitled to
contest the application have failed to appear, the entry of said
defaults, and the failure of said persons to appear after notice,
shall be deemed to be a waiver of the right to any further notice
of any application or proceeding to take testimony by deposition
in such action or proceeding.

2005.  An oral examination is an examination in presence of the
jury or tribunal which is to decide the fact or act upon it, the
testimony being heard by the jury or tribunal from the lips of
the witness.

2009.  An affidavit may be used to verify a pleading or a paper
in a special proceeding, to prove the service of a summons,
notice, or other paper in an action or special proceeding, to
obtain a provisional remedy, the examination of a witness, or
a stay of proceedings, and in uncontested proceedings to
establish a record of birth, or upon a motion, and in any
other case expressly permitted by statute.

2010.  Evidence of the publication of a document or notice
required by law, or by an order of a Court or Judge, to be
published in a newspaper, may be given by the affidavit of the
printer of the newspaper, or his foreman or principal clerk,
annexed to a copy of the document or notice, specifying the
times when, and the paper in which, the publication was made.

2011.  Section Two Thousand and Eleven.  If such affidavit
be made in an action or special proceeding pending in a Court,
it may be filed with the Court or a Clerk thereof.  If not so
made, it may be filed with the Clerk of the county where the
newspaper is printed.  In either case the original affidavit,
or a copy thereof, certified by the Judge of the Court or
Clerk having it in custody, is prima facie evidence of the
facts stated therein.

2012.  An affidavit to be used before any court, judge, or
officer of this state may be taken before any officer
authorized to administer oaths.

2013.  Section Two Thousand and Thirteen.  An affidavit taken in
another State of the United States, to be used in this State, may be
taken before a Commissioner appointed by the Governor of this State to
take affidavits and depositions in such other State, or before any
Notary Public in another State, or before any Judge or Clerk of a
Court of record having a seal.

2014.  Section Two Thousand and Fourteen.  An affidavit
taken in a foreign country to be used in this
State, may be taken before an Embassador, Minister, Consul, Vice
Consul, or Consular Agent of the United States, or before any Judge of
a Court of record having a seal in such foreign country.

2015.  When an affidavit is taken before a Judge or a Court in
another State, or in a foreign country, the genuineness of the
signature of the Judge, the existence of the Court, and the fact
that such Judge is a member thereof, must be certified by the Clerk
of the Court, under the seal thereof.

2015.3.The certificate of a sheriff, marshal, or constable, or the
clerk of the superior, municipal, or justice court, has the same
force and effect as his or her affidavit.

2015.5.Whenever, under any law of this state or under any rule,
regulation, order or requirement made pursuant to the law of this
state, any matter is required or permitted to be supported,
evidenced, established, or proved by the sworn statement,
declaration, verification, certificate, oath, or affidavit, in
writing of the person making the same (other than a deposition,
or an oath of office, or an oath required to be taken before a
specified official other than a notary public), such matter may
with like force and effect be supported, evidenced, established
or proved by the unsworn statement, declaration, verification, or
certificate, in writing of such person which recites that it is
certified or declared by him or her to be true under penalty of
perjury, is subscribed by him or her, and (1), if executed within
this state, states the date and place of execution, or (2), if
executed at any place, within or without this state, states the
date of execution and that it is so certified or declared under
the laws of the State of California.  The certification or
declaration may be in substantially the following form:

(a)    If executed within this state:
"I certify (or declare) under penalty of perjury that the foregoing is
true and correct":
____________________         ____________________

(Date and Place)                (Signature)

(b)    If executed at any place, within or without this state:
"I certify (or declare) under penalty of perjury under the laws of the
State of California that the foregoing is true and correct":
__________________         _______________________

(Date)                     (Signature)

2015.6. Whenever, under any law of this State or under any rule,
regulation, order or requirement made pursuant to law, an oath is
required to be taken by a person appointed to discharge specific
duties in a particular action, proceeding or matter, whether or not
pending in court, including but not limited to a person appointed
as executor, administrator, guardian, conservator, appraiser,
receiver, or elisor, an unsworn written affirmation may be made and
executed, in lieu of such oath.  Such affirmation shall commence "I
solemnly affirm," shall state the substance of the other matter
required by the oath, the date and place of execution and shall be
subscribed by him.

2016.  (a) This article may be cited as the Civil Discovery Act of 1986.

(b)    As used in this article:

(1)    "Action" includes a civil action and a special
proceeding of a civil nature.

(2)    "Court" means the trial court in which the action is
pending, unless otherwise specified.

(3)    "Document" and "writing" mean a writing as defined in
Section 250 of the Evidence Code.

(c)    This article applies to discovery in aid of enforcement of a
money judgment only to the extent provided in
Article 1 (commencing with Section 708.010) of  Chapter 6 of
Title 9 of Part 2.

2017.  (a) Unless otherwise limited by order of the court in
accordance with this article, any party may obtain discovery
regarding any matter, not privileged, that is relevant to the
subject matter involved in the pending action or to the
determination of any motion made in that action, if the matter
either is itself admissible in evidence or appears reasonably
calculated to lead to the discovery of admissible evidence.
Discovery may relate to the claim or defense of the party seeking
discovery or of any other party to the action.  Discovery may be
obtained of the identity and location of persons having knowledge
of any discoverable matter, as well as of the existence,
description, nature, custody, condition, and location of any
document, tangible thing, or land or other property.

(b) A party may obtain discovery of the existence and contents of
any agreement under which any insurance carrier may be liable to
satisfy in whole or in part a judgment that may be entered in the
action or to indemnify or reimburse for payments made to satisfy
the judgment.  This discovery may include the identity of the
carrier and the nature and limits of the coverage.  A party may
also obtain discovery as to whether that insurance carrier is
disputing the agreement's coverage of the claim involved in the
action, but not as to the nature and substance of that dispute.
Information concerning the insurance agreement is not by reason of
disclosure admissible in evidence at trial.

(c)    The court shall limit the scope of discovery if it
determines that the burden, expense, or intrusiveness of that
discovery clearly outweighs the likelihood that the information
sought will lead to the discovery of admissible evidence.  The
court may make this determination pursuant to a motion for
protective order by a party or other affected person.  This
motion shall be accompanied by a declaration stating facts
showing a good faith attempt at an informal resolution of each
issue presented by the motion.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion for a protective order, unless it finds that
the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

(d)    In any civil action alleging conduct that constitutes sexual
harassment, sexual assault, or sexual battery, any party seeking
discovery concerning the plaintiff's sexual conduct with
individuals other than the alleged perpetrator is  required to
establish specific facts showing good cause for that discovery,
and that the matter sought to be discovered is relevant to the
subject matter of the action and reasonably calculated to lead to
the discovery of admissible evidence.  This showing shall be made
by noticed motion and shall not be made or considered by the
court at an ex parte hearing.  This motion shall be accompanied
by a declaration stating facts showing a good faith attempt at an
informal resolution of each issue presented by the motion.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion for discovery, unless it finds that the one
subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction
unjust.

2018.  (a) It is the policy of the state to: (1) preserve the rights
of attorneys to prepare cases for trial with that degree of privacy
necessary to encourage them to prepare their cases thoroughly and
to investigate not only the favorable but the unfavorable aspects
of those cases; and (2) to prevent attorneys from taking undue
advantage of their adversary's industry and efforts.

(b) Subject to subdivision c, the work product of an attorney is
not discoverable unless the court determines that denial of
discovery will unfairly prejudice the party seeking discovery in
preparing that party's claim or defense or will result in an
injustice.

(c)    Any writing that reflects an attorney's impressions,
conclusions, opinions, or legal research or theories shall not be
discoverable under any circumstances.

(d)    This section is intended to be a restatement of existing
law relating to protection of work product.  It is not
intended to expand or reduce the extent to which work product
is discoverable under existing law in any action.

(e)    The State Bar may discover the work product of an
attorney against whom disciplinary charges are pending when it
is relevant to issues of breach of duty by the lawyer, subject
to applicable client approval and to a protective order, where
requested and for good cause, to ensure the confidentiality of
work product except for its use by the State Bar in
disciplinary investigations and its consideration under seal
in State Bar Court proceedings.  For purposes of this section,
whenever a client has initiated a complaint against an
attorney, the requisite client approval shall be deemed to
have been granted.

(f)    In an action between an attorney and his or her client or
former client, no work product privilege under this section
exists if the work product is relevant to an issue of breach
by the attorney of a duty to the attorney's client arising out
of the attorney-client relationship.
For purposes of this section, "client" means a client as
defined in Section 951 of the Evidence Code.

2019.  DISCOVERY: (a) Any party may obtain discovery by one or more
of the following methods:

(1)    Oral and written depositions.

(2)    Interrogatories to a party.

(3)    Inspections of documents, things, and places.

(4)    Physical and mental examinations.

(5)    Requests for admissions.

(6)    Simultaneous exchanges of expert trial witness information.

(b)    The court shall restrict the frequency or extent of use
of these discovery methods if it determines either of the
following:

(1)    The discovery sought is unreasonably cumulative or
duplicative, or is obtainable from some other source that is
more convenient, less burdensome, or less expensive.

(2)    The selected method of discovery is unduly burdensome
or expensive, taking into account the needs of the case, the
amount in controversy, and the importance of the issues at
stake in the litigation.

The court may make these determinations pursuant to a motion
for a protective  order by a party or other affected person.

This motion shall be accompanied by a declaration stating
facts showing a good faith attempt at an informal resolution
of each issue presented by the motion.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who
unsuccessfully makes or opposes a motion for a protective
order, unless it finds that the one subject to the sanction
acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

(c)    Unless there is a rule of the Judicial Council, or a local
court rule or local uniform written policy to the contrary, the
methods of discovery may be used in any sequence, and the fact
that a party is conducting discovery, whether by deposition or
another method, shall not operate to delay the discovery of any
other party.  However, on motion and for good cause shown, the
court may establish the sequence and timing of discovery for the
convenience of parties and witnesses and in the interests of
justice.

(d)    In any action alleging the misappropriation of a trade
secret under the Uniform Trade Secrets Act (Title 5 (commencing
with Section 3426) of Part 1 of Division 4 of the Civil Code),
before commencing discovery relating to the trade secret, the
party alleging the misappropriation shall identify the trade
secret with reasonable particularity subject to any orders that
may be appropriate under Section 3426.5 of the Civil Code.

(e)    The provisions of subdivision (a) of Section 1013 relating
to extensions of time where service is made by mail shall be
applicable to any discovery method or motion in this article.

2020.  (a) The method for obtaining discovery within the state from
one who is not a party to the action is an oral deposition under
Section 2025, a written deposition under Section 2028, or a
deposition for production of business records and things under
subdivisions (d) and (e).  Except as provided in paragraph (1) of
subdivision (h) of Section 2025, the process by which a nonparty is
required to provide discovery is a deposition subpoena.  The
deposition subpoena may command any of the following:

(1)    Only the attendance and the testimony of the deponent, under
subdivision c.

(2)    Only the production of business records for copying, under
subdivision (d).

(3)    Both the attendance and the testimony of the deponent, as
well as the production of business records, other documents, and
tangible things, under subdivision (e).

Except as modified in this section, the provisions of
Chapter 2 (commencing with Section 1985), and of Article 4 (commencing
with Section 1560) of Chapter 2 of Division 11 of the Evidence Code,
apply to a deposition subpoena.

(b)    The clerk of the court in which the action is pending shall
issue a deposition subpoena signed and sealed, but otherwise in
blank, to a party requesting it, who shall fill it in before
service.  In lieu of the court-issued deposition subpoena, an
attorney of record for any party may sign and issue a deposition
subpoena; the deposition subpoena in that case need not be
sealed.

(c)    A deposition subpoena that commands only the attendance and
the testimony  of the deponent shall specify the time when and
the place where the deponent is commanded to attend for the
deposition.  It shall set forth a summary of (1) the nature of a
deposition, (2) the rights and duties of the deponent, and (3)
the penalties for disobedience of a deposition subpoena described
in subdivision (h).  If the deposition will be recorded by
videotape under paragraph (2) of subdivision (l) of Section 2025,
the deposition subpoena shall state that it will be recorded in
that manner.  If the deponent is an organization, the deposition
subpoena shall describe with reasonable particularity the matters
on which examination is requested, and shall advise that
organization of its duty to make the designation of employees or
agents who will attend described in subdivision (d) of Section 2025.

(d)    (1) A deposition subpoena that commands only the production
of business records for copying shall designate the business
records to be produced either by specifically describing each
individual item or by reasonably particularizing each category of
item.  This deposition subpoena need not be accompanied by an
affidavit or declaration showing good cause for the production of
the business records designated in it.  It shall be directed to
the custodian of those records or  another person qualified to
certify the records.  It shall command compliance in accordance
with paragraph (4) on a date that is no earlier than 20 days
after the issuance, or 15 days after the service, of the
deposition subpoena, whichever date is later.

(2) If, under Section 1985.3, the one to whom the deposition
subpoena is directed is a witness, and the business records
described in the deposition subpoena are personal records
pertaining to a consumer, the service of the deposition subpoena
shall be accompanied either by a copy of the proof of service of
the notice to the consumer described in subdivision (e) of
Section 1985.3, or by the consumer's written authorization to
release personal records described in paragraph (2) of
subdivision c of Section 1985.3.

(3)    The officer for a deposition seeking discovery only of
business records for copying under this subdivision shall be a
professional photocopier registered under Chapter 20 (commencing
with Section 22450) of Division 8 of the Business and Professions
Code, or  a person exempted from the registration requirements of
that chapter under Section 22451 of the Business and Professions
Code.  This deposition officer shall not be financially
interested in the action, or a relative or employee of any
attorney of the parties.  Any objection to the qualifications of
the deposition officer is waived unless made before the date of
production or as soon thereafter as the ground for that objection
becomes known or could be discovered by reasonable diligence.

(4)    Unless directed to make the records available for inspection
or copying by the subpoenaing party's attorney or a
representative of that attorney at the witness' business address
under subdivision (e) of Section 1560 of the Evidence Code, the
custodian of the records or other qualified person shall, in
person, by messenger, or by mail, deliver only to the deposition
officer specified in the deposition subpoena (1) a true, legible,
and durable copy of the records, and (2) an affidavit in
compliance with Section 1561 of the Evidence Code.  If this
delivery is made to the office of the deposition officer, the
records shall be enclosed, sealed, and directed as described in
subdivision c of Section 1560 of the Evidence Code.  If this
delivery is made at the office of the business whose records are
the subject of the deposition subpoena, the custodian of those
records or other qualified person shall (1) permit the deposition
officer specified in the deposition subpoena to make a copy of
the originals of the designated business records, or (2)
deliver to that deposition officer a true, legible, and
durable copy of the records on receipt of payment in cash or by
check, by or on behalf of the party serving the deposition
subpoena, of the reasonable costs of preparing that copy as
determined under subdivision (b) of Section 1563 of the Evidence
Code.  This copy need not be delivered in a sealed envelope.
Unless the parties, and if the records are those of a consumer as
defined in Section 1985.3, the consumer, stipulate to an earlier
date, the custodian of the records shall not deliver to the
deposition officer the records that are the subject of the
deposition subpoena prior to the date and time specified in the
deposition subpoena.  The following legend shall appear in boldface
type on the deposition subpoena immediately following the date and
time specified for production:  "Do not release the requested
records to the deposition officer prior to the date and time stated
above."

(5)    Promptly on or after the deposition date and after the
receipt or the making of a copy of business records under this
subdivision, the deposition officer shall provide that copy to
the party at whose instance the deposition subpoena was served,
and a copy of those records to any other party to the action who
then or subsequently notifies the deposition officer that the
party desires to purchase a copy of those records.

(6)    The provisions of Section 1562 of the Evidence Code
concerning the admissibility of the affidavit of the custodian or
other qualified person apply to a deposition subpoena served
under this subdivision.

(e)    A deposition subpoena that commands both the attendance
and the testimony of the deponent, as well as the production
of business records, documents, and tangible things, shall (1)
comply with the requirements of subdivision c, (2) designate
the business records, documents, and tangible things to be
produced either by specifically describing each individual
item or by reasonably particularizing each category of item,
and (3) specify any testing or sampling that is being sought.

This deposition subpoena need not be accompanied by an
affidavit or declaration showing good cause for the production
of the documents and things designated.

Where, as described in Section 1985.3, the person to whom the
deposition subpoena is directed is a witness, and the business
records described in the deposition subpoena are personal
records pertaining to a consumer, the service of the deposition
subpoena shall be accompanied either by a copy of the proof of
service of the notice to the consumer described in subdivision (e)
of Section 1985.3, or by the consumer's written authorization
to release personal records described in paragraph (2)
of subdivision c of Section 1985.3.

(f)    Subject to paragraph (1) of subdivision (d), service of a
deposition subpoena shall be effected a sufficient time in
advance of the deposition to provide the deponent a reasonable
opportunity to locate and produce any designated business
records, documents, and tangible things, and, where personal
attendance is commanded, a reasonable time to travel to the
place of deposition.  Any person may serve the subpoena by
personal delivery of a copy of it (1) if the deponent is a
natural person, to that person, and (2) if the deponent is an
organization, to any officer, director, custodian of records,
or to any agent or employee authorized by the organization to
accept service of a subpoena.

