CODE OF CIVIL PROCEDURE (CA. 1994, note: _1, _2.. refers to 1, 2..)

1. This act shall be known as the Code of Civil Procedure, and is
divided into four parts, as follows:

Part   I.  Of Courts of Justice.
Part  II.  Of Civil Actions.
Part III.  Of Special Proceedings of a Civil Nature.
Part IV.  Miscellaneous Provisions.

2. This Code takes effect at twelve o'clock noon, on the first day of
January, eighteen hundred and seventy-three.

3. No part of it is retroactive, unless expressly so declared.

4. The rule of the common law, that statutes in derogation thereof are
to be strictly construed, has no application to this Code.  The
Code establishes the law of this State respecting the subjects to
which it relates, and its provisions and all proceedings under it
are to be liberally construed, with a view to effect its objects
and to promote justice.

5. The provisions of this Code, so far as they are substantially the
same as existing statutes, must be construed as continuations
thereof, and not as new enactments.

6. All persons who at the time this Code takes effect hold office
under any of the Acts repealed, continue to hold the same according
to the tenure thereof, except those offices which are not continued
by one of the Codes adopted at this session of the Legislature.

7. When any office is abolished by the repeal of any Act, and such Act
is not in substance reenacted or continued in either of the Codes,
such office ceases at the time the Codes take effect.

8. No action or proceeding commenced before this Code takes effect,
and no right accrued, is affected by its provisions, but the
proceedings therein must conform to the requirements of this Code
as far as applicable.

9.  Section Nine.  When a limitation or period of time prescribed
in any existing statute for acquiring a right or barring a remedy,
or for any other purpose, has begun to run before this Code goes
into effect, and the same or any limitation is prescribed in this
Code, the time which has already run shall be deemed part of the
time prescribed as such limitation by this Code.

10. Holidays within the meaning of this code are every Sunday and
such other days, other than the holiday specified in subdivision c
of Section 6700 of the Government Code, as are specified or
provided for as holidays in Chapter 7 (commencing with Section 6700)
of Division 7, Title 1 of the Government Code.

11.  Wherever any notice or other communication is required by this
code to be mailed by registered mail by or to any person or
corporation, the mailing of such notice or other communication by
certified mail shall be deemed to be a sufficient compliance with
the requirements of law.

12. The time in which any act provided by law is to be done is
computed by excluding the first day, and including the last, unless
the last day is a holiday, and then it is also excluded.

12a. If the last day for the performance of any act provided or
required by law to be performed within a specified period of time
shall be a holiday, then such period is hereby extended to and
including the next day which is not a holiday. The term "holiday" as
used herein shall mean all day on Saturdays, all holidays specified in
Section 6700 and 6701 of the Government Code, other than the holiday
specified in subdivision c of Section 6700 of the Government Code,
and, to the extent provided in Section 12b, all days which by terms of
Section 12b are required to be considered as holidays; provided,
however, that for a period of time expiring prior to January 1, 1952,
time shall be computed and extended in accordance with the provisions
of this section as they existed on January 1, 1951.

This section applies also to Sections 659, 659a, 946, and 974 through 982,
and the periods of time severally therein prescribed or provided
for, and to all other provisions of law, however stated or wherever
expressed, providing or requiring an act to be performed on a
particular day or within a specified period of time. The mention of
these sections is not intended and shall not be construed to exclude
the application of this section to such other provisions of law,
whether the latter are expressed in this or any other code or statute,
ordinance, rule, or regulation.

12b. If any city, county, state, or public office, other than a
branch office, is closed for the whole of any day, insofar as the
business of that office is concerned, that day shall be considered as
a holiday for the purposes of computing time under Sections 12 and 12a.

13. Whenever any act of a secular nature, other than a work of
necessity or mercy, is appointed by law or contract to be performed
upon a particular day, which day falls upon a holiday, such act may
be performed upon the next business day with the same effect as if
it had been performed upon the day appointed. 13a. Any act
required by law to be performed on a particular day or within a
specified period of time may be performed (but is not hereby
required to be performed) on a special holiday as that term is used
in Section 6705 of the Government Code, with like effect as if
performed on a day which is not a holiday. 13b. Any act required
by law to be performed on a particular day or within a specified
period may be performed (but is not hereby required to be
performed) on a Saturday, with like effect as if performed on a day
which is not a holiday.

14. When the seal of a Court, public officer, or person is
required by law to be affixed to any paper, the word "seal"
includes an impression of such seal upon the paper alone as well as
upon wax or a wafer affixed thereto.

15. Words giving a joint authority to three or more public
officers or other persons are construed as giving such authority to
a majority of them, unless it is otherwise expressed in the Act
giving the authority.

16. Words and phrases are construed according to the context and
the approved usage of the language; but technical words and
phrases, and such others as have acquired a peculiar and
appropriate meaning in law, or are defined in the succeeding
section, are to be construed according to such peculiar and
appropriate meaning or definition.

17. Words used in this code in the present tense include the
future as well as the present; words used in the masculine gender
include the feminine and neuter; the singular number includes the
plural and the plural the singular; the word "person" includes a
corporation as well as a natural person; the word "county" includes
"city and county"; and the words "judicial district" include "city
and county"; writing includes printing and typewriting; oath
includes affirmation or declaration; and every mode of oral
statement, under oath or affirmation, is embraced by the term
"testify," and every written one in the term "depose"; signature or
subscription includes mark, when the person cannot write, his name
being written near it by a person who writes his own name as a
witness; provided, that when a signature is by mark it must, in
order that the same may be acknowledged or may serve as the
signature to any sworn statement, be witnessed by two persons who
must subscribe their own names as witness thereto.
The following words have in this code the signification attached to
them in this section, unless otherwise apparent from the context:

_1. The word "property" includes both real and personal property;

_2. The words "real property" are coextensive with lands, tenements,
and hereditaments;

_3. The words "personal property" include money, goods, chattels,
things in action, and evidences of debt;

_4. The word "month" means a calendar month, unless otherwise
expressed;

_5.The word "will" includes codicil;

_6.The word "writ" signifies an order or precept in writing, issued
in the name of the people, or of a court or judicial officer; and
the word "process" a writ or summons issued in the course of
judicial proceedings;

_7.The word "state," when applied to the different parts of the
United States, includes the District of Columbia and the
territories; and the words "United States" may include the
district and territories;

_8.The word "section" whenever hereinafter employed, refers to a
section of this code, unless some other code or statute is
expressly mentioned;

_9.The word "affinity" when applied to the marriage relation,
signifies the connection existing in consequence of marriage,
between each of the married persons and the blood relatives of
the other;

_10. The word "sheriff" shall include "constable" and
"marshal."

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

19. This Act, whenever cited, enumerated, referred to, or amended,
may be designated simply as "THE CODE OF CIVIL PROCEDURE ," adding,
when necessary, the number of the section.

20. Judicial remedies are such as are administered by the Courts
of justice, or by judicial officers empowered for that purpose by
the Constitution and statutes of this State.

21. These remedies are divided into two classes:

_1.Actions; and,
_2.Special proceedings.


22. An action is an ordinary proceeding in a court of justice by
which one party prosecutes another for the declaration,
enforcement, or protection of a right, the redress or prevention of
a wrong, or the punishment of a public offense.

23. Every other remedy is a special proceeding.

24. Actions are of two kinds:

_1. Civil; and,
_2. Criminal.

25. A civil action arises out of:

_1.An obligation;
_2.An injury.

26. Section Twenty-six. An obligation is a legal duty, by which
one person is bound to do or not to do a certain thing, and arises
from:

One Contract; or,
Two Operation of law.

27. An injury is of two kinds:

_1.To the person; and,
_2.To property.

28. An injury to property consists in depriving its owner of the
benefit of it, which is done by taking, withholding, deteriorating,
or destroying it.

29. Every other injury is an injury to the person.

30. A civil action is prosecuted by one party against another for
the declaration, enforcement or protection of a right, or the
redress or prevention of a wrong.

31. THE PENAL CODE defines and provides for the prosecution of a
criminal action.

32. When the violation of a right admits of both a civil and
criminal remedy, the right to prosecute the one is not merged in
the other.

33. A prosecuting attorney, in his or her discretion, may assist
in the civil resolution of a violation of an offense described in
Title 13 (commencing with Section 450) of Part 1 of the Penal Code
in lieu of filing a criminal complaint.

34. The provisions of this code relating to the commencement and
prosecution of, and the practice, procedure, and enforcement of
judgments and decrees in, actions and proceedings in trial courts,
shall apply to all such courts, except where special provision is
made for particular courts, or where a general provision is not
applicable by reason of jursidictional limitations.

35. Proceedings in cases involving the registration or denial of
registration of voters, the certification or denial of
certification of candidates, the certification or denial of
certification of ballot measures, and election contests shall be
placed on the calendar in the order of their date of filing and
shall be given precedence.

36. (a) A party to a civil action who is over the age of 70 years
may petition the court for a preference, which the court shall
grant if the court makes all of the following findings:


(1) The party has a substantial interest in the action as a
whole.

(2) The health of the party is such that a preference is
necessary to prevent prejudicing the party's interest in the
litigation.

(b) A civil action to recover damages for wrongful death or
personal injury shall be entitled to preference upon the
motion of any party to the action who is under the age of 14
years unless the court finds that the party does not have a
substantial interest in the case as a whole. A civil action
subject to subdivision (a) shall be given preference over a
case subject to this subdivision.

(c) Unless the court otherwise orders, notice of a motion for
preference shall be served with the memorandum to set or the
at-issue memorandum by the party serving the memorandum, or 10
days after such service by any other party; or thereafter
during the pendency of the action upon the application of a
party who reaches the age of 70 years.

(d) In its discretion, the court may also grant a motion for
preference served with the memorandum to set or the at-issue
memorandum and accompanied by clear and convincing medical
documentation which concludes that one of the parties suffers
from an illness or condition raising substantial medical doubt
of survival of that party beyond six months, and which
satisfies the court that the interests of justice will be
served by granting the preference.

(e) Notwithstanding any other provision of law, the court may
in its discretion grant a motion for preference served with
the memorandum to set or the at-issue memorandum and
accompanied by a showing of cause which satisfies the court
that the interests of justice will be served by granting this
preference.

(f) Upon the granting of such a motion for preference, the
clerk shall set the matter for trial not more than 120 days
from that date and there shall be no continuance beyond 120
days from the granting of the motion for preference except for
physical disability of a party or a party's attorney, or upon
a showing of good cause stated in the record. Such a
continuance shall be for no more than 15 days and no more than
one continuance for physical disability may be granted to any
party.

(g) Upon the granting of a motion for preference pursuant to
subdivision (b), a party in an action based upon a health
provider's alleged professional negligence, as defined in
Section 364, shall receive a trial date not sooner than six
months and not later than nine months from the date that the
motion is granted.

36.5. An affidavit submitted in support of a motion for preference
under subdivision (a) of Section 36 may be signed by the attorney for
the party seeking preference based upon information and belief as to
the medical diagnosis and prognosis of any party. The affidavit is
not admissible for any purpose other than a motion for preference
under subdivision (a) of Section 36.

37. (a) A civil action shall be entitled to preference, if the
action is one in which the plaintiff is seeking damages which were
alleged to have been caused by the defendant during the commission
of a felony offense for which the defendant has been criminally
convicted.

(b) The court shall endeavor to try the action within 120 days of
the grant of preference.

41. The Supreme Court and the courts of appeal may transact
business at any time.

42. Adjournments from day to day, or from time to time, are to be
construed as recesses in the sessions, and shall not prevent the
Supreme Court or the courts of appeal from sitting at any time.

43. The Supreme Court, and the courts of appeal, may affirm,
reverse, or modify any judgment or order appealed from, and may
direct the proper judgment or order to be entered, or direct a new
trial or further proceedings to be had. In giving its decision, if
a new trial be granted, the court shall pass upon and determine all
the questions of law involved in the case, presented upon such
appeal, and necessary to the final determination of the case. Its
judgment in appealed cases shall be remitted to the court from
which the appeal was taken.

44. Appeals in probate proceedings, in contested election cases,
and in actions for libel or slander by a person who holds any
elective public office or a candidate for any such office alleged
to have occurred during the course of an election campaign shall be
given preference in hearing in the courts of appeal, and in the
Supreme Court when transferred thereto. All these cases shall be
placed on the calendar in the order of their date of issue, next
after cases in which the people of the state are parties.

45. An appeal from a judgment freeing a minor who is a dependent
child of the juvenile court from parental custody and control shall
have precedence over all cases in the court to which an appeal in
the matter is taken. In order to enable the child to be available
for adoption as soon as possible and to minimize the anxiety to all
parties, the appellate court shall grant an extension of time to a
court reporter or to counsel only upon an exceptional showing of
good cause. 71. The process of superior courts shall extend
throughout the state.

73c. Notwithstanding anything to the contrary contained in Sections 73
and 142 of this code, or contained in any other law of this State,
the judge or judges of the superior court of the county in which is
located the principal office in this State of any building and loan
association of whose business, property and assets possession shall
have been taken by the Building and Loan Commissioner, may, in his or
their discretion, whenever such judge or judges deem it necessary or
advisable, hold hearings relating to the sale, exchange or other
disposition of any parcel of real property or any item of personal
property of such association, regardless of the location of such
property, at the county seat of any county in this State or at such
places in the county in which the principal office in this State of
such association is located at which sessions of such superior court
shall be held as provided in this code.

73d. Whenever, under the provisions of Section 73c of this code, it
becomes necessary for a judge, clerk, deputy clerk, court reporter or
bailiff of or sitting in the superior court of the county in this
State in which is located the principal office of any building and
loan association whose business, property and assets are in the
possession of the Building and Loan Commissioner, to travel to another
county, there temporarily to attend hearings relating to the sale,
exchange or other disposition of real or personal property of such
association, each such judge, clerk, deputy clerk, court reporter or
bailiff shall be allowed his necessary expenses in going to, returning
from and attending upon the business of such court. Such expenses
shall upon order of such court, be a charge against the funds of such
association and paid out of such funds by the Building and Loan
Commissioner. 73e. Notwithstanding any other provisions of law, in
each county wherein the juvenile hall is not located at the county
seat of the county, a majority of the judges of the superior court in
and for such county may by an order filed with the county clerk of
such county direct that a session or sessions of the superior court,
while sitting for the purpose of hearing and determining cases and
proceedings arising under Chapter 2 of Part 1 of Division 2 or Chapter 2
of Part 1 of Division 6 or Chapter 4 of Part 4 of Division 6 of the
Welfare and Institutions Code, may be held or continued in any
judicial district in the county in which the juvenile hall is located
and thereafter such session or sessions of the superior court may be
held or continued in the judicial district designated in such order.
In a county having two superior court judges the senior judge may make
the order.

74. Adjournments from day to day, or from time to time, are to be
construed as recesses in the sessions, and shall not prevent the
Court from sitting at any time.

75. The superior court in any county in which there is only one
judge may by rule provide that, whenever the judge is absent from
the county upon assignment by the Chairman of the Judicial Council,
any noncontested matter in which no evidence is required, or which
may be submitted upon affidavits, shall be deemed submitted upon
the filing with the clerk of a statement of submission by the party
or his attorney or upon the date set for the hearing.

77. (a) In every county and city and county, there is an appellate
department of the superior court consisting of three judges or,
when the Chairperson of the Judicial Council finds it necessary,
four judges.

(1) In a county with three or fewer judges of the superior
court, the appellate department shall consist of those judges,
one of whom shall be designated as presiding judge by the
Chairperson of the Judicial Council, and an additional judge or
judges as designated by the Chairperson of the Judicial Council.
Each additional judge shall be a judge of the superior court of
another county or a judge retired from the superior court or
court of higher jurisdiction in this state.

(2) In a county with four or more judges of the superior court,
the appellate department shall consist of judges of that court
designated by the Chairperson of the Judicial Council, who shall
also designate one of the judges as the presiding judge of the
department.

(b) In an appellate department with four judges, no more than
three judges shall participate in a hearing or decision. The
presiding judge of the department shall designate the three
judges who shall participate.

(c) In addition to their other duties, the judges designated
as members of the appellate department of the superior court
shall serve for the period specified in the order of
designation. Whenever a judge is designated to serve in the
appellate department of the superior court of a county other
than the county in which such judge was elected or appointed
as a superior court judge, or if he is retired, in a county
other than the county in which he resides, he shall receive
from the county to which he is designated his expenses for
travel, board, and lodging. If the judge is out of his county
overnight or longer, by reason of the designation, such judge
shall be paid a per diem allowance in lieu of expenses for
board and lodging in the same amounts as are payable for such
purposes to justices of the Supreme Court under the rules of
the State Board of Control. In addition, a retired judge
shall receive from the state and the county to which he is
designated, for the time so served, amounts equal to that
which he would have received from each if he had been assigned
to the superior court of the county.

(d) The concurrence of two judges of the appellate department
of the superior court shall be necessary to render the
decision in every case in, and to transact any other business
except such as may be done at chambers by the presiding judge
of, such department. The presiding judge shall convene such
department at such times as may be necessary. He shall also
supervise its business and transact such thereof as may be
done at chambers.

(e) Every appellate department under this section shall have
jurisdiction on appeal from the municipal and justice courts
within the county or city and county in all cases in which an
appeal may be taken to the superior court as is now or may
hereafter be provided by law, except such appeals as require a
retrial in the superior court. The powers of each appellate
department shall be the same as are now or may hereafter be
provided by law or rule of the Judicial Council relating to
appeals to the superior courts.

(f) The Judicial Council may promulgate rules, not
inconsistent with law, governing the practice and procedure
and the disposition of the business of such appellate
departments, or of each class thereof.

81. The headings to this chapter and the articles in this chapter
shall not be deemed to govern or limit the scope or meaning of such
chapter and articles.

82. The establishment of a municipal court, or justice court, in a
county, or city and county, or the determination of the
jurisdiction of such courts by the Legislature, shall not affect,
alter or diminish the previously existing jurisdiction of the
superior court of any county, or city and county, other than that
of the county, or city and county, wherein such municipal or
justice court is established.

83. The jurisdiction of municipal and justice courts is the same
and concurrent.

84. The process of municipal courts and justice courts shall
extend throughout the State.

85. If the judgment or order in a municipal court or justice court in
any action or proceeding in which the defendant has appeared is for
the payment of money by the defendant, the defendant shall pay the
same immediately or at any time and upon such terms and conditions,
including installment payments, which 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,
regardless of the nature of the underlying debt and regardless whether
the moving party appeared before entry of such judgment or order. In
any determination regarding the imposition of terms and conditions
upon the payment of the judgment, the court shall consider any factors
which would be relevant to the determination of a claim for exemption
pursuant to Chapter 4 (commencing with Section 703.010) of Division 2
of Title 9 of Part 2 or the examination of a debtor pursuant to
Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2
of Title 9 of Part 2.

86. (a) Each municipal and justice court has original jurisdiction
of civil cases and proceedings as follows:

(1) In all cases at law in which the demand, exclusive of
interest, or the value of the property in controversy amounts to
twenty-five thousand dollars ($25,000) or less, except cases
which involve the legality of any tax, impost, assessment, toll,
or municipal fine, except the courts have jurisdiction in actions
to enforce payment of delinquent unsecured personal property
taxes if the legality of the tax is not contested by the
defendant.

(2) In actions for dissolution of partnership where the total
assets of the partnership do not exceed twenty-five thousand
dollars ($25,000); in actions of interpleader where the amount of
money or the value of the property involved does not exceed
twenty-five thousand dollars ($25,000).

(3) In actions to cancel or rescind a contract when the relief
is sought in connection with an action to recover money not
exceeding twenty-five thousand dollars ($25,000) or property of a
value not exceeding twenty-five thousand dollars ($25,000), paid
or delivered under, or in consideration of, the contract; in
actions to revise a contract where the relief is sought in an
action upon the contract if the court otherwise has jurisdiction
of the action.

(4) In all proceedings in forcible entry or forcible or unlawful
detainer where the whole amount of damages claimed is twenty-five
thousand dollars ($25,000) or less.

(5) In all actions to enforce and foreclose liens on personal
property where the amount of the liens is twenty-five thousand
dollars ($25,000) or less.

(6) In all actions to enforce and foreclose liens of mechanics,
materialmen, artisans, laborers, and of all other persons to whom
liens are given under the provisions of Chapter 2 (commencing
with Section 3109) of Title 15 of Part 4 of Division 3 of the
Civil Code, or to enforce and foreclose an assessment lien on a
common interest development as defined in Section 1351 of the
Civil Code, where the amount of the liens is twenty-five thousand
dollars ($25,000) or less. However, where an action to enforce
the lien is pending in a municipal or justice court, and affects
property which is also affected by a similar action pending in a
superior court, or where the total amount of the liens sought to
be foreclosed against the same property by action or actions in a
municipal or justice court aggregates an amount in excess of
twenty-five thousand dollars ($25,000), the municipal or justice
court in which any such action, or actions, is, or are, pending,
upon motion of any interested party, shall order the action or
actions pending therein transferred to the proper superior court.
Upon the making of the order, the same proceedings shall be taken
as are provided by Section 399 with respect to the change of
place of trial.

(7) In actions for declaratory relief when brought pursuant to
either of the following:

(A) By way of cross-complaint as to a right of indemnity with
respect to the relief demanded in the complaint or a cross-
complaint in an action or proceeding otherwise within the
jurisdiction of the municipal or justice court.

(B) To conduct a trial after a nonbinding fee arbitration
between an attorney and client, pursuant to Article 13 (commencing
with Section 6200) of Chapter 4 of Division 3 of
the Business and Professions Code, where the amount in
controversy is twenty-five thousand dollars ($25,000) or less.

(8) To issue temporary restraining orders and preliminary
injunctions, to take accounts, and to appoint receivers where
necessary to preserve the property or rights of any party to an
action of which the court has jurisdiction; to appoint a receiver
and to make any order or perform any act, pursuant to
Title 9 (commencing with Section 680.010) of Part 2 (enforcement of
judgments); to determine title to personal property seized in an
action pending in such court.

(9) In all actions under Article 3 (commencing with
Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the
recovery of an interest in personal property or to enforce the
liability of the debtor of a judgment debtor where the interest
claimed adversely is of a value not exceeding twenty-five thousand
dollars ($25,000) or the debt denied does not exceed twenty-five
thousand dollars ($25,000).

(10) In all arbitration-related petitions filed pursuant to
either of the following:

(A) Pursuant to Article 2 (commencing with Section 1292) of
Chapter 5 of Title 9 of Part 3, except for uninsured motorist
arbitration proceedings in accordance with Section 11580.2 of the
Insurance Code, if the petition is filed before the arbitration award
becomes final and the matter to be resolved by arbitration is within
the jurisdiction of the municipal or justice court under paragraphs

(1) to (9), inclusive, or the petition if filed after the arbitration
award becomes final and the amount of the award and all other rulings,
pronouncements, and decisions made in the award are within the
jurisdiction of the municipal or justice court under paragraphs (1) to (9),
inclusive.

(B) To confirm, correct, or vacate a fee arbitration award
between an attorney and client that is binding or has become
binding, pursuant to Article 13 (commencing with Section 6200) of
Chapter 4 of Division 3 of the Business and Professions Code,
where the arbitration award is twenty-five thousand dollars ($25,000)
or less.

(b) Each municipal and justice court has jurisdiction of
cases in equity as follows:

(1) In all cases to try title to personal property when the
amount involved is not more than twenty-five thousand
dollars ($25,000).

(2) In all cases when equity is pleaded as a defensive
matter in any case otherwise properly pending in a municipal
or justice court.

(3) To vacate a judgment or order of such municipal or
justice court obtained through extrinsic fraud, mistake,
inadvertence, or excusable neglect.

(c) In any action that is otherwise within its jurisdiction,
the court may impose liability whether the theory upon which
liability is sought to be imposed involves legal or equitable
principles.

(d) Changes in the jurisdictional ceilings made by amendments
to this section at the 1977-78 Regular Session or the 1985-86
Regular Session of the Legislature shall not constitute a
basis for the transfer to another court of any case pending at
the time such changes become operative.

86.1. In addition to Section 86, each municipal and justice court
has original jurisdiction of civil cases and proceedings in actions
brought pursuant to the Long-Term Care, Health, Safety, and
Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of
Division 2 of the Health and Safety Code) if civil penalties are
not sought or amount to twenty-five thousand dollars ($25,000) or
less. These actions may be transferred to the superior court for
consolidation with any other citation enforcement action pending in
that court, on the motion of either party.

87. Where a corporation is a party in the municipal or justice
court it may appear through a director, an officer, or an
employee, whether or not such person is an attorney at law.

88. Clerks of justice courts, in addition to the other powers
conferred upon them by law, shall have power to administer and
certify oaths to affidavits, and all papers, documents or
instruments used in, or in connection with, the civil actions or
proceedings in such justice courts and to issue summons and other
writs and notices in civil actions in said courts in the name of
the judge before whom the same is pending or out of whose court
the same is issued.

89. The summons, execution, and every other paper made or issued
by a judge of a justice court, except a subpoena, must be issued
without a blank left to be filled by another, otherwise it is
void.

90. Except where changed by the provisions of this Article and
Part 3.5 (commencing with Section 1823), all provisions of law
applicable to civil actions generally apply to actions subject to
this article.

91. (a) Except as otherwise provided in this section, the
provisions of this article apply to every municipal and justice
court civil action, including cases submitted to arbitration or
on the arbitration hearing list, pending in the municipal and
justice courts, on or after July 1, 1983, in which the amount in
controversy is twenty-five thousand dollars ($25,000) or less.
"Amount in controversy" means the amount of the demand, or the
recovery sought, or the value of the property, or the amount of
the lien, which is in controversy in the action, exclusive of
attorney fees, interest, and costs. These provisions also apply
to any action transferred to a municipal or justice court by
reason of lack of jurisdiction in the court in which it was
filed.

(b) The provisions of this article do not apply to any action
under Chapter 5A (commencing with Section 116) or any
proceeding under Chapter 4 (commencing with Section 1159) of
Title 3 of Part 3.

(c) Any action may, upon noticed motion, be withdrawn from
the provisions of this article, upon a showing that it is
impractical to prosecute or defend the action within the
limitations of these provisions.

(d) Special demurrers, motions to strike, and requests for
discovery, pending or determined prior to July 1, 1983, shall
be subject to the law in effect on June 30, 1983.

92. (a) The pleadings allowed are complaints, answers, cross-
complaints, answers to cross-complaints and general demurrers.

(b) The answer need not be verified, even if the complaint or
cross-complaint is verified.

(c) Special demurrers are not allowed.

(d) Motions to strike are allowed only on the ground that the
damages or relief sought are not supported by the allegations of
the complaint.

(e) Except as limited by this section, all other motions are
permitted.

93. (a) The plantiff has the option to serve case questionnaires
with the complaint, using forms approved by the Judicial Council.
The questionnaires served shall include a completed copy of the
plaintiff's completed case questionnaire, and a blank copy of the
defendant's case questionnaire.

(b) Any defendant upon whom a case questionnaire is served shall
serve a completed defendant's case questionnaire upon the
requesting plaintiff with the answer.

(c) The case questionnaire shall be designed to elicit
fundamental information about each party's case, including names
and addresses of all witnesses with knowledge of any relevant
facts, a list of all documents relevant to the case, a statement
of the nature and amount of damages, and information covering
insurance coverages, injuries and treating physicians. The
Judicial Council shall design and develop forms for case
questionnaires.

(d) Approved forms shall be made available by the clerk of the
court.

(e) If a party on whom a case questionnaire has been served
under subdivision (a) or (b) fails to serve a timely or a
complete response to that questionnaire, the party serving the
questionnaire may move for an order compelling a response or a
further response and for a monetary sanction under Section 2023.
If a party then fails to obey an order compelling a response or a
further response, the court may make those orders that are just,
including the imposition of an issue sanction, an evidence sanction,
or a terminating sanction under Section 2023. In lieu of or in
addition to that sanction, the court may impose a monetary sanction
under Section 2023.

94. Discovery is permitted only to the extent provided by this
section and Section 95. This discovery shall comply with the
notice and format requirements of the particular method of
discovery, as provided in Article 3 (commencing with Section 2016)
of Chapter 3 of Title 4 of Part 4. As to each adverse party, a
party may use the following forms of discovery:

(a) Any combination of 35 of the following:

(1) Interrogatories (with no subparts) under Section 2030.

(2) Demands to produce documents or things under Section 2031.

(3) Requests for admission (with no subparts) under Section 2033.

(b) One oral or written deposition under Sections 2025 to 2028,
inclusive.

(c) Any party may serve on any person a deposition subpoena
duces tecum requiring the person served to mail copies of
documents, books or records to the party's counsel at a specified
address, along with an affidavit complying with Section 1561 of
the Evidence Code.

The party who issued the deposition subpoena shall mail a copy of
the response to any other party who tenders the reasonable cost
of copying it.

(d) Physical and mental examinations under Section 2032.

(e) The identity of expert witnesses under Section 2034.

95. (a) The court may, on noticed motion and subject to such terms
and conditions as are just, authorize a party to conduct additional
discovery, but only upon a showing that the moving party will be
unable to prosecute or defend the action effectively without the
additional discovery. In making a determination under this
section, the court shall take into account whether the moving party
has used all applicable discovery in good faith, and whether the
party has attempted to secure the additional discovery by
stipulation or by means other than formal discovery.

(b) The parties may stipulate to additional discovery.

96. (a) Any party may serve on any other party a request in
substantially the following form:
TO: _____________________________________________,
attorney for ________________________________:
You are requested to serve on the undersigned, within 20 days,
a statement of:  the names and addresses of witnesses (OTHER
THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call
at trial; a description of physical evidence you intend to
offer; and a description and copies of documentary evidence you
intend to offer or, if the documents are not available to you, a
description of them. Witnesses and evidence that will be used
only for impeachment need not be included. YOU WILL NOT BE
PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY
EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED
IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE
PROVIDED BY LAW.

(b) The request shall be served no more than 45 days or less
than 30 days prior to the date first set for trial, unless
otherwise ordered.

(c) A statement responding to the request shall be served within 20
days from the service of the request.

(d) No additonal, amended or late statement is permitted except
by written stipulation or unless ordered for good cause on
noticed motion.

(e) No request or statement served under this section shall be
filed, unless otherwise ordered.

(f) The clerk shall furnish forms for requests under this rule.

(g) The time for performing acts required under this section
shall be computed as provided by law, including Section 1013.

97. (a) Except as provided in this section, upon objection of a
party who served a request in compliance with Section 96, no party
required to serve a responding statement may call a witness or
introduce evidence, except for purposes of impeachment, against the
objecting party unless the witness or evidence was included in the
statement served.

(b) The exceptions to subdivision (a) are:

(1) A person who, in his or her individual capacity, is a
party to the litigation and who calls himself or herself as a
witness.

(2) An adverse party.

(3) Witnesses and evidence used solely for purposes of
impeachment.

(4) Documents obtained by discovery authorized by this
chapter.

(5) 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 introduce evidence which
is required to be, but is not included in such party's
statement so long as the court finds that such party has made
a good faith effort to comply with subdivision c of Section 96
or that the failure to comply was the result of his or her
mistake, inadvertence, surprise or excusable neglect as
provided in Section 473.

(c) Nothing in this article limits the introduction of evidence
in any hearing pursuant to Section 585.

98. A party may, in lieu of presenting direct testimony, offer the
prepared testimony of revelant witnesses in the form of affidavits
or declarations under penalty of perjury. The prepared testimony
may include, but need not be limited to, the opinions of expert
witnesses, and testimony which authenticates documentary evidence.
To the extent the contents of the prepared testimony would have
been admissible were the witness to testify orally thereto, the
prepared testimony shall be received as evidence in the case,
provided that either of the following applies:

(a) A copy has been served on the party against whom it is
offered at least 30 days prior to the trial, together with a
current address of the affiant that is within 150 miles of the
place of trial, and the affiant is available for service of
process at that place for a reasonable period of time, during
the 20 days immediately prior to trial.

(b) The statement is in the form of all or part of a deposition
in the case, and the party against whom it is offered had an
opportunity to participate in the deposition.
The court shall determine whether the affidavit or declaration
shall be read into the record in lieu of oral testimony or
admitted as a documentary exhibit.

99. A judgment or final order, in respect to the matter directly
adjudged, is conclusive between the parties and their successors
in interest but does not operate as collateral estoppel of a
party or a successor in interest to a party in other litigation
with a person who was not a party or a successor in interest to a
party to the action in which the judgment or order is rendered.

100. Any party shall have the right to appeal any judgment or
final order consistent with the law governing appeals.

116.110. SMALL CLAIMS ACT: This chapter shall be known and may be
cited as "The Small Claims Act."

116.120. The Legislature hereby finds and declares as follows:

(a) Individual minor civil disputes are of special importance to
the parties and of significant social and economic consequence
collectively.

(b) In order to resolve minor civil disputes expeditiously,
inexpensively, and fairly, it is essential to provide a judicial
forum accessible to all parties directly involved in resolving
these disputes.

(c) The small claims divisions of municipal and justice courts
have been established to provide a forum to resolve minor civil
disputes, and for that reason constitute a fundamental element in
the administration of justice and the protection of the rights
and property of individuals.

(d) The small claims divisions of justice and municipal courts,
the provisions of this chapter, and the rules of the Judicial
Council regarding small claims actions shall operate to ensure
that the convenience of parties and witnesses who are individuals
shall prevail, to the extent possible, over the convenience of
any other parties or witnesses. 116.130. In this chapter,
unless the context indicates otherwise:

(a) "Plaintiff" means the party who has filed a small claims
action; the term includes a defendant who has filed a claim
against a plaintiff.

(b) "Defendant" means the party against whom the plaintiff
has filed a small claims action; the term includes a plaintiff
against whom a defendant has filed a claim.

