Tag: Code of Civil Procedure
Hearings in Small Claims Court
Code of Civil Procedure Part 1, Title 1, Chapter 5.5, Article 5 deals with hearings in small claims courts. Section 116.510 requires the hearing and disposition of the small claims action to be informal, the object being to dispense justice...
General Provisions for Parties to Civil Actions
Part 2, Title 3, Chapter 1 of the Code of Civil Procedure contains general provisions for parties to civil actions in California. Section 367 provides that every action must be prosecuted in the name of the real party in interest,...
Cross-Complaints in California Civil Cases
The Code of Civil Procedure, in Part 2, Title 6, Chapter 2, Article 4, deals with the use of cross-complaints in civil actions. Section 428.10 provides that a party against whom a cause of action has been asserted in a...
Attachment Law
Code of Civil Procedure Part 2, Title 6.5, Chapter 2 provides general provisions regarding the use of attachments in civil actions. Section 482.010 names Chapter 2 as “The Attachment Law.” Section 482.030 allows the Judicial Council to provide by rule...
Compulsory Cross-Complaints in California
Code of Civil Procedure Part 2, Title 6, Chapter 2, Article 2 deals with compulsory cross-complaints in civil action pleadings. Section 426.10 defines the terms “complaint,” “plaintiff,” and “related cause of action.” Section 426.30 specifies, if a party against whom...
Supreme Court in the Code of Civil Procedure
California’s Code of Civil Procedure in Part 1, Title 1, Chapter 3 concerns the Supreme Court. Section 41 provides the Supreme Court and the courts of appeal may transact business at any time. Section 42 states that adjournments from day...