If a deposition subpoena requires the personal attendance of
the deponent, under subdivision c or (e), the party noticing
the deposition shall pay to the deponent in cash or by check
the same witness fee and mileage required by
Chapter 1 (commencing with Section 68070) of Title 8 of the
Government Code for attendance and testimony
before the court in which the action is pending. 
This payment, whether or not demanded
by the deponent, shall be made, at the option of the party
noticing the deposition, either at the time of service of the
deposition subpoena, or at the time the deponent attends for
the taking of testimony.

Service of a deposition subpoena that does not require the
personal attendance of a custodian of records or other
qualified person, under subdivision (d), shall be accompanied,
whether or not demanded by the deponent, by a payment in cash
or by check of the witness fee required by paragraph (6) of
subdivision (b) of Section 1563 of the Evidence Code.

(g)    Personal service of any deposition subpoena is effective to
require of any deponent who is a resident of California at the
time of service (1) personal attendance and testimony, if the
subpoena so specifies, (2) any specified production, inspection,
testing, and sampling, and (3) the deponent's attendance at a
court session to consider any issue arising out of the deponent's
refusal to be sworn, or to answer any question, or to produce
specified items, or to permit inspection or specified testing and
sampling of the items produced.

(h)    A deponent who disobeys a deposition subpoena in any manner
described in subdivision (g) may be punished for contempt under
Section 2023 without the necessity of a prior order of court
directing compliance by the witness, and is subject to the
forfeiture and the payment of damages set forth in Section 1992.

2021.  Unless the court orders otherwise, the parties may by written
stipulation (a) provide that depositions may be taken before any
person, at any time or place, on any notice, and in any manner, and
when so taken may be used like other depositions, and (b) modify
the procedures provided by this article for other methods of
discovery.

2023.  (a)  Misuses of the discovery process include, but are not
limited to, the following:

(1)    Persisting, over objection and without substantial
justification, in an attempt to obtain information or materials
that are outside the scope of permissible discovery.

(2)    Using a discovery method in a manner that does not comply
with its specified procedures.

(3)    Employing a discovery method in a manner or to an extent
that causes unwarranted annoyance, embarrassment, or oppression,
or undue burden and expense.

(4)    Failing to respond or to submit to an authorized method of
discovery.

(5)    Making, without substantial justification, an unmeritorous
objection to discovery.

(6)    Making an evasive response to discovery.

(7)    Disobeying a court order to provide discovery.

(8)    Making or opposing, unsuccessfully and without substantial
justification, a motion to compel or to limit discovery.

(9)    Failing to confer in person, by telephone, or by letter with
an opposing party or attorney in a reasonable and good faith
attempt to resolve informally any dispute concerning discovery,
if the section governing a particular discovery motion requires
the filing of a declaration stating facts showing that such an
attempt has been made.  Notwithstanding the outcome of the
particular discovery motion, the court shall impose a monetary
sanction ordering that any party or attorney who fails to confer
as required pay the reasonable expenses, including attorney's
fees, incurred by anyone as a result of that conduct.

(b)    To the extent authorized by the section governing any
particular discovery method or any other provision of this
article, the court, after notice to any affected party,
person, or attorney, and after opportunity for hearing, may
impose the following sanctions against anyone engaging in
conduct that is a misuse of the discovery process.

(1)    The court may impose a monetary sanction ordering that
one engaging in the misuse of the discovery process, or any
attorney advising that conduct, or both pay the reasonable
expenses, including attorney's fees, incurred by anyone as a
result of that conduct.  The court may also impose this
sanction on one unsuccessfully asserting that another has
engaged in the misuse of the discovery process, or on any
attorney who advised that assertion, or on both. If a
monetary sanction is authorized by any provision of this
article, the court shall impose that sanction unless it
finds that the one subject to the sanction acted with
substantial justification or that other circumstances make
the imposition of the sanction unjust.

(2)    The court may impose an issue sanction ordering that
designated facts shall be taken as established in the action
in accordance with the claim of the party adversely affected
by the misuse of the discovery process.  The court may also
impose an issue sanction by an order prohibiting any party
engaging in the misuse of the discovery process from
supporting or opposing designated claims or defenses.

(3)    The court may impose an evidence sanction by an order
prohibiting any party engaging in the misuse of the
discovery process from introducing designated matters in
evidence.

(4)    The court may impose a terminating sanction by one of
the following orders:

(A)    An order striking out the pleadings or parts of the
pleadings of any party engaging in the misuse of the
discovery process.

(B)    An order staying further proceedings by that party
until an order for discovery is obeyed.

(C)    An order dismissing the action, or any part of the
action, of that party.

(D)    An order rendering a judgment by default against
that party.

(5)    The court may impose a contempt sanction by an order
treating the misuse of the discovery process as a contempt
of court.

(c)    A request for a sanction shall, in the notice of motion,
identify every person, party, and attorney against whom the
sanction is sought, and specify the type of sanction sought.
The notice of motion shall be supported by a memorandum of
points and authorities, and accompanied by a declaration
setting forth facts supporting the amount of any monetary
sanction sought.

2024.  (a) Except as otherwise provided in this section, any party
shall be entitled as a matter of right to complete discovery
proceedings on or before the 30thth day, and to have motions
concerning discovery heard on or before the 15thth day, before the
date initially set for the trial of the action.  As used in this
section, discovery is considered completed on the day a response is
due or on the day a deposition begins.  Except as provided in
subdivision (e), a continuance or postponement of the trial date
does not operate to reopen discovery proceedings.

(b) The time limit on completing discovery in an action to be
arbitrated under Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 is subject to Judicial Council Rule.  After an
award in a case ordered to judicial arbitration, completion of
discovery is limited by Section 1141.24.

(c)    This section does not apply to (1) summary proceedings for
obtaining possession of real property governed by
Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, in
which discovery shall be completed on or before the fifth day before
the date set for trial except as provided in subdivisions (e) and (f),
or (2) eminent domain proceedings governed by
Title 7 (commencing with Section 1230.010) of Part 3.

(d)    Any party shall be entitled as a matter of right to complete
discovery proceedings pertaining to a witness identified under
Section 2034 on or before the 15thth day, and to have motions
concerning that discovery heard on or before the 10th. Day,
before the date initially set for the trial of the action.

(e)    On motion of any party, the court may grant leave to
complete discovery proceedings, or to have a motion concerning
discovery heard, closer to the initial trial date, or to reopen
discovery after a new trial date has been set.  This motion shall
be accompanied by a declaration stating facts showing a
reasonable and good faith attempt at an informal resolution of
each issue presented by the motion.

In exercising its discretion to grant or deny this motion, the
court shall take into consideration any matter relevant to the
leave requested, including, but not limited to, the following:

(1)    The necessity and the reasons for the discovery.

(2)    The diligence or lack of diligence of the party seeking the
discovery or the hearing of a discovery motion, and the reasons
that the discovery was not completed or that the discovery motion
was not heard earlier.

(3)    Any likelihood that permitting the discovery or hearing the
discovery motion will prevent the case from going to trial on the
date set, or otherwise interfere with the trial calendar, or
result in prejudice to any other party.

(4)    The length of time that has elapsed between any date
previously set, and the date presently set, for the trial of the
action.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion to extend or to reopen discovery, unless it finds that the one
subject to the sanction acted with substantial justification or that
other circumstances make the imposition of the sanction unjust.

(f)    Parties to the action may, with the consent of any party
affected by it, enter into an agreement to extend the time for
the completion of discovery proceedings or for the hearing of
motions concerning discovery, or to reopen discovery after a new
date for trial of the action has been set.  This agreement may be
informal, but it shall be confirmed in a writing that specifies
the extended date.  In no event shall this agreement require a
court to grant a continuance or postponement of the trial of the
action.

2025.  (a) Any party may obtain discovery within the scope delimited
by Section 2017, and subject to the restrictions set forth in
Section 2019, by taking in California the oral deposition of any
person, including any party to the action.  The person deposed may
be a natural person, an organization such as a public or private
corporation, a partnership, an association, or a governmental
agency.

(b)    Subject to subdivisions (f) and (t), an oral deposition may
be taken as follows:

(1)    The defendant may serve a deposition notice without leave
of court at any time after that defendant has been served or
has appeared in the action, whichever occurs first.

(2)    The plaintiff may serve a deposition notice without leave
of court on any date that is 20 days after the service of the
summons on, or appearance by, any defendant.  However, on
motion with or without notice, the court, for good cause
shown, may grant to a plaintiff leave to serve a deposition
notice on an earlier date.

(c)    A party desiring to take the oral deposition of any person
shall give notice in writing in the manner set forth in
subdivision (d).  However, where under subdivision (d) of
Section 2020 only the production by a nonparty of business records for
copying is desired, a copy of the deposition subpoena shall serve
as the notice of deposition.  The notice of deposition shall be
given to every other party who has appeared in the action.  The
deposition notice, or the accompanying proof of service, shall
list all the parties or attorneys for parties on whom it is
served.

Where, as defined in subdivision (a) of Section 1985.3, the party
giving notice of the deposition is a subpoenaing party, and the
deponent is a witness commanded by a deposition subpoena to
produce personal records of a consumer, the subpoenaing party
shall serve on that consumer (1) a notice of the deposition, (2)
the notice of privacy rights specified in subdivision (e) of
Section 1985.3, and (3) a copy of the deposition subpoena.

(d)    The deposition notice shall state all of the following:

(1)    The address where the deposition will be taken.

(2)    The date of the deposition, selected under subdivision (f),
and the time it will commence.

(3)    The name of each deponent, and the address and telephone
number, if known, of any deponent who is not a party to the
action.  If the name of the deponent is not known, the deposition
notice shall set forth instead a general description sufficient
to identify the person or particular class to which the person
belongs.

(4)    The specification with reasonable particularity of any
materials or category of materials to be produced by the
deponent.

(5)    Any intention to record the testimony by audio tape or video
tape, in addition to recording the testimony by the stenographic
method as required by paragraph (1) of subdivision (l).

(6)    Any intention to reserve the right to use at trial a video
tape deposition of a treating or consulting physician or of any
expert witness under paragraph (4) of subdivision (u).  In this
event, the operator of the video tape camera shall be a person
who is authorized to administer an oath, and shall not be
financially interested in the action or be a relative or employee
of any attorney of any of the parties.

If the deponent named is not a natural person, the deposition notice
shall describe with reasonable particularity the matters on which
examination is requested.  In that event, the deponent shall designate
and produce at the deposition those of its officers, directors,
managing agents, employees, or agents who are most qualified to
testify on its behalf as to those matters to the extent of any
information known or reasonably available to the deponent.  A
deposition subpoena shall advise a nonparty deponent of its duty to
make this designation, and shall describe with reasonable
particularity the matters on which examination is requested.
If the attendance of the deponent is to be compelled by service of a
deposition subpoena under Section 2020, an identical copy of that
subpoena shall be served with the deposition notice.

(e)    (1) The deposition of a natural person, whether or not a
party to the action, shall be taken at a place that is, at the
option of the party giving notice of the deposition, either
within 75 miles of the deponent's residence, or within the county
where the action is pending and within 150 miles of the
deponent's residence, unless the court orders otherwise under
paragraph (3).

(2) The deposition of an organization that is a party to the
action shall be taken at a place that is, at the option of the
party giving notice of the deposition, either within 75 miles of
the organization's principal executive or business office in
California, or within the county where the action is pending and
within 150 miles of that office.  The deposition of any other
organization shall be taken within 75 miles of the organization'
s principal executive or business office in California, unless
the organization consents to a more distant place.  If the
organization has not designated a principal executive or business
office in California, the deposition shall be taken at a place
that is, at the option of the party giving notice of the
deposition, either within the county where the action is pending,
or within 75 miles of any executive or business office in
California of the organization.

(3)    A party desiring to take the deposition of a natural person
who is a party to the action or an officer, director, managing
agent, or employee of a party may make a motion for an order that
the deponent  attend for deposition at a place that is more
distant than that permitted under paragraph (1).  This motion
shall be accompanied by a declaration stating facts showing a
reasonable and good faith attempt at an informal resolution of
any issue presented by the motion.
In exercising its discretion to grant or deny this motion, the court
shall take into consideration any factor tending to show whether the
interests of justice will be served by requiring the deponent's
attendance at that more distant place, including, but not limited to,
the following:

(A)    Whether the moving party selected the forum.

(B)    Whether the deponent will be present to testify at the trial
of the action.

(C)    The convenience of the deponent.

(D)    The feasibility of conducting the deposition by written
questions under Section 2028, or of using a discovery method
other than a deposition.

(E)    The number of depositions sought to be taken at a place more
distant than that permitted under paragraph (1).

(F)    The expense to the parties of requiring the deposition to be
taken within the distance permitted under paragraph (1).

(G)    The whereabouts of the deponent at the time for which the
deposition is scheduled.

The order may be conditioned on the advancement by the moving party of
the reasonable expenses and costs to the deponent for travel to the
place of deposition.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion to increase travel limits for party-deponent, unless it finds
that the one subject to the sanction acted with substantial
justification or that other circumstances make the  imposition of the
sanction unjust.

(f)    An oral deposition shall be scheduled for a date at least 10
days after service of the deposition notice.  If, as defined in
subdivision (a) of Section 1985.3, the party giving notice of the
deposition is a subpoenaing party, and the deponent is a witness
commanded by a deposition subpoena to produce personal records of a
consumer, the deposition shall be scheduled for a date at least 20
days after issuance of that subpoena.  However, in unlawful detainer
actions, an oral deposition shall be scheduled for a date at least
five days after service of the deposition notice, but not later than
five days before trial.

On motion or ex parte application of any party or deponent, for good
cause shown, the court may shorten or extend the time for scheduling a
deposition, or may stay its taking until the determination of a motion
for a protective order under subdivision (i).

(g)    Any party served with a deposition notice that does not
comply with subdivisions (b) to (f), inclusive, waives any error
or irregularity unless that party promptly serves a written
objection specifying that error or irregularity at least three
calendar days prior to the date for which the deposition is
scheduled, on the party seeking to take the deposition and any
other attorney or party on whom the deposition notice was served.
If an objection is made  three calendar days before the
deposition date, the objecting party shall make personal service
of that objection pursuant to Section 1011 on the party who gave
notice of the deposition.  Any deposition taken after the service
of a written objection shall not be used against the objecting
party under subdivision  (u) if the party did not attend the
deposition and if the court determines that the objection was a
valid one.

In addition to serving this written objection, a party may also
move for an order staying the taking of the deposition and
quashing the deposition notice.  This motion shall be accompanied
by a declaration stating facts showing a reasonable and good
faith attempt at an informal resolution of any issue presented by
the motion.  The taking of the deposition is stayed pending the
determination of this motion.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to quash a deposition notice, unless it finds
that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

(h)    (1) The service of a deposition notice under subdivision (c) is
effective to require any deponent who is a party to the
action or an officer, director, managing agent, or employee of a
party to attend and to testify, as well as to produce any document
or tangible thing for inspection and copying.

(2) The attendance and testimony of any other deponent, as well as the
production by the deponent of any document or tangible thing for
inspection and copying, requires the service on the deponent of a
deposition subpoena under Section 2020.

(i)    Before, during, or after a deposition, any party, any
deponent, or any other affected natural person or organization
may promptly move for a protective order.  The motion shall be
accompanied by a declaration stating facts showing a reasonable
and good faith attempt at an informal resolution of each issue
presented by the motion.

The court, for good cause shown, may make any order that justice
requires to protect any party, deponent, or other natural person or
organization from unwarranted annoyance, embarrassment, or oppression,
or undue burden and expense.  This protective order may include, but
is not limited to, one or more of the following directions:

(1)    That the deposition not be taken at all.

(2)    That the deposition be taken at a different time.

(3)    That a video tape deposition of a treating or consulting
physician or of any expert witness, intended for possible use at
trial under paragraph (4) of subdivision (u), be postponed until
the moving party has had an adequate opportunity to prepare, by
discovery deposition of the deponent, or other means, for cross-
examination.

(4)    That the deposition be taken at a place other than that
specified in the deposition notice, if it is within a distance
permitted by subdivision (e).

(5)    That the deposition be taken only on certain specified terms
and conditions.

(6)    That the deponent's testimony be taken by written, instead
of oral, examination.

(7)    That the method of discovery be interrogatories to a party
instead of an oral deposition.

(8)    That the testimony be recorded in a manner different from
that specified in the deposition notice.

(9)    That certain matters not be inquired into.

(10)   That the scope of the examination be limited to certain
matters.

(11)   That all or certain of the writings or tangible things
designated in the  deposition notice not be produced, inspected,
or copied.

(12)   That designated persons, other than the parties to the
action and their officers and counsel, be excluded from attending
the deposition.

(13)   That a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only to specified persons or only in a specified way.

(14)   That the parties simultaneously file specified documents
enclosed in sealed envelopes to be opened as directed by the
court.

(15)   That the deposition be sealed and thereafter opened only on
order of the court.