(c) "Judgment creditor" means the party, whether plaintiff or
defendant, in whose favor a money judgment has been rendered.

(d) "Judgment debtor" means the party, whether plaintiff or
defendant, against whom a money judgment has been rendered.

(e) "Person" means an individual, corporation, partnership,
firm, association, or other entity.

(f) "Individual" means a natural person.

(g) "Party" means a plaintiff or defendant.

(h) "Motion" means a party's written request to the court for
an order or other action; the term includes an informal
written request to the court, such as a letter.

(i) "Declaration" means a written statement signed by an
individual which includes the date and place of signing, and a
statement under penalty of perjury that its contents are true
and correct.

(j) "Good cause" means circumstances sufficient to justify
the requested order or other action, as determined by the
judge.

(k) "Mail" means first-class mail with postage fully prepaid,
unless stated otherwise.

116.140. The following do not apply in small claims actions:

(a) Subdivision (a) of Section 1013 and subdivision (b) of
Section 1005, on the extension of the time for taking action when
notice is given by mail.

(b) Title 6.5 (commencing with Section 481.010) of Part 2, on
the issuance of prejudgment attachments.

116.210. In each justice court and each municipal court there
shall be a small claims division.

116.220. (a) The small claims court shall have jurisdiction in
the following actions:

(1) Except as provided in subdivision c, for recovery of money,
if the amount of the demand does not exceed five thousand dollars ($5,000).

(2) Except as provided in subdivision c, to enforce payment of
delinquent unsecured personal property taxes in an amount not to
exceed five thousand dollars ($5,000), if the legality of the tax
is not contested by the defendant.

(3) To issue the writ of possession authorized by Sections 1861.5
and 1861.10 of the Civil Code if the amount of the demand does
not exceed five thousand dollars ($5,000).

(b) In any action seeking relief authorized by subdivision

(a), the court may grant equitable relief in the form of rescission,
restitution, reformation, and specific performance, in lieu of, or in
addition to, money damages. The court may issue a conditional
judgment. The court shall retain jurisdiction until full payment and
performance of any judgment or order.

(c) Notwithstanding subdivision (a), the small claims court
shall have jurisdiction over a defendant guarantor who is
required to respond based upon the default, actions, or omissions
of another, only if the demand does not exceed two thousand five
hundred dollars ($2,500).

(d) In any case in which the lack of jurisdiction is due solely
to an excess in the amount of the demand, the excess may be
waived, but any waiver shall not become operative until judgment.

116.230. (a) A fee of fifteen dollars ($15) shall be charged and
collected for the filing of a claim if the number of claims
previously filed by the party in each court within the previous 12
months is 12 or less; and a fee of thirty dollars ($30) shall be
collected for the filing of any additional claims.

(b) A fee to cover the actual cost of court service by mail,
adjusted upward to the nearest dollar, shall be charged and
collected for each defendant to whom the court clerk mails a copy
of the claim under Section 116.340.

(c) The number of claims filed by a party during the previous 12
months shall be determined by a declaration by the party stating
the number of claims so filed and submitted to the clerk with the
current claim.

116.231. (a) Except as provided in Section 116.232, no person may
file more than two small claims actions in which the amount
demanded exceeds two thousand five hundred dollars ($2,500),
anywhere in the state in any calendar year.

(b) If the amount demanded in any small claims action exceeds two
thousand five hundred dollars ($2,500), the party making the demand
shall file a declaration under penalty of perjury attesting to the
fact that not more than two small claims actions in which the
amount of the demand exceeded two thousand five hundred
dollars ($2,500) have been filed by that party in this state within the
calendar year.

116.232. (a) The boards of supervisors of the City and County of
San Francisco and the County of Stanislaus may elect to
participate in pilot projects within their respective jurisdictions
under which the limitation on filings provided in Section 116.231
does not apply to the participating city and county or county
respectively, or to any city, school district, county office of
education, community college district, or local district within
those jurisdictions. It is the intent of the Legislature that this
additional authority shall constitute a pilot project to determine
the efficacy of use by public entities of the small claims courts
for actions on claims exceeding two thousand five hundred
dollars ($2,500).

(b) If any small claims action is filed by the City and County of
San Francisco or the County of Stanislaus, pursuant to subdivision (a),
and the defendant informs the court either in advance of the
hearing by written notice or at the time of the hearing, that he or
she is represented in the action by legal counsel, the action shall
be transferred to the municipal court.

(c) This section shall be repealed on January 1, 1995, unless a
later enacted statute, which is enacted before that date, deletes
or extends that date.

116.240. With the consent of the parties who appear at the hearing,
the court may order a case to be heard by a temporary judge who is a
member of the State Bar, and who has been sworn and empowered to act
until final determination of the case. 116.250. (a) Sessions of the
small claims court may be scheduled at any time and on any day,
including Saturdays, but excluding other judicial holidays. They may
also be scheduled at any public building within the judicial district,
including places outside the courthouse.

(b) Each small claims division of a municipal court with four or more
judicial officers shall conduct at least one night session or Saturday
session each month. The term "session" includes, but is not limited
to, a proceeding conducted by a member of the State Bar acting as a
mediator or referee. 116.260. In each county, individual assistance
shall be made available to advise small claims litigants and potential
litigants without charge as provided in Section 116.940 and by rules
adopted by the Judicial Council.

116.270. Any small claims division may use law clerks to assist the
judge with legal research of small claims cases. 116.310. (a) No
formal pleading other than the claim described in Section 116. 320
or 116.380, is necessary to initiate a small claims action.

(b) The pretrial discovery procedures described in subdivision (a) of
Section 2019 are not permitted in small claims actions.

116.320. (a) A plaintiff may commence an action in the small claims
court by filing a claim under oath with the clerk of the small claims
court in person or by mail.

(b) The claim form shall be a simple nontechnical form approved or
adopted by the Judicial Council. The claim form shall set forth a
place for (1) the name and address of the defendant, if known; (2) the
amount and the basis of the claim;

(3) that the plaintiff, where possible, has demanded payment and,
in applicable cases, possession of the property; (4) that the
defendant has failed or refused to pay, and, where applicable, has
refused to surrender the property; and (5) that the plaintiff
understands that the judgment on his or her claim will be
conclusive and without a right of appeal.

(c) The form or accompanying instructions shall include
information that the plaintiff (1) may not be represented by an
attorney, (2) has no right of appeal, and (3) may ask the court
to waive fees for filing and serving the claim on the ground that
the plaintiff is unable to pay them, using the forms approved by
the Judicial Council for that purpose. 116.330. (a) When a
claim is filed, the clerk shall schedule the case for hearing in
accordance with subdivision c and shall issue an order directing
the parties to appear at the time set for the hearing with
witnesses and documents to prove their claim or defense.

(b) In lieu of the method of setting the case for hearing
described in subdivision (a), at the time a claim is filed the
clerk may do all of the following:

(1) Cause a copy of the claim to be mailed to the defendant by
any form of mail providing for a return receipt.

(2) On receipt of proof that the claim was served as provided in
paragraph (1), issue an order scheduling the case for hearing in
accordance with subdivision c and directing the parties to appear
at the time set for the hearing with witnesses and documents to
prove their claim or defense.

(3) Cause a copy of the order setting the case for hearing and
directing the parties to appear, to be served upon the parties by
any form of mail providing for a return receipt.

(c) If the defendant resides in the county in which the
action is filed, the case shall be scheduled for hearing at
least 15 days but not more than 40 days from the date of the
order. If the defendant resides outside the county in which
the action is filed, the case shall be scheduled for hearing
at least 30 days but not more than 70 days from the date of
the order.

(d) If there are two or more defendants and one or more of
them resides outside the county in which the action is filed,
the date for the appearance of all the defendants shall be at
least 30 days but not more than 70 days from the date of the
order.

(e) A public entity, as defined in Section 811.2 of the
Government Code, which files more than 10 claims at one time may
request a date for the appearance of the defendant later than that
otherwise specified in this section, and the clerk may set the case
for hearing at that later date subject to the following limits:

(1) If all defendants reside in the county in which the action is
filed, the date for appearance shall not be more than 70 days
from the date of the order.

(2) In other cases, the date for appearance shall not be more than 90
days from the date of the order.

116.340. (a) Service of the claim and order on the defendant may be
made by any one of the following methods:

(1) The clerk may cause a copy of the claim and order to be
mailed to the defendant by any form of mail providing for a
return receipt.

(2) The plaintiff may cause a copy of the claim and order to be
delivered to the defendant in person.

(3) The plaintiff may cause service of a copy of the claim and
order to be made by substituted service as provided in
subdivision (a) or (b) of Section 415.20 without the need to
attempt personal service on the defendant.

(4) The clerk may cause a copy of the claim to be mailed, the
order to be issued, and a copy of the order to be mailed as
provided in subdivision (b) of Section 116.330.

(b) Service of the claim and order on the defendant shall be
completed at least 10 days before the hearing date if the
defendant resides within the county in which the action is
filed, or at least 15 days before the hearing date if the
defendant resides outside the county in which the action is
filed.

(c) Service by the methods described in subdivision (a) shall
be deemed complete on the date that the defendant signs the
mail return receipt, on the date of the personal service, as
provided in Section 415.20, or as established by other
competent evidence, whichever applies to the method of service
used.

(d) Service shall be made within this state, except as
provided in subdivisions (e) and (f).

(e) The owner of record of real property in California who
resides in another state and who has no lawfully designated
agent in California for service of process may be served by
any of the methods described in this section if the claim
relates to that property.

(f) Service on the Director of the Department of Motor
Vehicles, and notice to the defendant, if made by any of the
methods permitted in this section for service of a claim and
order, shall satisfy the requirements of Sections 17450 to 17461,
inclusive, of the Vehicle Code, on constructive service on a
nonresident owner or operator of a motor vehicle involved in an
accident in this state.

(g) If an action is filed against a principal and his or her
guaranty or surety pursuant to a guarantor or suretyship
agreement, a reasonable attempt shall be made to complete service
on the principal. If service is not completed on the principal,
the action shall be transferred to the court of appropriate
jurisdiction.

116.360. (a) The defendant may file a claim against the plaintiff in
the same action in an amount not to exceed the jurisdictional limits
stated in Sections 116.220 and 116.231.

(b) The defendant's claim shall be filed and served in the
manner provided for filing and serving a claim of the plaintiff
under Sections 116.330 and 116.340.

(c) The defendant shall cause a copy of the claim and order to
be served on the plaintiff at least five days before the hearing
date, unless the defendant was served 10 days or less before the
hearing date, in which event the defendant shall cause a copy of
the defendant's claim and order to be served on the plaintiff at
least one day before the hearing date. 116.370. (a) Venue in
small claims actions shall be the same as in other civil actions.

(b) A defendant may challenge venue by writing to the court,
without personally appearing at the hearing.

(c) In all cases, including those in which the defendant does
not either challenge venue or appear at the hearing, the court
shall inquire into the facts sufficiently to determine whether
venue is proper, and shall make its determination accordingly.

(1) If the court determines that the action was not commenced
in the proper venue, the court, on its own motion, shall
dismiss the action without prejudice unless all defendants are
present and agree that the action may be heard.

(2) If the court determines that the action was commenced in
the proper venue, the court may hear the case if all parties
are present. If the defendant challenged venue and all
parties are not present, the court shall postpone the hearing
for at least 15 days and shall notify all parties by mail of the court's
decision and the new hearing date, time, and place. 116.390.

(a) If a defendant has a claim against a plaintiff that exceeds the
jurisdictional limits stated in Sections 116.220 and 116.231, and the
claim relates to the contract, transaction, matter, or event which is
the subject of the plaintiff's claim, the defendant may commence an
action against the plaintiff in a court of competent jurisdiction and
request the small claims court to transfer the small claims action to
that court.

(b) The defendant may make the request by filing with the small claims
court in which the plaintiff commenced the action, at or before the
time set for the hearing of that action, a declaration stating the
facts concerning the defendant's action against the plaintiff with a
true copy of the complaint so filed by the defendant against the
plaintiff and the sum of one dollar ($1) for a transmittal fee. The
defendant shall cause a copy of the declaration and complaint to be
personally delivered to the plaintiff at or before the time set for
the hearing of the small claims action.

(c) The small claims court shall not transfer the action until
after a judgment is rendered unless the ends of justice would be
served. If the small claims action is transferred prior to
judgment, both actions shall be tried together in the transferee
court.

(d) When the small claims court orders the action transferred,
it shall transmit all files and papers to the transferee court.

(e) The plaintiff in the small claims action shall not be
required to pay to the clerk of the transferee court any
transmittal, appearance, or filing fee unless the plaintiff
appears in the transferee court, in which event the plaintiff
shall be required to pay the filing fee and any other fee
required of a defendant in the transferee court. However, if the
transferee court rules against the plaintiff in the action filed
in that court, the court may award to the defendant in that
action the costs incurred as a consequence of the transfer,
including attorney's fees and filing fees.

116.410. (a) Any person who is at least 18 years of age and mentally
competent may be a party to a small claims action.

(b) A minor or incompetent person may appear by a guardian ad litem
appointed by a judge of the court in which the action is filed.

116.420. (a) No claim shall be filed or maintained in small claims
court by the assignee of the claim.

(b) This section does not prevent the filing or defense of an action
in the small claims court by (1) a trustee in bankruptcy in the
exercise of the trustee's duties as trustee, or (2) by the holder of a
security agreement, retail installment contract, or lien contract
subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of
Title 2 of Part 4 of Division 3 of the Civil Code) or the Automobile
Sales Finance Act (Chapter 2b (commencing with Section 2981) of Title 14
of Part 4 of Division 3 of the Civil Code), purchased by the holder
for the holder's portfolio of investments, provided that the holder is
not an assignee for the purpose of collection. 116.430. (a) If the
plaintiff operates or does business under a fictitious business name
and the claim relates to that business, the claim shall be accompanied
by the filing of a declaration stating that the plaintiff has complied
with the fictitious business name laws by executing, filing, and
publishing a fictitious business name statement as required.

(b) A small claims action filed by a person who has not complied
with the applicable fictitious business name laws by executing,
filing, and publishing a fictitious business name statement as
required shall be dismissed without prejudice.

(c) For purposes of this section, "fictitious business name"
means the term as defined in Section 17900 of the Business and
Professions Code, and "fictitious business name statement" means
the statement described in Section 17913 of the Business and
Professions Code.

116.510. The hearing and disposition of the small claims action shall
be informal, the object being to dispense justice promptly, fairly,
and inexpensively.

116.520. (a) The parties have the right to offer evidence by
witnesses at the hearing or, with the permission of the court, at
another time.

(b) If the defendant fails to appear, the court shall still require
the plaintiff to present evidence to prove his or her claim.

(c) The court may consult witnesses informally and otherwise
investigate the controversy with or without notice to the
parties.

116.530. (a) Except as permitted by this section, no attorney may
take part in the conduct or defense of a small claims action.

(b) Subdivision (a) does not apply if the attorney is appearing to
maintain or defend an action (1) by or against himself or herself,

(2) by or against a partnership in which he or she is a general
partner and in which all the partners are attorneys, or (3) by or
against a professional corporation of which he or she is an officer
or director and of which all other officers and directors are
attorneys.

(c) Nothing in this section shall prevent an attorney from

(1) providing advice to a party to a small claims action, either
before or after the commencement of the action; (2) testifying to
facts of which he or she has personal knowledge and about which he
or she is competent to testify; (3) representing a party in an
appeal to the superior court; and (4) representing a party in
connection with the enforcement of a judgment.

116.531. Nothing in this article shall prevent a representative
of an insurer or other expert in the matter before the small
claims court from rendering assistance to a party in the
litigation except during the conduct of the hearing, either
before or after the commencement of the action, unless otherwise
prohibited by law; nor shall anything in this article prevent
those individuals from testifying to facts of which they have
personal knowledge and about which they are competent to testify.

116.540. (a) Except as permitted by this section, no individual
other than the plaintiff and the defendant may take part in the
conduct or defense of a small claims action.

(b) A corporation may appear and participate in a small claims
action only through a regular employee, or a duly appointed or
elected officer or director, who is employed, appointed, or
elected for purposes other than solely representing the
corporation in small claims court.

(c) A party who is not a corporation or a natural person may
appear and participate in a small claims action only through a
regular employee, or a duly appointed or elected officer or
director, or in the case of a partnership, a partner, engaged for
purposes other than solely representing the party in small claims
court.

(d) If a party is an individual doing business as a sole
proprietorship, the party may appear and participate in a small
claims action by a representative and without personally
appearing if both of the following conditions are met:

(1) The claim can be proved or disputed by evidence of an
account that constitutes a business record as defined in
Section 1271 of the Evidence Code, and there is no other
issue of fact in the case.

(2) The representative is a regular employee of the party for
purposes other than solely representing the party in small claims
actions and is qualified to testify to the identity and mode of
preparation of the business record.

(e) A plaintiff is not required to personally appear, and may
submit declarations to serve as evidence supporting his or her
claim or allow another individual to appear and participate on
his or her behalf, if (1) the plaintiff is serving on active
duty in the United States armed forces outside this state, (2)
the plaintiff was assigned to his or her duty station after
his or her claim arose, (3) the assignment is for more than
six months, (4) the representative is serving without
compensation, and (5) the representative has appeared in small
claims actions on behalf of others no more than four times
during the calendar year. The defendant may file a claim in
the same action in an amount not to exceed the jurisdictional
limits stated in Sections 116.220 and 116.231.

(f) A party incarcerated in a county jail, a Department of
Corrections facility, or a Youth Authority facility is not required to
personally appear, and may submit declarations to serve as evidence
supporting his or her claim, or may authorize another individual to
appear and participate on his or her behalf if that individual is
serving without compensation and has appeared in small claims actions
on behalf of others no more than four times during the calendar year.

(g) A defendant who is a nonresident owner of real property is
not required to personally appear, and may submit written
declarations to serve as evidence supporting his or her defense,
or may allow another individual to appear and participate on his
or her behalf if that individual is serving without compensation
and has appeared in small claims actions on behalf of others no
more than four times during the calendar year.

(h) At the hearing of a small claims action, the court shall
require any individual who is appearing as a representative of a
party under subdivision (b), c, (d), (e), (f), or (g) to file a
declaration stating (1) that the individual is authorized to
appear for the party, and (2) the basis for that authorization.
If the representative is appearing under subdivision (b), c, or

(d), the declaration also shall state that the individual is not
employed solely to represent the party in small claims court. If
the representative is appearing under subdivision (e), (f), or

(g), the declaration also shall state that the representative is
serving without compensation, and has appeared in small claims
actions on behalf of others no more than four times during the
calendar year.

(i) A husband or wife who sues or who is sued with his or her
spouse may appear and participate on behalf of his or her spouse
if (1) the claim is a joint claim, (2) the represented spouse has
given his or her consent, and (3) the court determines that the
interests of justice would be served.

(j) If the court determines that a party cannot properly present
his or her claim or defense and needs assistance, the court may
in its discretion allow another individual to assist that party.

(k) Nothing in this section shall operate or be construed to
authorize an attorney to participate in a small claims action
except as expressly provided in Section 116.530.

116.550. (a) If the court determines that a party does not speak or
understand English sufficiently to comprehend the proceedings or give
testimony, and needs assistance in so doing, the court may permit
another individual (other than an attorney) to assist that party.

(b) Each small claims court shall make a reasonable effort to
maintain and make available to the parties a list of interpreters
who are able and willing to aid parties in small claims actions
either for no fee, or for a fee which is reasonable considering
the nature and complexity of the claims. The list shall include
interpreters for all languages that require interpretation before
the court, as determined by the court in its discretion and in
view of the court's experience.

(c) Failure to maintain a list of interpreters, or failure to
include an interpreter for a particular language, shall not
invalidate any proceedings before the court.

(d) If a court interpreter or other competent interpreter is not
available to aid a party in a small claims action, at the first
hearing of the case the court shall postpone the hearing one time
only to allow the party the opportunity to obtain another
individual (other than an attorney) to assist that party. Any
additional continuances shall be at the discretion of the court.

116.560. (a) Whenever a claim that is filed against a person
operating or doing business under a fictitious business name relates
to the defendant's business, the court shall inquire at the time of
the hearing into the defendant's correct legal name and the name or
names under which the defendant does business. If the correct legal
name of the defendant, or the name actually used by the defendant, is
other than the name stated on the claim, the court shall amend the
claim to state the correct legal name of the defendant, and the name
or names actually used by the defendant.

(b) The plaintiff may request the court at any time, whether
before or after judgment, to amend the plaintiff's claim or
judgment to include both the correct legal name and the name or
names actually used by the defendant. Upon a showing of good
cause, the court shall amend the claim or judgment to state the
correct legal name of the defendant, and the name or names
actually used by the defendant.

(c) For purposes of this section, "fictitious business name"
means the term as defined in Section 17900 of the Business and
Professions Code.

116.570. (a) Any party may submit a written request for postponement
of a hearing date.

(1) The written request may be made either by letter or on a
form adopted or approved by the Judicial Council.

(2) On the date of making the written request, the requesting
party shall mail or personally deliver a copy to each of the
other parties to the action.

(3) If the court finds that the interests of justice would be
served by postponing the hearing, the court shall postpone the
hearing, and shall notify all parties by mail of the new hearing
date, time, and place.

(4) The court shall provide a prompt response by mail to any
person making a written request for postponement of a hearing
date under this subdivision.

(b) If service of the claim and order upon the defendant is not
completed within the number of days before the hearing date required
by subdivision (b) of Section 116.340, and the defendant has not
personally appeared and has not requested a postponement, the court
shall postpone the hearing for at least 15 days. If a postponement is
ordered under this subdivision, the clerk shall promptly notify all
parties by mail of the new hearing date, time, and place.

(c) Nothing in this section limits the inherent power of the
court to order postponements of hearings in appropriate
circumstances.

(d) A fee of ten dollars ($10) shall be charged and collected
for the filing of a request for postponement and rescheduling of
a hearing date.

116.610. (a) The small claims court shall give judgment for damages,
or equitable relief, or both damages and equitable relief, within the
jurisdictional limits stated in Sections 116.220 and 116.231, and may
make such orders as to time of payment or otherwise as the court deems
just and equitable for the resolution of the dispute.

(b) The court may, at its discretion or on request of any party,
continue the matter to a later date in order to permit and
encourage the parties to attempt resolution by informal or
alternative means.

(c) The judgment shall include a determination whether the
judgment resulted from a motor vehicle accident on a California
highway caused by the defendant's operation of a motor vehicle,
or by the operation by some other individual, of a motor vehicle
registered in the defendant's name.

(d) If the defendant has filed a claim against the plaintiff, or
if the judgment is against two or more defendants, the judgment,
and the statement of decision if one is rendered, shall specify
the basis for and the character and amount of the liability of
each of the parties, including, in the case of multiple judgment
debtors, whether the liability of each is joint or several.

(e) In an action against several defendants, the court may, in
its discretion, render judgment against one or more of them,
leaving the action to proceed against the others, whenever a
several judgment is proper.

(f) The prevailing party is entitled to the costs of the action,
including the costs of serving the order for the appearance of
the defendant.

(g) When the court renders judgment, the clerk shall promptly
deliver or mail notice of entry of the judgment to the parties,
and shall execute a certificate of personal delivery or mailing
and place it in the file.

(h) The notice of entry of judgment shall be on a form approved
or adopted by the Judicial Council.

116.620. (a) The judgment debtor shall pay the amount of the judgment
either immediately or at the time and upon the terms and conditions,
including payment by installments, which the court may order.

(b) The court may at any time, for good cause, upon motion by a
party and notice by the clerk to all affected parties at their
last known address, amend the terms and conditions for payment of
the judgment to provide for payment by installment. The
determination shall be made without regard to the nature of the
underlying debt and without regard to whether the moving party
appeared before entry of the judgment.

(c) In determining the terms and conditions of payment, the
court may consider any factors which would be relevant to a claim
of exemption under Chapter 4 (commencing with Section 703.010) of
Division 2 of Title 9 of Part 2.

116.630. The court may, at any time after judgment, for good
cause, upon motion by a party and notice by the clerk to all
affected parties at their last known address, amend the name of
any party to include both the correct legal name and the
actually used name or names of that party.

116.710. (a) The plaintiff in a small claims action shall have
no right to appeal the judgment on the plaintiff's claim, but a
plaintiff who did not appear at the hearing may file a motion to
vacate the judgment in accordance with Section 116.720.

(b) The defendant with respect to the plaintiff's claim, and a
plaintiff with respect to a claim of the defendant, may appeal
the judgment to the superior court in the county in which the
action was heard.

(c) With respect to the plaintiff's claim, the insurer of the
defendant may appeal the judgment to the superior court in the
county in which the matter was heard if the judgment exceeds two
thousand five hundred dollars ($2,500) and the insurer stipulates
that its policy with the defendant covers the matter to which the
judgment applies.

(d) A defendant who did not appear at the hearing has no right
to appeal the judgment, but may file a motion to vacate the
judgment in accordance with Section 116.730 or 116.740 and also
may appeal the denial of that motion.

116.720. (a) A plaintiff who did not appear at the hearing in the
small claims court may file a motion to vacate the judgment with the
clerk of the small claims court. The motion shall be filed within 30
days after the clerk has mailed notice of entry of the judgment to the
parties.

(b) The clerk shall schedule the hearing on the motion to vacate
for a date no earlier than 10 days after the clerk has mailed
written notice of the date, time, and place of the hearing to the
parties.

(c) Upon a showing of good cause, the small claims court may
grant the motion. If the defendant is not present, the court
shall hear the motion in the defendant's absence.

(d) If the motion is granted, and if all parties are present and
agree, the court may hear the case without rescheduling it. If
the defendant is not present, the judge or clerk shall reschedule
the case and give notice in accordance with Section 116.330.

116.725. Nothing in this chapter shall be construed to prevent a
court from correcting a clerical error in a judgment or from setting
aside and vacating a judgment on the ground of an incorrect or
erroneous legal basis for the decision. 116.730. (a) A defendant who
did not appear at the hearing in the small claims court may file a
motion to vacate the judgment with the clerk of the small claims
court. The motion shall be filed within 30 days after the clerk has
mailed notice of entry of the judgment to the parties.

(b) The defendant shall appear at any hearing on the motion, or
submit written justification for not appearing together with a
declaration in support of the motion.

(c) Upon a showing of good cause, the court may grant the motion
to vacate the judgment. If the plaintiff is not present, the
court shall hear the motion in the plaintiff's absence.

(d) If the motion is granted, and if all parties are present and
agree, the court may hear the case without rescheduling it.
If the plaintiff is not present, the judge or clerk shall
reschedule the case and give notice in accordance with Section 116.330.

(e) If the motion is denied, the defendant may appeal to the
superior court only on the denial of the motion to vacate the
judgment. The defendant shall file the notice of appeal with the
clerk of the small claims court within 10 days after the small
claims court has mailed or delivered notice of the court's denial
of the motion to vacate the judgment.

(f) If the superior court determines that the defendant's motion
to vacate the judgment should have been granted, the superior
court may hear the claims of all parties without rescheduling the
matter, provided that all parties are present and the defendant
has previously complied with this article, or may order the case
transferred to the small claims court for a hearing.

116.740. (a) If the defendant was not properly served as
required by Section 116.330 or 116.340 and did not appear at the
hearing in the small claims court, the defendant may file a
motion to vacate the judgment with the clerk of the small claims
court. The motion shall be accompanied by a supporting
declaration, and shall be filed within 180 days after the
defendant discovers or should have discovered that judgment was
entered against the defendant.

(b) The court may order that the enforcement of the judgment
shall be suspended pending a hearing and determination of the
motion to vacate the judgment.

(c) Upon a showing of good cause, the court may grant the motion
to vacate the judgment. If the plaintiff is not present, the
court shall hear the motion in the plaintiff's absence.

(d) Subdivisions (d), (e), and (f) of Section 116.730 apply to
any motion to vacate a judgment.

116.750. (a) An appeal from a judgment in a small claims action is
taken by filing a notice of appeal with the clerk of the small claims
court.

(b) A notice of appeal shall be filed not later than 30 days
after the clerk has delivered or mailed notice of entry of the
judgment to the parties. A notice of appeal filed after the 30-
day period is ineffective for any purpose.

(c) The time for filing a notice of appeal is not extended by
the filing of a request to correct a mistake or by virtue of any
subsequent proceedings on that request, except that a new period
for filing notice of appeal shall begin on the delivery or
mailing of notice of entry of any modified judgment. 116.760.

(a) The appealing party shall pay the same superior court filing
fee that is required for an appeal of a civil action from a
justice or municipal court.

(b) A party who does not appeal shall not be charged any fee for
filing any document in the superior court. 116.770. (a) The
appeal to the superior court shall consist of a new hearing.

(b) The hearing on an appeal to the superior court shall be
conducted informally. The pretrial discovery procedures
described in subdivision (a) of Section 2019 are not permitted,
no party has a right to a trial by jury, and no tentative
decision or statement of decision is required.

(c) Article 5 (commencing with Section 116.510) on hearings in
the small claims court applies in hearings on appeal in the
superior court, except that attorneys may participate.

(d) The scope of the hearing shall include the claims of all
parties who were parties to the small claims action at the time
the notice of appeal was filed. The hearing shall include the
claim of a defendant which was heard in the small claims court.

(e) The clerk of the superior court shall schedule the hearing
for the earliest available time and shall mail written notice of
the hearing to the parties at least 14 days prior to the time set
for the hearing.

(f) The Judicial Council may prescribe by rule the practice and
procedure on appeal and the time and manner in which the record
on appeal shall be prepared and filed.

116.780. (a) The judgment of the superior court after a hearing on
appeal is final and not appealable.

(b) Article 6 (commencing with Section 116.610) on judgments of
the small claims court applies to judgments of the superior court
after a hearing on appeal, except as provided in subdivisions c
and (d).

(c) For good cause and where necessary to achieve substantial
justice between the parties, the superior court may award a party
to an appeal reimbursement of (1) attorney's fees actually and
reasonably incurred in connection with the appeal, not exceeding
one hundred fifty dollars ($150), and (2) actual loss of earnings
and expenses of transportation and lodging actually and
reasonably incurred in connection with the appeal, not exceeding
one hundred fifty dollars ($150).

(d) Upon the completion of the appeal process, the superior
court shall order the appeal and any judgment transferred to the
small claims court in which the action was originally filed for
purposes of enforcement and other proceedings under
Article 8 (commencing with Section 116.810) of this chapter. 116.790.
If the superior court finds that the appeal was without substantial
merit and not based on good faith, but was intended to harass or
delay the other party, or to encourage the other party to
abandon the claim, the court may award the other party (a)
attorney's fees actually and reasonably incurred in connection
with the appeal, not exceeding one thousand dollars ($1,000), and

(b) any actual loss of earnings and any expenses of
transportation and lodging actually and reasonably incurred in
connection with the appeal, not exceeding one thousand
dollars ($1,000), following a hearing on the matter.

116.795. (a) The superior court may dismiss the appeal if the
appealing party does not appear at the hearing or if the appeal is not
heard within one year from the date of filing the notice of appeal
with the clerk of the small claims court.

(b) Upon dismissal of an appeal by the superior court, the small
claims court shall thereafter have the same jurisdiction as if no
appeal had been filed.

116.810. (a) Enforcement of the judgment of a small claims court,
including the issuance or recording of any abstract of the judgment,
is automatically suspended, without the filing of a bond by the
defendant, until the expiration of the time for appeal.

(b) If an appeal is filed as provided in Article 7 (commencing with
Section 116.710), enforcement of the judgment
of the small claims court is suspended unless (1) the appeal is
dismissed by the superior court pursuant to Section 116.795, or

(2) the superior court determines that the small claims court
properly denied the defendant's motion to vacate filed under
Section 116.730 or 116.740. In either of those events, the
judgment of the small claims court may be enforced.

(c) The scope of the suspension of enforcement under this
section and, unless otherwise ordered, of any suspension of
enforcement ordered by the court, shall include any enforcement
procedure described in Title 9 (commencing with Section 680.010)
of Part 2 and in Sections 674 and 1174.

116.820. (a) The judgment of a small claims court may be enforced as
provided in Title 9 (commencing with Section 680.010) of Part 2 and in
Sections 674 and 1174 on the enforcement of judgments of other courts.
A judgment of the superior court after a hearing on appeal, and after
transfer to the small claims court under subdivision (d) of 
Section 116.780, may be enforced like other judgments of the small claims
court, as provided in Title 9 (commencing with Section 680.010) of
Part 2 and in Sections 674 and 1174 on the enforcement of judgments
of other courts.

(b) Fees as provided in Sections 26828, 26830, and 26834 of the
Government Code shall be charged and collected by the clerk for the
issuance of a writ of execution, an order of examination of a judgment
debtor, or an abstract of judgment.

(c) The prevailing party in any action subject to this chapter
is entitled to the costs of enforcing the judgment and accrued
interest.

116.830. (a) At the time judgment is rendered, or notice of
entry of the judgment is mailed to the parties, the clerk shall
deliver or mail to the judgment debtor a form containing
questions regarding the nature and location of any assets of the
judgment debtor.

(b) Within 30 days after the clerk has mailed notice of entry of
the judgment, unless the judgment has been satisfied, the
judgment debtor shall complete the form and cause it to be
delivered to the judgment creditor.

(c) In the event a motion is made to vacate the judgment or a
notice of appeal is filed, a judgment debtor shall complete and
deliver the form within 30 days after the clerk has delivered or
mailed notice of denial of the motion to vacate, or notice of
dismissal of or entry of judgment on the appeal, whichever is
applicable.

(d) In case of the judgment debtor's willful failure to comply
with subdivision (b) or c, the judgment creditor may request the
court to apply the sanctions, including arrest and attorney's
fees, as provided in Section 708.170, on contempt of court.

