Judgment in General

Part 2, Title 8, Chapter 1 of the Code of Civil Procedure deals with judgment in general in the trial of civil actions in this state.

Section 577 provides that a judgment is the final determination of the rights of the parties in an action or proceeding.

Section 577.5 requires, in any judgment, or execution upon the judgment, the amount is computed and stated in dollars and cents, rejecting fractions.

Section 578 allows judgment to be given for or against one or more of several plaintiffs, and for or against one or more of several defendants.

Section 579 allows the court, in an action against several defendants, to render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.

Section 580 provides that the relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint; but, in any other case, the court may grant the plaintiff any relief consistent with the case made by the complaint and embraced within the issue. The court may impose liability, regardless of whether the theory upon which liability is sought to be imposed involves legal or equitable principles. However, four specified types of relief may not be granted in a limited civil case.

Section 580a provides that, whenever a money judgment is sought for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in the deed of trust or mortgage, the plaintiff is required set forth in his or her complaint the entire amount of the indebtedness which was secured by the deed of trust or mortgage at the time of sale, the amount for which the real property or interest therein was sold and the fair market value thereof at the date of sale and the date of that sale.

Section 580b prohibits any deficiency from being owed or collected, and no deficiency judgment can lie, for any of the three specified items.

Section 580d prohibits any deficiency from being owed or collected, and no deficiency judgment is to be rendered for a deficiency on a note secured by a deed of trust or mortgage on real property or an estate for years therein executed in any case in which the real property or estate for years therein has been sold by the mortgagee or trustee under power of sale contained in the mortgage or deed of trust.

Section 580c prohibits any deficiency from being owed or collected, and no deficiency judgment is to be requested or rendered for any deficiency upon a note secured solely by a deed of trust or mortgage for a dwelling of not more than four units.

Section 580.5 defines the following terms: “beneficiary,” “issuer,” and “letter of credit.”

Section 580.7 defines the following terms: “beneficiary,” “customer,” and “letter of credit.”  A letter of credit is not enforceable by any party in a loan transaction in which all of the four specified circumstances exist.

Section 581 defines the following terms: “action,” “complaint,” “court,” “defendant,” “plaintiff,” and “trial.” In addition, an action may be dismissed in any of the five specified instances. A plaintiff may dismiss his or her complaint with or without prejudice prior to the actual commencement of trial.

After the actual commencement of trial, the court is required to dismiss the complaint, or any causes of action asserted in it, in its entirety or as to any defendants, with prejudice, if the plaintiff requests a dismissal, unless all affected parties to the trial consent to dismissal.

The court may dismiss the complaint as to that defendant when any of four specified conditions are met.

Section 581.5 states, in a case involving consumer debt, if the defendant debtor appears for trial on the scheduled trial date, and the plaintiff debt buyer either fails to appear or is not prepared to proceed to trial, and the court does not find a good cause for continuance, the court may dismiss the action with or without prejudice.

Section 581c provides that, only after, and not before, the plaintiff has completed his or her opening statement, or after the presentation of his or her evidence in a trial by jury, the defendant, without waiving his or her right to offer evidence in the event the motion is not granted, may move for a judgment of nonsuit.

Section 581d requires a written dismissal of an action to be entered in the clerk’s register and is effective for all purposes when so entered.

Section 582 requires in all other cases for judgment to be rendered on the merits.

Section 582.5 specifies, in a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant is required to pay the judgment immediately or at any time and upon terms and conditions, including installment payments, that the court may prescribe. The court may amend the terms and conditions for payment of the judgment or order at any time to provide for installment payments for good cause upon motion by a party and notice to all affected parties.