If the motion for a protective order is denied in whole or in part,
the court may order that the deponent provide or permit the discovery
against which protection was sought on those terms and conditions that
are just.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion for a protective order, unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

(j)    (1) If the party giving notice of a deposition fails to
attend or proceed with it, the court shall impose a monetary
sanction under Section 2023 against that party, or the attorney
for that party, or both, and in favor of any party attending in
person or by attorney, unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

(2) If a deponent does not appear for a deposition because the
party giving notice of the deposition failed to serve a required
deposition subpoena, the court shall impose a monetary sanction
under Section 2023 against that party, or the attorney for that
party, or both, in favor of any other party who, in person or by
attorney, attended at the time and place specified in the
deposition notice in the expectation that the deponent's
testimony would be taken, unless the court finds that the one
subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction
unjust.

If a deponent on whom a deposition subpoena has been served fails
to attend a deposition or refuses to be sworn as a witness, the
court may impose on the deponent the sanctions described in
subdivision (h) of Section 2020.

(3)    If, after service of a deposition notice, a party to the
action or an officer, director, managing agent, or employee of a
party, or a person designated by an organization that is a party
under subdivision (d), without having served a valid objection
under subdivision (g), fails to appear for examination, or to
proceed with it, or to produce for inspection any document or
tangible thing described in the deposition notice, the party
giving the notice may move for an order compelling the deponent's
attendance and testimony, and the production for inspection of
any document or tangible thing described in the deposition
notice.  This motion (A) shall set forth specific facts showing
good cause justifying the production for inspection of any
document or tangible thing described in the deposition notice,
and (B) shall be accompanied by a declaration stating facts
showing a reasonable and good faith attempt at an informal
resolution of each issue presented by it.  If this motion is
granted, the court shall also impose a monetary sanction under
Section 2023 against the deponent or the party with whom the
deponent is affiliated, unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.  On
motion of any other party who, in person or by attorney, attended
at the time and place specified in the deposition notice in the
expectation that the deponent's testimony would be taken, the
court shall also impose a monetary sanction under Section 2023,
unless it finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.

If that party or party-affiliated deponent then fails to obey an
order compelling attendance, testimony, and production, 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 against that party deponent or
against the party with whom the deponent is affiliated.  In lieu
of or in addition to this sanction, the court may impose a
monetary sanction under Section 2023 against that deponent or
against the party with whom that party deponent is affiliated,
and in favor of any party who, in person or by attorney, attended
in the expectation that the deponent's testimony would be taken
pursuant to that order.

(k)    Except as provided in paragraph (3) of subdivision (d) of
Section 2020, the deposition shall be conducted under the supervision
of an officer who is authorized to administer an oath.  This officer
shall not be financially interested in the action and shall not be a
relative or employee of any attorney of any of the parties.  Any
objection to the qualifications of the deposition officer is waived
unless made before the deposition begins or as soon thereafter as the
ground for that objection becomes known or could be discovered by
reasonable diligence.

(l)    (1) The deposition officer shall put the deponent under
oath.  Unless the parties agree or the court orders otherwise,
the testimony, as well as any stated objections, shall be taken
stenographically.  The party noticing the deposition may also
record the testimony by audio tape or video tape if the notice of
deposition stated an intention also to record the testimony by
either of those methods, or if all the parties agree that the
testimony may also be recorded by either of those methods.  Any
other party, at that party's expense, may make a simultaneous
audio tape or video tape record of the deposition, provided that
other party promptly, and in no event less than three calendar
days before the date for which the deposition is scheduled,
serves a written notice of this intention to audio tape or video
tape the deposition testimony on the party or attorney who
noticed the deposition, on all other parties or attorneys on whom
the deposition notice was served under subdivision c, and on any
deponent whose attendance is being compelled by a deposition
subpoena under Section 2020.  If this notice is given three
calendar days before the deposition date, it shall be made by
personal service under Section 1011.  Examination and cross-
examination of the deponent shall proceed as permitted at trial
under the provisions of the Evidence Code.

(2) If the deposition is being recorded by means of audio tape or
video tape, the following procedure shall be observed:

(A)    The area used for recording the deponent's oral testimony
shall be suitably large, adequately lighted, and reasonably
quiet.

(B)    The operator of the recording equipment shall be competent
to set up, operate, and monitor the equipment in the manner
prescribed in this subdivision.  The operator may be an employee
of the attorney taking the deposition unless the operator is also
the deposition officer.  However, if a video tape of deposition
testimony is to be used under paragraph (4) of subdivision (u),
the operator of the recording equipment shall be a person who is
authorized to administer an oath, and shall not be financially
interested in the action or be a relative or employee of any
attorney of any of the parties, unless all parties attending the
deposition agree on the record to waive these qualifications and
restrictions.

(C)    The operator shall not distort the appearance or the
demeanor of participants in the deposition by the use of camera
or sound recording techniques.

(D)    The deposition shall begin with an oral or written statement
on camera or on the audio tape that includes the operator's name
and business address, the name and business address of the
operator's employer, the date, time, and place of the deposition,
the caption of the case, the name of the deponent, a
specification of the party on whose behalf the deposition is
being taken, and any stipulations by the parties.

(E)    Counsel for the parties shall identify themselves on camera
or on the audio tape.

(F)    The oath shall be administered to the deponent on camera or
on the audio tape.

(G)    If the length of a deposition requires the use of more than
one unit of tape, the end of each unit and the beginning of each
succeeding unit shall be announced on camera or on the audio
tape.

(H)    At the conclusion of a deposition, a statement shall be made
on camera or on the audio tape that the deposition is ended and
shall set forth any stipulations made by counsel concerning the
custody of the audio tape or video tape recording and the
exhibits, or concerning other pertinent matters.

(I)    A party intending to offer an audio taped or video taped
recording of a deposition in evidence under subdivision (u) shall
notify the court and all parties in writing of that intent and of
the parts of the deposition to be offered within sufficient time
for objections to be made and ruled on by the judge to whom the
case is assigned for trial or hearing, and for any editing of the
tape.  Objections to all or part of the deposition shall be made
in writing.  The court may permit further designations of
testimony and objections as justice may require.  With respect to
those portions of an audio taped or video taped deposition that
are not designated by any party or that are ruled to be
objectionable, the court may order that the party offering the
recording of the deposition at the trial or hearing suppress
those portions, or that an edited version of the deposition tape
be prepared for use at the trial or hearing.

The original audio tape or video tape of the deposition shall be
preserved unaltered.  If no stenographic record of the deposition
testimony has previously been made, the party offering a video tape or
an audio tape recording of that testimony under subdivision (u) shall
accompany that offer with a stenographic transcript prepared from that
recording.

(3)    In lieu of participating in the oral examination, parties
may transmit written questions in a sealed envelope to the party
taking the deposition for delivery to the deposition officer, who
shall unseal the envelope and propound them to the deponent after
the oral examination has been completed.

(m)    (1) The protection of information from discovery on the
ground that it is privileged or that it is protected work
product under Section 2018 is waived unless a specific
objection to its disclosure is timely made during the
deposition.

(2) Errors and irregularities of any kind occurring at the
oral examination that might be cured if promptly presented are
waived unless a specific objection to them is timely made
during the deposition.  These errors and irregularities
include, but are not limited to, those relating to the manner
of taking the deposition, to the oath or affirmation
administered, to the conduct of a party, attorney, deponent,
or deposition officer, or to the form of any question or
answer.  Unless the objecting party demands that the taking of
the deposition be suspended to permit a motion for a
protective order under subdivision (n), the deposition shall
proceed subject to the objection.

(3)    Objections to the competency of the deponent, or to the
relevancy, materiality, or admissibility at trial of the
testimony or of the materials produced are unnecessary and are
not waived by failure to make them before or during the
deposition.

(4)    If a deponent fails to answer any question or to produce any
document or tangible thing under the deponent's control that is
specified in the deposition notice or a deposition subpoena, the
party seeking that answer or production may  adjourn the
deposition or complete the examination on other matters without
waiving the right at a later time to move for an order compelling
that answer or production under subdivision (o).

(n)    On demand of any party or the deponent, the deposition
officer shall suspend the taking of testimony to enable that
party or deponent to move for a protective order  on the
ground that the examination is being conducted in bad faith or
in a manner that unreasonably annoys, embarrasses, or
oppresses that deponent or party.  This motion shall be
accompanied by a declaration stating facts showing a
reasonable and good faith attempt at an informal resolution of
each issue presented by the motion.  The court, for good cause
shown, may terminate the examination or may limit the scope
and manner of taking the deposition as provided in subdivision (I).
If the order terminates the examination, the deposition
shall not thereafter be resumed, except on order of the court.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully
makes or opposes a motion for this protective order, unless it
finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.

(o)    If a deponent fails to answer any question or to produce any
document or tangible thing under the deponent's control that is
specified in the deposition notice or a deposition subpoena, the
party seeking discovery may move the court for an order
compelling that answer or production.  This motion shall be made
no later than 60 days after the completion of the record of the
deposition, and shall be accompanied by a declaration stating
facts showing a reasonable and good faith attempt at an informal
resolution of each issue presented by the motion.  Notice of this
motion shall be given to all parties, and to the deponent either
orally at the examination, or by subsequent service in writing.
If the notice of the motion is given orally, the deposition
officer shall direct the deponent to attend a session of the
court at the time specified in the notice.  Not less than five
days prior to the hearing on this motion, the moving party shall
lodge with the court a certified copy of any parts of the
stenographic transcript of the deposition that are relevant to
the motion.  If a deposition is recorded by audio tape or video
tape, the moving party is required to lodge a certified copy of a
transcript of any parts of the deposition that are relevant to
the motion.  If the court determines that the answer or
production sought is subject to discovery, it shall order that
the answer be given or the production be made on the resumption
of the deposition.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to compel answer or production, unless it
finds that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.
If a deponent fails to obey an order entered under this
subdivision, the failure may be considered a contempt of court.
In addition, if the disobedient deponent is a party to the action
or an officer, director, managing agent, or employee of a party,
the court may make those orders that are just against the
disobedient party, or against the party with whom the disobedient
deponent is affiliated, including the imposition of an issue
sanction, an evidence sanction, or a terminating sanction under
Section 2023.  In lieu of or in addition to this sanction, the
court may impose a monetary sanction under Section 2023 against
that party deponent or against any party with whom the deponent
is affiliated.

(p)    Unless the parties agree otherwise, the testimony at any
deposition recorded by stenographic means shall be transcribed.
The party noticing the deposition shall bear the cost of that
transcription, unless the court, on motion and for good cause
shown, orders that the cost be borne or shared by another party.
Any other party, at that party's expense, may obtain a copy of
the transcript.  At the request of any other party to the action,
including a party who did not attend the taking of the deposition
testimony, any party who records or causes the recording of that
testimony by means of audio tape or video tape shall promptly (1)
permit that other party to hear the audio tape or to view the
video tape, and (2) furnish a copy of the audio tape or video
tape to that other party on receipt of payment of the reasonable
cost of making that copy of the tape.

If the testimony at the deposition is recorded both
stenographically, and by audio tape or video tape, the
stenographic transcript is the official record of that testimony
for the purpose of the trial and any subsequent hearing or
appeal.

(q)    (1) If the deposition testimony is stenographically
recorded, the deposition officer shall send written notice to the
deponent and to all parties attending the deposition when the
original transcript of the testimony for each session of the
deposition is available for reading, correcting, and signing,
unless the deponent and the attending parties agree on the record
that the reading, correcting, and signing of the transcript of
the testimony will be waived or that the reading, correcting, and
signing of a transcript of the testimony will take place after
the entire deposition has been concluded or at some other
specific time.  For 30 days following each such notice, unless
the attending parties and the deponent agree on the record or
otherwise in writing to a longer or shorter time period, the
deponent may change the form or the substance of the answer to an
question, and may either approve the transcript of the deposition
by signing it, or refuse to approve the transcript by not signing
it.

Alternatively, within this same period, the deponent may change
the form or the substance of the answer to any question and may
approve or refuse to approve the transcript by means of a letter
to the deposition officer signed by the deponent which is mailed
by certified or registered mail with return receipt requested.  A
copy of that letter shall be sent by first-class mail to all
parties attending the deposition.  For good cause shown, the
court may shorten the 30-day period for making changes,
approving, or refusing to approve the transcript.
The deposition officer shall indicate on the original of the
transcript, if the deponent has not already done so at the office
of the deposition officer, any action taken by the deponent and
indicate on the original of the transcript, the deponent's
approval of, or failure or refusal to approve, the transcript.
The deposition officer shall also notify in writing the parties
attending the deposition of any changes which the deponent timely
made in person.  If the deponent fails or refuses to approve the
transcript within the allotted period, the deposition shall be
given the same effect as though it had been approved, subject to
any changes timely made by the deponent.  However, on a
seasonable motion to suppress the deposition, accompanied by a
declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of each issue presented by the
motion, the court may determine that the reasons given for the
failure or refusal to approve the transcript require rejection of
the deposition in whole or in part.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to suppress a deposition, unless it finds
that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

(2) If there is no stenographic transcription of the deposition,
the deposition officer shall send written notice to the deponent
and to all parties attending the deposition that the recording is
available for review, unless the deponent and all these parties
agree on the record to waive the hearing or viewing of an audio
tape or video tape recording of the testimony.  For 30 days
following this notice the deponent, either in person or by signed
letter to the deposition officer, may change the substance of the
answer to any question.

The deposition officer shall set forth in a writing to accompany
the recording any changes made by the deponent, as well as either
the deponent's signature identifying the deposition as his or her
own, or a statement of the deponent's failure to supply such
signature, or to contact the officer within the allotted period.
When a deponent fails to contact the officer within the allotted
period, or expressly refuses by a signature to identify the
deposition as his or her own, the deposition shall be given the
same effect as though signed.  However, on a seasonable motion to
suppress the deposition, accompanied by a declaration stating
facts showing a reasonable and good faith attempt at an informal
resolution of each issue presented by the motion, the court may
determine that the reasons given for the refusal to sign require
rejection of the deposition in whole  or in part.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to suppress a deposition, unless it finds
that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

(r)    The deposition officer shall certify on the transcript of
the deposition, or in the writing accompanying an audio taped or
video taped deposition as described in paragraph (2) of
subdivision (q), that the deponent was duly sworn and that the
transcript or recording is a true record of the testimony given
and of any changes made by the deponent.

(s)    (1) The certified transcript of a deposition shall not be
filed with the court.  Instead, the deposition officer shall
securely seal that transcript in an envelope or package endorsed
with the title of the action and marked:  "Deposition of (here
insert name of deponent)", and shall promptly transmit it to the
attorney for the party who noticed the deposition.  This attorney
shall store it under conditions that will protect it against
loss, destruction, or tampering.

The attorney to whom the transcript of a deposition is
transmitted shall retain custody of it until six months after
final disposition of the action.  At that time, the transcript
may be destroyed, unless the court, on motion of any party and
for good cause shown, orders that the transcript be preserved for
a longer period.

(2) An audio tape or video tape record of deposition testimony,
including a certified tape made by an operator qualified under
subparagraph (B) of paragraph (2) of subdivision (l), shall not
be filed with the court.  Instead, the operator shall retain
custody of that record and shall store it under conditions that
will protect it against loss, destruction, or tampering, and
preserve as  far as practicable the quality of the tape and the
integrity of the testimony and images it contains.

At the request of any party to the action, including a party who
did not attend the taking of the deposition testimony, or at the
request of the deponent, that operator shall promptly (A) permit
the one making the request to hear or to view the tape on receipt
of payment of a reasonable charge for providing the facilities
for hearing or viewing the tape, and (B) furnish a copy of the
audio tape or the video tape recording to the one making the
request on receipt of payment  of the reasonable cost of making
that copy of the tape.

The attorney or operator who has custody of an audio tape or
video tape record of deposition testimony shall retain custody of
it until six months after final disposition of the action.  At
that time, the audio tape or video tape may be destroyed or
erased, unless the court, on motion of any party and for good
cause  shown, orders that the tape be preserved for a longer
period.

(t)    Once any party has taken the deposition of any natural
person, including that of a party to the action, neither the
party who gave, nor any other party who has been served with a
deposition notice pursuant to subdivision c may take a subsequent
deposition of that deponent.  However, for good cause shown, the
court may grant leave to take a subsequent deposition, and the
parties, with the consent of any deponent who is not a party, may
stipulate that a subsequent deposition be taken.  This
subdivision  does not preclude taking one subsequent deposition
of a natural person who has previously been examined as a result
of that person's designation to testify on behalf of an
organization under subdivision (d).

(u)    At the trial or any other hearing in the action, any part or
all of a deposition may be used against any party who was present
or represented at the taking of the deposition, or who had due
notice of the deposition and did not serve a valid objection
under subdivision (g), so far as admissible under the rules of
evidence applied as though the deponent were then present and
testifying as a witness, in accordance with the following
provisions:

(1)    Any party may use a deposition for the purpose of
contradicting or impeaching the testimony of the deponent as a
witness, or for any other purpose permitted by the Evidence
Code.

(2)    An adverse party may use for any purpose, a deposition of
a party to the action, or of anyone who at the time of taking
the deposition was an officer, director, managing agent,
employee, agent, or designee under subdivision (d) of a party.
It is not ground for objection to the use of a deposition of a
party under this paragraph by an adverse party that the
deponent is available to testify, has testified, or will
testify at the trial or other hearing.