(e) The Judicial Council shall approve or adopt the form to be
used for the purpose of this section.

116.840. (a) At the option of the judgment debtor, payment of the
judgment may be made either (1) to the judgment creditor in accordance
with Section 116.850, or (2) to the court in which the judgment was
entered in accordance with Section 116.860.

(b) The small claims court may order entry of satisfaction of judgment
in accordance with subdivisions c and (d) of Section 116.850, or
subdivision (b) of Section 116.860. 116.850. (a) If full payment of
the judgment is made to the judgment creditor or to the judgment
creditor's assignee of record, then immediately upon receipt of
payment, the judgment creditor or assignee shall file with the clerk
of the court an acknowledgment of satisfaction of the judgment.

(b) Any judgment creditor or assignee of record who, after
receiving full payment of the judgment and written demand by the
judgment debtor, fails without good cause to execute and file an
acknowledgment of satisfaction of the judgment with the clerk of
the court in which the judgment is entered within 14 days after
receiving the request, is liable to the judgment debtor or the
judgment debtor's grantees or heirs for all damages sustained by
reason of the failure and, in addition, the sum of fifty dollars ($50).

(c) The clerk of the court shall enter a satisfaction of
judgment at the request of the judgment debtor if the judgment
debtor either (1) establishes a rebuttable presumption of full
payment under subdivision (d), or (2) establishes a rebuttable
presumption of partial payment under subdivision (d) and complies
with subdivision c of Section 116.860.

(d) A rebuttable presumption of full or partial payment of the
judgment, whichever is applicable, is created if the judgment
debtor files both of the following with the clerk of the court in
which the judgment was entered:

(1) Either a canceled check or money order for the full or
partial amount of the judgment written by the judgment debtor
after judgment and made payable to and endorsed by the
judgment creditor, or a cash receipt for the full or partial
amount of the judgment written by the judgment debtor after
judgment and signed by the judgment creditor.

(2) A declaration stating that (A) the judgment debtor has
made full or partial payment of the judgment including accrued
interest and costs; (B) the judgment creditor has been
requested to file an acknowledgment of satisfaction of the
judgment and refuses to do so, or refuses to accept subsequent
payments, or the present address of the judgment creditor is
unknown; and c the documents identified in and accompanying
the declaration constitute evidence of the judgment creditor's
receipt of full or partial payment.

116.860. (a) A judgment debtor who desires to make payment to the
court in which the judgment was entered may file a request to make
payment, which shall be made on a form approved or adopted by the
Judicial Council.

(b) Upon the filing of the request to make payment and the
payment to the clerk of the amount of the judgment and any
accrued interest and costs after judgment, plus any required fee
authorized by this section, the clerk shall enter satisfaction of
the judgment and shall remit payment to the judgment creditor as
provided in this section.

(c) If partial payment of the judgment has been made to the
judgment creditor, and the judgment debtor files the declaration
and evidence of partial payment described in subdivision (d) of
Section 116.850, the clerk shall enter satisfaction of the
judgment upon receipt by the clerk of the balance owing on the
judgment, including any accrued interest and costs after
judgment, and the fee required by this section.

(d) If payment is made by means other than money order,
certified or cashier's check, or cash, entry of satisfaction of
the judgment shall be delayed for 30 days.

(e) The clerk shall notify the judgment creditor, at his or her
last known address, that the judgment debtor has satisfied the
judgment by making payment to the court. The notification shall
explain the procedures which the judgment creditor has to follow
to receive payment.

(f) For purposes of this section, "costs after judgment" consist
of only those costs itemized in a memorandum of costs filed by
the judgment creditor or otherwise authorized by the court.

(g) Payments that remain unclaimed shall go to the local agency
pursuant to Sections 50050 to 50056, inclusive, of the Government
Code.

(h) The board of supervisors shall set a fee, not to exceed the
actual costs of administering this section, up to a maximum of
twenty-five dollars ($25), which shall be paid by the judgment
debtor.

116.870. Sections 16250 to 16381, inclusive, of the Vehicle Code,
regarding the suspension of the judgment debtor's privilege to operate
a motor vehicle for failing to satisfy a judgment, apply if the
judgment (1) was for damage to property in excess of five hundred
dollars ($500) or for bodily injury to, or death of, any person in any
amount, and (2) resulted from the operation of a motor vehicle upon a
California highway by the defendant, or by any other person for whose
conduct the defendant was liable, unless the liability resulted from
the defendant's signing the application of a minor for a driver's
license.

116.880. (a) If the judgment (1) was for five hundred dollars ($500)
or less, (2) resulted from a motor vehicle accident occurring on a
California highway caused by the defendant's operation of a motor
vehicle, and (3) has remained unsatisfied for more than 90 days after
the judgment became final, the judgment creditor may file with the
Department of Motor Vehicles a notice requesting a suspension of the
judgment debtor's privilege to operate a motor vehicle.

(b) The notice shall state that the judgment has not been
satisfied, and shall be accompanied by (1) a fee set by the
department, (2) the judgment of the court determining that the
judgment resulted from a motor vehicle accident occurring on a
California highway caused by the judgment debtor's operation of a
motor vehicle, and (3) a declaration that the judgment has not
been satisfied. The fee shall be used by the department to
finance the costs of administering this section and shall not
exceed the department's actual costs.

(c) Upon receipt of a notice, the department shall attempt to
notify the judgment debtor by telephone, if possible, otherwise
by certified mail, that the judgment debtor's privilege to
operate a motor vehicle will be suspended for a period of 90
days, beginning 20 days after receipt of notice by the department
from the judgment creditor, unless satisfactory proof, as
provided in subdivision (e), is provided to the department before
that date.

(d) At the time the notice is filed, the department shall give
the judgment creditor a copy of the notice, which shall indicate
the filing fee paid by the judgment creditor, and shall include a
space to be signed by the judgment creditor acknowledging payment
of the judgment by the judgment debtor. The judgment creditor
shall mail or deliver a signed copy of the acknowledgment to the
judgment debtor once the judgment is satisfied.

(e) The department shall terminate the suspension, or the
suspension proceedings, upon the occurrence of any of the
following:

(1) Receipt of proof that the judgment has been satisfied,
either (A) by a copy of the notice required by this section
signed by the judgment creditor acknowledging satisfaction of
the judgment, or (B) by a declaration of the judgment debtor
stating that the judgment has been satisfied.

(2) Receipt of proof that the judgment debtor is complying
with a court-ordered payment schedule.

(3) Proof that the judgment debtor had insurance covering the
accident sufficient to satisfy the judgment.

(4) A deposit with the department of the amount of the
unsatisfied judgment, if the judgment debtor presents proof,
satisfactory to the department, of inability to locate the
judgment creditor.

(5) At the end of 90 days.

(f) When the suspension has been terminated under subdivision

(e), the action is final and may not be reinstituted. Whenever the
suspension is terminated, Section 14904 of the Vehicle Code shall
apply. Money deposited with the department under this section shall
be handled in the same manner as money deposited under subdivision (d)
of Section 16377 of the Vehicle Code.

(g) No public agency is liable for any injury caused by the
suspension, termination of suspension, or the failure to suspend
any person's privilege to operate a motor vehicle as authorized
by this section.

116.910. (a) Except as provided in this chapter (including, but not
limited to, Section 116.230), no fee or charge shall be collected by
any officer for any service provided under this chapter.

(b) All fees collected under this chapter shall be deposited
with the treasurer of the city and county or county in whose
jurisdiction the court is located.

(c) Six dollars ($6) of each eight dollar ($8) fee and fourteen
dollars ($14) of each sixteen dollar ($16) fee charged and
collected under subdivision (a) of Section 116.230 shall be
deposited by each county in a special account. Of the money
deposited in this account:

(1) In counties with a population of less than 4,000,000, a
minimum of 50 percent shall be used to fund the small claims
advisor service described in Section 116.940. The remainder
of these funds shall be used for court and court-related
programs. Records of these moneys shall be available for
inspection by the public on request.

(2) In counties with a population of at least 4,000,000, not
less than five hundred thousand dollars ($500,000) shall be
used to fund the small claims advisor service described in
Section 116.940. That amount shall be increased each fiscal
year by an amount equal to the percentage increase in revenues
derived from small claims court filing fees over the prior
fiscal year. The remainder of these funds shall be used for
court and court-related programs. Records of these moneys
shall be available for inspection by the public on request.

(d) This section and Section 116.940 shall not be applied in any
manner that results in a reduction of the level of services, or
the amount of funds allocated for providing the services
described in Section 116.940, that are in existence in each
county during the fiscal year 1989-90. Nothing in this section
shall preclude the county from procuring other funding, including
state court block grants, to comply with the requirements of
Section 116.940.

116.920. (a) The Judicial Council shall provide by rule for the
practice and procedure and for the forms and their use in small claims
actions. The rules and forms so adopted shall be consistent with this
chapter.

(b) The Judicial Council, in consultation with the Department of
Consumer Affairs, shall adopt rules to ensure that litigants receive
adequate notice of the availability of assistance from small claims
advisors, to prescribe other qualifications and the conduct of
advisors, to prescribe training standards for advisors and for
temporary judges hearing small claims matters, to prescribe, where
appropriate, uniform rules and procedures regarding small claims
actions and judgments, and to address other matters that are deemed
necessary and appropriate. 116.930. (a) Each small claims division
shall provide in each courtroom in which small claims actions are
heard a current copy of a publication describing small claims court
law and the procedures that are applicable in the small claims courts,
including the law and procedures that apply to the enforcement of
judgments. The Small Claims Court and Consumer Law California Judge's
Bench Book developed by the California Center for Judicial Education
and Research is illustrative of a publication that satisfies the
requirement of this subdivision.

(b) Each small claims division may formulate and distribute to
litigants and the public a manual on small claims court rules and
procedures. The manual shall explain how to complete the
necessary forms, how to determine the proper court in which
small claims actions may be filed, how to present and defend
against claims, how to appeal, how to enforce a judgment, how to
protect property that is exempt from execution, and such other
matters that the court deems necessary or desirable.

(c) If the Department of Consumer Affairs determines there are
sufficient private or public funds available in addition to the
funds available within the department's current budget, the
department, in cooperation with the Judicial Council, shall
prepare a manual or information booklet on small claims court
rules and procedures. The department shall distribute copies to
the general public and to each small claims division.

(d) If funding is available, the Judicial Council, in
cooperation with the Department of Consumer Affairs, shall
prepare and distribute to each judge who sits in a small claims
court a bench book describing all state and federal consumer
protection laws reasonably likely to apply in small claims
actions.

116.940. (a) Except as otherwise provided in this section or in rules
adopted by the Judicial Council, the characteristics of the small
claims advisory service required by Section 116.260 shall be
determined by each county in accordance with local needs and
conditions.

(b) Each advisory service shall provide the following services:

(1) Individual personal advisory services, in person or by
telephone, and by any other means reasonably calculated to
provide timely and appropriate assistance.

(2) Recorded telephone messages may be used to supplement the
individual personal advisory services, but shall not be the
sole means of providing advice available in the county.

(3) Adjacent counties may provide advisory services jointly.

(c) In any county in which the number of small claims actions
filed annually is 1,000 or less as averaged over the immediately
preceding two fiscal years, the county may elect to exempt itself
from the requirements set forth in subdivision (b). This
exemption shall be formally noticed through the adoption of a
resolution by the board of supervisors. If a county so exempts
itself, the county shall nevertheless provide the following
minimum advisory services in accordance with rules adopted by the
Judicial Council:

(1) Recorded telephone messages providing general information
relating to small claims actions filed in the county shall be
provided during regular business hours.

(2) Small claims information booklets shall be provided in
each municipal and justice court clerk's office, the county
administrator's office, other appropriate county offices, and
in any other location that is convenient to prospective small
claims litigants in the county.

(d) The advisory service shall operate in conjunction and
cooperation with the small claims division, and shall be
administered so as to avoid the existence or appearance of a
conflict of interest between the individuals providing the
advisory services and any party to a particular small claims
action or any judicial officer deciding small claims actions.

(e) Advisors may be volunteers, and shall be members of the
State Bar, law students, paralegals, or persons experienced in
resolving minor disputes, and shall be familiar with small claims
court rules and procedures. Advisors shall not appear in court as an
advocate for any party.

(f) Advisors and other court employees and volunteers have the
immunity conferred by Section 818.9 of the Government Code with
respect to advice provided under this chapter.

116.950. (a) This section shall become operative only if the
Department of Consumer Affairs determines that sufficient private or
public funds are available in addition to the funds available in the
department's current budget to cover the costs of implementing this
section.

(b) There shall be established an advisory committee,
constituted as set forth in this section, to study small claims
practice and procedure, with particular attention given to the
improvement of procedures for the enforcement of judgments.

(c) The members of the advisory committee shall serve without
compensation, but shall be reimbursed for expenses actually and
necessarily incurred by them in the performance of their duties.
The advisory committee shall report its findings and
recommendations to the Judicial Council and the Legislature.

(d) The advisory committee shall be composed as follows:

(1) The Attorney General or a representative.

(2) Two consumer representatives from consumer groups or
agencies, appointed by the Secretary of the State and Consumer
Services Agency.

(3) One representative appointed by the Speaker of the
Assembly and one representative appointed by the President pro Tempore
of the Senate.

(4) Two representatives, appointed by the Board of Governors of
the State Bar.

(5) Two representatives of the business community, appointed by
the Secretary of the Trade and Commerce Agency.

(6) Six judges of the municipal court or justice court who have
had extensive experience as judges of small claims court,
appointed by the Judicial Council.

(7) One representative appointed by the Governor.

(8) Two clerks of the court, appointed by the Judicial
Council.

(e) Staff assistance to the advisory committee shall be provided
by the Department of Consumer Affairs, with the assistance of the
Judicial Council, as needed.

124. Except as provided in Section 214 of the Family Code or any
other provision of law, the sittings of every court shall be public.

128. (a) Every court shall have the power to do all of the
following:

(1) To preserve and enforce order in its immediate presence.

(2) To enforce order in the proceedings before it, or before a
person or persons empowered to conduct a judicial investigation
under its authority.

(3) To provide for the orderly conduct of proceedings before it,
or its officers.

(4) To compel obedience to its judgments, orders, and process,
and to the orders of a judge out of court, in an action or
proceeding pending therein.

(5) To control in furtherance of justice, the conduct of its
ministerial officers, and of all other persons in any manner
connected with a judicial proceeding before it, in every matter
pertaining thereto.

(6) To compel the attendance of persons to testify in an action
or proceeding pending therein, in the cases and manner provided
in this code.

(7) To administer oaths in an action or proceeding pending
therein, and in all other cases where it may be necessary in the
exercise of its powers and duties.

(8) To amend and control its process and orders so as to make
them conform to law and justice.

(b) Notwithstanding Section 1211 or any other law, if an
order of contempt is made affecting an attorney, his or her
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 the 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.

(c) Notwithstanding Section 1211 or any other 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.

(d) Notwithstanding Section 1211 or any other law, if an order
of contempt is made affecting the victim of a sexual assault,
where the contempt consists of refusing to testify concerning
that sexual assault, 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, "sexual assault" means any act made
punishable by Section 261, 262, 264.1, 285, 286, 288, 288a, 
or 289 of the Penal Code.

(e) Notwithstanding Section 1211 or any other law, if an order
of contempt is made affecting the victim of domestic violence,
where the contempt consists of refusing to testify concerning
that domestic violence, 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, the term "domestic violence" means
"domestic violence" as defined in Section 6211 of the Family
Code.

(f) Notwithstanding Section 1211 or any other provision of law,
no order of contempt shall be made affecting a county government
or any member of its governing body acting pursuant to its
constitutional or statutory authority unless the court finds,
based on a review of evidence presented at a hearing conducted
for this purpose, that either of the following conditions exist:

(1) That the county has the resources necessary to comply
with the order of the court.

(2) That the county has the authority, without recourse to
voter approval or without incurring additional indebtedness,
to generate the additional resources necessary to comply with
the order of the court, that compliance with the order of the
court will not expose the county, any member of its governing
body, or any other county officer to liability for failure to
perform other constitutional or statutory duties, and that
compliance with the order of the court will not deprive the
county of resources necessary for its reasonable support and
maintenance.

128.5. (a) Every trial court may order a party, the party's attorney,
or both to pay any reasonable expenses, including attorney's fees,
incurred by another party as a result of bad-faith actions or
tactics that are frivolous or solely intended to cause unnecessary
delay. This section also applies to judicial arbitration proceedings
under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3.

(b) For purposes of this section:

(1) "Actions or tactics" include, but are not limited to, the
making or opposing of motions or the filing and service of a
complaint or cross-complaint. The mere filing of a complaint
without service thereof on an opposing party does not
constitute "actions or tactics" for purposes of this section.

(2) "Frivolous" means (A) totally and completely without
merit or (B) for the sole purpose of harassing an opposing
party.

(c) Expenses pursuant to this section shall not be imposed
except on notice contained in a party's moving or responding
papers; or the court's own motion, after notice and opportunity
to be heard. An order imposing expenses shall be in writing and
shall recite in detail the conduct or circumstances justifying
the order.

(d) In addition to any award pursuant to this section for
conduct described in subdivision (a), the court may assess
punitive damages against the plaintiff upon a determination by
the court that the plaintiff's action was an action maintained by
a person convicted of a felony against the person's victim, or
the victim's heirs, relatives, estate, or personal
representative, for injuries arising from the acts for which the
person was convicted of a felony, and that the plaintiff is
guilty of fraud, oppression, or malice in maintaining the action.

(e) The liability imposed by this section is in addition to any
other liability imposed by law for acts or omissions within the
purview of this section.

129. Notwithstanding any other provision of law, no copy,
reproduction, or facsimile of any kind shall be made of any
photograph, negative, or print, including instant photographs and
video tapes, of the body, or any portion of the body, of a deceased
person, taken by or for the coroner at the scene of death or in the
course of a post mortem examination or autopsy made by or caused to
be made by the coroner, except for use in a criminal action or
proceeding in this state which relates to the death of that person,
or except as a court of this state permits, by order after good
cause has been shown and after written notification of the request
for the court order has been served, at least five days before the
order is made, upon the district attorney of the county in which
the post mortem examination or autopsy has been made or caused to
be made.

This section shall not apply to the making of such a copy,
reproduction, or facsimile for use in the field of forensic pathology,
for use in medical, or scientific education or research, or for use by
any law enforcement agency in this or any other state or the United
States.

This section shall apply to any such copy, reproduction, or facsimile,
and to any such photograph, negative, or print, heretofore or
hereafter made.

131.3. Either at the time of the arrest for crime of any person over 16
years of age, or at the time of the plea or verdict of guilty,
the probation officer of the county of the jurisdiction of said
crime shall, when so directed by the court, inquire into the
antecedents, character, history, family environment and offense of
such person, and must report the same to the court and file his
report in writing in the records of said court. His report shall
contain his recommendation for or against the release of such
person on probation. If any such person shall be released on
probation and committed to the care of the probation officer, such
officer must keep a complete and accurate record in suitable books
of the history of the case in court and of the name of the
probation officer, and his acts in connection with said case; also
the age, sex, nativity, residence, education, habits of temperance,
whether married or single, and the conduct, employment and
occupation and the parents' occupation and the condition of such
person so committed to his care during the term of such probation,
and the result of such probation, which record shall be and
constitute a part of the records of the court and shall at all
times be open to the inspection of the court or any person
appointed by the court for that purpose, as well as of all
magistrates and the chief of police or other head of the police,
unless otherwise ordered by the court. The said books of record
shall be furnished by the county clerk of said county, and shall be
paid for out of the county treasury.

Five years after termination of probation in any case subject to
this section, the probation officer may destroy any records and
papers in his possession relating to such case.
The probation officer shall furnish to each person released on
probation and committed to his care, a written statement of the
terms and conditions of his probation, and shall report to the
court or judge appointing him, any violation or breach of the terms
and conditions imposed by such court on the person placed in his
care.

131.4. Any of the duties of the probation officer may be performed by
a deputy probation officer and shall be performed by him whenever
detailed to perform the same by the probation officer; and it shall
be the duty of the probation officer to see that the deputy
probation officer performs his duties.

Such probation officer and each deputy probation officer shall
have, as to the person so committed to the care of such probation
officer or deputy probation officer, the powers of a peace officer.

The probation officers and deputy probation officers appointed
under section 131.2 of this code shall serve as such probation
officers in all courts having original jurisdiction of criminal
actions in this State.

131.5. No court shall pronounce judgment upon any defendant, as to
whom the court has requested a probation report pursuant to Section 131.3,
unless a copy of the probation report has been made
available to the court, the prosecuting attorney, and the defendant
or his attorney, at least two days or, upon the request of the
defendant, five days prior to the time fixed by the court for
consideration of the report with respect to pronouncement of
judgment. Such report shall be filed with the clerk of the court
as a record in the case at the time the court considers the report.

If the defendant is not represented by an attorney, the court, upon
ordering the probation report, shall also order the probation
officer who prepares the report to discuss its contents with the
defendant.

131.6. The probation officers and deputy probation officers in all
counties of the State shall be allowed such necessary incidental
expenses incurred in the performance of their duties as required by
any law of this State, as may be authorized by a judge of the
superior court; and the same shall be a charge upon the county in
which the court appointing them has jurisdiction and shall be paid
out of the county treasury upon a warrent issued therefor by the
county auditor upon the order of said court; provided, however,
that in counties in which the probation officer is appointed by the
board of supervisors, said expenses shall be authorized by the
probation officer and claims therefor shall be audited, allowed and
paid in the same manner as other county claims.

131.7. Upon a determination that, in his or her opinion, staff and
financial resources available to him or her are insufficient to
meet his or her statutory or court-ordered responsibilities, the
probation officer shall immediately notify the presiding judge of
the superior court and the board of supervisors of the county, or
city and county, in writing. The notification shall explain which
responsibilities cannot be met and what resources are necessary in
order that statutory or court-ordered responsibilities can be
properly discharged.

133. Courts of justice may be held and judicial business
transacted on any day, except as provided in this article.

134. (a) Except as provided in subdivision c, the courts shall be
closed for the transaction of judicial business on judicial
holidays for all but the following purposes:

(1) To give, upon their request, instructions to a jury when
deliberating on their verdict.

(2) To receive a verdict or discharge a jury.

(3) For the conduct of arraignments and the exercise of the
powers of a magistrate in a criminal action, or in a
proceeding of a criminal nature.

(4) For the conduct of Saturday small claims court sessions
pursuant to the Small Claims Act set forth in Chapter 5.5 (commencing
with Section 116.110).

(b) Injunctions and writs of prohibition may be issued and
served on any day.

(c) In any superior, municipal, or justice court, one or
more departments of the court may remain open and in session
for the transaction of any business which may come before
the department in the exercise of the civil or criminal
jurisdiction of the court, or both, on a judicial holiday or
at any hours of the day or night, or both, as the judges of
the court prescribe.

(d) The fact that a court is open on a judicial holiday
shall not make that day a nonholiday for purposes of
computing the time required for the conduct of any
proceeding nor for the performance of any act. Any paper
lodged with the court at a time when the court is open
pursuant to subdivision c, shall be filed by the court on
the next day which is not a judicial holiday, if the
document meets appropriate criteria for filing.

135. Every full day designated as a holiday by Section 6700 of the
Government Code, including that Thursday of November declared by
the President to be Thanksgiving Day, is a judicial holiday, except
September 9, known as "Admission Day," and any other day appointed
by the President, but not by the Governor, for a public fast,
thanksgiving, or holiday. If a judicial holiday falls on a
Saturday or a Sunday, the Judicial Council may designate an
alternative day for observance of the holiday. Every Saturday and
the day after Thanksgiving Day is a judicial holiday. Officers and
employees of the courts shall observe only the judicial holidays
established pursuant to this section.

136. If a day appointed for the holding or sitting of a court, or
to which it is adjourned, falls on a judicial holiday, it shall be
deemed appointed for or adjourned to the next day. 139. If no
judge attends on the day appointed for the holding or sitting of a
court, or on the day to which it may have been adjourned, within
one hour after the time appointed, the sheriff, constable, marshal,
or clerk shall adjourn the same until the next day, at 10 o'clock
a.m., and if no judge attend on that day, before noon, the sheriff,
constable, marshal, or clerk shall adjourn the same until the
following day at the same hour; and so on, from day to day unless
the judge, by written order, directs it to be adjourned to some day
certain, fixed in said order, in which case it shall be so
adjourned. 153. Except as otherwise expressly provided by law,
the seal of a court need not be affixed to any proceeding therein,
or to any document, except to the following:

(a) A writ.

(b) A summons.

(c) A warrant of arrest.

165. The justices of the Supreme Court and of the courts of appeal,
or any of them, may, at chambers, grant all orders and writs which
are usually granted in the first instance upon an ex parte
application, except writs of mandamus, certiorari, and prohibition;
and may, in their discretion, hear applications to discharge such
orders and writs.

166. (a) The judge or judges of the superior, municipal and justice
courts may, in chambers, in the matters within the jurisdiction of
their respective courts:

(1) Grant all orders and writs which are usually granted in the
first instance upon an ex parte application, and hear and dispose
of those orders and writs, appoint referees, require and receive
inventories and accounts to be filed, order notice of settlement
of supplemental accounts, suspend the powers of personal
representatives, guardians, or conservators in the cases allowed
by law, appoint special administrators, grant letters of
temporary guardianship or conservatorship, approve or reject
claims, and direct the issuance from the court of all writs and
process necessary in the exercise of their powers in matters of
probate.

(2) Hear and determine all motions made pursuant to Section 657
or 663.

(3) Hear and determine all uncontested actions, proceedings,
demurrers, motions, petitions, applications, and other matters
pending before the court other than actions for dissolution of
marriage, for legal separation, or for a judgment of nullity of
the marriage, and except also applications for confirmation of
sale of real property in probate proceedings.

(4) Hear and determine motions to tax costs of enforcing a
judgment.

(5) Approve bonds and undertakings.

(b) A judge may, out of court, anywhere in the state, exercise all the
powers and perform all the functions and duties conferred upon a judge
as contradistinguished from the court, or which a judge may exercise
or perform in chambers.

167. Any act required or permitted to be performed by the clerk of
a court may be performed by a judge thereof. 170. A judge has a
duty to decide any proceeding in which he or she is not
disqualified.

170.1. (a) A judge shall be disqualified if any one or more of the
following is true:

(1) The judge has personal knowledge of disputed evidentiary
facts concerning the proceeding.

A judge shall be deemed to have personal knowledge within the
meaning of this paragraph if the judge, or the spouse of the
judge, or a person within the third degree of relationship to
either of them, or the spouse of such a person is to the
judge's knowledge likely to be a material witness in the
proceeding.

(2) The judge served as a lawyer in the proceeding, or in any
other proceeding involving the same issues he or she served as a
lawyer for any party in the present proceeding or gave advice to
any party in the present proceeding upon any matter involved in
the action or proceeding.
A judge shall be deemed to have served as a lawyer in the
proceeding if within the past two years:

(A) A party to the proceeding or an officer, director, or
trustee of a party was a client of the judge when the judge was
in the private practice of law or a client of a lawyer with whom
the judge was associated in the private practice of law; or

(B) A lawyer in the proceeding was associated in the private
practice of law with the judge.
A judge who served as a lawyer for or officer of a public agency which
is a party to the proceeding shall be deemed to have served as a
lawyer in the proceeding if he or she personally advised or in any way
represented the public agency concerning the factual or legal issues
in the proceeding.

(3) The judge has a financial interest in the subject matter in
a proceeding or in a party to the proceeding.
A judge shall be deemed to have a financial interest within the
meaning of this paragraph if:

(A) A spouse or minor child living in the household has a
financial interest; or

(B) The judge or the spouse of the judge is a fiduciary who has
a financial interest.
A judge has a duty to make reasonable efforts to inform himself or
herself about his or her personal and fiduciary interests and those of
his or her spouse and the personal financial interests of children
living in the household.

(4) The judge, or the spouse of the judge, or a person within
the third degree of relationship to either of them, or the spouse
of such a person is a party to the proceeding or an officer,
director, or trustee of a party.

(5) A lawyer or a spouse of a lawyer in the proceeding is the
spouse, former spouse, child, sibling, or parent of the judge or
the judge's spouse or if such a person is associated in the
private practice of law with a lawyer in the proceeding.

(6) For any reason (A) the judge believes his or her recusal
would further the interests of justice, (B) the judge believes
there is a substantial doubt as to his or her capacity to be
impartial, or c a person aware of the facts might reasonably
entertain a doubt that the judge would be able to be impartial.
Bias or prejudice towards a lawyer in the proceeding may be
grounds for disqualification.

(7) By reason of permanent or temporary physical impairment, the
judge is unable to properly perceive the evidence or is unable to
properly conduct the proceeding.

(b) A judge before whom a proceeding was tried or heard shall be
disqualified from participating in any appellate review of that
proceeding.

(c) At the request of a party or on its own motion an appellate
court shall consider whether in the interests of justice it
should direct that further proceedings be heard before a trial
judge other than the judge whose judgment or order was reviewed
by the appellate court.

170.2. It shall not be grounds for disqualification that the judge:

(a) Is or is not a member of a racial, ethnic, religious, sexual
or similar group and the proceeding involves the rights of such a
group.

(b) Has in any capacity expressed a view on a legal or factual
issue presented in the proceeding, except as provided in
paragraph (2) of subdivision (a) of, or subdivision (b) or c of,
Section 170.1.

(c) Has as a lawyer or public official participated in the
drafting of laws or in the effort to pass or defeat laws, the
meaning, effect or application of which is in issue in the
proceeding unless the judge believes that his or her prior
involvement was so well known as to raise a reasonable doubt in
the public mind as to his or her capacity to be impartial.

170.3. (a) (1) Whenever a judge determines himself or herself to be
disqualified, the judge shall notify the presiding judge of the
court of his or her recusal and shall not further participate in
the proceeding, except as provided in Section 170.4, unless his or
her disqualification is waived by the parties as provided in
subdivision (b).

(2) If the judge disqualifying himself or herself is the only judge
or the presiding judge of the court, the notification shall be sent
to the person having authority to assign another judge to replace
the disqualified judge.

(b) (1) A judge who determines himself or herself to be
disqualified after disclosing the basis for his or her
disqualification on the record may ask the parties and their
attorneys whether they wish to waive the disqualification, except
where the basis for disqualification is as provided in paragraph (2).
A waiver of disqualification shall recite the basis for the
disqualification, and is effective only when signed by all parties
and their attorneys and filed in the record.

(2) There shall be no waiver of disqualification where the basis
therefor is either of the following:

(A) The judge has a personal bias or prejudice concerning a
party.

(B) The judge served as an attorney in the matter in
controversy, or the judge has been a material witness concerning
it.

(3) The judge shall not seek to induce a waiver and shall
avoid any effort to discover which lawyers or parties favored
or opposed a waiver of disqualification.

(4) In the event that grounds for disqualification are first
learned of or arise after the judge has made one or more
rulings in a proceeding but before the judge has completed
judicial action in a proceeding, the judge shall, unless the
disqualification be waived, disqualify himself or herself, but
in the absence of good cause the rulings he or she has made up
to that time shall not be set aside by the judge who replaces
the disqualified judge.

(c) (1) If a judge who should disqualify himself or herself
refuses or fails to do so, any party may file with the clerk
a written verified statement objecting to the hearing or
trial before the judge and setting forth the facts
constituting the grounds for disqualification of the judge.
The statement shall be presented at the earliest practicable
opportunity after discovery of the facts constituting the
ground for disqualification. Copies of the statement shall
be served on each party or his or her attorney who has
appeared and shall be personally served on the judge alleged
to be disqualified, or on his or her clerk, provided that
the judge is present in the courthouse or in chambers.

(2) Without conceding his or her disqualification, a judge
whose impartiality has been challenged by the filing of a
written statement may request any other judge agreed upon by
the parties to sit and act in his or her place.

(3) Within 10 days after the filing or service, whichever is
later, the judge may file a consent to disqualification in which
case the judge shall notify the presiding judge or the person
authorized to appoint a replacement of his or her recusal as
provided in subdivision (a), or the judge may file a written
verified answer admitting or denying any or all of the
allegations contained in the party's statement and setting forth
any additional facts material or relevant to the question of
disqualification. The clerk shall forthwith transmit a copy of
the judge's answer to each party or his or her attorney who has
appeared in the action.

(4) A judge who fails to file a consent or answer within the
time allowed shall be deemed to have consented to his or her
disqualification and the clerk shall notify the presiding judge
or person authorized to appoint a replacement of the recusal as
provided in subdivision (a).

(5) No judge who refuses to recuse himself or herself shall pass
upon his or her own disqualification or upon the sufficiency in
law, fact, or otherwise, of the statement of disqualification
filed by a party. In every such case, the question of
disqualification shall be heard and determined by another judge
agreed upon by all the parties who have appeared or, in the event
they are unable to agree within five days of notification of the
judge's answer, by a judge selected by the chairperson of the
Judicial Council, or if the chairperson is unable to act, the
vice chairperson. The clerk shall notify the executive officer
of the Judicial Council of the need for a selection. The
selection shall be made as expeditiously as possible. No
challenge pursuant to subdivision c of Section 170.3 or
Section 170.6 may be made against the judge selected to
decide the question of disqualification.

(6) The judge deciding the question of disqualification may
decide the question on the basis of the statement of
disqualification and answer and such written arguments as the
judge requests, or the judge may set the matter for hearing as
promptly as practicable. If a hearing is ordered, the judge
shall permit the parties and the judge alleged to be disqualified
to argue the question of disqualification and shall for good
cause shown hear evidence on any disputed issue of fact. If the
judge deciding the question of disqualification determines that
the judge is disqualified, the judge hearing the question shall
notify the presiding judge or the person having authority to
appoint a replacement of the disqualified judge as provided in
subdivision (a) of Section 170.3.

(d) The determination of the question of the disqualification
of a judge is not an appealable order and may be reviewed only
by a writ of mandate from the appropriate court of appeal
sought within 10 days of notice to the parties of the decision
and only by the parties to the proceeding.

170.5. For the purposes of Sections 170 to 170.5, inclusive, the
following definitions apply:

(a) "Judge" means judges of the justice, municipal, and superior
courts, and court commissioners and referees.

(b) "Financial interest" means ownership of more than a 1
percent legal or equitable interest in a party, or a legal or
equitable interest in a party of a fair market value in excess of
one thousand five hundred dollars ($1,500), or a relationship as
director, advisor or other active participant in the affairs of a
party, except as follows:

(1) Ownership in a mutual or common investment fund that
holds securities is not a "financial interest" in those
securities unless the judge participates in the management of
the fund.

(2) An office in an educational, religious, charitable,
fraternal, or civic organization is not a "financial interest"
in securities held by the organization.

(3) The proprietary interest of a policyholder in a mutual
insurance company, or a depositor in a mutual savings
association, or a similar proprietary interest, is a
"financial interest" in the organization only if the outcome
of the proceeding could substantially affect the value of the
interest.

(c) "Officer of a public agency" does not include a Member of
the Legislature or a state or local agency official acting in a
legislative capacity.

(d) The third degree of relationship shall be calculated
according to the civil law system.

(e) "Private practice of law" includes a fee for service,
retainer, or salaried representation of private clients or public
agencies, but excludes lawyers as full-time employees of public
agencies or lawyers working exclusively for legal aid offices,
public defender offices, or similar nonprofit entities whose
clientele is by law restricted to the indigent.

(f) "Proceeding" means the action, case, cause, motion, or
special proceeding to be tried or heard by the judge.

(g) "Fiduciary" includes any executor, trustee, guardian, or
administrator.

170.6. (1) No judge, court commissioner, or referee of any superior,
municipal or justice court of the State of California shall try any
civil or criminal action or special proceeding of any kind or
character nor hear any matter therein which involves a contested
issue of law or fact when it shall be established as hereinafter
provided that the judge or court commissioner is prejudiced against
any party or attorney or the interest of any party or attorney
appearing in the action or proceeding.

(2) Any party to or any attorney appearing in any such action or
proceeding may establish this prejudice by an oral or written
motion without notice supported by affidavit or declaration under
penalty of perjury or an oral statement under oath that the judge,
court commissioner, or referee before whom the action or proceeding
is pending or to whom it is assigned is prejudiced against any such
party or attorney or the interest of the party or attorney so that
the party or attorney cannot or believes that he or she cannot have
a fair and impartial trial or hearing before the judge, court
commissioner, or referee. Where the judge, other than a judge
assigned to the case for all purposes, court commissioner, or
referee assigned to or who is scheduled to try the cause or hear
the matter is known at least 10 days before the date set for trial
or hearing, the motion shall be made at least five days before that
date. If directed to the trial of a cause where there is a master
calendar, the motion shall be made to the judge supervising the
master calendar not later than the time the cause is assigned for
trial. If directed to the trial of a cause which has been assigned
to a judge for all purposes, the motion shall be made to the
assigned judge or to the presiding judge by a party within 10 days
after notice of the all purpose assignment, or if the party has not
yet appeared in the action, then within 10 days after the
appearance. If the court in which the action is pending is
authorized to have no more than one judge and the motion claims
that the duly elected or appointed judge of that court is
prejudiced, the motion shall be made before the expiration of 30
days from the date of the first appearance in the action of the
party who is making the motion or whose attorney is making the
motion. In no event shall any judge, court commissioner, or
referee entertain the motion if it be made after the drawing of the
name of the first juror, or if there be no jury, after the making
of an opening statement by counsel for plaintiff, or if there is no
such statement, then after swearing in the first witness or the
giving of any evidence or after trial of the cause has otherwise
commenced. If the motion is directed to a hearing (other than the
trial of a cause), the motion shall be made not later than the
commencement of the hearing. In the case of trials or hearings not
herein specifically provided for, the procedure herein specified
shall be followed as nearly as may be. The fact that a judge,
court commissioner, or referee has presided at or acted in
connection with a pretrial conference or other hearing, proceeding
or motion prior to trial and not involving a determination of
contested fact issues relating to the merits shall not preclude the
later making of the motion provided for herein at the time and in
the manner hereinbefore provided.

A motion under this paragraph may be made following reversal on
appeal of a trial court's decision if the trial judge in the prior
proceeding is assigned to conduct a new trial on the matter. The
motion shall be made within 60 days after the party or the party's
attorney has been notified of the assignment.

(3) If the motion is duly presented and the affidavit or
declaration under penalty of perjury is duly filed or such oral
statement under oath is duly made, thereupon and without any
further act or proof, the judge supervising the master calendar,
if any, shall assign some other judge, court commissioner, or
referee to try the cause or hear the matter. In other cases, the
trial of the cause or the hearing of the matter shall be assigned
or transferred to another judge, court commissioner, or referee
of the court in which the trial or matter is pending or, if there
is no other judge, court commissioner, or referee of the court in
which the trial or matter is pending, the Chairman of the
Judicial Council shall assign some other judge, court
commissioner, or referee to try the cause or hear the matter as
promptly as possible. Under no circumstances shall a party or
attorney be permitted to make more than one such motion in any
one action or special proceeding pursuant to this section; and in
actions or special proceedings where there may be more than one
plaintiff or similar party or more than one defendant or similar
party appearing in the action or special proceeding, only one
motion for each side may be made in any one action or special
proceeding.

(4) Unless required for the convenience of the court or unless
good cause is shown, a continuance of the trial or hearing shall
not be granted by reason of the making of a motion under this
section. If a continuance is granted, the cause or matter shall
be continued from day to day or for other limited periods upon
the trial or other calendar and shall be reassigned or
transferred for trial or hearing as promptly as possible.

(5) Any affidavit filed pursuant to this section shall be in
substantially the following form:

(Here set forth court and cause)
State of California,               )                 PEREMPTORY
County of                             )                 ss. CHALLENGE

_______, being duly sworn, deposes and says: That he or
she is a party (or attorney for a party) to the within action (or
special proceeding). That _____ the judge, court commissioner, or
referee before whom the trial of the (or a hearing in the)
aforesaid action (or special proceeding) is pending (or to whom it is
assigned), is prejudiced against the party (or his or her attorney)
or the interest of the party (or his or her attorney) so that
affiant cannot or believes that he or she cannot have a
fair and impartial trial or hearing before the judge, court
commissioner, or referee.
__________________________

Subscribed and sworn to before me this _____ day of _______, 19__.

(Clerk or notary public or other officer administering oath)

(6) Any oral statement under oath or declaration under
penalty of perjury made pursuant to this section shall include
substantially the same contents as the affidavit above.

(7) Nothing in this section shall affect or limit the
provisions of Section 170 and Title 4, Part 2, of this code
and this section shall be construed as cumulative thereto.

(8) If any provision of this section or the application to
any person or circumstance is held invalid, that 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 declared to be severable.

170.7. Section 170.6 does not apply to a judge designated or assigned
to serve on the appellate department of a superior court in his
capacity as a judge of such department.

170.8. When there is no judge of a court qualified to hear an action
or proceeding, the clerk shall forthwith notify the Chairman of the
Judicial Council of that fact. The judge assigned by the Chairman
of the Judicial Council shall hear the action or proceeding at the
time fixed therefor or, if no time has been fixed or good cause
appears for changing the time theretofore fixed, the judge shall
fix a time for hearing in accordance with law and rules and hear
the action or proceeding at the time so fixed.

177. Every judicial officer shall have power:

_1.To preserve and enforce order in his immediate presence, and
in proceedings before him, when he is engaged in the
performance of official duty;

_2.To compel obedience to his lawful orders as provided in this
Code;

_3.To compel the attendance of persons to testify in a proceeding
before him, in the cases and manner provided in this Code;

_4.To administer oaths to persons in a proceeding pending before
him, and in all other cases where it may be necessary in the
exercise of his powers and duties.

177.5. A judicial officer shall have the power to impose reasonable
money sanctions, not to exceed fifteen hundred dollars ($1,500),
notwithstanding any other provision of law, payable to the county in
which the judicial officer is located, for any violation of a lawful
court order by a person, done without good cause or substantial
justification. This power shall not apply to advocacy of counsel
before the court. For the purposes of this section, the term "person"
includes a witness, a party, a party's attorney, or both.
Sanctions pursuant to this section shall not be imposed except on
notice contained in a party's moving or responding papers; or on the
court's own motion, after notice and opportunity to be heard. An
order imposing sanctions shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.

178. For the effectual exercise of the powers conferred by the last
section, a judicial officer may punish for contempt in the cases
provided in this Code.

179. Each of the justices of the Supreme Court and of any court of
appeal and the judges of the superior courts, shall have power in
any part of the state, and every municipal court judge and judge of
a justice court shall have power within the county or city and
county in which he is elected or appointed, to take and certify:

_1.The proof and acknowledgment of a conveyance of real property, or
of any other written instrument.

_2.The acknowledgment of satisfaction of a judgment of any court.

_3.An affidavit or deposition to be used in this state.

182. The heading to this chapter shall not be deemed to govern or
limit the scope or meaning of this chapter.

184. No proceeding in any court of justice, in an action or special
proceeding pending therein, shall be affected by a vacancy in the
office of all or any of the judges or justices thereof.

185. Every written proceeding in a Court of justice in this
State shall be in the English language, and judicial proceedings
shall be conducted, preserved, and published in no other.

186. Such abbreviations as are in common use may be used, and
numbers may be expressed by figures or numerals in the customary
manner.

187. When jurisdiction is, by the Constitution or this Code, or by
any other statute, conferred on a Court or judicial officer, all
the means necessary to carry it into effect are also given; and in
the exercise of this jurisdiction, if the course of proceeding be
not specifically pointed out by this Code or the statute, any
suitable process or mode of proceeding may be adopted which may
appear most conformable to the spirit of this Code.

190. This chapter shall be known and may be cited as the Trial
Jury Selection and Management Act.

191. The Legislature recognizes that trial by jury is a cherished
constitutional right, and that jury service is an obligation of
citizenship.
It is the policy of the State of California that all persons
selected for jury service shall be selected at random from the
population of the area served by the court; that all qualified
persons have an equal opportunity, in accordance with this
chapter, to be considered for jury service in the state and an
obligation to serve as jurors when summoned for that purpose; and
that it is the responsibility of jury commissioners to manage all
jury systems in an efficient, equitable, and cost-effective
manner, in accordance with this chapter.

192. This chapter applies to the selection of jurors, and the
formation of trial juries, for both civil and criminal cases, in
all trial courts of the state.

193. Juries are of three kinds:

(a) Grand juries established pursuant to Title 4 (commencing
with Section 888) of Part 2 of the Penal Code.

(b) Trial juries.

(c) Juries of inquest.

194. The following definitions govern the construction of this
chapter:

(a) "County" means any county or any coterminous city and
county.

(b) "Court" means the superior, municipal, and justice courts
of this state, and includes, when the context requires, any
judge of the court.

(c) "Deferred jurors" are those prospective jurors whose
request to reschedule their service to a more convenient time
is granted by the jury commissioner.

(d) "Excused jurors" are those prospective jurors who are
excused from service by the jury commissioner for valid
reasons based on statute, state or local court rules, and
policies.

(e) "Juror pool" means the group of prospective qualified
jurors appearing for assignment to trial jury panels.

(f) "Jury of inquest" is a body of persons summoned from the
citizens before the sheriff, coroner, or other ministerial
officers, to inquire of particular facts.

(g) "Master list" means a list of names randomly selected
from the source lists.

(h) "Potential juror" means any person whose name appears on
a source list.

(i) "Prospective juror" means a juror whose name appears on
the master list.

(j) "Qualified juror" means a person who meets the statutory
qualifications for jury service.

(k) "Qualified juror list" means a list of qualified jurors.

(l) "Random" means that which occurs by mere chance
indicating an unplanned sequence of selection where each
juror's name has substantially equal probability of being
selected.

(m) "Source list" means a list used as a source of potential
jurors.

(n) "Summons list" means a list of prospective or qualified
jurors who are summoned to appear or to be available for jury
service.

(o) "Trial jurors" are those jurors sworn to try and
determine by verdict a question of fact.

(p) "Trial jury" means a body of persons selected from the
citizens of the area served by the court and sworn to try and
determine by verdict a question of fact.

(q) "Trial jury panel" means a group of prospective jurors
assigned to a courtroom for the purpose of voir dire.

195. (a) In each county, there shall be one jury commissioner who
shall be appointed by, and serve at the pleasure of, a majority of
the judges of the superior court. In any county where there is a
superior court administrator or executive officer, that person
shall serve as ex officio jury commissioner. The person so
appointed shall serve as jury commissioner for all trial courts
within the county. In any municipal or justice court district in
the county, a majority of the judges may appoint the
clerk/administrator to select jurors for their court pursuant to
this chapter. In any court jurisdiction where any person other
than a court administrator or clerk/administrator is serving as
jury commissioner on the effective date of this section, that
person shall continue to so serve at the pleasure of a majority or
the judges of the appointing court.

(b) Except where the superior court administrator or executive
officer serves as ex officio jury commissioner, the jury
commissioner's salary shall be set by joint action of the board
of supervisors and a majority of the superior court judges. Any
jury commissioner may, whenever the business of court requires,
and with consent of the board of supervisors, appoint deputy jury
commissioners. Salaries and benefits of such deputies shall be
fixed in the same manner as salaries and benefits of other court
employees.

(c) The jury commissioner shall be primarily responsible for
managing the jury system under the general supervision of the
court in conformance with the purpose and scope of this act. He
or she shall have authority to establish policies and procedures
necessary to fulfill this responsibility.

196. (a) The jury commissioner or the court shall inquire as to the
qualifications of persons on the master list or source list who are
or may be summoned for jury service. The commissioner or the court
may require any person to answer, under oath, orally or in written
form, all questions as may be addressed to that person, regarding
the person's qualifications and ability to serve as a prospective
trial juror. The commissioner and his or her assistants, shall
have power to administer oaths and shall be allowed actual
traveling expenses incurred in the performance of their duties.
Such traveling expenses shall be audited, allowed, and paid out of
the general fund of the county.

(b) Response to the jury commissioner or the court concerning an
inquiry or summons may be made by any person having knowledge that
the prospective juror is unable to respond to such inquiry or
summons.

(c) Any person who fails to respond to jury commissioner or
court inquiry as instructed, may be summoned to appear before the
jury commissioner or the court to answer such inquiry, or may be
deemed to be qualified for jury service in the absence of a
response to the inquiry. Any information thus acquired by the
court or jury commissioner shall be noted in jury commissioner or
court records.

197. (a) All persons selected for jury service shall be selected at
random, from a source or sources inclusive of a representative
cross section of the population of the area served by the court.
Sources may include, in addition to other lists, customer mailing
lists, telephone directories, or utility company lists.

(b) The list of registered voters and the Department of Motor
Vehicles' list of licensed drivers and identification cardholders
resident within the area served by the court, are appropriate
source lists for selection of jurors. These two source lists, when
substantially purged of duplicate names, shall be considered
inclusive of a representative cross section of the population,
within the meaning of subdivision (a).

(c) The Department of Motor Vehicles shall furnish the jury
commissioner of each county with the current list of the names,
addresses, and other identifying information of persons residing
in the county who are age 18 years or older and who are holders
of a current driver's license or identification card issued
pursuant to Article 3 (commencing with Section 12800) of, or
Article 5 (commencing with Section 13000) of, Chapter 1 of
Division 6 of the Vehicle Code. The conditions under which these
lists shall be compiled semiannually shall be determined by the
director, consistent with any rules which may be adopted by the
Judicial Council. This service shall be provided by the
Department of Motor Vehicles pursuant to Section 1812 of the
Vehicle Code. The jury commissioner shall not disclose the
information furnished by the Department of Motor Vehicles
pursuant to this section to any person, organization, or agency.

198. (a) Random selection shall be utilized in creating master and
qualified juror lists, commencing with selection from source lists,
and continuing through selection of prospective jurors for voir
dire.

(b) The jury commissioner shall, at least once in each 12-month
period, randomly select names of prospective trial jurors from the
source list or lists, to create a master list.

(c) The master jury list shall be used by the jury commissioner,
as provided by statute and state and local court rules, for the
purpose of (1) mailing juror questionnaires and subsequent
creation of a qualified juror list, and (2) summoning prospective
jurors to respond or appear for qualification and service.

198.5. In counties where sessions of the superior court are held
in cities other than the county seat, the names for master jury
lists and qualified jury lists to serve in those cities may be
selected from the judicial district in which the city is located
and, if the judges of the court determine that it is necessary or
advisable, from a judicial district adjacent to a judicial
district in which the city is located.

199. In El Dorado County, trial jury venires for the superior court
shall be drawn from residents of the supervisorial district, or a
portion thereof, within which the court will sit for such trial and
from residents of such other immediately adjacent supervisorial
district, or portion thereof, as may be specified by local superior
court rules. Such venireman shall serve the court sitting in the
geographical portion of the county from which this section and such
court rules specify trial jury venires shall be drawn; provided
that such rules shall afford to each eligible resident of such
county an opportunity for selection as a trial jury venireman.
Such court may, in its discretion, order a countywide venire in the
interest of justice.

199.2. In Placer County prospective jurors residing in the Tahoe
Judicial District, except as otherwise provided in this section,
shall only be included in trial court venires of divisions of the
superior court located within that judicial district during the
months of November, December, January, and February. However,
each prospective juror residing in the Tahoe Judicial District
shall be given the opportunity to elect to serve on juries with
respect to trials at other locations during those months in
accordance with the rules of the superior court, which shall
afford to each eligible resident of the county an opportunity for
selection as a trial jury venireman. Additionally, nothing in
this section shall preclude the superior court, in its
discretion, from ordering a countywide venire in the interest of
justice during any time of the year.

199.3. In Nevada County, prospective jurors residing in the Truckee
Division of the Nevada County Municipal Court, except as
otherwise provided in this section, shall only be included in
trial court venires of divisions of the superior court located
within the Truckee Division of the Nevada County Municipal Court
during the months of November, December, January, and February.
However, each prospective juror residing in the Truckee Division
of the Nevada County Municipal Court shall be given the
opportunity to elect to serve on juries with respect to trials at
other locations during those months in accordance with the rules
of the superior court, which shall afford to each eligible
resident of the county an opportunity for selection as a trial
jury venireman. Additionally, nothing in this section shall
preclude the superior court, in its discretion, from ordering a
countywide venire in the interest of justice during any time of
the year.

199.5. In Santa Barbara County, trial jury venires for the superior
court shall be drawn from residents of the supervisorial district
within which the court will sit for that trial and from residents
of such other immediately adjacent supervisorial district, or
portion thereof, as may be specified by local superior court
rules. The venireman shall serve the court sitting in the
geographical portion of the county from which this section and
such court rules specify trial jury venires shall be drawn.
However, those rules shall afford to each eligible resident of
such county an opportunity for selection as a trial jury
venireman. The court may, in its discretion, order a countywide
venire in the interest of justice.

200. Except in Alameda County, when authorized by local superior
court rules, a municipal or justice court district pursuant to duly
adopted court rule may use the same juror pool as that summoned for
use in the superior court. Persons so selected for jury service in
those municipal or justice courts need not be residents of the
judicial district. In Los Angeles County, the municipal courts
shall use the same jury pool as that summoned for use in the
superior court.

201. In any county having two or more judges of the superior court,
or in any judicial district, or city and county, in which a
municipal court having two or more judges is established, a
separate trial jury panel may be drawn, summoned, and impaneled for
each judge, or any one panel may be drawn, summoned, and impaneled
by any one of the judges, for use in the trial of cases before any
of the judges, as occasion may require. In those counties or
judicial districts, when a panel of jurors is in attendance for
service before one or more of the judges, whether impaneled for
common use or not, the whole or any number of the jurors from such
panel may be required to attend and serve in the trial of cases, or
to complete a panel, or jury, before any other of the judges.

202. Mechanical, electric, or electronic equipment, which in the
opinion of the jury commissioner is satisfactory therefor, may be
used in the performance of any function specified by this chapter
for the selection and drawing of jurors.

203. (a) All persons are eligible and qualified to be prospective
trial jurors, except the following:

(1) Persons who are not citizens of the United States.

(2) Persons who are less than 18 years of age.

(3) Persons who are not domiciliaries of the State of
California, as determined pursuant to Article 2 (commencing with
Section 200) of Chapter 1 of Division 1 of the Elections Code.

(4) Persons who are not residents of the jurisdiction wherein
they are summoned to serve.

(5) Persons who have been convicted of malfeasance in office or
a felony, and whose civil rights have not been restored.

(6) Persons who are not possessed of sufficient knowledge of the
English language, provided that no person shall be deemed
incompetent solely because of the loss of sight or hearing in any
degree or other disability which impedes the person's ability to
communicate or which impairs or interferes with the person's
mobility.

(7) Persons who are serving as grand or trial jurors in any
court of this state.

(8) Persons who are the subject of conservatorship.

(b) No person shall be excluded from eligibility for jury service in
the State of California, for any reason other than those reasons
provided by this section.

204. (a) No eligible person shall be exempt from service as a trial
juror by reason of occupation, race, color, religion, sex, national
origin, or economic status, or for any other reason. No person
shall be excused from service as a trial juror except as specified
in subdivision (b).

(b) An eligible person may be excused from jury service only for
undue hardship, upon themselves or upon the public, as defined by
the Judicial Council.

205. (a) If a jury commissioner requires a person to complete a
questionnaire, the questionnaire shall ask only questions related
to juror identification, qualification, and ability to serve as a
prospective juror.

(b) Except as ordered by the court, the questionnaire referred to
in subdivision (a) shall be used solely for qualifying prospective
jurors, and for management of the jury system, and not for
assisting in the courtroom voir dire process of selecting trial
jurors for specific cases.

(c) The court may require a prospective juror to complete such
additional questionnaires as may be deemed relevant and necessary
for assisting in the voir dire process or to ascertain whether a
fair cross section of the population is represented as required
by law, if such procedures are established by local court rule.

(d) The trial judge may direct a prospective juror to complete
additional questionnaires as proposed by counsel in a particular
case to assist the voir dire process.

206. (a) Prior to discharging the jury from the case, the judge in
a criminal action shall provide the notice required by subdivision

(b) of Section 237 and shall inform the jurors that they have an
absolute right to discuss or not to discuss the deliberation or
verdict with anyone. The judge shall also inform the jurors of the
provisions set forth in subdivisions (b), c, and (d).

(b) Following the discharge of the jury in a criminal case, the
defendant, or his or her attorney or representative, or the
prosecutor, or his or her representative, may discuss the jury
deliberation or verdict with a member of the jury, provided that
the juror consents to the discussion and that the discussion
takes place at a reasonable time and place.

(c) Any unreasonable contact with a juror by the defendant, or
his or her attorney or representative, or by the prosecutor, or
his or her representative, without the juror's consent shall be
reported to the trial judge forthwith.

(d) Any violation of this section shall be considered a
violation of a lawful court order and shall be subject to
reasonable monetary sanctions in accordance with Section 177.5 of
the Code of Civil Procedure.

(e) Nothing in the section shall prohibit a peace officer from
investigating an allegation of criminal conduct.

(f) Notwithstanding Section 237, a defendant or defendant's
counsel may, following final adjudication of a criminal
proceeding, request that the court provide personal juror
information within the court's records necessary for the
defendant to communicate with jurors for the purpose of
developing issues on appeal or any other lawful purpose. This
information may include jurors' names, addresses, and telephone
numbers.
Pursuant to this subdivision, the court shall provide the information
requested to the defendant's counsel or any agent of the defendant's
counsel but may limit dissemination as provided under subdivision (d)
of Section 237.

207. (a) The jury commissioner shall maintain records regarding
selection, qualification, and assignment of prospective jurors.

(b) The jury commissioner shall maintain records providing a
clear audit trail regarding a juror's attendance, jury fees, and
mileage.

(c) All records and papers maintained or compiled by the jury
commissioner in connection with the selection or service of a
juror may be kept on an electronic or microfilm medium and such
records shall be preserved for at least three years after the
list used in their selection is prepared, or for any longer
period ordered by the court or the jury commissioner.

208. The jury commissioner shall estimate the number of prospective
jurors that may be required to serve the needs of the trial courts,
and shall summon such prospective jurors for service. Prospective
jurors shall be summoned by mailing a summons by first-class mail
or by personal service or, in urgency situations, as elsewhere
provided by law. The summons, when served by mail, shall be mailed
at least 10 days prior to the date of required appearance. Once a
prospective juror has been summoned, the date, time, or place of
appearance may be modified or further specified by the jury
commissioner, by means of written, telegraphic, telephonic, or
direct oral communication with the prospective juror.

209. Any prospective trial juror who has been summoned for service,
and who fails to attend upon the court as directed or to respond to
the court or jury commissioner and to be excused from attendance,
may be attached and compelled to attend; and, following an order to
show cause hearing, the court may find the prospective juror in
contempt of court, punishable by fine, incarceration, or both, as
otherwise provided by law.

210. The summons shall contain the date, time, and place of
appearance required of the prospective juror or, alternatively,
instructions as to the procedure for calling the jury commissioner
for telephonic instructions for appearance as well as such
additional juror information as deemed appropriate by the jury
commissioner.

211. When a court has no prospective jurors remaining available for
voir dire from panels furnished by, or available from, the jury
commissioner, and finds that not proceeding with voir dire will
place a party's right to a trial by jury in jeopardy, the court may
direct the sheriff, marshal, or constable to summon, serve, and
immediately attach the person of a sufficient number of citizens
having the qualifications of jurors, to complete the panel.

213. Unless excused by reason of undue hardship, all or any portion
of the summoned prospective jurors shall be available on one-hour
notice by telephone to appear for service, when the jury
commissioner determines that it will efficiently serve the
operational requirements of the court.
Jurors available on one-hour telephone notice shall receive credit
for each day of such availability towards their jury service
obligation, but they shall not be paid unless they are actually
required to make an appearance.

214. The jury commissioner shall provide orientation for new
jurors, which shall include necessary basic information concerning
jury service. The jury commissioner shall notify each juror of the
provisions of Section 230 of the Labor Code.

215. Unless a higher fee is provided for each day's attendance by
county or city and county ordinance, the fee for jurors in the
superior, municipal, and justice courts, in civil and criminal
cases, is five dollars ($5) a day for each day's attendance as a
juror. Unless a higher rate of mileage is otherwise provided by
statute or by county or city and county ordinance, jurors in the
superior, municipal, and justice courts shall be reimbursed for
mileage at the rate of fifteen cents ($0.15) per mile for each mile
actually traveled in attending court as a juror, in going only.

(b) In criminal cases, the board of supervisors of each county
shall make sufficient appropriations for the payment of the fees
provided for in this section.

216. (a) At each court facility where jury cases are heard, the
board of supervisors shall provide a deliberation room or rooms for
use of jurors when they have retired for deliberation.
Such deliberation rooms shall be designed to minimize unwarranted
intrusions by other persons in the court facility, shall have
suitable furnishings, equipment, and supplies, and shall also have
restroom accommodations for male and female jurors.

(b) If the board of supervisors neglects to provide the facilities
required by this section, the court may order the sheriff, marshal,
or constable to do so, and the expenses incurred in carrying the
order into effect, when certified by the court, are a county
charge.

(c) Unless authorized by the jury commissioner, jury assembly
facilities shall be restricted to use by jurors and jury
commissioner staff.

217. In criminal cases only, while the jury is kept together,
either during the progress of the trial or after their retirement
for deliberation, the court may direct the sheriff, marshal, or
constable to provide the jury with suitable and sufficient food and
lodging, or other reasonable necessities. In the superior,
municipal, and justice courts, the expenses incurred under the
provisions of this section shall be charged against the county or
city and county in which the court is held. All such expenses
shall be paid on the order of the court.

218. The jury commissioner shall hear the excuses of jurors
summoned, in accordance with the standards prescribed by the
Judicial Council. It shall be left to the discretion of the jury
commissioner to accept an excuse under subdivision (b) of Section 204
without a personal appearance. All excuses shall be in writing
setting forth the basis of the request and shall be signed by the
juror.

219. The jury commissioner shall randomly select jurors for jury
panels to be sent to courtrooms for voir dire. However, no peace
officer, as defined in Section 830.1 and subdivision (a) of
Section 830.2 of the Penal Code, shall be selected for voir dire .

220. A trial jury shall consist of 12 persons, except that in civil
actions and cases of misdemeanor, it may consist of 12 or any
number less than 12, upon which the parties may agree.

221. (a) A trial jury in civil actions in municipal and justice
courts may consist of eight persons in the County of Los Angeles,
pursuant to rules adopted by the Judicial Council, as an
experimental project operative until July 1, 1989.

(b) The Judicial Council shall appoint an advisory committee which
shall include at least one judge of each court or courts in which
the project will take place, one court administrator from that
court or courts, or his or her designee, and one member of the Los
Angeles County Bar Association, Trial Lawyers Section, who
practices in the municipal or justice courts, to make
recommendations regarding the design of the eight-person jury
experiment. The Judicial Council shall adopt rules for the
implementation of the project, including rules governing the
assignment of cases to eight person juries during the experimental
period, and establish procedures for the collection and evaluation
of data.

(c) The Judicial Council shall report to the Legislature no
later than January 1, 1990, comparing the performance of eight
and 12 person juries. The comparison shall include, but not be
limited to, the following factors:

(1) Cross-sectional representation of the community.

(2) Numbers of verdicts favoring plaintiffs or defendants,
and size of awards.

(3) Accuracy, consistency, and reliability of awards.

(4) Time required for impanelment, trial, and deliberations.

(5) Public and private costs of the jury.

(d) Notwithstanding the provisions of Section 206, the project
courts shall collect and provide to the Judicial Council the data
required for a proper evaluation of the experiment. Any bona
fide researcher or research organization shall be permitted
access to any data regarding the conduct or evaluation of the
pilot project.

222. (a) Except as provided in subdivision (b), when an action is
called for trial by jury, the clerk, or the judge where there is no
clerk, shall randomly select the names of the jurors for voir dire,
until the jury is selected or the panel is exhausted.

(b) When the jury commissioner has provided the court with a
listing of the trial jury panel in random order, the court shall
seat prospective jurors for voir dire in the order provided by the
panel list.

222.5. To select a fair and impartial jury in civil jury trials,
the trial judge shall examine the prospective jurors. Upon
completion of the judge's initial examination, counsel for each
party shall have the right to examine, by oral and direct
questioning, any of the prospective jurors in order to enable
counsel to intelligently exercise both peremptory challenges and
challenges for cause. During any examination conducted by
counsel for the parties, the trial judge should permit liberal
and probing examination calculated to discover bias or prejudice
with regard to the circumstances of the particular case. The
fact that a topic has been included in the judge's examination
should not preclude additional nonrepetitive or nonduplicative
questioning in the same area by counsel.

The scope of the examination conducted by counsel shall be within
reasonable limits prescribed by the trial judge in the judge's
sound discretion. In exercising his or her sound discretion as
to the form and subject matter of voir dire questions, the trial
judge should consider, among other criteria, any unique or
complex elements, legal or factual, in the case and the
individual responses or conduct of jurors which may evince
attitudes inconsistent with suitability to serve as a fair and
impartial juror in the particular case. Specific unreasonable or
arbitrary time limits shall not be imposed.

The trial judge should permit counsel to conduct voir dire
examination without requiring prior submission of the questions
unless a particular counsel engages in improper questioning. For
purposes of this section, an "improper question" is any question
which, as its dominant purpose, attempts to precondition the
prospective jurors to a particular result, indoctrinate the jury,
or question the prospective jurors concerning the pleadings or
the applicable law. A court should not arbitrarily or
unreasonably refuse to submit reasonable written questionnaires,
the contents of which are determined by the court in its sound
discretion, when requested by counsel.
In civil cases, the court may, upon stipulation by counsel for
all the parties appearing in the action, permit counsel to
examine the prospective jurors outside a judge's presence.

223. In a criminal case, the court shall conduct the examination of
prospective jurors. However, the court may permit the parties,
upon a showing of good cause, to supplement the examination by such
further inquiry as it deems proper, or shall itself submit to the
prospective jurors upon such a showing, such additional questions
by the parties as it deems proper. Voir dire of any prospective
jurors shall, where practicable, occur in the presence of the other
jurors in all criminal cases, including death penalty cases.

Examination of prospective jurors shall be conducted only in aid of
the exercise of challenges for cause.

The trial court's exercise of its discretion in the manner in which
voir dire is conducted shall not cause any conviction to be
reversed unless the exercise of that discretion has resulted in a
miscarriage of justice, as specified in Section 13 of Article VI of
the California Constitution.

224. (a) If a party does not cause the removal by challenge of an
individual juror who is deaf, hearing impaired, blind, visually
impaired, or speech impaired and who requires auxiliary services to
facilitate communication, the party shall (1) stipulate to the
presence of a service provider in the jury room during jury
deliberations, and (2) prepare and deliver to the court proposed
jury instructions to the service provider.

(b) As used in this section, "service provider" includes, but is
not limited to, a person who is a sign language interpreter, oral
interpreter, deaf-blind interpreter, reader, or speech
interpreter. If auxiliary services are required during the
course of jury deliberations, the court shall instruct the jury
and the service provider that the service provider for the juror
with a disability is not to participate in the jury's
deliberations in any manner except to facilitate communication
between the juror with a disability and other jurors.