(3)    Any party may use for any purpose the deposition of any
person or organization, including that of any party to the
action, if the court finds any of the following:

(A)    The deponent resides more than 150 miles from the place
of the trial or other hearing.

(B)    The deponent, without the procurement or wrongdoing of
the proponent of the deposition for the purpose of
preventing testimony in open court, is (i) exempted or
precluded on the ground of privilege from testifying
concerning the matter to which the deponent's testimony is
relevant, (ii) disqualified from testifying, (iii) dead or
unable to attend or testify because of existing physical or
mental illness or infirmity,

(iv)   absent from the trial or other hearing and the court is unable
to compel the deponent's attendance by its process, or

(v)    absent from the trial or other hearing and the proponent of
the deposition has exercised reasonable diligence but has been
unable to procure the deponent's attendance by the court's
process.

(C)    Exceptional circumstances exist that make it desirable to
allow the use of any deposition in the interests of justice
and with due regard to the importance of presenting the
testimony of witnesses orally in open court.

(4)    Any party may use a video tape deposition of a treating
or consulting physician or of any expert witness even though
the deponent is available to testify if the deposition
notice under subdivision (d) reserved the right to use the
deposition at trial, and if that party has complied with
subparagraph (I) of paragraph (2) of subdivision (l).

(5)    Subject to the requirements of this section, a party
may offer in evidence all or any part of a deposition, and
if the party introduces only part of the deposition, any
other party may introduce any other parts that are relevant
to the parts introduced.

(6)    Substitution of parties does not affect the right to
use depositions previously taken.

(7)    When an action has been brought in any court of the
United States or of any state, and another action involving the same
subject matter is subsequently brought between the same parties or
their representatives or successors in interest, all depositions
lawfully taken and duly filed in the initial action may be used in the
subsequent action as if originally taken in that subsequent action.  A
deposition previously taken may also be used as permitted by the
Evidence Code.

2026.  (a) Any party may obtain discovery by taking an oral
deposition, as described in subdivision (a) of Section 2025, in
another state of the United States, or in a territory or an insular
possession subject to its jurisdiction.  Except as modified in this
section, the procedures for taking oral depositions in California
set forth in Section 2025 apply to an oral deposition taken in
another state of the United States, or in a territory or an insular
possession subject to its jurisdiction.

(b)    (1) If a deponent is a party to the action or an officer,
director, managing agent, or employee of a party, the service of
the deposition notice is effective to compel that deponent to
attend and to testify, as well as to produce any document or
tangible thing for inspection and copying.  The deposition notice
shall specify a place in the state, territory, or insular
possession of the United States that is within 75 miles of the
residence or a business office of a deponent.

(2) If the deponent is not a party to the action or an officer,
director, managing agent, or employee of a party, a party serving
a deposition notice under this section shall use any process and
procedures required and available under the laws of the state,
territory, or insular possession where the deposition is to be
taken to compel the deponent to attend and to testify, as well as
to produce any document or tangible thing for inspection,
copying, and any related activity.

(c)    A deposition taken under this section shall be conducted

(1)    under the supervision of a person who is authorized to
administer oaths by the laws of the United States or those of the
place where the examination is to be held, and who is not otherwise
disqualified under subdivision (k) of Section 2025, or

(2)    before a person appointed by the court.  This appointment is
effective to authorize that person to administer oaths and to take
testimony.  When necessary or convenient, the court shall issue a
commission on such terms and with such directions as are just and
appropriate.

2027.  (a) Any party may obtain discovery by taking an oral
deposition, as described in subdivision (a) of Section 2025, in a
foreign nation.  Except as modified in this section, the procedures
for taking oral depositions in California set forth in Section 2025
apply to an oral deposition taken in a foreign nation.

(b) (1) If a deponent is a party to the action or an officer,
director, managing agent, or employee of a party, the service of
the deposition notice is effective to compel the deponent to attend
and to testify, as well as to produce any document or tangible
thing for inspection and copying.

(2) If a deponent is not a party to the action or an officer,
director, managing agent or employee of a party, a party serving a
deposition notice under this section shall use any process and
procedures required and available under the laws of the foreign
nation where the deposition is to be taken to compel the deponent
to attend and to testify, as well as to produce any document or
tangible thing for inspection, copying, and any related activity.

(c)    A deposition taken under this section shall be conducted (1)
under the supervision of a person who is authorized to
administer oaths or their equivalent by the laws of the United
States or of the foreign nation, and who is not otherwise
disqualified under subdivision (k) of Section 2025, or (2) a person
or officer appointed by commission or under letters rogatory; or

(3) any person agreed to by all the parties.

On motion of the party seeking to take an oral deposition in a
foreign nation, the court in which the action is pending shall
issue a commission, letters rogatory, or a letter of request, if it
determines that one is necessary or convenient.  The commission,
letters rogatory, or letter of request may include any terms and
directions that are just and appropriate.  The deposition officer
may be designated by name or by descriptive title in the deposition
notice and in the commission.  Letters rogatory or a letter of
request may be addressed:  "To the Appropriate Judicial Authority
in (name of foreign nation)."

2028.  (a) Any party may obtain discovery by taking a deposition by
written questions instead of by oral examination.  Except as
modified in this section, the procedures for taking oral
depositions set forth in Sections 2025, 2026, and 2027 apply to
written depositions.

(b) The notice of a written deposition shall comply with
subdivision (d) of Section 2025, except that (1) the name or
descriptive title, as well as the address, of the deposition
officer shall be stated, and (2) the date, time, and place for
commencement of the deposition may be left to future
determination by the deposition officer.

(c)    The questions to be propounded to the deponent by direct
examination shall accompany the notice of a written deposition.
Within 30 days after the deposition notice and questions are
served, a party shall serve any cross questions on all other
parties entitled to notice of the deposition.

Within 15 days after being served with cross questions, a party
shall serve any redirect questions on all other parties entitled
to notice of the deposition.

Within 15 days after being served with redirect questions, a
party shall serve any recross questions on all other parties
entitled to notice of the deposition.

The court may, for good cause shown, extend or shorten the time
periods for the interchange of cross, redirect, and recross
questions.

(d)    (1) A party who objects to the form of any question shall
serve a specific objection to that question on all parties
entitled to notice of the deposition within 15 days after service
of the question.  A party who fails to timely serve an objection
to the form of a question waives it.  The objecting party shall
promptly move the court to sustain the objection.  This motion
shall be accompanied by a declaration stating facts showing a
reasonable and good faith attempt at an informal resolution of
each issue presented by the objection and motion.  Unless the
court has sustained that objection, the  deposition officer shall
propound to the deponent that question subject to that objection
as to its form.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to sustain an objection, unless it finds that
the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

(2)    A party who objects to any question on the ground that it
calls for information that is privileged or is protected work
product under Section 2018 shall serve a specific objection to
that question on all parties entitled to notice of  the
deposition within 15 days after service of the question.  A party
who fails to timely serve that objection waives it.  The party
propounding any question to which an objection is made on those
grounds may then move the court for an order overruling that
objection.  This motion shall be accompanied by a declaration
stating facts constituting a reasonable and good faith attempt at
an informal resolution of each issue presented by the objection
and motion.  The deposition officer shall not propound to the
deponent any question to which a written objection on those
grounds has been served unless the court has overruled that
objection.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to overrule an objection, unless it finds
that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

(e)    The party taking a written deposition may forward to the
deponent a copy of the questions on direct examination for study
prior to the deposition. No party or attorney shall permit the
deponent to preview the form or the substance of any cross,
redirect, or recross questions.

(f)    In addition to any appropriate order listed in subdivision (I)
of Section 2025, the court may order any of the following:

(1)    That the deponent's testimony be taken by oral, instead
of written, examination.

(2)    That one or more of the parties receiving notice of the
written deposition be permitted to attend in person or by
attorney and to propound questions to the deponent by oral
examination.

(3)    That objections under subdivision (d) be sustained or
overruled.

(4)    That the deposition be taken before an officer other than
the one named or described in the deposition notice.

(g)    The party taking the deposition shall deliver to the officer
designated in the deposition notice a copy of that notice and of
all questions served under subdivision c.  The deposition officer
shall proceed promptly to propound the questions and to take and
record the testimony of the deponent in response to the
questions.

2029.  Whenever any mandate, writ, letters rogatory, letter of
request, or commission is issued out of any court of record in any
other state, territory, or district of the United States, or in a
foreign nation, or whenever, on notice or agreement, it is required
to take the oral or written deposition of a natural person in
California, the deponent may be compelled to appear and testify,
and to produce documents and things, in the same manner, and by the
same process as may be employed for the purpose of taking testimony
in actions pending in California.

2030.  (a) Any party may obtain discovery within the scope delimited
by Section 2017, and subject to the restrictions set forth in
Section 2019, by propounding to any other party to the action
written interrogatories to be answered under oath.

(b)    A defendant may propound interrogatories to a party to the
action without leave of court at any time.  A plaintiff may
propound interrogatories to a party without leave of court at any
time that is 10 days after the service of the summons on, or in
unlawful detainer actions five days after service of the summons
on or appearance by, that party, whichever occurs first.
However, on motion with or without notice, the court, for good
cause shown, may grant leave to  a plaintiff to propound
interrogatories at an earlier time.

(c)    (1) A party may propound to another party (1) 35 specially
prepared interrogatories, and (2) any additional number of
official form interrogatories, as described in Section 2033.5,
that are relevant to the subject matter of the pending action.
Except as provided in paragraph (8), no party shall, as a matter of
right, propound to any other party more than 35 specially prepared
interrogatories.  If the initial set of interrogatories does not
exhaust this limit, the balance may be propounded in subsequent sets.
Unless a declaration as described in paragraph (3) has been made, a
party need only respond to the first 35 specially prepared
interrogatories served, if that party states an objection to the
balance, under paragraph (3) of subdivision (f), on the ground that
the limit has been exceeded.

(2)    Subject to the right of the responding party to seek a
protective order under subdivision (e), any party who attaches a
supporting declaration as described in paragraph (3) may propound
a greater number of specially prepared interrogatories to another
party if this greater number is warranted because of any of the
following:

(A)    The complexity or the quantity of the existing and
potential issues in the particular case.

(B)    The financial burden on a party entailed in conducting
the discovery by oral deposition.

(C)    The expedience of using this method of discovery to
provide to the responding party the opportunity to conduct an
inquiry, investigation, or search of files or records to
supply the information sought.

If the responding party seeks a protective order on the ground that
the number of specially prepared interrogatories is unwarranted, the
propounding party shall have the burden of justifying the number of
these interrogatories.

(3)    Any party who is propounding or has propounded more than 35
specially prepared interrogatories to any other party shall attach
to each set of those interrogatories a declaration containing
substantially the following:

DECLARATION FOR ADDITIONAL DISCOVERY
I, ______, declare:

_1. I am (a party to this action or proceeding appearing in propria
persona) (presently the attorney for ______, a party to this
action or proceeding).

_2. I am propounding to ____ the attached set of interrogatories.

_3. This set of interrogatories will cause the total number of
specially prepared interrogatories propounded to the party to
whom they are directed to exceed the number of specially prepared
interrogatories permitted by paragraph (1) of subdivision c of
Section 2030 of the Code of Civil Procedure.

_4. I have previously propounded a total of ____ interrogatories to
this party, of which ____ interrogatories were not official form
interrogatories.

_5. This set of interrogatories contains a total of ____ specially
prepared interrogatories.

_6. I am familiar with the issues and the previous discovery
conducted by all of the parties in the case.

_7. I have personally examined each of the questions in this set of
interrogatories.

_8. This number of questions is warranted under paragraph (2) of
subdivision c of Section 2030 of the Code of Civil Procedure
because ____.  (Here state each factor described in paragraph (2)
of subdivision c that is relied on, as well as the reasons why
any factor relied on is applicable to the instant lawsuit.)

_9. None of the questions in this set of interrogatories is being
propounded for any improper purpose, such as to harass the party,
or the attorney for the party, to whom it is directed, or to
cause unnecessary delay or needless increase in the cost of
litigation.

I declare under penalty of perjury under the laws of California that
the foregoing is true and correct, and that this declaration was
executed on ____.
______________________________________

(Signature)

Attorney for
_________________________

(4)    A party propounding interrogatories shall number each set of
interrogatories consecutively.  In the first paragraph
immediately below the title of the case, there shall appear the
identity of the propounding party, the set number, and the
identity of the responding party.  Each interrogatory in a set
shall be separately set forth and identified by number or letter.

(5)    Each interrogatory shall be full and complete in and of
itself.  No preface or instruction shall be included with a set
of interrogatories unless it has been approved under Section 2033.5.
Any term specially defined in a set of interrogatories
shall be typed with all letters capitalized wherever that term
appears.  No specially prepared interrogatory shall contain
subparts, or a compound, conjunctive, or disjunctive question.

(6)    An interrogatory may relate to whether another party is
making a certain contention, or to the facts, witnesses, and
writings on which a contention is based.  An interrogatory is not
objectionable because an answer to it involves an opinion or
contention that relates to fact or the application of law to
fact, or would be based on information obtained or legal theories
developed in anticipation of litigation or in preparation for
trial.

(7)    An interrogatory may not be made a continuing one so as to
impose on the party responding to it a duty to supplement an
answer to it that was initially correct and complete with later
acquired information.

(8)    In addition to the number of interrogatories permitted by
paragraphs (1) and (2), a party may propound a supplemental
interrogatory to elicit any later acquired information bearing on
all answers previously made by any party in response to
interrogatories (1) twice prior to the initial setting of a trial
date, and (2) subject to the time limits on discovery proceedings
and motions provided in Section 2024, once after the initial
setting of a trial date.  However, on motion, for good cause
shown, the court may grant leave to a party to propound an
additional number of supplemental interrogatories.

(d)    The party propounding interrogatories shall serve a copy
of them (1) on the party to whom they are directed, and (2) on
all other parties who have appeared in the action, unless  the
court on motion with or without notice has relieved that party
from this requirement on its determination that service on all
other parties would be unduly expensive or burdensome.

(e)    When interrogatories have been propounded, the responding
party, and any other party or affected natural person or
organization may promptly move for a protective order.  This
motion shall be accompanied by a declaration stating facts
showing a reasonable and good faith attempt at an informal
resolution of each issue presented by the motion.
The court, for good cause shown, may make any order that
justice requires to protect any party or other natural person
or organization from unwarranted annoyance, embarrassment, or
oppression, or undue burden and expense.  This protective
order may include, but is not limited to, one or more of the
following directions:

(1)    That the set of interrogatories, or particular
interrogatories in the set, need not be answered.

(2)    That, contrary to the representations made in a declaration
submitted under paragraph (3) of subdivision c, the number of
specially prepared interrogatories is unwarranted.

(3)    That the time specified in subdivision (h) to respond to the
set of interrogatories, or to particular interrogatories in the
set, be extended.

(4)    That the response be made only on specified terms and
conditions.

(5)    That the method of discovery be an oral deposition instead
of interrogatories to a party.

(6)    That a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only in a certain way.

(7)    That some or all of the answers to interrogatories be sealed
and thereafter opened only on order of the court.
If the motion for a protective order is denied in whole or in part,
the court may order that the party provide or permit the discovery
against which protection was sought on terms and conditions that are
just.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion for a protective order, unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances made the imposition of the sanction unjust.

(f)    The party to whom interrogatories have been propounded shall
respond in writing under oath separately to each interrogatory by

(1) an answer containing the information sought to be discovered,

(2) an exercise of the party's option to produce writings, or (3)
an objection to the particular interrogatory.  In the first
paragraph of the response immediately below the title of the
case, there shall appear the identity of the responding party,
the set number, and the identity of the propounding party.  Each
answer, exercise of option, or objection in the response shall
bear the same identifying number or letter and be in the same
sequence as the corresponding interrogatory, but the text of that
interrogatory need not be repeated.

(1)    Each answer in the response shall be as complete and
straightforward as the information reasonably available to the
responding party permits.  If an interrogatory cannot be
answered completely, it shall be answered to the extent
possible.  If the responding party does not have personal
knowledge sufficient to respond fully to an interrogatory,
that party shall so state, but shall make a reasonable and
good faith effort to obtain the information by inquiry to
other natural persons or organizations, except where the
information is equally available to the propounding party.

(2)    If the answer to an interrogatory would necessitate the
preparation or the making of a compilation, abstract, audit,
or summary of or from the documents of the party to whom the
interrogatory is directed, and if the burden or expense of
preparing or making it would be substantially the same for the
party propounding the interrogatory as for the responding
party, it is a sufficient answer to that interrogatory to
refer to this subdivision and to specify the writings from
which the answer may be derived or ascertained.  This
specification shall be in sufficient detail to permit the
propounding party to locate and to identify, as readily as the
responding party can, the documents from which the answer may
be ascertained.  The responding party shall then afford to the
propounding party a reasonable opportunity to examine, audit,
or inspect these documents and to make copies, compilations,
abstracts, or summaries of them.