(c) The court shall appoint a service provider whose services
are needed by a juror with a disability to facilitate
communication or participation. A sign language interpreter,
oral interpreter, or deaf-blind interpreter appointed pursuant to
this section shall be a qualified interpreter, as defined in
subdivision (f) of Section 754 of the Evidence Code. Service
providers appointed by the court under this subdivision shall be
compensated in the same manner as provided in subdivision (i) of
Section 754 of the Evidence Code.

225. A challenge is an objection made to the trial jurors that may
be taken by any party to the action, and is of the following
classes and types:

(a) A challenge to the trial jury panel for cause.

(1) A challenge to the panel may only be taken before a trial
jury is sworn. The challenge shall be reduced to writing, and
shall plainly and distinctly state the facts constituting the
ground of challenge.

(2) Reasonable notice of the challenge to the jury panel
shall be given to all parties and to the jury commissioner, by
service of a copy thereof.

(3) The jury commissioner shall be permitted the services of
legal counsel in connection with challenges to the jury panel.

(b) A challenge to a prospective juror by either:

(1) A challenge for cause, for one of the following reasons:

(A) General disqualification that the juror is disqualified
from serving in the action on trial.

(B) Implied bias as, when the existence of the facts as
ascertained, in judgment of law disqualifies the juror.

(C) Actual bias the existence of a state of mind on the
part of the juror in reference to the case, or to any of
the parties, which will prevent the juror from acting with
entire impartiality, and without prejudice to the
substantial rights of any party.

(2) A peremptory challenge to a prospective juror.

226. (a) A challenge to an individual juror may only be made before
the jury is sworn.

(b) A challenge to an individual juror may be taken orally or
may be made in writing, but no reason need be given for a
peremptory challenge, and the court shall exclude any juror
challenged peremptorily.

(c) All challenges for cause shall be exercised before any
peremptory challenges may be exercised.

(d) All challenges to an individual juror, except a peremptory
challenge, shall be taken, first by the defendants, and then by
the people or plaintiffs.

227. The challenges of either party for cause need not all be taken
at once, but they may be taken separately, in the following order,
including in each challenge all the causes of challenge belonging
to the same class and type:

(a) To the panel.

(b) To an individual juror, for a general disqualification.

(c) To an individual juror, for an implied bias.

(d) To an individual juror, for an actual bias.

228. Challenges for general disqualification may be taken on one or
both of the following grounds, and for no other:

(a) A want of any of the qualifications prescribed by this code
to render a person competent as a juror.

(b) A loss of hearing, or the existence of any other incapacity
which satisfies the court that the challenged person is incapable
of performing the duties of a juror in the particular action
without prejudice to the substantial rights of the challenging
party.

229. A challenge for implied bias may be taken for one or more of
the following causes, and for no other:

(a) Consanguinity or affinity within the fourth degree to any
party, to an officer of a corporation which is a party, or to any
alleged witness or victim in the case at bar.

(b) Standing in the relation of, or being the parent, spouse, or
child of one who stands in the relation of, guardian and ward,
conservator and conservatee, master and servant, employer and
clerk, landlord and tenant, principal and agent, or debtor and
creditor, to either party or to an officer of a corporation which
is a party, or being a member of the family of either party; or a
partner in business with either party; or surety on any bond or
obligation for either party, or being the holder of bonds or
shares of capital stock of a corporation which is a party; or
having stood within one year previous to the filing of the
complaint in the action in the relation of attorney and client
with either party or with the attorney for either party. A
depositor of a bank or a holder of a savings account in a savings
and loan association shall not be deemed a creditor of that bank
or savings and loan association for the purpose of this paragraph
solely by reason of his or her being a depositor or account
holder.

(c) Having served as a trial or grand juror or on a jury of
inquest in a civil or criminal action or been a witness on a
previous or pending trial between the same parties, or involving
the same specific offense or cause of action; or having served as
a trial or grand juror or on a jury within one year previously in
any criminal or civil action or proceeding in which either party
was the plaintiff or defendant or in a criminal action where
either party was the defendant.

(d) Interest on the part of the juror in the event of the
action, or in the main question involved in the action, except
his or her interest as a member or citizen or taxpayer of a
county, city and county, incorporated city or town, or other
political subdivision of a county, or municipal water district.

(e) Having an unqualified opinion or belief as to the merits of
the action founded upon knowledge of its material facts or of
some of them.

(f) The existence of a state of mind in the juror evincing
enmity against, or bias towards, either party.

(g) That the juror is party to an action pending in the court
for which he or she is drawn and which action is set for trial
before the panel of which the juror is a member.

(h) If the offense charged is punishable with death, the
entertaining of such conscientious opinions as would preclude the
juror finding the defendant guilty; in which case the juror may
neither be permitted nor compelled to serve.

230. Challenges for cause shall be tried by the court. The juror
challenged and any other person may be examined as a witness in the
trial of the challenge, and shall truthfully answer all questions
propounded to them.

231. (a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges. Except as provided in subdivision (b), in a trial for
any other offense, the defendant is entitled to 10 and the state
to 10 peremptory challenges. When two or more defendants are jointly
tried, their challenges shall be exercised jointly, but each
defendant shall also be entitled to five additional challenges
which may be exercised separately, and the people shall also be
entitled to additional challenges equal to the number of all the
additional separate challenges allowed the defendants.

(b) If the offense charged is punishable with a maximum term of
imprisonment of 90 days or less, the defendant is entitled to six
and the state to six peremptory challenges. When two or more
defendants are jointly tried, their challenges shall be exercised
jointly, but each defendant shall also be entitled to four
additional challenges which may be exercised separately, and the
state shall also be entitled to additional challenges equal to the
number of all the additional separate challenges allowed the
defendants.

(c) In civil cases, each party shall be entitled to six
peremptory challenges. If there are more than two parties, the
court shall, for the purpose of allotting peremptory challenges,
divide the parties into two or more sides according to their
respective interests in the issues. Each side shall be entitled
to eight peremptory challenges. If there are several parties on
a side, the court shall divide the challenges among them as
nearly equally as possible. If there are more than two sides,
the court shall grant such additional peremptory challenges to a
side as the interests of justice may require; provided that the
peremptory challenges of one side shall not exceed the aggregate
number of peremptory challenges of all other sides. If any party
on a side does not use his or her full share of peremptory
challenges, the unused challenges may be used by the other party
or parties on the same side.

(d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people; and each
party shall be entitled to have the panel full before exercising
any peremptory challenge. When each side passes consecutively,
the jury shall then be sworn, unless the court, for good cause,
shall otherwise order. The number of peremptory challenges
remaining with a side shall not be diminished by any passing of a
peremptory challenge.

(e) If all the parties on both sides pass consecutively, the
jury shall then be sworn, unless the court, for good cause, shall
otherwise order. The number of peremptory challenges remaining
with a side shall not be diminished by any passing of a
peremptory challenge.

232. (a) Prior to the examination of prospective trial jurors in
the panel assigned for voir dire, the following perjury
acknowledgement and agreement shall be obtained from the panel,
which shall be acknowledged by the prospective jurors with the
statement "I do":
"Do you, and each of you, understand and agree that you will
accurately and truthfully answer, under penalty of perjury, all
questions propounded to you concerning your qualifications and
competency to serve as a trial juror in the matter pending before
this court; and that failure to do so may subject you to criminal
prosecution."

(b) As soon as the selection of the trial jury is completed, the
following acknowledgment and agreement shall be obtained from the
trial jurors, which shall be acknowledged by the statement "I do":

"Do you and each of you understand and agree that you will well and
truly try the cause now pending before this court, and a true
verdict render according only to the evidence presented to you and
to the instructions of the court."

233. If, before the jury has returned its verdict to the court, a
juror becomes sick or, upon other good cause shown to the court, is
found to be unable to perform his or her duty, the court may order
the juror to be discharged. If any alternate jurors have been
selected as provided by law, one of them shall then be designated
by the court to take the place of the juror so discharged. If
after all alternate jurors have been made regular jurors or if
there is no alternate juror, a juror becomes sick or otherwise
unable to perform the juror's duty and has been discharged by the
court as provided in this section, the jury shall be discharged and
a new jury then or afterwards impaneled, and the cause may again be
tried. Alternatively, with the consent of all parties, the trial
may proceed with only the remaining jurors, or another juror may be
sworn and the trial begin anew.

234. Whenever, in the opinion of a judge of a superior, municipal,
or justice court about to try a civil or criminal action or
proceeding, the trial is likely to be a protracted one, or upon
stipulation of the parties, the court may cause an entry to that
effect to be made in the minutes of the court and thereupon,
immediately after the jury is impaneled and sworn, the court may
direct the calling of one or more additional jurors, in its
discretion, to be known as "alternate jurors."

These alternate jurors shall be drawn from the same source, and in
the same manner, and have the same qualifications, as the jurors
already sworn, and shall be subject to the same examination and
challenges. However, each side, or each defendant, as provided in
Section 231, shall be entitled to as many peremptory challenges to
the alternate jurors as there are alternate jurors called.

The alternate jurors shall be seated so as to have equal power and
facilities for seeing and hearing the proceedings in the case, and
shall take the same oath as the jurors already selected, and shall,
unless excused by the court, attend at all times upon the trial of
the cause in company with the other jurors, but shall not
participate in deliberation unless ordered by the court, and for a
failure to do so are liable to be punished for contempt.

They shall obey the orders of and be bound by the admonition of the
court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff,
marshal, or constable during the trial of the cause, the alternate
jurors shall also be kept in confinement with the other jurors; and
upon final submission of the case to the jury, the alternate jurors
shall be kept in the custody of the sheriff, marshal, or constable
who shall not suffer any communication to be made to them except by
order of the court, and shall not be discharged until the original
jurors are discharged, except as provided in this section.

If at any time, whether before or after the final submission of the
case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his or
her duty, or if a juror requests a discharge and good cause appears
therefor, the court may order the juror to be discharged and draw
the name of an alternate, who shall then take his or her place in
the jury box, and be subject to the same rules and regulations as
though he or she has been selected as one of the original jurors.

All laws relative to fees, expenses, and mileage or transportation
of jurors shall be applicable to alternate jurors, except that in
civil cases the sums for fees and mileage or transportation need
not be deposited until the judge directs alternate jurors to be
impaneled.

235. At the request of the sheriff, coroner, or other ministerial
officer, the jury commissioner shall provide such prospective
jurors as may be required to form a jury of inquest.

Prospective jurors so provided shall be selected, obligated, and
compensated in the same manner as other jurors selected under the
provisions of this chapter.

236. When six or more prospective jurors of inquest attend, they
shall be sworn by the coroner to inquire who the person was, and
when, where, and by what means the person came to his or her death,
to inquire into the circumstances attending the death, and to
render a true verdict thereon, according to the evidence offered
them or arising from the inspection of the body.

237. (a) The names of qualified jurors drawn from the qualified
juror list for the superior court shall be made available to the
public upon request unless the court determines, pursuant to
subdivision (b), that a compelling governmental interest requires
that this information should be kept confidential or its use
limited in whole or in part.

(b) At the conclusion of a criminal jury proceeding, the court
may, upon a juror's request, motion of counsel, or on its own
motion, order that all or part of the court's record of personal
juror identifying information be conditionally sealed upon
finding that a compelling governmental interest warrants this
action. Prior to discharging the jury from the case, the judge
in a criminal action shall notify the jurors of the right of any
juror to request sealing of personal juror identifying
information pursuant to this section. For purposes of this
section, "compelling governmental interest" includes, but is not
limited to, protecting jurors from physical harm or the threat of
physical harm.

(c) Any person may petition the court for access to these
records and, in the absence of an express finding of continuing
risk, the records shall be made available. The court shall
provide notice of the petition and the time and place of the
hearing thereon at least 10 days prior to the date of the hearing
to each affected former juror by personal service or by first-
class mail, addressed to the last known address of the former
juror as shown in the records of the court. Any affected former
juror may appear in person or by counsel to protest the granting
of the petition. A former juror who wishes to appear at the
hearing to oppose the unsealing of the personal juror identifying
information may request the court to close the hearing in order
to protect the former juror's anonymity.

(d) The court may limit access to records sealed under
subdivision (b) to the defendant, the defendant's counsel, or the
defendant's investigator for the purpose of developing issues of
appeal or for any other lawful purpose. The court may require
agreement that the defendant, defendant's counsel, or defendant's
investigator not divulge jurors' identities or identifying
information to others.

(e) Any court employee who has legal access to juror information
sealed under subdivision (b), who knowingly and in violation of a
court order issued pursuant to subdivision (b) or (d), discloses
the information shall be guilty of a misdemeanor.

(f) Any person who intentionally solicits another to unlawfully
access or disclose juror information contained in records sealed
under subdivision (b), knowing that the records have been sealed,
or who knowing that the information was unlawfully secured,
intentionally discloses it to another person shall be guilty of a
misdemeanor.

259. Subject to the supervision of the court every court commissioner
shall have power to do all of the following:

(a) Hear and determine ex parte motions, for orders and
alternative writs and writs of habeas corpus in the superior
court for which the court commissioner is appointed.

(b) Take proof and make and report findings thereon as to any
matter of fact upon which information is required by the court.
Any party to any contested proceeding may except to the report
and the subsequent order of the court made thereon within five
days after written notice of the court's action. A copy of the
exceptions shall be filed and served upon opposing party or
counsel within the five days. The party may argue any exceptions
before the court on giving notice of motion for that purpose
within 10 days from entry thereof. After a hearing before the
court on the exceptions, the court may sustain, or set aside, or
modify its order.

(c) Take and approve any bonds and undertakings in actions or
proceedings, and determine objections to the bonds and
undertakings.

(d) Administer oaths and affirmations, and take affidavits and
depositions in any action or proceeding in any of the courts of
this state, or in any matter or proceeding whatever, and take
acknowledgments and proof of deeds, mortgages, and other
instruments requiring proof or acknowledgment for any purpose
under the laws of this or any other state or country.

(e) Act as temporary judge when otherwise qualified so to act
and when appointed for that purpose, or by written consent of an
appearing party. While acting as temporary judge the
commissioner shall receive no compensation therefor other than
compensation as commissioner.

(f) Hear and report findings and conclusions to the court for
approval, rejection, or change, all preliminary matters including
motions or petitions for the custody and support of children, the
allowance of temporary spousal support, costs and attorneys'
fees, and issues of fact in contempt proceedings in proceedings
for support, dissolution of marriage, nullity of marriage, or
legal separation.

(g) Hear, report on, and determine all uncontested actions and
proceedings subject to the requirements of subdivision (e).

(h) Charge and collect the same fees for the performance of
official acts as are allowed by law to notaries public in this
state for like services. This subdivision does not apply to any
services of the commissioner, the compensation for which is
expressly fixed by law. The fees so collected shall be paid to
the treasurer of the county, for deposit in the general fund of
the county.

(i) Provide an official seal, upon which must be engraved the
words "Court Commissioner" and the name of the county, or city
and county, in which the commissioner resides.

(j) Authenticate with the official seal the commissioner's
official acts.

262. No direction or authority by a party or his attorney to a
sheriff, in respect to the execution of process or return thereof, or
to any act or omission relating thereto, is available to discharge or
excuse the sheriff from a liability for neglect or misconduct, unless
it is contained in a writing, signed by the attorney of the party, or
by the party, if he has no attorney.

262.1. A sheriff or other ministerial officer is justified in the
execution of, and shall execute, all process and orders regular on
their face and issued by competent authority, whatever may be the
defect in the proceedings upon which they were issued.

262.10.Whenever process is executed, or any act performed by a
coroner or elisor, he shall receive a reasonable compensation, to
be fixed by the court, to be paid by the plaintiff in case of the
summoning of jurors to complete the panel, and by the person or
party requiring the service in all other cases in private action.
If rendered at the instance of the people, it shall be audited
and paid as a county charge.

262.11.In all cases where new counties have been or may hereafter
be created, and executions, orders of sale upon foreclosures of
mortgages, or other process affecting specific real estate have
been or may hereafter be adjudged by the final judgment or decree
of a court of competent jurisdiction, to be executed by the
sheriff of the county in which such real estate was originally
situated, such process may be executed by the sheriff of the new
county in which such real estate is found to be situated, with
the like effect as if he were the sheriff of the county
designated in the judgment, decree, or order of sale to execute
the same.

262.2. Except as otherwise provided, the officer executing process
shall, so long as he retains the original process, show it to any
person interested therein upon request. He shall show it, with all
papers attached, at his office whenever the office is open for
business.

262.3. When any process remains with the sheriff unexecuted, in whole
or in part, at the time of his death, resignation of office, or at
the expiration of his term of office, such process shall be
executed by his successor or successors in office.

262.4. When the sheriff sells real estate, under and by virtue of an
execution or order of court, he or his successors in office shall
execute and deliver to the purchaser or purchasers all such deeds
and conveyances as are required by law and necessary for the
purpose, and such deeds and conveyances shall be as valid in law as
if they had been executed by the sheriff who made the sale.

262.5. Service of a paper, other than process, upon the sheriff may
be made by delivering it to him or to one of his deputies, or to a
person in charge of the office during office hours, or, if no such
person is there, by leaving it in a conspicuous place in the
office.

262.6. When the sheriff is a party to an action or proceeding, the
process and orders therein, which it would otherwise be the duty of
the sheriff to execute, shall be executed by the coroner of the
county.

262.7. When any action is begun against the sheriff, all process and
orders may be served by any person, a citizen of the United States
over the age of 18 years, in the manner provided in this code.

262.8. Process or orders in an action or proceeding may be executed
by a person residing in the county, designated by the court, or the
judge thereof, and denominated an elisor, in the following cases:

(a) When the sheriff and coroner are both parties.

(b) When either of these officers is a party, and the process is
against the other.

(c) When either of these officers is a party, and there is a
vacancy in the office of the other, or where it appears, by
affidavit, to the satisfaction of the court in which the
proceeding is pending, or the judge thereof, that both of these
officers are disqualified, or by reason of any bias, prejudice,
or other cause would not act promptly or impartially.

262.9. When process is delivered to an elisor, he shall execute and
return it in the same manner as the sheriff is required to execute
similar process.

269. (a) The official reporter of a superior court, or any of them,
where there are two or more, shall, at the request of either party,
or of the court in a civil action or proceeding, and on the order
of the court, the district attorney, or the attorney for the
defendant in a criminal action or proceeding, take down in
shorthand all testimony, objections made, rulings of the court,
exceptions taken, all arraignments, pleas, and sentences of
defendants in criminal cases, arguments of the prosecuting attorney
to the jury, and all statements and remarks made and oral
instructions given by the judge. If directed by the court, or
requested by either party, the official reporter shall, within such
reasonable time after the trial of the case as the court may
designate, write the transcripts out, or the specific portions
thereof as may be requested, in plain and legible longhand, or by
typewriter, or other printing machine, and certify that the
transcripts were correctly reported and transcribed, and when
directed by the court, file the transcripts with the clerk of the
court.

(b) In any case where a defendant is convicted of a felony,
after a trial on the merits, the record on appeal shall be
prepared immediately after the verdict or finding of guilt is
announced unless the court determines that it is likely that
no appeal from the decision will be made. The court's
determination of a likelihood of appeal shall be based upon
standards and rules adopted by the Judicial Council.

(c) Any court, party, or person may request delivery of any
transcript in a computer-readable form, except that an
original transcript shall be on paper. A copy of the original
transcript ordered within 120 days of the filing or delivery
of the transcript by the official reporter shall be delivered
in computer-readable form upon request if the proceedings were
produced utilizing computer-aided transcription equipment.
Except as modified by standards adopted by the Judicial
Council, the computer-readable transcript shall be on disks in
standard ASCII code unless otherwise agreed by the reporter
and the court, party, or person requesting the transcript.

Each disk shall be labeled with the case name and court
number, the dates of proceedings contained on the disk, and
the page and volume numbers of the data contained on the disk.

Each disk as produced by the court reporter shall contain the
identical volume divisions, pagination, line numbering, and
text of the certified original paper transcript or any portion
thereof. Each disk shall be sequentially numbered within the
series of disks.

270. (a) Notwithstanding Section 269 or any other provision of law,
the Judicial Council shall establish a demonstration project to
assess the costs, benefits, and acceptability of utilizing audio
and video recording as a means of producing a verbatim record of
proceedings in up to 75 superior court departments.

The Judicial Council shall select the counties to participate in the
project, but shall include in its selection the Counties of Alameda,
Los Angeles, Orange, Sacramento, San Mateo, Santa Cruz, and Solano.
In each county, the project shall only commence after the board of
supervisors adopts a resolution finding that there are sufficient
funds for the project, and the superior court adopts local rules for
implementation of the project. The demonstration project in each
county shall terminate on January 1, 1994.

(b) In courtrooms operating under the demonstration project, audio or
video recording may be used in lieu of the verbatim record prepared by
a court reporter except in any criminal or juvenile proceedings.

(c) The Judicial Council shall adopt the following: (1)
specifications for audio and video recording equipment; (2) rules
for courtroom monitoring of audio and video recording; (3)
standards for the training of personnel and maintenance of
equipment for audio and video recording; and (4) rules for
certification of transcripts produced by means of audio and video
recording.

(d) An audio or video recording or transcript produced therefrom
when certified as being an accurate recording, video taping, or
transcript of the testimony and proceedings in a case, is prima
facie evidence of that testimony and those proceedings.

(e) A transcript of a proceeding in a court of the demonstration
project shall be provided by the court to a party in the same
manner and form and at the same cost as a transcript prepared and
delivered by an official court reporter. If a portion of a
video or audio recording fails or is unable to be understood, a
transcript of such portion of the proceeding shall designate such
condition as "inaudible" and "unintelligible," respectively.

(f) No presently employed court reporter shall have his or her
hours of employment reduced as a result of the demonstration
project nor shall be required to prepare a transcript of a
proceeding in a court of the demonstration project.

(g) The Judicial Council shall report to the Legislature on or
before January 1, 1992, and thereafter as the Legislature may
require, as to the costs, benefits, and acceptability of such
audio or video recording as a method of keeping the verbatim
court record.

(h) The Joint Rules Committee shall appoint an advisory
committee consisting of two certified shorthand reporters, one
person skilled in courtroom audio recording, one person skilled
in courtroom video recording, two judges experienced in trial
work, one court administrator, and two attorneys experienced in
trial work to evaluate the demonstration project, and it shall
report its findings and recommendations, including minority
views, if any, to the Legislature at the same times as the
Judicial Council reports pursuant to subdivision (g). The
advisory committee shall be afforded access to all material
relating to the conduct and operation of the demonstration
project, including, but not limited to, copies of audio and video
tapes, logs thereof, transcripts, transcript requests, and the
identity of any vendor and consultants involved in the
demonstration project.

273. The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when transcribed and
certified as being a correct transcript of the testimony and
proceedings in the case, is prima facie evidence of such testimony and
proceedings.

274a. Judges of the superior court may have any opinion given or
rendered by such judge in the trial of any action or proceeding,
pending in such court, or any necessary order, petition, citation,
commitment or judgment in any probate proceeding, proceeding
concerning new or additional bonds of county officials or juvenile
court proceeding, or necessary order, petition, citation, commitment,
or oral testimony or judgment in any insanity proceeding or
proceedings relative to an alleged feebleminded person, or the
testimony or judgment relating to the custody or support of minor
children in any proceeding in which the custody or support of minor
children is involved, taken down in shorthand and transcribed together
with such copies as the court may deem necessary by the official
reporter of such court, but if there be no official reporter for such
court, then by any competent stenographer; the cost thereof shall be a
legal charge against the county, payable out of the county treasury,
except the fee for reporting and transcribing in any civil action or
proceeding or in any probate proceeding, in the manner set forth in
Sections 69947 to 69953, inclusive, of the Government Code.

274c. Official reporters of a municipal or justice court, or any one
of them, must, at the request of either party or of the court in a
civil proceeding, or on the order of the court in a criminal action or
proceeding, take down in shorthand all the testimony, the objections
made, the rulings of the court, the exceptions taken, all
arraignments, pleas and sentences of defendants in criminal cases, the
arguments of the prosecuting attorney to the jury, and all statements
and remarks made and oral instructions given by the judge; and if
directed by the court, or requested by either party, must, within such
reasonable time after the trial of such case as the court may
designate, write out the same, or such specific portions thereof as
may be requested, in plain and legible longhand, or by typewriter, or
other printing machine, and certify to the same as being correctly
reported and transcribed, and when directed by the court, file the
same with the clerk of the court.

283. An attorney and counselor shall have authority:

_1.To bind his client in any of the steps of an action or proceeding
by his agreement filed with the Clerk, or entered upon the
minutes of the Court, and not otherwise;

_2.To receive money claimed by his client in an action or proceeding
during the pendency thereof, or after judgment, unless a
revocation of his authority is filed, and upon the payment
thereof, and not otherwise, to discharge the claim or acknowledge
satisfaction of the judgment.

284. The attorney in an action or special proceeding may be changed
at any time before or after judgment or final determination, as
follows:

_1.Upon the consent of both client and attorney, filed with the
clerk, or entered upon the minutes;

_2.Upon the order of the court, upon the application of either
client or attorney, after notice from one to the other.

285. When an attorney is changed, as provided in the last section,
written notice of the change and of the substitution of a new
attorney, or of the appearance of the party in person, must be
given to the adverse party. Until then he must recognize the
former attorney.

285.1. An attorney of record for any party in any civil action or
proceeding for dissolution of marriage, legal separation, or for
a declaration of void or voidable marriage, or for the support,
maintenance or custody of minor children may withdraw at any time
subsequent to the time when any judgment in such action or
proceeding, other than an interlocutory judgment, becomes final,
and prior to service upon him of pleadings or motion papers in
any proceeding then pending in said cause, by filing a notice of
withdrawal. Such notice shall state (a) date of entry of final
decree or judgment, (b) the last known address of such party, c
that such attorney withdraws as attorney for such party. A copy
of such notice shall be mailed to such party at his last known
address and shall be served upon the adverse party.

285.2. If a reduction in public funding for legal service
materially impairs a legal service agency attorney's ability to
represent an indigent client, the court, on its own motion or on
the motion of either the client or attorney, shall permit the
withdrawal of such attorney upon a showing that all of the
following apply:

(a) There are not adequate public funds to continue the
effective representation of the indigent client.

(b) A good faith effort was made to find alternate
representation for such client.

(c) All reasonable steps to reduce the legal prejudice to the
client have been taken.

A showing of indigency of the client, in and of itself, will not be
deemed sufficient cause to deny the application for withdrawal.

285.3. The court, upon the granting of a motion for withdrawal
pursuant to Section 285.2, may toll the running of any statute of
limitations, filing requirement, statute providing for mandatory
dismissal, notice of appeal, or discovery requirement, for a period
not to exceed 90 days, on the court's own motion or on motion of
any party or attorney, when the court finds that tolling is
required to avoid legal prejudice caused by the withdrawal of the
legal service agency attorney.

285.4. The court, upon the granting of a motion for withdrawal
pursuant to Section 285.2, may appoint any member of the bar or any
law firm or professional law corporation to represent the indigent
client without compensation, upon a showing of good cause. Nothing
herein shall preclude the appointed attorney from recovering any
attorneys' fees and costs to which the client may be entitled by
law. In determining the existence of good cause, the court may
consider, but is not limited to, the following factors:

(a) The probable merit of the client's claim.

(b) The client's financial ability to pay for legal services.

(c) The availability of alternative legal representation.

(d) The need for legal representation to avoid irreparable legal
prejudice to the indigent client.

(e) The ability of appointed counsel to effectively represent
the indigent client.

(f) Present and recent pro bono work of the appointed attorney,
law firm or private law corporation.

(g) The ability of the indigent client to represent himself.

(h) The workload of the appointed attorney.

286. When an attorney dies, or is removed or suspended, or ceases
to act as such, a party to an action, for whom he was acting as
attorney, must, before any further proceedings are had against him,
be required by the adverse party, by written notice, to appoint
another attorney, or to appear in person.

307. There is in this State but one form of civil actions for the
enforcement or protection of private rights and the redress or
prevention of private wrongs.

308. In such action the party complaining is known as the plaintiff,
and the adverse party as the defendant.

309. A question of fact not put in issue by the pleadings may be
tried by a jury, upon an order for the trial, stating distinctly
and plainly the question of fact to be tried; and such order is
the only authority necessary for a trial.

312. Civil actions, without exception, can only be commenced
within the periods prescribed in this title, after the cause
of action shall have accrued, unless where, in special cases,
a different limitation is prescribed by statute.

313. The general procedure for the presentation of claims as a
prerequisite to commencement of actions for money or damages
against the State of California, counties, cities, cities and
counties, districts, local authorities, and other political
subdivisions of the State, and against the officers,
employees, and servants thereof, is prescribed by 
Division 3.6 (commencing with Section 810) of Title 1
of the Government Code.

315. The people of this State will not sue any person for or
in respect to any real property, or the issues or profits
thereof, by reason of the right or title of the people to the
same, unless:

_1.Such right or title shall have accrued within ten years
before any action or other proceeding for the same is
commenced; or,

_2.The people, or those from whom they claim, shall have
received the rents and profits of such real property, or of
some part thereof, within the space of ten years.

316. No action can be brought for or in respect to real
property by any person claiming under letters patent or grants
from this State, unless the same might have been commenced by
the people as herein specified, in case such patent had not
been issued or grant made.

317. Section Three Hundred and Seventeen. When letters
patent or grants of real property issued or made by the people
of this State, are declared void by the determination of a
competent Court, an action for the recovery of the property so
conveyed may be brought, either by the people of the State, or
by any subsequent patentee or grantee of the property, his
heirs or assigns, within five years after such determination,
but not after that period.

318. No action for the recovery of real property, or for the
recovery of the possession thereof, can be maintained, unless
it appear that the plaintiff, his ancestor, predecessor, or
grantor, was seized or possessed of the property in question,
within five years before the commencement of the action.

319. No cause of action, or defense to an action, arising out
of the title to real property, or to rents or profits out of
the same, can be effectual, unless it appear that the person
prosecuting the action, or making the defense, or under whose
title the action is prosecuted, or the defense is made, or the
ancestor, predecessor, or grantor of such person was seized or
posssessed of the premises in question within five years
before the commencement of the Act in respect to which such
action is prosecuted or defense made.

320. No entry upon real estate is deemed sufficient or valid
as a claim, unless an action be commenced thereupon within one
year after making such entry, and within five years from the
time when the right to make it descended or accrued.

321. In every action for the recovery of real property, or the
possession thereof, the person establishing a legal title to
the property is presumed to have been possessed thereof within
the time required by law, and the occupation of the property
by any other person is deemed to have been under and in
subordination to the legal title, unless it appear that the
property has been held and possessed adversely to such legal
title, for five years before the commencement of the action.

322. When it appears that the occupant, or those under whom he
claims, entered into the possession of the property under
claim of title, exclusive of other right, founding such claim
upon a written instrument, as being a conveyance of the
property in question, or upon the decree or judgment of a
competent Court, and that there has been a continued
occupation and possession of the property included in such
instrument, decree, or judgment, or of some part of the
property, under such claim, for five years, the property so
included is deemed to have been held adversely, except that
when it consists of a tract divided into lots, the possession
of one lot is not deemed a possession of any other lot of the
same tract.

323. For the purpose of constituting an adverse possession by
any person claiming a title founded upon a written instrument,
or a judgment or decree, land is deemed to have been possessed
and occupied in the following cases:

_1. Where it has been usually cultivated or improved;

_2. Where it has been protected by a substantial inclosure;

_3. Where, although not inclosed, it has been used for the
supply of fuel, or of fencing timber for the purposes of
husbandry, or for pasturage, or for the ordinary use of the
occupant;

_4. Where a known farm or single lot has been partly improved,
the portion of such farm or lot that may have been left not
cleared, or not inclosed according to the usual course and
custom of the adjoining country, shall be deemed to have
been occupied for the same length of time as the part
improved and cultivated.

324. Where it appears that there has been an actual continued
occupation of land, under a claim of title, exclusive of any
other right, but not founded upon a written instrument,
judgment, or decree, the land so actually occupied, and no
other, is deemed to have been held adversely.

325. For the purpose of constituting an adverse possession by
a person claiming title, not founded upon a written
instrument, judgment, or decree, land is deemed to have been
possessed and occupied in the following cases only:
First Where it has been protected by a substantial inclosure.
Second Where it has been usually cultivated or improved.
Provided, however, that in no case shall adverse possession
be considered established under the provision of any section or
sections of this Code, unless it shall be shown that the land has been
occupied and claimed for the period of five years continuously, and
the party or persons, their predecessors and grantors, have paid all
the taxes, State, county, or municipal, which have been levied and
assessed upon such land.

326. When the relation of landlord and tenant has existed
between any persons, the possession of the tenant is deemed
the possession of the landlord until the expiration of five
years from the termination of the tenancy, or, where there has
been no written lease, until the expiration of five years from
the time of the last payment of rent, notwithstanding that
such tenant may have acquired another title, or may have
claimed to hold adversely to his landlord. But such
presumptions cannot be made after the periods herein limited.

327. The right of a person to the possession of real property
is not impaired or affected by a descent cast in consequence
of the death of a person in possession of such property.

328. If a person entitled to commence an action for the
recovery of real property, or for the recovery of the
possession thereof, or to make any entry or defense founded on
the title to real property, or to rents or services out of the
same, is, at the time such title first descends or accrues,
either:

_1. Under the age of majority;

_2. Insane;

_3. Imprisoned on a criminal charge, or in execution upon
conviction of a criminal offense, for a term less than life;

The time, not exceeding twenty years, during which such
disability continues is not deemed any portion of the time
in this chapter limited for the commencement of such action,
or the making of such entry or defense, but such action may
be commenced, or entry or defense made, within the period of
five years after such disability shall cease, or after the
death of the person entitled, who shall die under such
disability; but such action shall not be commenced, or entry
or defense made, after that period.