(3)    If only a part of an interrogatory is objectionable, the
remainder of the interrogatory shall be answered.  If an
objection is made to an interrogatory or to a part of an
interrogatory, the specific ground for the objection shall be
set forth clearly in the response.  If an objection is based
on a claim of privilege, the particular privilege invoked
shall be clearly stated.  If an objection is based on a claim
that the information sought is protected work product under
Section 2018, that claim shall be expressly asserted.

(g)    The party to whom the interrogatories are directed shall
sign the response under oath unless the response contains only
objections.  If that party is a public or private corporation, or
a partnership, association, or governmental agency, one of its
officers or agents shall sign the response under oath on behalf
of that party.  If the officer or agent signing the response on
behalf of that party is an attorney acting in that capacity for
the party, that party waives any lawyer-client privilege and any
protection for work product under Section 2018 during any
subsequent discovery from that attorney concerning the identity
of the sources of the information contained in the response.  The
attorney for the responding party shall sign any responses that
contain an objection.

(h)    Within 30 days after service of interrogatories, or in
unlawful detainer actions within five days after service of
interrogatories the party to whom the interrogatories are
propounded shall serve the original of the response to them on
the propounding party, unless on motion of the propounding party
the court has shortened the time for response, or unless on
motion of the responding party the court has extended the time
for response.  In unlawful detainer actions, the party to whom
the interrogatories are propounded shall have five days from the
date of service to respond unless on motion of the propounding
party the court has shortened the time for response.  The party
to whom the interrogatories are propounded shall also serve a
copy of the response on all other parties who have appeared in
the action, unless the court on motion with or without notice has
relieved that party from this requirement on its determination
that service on all other parties would be unduly expensive or
burdensome.

(i)    The party propounding interrogatories and the responding
party may agree to extend the time for service of a response to a
set of interrogatories, or to particular interrogatories in a
set, to a date beyond that provided in subdivision (h).  This
agreement may be informal, but it shall be confirmed in a writing
that specifies the extended date for service of a response.
Unless this agreement expressly states otherwise, it is effective
to preserve to the responding party the right to respond to any
interrogatory to which the agreement applies in any manner
specified in subdivision (f).

(j)    The interrogatories and the response thereto shall not be
filed with the court.  The propounding party shall retain both
the original of the interrogatories, with the original proof of
service affixed to them, and the original of the sworn response
until six months after final disposition of the action.  At that
time, both originals may be destroyed, unless the court on motion
of any party and for good cause shown orders that the originals
be preserved for a longer period.

(k)    If a party to whom interrogatories have been directed fails
to serve a timely response, that party waives any right to
exercise the option to produce writings under subdivision (f), as
well as any objection to the interrogatories, including one based
on privilege or on the protection for work product under
Section 2018.  However, the court, on motion, may relieve that party
from this waiver on its determination that (1) the party has
subsequently served a response that is in substantial compliance
with subdivision (f), and (2) the party's failure to serve a
timely response was the result of mistake, inadvertence, or
excusable neglect.

The party propounding the interrogatories may move  for an order
compelling response to the interrogatories.  The court shall
impose a monetary sanction under Section 2023 against any party,
person, or attorney who unsuccessfully makes or opposes a motion
to compel a response to interrogatories, unless it finds that the
one subject to the sanction acted with substantial justification
or that other circumstances make the imposition of the sanction
unjust.  If a party then fails to obey an order compelling
answers, 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.

(l)    If the propounding party, on receipt of a response to
interrogatories, deems that (1) an answer to a particular
interrogatory is evasive or incomplete, (2) an exercise of the
option to produce documents under paragraph (2) of subdivision (f)
is unwarranted or the required specification of those
documents is inadequate, or (3) an objection to an interrogatory
is without merit or too general, that party may move for an order
compelling a further response.  This motion shall be accompanied
by a declaration stating facts showing a reasonable and good
faith attempt at an informal resolution of each issue presented
by the motion.

Unless notice of this motion is given within 45 days of the
service of the response, or any supplemental response, or on or
before any specific later date to which the propounding party and
the responding party have agreed in writing, the propounding
party waives any right to compel a further response to the
interrogatories.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to compel a further response to
interrogatories, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
If a party then fails to obey an order compelling further
response to interrogatories, 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.

(m)    Without leave of court, a party may serve an amended answer
to any interrogatory that contains information subsequently
discovered, inadvertently omitted, or mistakenly stated in the
initial interrogatory.  At the trial of the action, the
propounding party or any other party may use the initial answer
under subdivision (n), and the responding party may then use the
amended answer.

The party who propounded an interrogatory to which an amended
answer has been served may move for an order that the initial
answer to that interrogatory be deemed binding on the responding
party for the purpose of the pending action.  This motion shall
be accompanied by a declaration stating facts showing a
reasonable and good faith attempt at an informal resolution of
each issue presented by the motion.  The court shall grant this
motion if it determines that (1) the initial failure of the
responding party to answer the interrogatory correctly has
substantially prejudiced the party who propounded the
interrogatory, (2) the responding party has failed to show
substantial justification for the initial answer to that
interrogatory, and (3) the prejudice to the propounding party
cannot be cured either by a continuance to permit further
discovery or by the use of the initial answer under subdivision

(n).
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to deem binding an initial answer to an
interrogatory, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

(n)    At the trial or any other hearing in the action, so far as
admissible under the rules of evidence, the propounding party or
any party other than the responding party may use any answer or
part of an answer to an interrogatory only against the responding
party.  It is not ground for objection to the use of an answer to
an interrogatory that the responding party is available to
testify, has testified, or will testify at the trial or other
hearing.

2031.  (a) Any party may obtain discovery within the scope delimited
by Section 2017, and subject to the restrictions set forth in
Section 2019, by inspecting documents, tangible things, and land or
other property that are in the possession, custody, or control of
any other party to the action.

(1)    A party may demand that any other party produce and permit
the party making the demand, or someone acting on that party's
behalf, to inspect and to copy a document that is in the
possession, custody, or control of the party on whom the demand
is made.

(2)    A party may demand that any other party produce and permit
the party making the demand, or someone acting on that party's
behalf, to inspect and to photograph, test, or sample any
tangible things that are in the possession, custody, or control
of the party on whom the demand is made.

(3)    A party may demand that any other party allow the party
making the demand, or someone acting on that party's behalf, to
enter on any land or other property that is in the possession,
custody, or control of the party on whom the demand is made, and
to inspect and to measure, survey, photograph, test, or sample
the land or other property, or any designated object or operation
on it.

(b)    A defendant may make a demand for inspection without
leave of court at any time.  A plaintiff may make a demand for
inspection without leave of court at any time that is 10 days
after the service of the summons on, or in unlawful detainer
actions within five days after service of the summons on or
appearance by, the party to whom the demand is directed,
whichever occurs first.  However, on motion with or without
notice, the court, for good cause shown, may grant leave to a
plaintiff to make an inspection demand at an earlier time.

(c)    A party demanding an inspection shall number each set of
demands consecutively.  In the first paragraph immediately
below the title of the case, there shall appear the identity
of the demanding party, the set number, and the identity of
the responding party.  Each demand in a set shall be
separately set forth, identified by number or letter, and
shall do all of the following:

(1)    Designate the documents, tangible things, or land or
other property to be inspected either by specifically
describing each individual item or by reasonably
particularizing each category of item.

(2)    Specify a reasonable time for the inspection that is at
least 30 days after service of the demand, or in unlawful
detainer actions at least five days after service of the
demand, unless the court for good cause shown has granted
leave to specify an earlier date.

(3)    Specify a reasonable place for making the inspection,
copying, and performing any related activity.

(4)    Specify any related activity that is being demanded in
addition to an inspection and copying, as well as the manner
in which that related activity will be performed, and
whether that activity will permanently alter or destroy the
item involved.

(d)    The party demanding an inspection shall serve a copy of
the inspection demand on the party to whom it is directed and
on all other parties who have appeared in the action.

(e)    When an inspection of documents, tangible things or
places has been demanded, the party to whom the demand has
been directed, and any other party or affected person or
organization, may promptly move for a protective order. This
motion shall be accompanied by a declaration stating facts
showing a reasonable and good faith attempt at an informal
resolution of each issue presented by the motion.

The court, for good cause shown, may make any order that
justice requires to protect any party or other natural person
or organization from unwarranted annoyance, embarrassment, or
oppression, or undue burden and expense.  This protective
order may include, but is not limited to, one or more of the
following directions:

(1)    That all or some of the items or categories of items in the
inspection demand need not be produced or made available at all.

(2)    That the time specified in subdivision (h) to respond to the
set of inspection demands, or to a particular item or category in
the set, be extended.

(3)    That the place of production be other than that specified in
the inspection demand.

(4)    That the inspection be made only on specified terms and
conditions.

(5)    That a trade secret or other confidential research,
development, or commercial information not be disclosed, or be
disclosed only to specified persons or only in a specified way.

(6)    That the items produced be sealed and thereafter opened only
on order of the court.

If the motion for a protective order is denied in whole or in part,
the court may order that the party to whom the demand was directed
provide or permit the discovery against which protection was sought on
terms and conditions that are just.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion for a protective order, unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

(f)    The party to whom an inspection demand has been directed
shall respond separately to each item or category of item by a
statement that the party will comply with the particular demand
for inspection and any related activities, a representation that
the party lacks the ability to comply with the demand for
inspection of a particular item or category of item, or an
objection to the particular demand.
In the first paragraph of the response immediately below the
title of the case, there shall appear the identity of the
responding party, the set number, and the identity of the
demanding party.  Each statement of compliance, each
representation, and each objection in the response shall bear the
same number and be in the same sequence as the corresponding item
or category in the demand, but the text of that item or category
need not be repeated.

(1)    A statement that the party to whom an inspection demand has
been directed will comply with the particular demand shall state
that the production, inspection, and related activity demanded
will be allowed either in whole or in part, and that all
documents or things in the demanded category that are in the
possession, custody, or control of that party and to which no
objection is being made will be included in the production.
Any documents demanded shall either be produced as they are kept
in the usual course of business, or be organized and labeled to
correspond with the categories in the demand.  If necessary, the
responding party at the reasonable expense of the demanding party
shall, through detection devices, translate any data compilations
included in the demand into reasonably usable form.

(2)    A representation of inability to comply with the particular
demand for inspection shall affirm that a diligent search and a
reasonable inquiry has been made in an effort to comply with that
demand.  This statement shall also specify whether the inability
to comply is because the particular item or category has never
existed, has been destroyed, has been lost, misplaced, or stolen,
or has never been, or is no longer, in the possession, custody,
or control of the responding party.  The statement shall set
forth the name and address of any natural person or organization
known or believed by that party to have possession, custody, or
control of that item or category of item.

(3)    If only part of an item or category of item in an inspection
demand is objectionable, the response shall contain a statement
of compliance, or a representation of inability to comply with
respect to the remainder of that item or category.
If the responding party objects to the demand for inspection of
an item or category of item, the  response shall (A) identify
with particularity any document, tangible thing, or land falling
within any category of item in the demand to which an objection
is being made, and (B) set forth clearly the extent of, and the
specific ground for, the objection.  If an objection is based
on a claim of privilege, the particular privilege invoked shall
be stated.  If an objection is based on a claim that the
information sought is protected work product  under Section 2018,
that claim shall be expressly asserted.

(g)    The party to whom the demand for inspection is directed
shall sign the response under oath unless the response contains
only objections.  If that party is a public or private
corporation or a partnership or association or governmental
agency, one of its officers or agents shall  sign the response
under oath on behalf of that party.  If the officer or agent
signing the response on behalf of that party is an attorney
acting in that capacity for a party, that party waives any lawyer-
client privilege and any protection for work product under
Section 2018 during any subsequent discovery from that attorney
concerning the identity of the sources of the information
contained in the response.  The attorney for the responding party
shall sign any responses that contain an objection.

(h)    Within 20 days after service of an inspection demand, or in
unlawful detainer actions within five days of an inspection
demand, the party to whom the demand is directed shall serve the
original of the response to it on the party making the demand,
and a copy of the response on all other parties who have appeared
in the action, unless on motion of the party making the demand
the court has shortened the time for response, or unless on
motion of the party to whom the demand has been directed, the
court has extended the time for response.  In unlawful detainer
actions, the party to whom the demand is directed shall have at
least five days from the date of service of the demand to respond
unless on motion of the party making the demand the court has
shortened the time for the response.

(i)    The party demanding an inspection and the responding party
may agree to extend the time for service of a response to a set
of inspection demands, or to particular items or categories of
items in a set, to a date beyond that provided in subdivision (h).
This agreement may be informal, but it shall be confirmed
in a writing that specifies the extended date for service of a
response.  Unless this agreement expressly states otherwise, it
is effective to preserve to the responding party the right to
respond to any item or category of item in the demand to which
the agreement applies in any manner specified in subdivision (f).

(j)    The inspection demand and the response to it shall not be
filed with the court.  The party demanding an inspection shall
retain both the original of the inspection demand, with the
original proof of service affixed to it, and the original of the
sworn response until six months after final disposition of the
action.  At that time, both originals may be destroyed, unless
the court, on motion of any party and for good cause shown,
orders that the originals be preserved for a longer period.

(k)    If a party to whom an inspection demand has been directed
fails to serve a timely response to it, that party waives any
objection to the demand, including one based on privilege or on
the protection for work product under Section 2018.  However, the
court, on motion, may relieve that party from this waiver on its
determination that (1) the party has subsequently served a
response that is in substantial compliance with subdivision (f),
and (2) the party's failure to serve a timely response was the
result of mistake, inadvertence, or excusable neglect.

The party making the demand may move for an order compelling
response  to the inspection demand.  The court shall impose a
monetary sanction under Section 2023 against any party, person,
or attorney who unsuccessfully makes or opposes a motion to
compel a response to an inspection demand, unless it finds that
the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.  If a party then fails to obey the order
compelling a 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.

(l)    If the party demanding an inspection, on receipt of a
response to an inspection demand, deems that (1) a statement of
compliance with the demand is incomplete, (2) a representation of
inability to comply is inadequate, incomplete, or evasive, or (3)
an objection in the response is without merit or too general,
that party may move for an order compelling further response to
the demand.  This motion (1) shall set forth specific facts
showing good cause justifying the discovery sought by the
inspection demand, and (2) shall be accompanied by a declaration
stating facts showing a reasonable and good faith attempt at an
informal resolution of any issue presented by it.

Unless notice of this motion is given within 45 days of the
service of the response, or any supplemental response, or on or
before any specific later date to which the demanding party and
the responding party have agreed in writing, the demanding party
waives any right to compel a further response to the inspection
demand.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to compel further response to an inspection
demand, unless it finds that the one subject to the sanction
acted with substantial justification or that other circumstances
make the imposition of the sanction unjust.

If a party fails to obey an order compelling 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.

(m)    If a party filing a response to a demand for inspection
under subdivision (f) thereafter fails to permit the inspection
in accordance with that party's statement of compliance, the
party demanding the inspection may move for an order compelling
compliance.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to compel compliance with an inspection
demand, unless it finds that the one subject to the sanction
acted with substantial justification or that other circumstances
make the imposition of the sanction unjust.

If a party then fails to obey an order compelling inspection, 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.

2032.  (a) Any party may obtain discovery, subject to the
restrictions set forth in Section 2019, by means of a physical or
mental examination of (1) a party to the action, (2) an agent of
any party, or (3) a natural person in the custody or under the
legal control of a party, in any action in which the mental or
physical condition (including the blood group) of that party or
other person is in controversy in the action.

(b)    A physical examination conducted under this section shall be
performed only by a licensed physician or other appropriate
licensed health care practitioner.  A mental examination
conducted under this section shall be performed only by a
licensed physician, or by a licensed clinical psychologist who
holds a doctoral degree in psychology and has had at least five
years of postgraduate experience in the diagnosis of emotional
and mental disorders.  Nothing in this section affects tests
under the Uniform Act on Blood Tests to Determine
Paternity (Chapter 2 (commencing with Section 7550) of
Part 2 of Division 12 of the Family Code).

(c)    (1) As used in this subdivision, plaintiff includes a cross-
complainant, and defendant includes a cross-defendant.

(2) In any case in which a plaintiff is seeking recovery for
personal injuries, any defendant may demand one physical
examination of the plaintiff, provided the examination does not
include any diagnostic test or procedure that is painful,
protracted, or intrusive, and is conducted at a location within 75
miles of the residence of the examinee.  A defendant may make this
demand without leave of court after that defendant has been served or
has appeared in the action, whichever occurs first.  This demand shall
specify the time, place, manner, conditions, scope, and nature of the
examination, as well as the identity and the specialty, if any, of the
physician who will perform the examination.

(3)    A physical examination demanded under this subdivision shall
be scheduled for a date that is at least 30 days after service of
the demand for it unless on motion of the party demanding the
examination the court has shortened this time.

(4)    The defendant shall serve a copy of the demand for this
physical examination on the plaintiff and on all other parties
who have appeared in the action.

(5)    The plaintiff to whom this demand for a physical examination
has been directed shall respond to the demand by a written
statement that the examinee will comply with the demand as
stated, will comply with the demand as specifically modified by
the plaintiff, or will refuse, for reasons specified in the
response, to submit to the demanded physical examination. 