329. The time within which an action for the foreclosure of a lien
securing an assessment against real property for street
improvements, the proceedings for which are prescribed by
legislation of any political unit other than the state, may be
commenced, shall be two years from and after the date on which the
assessment, or any bond secured thereby, or the last installment of
the assessment or bond, shall be due, or, as to existing rights of
action not heretofore barred, one year after the effective date
hereof, whichever time is later. After that time, if the lien has
not been otherwise removed, the lien ceases to exist and the
assessment is conclusively presumed to be paid. The official
having charge of the records of the assessment shall mark it
"Conclusively presumed paid," if, at the expiration of the time
within which such action might be brought he has received no
written notice of the pendency of the action.

329.5. The validity of an assessment or supplemental assessment
against real property for public improvements, the proceedings
for which are prescribed by the legislative body of any chartered
city, shall not be contested in any action or proceeding unless
the action or proceeding is commenced within 30 days after the
assessment is levied, or such longer period as the legislative
body may provide. Any appeal from a final judgment in such an
action or proceeding shall be perfected within 30 days after the
entry of judgment.

330. In all cases in which there is now vested or there shall
hereafter be vested in a treasurer, street superintendent, or other
public official the power to sell at public auction, after demand
upon him by the holder of any public improvement bond, any lot or
parcel of land upon which exists or which shall hereafter exist a
lien to secure the payment of a public improvement assessment
represented by said bond, and the act or law establishing such
power fails to prescribe the time within which such official may
act, said official may sell at any time prior to the expiration of
four years after the due date of said bond or of the last
installment thereof or of the last principal coupon attached
thereto, or prior to January 1, 1947, whichever is later, but not
thereafter. This section is not intended to extend, enlarge or
revive any power of sale which has heretofore been lost by reason
of lapse of time or otherwise.

335. The periods prescribed for the commencement of actions other
than for the recovery of real property, are as follows:

336. Within five years:
An action for mesne profits of real property.

336a. Within six years. 1. An action upon any bonds, notes or
debentures issued by any corporation or pursuant to permit of the
Commissioner of Corporations, or upon any coupons issued with such
bonds, notes or debentures, if such bonds, notes or debentures shall
have been issued to or held by the public.

_2. An action upon any mortgage, trust deed or other agreement pursuant
to which such bonds, notes or debentures were issued. Nothing in this
section shall apply to bonds or other evidences of indebtedness of a
public district or corporation.

337. Within four years: 1. An action upon any contract,
obligation or liability founded upon an instrument in writing,
except as provided in Section 336a of this code; provided, that
the time within which any action for a money judgment 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 such deed of trust or mortgage, may be
brought shall not extend beyond three months after the time of
sale under such deed of trust or mortgage.

_2. An action to recover (1) upon a book account whether
consisting of one or more entries; (2) upon an account stated
based upon an account in writing, but the acknowledgment of the
account stated need not be in writing; (3) a balance due upon a
mutual, open and current account, the items of which are in
writing; provided, however, that where an account stated is based
upon an account of one item, the time shall begin to run from the
date of said item, and where an account stated is based upon an
account of more than one item, the time shall begin to run from
the date of the last item.

_3. An action based upon the rescission of a contract in writing.
The time begins to run from the date upon which the facts that
entitle the aggrieved party to rescind occurred. Where the
ground for rescission is fraud or mistake, the time does not
begin to run until the discovery by the aggrieved party of the
facts constituting the fraud or mistake. Where the ground for
rescission is misrepresentation under Section 359 of the
Insurance Code, the time does not begin to run until the
representation becomes false.

337a. The term "book account" means a detailed statement which
constitutes the principal record of one or more transactions between a
debtor and a creditor arising out of a contract or some fiduciary
relation, and shows the debits and credits in connection therewith,
and against whom and in favor of whom entries are made, is entered in
the regular course of business as conducted by such creditor or
fiduciary, and is kept in a reasonably permanent form and manner and
is (1) in a bound book, or (2) on a sheet or sheets fastened in a book
or to backing but detachable therefrom, or (3) on a card or cards of a
permanent character, or is kept in any other reasonably permanent form
and manner.

337.1. (a) Except as otherwise provided in this section, no action
shall be brought to recover damages from any person performing or
furnishing the design, specifications, surveying, planning,
supervision or observation of construction or construction of an
improvement to real property more than four years after the
substantial completion of such improvement for any of the
following:

(1) Any patent deficiency in the design, specifications,
surveying, planning, supervision or observation of construction
or construction of an improvement to, or survey of, real
property;

(2) Injury to property, real or personal, arising out of any
such patent deficiency; or

(3) Injury to the person or for wrongful death arising out of
any such patent deficiency.

(b) If, by reason of such patent deficiency, an injury to
property or the person or an injury causing wrongful death
occurs during the fourth year after such substantial
completion, an action in tort to recover damages for such an
injury or wrongful death may be brought within one year after
the date on which such injury occurred, irrespective of the
date of death, but in no event may such an action be brought
more than five years after the substantial completion of
construction of such improvement.

(c) Nothing in this section shall be construed as extending
the period prescribed by the laws of this state for the
bringing of any action.

(d) The limitation prescribed by this section shall not be
asserted by way of defense by any person in actual possession
or the control, as owner, tenant or otherwise, of such an
improvement at the time any deficiency in such an improvement
constitutes the proximate cause of the injury or death for
which it is proposed to bring an action.

(e) As used in this section, "patent deficiency" means a
deficiency which is apparent by reasonable inspection.

(f) Subdivisions (a) and (b) shall not apply to any owner-
occupied single-unit residence.

337.15. (a) No action may be brought to recover damages from any
person, or the surety of a person, who develops real property or
performs or furnishes the design, specifications, surveying, planning,
supervision, testing, or observation of construction or construction
of an improvement to real property more than 10 years after the
substantial completion of the development or improvement for any of
the following:

(1) Any latent deficiency in the design, specification,
surveying, planning, supervision, or observation of construction
or construction of an improvement to, or survey of, real
property.

(2) Injury to property, real or personal, arising out of any
such latent deficiency.

(b) As used in this section, "latent deficiency" means a
deficiency which is not apparent by reasonable inspection.

(c) As used in this section, "action" includes an action for
indemnity brought against a person arising out of that
person's performance or furnishing of services or materials
referred to in this section, except that a cross-complaint for
indemnity may be filed pursuant to subdivision (b) of
Section 428.10 in an action which has been brought within the time
period set forth in subdivision (a) of this section.

(d) Nothing in this section shall be construed as extending
the period prescribed by the laws of this state for bringing
any action.

(e) The limitation prescribed by this section shall not be
asserted by way of defense by any person in actual possession
or the control, as owner, tenant or otherwise, of such an
improvement, at the time any deficiency in the improvement
constitutes the proximate cause for which it is proposed to
bring an action.

(f) This section shall not apply to actions based on willful
misconduct or fraudulent concealment.

(g) The 10-year period specified in subdivision (a) shall
commence upon substantial completion of the improvement, but
not later than the date of one of the following, whichever
first occurs:

(1) The date of final inspection by the applicable public
agency.

(2) The date of recordation of a valid notice of
completion.

(3) The date of use or occupation of the improvement.

(4) One year after termination or cessation of work on the
improvement.

The date of substantial completion shall relate specifically to the
performance or furnishing design, specifications, surveying, planning,
supervision, testing, observation of construction or construction
services by each profession or trade rendering services to the
improvement.

337.2. Where a lease of real property is in writing, no action shall
be brought under Section 1951.2 of the Civil Code more than four
years after the breach of the lease and abandonment of the
property, or more than four years after the termination of the
right of the lessee to possession of the property, whichever is the
earlier time.

337.5. Within 10 years:

_1. An action upon any bonds or coupons issued by the State of
California.

_2. An action upon any general obligation bonds or coupons, not
secured in whole or in part by a lien on real property, issued by
any county, city and county, municipal corporation, district (including
school districts), or other political subdivision of the State of California.

_3. An action upon a judgment or decree of any court of the
United States or of any state within the United States.

337.6. Notwithstanding the provisions of Section 337.5 of this code
actions may be brought on bonds or coupons as set forth in
subsection 2 of said section, against which the statute of
limitations ran on or after August 27, 1937; provided, such actions
are brought on or before June 30, 1959. Upon presentation for
payment they shall be registered and payment shall not be made
thereon until the next fiscal year following presentation unless
available funds are sufficient to first pay obligations which are
due or will become due from the same fund during the fiscal year of
presentation and during the next succeeding six months. Interest
shall not be paid on bonds or coupons registered for the purpose of
this section.

338. Within three years:

(a) An action upon a liability created by statute, other than a
penalty or forfeiture.

(b) An action for trespass upon or injury to real property.

(c) An action for taking, detaining, or injuring any goods or
chattels, including actions for the specific recovery of personal
property. The cause of action in the case of theft, as defined
in Section 484 of the Penal Code, of any article of historical,
interpretive, scientific, or artistic significance is not deemed
to have accrued until the discovery of the whereabouts of the
article by the aggrieved party, his or her agent, or the law
enforcement agency which originally investigated the theft.

(d) An action for relief on the ground of fraud or mistake.
The cause of action in that case is not to be deemed to have accrued
until the discovery, by the aggrieved party, of the facts constituting
the fraud or mistake.

(e) An action upon a bond of a public official except any cause
of action based on fraud or embezzlement is not to be deemed to
have accrued until the discovery, by the aggrieved party or his
or her agent, of the facts constituting the cause of action upon
the bond.

(f) An action against a notary public on his or her bond or in
his or her official capacity except that any cause of action
based on malfeasance or misfeasance is not deemed to have accrued
until discovery, by the aggrieved party or his or her agent, of
the facts constituting the cause of action; provided, that any
action based on malfeasance or misfeasance shall be commenced
within one year from discovery, by the aggrieved party or his or
her agent, of the facts constituting the cause of action or
within three years from the performance of the notarial act
giving rise to the action, whichever is later; and provided
further, that any action against a notary public on his or her
bond or in his or her official capacity shall be commenced within
six years.

(g) An action for slander of title to real property.

(h) An action commenced under Section 17536 of the Business and
Professions Code. The cause of action in that case shall not be
deemed to have accrued until the discovery by the aggrieved
party, the Attorney General, the district attorney, the county
counsel, the city prosecutor, or the city attorney of the facts
constituting grounds for commencing such an action.

(i) An action commenced under the Porter-Cologne Water
Quality Control Act (Division 7 (commencing with Section 13000) of the
Water Code). The cause of action in that case shall not be deemed to
have accrued until the discovery by the State Water Resources Control
Board or a regional water quality control board of the facts
constituting grounds for commencing actions under their jurisdiction.

(j) An action to recover for physical damage to private property
under Section 19 of Article I of the California Constitution.

(k) An action commenced under Division 26 (commencing with
Section 39000) of the Health and Safety Code. These causes of action
shall not be deemed to have accrued until the discovery by the State
Air Resources Board or by a district, as defined in Section 39025 of
the Health and Safety Code, of the facts constituting grounds for
commencing the action under its jurisdiction.

338.1. An action for civil penalties or punitive damages authorized
under Chapter 6.5 (commencing with Section 25100),
Chapter 6.7 (commencing with Section 25280), or Chapter 6.8
(commencing with Section 25300) of Division 20 of the
Health and Safety Code shall be commenced
within five years after the discovery by the agency
bringing the action of the facts constituting the grounds for
commencing the action.

339. Within two years: 1. An action upon a contract, obligation
or liability not founded upon an instrument of writing, except as
provided in Section 2725 of the Commercial Code or subdivision 2
of Section 337 of this code; or an action founded upon a
contract, obligation or liability, evidenced by a certificate, or
abstract or guaranty of title of real property, or by a policy of
title insurance; provided, that the cause of action upon a
contract, obligation or liability evidenced by a certificate, or
abstract or guaranty of title of real property or policy of title
insurance shall not be deemed to have accrued until the discovery
of the loss or damage suffered by the aggrieved party thereunder.

_2. An action against a sheriff, coroner, or constable upon a
liability incurred by the doing of an act in an official capacity
and in virtue of office, or by the omission of an official duty
including the nonpayment of money collected in the enforcement of
a judgment.

_3.An action based upon the rescission of a contract not in
writing. The time begins to run from the date upon which the
facts that entitle the aggrieved party to rescind occurred.
Where the ground for rescission is fraud or mistake, the time
does not begin to run until the discovery by the aggrieved
party of the facts constituting the fraud or mistake.

339.5. Where a lease of real property is not in writing, no action
shall be brought under Section 1951.2 of the Civil Code more than two
years after the breach of the lease and abandonment of the property,
or more than two years after the termination of the right of the
lessee to possession of the property, whichever is the earlier time.

340. Within one year:

(1) An action upon a statute for a penalty or forfeiture, when
the action is given to an individual, or to an individual and the
state, except when the statute imposing it prescribes a different
limitation.

(2) An action upon a statute for a forfeiture or penalty to the
people of this state.

(3) An action for libel, slander, assault, battery, false
imprisonment, seduction of a person below the age of legal
consent, or for injury to or for the death of one caused by the
wrongful act or neglect of another, or by a depositor against a
bank for the payment of a forged or raised check, or a check that
bears a forged or unauthorized endorsement, or against any person
who boards or feeds an animal or fowl or who engages in the
practice of veterinary medicine as defined in Section 4826 of the
Business and Professions Code, for such person's neglect
resulting in injury or death to an animal or fowl in the course
of boarding or feeding such animal or fowl or in the course of
the practice of veterinary medicine on such animal or fowl.

(4) An action against an officer to recover damages for the
seizure of any property for a statutory forfeiture to the state,
or for the detention of, or injury to property so seized, or for
damages done to any person in making any such seizure.

(5) An action by a good faith improver for relief under
Chapter 10 (commencing with Section 871.1) of Title 10 of Part 2 of
the Code of Civil Procedure. The time begins to run from the date
upon which the good faith improver discovers that the good faith
improver is not the owner of the land upon which the improvements have
been made.

340.1. (a) In any civil action for recovery of damages suffered as a
result of childhood sexual abuse, the time for commencement of the
action shall be within eight years of the date the plaintiff
attains the age of majority or within three years of the date the
plaintiff discovers or reasonably should have discovered that
psychological injury or illness occurring after the age of majority
was caused by the sexual abuse, whichever occurs later.

(b) "Childhood sexual abuse" as used in this section includes
any act committed by the defendant against the plaintiff which
act occurred when the plaintiff was under the age of 18 years and
which act would have been proscribed by Section 266j of the Penal
Code; Section 285 of the Penal Code; paragraph (1) or (2) of
subdivision (b), or of subdivision c, of Section 286 of the Penal
Code; subdivision (a) or (b) of Section 288 of the Penal Code;
paragraph (1) or (2) of subdivision (b), or of subdivision c, of
Section 288a of the Penal Code; subdivision (h), (i), or (j) of
Section 289 of the Penal Code; Section 647.6 of the Penal Code;
or any prior laws of this state of similar effect at the time the
act was committed.

(c) Nothing in this section shall be construed to alter the
otherwise applicable burden of proof, as defined in Section 115
of the Evidence Code, which a plaintiff has in a civil action
subject to this section.

(d) Every plaintiff 26 years of age or older at the time the
action is filed shall file certificates of merit as specified in
subdivision (e).

(e) Certificates of merit shall be executed by the attorney for
the plaintiff and by a licensed mental health practitioner
selected by the plaintiff declaring, respectively, as follows,
setting forth the facts which support the declaration:

(1) That the attorney has reviewed the facts of the case,
that the attorney has consulted with at least one licensed
mental health practitioner who is licensed to practice and
practices in this state and who the attorney reasonably
believes is knowledgeable of the relevant facts and issues
involved in the particular action, and that the attorney has
concluded on the basis of that review and consultation that
there is reasonable and meritorious cause for the filing of
the action. The person consulted may not be a party to the
litigation.

(2) That the mental health practitioner consulted is licensed
to practice and practices in this state and is not a party to
the action, has interviewed the plaintiff and is knowledgeable
of the relevant facts and issues involved in the particular
action, and has concluded, on the basis of his or her
knowledge of the facts and issues, that in his or her
professional opinion there is a reasonable basis to believe
that the plaintiff had been subject to childhood sexual abuse.

(3) That the attorney was unable to obtain the consultation
required by paragraph (1) because a statute of limitations
would impair the action and that the certificates required by
paragraphs (1) and (2) could not be obtained before the
impairment of the action. If a certificate is executed
pursuant to this paragraph, the certificates required by
paragraphs (1) and (2) shall be filed within 60 days after
filing the complaint.

(f) Where certificates are required pursuant to subdivision

(d), separate certificates shall be filed for each defendant named in
the complaint.

(g) A complaint filed pursuant to subdivision (d) may not name
the defendant or defendants until the court has reviewed the
certificates of merit filed pursuant to subdivision (e) and has
found, in camera, based solely on those certificates of merit,
that there is reasonable and meritorious cause for the filing of
the action. At that time, the complaint may be amended to name
the defendant or defendants. The duty to give notice to the
defendant or defendants shall not attach until that time.

(h) A violation of this section may constitute unprofessional
conduct and may be the grounds for discipline against the
attorney.

(i) The failure to file certificates in accordance with this
section shall be grounds for a demurrer pursuant to
Section  430.10 or a motion to strike pursuant to Section 435.

(j) Upon the favorable conclusion of the litigation with respect
to any defendant for whom a certificate of merit was filed or for
whom a certificate of merit should have been filed pursuant to
this section, the court may, upon the motion of a party or upon
the court's own motion, verify compliance with this section by
requiring the attorney for the plaintiff who was required by
subdivision (e) to execute the certificate to reveal the name,
address, and telephone number of the person or persons consulted
with pursuant to subdivision (e) that were relied upon by the
attorney in preparation of the certificate of merit. The name,
address, and telephone number shall be disclosed to the trial
judge in an in camera proceeding at which the moving party shall
not be present. If the court finds there has been a failure to
comply with this section, the court may order a party, a party's
attorney, or both, to pay any reasonable expenses, including
attorney's fees, incurred by the defendant for whom a certificate
of merit should have been filed.

(k) The amendments to this section enacted at the 1990 portion
of the 1989-90 Regular Session shall apply to any action
commenced on or after January 1, 1991.

(l) Nothing in the amendments specified in subdivision (k) shall
be construed to preclude the courts from applying equitable
exceptions to the running of the applicable statute of
limitations, including exceptions relating to delayed discovery
of injuries, with respect to actions commenced prior to
January 1, 1991.

340.2. (a) In any civil action for injury or illness based upon
exposure to asbestos, the time for the commencement of the action
shall be the later of the following:

(1) Within one year after the date the plaintiff first suffered
disability.

(2) Within one year after the date the plaintiff either knew, or
through the exercise of reasonable diligence should have known,
that such disability was caused or contributed to by such
exposure.

(b) "Disability" as used in subdivision (a) means the loss of
time from work as a result of such exposure which precludes
the performance of the employee's regular occupation.

(c) In an action for the wrongful death of any plaintiff's
decedent, based upon exposure to asbestos, the time for
commencement of an action shall be the later of the following:

(1) Within one year from the date of the death of the
plaintiff's decedent.

(2) Within one year from the date the plaintiff first knew,
or through the exercise of reasonable diligence should have
known, that the death was caused or contributed to by such
exposure.

340.3. Unless a longer period is prescribed for a specific action, in
any action for damages against a defendant based upon such person's
commission of a felony offense for which the defendant has been
convicted, the time for commencement of the action shall be within
one year after judgment is pronounced. If the sentence or judgment
is stayed, the time for the commencement of the action shall be
tolled until the stay is lifted. For purposes of this section, a
judgment is not stayed if the judgment is appealed or the defendant
is placed on probation.

340.4. An action by or on behalf of a minor for personal injuries
sustained before or in the course of his or her birth must be
commenced within six years after the date of birth, and the time
the minor is under any disability mentioned in Section 352 shall
not be excluded in computing the time limited for the commencement
of the action.

340.5. In an action for injury or death against a health care
provider based upon such person's alleged professional negligence,
the time for the commencement of action shall be three years after
the date of injury or one year after the plaintiff discovers, or
through the use of reasonable diligence should have discovered, the
injury, whichever occurs first. In no event shall the time for
commencement of legal action exceed three years unless tolled for
any of the following: (1) upon proof of fraud, (2) intentional
concealment, or (3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of the
injured person. Actions by a minor shall be commenced within three
years from the date of the alleged wrongful act except that actions
by a minor under the full age of six years shall be commenced
within three years or prior to his eighth birthday whichever
provides a longer period. Such time limitation shall be tolled for
minors for any period during which parent or guardian and
defendant's insurer or health care provider have committed fraud or
collusion in the failure to bring an action on behalf of the
injured minor for professional negligence.
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.

340.6. (a) An action against an attorney for a wrongful act or
omission, other than for actual fraud, arising in the performance
of professional services shall be commenced within one year after
the plaintiff discovers, or through the use of reasonable diligence
should have discovered, the facts constituting the wrongful act or
omission, or four years from the date of the wrongful act or
omission, whichever occurs first. In no event shall the time for
commencement of legal action exceed four years except that the
period shall be tolled during the time that any of the following
exist:

(1) The plaintiff has not sustained actual injury;

(2) The attorney continues to represent the plaintiff regarding
the specific subject matter in which the alleged wrongful act or
omission occurred;

(3) The attorney willfully conceals the facts constituting the
wrongful act or omission when such facts are known to the
attorney, except that this subdivision shall toll only the four-
year limitation; and

(4) The plaintiff is under a legal or physical disability which
restricts the plaintiff's ability to commence legal action.

(b) In an action based upon an instrument in writing, the effective
date of which depends upon some act or event of the future, the period
of limitations provided for by this section shall commence to run upon
the occurrence of such act or event.

341. Within six months:
An action against an officer, or officer de facto:

_1.To recover any goods, wares, merchandise, or other property,
seized by any such officer in his official capacity as tax
collector, or to recover the price or value of any goods, wares,
merchandise, or other personal property so seized, or for damages
for the seizure, detention, sale of, or injury to any goods,
wares, merchandise, or other personal property seized, or for
damages done to any person or property in making any such
seizure.

_2.To recover stock sold for a delinquent assessment, as provided in
section three hundred forty-seven of the Civil Code.

_3.To set aside or invalidate any action taken or performed by a
majority of the trustees of any corporation heretofore or
hereafter dissolved by operation of law, including the revivor of
any such corporation.

341a. All civil actions for the recovery or conversion of personal
property, wearing apparel, trunks, valises or baggage alleged to have
been left at a hotel, hospital, rest home, sanitarium, boarding house,
lodging house, furnished apartment house, or furnished bungalow court,
shall be begun within 90 days from and after the date of the departure
of the owner of said personal property, wearing apparel, trunks,
valises or baggage from said hotel, hospital, rest home, sanitarium,
boarding house, lodging house, furnished apartment house, or furnished
bungalow court.

341.5. Notwithstanding any other provision of law, any action or
proceeding in which a county, city, city and county, school district,
special district, or any other local agency is a plaintiff or
petitioner, that is brought against the State of California
challenging the constitutionality of any statute relating to state
funding for counties, cities, cities and counties, school districts,
special districts, or other local agencies, shall be commenced within 90
days of the effective date of the statute at issue in the action.

For purposes of this section, "State of California" means the State of
California itself, or any of its agencies, departments, commissions,
boards, or public officials.

342. An action against a public entity upon a cause of action for
which a claim is required to be presented in accordance with
Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code must be commenced within the time provided in
Section 945.6 of the Government Code.

343. An action for relief not hereinbefore provided for must be
commenced within four years after the cause of action shall have
accrued.

344. In an action brought to recover a balance due upon a mutual,
open, and current account, where there have been reciprocal demands
between the parties, the cause of action is deemed to have accrued
from the time of the last item proved in the account on either
side.

345. The limitations prescribed in this chapter apply to actions
brought in the name of the state or county or for the benefit of
the state or county, in the same manner as to actions by private
parties. Accounts for the support of patients at state or county
hospitals are book accounts as defined in Section 337a, and actions
on them may be commenced at any time within four years after the
last date of service or the last date of payment.

346. An action to redeem a mortgage of real property, with or
without an account of rents and profits, may be brought by the
mortgagor or those claiming under him, against the mortgagee in
possession, or those claiming under him, unless he or they have
continuously maintained an adverse possession of the mortgaged
premises for five years after breach of some condition of the
mortgage.

347. If there is more than one such mortgagor, or more than one
person claiming under a mortgagor, some of whom are not entitled to
maintain such an action under the provisions of this Chapter, any
one of them who is entitled to maintain such an action may redeem
therein a divided or undivided part of the mortgaged premises,
according as his interest may appear and have an accounting, for a
part of the rents and profits proportionate to his interest in the
mortgaged premises, on payment of a part of the mortgage money,
bearing the same proportion to the whole of such money as the value
of his divided or undivided interest in the premises bears to the
whole of such premises.

348. To actions brought to recover money or other property
deposited with any bank, banker, trust company, building and loan
association, or savings and loan society or evidenced by a
certificate issued by an industrial loan company or credit union
there is no limitation.

This section shall not apply to banks, bankers, trust companies,
building and loan associations, industrial loan companies, credit
unions, and savings and loan societies which have become insolvent
and are in process of liquidation and in such cases the statute of
limitations shall be deemed to have commenced to run from the
beginning of the process of liquidation; provided, however, nothing
herein contained shall be construed so as to relieve any
stockholder of any banking corporation or trust company from
stockholders' liability as shall at any time, be provided by law.

349. Any action to contest an assessment levied by the legislative
body of any municipality under the terms of the `Local Improvement
Act of 1901," must be commenced within thirty days after the entry
upon the minutes of such legislative body of the resolution
provided for in section eight of said "Local Improvement Act of 1901."

349.1. The validity of any acts or proceedings taken under color of
law for the formation, organization, incorporation, dissolution,
consolidation, change of organization or reorganization of, or
for any change in the territorial boundaries of, any city,
county, city and county, special district, public corporation or
other public entity, or improvement district within any of the
foregoing, shall not be contested in any action unless such
action shall have been brought within six months from the date of
completion of said acts or proceedings. Unless an action is
commenced within said period all said acts or proceedings shall
be held valid and in every respect legal and incontestable.

This section shall not amend or repeal any existing statute
prescribing a shorter period of limitation than that specified
herein.

349 1/2. The validity of any proceedings for the incorporation of a
municipal corporation, the annexation of territory to a municipal
corporation, or for the consolidation of municipal corporations, shall
not be contested in any action unless such action shall have been
brought within three months after the completion of such proceedings,
or, in case such proceedings are completed prior to the time that the
amendments to this section enacted at the 1957 Regular Session of the
Legislature take effect, then within three months after such
amendments shall have become effective.

349.2. Where any acts or proceedings are taken under color of law
by or on behalf of any city, county, city and county, special
district, public corporation or other public entity for the
authorization, sale or issuance of bonds:

(1) The validity of any such acts or proceedings for the
authorization of bonds shall not be contested in any action
unless such action shall have been brought within six months
from the date of election authorizing said bonds, in cases
where said bonds are required by law to be authorized at an
election, or within six months from the date of adoption of a
resolution or ordinance authorizing such bonds, in cases where
bonds are not required by law to be authorized at an election;

(2) The validity of any such acts or proceedings for the sale
of bonds (including all acts or proceedings taken prior
thereto and providing for the issuance of such bonds) shall
not be contested in any action unless such action shall have
been brought within six months from the date of sale of said
bonds;

(3) The validity of any such acts or proceedings for the
issuance and delivery of, or payment for, bonds shall not be
contested in any action unless such action shall have been
brought within six months from the date of issuance and
delivery of, or payment for, said bonds.

Unless an action is commenced within the applicable time hereinabove
specified, said acts or proceedings for the authorization, sale or
issuance of bonds shall be held valid and in every respect legal and
incontestable.

This section shall not amend or repeal any existing statute
prescribing a shorter period of limitation than that specified herein.
As used in this section, the term "bonds" means all instruments
evidencing indebtedness incurred or to be incurred for any public
purpose, all instruments evidencing the borrowing of money in
anticipation of taxes, revenues or other income of a public body, all
instruments payable from revenues or special funds, and all
instruments funding or refunding any thereof or any indebtedness, but
shall not include any special assessment bonds, special assessment
refunding bonds, or bonds or other instruments issued to represent
special assessments which are, directly or indirectly, secured by or
payable from specific assessments levied against lands benefited,
including bonds or other instruments issued under or pursuant to any
statute, charter or ordinance providing for the improvement of
streets, the opening and widening of streets, the provision for off-
street parking, or the refunding of any of the same.

349 3/4. Within one hundred eighty days:

(a) An action to enjoin, abate, or for damages on account of, an
underground trespass, use or occupancy, by means of a well
drilled for oil or gas or both from a surface location on land
other than real property in which the aggrieved party has some
right, title or interest or in respect to which the aggrieved
party has some right, title or interest.

(b) An action for conversion or for the taking or removing of
oil, gas or other liquid, or fluids by means of any such well.
When any of said acts is by means of a new well the actual
drilling of which is commenced after this section becomes
effective, and such act was knowingly committed with actual
intent to commit such act, the cause of action in such case shall
not be deemed to have accrued until the discovery, by the
aggrieved party, of the act or acts complained of; but in all
other cases, and as to wells heretofore or hereafter drilled, the
cause of action shall be deemed to have accrued ten days after
the time when the well which is the subject of the cause of
action was first placed on production.

Notwithstanding the continuing character of any such act, there
shall be but one cause of action for any such act, and the cause
of action shall accrue as aforesaid.

In all cases where oil or gas has been heretofore or is hereafter
extracted from any existing or subsequently drilled well in this
State, by a person without right but asserting a claim of right
in good faith or acting under an honest mistake of law or fact,
the measure of damages, if there be any right of recovery under
existing law, shall be the value of the oil or gas at the time of
extraction, without interest, after deducting all costs of
development, operation and production, which costs shall include
taxes and interest on all expenditures from the date thereof.
This section shall apply to causes of action existing when this
section becomes effective. The time for commencement of existing
causes of action which would be barred by this section within the
first one hundred eighty days after this section becomes
effective, shall be the said first one hundred eighty days.
Whenever the term "oil" is used in this section it shall be taken
to include "petroleum," and the term "gas" shall mean natural gas
coming from the earth.

The limitations prescribed by this section shall not apply to
rights of action or actions to be brought in the name of or for
the benefit of the people of this State, or of any county, city
and county, city or other political subdivision of this State.

349.4. All acts and proceedings heretofore or hereafter taken under
color of law for the formation, organization or incorporation of,
or for any change in the territorial boundaries of, any city,
county, city and county, special district, public corporation or
other public entity, or improvement district, annexed area or zone
within any of the foregoing, and for the authorization, issuance,
sale, or exchange of bonds of the entity or the territory thereof
may be confirmed, validated, and declared legally effective in the
manner provided in this section.

The legislative body of the entity may instruct its clerk or
secretary to mail a notice to all owners of property within the
entity, within the improvement district or zone, or within the
annexed area, as the case may be, as their names and addresses
appear on the last equalized county assessment roll, or as known to
the clerk or secretary. Such notice shall include the name of the
entity, the date the entity or the zone or improvement district
therein was ordered formed or its territory changed by annexation
or otherwise, as the case may be, the amount of bonds authorized,
if any, and a statement that commencing with the date of mailing of
said notice there shall be a 60-calendar-day period during which
period any property owner may file an action contesting the
validity of the formation of the entity, or of such improvement
district or zone, or of such change of boundaries by annexation or
otherwise, as the case may be, or the validity of the bond
authorization, if any. The clerk or secretary shall make and file
with the legislative body of the entity a certificate of mailing of
the notices. The legislative body of the entity may order the
clerk or secretary to include in such notice such other additional
information that it deems pertinent.

If no action is filed during such 60-day period, the formation of
the entity or of such improvement district or zone, or the change
of boundaries by annexation or otherwise, as the case may be, and
the bond authorization, if any, are valid and uncontestable.

350. An action is commenced, within the meaning of this Title,
when the complaint is filed.

351. If, when the cause of action accrues against a person, he is
out of the State, the action may be commenced within the term
herein limited, after his return to the State, and if, after the
cause of action accrues, he departs from the State, the time of
his absence is not part of the time limited for the commencement
of the action.

352. (a) If a person entitled to bring an action, mentioned in
Chapter 3 of this title, be, at the time the cause of action
accrued, either:

_1.Under the age of majority; or,

_2.Insane; or,

_3.Imprisoned on a criminal charge, or in execution under the
sentence of a criminal court for a term less than for life;
the time of such disability is not a part of the time limited
for the commencement of the action.

(b) This section does not apply to an action against a
public entity or public employee upon a cause of action for
which a claim is required to be presented in accordance with
Chapter 1 (commencing with Section 900) or
Chapter 2 (commencing with Section 910) of Part 3, or
Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6
of Title 1 of the Government Code. This subdivision shall not
apply to any claim presented to a public entity prior to
January 1, 1971.

(c) This section does not apply to an action, other than an
action to recover damages or that portion of an action that
is for the recovery of damages, relating to the conditions
of confinement of a person described in paragraph 3 of
subdivision (a), including an action brought by that person
pursuant to Section 1983 of Title 42 of the United States
Code.

352.5. If, after a cause of action accrues against a person, that
person comes under an order for restitution as a condition of
probation with respect to the specific act or omission giving rise
to such person's liability, the time during which the order is in
effect is not a part of the time limited for the commencement of
such an action based upon that act or omission.

353.1. If a person entitled to bring an action or other proceeding,
which action or other proceeding has not been filed or otherwise
instituted, is represented by an attorney over whose practice a
court of this state has assumed jurisdiction pursuant to Section 6180
or Section 6190 of the Business and Professions Code, and
the application for the court to assume jurisdiction is filed
prior to the expiration of the applicable statute of limitation
or claim statute, the person shall have six months from the date
of entry of the order assuming jurisdiction within which to file
or otherwise institute the matter, if the applicable statute of
limitation otherwise would have expired.