Within 20 days after service of the demand the plaintiff to whom the
demand is directed shall serve the original of the response to it
on the defendant making the demand, and a copy of the response on
all other parties who have appeared in the action, unless on
motion of the defendant making the demand the court has shortened
the time for response, or unless on motion of the plaintiff to
whom the demand has been directed, the court has extended the
time for response.

(6)    If a plaintiff to whom this demand for a physical
examination has been directed fails to serve a timely response to
it, that plaintiff waives any objection to the demand.  However,
the court, on motion, may relieve that plaintiff from this waiver
on its determination that (A) the plaintiff has subsequently
served a response that is in substantial compliance with
paragraph (5), and (B) the plaintiff's failure to serve a timely
response was the result of mistake, inadvertence, or excusable
neglect.

The defendant may move for an order compelling response and
compliance with a demand for a physical examination.  The court
shall impose a monetary sanction under Section 2023 against any
party, person, or attorney who unsuccessfully makes or opposes a
motion to compel response and compliance with a demand for a
physical examination, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
If a plaintiff then fails to obey the order compelling response
and compliance, 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.

(7)    If a defendant who has demanded a physical examination under
this subdivision, on receipt of the plaintiff's response to that
demand, deems that any modification of the demand, or any refusal
to submit to the physical examination is unwarranted, that
defendant may move for an order compelling compliance with the
demand.  This motion shall be accompanied by a declaration
stating facts showing a reasonable and good faith attempt at an
informal resolution of each issue presented by the motion.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to compel compliance with a demand for a
physical examination, unless it finds that the one subject to the
sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

(8)    The demand for a physical examination and the response to it
shall not be filed with the court.  The defendant shall retain
both the original of the demand, with the original proof of
service affixed to it, and the original response until six months
after final disposition of the action.  At that time, the
original may be destroyed, unless the court, on motion of any
party and for good cause shown, orders that the originals be
preserved for a longer period.

(d)    If any party desires to obtain discovery by a physical
examination other than that described in subdivision c, or by
a mental examination, the party shall obtain leave of court.
The motion for the examination shall specify the time, place,
manner, conditions, scope, and nature of the examination, as
well as the identity and the specialty, if any, of the person
or persons who will perform  the examination.  The motion
shall be accompanied by a declaration stating facts showing a
reasonable and good faith attempt to arrange for the
examination by an agreement under subdivision (e).  Notice of
the motion shall be served on the person to be examined and on
all parties who have appeared in the action.

The court shall grant a motion for a physical or mental
examination only for good cause shown.  If a party stipulates
that (1) no claim is being made for mental and emotional
distress over and above that usually associated with the
physical injuries claimed, and (2) no expert testimony
regarding this usual mental and emotional distress will be
presented at trial in support of the claim for damages, a
mental examination of a person for whose personal injuries a
recovery is being sought shall not be ordered except on a
showing of exceptional circumstances.  The order granting a
physical or mental examination shall specify the person or
persons who may perform the examination, and the time, place,
manner, diagnostic tests and procedures, conditions, scope,
and nature of the examination.  If the place of the
examination is more than 75 miles from the residence of the
person to be examined, the order to submit to it shall be (1)
made only on the court's determination that there is good
cause for the travel involved, and (2) conditioned on the
advancement by the moving party of the reasonable expenses and
costs to the examinee for travel to the place of examination.

(e)    In lieu of the procedures and restrictions specified in
subdivisions c and (d), any physical or mental examination may be
arranged by, and carried out  under, a written agreement of the
parties.

(f)    If a party required by subdivision c, (d), or (e) to submit
to a physical or mental examination fails to do so, the court, on
motion of the party entitled to the examination, 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, on motion of the party, impose a monetary sanction
under Section 2023.

If a party required by subdivision c, (d), or (e) to
produce another for a physical or mental examination fails to do
so, the court, on motion of the party entitled to the
examination, may make those orders that are just, including the
imposition of an issue sanction, an evidence sanction, or a
terminating sanction under Section 2023, unless the party
failing to comply demonstrates an inability to produce that
person for examination.  In lieu of or in addition to that
sanction, the court may impose a monetary sanction under
Section 2023.

(g)    (1) The attorney for the examinee or for a party producing
the examinee, or that attorney's representative, shall be
permitted to attend and observe any physical examination
conducted for discovery purposes, and to record stenographically
or by audiotape any words spoken to or by the examinee during any
phase of the examination.  This observer may monitor the
examination, but shall not participate in or disrupt it.  If an
attorney's representative is to serve as the observer, the
representative shall be authorized to so act by a writing
subscribed by the attorney which identifies the representative.
If in the judgment of the observer the examiner becomes abusive
to the examinee or undertakes to engage in unauthorized
diagnostic tests and procedures, the observer may suspend it to
enable the party being examined or producing the examinee to make
a motion for a protective order.  If the observer begins to
participate in or disrupt the examination, the person conducting
the physical examination may suspend the examination to enable
the party at whose instance it is being conducted to move for a
protective order.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion for a protective order, unless it finds that
the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

If the examinee submits or authorizes access to X-rays of any
area of his or her body for inspection by the examining
physician, no additional X-rays of that area may be taken by the
examining physician except with consent of the examinee or on
order of the court for good cause shown.

(2) The examiner and examinee shall have the right to record a
mental examination on audio tape.  However, nothing in this
article shall be construed to alter, amend, or affect existing
case law with respect to the presence of the attorney for the
examinee or other persons during the examination by agreement or
court order.

(h)    If a party submits to, or produces another for, a physical
or mental examination in compliance with a demand under
subdivision c, an order of court under subdivision (d), or an
agreement under subdivision (e), that party has the option of
making a written demand that the party at whose instance the
examination was made deliver to the demanding party (1) a copy of
a detailed written report setting out the history, examinations,
findings, including the results of all tests made, diagnoses,
prognoses, and conclusions of the examiner, and (2) a copy of
reports of all earlier examinations of the same condition of the
examinee made by that or any other examiner.
If this option is exercised, a copy of these reports shall be
delivered within 30 days after service of the demand, or within 15
days of trial, whichever is earlier.  The protection for work
product under Section 2018 is waived, both for the examiner's writings
and reports and to the taking of the examiner's testimony.
If the party at whose instance the examination was made fails to make
a timely delivery of the reports demanded, the demanding party may
move for an order compelling their delivery.

This motion shall be accompanied by a declaration stating facts
showing a reasonable and good faith attempt at an informal resolution
of any issue presented by the motion.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion to compel delivery of medical reports, unless it finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.
If a party then fails to obey an order compelling delivery of demanded
medical reports, 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 those sanctions, the court may impose a
monetary sanction under Section 2023.  The court shall exclude at
trial the testimony of any examiner  whose report has not been
provided by a party.

(i)    By demanding and obtaining a report of a physical or mental
examination under subdivision (h), or by taking the deposition of
the examiner, other than under subdivision (i) of Section 2034,
the party who submitted to, or produced another for, a physical
or mental examination waives in the pending action, and in any
other action involving the same controversy, any privilege, as
well as any protection for work product under Section 2018, that
the party or other examinee may have regarding reports and
writings as well as the testimony of every other physician,
psychologist, or licensed health care practitioner who has
examined or may thereafter examine the party or other examinee in
respect of the same physical or mental condition.

(j)    A party receiving a demand for a report under subdivision (h)
is entitled at the time of compliance to receive in exchange a
copy of any existing written report of any examination of the same
condition by any other physician, psychologist, or licensed health
care practitioner.  In addition, that party is entitled to receive
promptly any later report of any previous or subsequent examination of
the same condition, by any physician, psychologist, or licensed health
care practitioner.

If a party who has demanded and received delivery of medical reports
under subdivision (h) fails to deliver existing or later reports of
previous or subsequent examinations, a party who has complied with
subdivision (h) may move for an order compelling delivery of medical
reports.  This motion shall be accompanied by a declaration stating
facts showing a reasonable and good faith attempt at an informal
resolution of each issue presented by the motion.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion to compel delivery of medical reports, unless it finds that the
one subject to the sanction acted with substantial justification or
that other circumstances make the imposition of the sanction unjust.
If a party then fails to obey an order compelling delivery of medical
reports, 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
the sanction, the court may impose a monetary sanction under
Section 2023.  The court shall exclude at trial the  testimony of any health
care practitioner whose report has not been provided by a party
ordered to do so by the court.

(k)    Nothing in this section shall require the disclosure of the
identity of an expert consulted by an attorney in order to make
the certification required in an action for professional
negligence under Sections 411.30 and 411.35.

2033.  (a) Any party may obtain discovery within the scope delimited
by Section 2017, and subject to the restrictions set forth in
Section 2019, by a written request that any other party to the
action admit the genuineness of specified documents, or the truth
of specified matters of fact, opinion relating to fact, or
application of law to fact.  A request for admission may relate to
a matter that is in controversy between the parties.

(b)    A defendant may make requests for admission by a party
without leave of court at any time.  A plaintiff may make
requests for admission by a party without leave of court at any
time that is 10 days after the service of the summons on, or, in
unlawful detainer actions, five days after the service of the
summons on, or appearance by, that party, whichever occurs first.
However, on motion with or without notice, the court, for good
cause shown, may grant leave to a plaintiff to make requests for
admission at an earlier time.

(c)    (1) No party shall request, as a matter of right, that any
other party admit more than 35 matters that do not relate to the
genuineness of documents.  If the initial set of admission
requests does not exhaust this limit, the balance may be
requested in subsequent sets.  Unless a declaration as described
in paragraph (3) has been made, a party need only respond to the
first 35 admission requests served that do not relate to the
genuineness of documents, if that party states an objection to
the balance under paragraph (2) of subdivision (f) on the ground
that the limit has been exceeded.

The number of requests for admission of the genuineness of
documents is not limited except as justice requires to protect
the responding party from unwarranted annoyance, embarrassment,
oppression, or undue burden and expense.

(2)    Subject to the right of the responding party to seek a
protective order under subdivision (e), any party who attaches a
supporting declaration as described in paragraph (3) may request
a greater number of admissions by another party if the greater
number is warranted by the complexity or the quantity of the
existing and potential issues in the particular case.
If the responding party seeks a protective order on the ground
that the number of requests for admission is unwarranted, the
propounding party shall have the burden of justifying the number
of requests for admission.

(3)    Any party who is requesting or who has already requested
more than 35 admissions not relating to the genuineness of
documents by any other party shall attach to each set of requests
for admissions a declaration containing substantially the
following words:

DECLARATION FOR ADDITIONAL DISCOVERY
I, ______, declare:

_1. I am (a party to this action or proceeding appearing in propria
persona) (presently the attorney for ______, a party to this
action or proceeding).

_2. I am propounding to ____ the attached set of requests for
admission.

_3. This set of requests for admission will cause the total number of
requests propounded to the party to whom they are directed to
exceed the number of requests permitted by paragraph (1) 
of subdivision c of Section 2033 of the Code of  Civil
Procedure.

_4. I have previously propounded a total of ____ requests for
admission to this party.

_5. This set of requests for admission contains a total of
____ requests.

_6. I am familiar with the issues and the previous discovery
conducted by all of the parties in this case.

_7. I have personally examined each of the requests in this set of
requests for admission.

_8. This number of requests for admission is warranted under
paragraph (2) of subdivision c of Section 2033 of the Code of
Civil Procedure because ____.  (Here state the reasons why the
complexity or the quantity of issues in the instant lawsuit
warrant this number of requests for admission.)

_9. None of the requests in this set of requests is being propounded
for any improper purpose, such as to harass the party, or the
attorney for the party, to whom it is directed, or to cause
unnecessary delay or needless increase in the cost of litigation.
I declare under penalty of perjury under the laws of California that
the foregoing is true and correct, and that this declaration was
executed on _____.
______________________________________

(Signature)

Attorney for
_________________________

(4)    A party requesting admissions shall number each set of
requests consecutively.  In the first paragraph immediately below
the title of the case, there shall appear the identity of the
party requesting the admissions, the set number, and the identity
of the requesting party, the set number, and the identity of the
responding party.  Each request for admission in a set shall be
separately set forth and identified by letter or number.

(5)    Each request for admission shall be full and complete in and
of itself.  No preface or instruction shall be included with a
set of admission requests unless it has been approved under
Section  2033.5.  Any term specially defined in a request for
admission shall be typed with all letters capitalized whenever
the term appears.  No request for admission shall contain
subparts, or a compound, conjunctive, or disjunctive request
unless it has been approved under Section 2033.5.

(6)    A party requesting an admission of the genuineness of any
documents shall attach copies of those documents to the requests,
and shall make the original of those documents available for
inspection on demand by the party to whom the requests for
admission are directed.

(7)    No party shall combine in a single document requests for
admission with any other method of discovery.

(d)    The party requesting admissions shall serve a copy of
them on the party to whom they are directed and on all other
parties who have appeared in the action.

(e)    When requests for admission have been made, the
responding party may promptly move for a protective order.
This motion shall be accompanied by a declaration stating
facts showing a reasonable and good faith attempt at an
informal resolution of each issue presented by the motion.

The court, for good cause shown, may make any order that
justice requires to protect any party from unwarranted
annoyance, embarrassment, oppression, or undue burden and
expense.  This protective order may include, but is not
limited to, one or more of the following directions:

(1)    That the set of admission requests, or particular requests
in the set, need not be answered at all.

(2)    That, contrary to the representations made in a declaration
submitted under paragraph (3) of subdivision c, the number of
admission requests is unwarranted.

(3)    That the time specified in subdivision (h) to respond to the
set of admission requests, or to particular requests in the set,
be extended.

(4)    That a trade secret or other confidential research,
development, or commercial information not be admitted or be
admitted only in a certain way.

(5)    That some or all of the answers to requests for admission be
sealed and thereafter opened only on order of the court.
If the motion for a protective order is denied in whole or in part,
the court may order that the responding party provide or permit the
discovery against which protection was sought on terms and conditions
that are just.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion for a protective order, unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

(f)    The party to whom requests for admission have been directed
shall respond in writing under oath separately to each request.
Each response shall answer the substance of the requested
admission, or set forth an objection to the particular request.
In the first paragraph of the response immediately below the
title of the case, there shall appear the identity of the
responding party, the set number, and the identity of the
requesting party.  Each answer or objection in the response shall
bear the same identifying number or letter and be in the same
sequence as the corresponding request, but the text of the
particular request need not be repeated.

(1)    Each answer in the response shall be as complete and
straightforward as the information reasonably available to the
responding party permits.  Each answer shall (A) admit so much
of the matter involved in the request as is true, either as
expressed in the request itself or as reasonably and clearly
qualified by the responding party, (B) deny so much of the
matter involved in the request as is untrue, and c specify so
much of the matter involved in the request as to the truth of
which the responding party lacks sufficient information or
knowledge.  If a responding party gives lack of information or
knowledge as a reason for a failure to admit all or part of a
request for admission, that party shall state in the answer
that a reasonable inquiry concerning the matter in the
particular request has been made, and that the information
known or readily obtainable is insufficient to enable that
party to admit the matter.

(2)    If only a part of a request for admission is
objectionable, the remainder of the request shall be answered.
If an objection is made to a request or to a part of a
request, the specific ground for the objection shall be set
forth clearly in the response.  If an objection is based on a
claim of privilege, the particular privilege invoked shall be
clearly stated.  If an objection is based on a claim that the
matter as to which an admission is requested is protected work
product under Section 2018, that claim shall be expressly
asserted.

(g)    The party to whom the requests for admission are directed
shall sign the response under oath, unless the response contains
only objections.  If that party is a public or private
corporation, or a partnership or association or governmental
agency, one of its officers or agents shall sign the response
under oath on behalf of that party.  If the officer or agent
signing the response on behalf of that party is an attorney
acting in that capacity for the party, that party waives any
lawyer-client privilege and any protection for work product under
Section 2018 during any subsequent discovery from that attorney
concerning the identity of the sources of the information
contained in the response.  The attorney for the responding party
shall sign any response that contains an objection.

(h)    Within 30 days after service of requests for admission, or
in unlawful detainer actions within five days after service of
requests for admission, the party to whom the requests are
directed shall serve the original of the response to them on the
requesting party, and a copy of the response on all other parties
who have appeared, unless on motion of the requesting party the
court has shortened the time for response, or unless on motion of
the responding party the court has extended the time for
response.  In unlawful detainer actions, the party to whom the
request is directed shall have at least five days from the date
of service to respond unless on motion of the requesting party
the court has shortened the time for response.

(i)    The party requesting admissions and the responding party may
agree to extend the time for service of a response to a set of
admission requests, or to particular requests in a set, to a date
beyond that provided in subdivision (h).  This agreement may be
informal, but it shall be confirmed in a writing that specifies
the extended date for service of a response.  Unless this
agreement expressly states otherwise, it is effective to preserve
to the responding party the right to respond to any request for
admission to which the agreement applies in any manner specified
in subdivision (f).  Notice of this agreement shall be given by
the responding party to all other parties who were served with a
copy of the request.

(j)    The requests for admission and the response to them shall
not be filed with the court.  The party requesting admissions
shall retain both the original of the requests for admission,
with the original proof of service affixed to them, and the
original of the sworn response until six months after final
disposition of the action.  At that time, both originals may be
destroyed, unless the court, on motion of any party and for good
cause shown, orders that the originals be preserved for a longer
period.

(k)    If a party to whom requests for admission have been directed
fails to serve a timely response, that party thereby waives any
objection to the requests, including one based on privilege or on
the protection for work product under Section 2018.  However, the
court, on motion, may relieve that party from this waiver on
its determination that (1) the party has subsequently served
a response that is in substantial compliance with subdivision (f), and (2)
the party's failure to serve a timely response was the result of
mistake, inadvertence, or excusable neglect.

The requesting party may move for an order that the genuineness of any
documents and the truth of any matters specified in the requests be
deemed admitted, as well as for a monetary sanction  under Section 2023.

The court shall make this order, unless it finds that the party
to whom the requests for admission have been directed has served,
before the hearing on the motion, a proposed response to the requests
for admission that is in substantial compliance with paragraph (1) of
subdivision (f).  It is mandatory that the court impose a monetary
sanction under Section 2023 on the party or attorney, or both, whose
failure to serve a timely response to requests for admission
necessitated this motion.

(l)    If the party requesting admissions, on receipt of a response
to the requests, deems that (1) an answer to a particular request
is evasive or incomplete, or (2) an objection to a particular
request is without merit or too general, that party may move for
an order compelling a further response.  The motion shall be
accompanied by a declaration stating facts showing a reasonable
and good faith attempt at an informal resolution of each issue
presented by the motion.

Unless notice of this motion is given within 45 days of the
service of the response, or any supplemental response, or any
specific later date to which the requesting party and the
responding party have agreed in writing, the requesting party
waives any right to compel further response to the requests for
admission.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to compel further response, unless it finds
that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

If a party then fails to obey an order compelling further
response to requests for admission, the court may order that the
matters involved in the requests be deemed admitted.  In lieu of
or in addition to this order, the court may impose a monetary
sanction under Section 2023.

(m)    A party may withdraw or amend an admission made in response
to a request for admission only on leave of court granted after
notice to all parties.  The court may permit withdrawal or
amendment of an admission only if it determines that the
admission was the result of mistake, inadvertence, or excusable
neglect, and that the party who obtained the admission will not
be substantially prejudiced in maintaining that party' s action
or defense on the merits.  The court may impose conditions on the
granting of the motion that are just, including, but not limited
to, an order that (1) the party who obtained the admission be
permitted to pursue additional discovery related to the matter
involved in the withdrawn or amended admission, and (2) the costs
of any additional discovery be borne in whole or in part by the
party withdrawing or amending the admission.

(n)    Any matter admitted in response to a request for admission
is conclusively established against the party making the
admission in the pending action, unless the court has permitted
withdrawal or amendment of that admission under subdivision (m).
However, any admission made by a party under this section is (1)
binding only on that party, and (2) made for the purpose of the
pending action only.  It is not an admission by that party for
any other purpose, and it shall not be used in any manner against
that party in any other proceeding.

(o)    If a party fails to admit the genuineness of any document or
the truth of any matter when requested to do so under this
section, and if the party requesting that admission thereafter
proves the genuineness of that document or the truth of that
matter, the party requesting the admission may move the court for
an order requiring the party to whom the request was directed to
pay the reasonable  expenses incurred in making that proof,
including reasonable attorney's fees.  The court shall make this
order unless it finds that (1) an objection to the request was
sustained or a response to it was waived under subdivision (l), (2)
the admission sought was of no substantial importance, (3)
the party failing to make the admission had reasonable ground to
believe that that party would prevail on the matter, or (4) there
was other good reason for the failure to admit.

2033.5.  The Judicial Council shall develop and approve official form
interrogatories and requests for admission of the genuineness of any
relevant documents or of the truth of any relevant matters of fact in
any civil action in a state court based on personal injury, property
damage, wrongful death, unlawful detainer, breach of contract, family
law, or fraud.  Use of the approved form interrogatories and requests
for admission shall be optional.

In developing the form interrogatories and requests for admission
required by  this section, the Judicial Council shall consult with a
representative advisory  committee which shall include, but not be
limited to, representatives of the plaintiff' s bar, the defense bar,
the public interest bar, court administrators, and the public.  The
form interrogatories and requests for admission shall be drafted in
nontechnical language and shall be made available through the office
of the clerk of the appropriate trial court.

The Judicial Council also shall promulgate any necessary rules to
govern the use of the form interrogatories and requests for admission.

2034.  (a) After the setting of the initial trial date for the
action, any party may obtain discovery by demanding that all
parties simultaneously exchange information concerning each other's
expert trial witnesses to the following extent:

(1)    Any party may demand a mutual and simultaneous exchange by
all parties of a list containing the name and address of any
natural person, including one who is a party, whose oral or
deposition testimony in the form of an expert opinion any party
expects to offer in evidence at the trial.

(2)    If any expert designated by a party under paragraph (1) is a
party or an employee of a party, or has been retained by a party
for the purpose of forming and expressing an opinion in
anticipation of the litigation or in preparation for the trial of
the action, the designation of that witness shall include or be
accompanied by an expert witness declaration under paragraph (2)
of subdivision (f).

(3)    Any party may also include a demand for the mutual and
simultaneous production for inspection and copying of all
discoverable reports and writings, if any, made by any expert
described in paragraph (2) in the course of preparing that
expert's opinion.

This section does not apply to exchanges of lists of experts and
valuation data in eminent domain proceedings under
Chapter 7 (commencing with Section 1258.010) of Title 7 of Part 3.

(b)    Any party may make a demand for an exchange of information
concerning expert trial witnesses without leave of court.  A
party shall make this demand no later than the 10thth day after
the initial trial date has been set, or 70 days before that trial
date, whichever is closer to the trial date.

(c)    A demand for an exchange of information concerning expert
trial witnesses shall be in writing and shall identify, below the
title of the case, the party making the demand.  The demand shall
state that it is being made under this section.

The demand shall specify the date for the exchange of lists of
expert trial witnesses, expert witness declarations, and any
demanded production of writings.  The specified date of exchange
shall be 50 days before the initial trial date, or 20 days after
service of the demand, whichever is closer to the trial date,
unless the court, on motion and a showing of good cause, orders
an earlier or later date of exchange.

(d)    The party demanding an exchange of information concerning
expert trial witnesses shall serve the demand on all parties who
have appeared in the action.

(e)    A party who has been served with a demand to exchange
information concerning expert trial witnesses may promptly move
for a protective order.  This motion shall be accompanied by a
declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of each issue presented by the
motion.

The court, for good cause shown, may make any order that justice
requires to protect any party from unwarranted annoyance,
embarrassment, oppression, or undue burden and expense.  The
protective order may include, but is not limited to, one or more
of the following directions:

(1)    That the demand be quashed because it was not timely served.

(2)    That the date of exchange be earlier or later than that
specified in the demand.

(3)    That the exchange be made only on specified terms and
conditions.

(4)    That the production and exchange of any reports and writings
of experts be made at a different place or at a different time
than specified in the demand.

(5)    That some or all of the parties be divided into sides on the
basis of their identity of interest in the issues in the action,
and that the designation of any experts as described in paragraph (2)
of subdivision (a) be made by any side so created.

(6)    That a party or a side reduce the list of employed or
retained experts designated by that party or side under
paragraph (2) of subdivision (a).

If the motion for a protective order is denied in whole or in part,
the court may order that the parties against whom the motion is
brought, provide or permit the discovery against which the protection
was sought on those terms and conditions that are just.

The court shall impose a monetary sanction under Section 2023 against
any party, person, or attorney who unsuccessfully makes or opposes a
motion for a protective order, unless it finds that the one subject to
the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.

(f)    All parties who have appeared in the action shall exchange
information concerning expert witnesses in writing on or before
the date of exchange specified in the demand.  The exchange of
information may occur at a meeting of the attorneys for the
parties involved or by a mailing on or before the date of
exchange.

(1)    The exchange of expert witness information shall include
either of the following:

(A)    A list setting forth the name and address of any person
whose expert opinion that party expects to offer in evidence
at the trial.

(B)    A statement that the party does not presently intend to
offer the testimony of any expert witness.

(2)    If any witness on the list is an expert as described in
paragraph (2) of subdivision (a), the exchange shall also
include or be accompanied by an expert witness declaration
signed  only by the attorney for the party designating the
expert, or by that party if that party has no attorney.  This
declaration shall be under penalty of perjury and shall
contain:

(A)    A brief narrative statement of the qualifications of
each expert.

(B)    A brief narrative statement of the general substance of
the testimony that the expert is expected to give.

(C)    A representation that the expert has agreed to testify
at the trial.

(D)    A representation that the expert will be sufficiently
familiar with the pending action to submit to a meaningful
oral deposition concerning the specific testimony, including
any opinion and its basis, that the expert is expected to
give at trial.

(E)    A statement of the expert's hourly and daily fee for
providing deposition testimony and for consulting with the
retaining attorney.

(g)    If a demand for an exchange of information concerning expert
trial witnesses includes a demand for production of reports and
writings as described in paragraph (3) of subdivision (a), all
parties shall produce and exchange, at the place and on the date
specified in the demand, all discoverable reports and writings,
if any, made by any designated expert described in paragraph (2)
of subdivision (a).

(h)    Within 20 days after the exchange described in subdivision (f),
any party who engaged in the exchange may submit a
supplemental expert witness list containing the name and address
of any experts who will express an opinion on a subject to be
covered by an expert designated by an adverse party to the
exchange, if the party supplementing an expert witness list has
not previously retained an expert to testify on that subject.

This supplemental list shall be accompanied by an expert witness
declaration under paragraph (2) of subdivision (f) concerning
those additional experts, and by all discoverable reports and
writings, if any, made by those additional experts.  The party
shall also make those experts available immediately for a
deposition under subdivision (i), which deposition may be taken
even though the time limit for discovery under Section 2024 has
expired.

(i)    On receipt of an expert witness list from a party, any other
party may take the deposition of any person on the list.  The
procedures for taking oral and written depositions set forth in
Sections 2025, 2026, 2027, and 2028 apply to a deposition of a
listed trial expert witness except as follows:

(1)    The deposition of any expert described in paragraph (2)
of subdivision (a) shall be taken at a place that is within 75
miles of the courthouse where the action is pending.  However,
on motion for a protective order by the party designating an
expert witness, and on a showing of exceptional hardship, the
court may order that the deposition be taken at a more distant
place from the courthouse.

(2)    A party desiring to depose any expert witness, other than
a party or employee of a party, who is either (A) an expert
described in paragraph (2) of subdivision (a) except one who
is a party or an employee of a party, (B) a treating physician
and surgeon or other treating health care practitioner who is
to be asked to express an opinion during the deposition, or c
an architect, professional engineer, or licensed land
surveyor, who was involved with the original project design or
survey for which he or she is asked to express an opinion
within his or her expertise and relevant to the action or
proceeding, shall pay the expert's reasonable and customary
hourly or daily fee for any time spent at the deposition from
the time noticed in the deposition subpoena or from the time
of the arrival of the expert witness should that time be later
than the time noticed in the deposition subpoena, until the
time the expert witness is dismissed from the deposition,
whether or not the expert is actually deposed by any party
attending the deposition.  If any counsel representing the
expert or a nonnoticing party is late to the deposition, the
expert's reasonable and customary hourly or daily fee for the
time period determined from the time noticed in the deposition
subpoena until the counsel's late arrival, shall be paid by
that tardy counsel.  However, the hourly or daily fee shall
not exceed the fee charged the party who retained the expert
except where the expert donated his or her services to a
charitable or other nonprofit organization.  A daily fee shall
only be charged for a full day of attendance at a deposition
or where the expert was required by the deposing party to be
available for a full day and the expert necessarily had to
forego all business he or she would have otherwise conducted
that day but for the request that he or she be available all
day for the scheduled deposition.  In a worker's compensation
case arising under Division 4 (commencing with Section 3201)
or Division 4.5 (commencing with Section 6100) of the Labor
Code, a party desiring to depose any expert on another party's
expert witness list shall pay this fee.

The party taking the deposition shall either accompany the
service of the deposition notice with a tender of the expert's
fee based on the anticipated length of the deposition or
tender that fee at the commencement of the deposition.  The
expert's fee shall be delivered to the attorney for the party
designating the expert.  If the deposition of the expert takes
longer than anticipated, the party giving notice of the
deposition shall pay the balance of the expert's fee within
five days of receipt of an itemized statement from the expert.

The party designating the expert is responsible for any fee
charged by the expert for preparing for the deposition and for
traveling to the place of the deposition, as well as for any
travel expenses of the expert.

(3)    The service of a proper deposition notice accompanied by the
tender of the expert witness fee described in paragraph (2) is
effective to require the party employing or retaining the expert
to produce the expert for the deposition.  If the party noticing
the deposition fails to tender the expert's fee under paragraph (2),
the expert shall not be deposed at that time unless the
parties stipulate otherwise.

(4)    If a party desiring to take the deposition of an expert
witness under this subdivision deems that the hourly or daily fee
of that expert for providing deposition testimony is
unreasonable, that party may move for an order setting the
compensation of that expert.  This motion shall be accompanied by
a declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of each issue presented by the
motion.  Notice of this motion shall also be given to the expert.
In any such attempt at an informal resolution, either the party
or the expert shall provide the other with (A) proof of the
ordinary and customary fee actually charged and received by that
expert for similar services provided outside the subject
litigation, (B) the total number of times the presently demanded
fee has ever been charged and received by that expert, and c the
frequency and regularity with which the presently demanded fee
has been charged and received by that expert within the two-year
period preceding the hearing on the motion.

In addition to any other facts or evidence, the expert or the
party designating the expert shall provide, and the court's
determination as to the reasonableness of the fee shall be based
upon (A) proof of the ordinary and customary fee actually charged
and received by that expert for similar services provided outside
the subject litigation, (B) the total number of times the
presently demanded fee has ever been charged and received by that
expert, and c the frequency and regularity with which the
presently demanded fee has been charged and received by that
expert within the two-year period preceding the hearing on the
motion.  Provisions (B) and c shall apply to actions filed after
January 1, 1994.  The court may also consider the ordinary and
customary fees charged by similar experts for similar services
within the relevant community and any other factors the court
deems necessary or appropriate to make its determination.

Upon a determination that the fee demanded by that expert is
unreasonable, and based upon the evidence and factors considered,
the court shall set the fee of the expert providing testimony.
The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to set the expert witness fee, unless it
finds that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust.

(j)    Except as provided in subdivisions (k), (l), and (m), on
objection of any party who has made a complete and timely
compliance with subdivision (f), the trial court shall exclude
from evidence the expert opinion of any witness that is offered
by any party who has unreasonably failed to do any of the
following:

(1)    List that witness as an expert under subdivision (f).

(2)    Submit an expert witness declaration.

(3)    Produce reports and writings of expert witnesses under
subdivision (g).

(4)    Make that expert available for a deposition under
subdivision (i).

(k)    On motion of any party who has engaged in a timely exchange
of expert witness information, the court may grant leave to (1)
augment that party's expert witness list and declaration by
adding the name and address of any expert witness whom that party
has subsequently retained, or (2) amend that party's expert
witness declaration with respect to the general substance of the
testimony that an expert previously designated is expected to
give.  This motion shall be made at a sufficient time in advance
of the time limit for the completion of discovery under Section 2024
to permit the deposition of any expert to whom the motion
relates to be taken within that time limit.  However, under
exceptional circumstances, the court may permit the motion to be
made at a later time.  This motion shall be accompanied by a
declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of each issue presented by the
motion.  The demand, and all expert witness lists and
declarations exchanged in response to it, shall be lodged with
the court when their contents become relevant to an issue in any
pending matter in the action.  The court shall grant leave to
augment or amend an expert witness list or declaration only after
taking into account the extent to which the opposing party has
relied on the list of expert witnesses, and after determining
that any party opposing the motion will not be prejudiced in
maintaining that party's action or defense on the merits, and
that the moving party either (1) would not in the exercise of
reasonable diligence have determined to call that expert witness
or have decided to offer the different or additional testimony of
that expert witness, or

(2)    failed to determine to call that expert witness, or to offer
the different or additional testimony of that expert witness as a
result of mistake, inadvertence, surprise, or excusable neglect,
provided that the moving party (1) has sought leave to augment or
amend promptly after deciding to call the expert witness or to
offer the different or additional testimony, and (2) has promptly
thereafter served a copy of the proposed expert witness information
concerning the expert or the testimony described in subdivision (f)
on all other parties who have appeared in the action.  Leave shall
be conditioned on the moving party making the expert available
immediately for a deposition under subdivision (i), and on such
other terms as may be just, including, but not limited to, leave to
any party opposing the motion to designate additional expert
witnesses or to elicit additional opinions from those previously
designated, a continuance of the trial for a reasonable period of
time, and the awarding of costs and litigation expenses to any
party opposing the motion.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes or
opposes a motion to augment or amend expert witness information,
unless it finds that the one subject to the sanction acted with
substantial justification or that other circumstances made the
imposition of the sanction unjust.