354. When a person is, by reason of the existence of a state
of war, under a disability to commence an action, the time of
the continuance of such disability is not part of the period
limited for the commencement of the action whether such cause
of action shall have accrued prior to or during the period of
such disability.

355. If an action is commenced within the time prescribed
therefor, and a judgment therein for the plaintiff be reversed
on appeal other than on the merits, a new action may be
commenced within one year after the reversal.

356. When the commencement of an action is stayed by
injunction or statutory prohibition, the time of the
continuance of the injunction or prohibition is not part of
the time limited for the commencement of the action.

357. No person can avail himself of a disability, unless it
existed when his right of action accrued.

358. When two or more disabilities coexist at the time the
right of action accrues, the limitation does not attach until
they are removed.

359. This title does not affect actions against directors,
shareholders, or members of a corporation, to recover a
penalty or forfeiture imposed, or to enforce a liability
created by law; but such actions must be brought within three
years after the discovery by the aggrieved party of the facts
upon which the penalty or forfeiture attached, or the
liability was created. 359.5. If the obligations under a
surety bond are conditioned upon performance of the principal,
the expiration of the statute of limitations with respect to
the obligations of the principal, other than the obligations
of the principal under the bond, shall also bar an action
against the principal or surety under the bond, unless the
terms of the bond provide otherwise.

360. No acknowledgment or promise is sufficient evidence of a
new or continuing contract, by which to take the case out of
the operation of this title, unless the same is contained in
some writing, signed by the party to be charged thereby,
provided that any payment on account of principal or interest
due on a promissory note made by the party to be charged shall
be deemed a sufficient acknowledgment or promise of a
continuing contract to stop, from time to time as any such
payment is made, the running of the time within which an
action may be commenced upon the principal sum or upon any
installment of principal or interest due on such note, and to
start the running of a new period of time, but no such payment
of itself shall revive a cause of action once barred.

360.5. No waiver shall bar a defense to any action that the action
was not commenced within the time limited by this title unless the
waiver is in writing and signed by the person obligated. No waiver
executed prior to the expiration of the time limited for the
commencement of the action by this title shall be effective for a
period exceeding four years from the date of expiration of the time
limited for commencement of the action by this title and no waiver
executed after the expiration of such time shall be effective for a
period exceeding four years from the date thereof, but any such waiver
may be renewed for a further period of not exceeding four years from
the expiration of the immediately preceding waiver. Such waivers may
be made successively. The provisions of this section shall not be
applicable to any acknowledgment, promise or any form of waiver which
is in writing and signed by the person obligated and given to any
county to secure repayment of indigent aid or the repayment of moneys
fraudulently or illegally obtained from the county.

361. When a cause of action has arisen in another State, or in
a foreign country, and by the laws thereof an action thereon
cannot there be maintained against a person by reason of the
lapse of time, an action thereon shall not be maintained
against him in this State, except in favor of one who has been
a citizen of this State, and who has held the cause of action
from the time it accrued.

362. This Title does not extend to actions already commenced,
nor to cases where the time prescribed in any existing statute
for acquiring a right or barring a remedy has fully run, but
the laws now in force are applicable to such actions and
cases, and are repealed subject to the provisions of this
section.

363. The word "action" as used in this Title is to be
construed, whenever it is necessary so to do, as including a
special proceeding of a civil nature.

364. (a) No action based upon the health care provider's
professional negligence may be commenced unless the defendant
has been given at least 90 days' prior notice of the intention
to commence the action.

(b) No particular form of notice is required, but it shall
notify the defendant of the legal basis of the claim and the
type of loss sustained, including with specificity the nature
of the injuries suffered.

(c) The notice may be served in the manner prescribed in
Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.

(d) If the notice is served within 90 days of the expiration of
the applicable statute of limitations, the time for the
commencement of the action shall be extended 90 days from the
service of the notice.

(e) The provisions of this section shall not be applicable with
respect to any defendant whose name is unknown to the plaintiff
at the time of filing the complaint and who is identified therein
by a fictitious name, as provided in Section 474.

(f) 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 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.

364.1. No action based upon the professional negligence of a
physician and surgeon or doctor of podiatric medicine may be
commenced unless the 90-day prior notice required by Section 364 is
also sent to the Medical Board of California or the Board of
Podiatric Medicine, as applicable, at the same time it is sent to
the defendant. The Medical Board of California or the Board of
Podiatric Medicine shall maintain the notice as a confidential part
of a potential investigation file.

365. Failure to comply with this chapter shall not invalidate any
proceedings of any court of this state, nor shall it affect the
jurisdiction of the court to render a judgment therein. However,
failure to comply with such provisions by any attorney at law shall
be grounds for professional discipline and the State Bar of
California shall investigate and take appropriate action in any
such cases brought to its attention.

366.1. If a person entitled to bring an action dies before the
expiration of the applicable limitations period, and the cause of
action survives, an action may be commenced before the expiration
of the later of the following times:

(a) Six months after the person's death.

(b) The limitations period that would have been applicable if
the person had not died.

366.2. (a) Except as provided in subdivisions (b) and c:

(1) If a person against whom an action may be brought on a
liability of the person, whether arising in contract, tort, or
otherwise, dies before the expiration of the applicable
limitations period, and the cause of action survives, an
action may be commenced within one year after the date of
death, and the limitations period that would have been
applicable does not apply.

(2) The limitations period provided in this section for
commencement of an action is not tolled or extended for any
reason.

(b) This section is subject to:

(1) Part 4 (commencing with Section 9000) of Division 7
of the Probate Code (creditor claims in administration of
estates of decedents).

(2) Part 8 (commencing with Section 19000) of Division 9
of the Probate Code (payment of claims, debts, and
expenses from revocable trust of deceased settlor).

(c) This section applies to actions brought on liabilities
of persons dying on or after January 1, 1993.

366.2. (a) Except as provided in subdivisions (b) and c:

(1) If a person against whom an action may be brought on a
liability of the person, whether arising in contract, tort, or
otherwise, dies before the expiration of the applicable
limitations period, and the cause of action survives, an action
may be commenced within one year after the date of death, and the
limitations period that would have been applicable does not
apply.

(2) The limitations period provided in this section for
commencement of an action is not tolled or extended for any
reason.

(b) This section is subject to:

(1) Part 4 (commencing with Section 9000) of Division 7 of the
Probate Code (creditor claims in administration of estates of
decedents).

(2) Part 8 (commencing with Section 19000) of Division 9 of the
Probate Code (payment of claims, debts, and expenses from
revocable trust of deceased settlor).

(3) Part 3 (commencing with Section 21300) of Division 11 of the
Probate Code (no contest clauses).

(c) This section applies to actions brought on liabilities of
persons dying on or after January 1, 1993.

367. Every action must be prosecuted in the name of the real party
in interest, except as otherwise provided by statute.

368. In the case of an assignment of a thing in action, the action
by the assignee is without prejudice to any set-off, or other
defense existing at the time of, or before, notice of the
assignment; but this section does not apply to a negotiable
promissory note or bill of exchange, transferred in good faith, and
upon good consideration, before maturity.

368.5. An action or proceeding does not abate by the transfer of an
interest in the action or proceeding or by any other transfer of an
interest. The action or proceeding may be continued in the name of
the original party, or the court may allow the person to whom the
transfer is made to be substituted in the action or proceeding.

369. (a) The following persons may sue without joining as parties
the persons for whose benefit the action is prosecuted:

(1) A personal representative, as defined in subdivision (a) of
Section 58 of the Probate Code.

(2) A trustee of an express trust.

(3) Except for a person upon whom a power of sale has been
conferred pursuant to a deed of trust or mortgage, a person with
whom, or in whose name, a contract is made for the benefit of
another.

(4) Any other person expressly authorized by statute.

(b) Notwithstanding subdivision (a), a trustee upon whom a power of
sale has been conferred pursuant to a deed of trust or mortgage may
sue to exercise the trustee's powers and duties pursuant to
Chapter 2 (commencing with Section 2920) of Title 14 of Part 4 of
Division 3 of the Civil Code.

369.5. (a) A partnership or other unincorporated association, whether
organized for profit or not, may sue and be sued in the name it has
assumed or by which it is known.

(b) A member of the partnership or other unincorporated association
may be joined as a party in an action against the unincorporated
association. If service of process is made on the member as an
individual, whether or not the member is also served as a person upon
whom service is made on behalf of the unincorporated association, a
judgment against the member based on the member's personal liability
may be obtained in the action, whether the liability is joint, joint
and several, or several.

370. A married person may be sued without his or her spouse being
joined as a party, and may sue without his or her spouse being
joined as a party in all actions.

371. If a husband and wife are sued together, each may defend for
his or her own right, but if one spouse neglects to defend, the
other spouse may defend for that spouse's right also.

372. When a minor, an incompetent person, or a person for whom a
conservator has been appointed is a party, such person shall appear
either by a guardian or conservator of the estate or by a guardian
ad litem appointed by the court in which the action or proceeding
is pending, or by a judge thereof, in each case. A guardian ad
litem may be appointed in any case when it is deemed by the court
in which the action or proceeding is prosecuted, or by a judge
thereof, expedient to appoint a guardian ad litem to represent the
minor, incompetent person, or person for whom a conservator has
been appointed, notwithstanding that such person may have a
guardian or conservator of the estate and may have appeared by the
guardian or conservator of the estate. The guardian or conservator
of the estate or guardian ad litem so appearing for any minor,
incompetent person, or person for whom a conservator has been
appointed shall have power, with the approval of the court in which
the action or proceeding is pending, to compromise the same, to
agree to the order or judgment to be entered therein for or against
the ward or conservatee, and to satisfy any judgment or order in
favor of the ward or conservatee or release or discharge any claim
of the ward or conservatee pursuant to such compromise. Any money
or other property to be paid or delivered pursuant to the order or
judgment for the benefit of a minor, incompetent person, or person
for whom a conservator has been appointed shall be paid and
delivered as provided in Chapter 4 (commencing with Section 3600)
of Part 7 of Division 4 of the Probate Code.

Where reference is made in this section to "incompetent person," such
reference shall be deemed to include "a person for whom a conservator
may be appointed."

Nothing in this section or in any other provision of this code, the
Probate Code, or the Civil Code is intended by the Legislature to
prohibit a minor from exercising an intelligent and knowing waiver of
his constitutional rights in any proceedings under the Juvenile Court
Law, Chapter 2 (commencing with Section 500) of Part 1 of Division 2
of the Welfare and Institutions Code.

373. When a guardian ad litem is appointed, he or she shall be
appointed as follows:

(a) If the minor is the plaintiff the appointment must be made
before the summons is issued, upon the application of the minor,
if the minor is of the age of 14 years, or if under that age,
upon the application of a relative or friend of the minor.

(b) If the minor is the defendant, upon the application of the
minor, if the minor is of the age of 14 years, and the minor
applies within 10 days after the service of the summons, or if
under that age, or if the minor neglects to apply, then upon the
application of a relative or friend of the minor, or of any other
party to the action, or by the court on its own motion.

(c) If an insane or incompetent person is a party to an action
or proceeding, upon the application of a relative or friend of
such insane or incompetent person, or of any other party to the
action or proceeding, or by the court on its own motion.

373.5. If under the terms of a written instrument, or otherwise, a
person or persons of a designated class who are not ascertained or who
are not in being, or a person or persons who are unknown, may be or
may become legally or equitably interested in any property, real or
personal, the court in which any action, petition or proceeding of any
kind relative to or affecting the property is pending, may, upon the
representation of any party thereto, or of any person interested,
appoint a suitable person to appear and act therein as guardian ad
litem of the person or persons not ascertained, not in being, or who
are unknown; and the judgment, order or decree in the proceedings,
made after the appointment, shall be conclusive upon all persons for
whom the guardian ad litem was appointed.

The guardian ad litem shall have power, with the approval of the court
in which the action, petition or proceeding is pending, to compromise
the same, to agree to the order or judgment to be entered therein for
or against the persons for whom the guardian ad litem was appointed,
and to satisfy any judgment or order in favor of the persons, or
release, or discharge any claim of the persons pursuant to the
compromise. The court shall have the same power with respect to the
money or other property to be paid or delivered under such order or
judgment as is provided in Section 372 of this code.

The reasonable expenses of the guardian ad litem, including
compensation and counsel fees, shall be determined by the court and
paid as it may order, either out of the property or by plaintiff or
petitioner. If the expenses are to be paid by the plaintiff or
petitioner, execution therefor may issue in the name of the guardian
ad litem.

375. An action or proceeding does not abate by the disability of a
party. The court, on motion, shall allow the action or proceeding
to be continued by or against the party's representative.

376. (a) The parents of a legitimate unmarried minor child, acting
jointly, may maintain an action for injury to the child caused by
the wrongful act or neglect of another. If either parent fails on
demand to join as plaintiff in the action or is dead or cannot be
found, then the other parent may maintain the action. The parent,
if living, who does not join as plaintiff shall be joined as a
defendant and, before trial or hearing of any question of fact,
shall be served with summons either in the manner provided by law
for the service of a summons in a civil action or by sending a copy
of the summons and complaint by registered mail with proper postage
prepaid addressed to that parent's last known address with request
for a return receipt. If service is made by registered mail, the
production of a return receipt purporting to be signed by the
addressee creates a rebuttable presumption that the summons and
complaint have been duly served. The presumption established by
this section is a presumption affecting the burden of producing
evidence. The respective rights of the parents to any award shall
be determined by the court.

(b) A parent may maintain an action for such an injury to his or
her illegitimate unmarried minor child if a guardian has not been
appointed. Where a parent who does not have care, custody, or
control of the child brings the action, the parent who has care,
custody, or control of the child shall be served with the summons
either in the manner provided by law for the serving of a summons
in a civil action or by sending a copy of the summons and complaint
by registered mail, with proper postage prepaid, addressed to the
last known address of that parent, with request for a return
receipt. If service is made by registered mail, the production of
a return receipt purporting to be signed by the addressee creates a
rebuttable presumption that the summons and complaint have been
duly served. The presumption established by this section is a
presumption affecting the burden of producing evidence. The
respective rights of the parents to any award shall be determined
by the court.

(c) The father of an illegitimate child who maintains an action
under this section shall have acknowledged in writing prior to
the child's injury, in the presence of a competent witness, that
he is the father of the child, or, prior to the child's injury,
have been judicially determined to be the father of the child.

(d) A parent of an illegitimate child who does not maintain an
action under this section may be joined as a party thereto.

(e) A guardian may maintain an action for such an injury to his
or her ward.

(f) An action under this section may be maintained against the
person causing the injury. If any other person is responsible
for the wrongful act or neglect, the action may also be
maintained against the other person. The death of the child or
ward does not abate the parents' or guardian's cause of action
for the child's injury as to damages accruing before the child's
death.

(g) In an action under this section, damages may be awarded
that, under all of the circumstances of the case, may be just,
except that:

(1) In an action maintained after the death of the child, the
damages recoverable are as provided in Section 377.34.

(2) Where the person causing the injury is deceased, the
damages recoverable in an action against the decedent's
personal representative are as provided in Section 377.42.

(h) If an action arising out of the same wrongful act or neglect
may be maintained pursuant to Section 377.60 for wrongful death
of a child described in this section, the action authorized by
this section may be consolidated therewith for trial as provided
in Section 1048.

377.10.For the purposes of this chapter, "beneficiary of the
decedent's estate" means:

(a) If the decedent died leaving a will, the sole beneficiary or
all of the beneficiaries who succeed to a cause of action, or to
a particular item of property that is the subject of a cause of
action, under the decedent's will.

(b) If the decedent died without leaving a will, the sole person
or all of the persons who succeed to a cause of action, or to a
particular item of property that is the subject of a cause of
action, under Sections 6401 and 6402 of the Probate Code or, if
the law of a sister state or foreign nation governs succession to
the cause of action or particular item of property, under the law
of the sister state or foreign nation.

377.11.For the purposes of this chapter, "decedent's successor in
interest" means the beneficiary of the decedent's estate or other
successor in interest who succeeds to a cause of action or to a
particular item of the property that is the subject of a cause of
action.

377.20. (a) Except as otherwise provided by statute, a cause of
action for or against a person is not lost by reason of the
person's death, but survives subject to the applicable
limitations period.

(b) This section applies even though a loss or damage occurs
simultaneously with or after the death of a person who would
have been liable if the person's death had not preceded or
occurred simultaneously with the loss or damage.

377.21.A pending action or proceeding does not abate by the death of
a party if the cause of action survives.

377.22.Nothing in this chapter shall be construed as affecting the
assignability of causes of action.

377.30. A cause of action that survives the death of the person
entitled to commence an action or proceeding passes to the
decedent's successor in interest, subject to Chapter 1 (commencing
with Section 7000) of Part 1 of Division 7 of the
Probate Code, and an action may be commenced by the decedent's
personal representative or, if none, by the decedent's successor
in interest.

377.31. On motion after the death of a person who commenced an
action or proceeding, the court shall allow a pending action or
proceeding that does not abate to be continued by the decedent' s
personal representative or, if none, by the decedent's successor
in interest.

377.32. (a) The person who seeks to commence an action or proceeding
or to continue a pending action or proceeding as the decedent's
successor in interest under this article, shall execute and file
an affidavit or a declaration under penalty of perjury under the
laws of this state stating all of the following:

(1) The decedent's name.

(2) The date and place of the decedent's death.

(3) "No proceeding is now pending in California for
administration of the decedent's estate."

(4) If the decedent's estate was administered, a copy of the
final order showing the distribution of the decedent's cause
of action to the successor in interest.

(5) Either of the following, as appropriate, with facts in
support thereof:

(A) "The affiant or declarant is the decedent's successor
in interest (as defined in Section 377.11 of the California
Code of Civil Procedure) and succeeds to the decedent's
interest in the action or proceeding."

(B) "The affiant or declarant is authorized to act on
behalf of the decedent's successor in interest (as defined
in Section377.11 of the California Code of Civil Procedure)
with respect to the decedent's interest in the action or
proceeding."

(6) "No other person has a superior right to commence the action
or proceeding or to be substituted for the decedent in the
pending action or proceeding."

(7) "The affiant or declarant affirms or declares under penalty
of perjury under the laws of the State of California that the
foregoing is true and correct."

(b) Where more than one person executes the affidavit or
declaration under this section, the statements required by
subdivision (a) shall be modified as appropriate to reflect
that fact.

(c) A certified copy of the decedent's death certificate
shall be attached to the affidavit or declaration.

377.33.The court in which an action is commenced or continued under
this article may make any order concerning parties that is
appropriate to ensure proper administration of justice in the case,
including appointment of the decedent's successor in interest as a
special administrator or guardian ad litem.

377.34.In an action or proceeding by a decedent's personal
representative or successor in interest on the decedent's cause of
action, the damages recoverable are limited to the loss or damage
that the decedent sustained or incurred before death, including any
penalties or punitive or exemplary damages that the decedent would
have been entitled to recover had the decedent lived, and do not
include damages for pain, suffering, or disfigurement.

377.35.On or after January 1, 1993, this article applies to the
commencement of an action or proceeding the decedent was entitled
to commence, and to the continuation of an action or proceeding
commenced by the decedent, regardless of whether the decedent died
before, on, or after January 1, 1993.

377.40. Subject to Part 4 (commencing with Section 9000) of
Division 7 of the Probate Code governing creditor claims, a cause
of action against a decedent that survives may be asserted
against the decedent's personal representative or, to the extent
provided by statute, against the decedent's successor in
interest.

377.41. On motion, the court shall allow a pending action or
proceeding against the decedent that does not abate to be
continued against the decedent's personal representative or, to
the extent provided by statute, against the decedent's successor
in interest, except that the court may not permit an action or
proceeding to be continued against the personal representative
unless proof of compliance with Part 4 (commencing with Section 9000)
of Division 7 of the Probate Code governing creditor claims
is first made.

377.42. In an action or proceeding against a decedent's personal
representative or, to the extent provided by statute, against the
decedent's successor in interest, on a cause of action against
the decedent, all damages are recoverable that might have been
recovered against the decedent had the decedent lived except
damages recoverable under Section 3294 of the Civil Code or other
punitive or exemplary damages.

377.43. This article applies to the commencement on or after
January 1, 1993, of an action or proceeding against the decedent'
s personal representative or successor in interest, or to the
making of a motion on or after January 1, 1993, to continue a
pending action or proceeding against the decedent's personal
representative or successor in interest, regardless of whether
the decedent died before, on, or after January 1, 1993.

377.50. An action to establish the decedent's liability for
which the decedent was protected by insurance may be commenced or
continued against the decedent's estate as provided in Chapter 1

(commencing with Section 550) of Part 13 of Division 2 of the
Probate Code.

377.60. A cause of action for the death of a person caused by the
wrongful act or neglect of another may be asserted by any of the
following persons or by the decedent's personal representative on
their behalf:

(a) The decedent's surviving spouse, children, and issue of deceased
children, or, if none, the persons who would be entitled to the
property of the decedent by intestatesuccession.

(b) Whether or not qualified under subdivision (a), if they were
dependent on the decedent, the putative spouse, children of the
putative spouse, stepchildren, or parents. As used in this
subdivision, "putative spouse" means the surviving spouse of a void
or voidable marriage who is found by the court to have believed in
good faith that the marriage to the decedent was valid.

(c) A minor, whether or not qualified under subdivision (a) or (b),
if, at the time of the decedent's death, the minorresided for the
previous 180 days in the decedent's household and was dependent on
the decedent for one-half or more of the minor's support.

377.61. In an action under this article, damages may be awarded that,
under all the circumstances of the case, may be just, but may not
include damages recoverable under Section 377.34. The court
shall determine the respective rights in an award of the persons
entitled to assert the cause of action.

377.62. (a) An action under Section 377.30 may be joined with an
action under Section 377.60 arising out of the same wrongful act
or neglect.

(b) An action under Section 377.60 and an action under
Section 377.31 arising out of the same wrongful act or neglect
may be consolidated for trial as provided in Section 1048.

378. (a) All persons may join in one action as plaintiffs if:

(1) They assert any right to relief jointly, severally, or in
the alternative, in respect of or arising out of the same
transaction, occurrence, or series of transactions or
occurrences and if any question of law or fact common to all
these persons will arise in the action; or

(2) They have a claim, right, or interest adverse to the
defendant in the property or controversy which is the subject
of the action.

(b) It is not necessary that each plaintiff be interested as to every
cause of action or as to all relief prayed for. Judgment may be given
for one or more of the plaintiffs according to their respective right
to relief.

379. (a) All persons may be joined in one action as defendants if
there is asserted against them:

(1) Any right to relief jointly, severally, or in the
alternative, in respect of or arising out of the same
transaction, occurrence, or series of transactions or occurrences
and if any question of law or fact common to all these persons
will arise in the action; or

(2) A claim, right, or interest adverse to them in the property
or controversy which is the subject of the action.

(b) It is not necessary that each defendant be interested as to
every cause of action or as to all relief prayed for. Judgment
may be given against one or more defendants according to their
respective liabilities.

(c) Where the plaintiff is in doubt as to the person from whom
he or she is entitled to redress, he or she may join two or more
defendants, with the intent that the question as to which, if
any, of the defendants is liable, and to what extent, may be
determined between the parties.

379.5. When parties have been joined under Section 378 or 379,
the court may make such orders as may appear just to prevent any
party from being embarrassed, delayed, or put to undue expense,
and may order separate trials or make such other order as the
interests of justice may require.

382. If the consent of any one who should have been joined as
plaintiff cannot be obtained, he may be made a defendant, the
reason thereof being stated in the complaint; and when the question
is one of a common or general interest, of many persons, or when
the parties are numerous, and it is impracticable to bring them all
before the court, one or more may sue or defend for the benefit of
all.

383. (a) An association established to manage a common interest
development shall have standing to institute, defend, settle, or
intervene in litigation, arbitration, mediation, or administrative
proceedings in its own name as the real party in interest and
without joining with it the individual owners of the common
interest development, in matters pertaining to the following:

(1) Enforcement of the governing documents.

(2) Damage to the common areas.

(3) Damage to the separate interests which the association is
obligated to maintain or repair.

(4) Damage to the separate interests which arises out of, or is
integrally related to, damage to the common areas or separate
interests that the association is obligated to maintain or
repair.

(b) In any action maintained by an association pursuant to
paragraph (2), (3), or (4) of subdivision (a), the amount of damages
recovered by the association shall be reduced by the amount of damages
allocated to the association or its managing agents in direct proportion to
their percentage of fault based upon principles of comparative fault.
In such an action, the comparative fault of the association or its
managing agents may be raised by way of defense, but shall not be the
basis for any cross-action or separate action against the association
or its managing agents for contribution or implied indemnity, where
the only damage was sustained by the association or its members. It
is the intent of the Legislature in enacting this subdivision to
require that comparative fault be plead as an affirmative defense,
rather than a separate cause of action, where the only damage was
sustained by the association or its members.

(c) In any action involving damages described in paragraph

(2), (3), or (4) of subdivision (a), the defendant or cross-defendant
may allege and prove the comparative fault of the association or its
managing agents as a setoff to his or her liability even if the
association is not a party to the litigation or is no longer a party
whether by reason of settlement, dismissal, or otherwise.

(d) Subdivisions (b) and c apply to actions commenced on or
after January 1, 1993.

(e) Nothing in this section shall affect (1) any person's
liability under Section 1431 of the Civil Code, or (2) the
liability of the association or its managing agent for any act or
omission which causes damages to another.

384. (a) It is the intent of the Legislature in enacting this
section to ensure that the unpaid residuals in class action
litigation are distributed, to the extent possible, in a manner
designed either to further the purposes of the underlying causes of
action, or to promote justice for all Californians. The
Legislature finds that the use of funds collected by the State Bar
pursuant to this section for these purposes is in the public
interest, is a proper use of the funds, and is consistent with
essential public and governmental purposes.

(b) Except as provided in subdivision (d), prior to the entry of
any judgment in a class action established pursuant to
Section 382, the court shall determine the total amount that will be
payable to all class members, if all class members are paid the
amount to which they are entitled pursuant to the judgment. The
court shall also set a date when the parties shall report to the
court the total amount that was actually paid to the class
members. After the report is received, the court shall amend the
judgment to direct the defendant to pay the sum of the unpaid
residue, plus interest on that sum at the legal rate of interest
from the date of entry of the initial judgment, in any manner the
court determines is consistent with the objectives and purposes
of the underlying cause of action, including to child advocacy
programs and to the California Legal Corps, as established
pursuant to Section 6034 of the Business and Professions Code.

The court shall ensure that notice is given to the State Bar of
California of any such order.

(c) Nothing in this section shall create an obligation or pledge
of the credit of the State Bar of California. Neither the State
Bar nor its officers and employees shall be liable for damage or
injury arising out of any act or omission in the implementation
or administration of this section.

(d) This section shall not apply to any class action brought
against any public entity, as defined in Section 811.2 of the
Government Code, or against any public employee, as defined in
Section 811.4 of the Government Code. Provided, however, that
this section shall not be construed to abrogate any equitable cy
pres remedy which may be available in any class action with
regard to all or part of the residue.

386. (a) A defendant, against whom an action is pending upon a
contract, or for specific personal property, may, at any time
before answer, upon affidavit that a person not a party to the
action makes against him, and without any collusion with him, a
demand upon such contract, or for such property, upon notice to
such person and the adverse party, apply to the court for an order
to substitute such person in his place, and discharge him from
liability to either party, on his depositing in court the amount
claimed on the contract, or delivering the property or its value to
such person as the court may direct; and the court may, in its
discretion, make the order; or such defendant may file a verified
cross-complaint in interpleader, admitting that he has no interest
in such amount or such property claimed, or in a portion of such
amount or such property and alleging that all or such portion of
the amount or property is demanded by parties to such action or
cross-action and apply to the court upon notice to such parties for
an order to deliver such property or portion thereof or its value
to such person as the court shall direct. And whenever conflicting
claims are or may be made upon a person for or relating to personal
property, or the performance of an obligation, or any portion
thereof, such person may bring an action against the conflicting
claimants to compel them to interplead and litigate their several
claims. The order of substitution may be made and the action of
interpleader may be maintained, and the applicant or interpleading
party be discharged from liability to all or any of the conflicting
claimants, although their titles or claims have not a common
origin, or are not identical but are adverse to and independent of
one another.

(b) Any person, firm, corporation, association or other entity
against whom double or multiple claims are made, or may be made,
by two or more persons which are such that they may give rise to
double or multiple liability, may bring an action against the
claimants to compel them to interplead and litigate their several
claims.

When the person, firm, corporation, association or other entity
against whom such claims are made, or may be made, is a defendant
in an action brought upon one or more of such claims, it may
either file a verified cross-complaint in interpleader, admitting
that it has no interest in the money or property claimed, or in
only a portion thereof, and alleging that all or such portion is
demanded by parties to such action, and apply to the court upon
notice to such parties for an order to deliver such money or
property or such portion thereof to such person as the court
shall direct; or may bring a separate action against the
claimants to compel them to interplead and litigate their several
claims. The action of interpleader may be maintained although
the claims have not a common origin, are not identical but are
adverse to and independent of one another, or the claims are
unliquidated and no liability on the part of the party bringing
the action or filing the cross-complaint has arisen. The
applicant or interpleading party may deny liability in whole or
in part to any or all of the claimants. The applicant or
interpleading party may join as a defendant in such action any
other party against whom claims are made by one or more of the
claimants or such other party may interplead by cross-complaint;
provided, however, that such claims arise out of the same
transaction or occurrence.

(c) Any amount which a plaintiff or cross-complainant admits to
be payable may be deposited by him with the clerk of the court at
the time of the filing of the complaint or cross-complaint in
interpleader without first obtaining an order of the court
therefor. Any interest on amounts deposited and any right to
damages for detention of property so delivered, or its value,
shall cease to accrue after the date of such deposit or delivery.

(d) A defendant named in a complaint to compel conflicting
claimants to interplead and litigate their claims, or a defendant
named in a cross-complaint in interpleader, may, in lieu of or in
addition to any other pleading, file an answer to the complaint
or cross-complaint which shall be served upon all other parties
to the action and which shall contain allegations of fact as to
his ownership of or other interest in the amount or property and
any affirmative defenses and relief requested. The allegations
in such answer shall be deemed denied by all other parties to the
action, unless otherwise admitted in the pleadings.

(e) Except in cases where by the law a right to a jury trial is
now given, conflicting claims to funds or property or the value
thereof so deposited or delivered shall be deemed issues triable
by the court, and such issues may be first tried. In the event
the amount deposited shall be less than the amount claimed to be
due by one or more of the conflicting claimants thereto, or in
the event the property or the value thereof delivered is less
than all of the property or the value thereof claimed by one or
more of such conflicting claimants, any issues of fact involved
in determining whether there is a deficiency in such deposit or
delivery shall be tried by the court or a jury as provided in
Title 8 (commencing with Section 577) of Part 2 of this code.

(f) After any such complaint or cross-complaint in interpleader
has been filed, the court in which it is filed may enter its
order restraining all parties to the action from instituting or
further prosecuting any other proceeding in any court in this
state affecting the rights and obligations as between the parties
to the interpleader until further order of the court.

386.1. Where a deposit has been made pursuant to Section 386, the
court shall, upon the application of any party to the action, order
such deposit to be invested in an insured interest-bearing account.
Interest on such amount shall be allocated to the parties in the
same proportion as the original funds are allocated.

386.5. Where the only relief sought against one of the defendants is
the payment of a stated amount of money alleged to be wrongfully
withheld, such defendant may, upon affidavit that he is a mere
stakeholder with no interest in the amount or any portion thereof and
that conflicting demands have been made upon him for the amount by
parties to the action, upon notice to such parties, apply to the court
for an order discharging him from liability and dismissing him from
the action on his depositing with the clerk of the court the amount in
dispute and the court may, in its discretion, make such order.

386.6. (a) A party to an action who follows the procedure set forth
in Section 386 or 386.5 may insert in his motion, petition,
complaint, or cross complaint a request for allowance of his costs
and reasonable attorney fees incurred in such action. In ordering
the discharge of such party, the court may, in its discretion,
award such party his costs and reasonable attorney fees from the
amount in dispute which has been deposited with the court. At the
time of final judgment in the action the court may make such
further provision for assumption of such costs and attorney fees by
one or more of the adverse claimants as may appear proper.

(b) A party shall not be denied the attorney fees authorized by
subdivision (a) for the reason that he is himself an attorney,
appeared in pro se, and performed his own legal services.

387. (a) Upon timely application, any person, who has an interest
in the matter in litigation, or in the success of either of the
parties, or an interest against both, may intervene in the action
or proceeding. An intervention takes place when a third person is
permitted to become a party to an action or proceeding between
other persons, either by joining the plaintiff in claiming what is
sought by the complaint, or by uniting with the defendant in
resisting the claims of the plaintiff, or by demanding anything
adversely to both the plaintiff and the defendant, and is made by
complaint, setting forth the grounds upon which the intervention
rests, filed by leave of the court and served upon the parties to
the action or proceeding who have not appeared in the same manner
as upon the commencement of an original action, and upon the
attorneys of the parties who have appeared, or upon the party if he
has appeared without an attorney, in the manner provided for
service of summons or in the manner provided by Chapter 5 (commencing
with Section 1010) Title 14 of Part 2. A party served
with a complaint in intervention may within 30 days after service
move, demur, or otherwise plead to the complaint in the same manner
as to an original complaint.