(l)    On motion of any party who has failed to submit expert
witness information on the date specified in a demand for that
exchange, the court may grant leave to submit that information on
a later date.  This motion shall be made a sufficient time in
advance of the time limit for the completion of discovery under
Section 2024 to permit the deposition of any expert to whom the
motion relates to be taken within that time limit.  However,
under exceptional circumstances, the court may permit the motion
to be made at a later time. This motion shall be accompanied by a
declaration stating facts showing a reasonable and good faith
attempt at an informal resolution of each issue presented by the
motion.

The court shall grant leave to submit tardy expert witness
information only after taking into account the extent to which
the opposing party has relied on the absence of a list of expert
witnesses, and determining that any party opposing the motion
will not be prejudiced in maintaining that party's action or
defense on the merits, and that the moving party (1) failed to
submit that information as the result of mistake, inadvertence,
surprise, or excusable neglect, (2) sought that leave promptly
after learning of the mistake, inadvertence, surprise, or
excusable neglect, and (3) has promptly thereafter served a copy
of the proposed expert witness information described in
subdivision (f) on all other parties who have appeared in the
action.  This order shall be conditioned on the moving party
making that expert available immediately for a deposition under
subdivision (i), and on such other terms as may be just,
including, but not limited to, leave to any party opposing the
motion to designate additional expert witnesses or to elicit
additional opinions from those previously designated, a
continuance of the trial for a reasonable period of time, and the
awarding of costs and litigation expenses to any party opposing
the motion.

The court shall impose a monetary sanction under Section 2023
against any party, person, or attorney who unsuccessfully makes
or opposes a motion to submit tardy expert witness information,
unless it finds that the one subject to the sanction acted with
substantial justification or that other circumstances make the
imposition of the sanction unjust.

(m)    A party may call as a witness at trial an expert not
previously designated by that party if:  (1) that expert has been
designated by another party and has thereafter been deposed under
subdivision (i), or (2) that expert is called as a witness to
impeach the testimony of an expert witness offered by any other
party at the trial.  This impeachment may include testimony to
the falsity or nonexistence of any fact used as the foundation
for any opinion by any other party's expert witness, but may not
include testimony that contradicts the opinion.

(n)    The demand for an exchange of information concerning expert
trial witnesses, and any expert witness lists and declarations
exchanged shall not be filed with the court.  The party demanding
the exchange shall retain both the original of the demand, with
the original proof of service affixed, and the original of all
expert witness lists and declarations exchanged in response to
the demand until six months after final disposition of the
action.  At that time, all originals may be destroyed unless the
court, on motion of any party and for good cause shown, orders
that the originals be preserved for a longer period.

2035.  (a) One who expects to be a party to any action that may be
cognizable in any court of the State of California, whether as a
plaintiff, or as a defendant, or in any other capacity, may obtain
discovery within the scope delimited by Section 2017, and subject
to the restrictions set forth in Section 2019, for the purpose of
perpetuating that party's own testimony or that of another natural
person or organization, or of preserving evidence for use in the
event an action is subsequently filed.  One shall not employ the
procedures of this section for the purpose either of ascertaining
the possible existence of a cause of action or a defense to it, or
of identifying those who might be made parties to an action not yet
filed.

(b)    The methods available for discovery conducted for the
purposes set forth in subdivision (a) are (1) oral and written
depositions, (2) inspections of documents, things, and places,
and (3) physical and mental examinations.

(c)    One who desires to perpetuate testimony or preserve evidence
for the purposes set forth in subdivision (a) shall file a
verified petition in the superior court of the county of the
residence of at least one expected adverse party, or, if no
expected adverse party is a resident of the State of California,
in the superior court of a county where the action or proceeding
may be filed.

(d)    The petition shall be titled in the name of the one who
desires the perpetuation of testimony or the preservation of
evidence.  The petition shall set forth all of the following:

(1)    The expectation that the petitioner will be a party to an
action cognizable in a court of the State of California.

(2)    The present inability of the petitioner either to bring
that action or to  cause it to be brought.

(3)    The subject matter of the expected action and the
petitioner's involvement.

(4)    The particular discovery methods described in subdivision (b) that the petitioner desires to employ.

(5)    The facts that the petitioner desires to establish by the
proposed discovery.

(6)    The reasons for desiring to perpetuate or preserve these
facts before an action has been filed.

(7)    The name or a description of those whom the petitioner
expects to be adverse parties so far as known.

(8)    The name and address of those from whom the discovery is to
be sought.

(9)    The substance of the information expected to be elicited
from each of those from whom discovery is being sought.

The petition shall request the court to enter an order authorizing the
petitioner to engage in discovery by the described methods for the
purpose of perpetuating the described testimony or preserving the
described evidence.

(e)    The petitioner shall cause service of a notice of the
petition to be made  on each natural person or organization named
in the petition as an expected adverse party.  This service shall
be made in the same manner provided for the service of a summons.

The service of the notice shall be accompanied by a copy of the
petition.  The notice shall state that the petitioner will apply
to the court at a time and place specified in the notice for the
order requested in the petition.

This service shall be effected at least 20 days prior to the date
specified in the notice for the hearing on the petition.
If after the exercise of due diligence, the petitioner is unable
to cause service to be made on any expected adverse party named
in the petition, the court in which the petition is filed shall
make an order for service by publication.  If any expected
adverse party served by publication does not appear at the
hearing, the court shall appoint an attorney to represent that
party for all purposes,  including the cross-examination of any
person whose testimony is taken by deposition.  The court shall
order that the petitioner pay the reasonable fees and expenses of
any attorney so appointed.

(f)    If the court determines that all or part of the discovery
requested may prevent a failure or delay of justice, it shall
make an order authorizing that discovery.  The order shall
identify any witness whose deposition may be taken, and any
documents, things, or places that may be inspected, and any
person whose physical or mental condition may be examined.  Any
authorized depositions, inspections, and physical or mental
examinations shall then be conducted in accordance with the
provisions of this article relating to those methods of discovery
in actions that have been filed.

(g)    If a deposition to perpetuate testimony has been taken
either under the provisions of this section, or under comparable
provisions of the laws of another state, or the federal courts,
or a foreign nation, that deposition may be used, in any action
involving the same subject matter that is brought in a court of
the State of California, in accordance with subdivision (u) of
Section 2025 against any party, or the successor in interest of
any party, named in the petition as an expected adverse party.

2036.  (a) If an appeal has been taken from a judgment entered by any
court of the State of California, or if the time for taking an
appeal has not expired, a party may obtain discovery within the
scope delimited by Section 2017, and subject  to the restrictions
set forth in Section 2019, for the purpose of perpetuating
testimony or preserving information for use in the event of further
proceedings in that court.

(b)    The methods available for discovery for the purpose set
forth in subdivision (a) are (1) oral and written depositions,

(2)    inspections of documents, things, and places, and (3) physical
and mental examinations.

(c)    A party who desires to obtain discovery pending appeal shall
obtain leave of the court that entered the judgment.  This motion
shall be made on the same notice to and service of parties as is
required for discovery sought in an action pending in that court.

(d)    The motion for leave to conduct discovery pending appeal
shall set forth (1) the names and addresses of the natural
persons or organizations from whom the discovery is being sought,

(2) the particular discovery methods described in subdivision (b)
for which authorization is being sought, and (3) the reasons for
perpetuating testimony or preserving evidence.

(e)    If the court determines that all or part of the discovery
requested may prevent a failure or delay of justice in the event
of further proceedings in the action in that court, it shall make
an order authorizing that discovery.  The order shall identify
any witness whose deposition may be taken, and any documents,
things, or places that may be inspected, and any person whose
physical or mental condition may be examined.  Any authorized
depositions, inspections, and physical and mental examinations
shall then be conducted in accordance with the provisions of this
article relating to these methods of discovery in a pending
action.

(f)  If a deposition to perpetuate testimony has been taken under the
provisions of this section, it may be used in any later proceeding in
accordance with subdivision (u) of Section 2025.

2064.  A witness, served with a subpoena, must attend at the time
appointed, with any papers under his control lawfully required by
the subpoena, and answer all pertinent and legal questions; and,
unless sooner discharged, must remain until the testimony is
closed.

2065.  Any witness who is subpoenaed in any civil or administrative
action or proceeding shall be given written notice on the subpoena
that the witness may be entitled to receive fees and mileage.  Such
notice shall indicate generally the manner in which the request for
fees and mileage should be made.

2074.  An offer in writing to pay a particular sum of money, or to
deliver a written instrument or specific personal property, is,
if not accepted, equivalent to the actual production and tender
of the money, instrument, or property.

2075.  Whoever pays money, or delivers an instrument or property,
is entitled to a receipt therefor from the person to whom the
payment or delivery is made, and may demand a proper signature to
such receipt as a condition of the payment or delivery.

2076.  The person to whom a tender is made must, at the time,
specify any objection he may have to the money, instrument, or
property, or he must be deemed to have waived it; and if the
objection be to the amount of money, the terms of the instrument,
or the amount or kind of property, he must specify the amount,
terms, or kind which he requires, or be precluded from objecting
afterwards.

2077.  Section Two Thousand and Seventy-seven.  The following are
the rules for construing the descriptive part of a conveyance of real
property, when the construction is doubtful and there are no other
sufficient circumstances to determine it:

One Where there are certain definite and ascertained particulars in
the description, the addition of others which are indefinite, unknown,
or false, does not frustrate the conveyance, but it is to be construed
by the first mentioned particulars.

Two When permanent and visible or ascertained boundaries or monuments
are inconsistent with the measurement, either of lines, angles, or
surfaces, the boundaries or monuments are paramount.

Three Between different measurements which are inconsistent with each
other, that of angles is paramount to that of surfaces, and that of
lines paramount to both.

Four When a road, or stream of water not navigable, is the boundary,
the rights of the grantor to the middle of the road or the thread of
the stream are included in the conveyance, except where the road or
thread of the stream is held under another title.

Five When tide water is the boundary, the rights of the grantor to
ordinary high-water mark are included in the conveyance.  When a
navigable lake, where there is no tide, is the boundary, the rights of
the grantor to low-water mark are included in the conveyance.

Six When the description refers to a map, and that reference is
inconsistent with other particulars, it controls them if it appears
that the parties acted with reference to the map; otherwise the map is
subordinate to other definite and ascertained particulars.

2093.  (a) Every court, every judge, or clerk of any court, every
justice, and every notary public, and every officer or person
authorized to take testimony in any action or proceeding, or to decide
upon evidence, has the power to administer oaths or affirmations.

(b)    Every shorthand reporter certified pursuant to
Article 3 (commencing with Section 8020) of Chapter 13 of Division 3 of
the Business and Professions Code has the power to administer oaths or
affirmations and may perform the duties of the deposition officer
pursuant to Section 2025.  The certified shorthand reporter shall be
entitled to receive fees for services rendered during a deposition,
including fees for deposition services, as specified in subdivision c
of Section 8211 of the Government Code.

(c)    A former judge or justice of a court of record in this state
who retired or resigned from office, other than a judge or
justice who was retired by the Supreme Court for disability,
shall have the power to administer oaths or affirmations, if the
former judge or justice requests and receives a certification
from the Commission on Judicial Performance that there was no
formal disciplinary proceeding pending at the time of retirement
or resignation.  Where no formal disciplinary proceeding was
pending at the time of retirement or resignation, the Commission
on Judicial Performance shall issue the certification.

No law, rule, or regulation regarding the confidentiality of
proceedings of the Commission on Judicial Performance shall be
construed to prohibit the Commission on Judicial Performance from
issuing a certificate as provided for in this section.

2094. Section Two Thousand and Ninety-four.  An oath, or affirmation,
in an action or proceeding, may be administered as follows, the
person who swears, or affirms, expressing his assent when
addressed in the following form:  "You do solemnly swear (or
affirm, as the case may be), that the evidence you shall give in
this issue (or matter), pending between ____ and ____, shall be
the truth, the whole truth, and nothing but the truth, so help
you God."

2095.  Whenever the Court before which a person is offered as a
witness is satisfied that he has a peculiar mode of swearing,
connected with or in addition to the usual form of administration,
which, in his opinion, is more solemn or obligatory, the Court may,
in its discretion, adopt that mode.

2096.  When a person is sworn who believes in any other than the
Christian religion, he may be sworn according to the peculiar
ceremonies of his religion, if there be any such.

2097.  Any person who desires it may, at his option, instead of
taking an oath make his solemn affirmation or declaration, by
assenting, when addressed, in the following form:  "You do solemnly
affirm (or declare) that," etc., as in Section 2094.

2100.  This title applies only to federal tax liens and to other
federal liens notices of which under any Act of Congress or any
regulation adopted pursuant thereto are required or permitted to
be filed in the same manner as notices of federal tax liens.

2101.  (a) Notices of liens, certificates, and other notices
affecting federal tax liens or other federal liens must be filed
in accordance with this title.

(b) Notices of liens upon real property for obligations payable
to the United States and certificates and notices affecting the
liens shall be filed for record in the office of the recorder of
the county in which the real property subject to the liens is
situated.

(c)    Notices of federal liens upon personal property, whether
tangible or intangible, for obligations payable to the United
States and certificates and notices affecting the liens shall
be filed as follows:

(1)    If the person against whose interest the lien applies
is a corporation or a partnership whose principal executive
office is in this state, as these entities are defined in
the internal revenue laws of the United States, in the
office of the Secretary of State.

(2)    If the person against whose interest the lien applies
is a trust that is not covered by paragraph (1), in the
office of the Secretary of State.

(3)    If the person against whose interest the lien applies
is the estate of a decedent, in the office of the Secretary
of State.

(4)    In all other cases, in the office of the recorder of
the county where the person against whose interest the lien
applies resides at the time of filing of the notice of lien.

2102.  Certification of notices of liens, certificates, or other
notices affecting federal liens by the Secretary of the Treasury of
the United States or his or her delegate, or by any official or
entity of the United States responsible for filing or certifying of
notice of any other lien, entitles them to be filed and no other
attestation, certification, or acknowledgment is necessary.

2103.  (a) If a notice of federal lien, a refiling of a notice of
federal lien, or a notice of revocation of any certificate
described in subdivision (b) is presented to a filing officer who
is:

(1)    The Secretary of State, he or she shall cause the notice to
be marked, held, and indexed in accordance with the provisions of
subdivision (4) of Section 9403 of the Commercial Code as if the
notice were a financing statement within the meaning of that
code; or

(2)    A county recorder, he or she shall accept for filing, file
for record in the manner set forth in Section 27320 of the
Government Code, and index the document by the name of the person
against whose interest the lien applies in the general index.

(b) If a certificate of release, nonattachment, discharge, or
subordination of any lien is presented to the Secretary of State for
filing he or she shall:

(1)    Cause a certificate of release or nonattachment to be
marked, held, and indexed as if the certificate were a
termination statement within the meaning of the Commercial Code,
but the notice of lien to which the certificate relates may not
be removed from the files; and

(2)    Cause a certificate of discharge or subordination to be
marked, held, and indexed as if the certificate were a release of
collateral within the meaning of the Commercial Code.

(c)    If a refiled notice of federal lien referred to in
subdivision (a) or any of the certificates or notices referred
to in subdivision (b) is presented for filing to a county
recorder, he or she shall accept for filing, file for record
in the manner set forth in Section 27320 of the Government
Code, and index the document by the name of the person against
whose interest the lien applies in the general index.

(d)    Upon request of any person, the filing officer shall
issue his or her certificate showing whether there is on file,
on the date and hour stated therein, any notice of lien or
certificate or notice affecting any lien filed after January 1, 1968,
under this title or former Chapter 14 (commencing with
Section 7200)  of Division 7 of Title 1 of the Government Code,
naming a particular person, and if a notice or certificate is on file, giving
the date and hour of filing of each notice or certificate.  Upon
request, the filing officer shall furnish a copy of any notice of
federal lien, or notice or certificate affecting a federal lien.  If
the filing officer is a county recorder, the fee for a certificate for
each name searched shall be set by the filing officer in an amount
that covers actual costs, but that, in no event, exceeds fifteen
dollars ($15), and the fee for copies shall be in accordance with
Section 27366 of the Government Code.  If the filing officer is the
Secretary of State, the certificate shall be issued as part of a
combined certificate pursuant to Section 9409 of the Commercial Code,
and the fee for the certificate and copies shall be in accordance with
that section.

2104.  The fee charged for recording and indexing each notice of lien
or certificate or notice affecting the lien filed with the county
recorder shall be the same as those established by 
Article 5 (commencing with Section 27360) of Chapter 6 of Part 3
of Division 2 of Title 3 of the Government Code for the recording 
and indexing of documents.

The fee for filing and indexing each notice of lien or certificate
or notice affecting the lien with the office of the Secretary of
State is five dollars ($5).

The officer shall bill the district directors of internal revenue
or other appropriate federal officials on a monthly basis for fees
for documents recorded or filed by the county recorder or the
Secretary of State.

2105.  Filing officers with whom notices of federal tax liens,
certificates and notices affecting such liens have been filed on or
before January 1, 1968, shall, after that date, continue to
maintain a file labeled "federal tax lien notices filed prior to
January 2, 1968" containing notices and certificates filed in
numerical order of receipt.  If a notice of lien was filed on or
before January 1, 1968, any certificate or notice affecting the
lien shall be filed in the same office.

2106.  This title shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the subject
of this title among states enacting it.

2107.  This title may be cited as the Uniform Federal Lien
Registration Act.