(b) If any provision of law confers an unconditional right to
intervene or if the person seeking intervention claims an interest
relating to the property to transaction which is the subject of the
action and that person is so situated that the disposition of the
action may as a practical matter impair or impede that person's
ability to protect that interest, unless that person's interest is
adequately represented by existing parties, the court shall, upon
timely application, permit that person to intervene.

388. In an action brought by a party for relief of any nature other
than solely for money damages where a pleading alleges facts or
issues concerning alleged pollution or adverse environmental
effects which could affect the public generally, the party filing
the pleading shall furnish a copy to the Attorney General of the
State of California. The copy shall be furnished by the party
filing the pleading within 10 days after filing.

389. (a) A person who is subject to service of process and whose
joinder will not deprive the court of jurisdiction over the subject
matter of the action shall be joined as a party in the action if

(1) in his absence complete relief cannot be accorded among those
already parties or (2) he claims an interest relating to the
subject of the action and is so situated that the disposition of
the action in his absence may

(i) as a practical matter impair or impede his ability to
protect that interest or (ii) leave any of the persons already
parties subject to a substantial risk of incurring double,
multiple, or otherwise inconsistent obligations by reason of his
claimed interest. If he has not been so joined, the court shall
order that he be made a party.

(b) If a person as described in paragraph (1) or (2) of
subdivision (a) cannot be made a party, the court shall
determine whether in equity and good conscience the action
should proceed among the parties before it, or should be
dismissed wihout prejudice, the absent person being thus
regarded as indispensable. The factors to be considered by
the court include: (1) to what extent a judgment rendered in
the person's absence might be prejudicial to him or those
already parties; (2) the extent to which, by protective
provisions in the judgment, by the shaping of relief, or other
measures, the prejudice can be lessened or avoided; (3)
whether a judgment rendered in the person's absence will be
adequate; (4) whether the plaintiff or cross-complainant will
have an adequate remedy if the action is dismissed for
nonjoinder.

(c) A complaint or cross-complaint shall state the names, if
known to the pleader, of any persons as described in paragraph

(1) or (2) of subdivision (a) who are not joined, and the reasons
why they are not joined.

(d) Nothing in this section affects the law applicable to class
actions.

389.5. When, in an action for the recovery of real or personal
property, or to determine conflicting claims thereto, a person not a
party to the action but having an interest in the subject thereof
makes application to the court to be made a party, it may order him to
be brought in by the proper amendment.

391. As used in this title, the following terms have the following
meanings:

(a) "Litigation" means any civil action or proceeding,
commenced, maintained or pending in any state or federal court of
record.

(b) "Vexatious litigant" means a person who does any of the
following:

(1) In the immediately preceding seven-year period has
commenced, prosecuted, or maintained in propria persona at
least five litigations other than in a small claims court that
have been (i) finally determined adversely to the person or

(ii) unjustifiably permitted to remain pending at least two
years without having been brought to trial or hearing.

(2) After a litigation has been finally determined against
the person, repeatedly relitigates or attempts to relitigate,
in propria persona, either (i) the validity of the
determination against the same defendant or defendants as to
whom the litigation was finally determined or (ii) the cause
of action, claim, controversy, or any of the issues of fact or
law, determined or concluded by the final determination
against the same defendant or defendants as to whom the
litigation was finally determined.

(3) In any litigation while acting in propria persona,
repeatedly files unmeritorious motions, pleadings, or other
papers, conducts unnecessary discovery, or engages in other
tactics that are frivolous or solely intended to cause
unnecessary delay.

(4) Has previously been declared to be a vexatious litigant
by any state or federal court of record in any action or
proceeding based upon the same or substantially similar facts,
transaction, or occurrence.

(c) "Security" means an undertaking to assure payment, to the
party for whose benefit the undertaking is required to be
furnished, of the party's reasonable expenses, including
attorney's fees and not limited to taxable costs, incurred in or
in connection with a litigation instituted, caused to be
instituted, or maintained or caused to be maintained by a
vexatious litigant.

(d) "Plaintiff" means the person who commences, institutes or
maintains a litigation or causes it to be commenced, instituted
or maintained, including an attorney at law acting in propria
persona.

(e) "Defendant" means a person (including corporation,
association, partnership and firm or governmental entity) against
whom a litigation is brought or maintained or sought to be
brought or maintained.

391.1. In any litigation pending in any court of this state, at any
time until final judgment is entered, a defendant may move the
court, upon notice and hearing, for an order requiring the
plaintiff to furnish security. The motion must be based upon the
ground, and supported by a showing, that the plaintiff is a
vexatious litigant and that there is not a reasonable probability
that he will prevail in the litigation against the moving
defendant.

391.2. At the hearing upon such motion the court shall consider such
evidence, written or oral, by witnesses or affidavit, as may be
material to the ground of the motion. No determination made by the
court in determining or ruling upon the motion shall be or be
deemed to be a determination of any issue in the litigation or of
the merits thereof.

391.3. If, after hearing the evidence upon the motion, the court
determines that the plaintiff is a vexatious litigant and that
there is no reasonable probability that the plaintiff will prevail
in the litigation against the moving defendant, the court shall
order the plaintiff to furnish, for the benefit of the moving
defendant, security in such amount and within such time as the
court shall fix.

391.4. When security that has been ordered furnished is not furnished
as ordered, the litigation shall be dismissed as to the defendant
for whose benefit it was ordered furnished.

391.6. When a motion pursuant to Section 391.1 is filed prior to
trial the litigation is stayed, and the moving defendant need not
plead, until 10 days after the motion shall have been denied, or if
granted, until 10 days after the required security has been
furnished and the moving defendant given written notice thereof.
When a motion pursuant to Section 391.1 is made at any time
thereafter, the litigation shall be stayed for such period after
the denial of the motion or the furnishing of the required security
as the court shall determine.

391.7. (a) In addition to any other relief provided in this title,
the court may, on its own motion or the motion of any party, enter
a prefiling order which prohibits a vexatious litigant from filing
any new litigation in the courts of this state in propria persona
without first obtaining leave of the presiding judge of the court
where the litigation is proposed to be filed. Disobedience of such
an order by a vexatious litigant may be punished as a contempt of
court.

(b) The presiding judge shall permit the filing of such
litigation only if it appears that the litigation has merit and
has not been filed for the purposes of harassment or delay. The
presiding judge may condition the filing of the litigation upon
the furnishing of security for the benefit of the defendants as
provided in Section 391.3.

(c) The clerk shall not file any litigation presented by a
vexatious litigant subject to a prefiling order unless the
vexatious litigant first obtains an order from the presiding
judge permitting the filing. If the clerk mistakenly files the
litigation without such an order, any party may file with the
clerk and serve on the plaintiff and other parties a notice
stating that the plaintiff is a vexatious litigant subject to a
prefiling order as set forth in subdivision (a). The filing of
such a notice shall automatically stay the litigation. The
litigation shall be automatically dismissed unless the plaintiff
within 10 days of the filing of such notice obtains an order from
the presiding judge permitting the filing of the litigation as
set forth in subdivision (b). If the presiding judge issues an
order permitting the filing, the stay of the litigation shall
remain in effect, and the defendants need not plead, until 10
days after the defendants are served with a copy of any such order.

(d) The clerk of the court shall provide the Judicial Council a
copy of any prefiling orders issued pursuant to subdivision (a).
The Judicial Council shall maintain a record of vexatious
litigants subject to such prefiling orders and shall annually
disseminate a list of such persons to the clerks of the courts of
this state.

392. (1) Subject to the power of the court to transfer actions and
proceedings as provided in this title, the county in which the real
property, which is the subject of the action, or some part thereof,
is situated, is the proper county for the trial of the following
actions:

(a) For the recovery of real property, or of an estate or
interest therein, or for the determination in any form, of such
right or interest, and for injuries to real property;

(b) For the foreclosure of all liens and mortgages on real
property.

(2) The proper court for the trial of any such action, in the
county hereinabove designated as the proper county, shall be
determined as follows:

If there is a municipal or justice court, having jurisdiction of the
subject matter of the action, established in the city and county or
judicial district in which the real property which is the subject of
the action, or some part thereof, is situated, such court is the
proper court for the trial of such action; otherwise any court in such
county having jurisdiction of the subject matter of the action, is a
proper court for the trial thereof.

393. (1) Subject to the power of the court to transfer actions and
proceedings as provided in this title, the county in which the
cause, or some part thereof, arose, is the proper county for the
trial of the following actions:

(a) For the recovery of a penalty or forfeiture imposed by
statute; except, that when it is imposed for an offense committed
on a lake, river, or other stream of water, situated in two or
more counties, the action may be tried in any county bordering on
such lake, river, or stream, and opposite to the place where the
offense was committed;

(b) Against a public officer or person especially appointed to
execute his duties, for an act done by him in virtue of his
office; or against a person who, by his command or in his aid,
does anything touching the duties of such officer.

(2) The proper court for the trial of any such action, in the
county hereinabove designated as the proper county, shall be
determined as follows:
If there is a municipal or justice court, having jurisdiction of
the subject matter of the action, established in the city and
county or judicial district in which the cause, or some part
thereof, arose, such court is the proper court for the trial of
such action; otherwise, any court in such county, having
jurisdiction of the subject matter of the action, is a proper
court for the trial thereof. In the case of offenses committed
on a lake, river, or stream, hereinabove mentioned, the court,
having jurisdiction of the subject matter of the action, nearest
to the place where such offense was committed, in any county
mentioned in subdivision 1 of this section, is a proper court for
the trial of the action.

394. (1) An action or proceeding against a county, or city and
county, a city, or local agency, may be tried in such county, or
city and county, or the county in which such city or local agency
is situated, unless such action or proceeding is brought by a
county, or city and county, a city, or local agency, in which case
it may be tried in any county, or city and county, not a party
thereto and in which the city or local agency is not situated.

Whenever an action or proceeding is brought by a county, city and
county, city, or local agency within a certain county, or city and
county, against a resident of another county, city and county, or
city, or a corporation doing business in the latter, the action or
proceeding must be, on motion of either party, transferred for
trial to a county, or city and county, other than the plaintiff, if
the plaintiff is a county, or city and county, and other than that
in which the plaintiff is situated, if the plaintiff is a city, or
a local agency, and other than that in which the defendant resides,
or is doing business, or is situated. Whenever an action or
proceeding is brought against a county, city and county, city, or
local agency, in any county, or city and county, other than the
defendant, if the defendant is a county, or city and county, or, if
the defendant is a city, or local agency, other than that in which
the defendant is situated, the action or proceeding must be, on
motion of the said defendant, transferred for trial to a county, or
city and county, other than that in which the plaintiff, or any of
the plaintiffs, resides, or is doing business, or is situated, and
other than the plaintiff county, or city and county, or county in
which such plaintiff city or local agency is situated, and other
than the defendant county, or city and county, or county in which
such defendant city or local agency is situated; provided, however,
that any action or proceeding against the city, county, city and
county, or local agency for injury occurring within the city,
county, or city and county, or within the county in which such
local agency is situated, to person or property or person and
property caused by the negligence or alleged negligence of such
city, county, city and county, local agency, or its agents or
employees, shall be tried in such county, or city and county, or if
a city is a defendant, in such city or in the county in which such
city is situated, or if a local agency is a defendant, in such
county in which such local agency is situated. In any such action
or proceeding, the parties thereto may, by stipulation in writing,
or made in open court, and entered in the minutes, agree upon any
county, or city and county, for the place of trial thereof. When
the action or proceeding is one in which a jury is not of right, or
in case a jury be waived, then in lieu of transferring the cause
the court in the original county may request the chairman of the
Judicial Council to assign a disinterested judge from a neutral
county to hear said cause and all proceedings in connection
therewith. When such action or proceeding is transferred to
another county for trial, a witness required to respond to a
subpoena for a hearing within the original county shall be
compelled to attend hearings in the county to which the cause is
transferred. If the demand for transfer be made by one party and
the opposing party does not consent thereto the additional costs of
the nonconsenting party occasioned by the transfer of the cause,
including living and traveling expenses of said nonconsenting party
and material witnesses, found by the court to be material, and
called by such nonconsenting party, not to exceed five dollars ($5)
per day each in excess of witness fees and mileage otherwise
allowed by law, shall be assessed by the court hearing the cause
against the party requesting the transfer. To the extent of such
excess, such costs shall be awarded to the nonconsenting party
regardless of the outcome of the trial. This section shall apply
to actions or proceedings now pending or hereafter brought.

(2) Any court in a county hereinabove designated as a proper
county, which has jurisdiction of the subject matter of the action
or proceeding, is a proper court for the trial thereof.

(3) For the purposes of this section, "local agency" shall mean
any governmental district, board, or agency, or any other local
governmental body or corporation, but shall not include the State
of California or any of its agencies, departments, commissions,
or boards.

395. (a) Except as otherwise provided by law and subject to the
power of the court to transfer actions or proceedings as provided
in this title, the county in which the defendants or some of them
reside at the commencement of the action is the proper county for
the trial of the action. If the action is for injury to person or
personal property or for death from wrongful act or negligence,
either the county where the injury occurs or the injury causing
death occurs or the county in which the defendants, or some of them
reside at the commencement of the action, shall be a proper county
for the trial of the action. In a proceeding for dissolution of
marriage, the county in which the petitioner has been a resident
for three months next preceding the commencement of the proceeding
is the proper county for the trial of the proceeding. In a
proceeding to enforce an obligation of support under Section 3900
of the Family Code, the county in which the child resides is the
proper county for the trial of the action. In a proceeding to
establish and enforce a foreign judgment or court order for the
support of a minor child, the county in which the child resides is
the proper county for the trial of the action. Subject to
subdivision (b), when a defendant has contracted to perform an
obligation in a particular county, either the county where the
obligation is to be performed or in which the contract in fact was
entered into or the county in which the defendant or any such
defendant resides at the commencement of the action shall be a
proper county for the trial of an action founded on such
obligation, and the county in which the obligation is incurred
shall be deemed to be the county in which it is to be performed
unless there is a special contract in writing to the contrary. If
none of the defendants reside in the state or if residing in the
state and the county in which they reside is unknown to the
plaintiff, the action may be tried in any county which the
plaintiff may designate in his or her complaint, and, if the
defendant is about to depart from the state, the action may be
tried in any county where either of the parties reside or service
is made. If any person is improperly joined as a defendant or has
been made a defendant solely for the purpose of having the action
tried in the county or judicial district where he or she resides,
his or her residence shall not be considered in determining the
proper place for the trial of the action.

(b) Subject to the power of the court to transfer actions or
proceedings as provided in this title, in an action arising from
an offer or provision of goods, services, loans or extensions of
credit intended primarily for personal, family or household use,
other than an obligation described in Section 1812.10 or Section 2984.4
of the Civil Code, or an action arising from a transaction
consummated as a proximate result of an unsolicited telephone
call made by a seller engaged in the business of consummating
transactions of that kind, the county in which the buyer or
lessee in fact signed the contract, the county in which the buyer
or lessee resided at the time the contract was entered into, or
the county in which the buyer or lessee resides at the
commencement of the action is the proper county for the trial
thereof.

(c) If within the county there is a municipal or justice court
having jurisdiction of the subject matter established, in the
cases mentioned in subdivision (a), in the judicial district in
which the defendant or any defendant resides, in which the injury
to person or personal property or the injury causing death
occurs, or, in which the obligation was contracted to be
performed or, in cases mentioned in subdivision (b), in the
judicial district which the buyer or lessee resides, in which the
buyer or lessee in fact signed the contract, in which the buyer
or lessee resided at the time the contract was entered into, or
in which the buyer or lessee resides at the commencement of the
action, then such court is the proper court for the trial of such
action. Otherwise, any municipal or justice court in such county
having jurisdiction of the subject matter is a proper court for
the trial thereof.

(d) Any provision of an obligation described in subdivision

(b) or c waiving those subdivisions is void and unenforceable.

395.1. Except as otherwise provided in Section 17005 of the Probate
Code pertaining to trustees, when a defendant is sued in an
official or representative capacity as executor, administrator,
guardian, conservator, or trustee on a claim for the payment of
money or for the recovery of personal property, the county which
has jurisdiction of the estate which the defendant represents shall
be the proper county for the trial of the action.

395.2. If an unincorporated association has filed a statement with
the Secretary of State pursuant to Section 24003 of the
Corporations Code listing its principal office in this state, the
proper county for the trial of an action against such
unincorporated association is the same as it would be if the
unincorporated association were a corporation and, for the purpose
of determining such county, the principal place of business of the
unincorporated association shall be deemed to be the principal
office in this state listed in the statement.

395.5. A corporation or association may be sued in the county where
the contract is made or is to be performed, or where the
obligation or liability arises, or the breach occurs; or in the
county where the principal place of business of such corporation
is situated, subject to the power of the court to change the
place of trial as in other cases.

396. If an action or proceeding is commenced in a court which
lacks jurisdiction of the subject matter thereof, as
determined by the complaint or petition, if there is a court
of this state which has such jurisdiction, the action or
proceeding shall not be dismissed (except as provided in
Section 399, and subdivision 1 of Section 581) but shall,
on the application of either party, or on
the court's own motion, be transferred to a court having jurisdiction
of the subject matter which may be agreed upon by the parties, or, if
they do not agree, to a court having such jurisdiction which is
designated by law as a proper court for the trial or determination
thereof, and it shall thereupon be entered and prosecuted in the court
to which it is transferred as if it had been commenced therein, all
prior proceedings being saved. In any such case, if summons is served
prior to the filing of the action or proceeding in the court to which
it is transferred, as to any defendant, so served, who has not
appeared in the action or proceeding, the time to answer or otherwise
plead shall date from service upon such defendant of written notice of
filing of such action or proceeding in the court to which it is
transferred.

If an action or proceeding is commenced in or transferred to a court
which has jurisdiction of the subject matter thereof as determined by
the complaint or petition, and it thereafter appears from the verified
pleadings, or at the trial, or hearing, that the determination of the
action or proceeding, or of a cross-complaint, will necessarily
involve the determination of questions not within the jurisdiction of
the court, in which the action or proceeding is pending, the court,
whenever such lack of jurisdiction appears, must suspend all further
proceedings therein and transfer the action or proceeding and certify
the pleadings (or if the pleadings be oral, a transcript of the same),
and all papers and proceedings therein to a court having jurisdiction
thereof which may be agreed upon by the parties, or, if they do not
agree, to a court having such jurisdiction which is designated by law
as a proper court for the trial or determination thereof.
An action or proceeding which is transferred under the provisions of
this section shall be deemed to have been commenced at the time the
complaint or petition was filed in the court from which it was
originally transferred.

Nothing herein shall be construed to preclude or affect the right to
amend the pleadings as provided in this code.

Nothing herein shall be construed to require the superior court to
transfer any action or proceeding because the judgment to be
rendered, as determined at the trial or hearing, is one which might
have been rendered by a municipal or justice court in the same county
or city and county.

In any case where the lack of jurisdiction is due solely to an excess
in the amount of the demand, the excess may be remitted and the action
may continue in the court where it is pending.
Upon the making of an order for such transfer, proceedings shall be
had as provided in Section 399 of this code, the costs and fees
thereof, and of filing the case in the court to which transferred, to
be paid by the party filing the pleading in which the question outside
the jurisdiction of the court appears unless the court ordering the
transfer shall otherwise direct.

396a. In all actions and proceedings commenced in a justice or
municipal court which are subject to the provisions of Sections 1812.10
and 2984.4 of the Civil Code, or subdivision (b) of Section 395 
of the Code of Civil Procedure, or is an action or proceeding for
an unlawful detainer as defined in Section 1161 of the Code of Civil
Procedure plaintiff shall state facts in the complaint, verified by
his oath, or the oath of his attorney, or in an affidavit of the
plaintiff or of his attorney filed with the complaint, showing that
the action has been commenced in the proper court for the trial of
such action or proceeding, and showing that the action is subject to
the provisions of Sections 1812.10 and 2984.4 of the Civil Code or
subdivision (b) of Section 395 of the Code of Civil Procedure, or is
an action for an unlawful detainer. When such affidavit is filed with
the complaint, a copy thereof must be served with the summons. Except
as herein provided, if such complaint or affidavit be not so filed, no
further proceedings shall be had in the action or proceeding, except
to dismiss the same without prejudice. However, the court may, on
such terms as may be just, permit such affidavit to be filed
subsequent to the filing of the complaint, and a copy of such
affidavit shall be served on the defendant and the time to answer or
otherwise plead shall date from such service. If it appears from such
complaint or affidavit, or otherwise, that the court in which such
action or proceeding is commenced is not the proper court for the
trial thereof, the court in which such action or proceeding is
commenced, or a judge thereof, shall, whenever such fact appears,
transfer it to such proper court, on its own motion, or on motion of
the defendant, unless the defendant consents in writing, or in open
court (such consent in open court being entered in the minutes or
docket of the court), to the keeping of the action or proceeding in
the court where commenced. If such consent be given, the action or
proceeding may continue in the court where commenced. Notwithstanding
the provisions of Section 1801.1 and subdivision (f) of Section 2983.7
of the Civil Code that consent may be given by a defendant who is
represented by counsel at the time the consent is given, and where an
action or proceeding is subject to the provisions of subdivision (b)
of Section 395 of the Code of Civil Procedure or is for an unlawful
detainer, that consent may only be given by a defendant who is
represented by counsel at the time the consent is given. In any such
case where the transfer of the action or proceeding is ordered under
the provisions of this paragraph, if summons is served prior to the
filing of such action or proceeding in the court to which it is
transferred, as to any defendant, so served, who has not appeared in
the action or proceeding, the time to answer or otherwise plead shall
date from service upon such defendant of written notice of such
filing.

When it appears from such complaint or affidavit of the plaintiff that
the court in which such action or proceeding is commenced is a proper
court for the trial thereof, all proper proceedings may be had, and
the action or proceeding may be tried therein; provided, however, that
in such case a motion for a transfer of the action or proceeding may
be made as in other cases, within the time, upon the grounds, and in
the manner provided in this title, and if upon such motion it appears
that such action or proceeding is not pending in the proper court, or
should for other cause be transferred, the same shall be ordered
transferred as provided in this title.

When any such action or proceeding is ordered transferred as herein
provided, proceedings shall be had, and the costs and fees shall be
paid, as provided in Sections 398 and 399 of this code.

396b. (a) Except as otherwise provided in Section 396a, if an action
or proceeding is commenced in a court having jurisdiction of the
subject matter thereof, other than the court designated as the proper
court for the trial thereof, under this title, the action may,
notwithstanding, be tried in the court where commenced, unless the
defendant, at the time he or she answers, demurs, or moves to strike,
or, at his or her option, without answering, demurring, or moving to
strike and within the time otherwise allowed to respond to the
complaint, files with the clerk, a notice of motion for an order
transferring the action or proceeding to the proper court, together
with proof of service, upon the adverse party, of a copy of those
papers. Upon the hearing of the motion the court shall, if it appears
that the action or proceeding was not commenced in the proper court,
order the action or proceeding transferred to the proper court.

(b) In its discretion, the court may order the payment to the
prevailing party of reasonable expenses and attorney's fees
incurred in making or resisting the motion to transfer whether
or not that party is otherwise entitled to recover his or her
costs of action. In determining whether that order for expenses
and fees shall be made, the court shall take into consideration

(1) whether an offer to stipulate to change of venue was
reasonably made and rejected, and (2) whether the motion or
selection of venue was made in good faith given the facts
and law the party making the motion or selecting the venue
knew or should have known. As between the party and his or
her attorney, those expenses and fees shall be the personal
liability of the attorney not chargeable to the party.

Sanctions shall not be imposed pursuant to this subdivision
except on notice contained in a party's papers, or on the
court' s own noticed motion, and after opportunity to be
heard.

(c) The court in a proceeding for dissolution of
marriage or legal separation, may, prior to the
determination of the motion to transfer, consider and
determine motions for allowance of temporary spousal
support, support of children, counsel fees and costs, and
make all necessary and proper orders in connection
therewith.

(d) In any case, if an answer is filed, the court may
consider opposition to the motion to transfer, if any,
and may retain the action in the county where commenced
if it appears that the convenience of the witnesses or
the ends of justice will thereby be promoted.

(e) If the motion to transfer is denied, the court shall
allow the defendant time to move to strike, demur, or
otherwise plead if the defendant has not previously filed
a response.

397. The court may, on motion, change the place of trial in the
following cases:

(a) When the court designated in the complaint is not the proper
court.

(b) When there is reason to believe that an impartial trial
cannot be had therein.

(c) When the convenience of witnesses and the ends of justice
would be promoted by the change.

(d) When from any cause there is no judge of the court qualified
to act.

(e) When a proceeding for dissolution of marriage has been filed
in the county in which the petitioner has been a resident for
three months next preceding the commencement of the proceeding,
and the respondent at the time of the commencement of the
proceeding is a resident of another county in this state, to the
county of the respondent's residence when the ends of justice
would be promoted by the change. If a motion to change the place
of trial is made pursuant to this paragraph, the court may, prior
to the determination of such motion, consider and determine
motions for allowance of temporary spousal support, support of
children, temporary restraining orders, attorneys' fees, and
costs, and make all necessary and proper orders in connection
therewith.

397.5. In any proceeding under the Family Law Act, Part 5 (commencing
with Section 4000) of Division 4 of the Civil Code, when it appears
that both petitioner and respondent have moved from the county
rendering the decree, the court may, when the ends of justice and
the convenience of the parties would be promoted by the change,
order that the proceedings be transferred to the county of
residence of either party.

398. If, for any cause, specified in subdivisions 2, 3 and 4 of
section 397, the court orders the transfer of an action or
proceeding, it must be transferred to a court having jurisdiction
of the subject matter of the action which the parties may agree
upon, by stipulation in writing, or made in open court and entered
in the minutes or docket; or, if they do not so agree, then to the
nearest or most accessible court, where the like objection or cause
for making the order does not exist.

If an action or proceeding is commenced in a court, other than one
designated as a proper court for the trial thereof by the
provisions of this title, and the same be ordered transferred for
that reason, it must be transferred to any such proper court which
the parties may agree upon by stipulation in writing, or made in
open court and entered in the minutes or docket; if the parties do
not so agree, then to any such proper court in the county in which
the action or proceeding was commenced which the defendant may
designate, or, if there be no such proper court in such county, to
any such proper court, in a proper county, designated by the
defendant; if the parties do not so agree, and the defendant does
not so designate the court, as herein provided, or where the court
orders the transfer of an action on its own motion as provided in
this title, to such proper court as the court in which the action
or proceeding is pending may determine.

The designation of the court by the defendant, herein provided for,
may be made in the notice of motion for change of venue or in open
court, entered in the minutes or docket, at the time the order for
transfer is made.

399. When an order is made transferring an action or proceeding
under any of the provisions of this title, the clerk shall, after
expiration of the time within which a petition for writ of mandate
could have been filed pursuant to Section 400, or if such petition
is filed after judgment denying the writ becomes final, and upon
payment of the costs and fees, transmit the pleadings and papers
therein (or if the pleadings be oral a transcript of the same) to
the clerk of the court to which the same is transferred. When the
transfer is sought on any ground specified in subdivisions 2, 3, 4
and 5 of Section 397, the costs and fees thereof, and of filing the
papers in the court to which the transfer is ordered, shall be paid
at the time the notice of motion is filed, by the party making the
motion for the transfer. When the transfer is sought solely, or is
ordered, because the action or proceeding was commenced in a court
other than that designated as proper by this title, such costs and
fees (including any expenses and attorney's fees awarded defendant
pursuant to Section 396b) shall be paid by the plaintiff before
such transfer is made; and if, in any such case, the defendant has
paid such costs and fees at the time of filing his or her notice of
motion, the same shall be repaid to the defendant, upon the making
of such order. If such costs and fees have not been so paid by
the plaintiff within five days after service of notice of such
order, then any other party interested therein, whether named in
the complaint as a party or not, may pay such costs and fees, and
the clerk shall thereupon transmit the papers and pleadings therein
as if such costs and fees had been originally paid by the
plaintiff, and the same shall be a proper item of costs of the
party so paying the same, recoverable by such party in the event he
or she prevails in the action; otherwise, the same shall be offset
against and deducted from the amount, if any, awarded the plaintiff
in the event the plaintiff prevails against such party in such
action. The cause of action shall not be further prosecuted in any
court until such costs and fees are paid. If such costs and fees
are not paid within 30 days after service of notice of such order,
or if a copy of a petition for writ of mandate pursuant to Section

400 is filed in the trial court, or if an appeal is taken pursuant
to Section 904.2 or 904.3, then within 30 days after notice of
finality of the order of transfer, the court on a duly noticed
motion by any party may dismiss the action without prejudice to the
cause on the condition that no other action on the cause may be
commenced in another court prior to satisfaction of the court's
order for costs and fees. When a petition for writ of mandate or
appeal does not result in a stay of proceedings, the time for
payment of such costs shall be 60 days after service of the notice
of the order.

At the time of transmittal of the papers and pleadings, the clerk
shall mail notice to all parties who have appeared in the action or
special proceeding, stating the date on which such transmittal
occurred. Promptly upon receipt of such papers and pleadings, the
clerk of the court to which the action or proceeding is transferred
shall mail notice to all parties who have appeared in the action or
special proceeding, stating the date of the filing of the case and
number assigned to the case in such court.

The court to which an action or proceeding is transferred under
this title shall have and exercise over the same the like
jurisdiction as if it had been originally commenced therein, all
prior proceedings being saved, and such court may require such
amendment of the pleadings, the filing and service of such amended,
additional, or supplemental pleadings, and the giving of such
notice, as may be necessary for the proper presentation and
determination of the action or proceeding in such court.

400. When an order is made by the superior court granting or
denying a motion to change the place of trial, the party aggrieved
by such order may, within 20 days after service of a written notice
of the order, petition the court of appeal for the district in
which the court granting or denying the motion is situated for a
writ of mandate requiring trial of the case in the proper court.

The superior court may, for good cause, and prior to the expiration
of the initial 20-day period, extend the time for one additional
period not to exceed 10 days. The petitioner shall file a copy of
such petition in the trial court immediately after the petition is
filed in the court of appeal.

The court of appeal may stay all proceedings in the case, pending
judgment on the petition becoming final. The clerk of the court of
appeal shall file with the clerk of the trial court, a copy of any
final order or final judgment immediately after such order or
judgment becomes final.

401. (a) Whenever it is provided by any law of this State that an
action or proceeding against the State or a department,
institution, board, commission, bureau, officer or other agency
thereof shall or may be commenced in, tried in, or removed to the
County of Sacramento, the same may be commenced and tried in any
city or city and county of this State in which the Attorney General
has an office.

(2) Whenever it is provided by any law of this State that the
State or a department, institution, board, commission, bureau, officer
or other agency thereof shall or may commence an action or proceeding
in the County of Sacramento, the same, on motion of the defendants or
some of them, shall be removed for trial to the county or city and
county in which the Attorney General has an office nearest to the
county in which the defendants or some of them reside or have their
principal office in this State.

402. The presiding judge of a municipal or justice court district
may order, for the convenience of the court, that any case pending
trial be transferred to a contiguous municipal or justice court
district in the same county if the presiding judge in the district
to which the case is proposed to be transferred consents to the
transfer and notice thereof is given to the parties or their
attorneys at least 10 days in advance of the date fixed for trial.
No fees shall be charged for the transfer of any case pursuant to
this section.

404. When civil actions sharing a common question of fact or law
are pending in different courts, the presiding or sole judge of any
such court, on his own motion or the motion of any party supported
by an affidavit stating facts showing that the actions meet the
standards specified in Section 404.1, or all the parties plaintiff
or defendant in any such action, supported by an affidavit stating
facts showing that the actions meet the standards specified in
Section 404.1, may request the Chairman of the Judicial Council to
assign a judge to determine whether coordination of the actions is
appropriate and a judge shall be so assigned to make that
determination.

Notwithstanding any other provision of law, when civil actions
sharing a common question of fact or law are pending in a superior
court and in a municipal or justice court of the same county, the
superior court may, on the motion of any party supported by an
affidavit stating facts showing that the actions meet the standards
specified in Section 404.1, order transfer from the municipal or
justice court and consolidation of the actions in the superior
court.

404.1. Coordination of civil actions sharing a common question of
fact or law is appropriate if one judge hearing all of the
actions for all purposes in a selected site or sites will promote
the ends of justice taking into account whether the common
question of fact or law is predominating and significant to the
litigation; the convenience of parties, witnesses, and counsel;
the relative development of the actions and the work product of
counsel; the efficient utilization of judicial facilities and
manpower; the calendar of the courts; the disadvantages of
duplicative and inconsistent rulings, orders, or judgments; and,
the likelihood of settlement of the actions without further
litigation should coordination be denied.

404.2. If he determines that coordination is appropriate, the
assigned judge shall select the reviewing court having appellate
jurisdiction if the actions to be coordinated are within the
jurisdiction of more than one reviewing court. The assigned
judge shall select the reviewing court which will promote the
ends of justice as determined under the standards specified in
Section 404.1.

404.3. (a) If the assigned judge determines that coordination is
appropriate, he shall order the actions coordinated, report that
fact to the Chairman of the Judicial Council, and the Chairman of
the Judicial Council shall assign a judge to hear and determine
the actions in the site or sites the assigned judge finds
appropriate.

(b) When an action pending in a superior court is sought to be
coordinated with an action pending in a municipal or justice
court located in the same county, the assigned judge may as an
alternative to coordination order the municipal or justice court
action transferred to the superior court and consolidated with
the superior court action.

404.4. The presiding or sole judge of any court in which there is
pending an action sharing a common question of fact or law with
coordinated actions, on his own motion or the motion of any party
supported by an affidavit stating facts showing that the action
meets the standards specified in Section 404.1, or all the
parties plaintiff or defendant in any such action, supported by
an affidavit stating facts showing that the action meets the
standards specified in Section 404.1, may request the judge
assigned to hear the coordinated actions for an order
coordinating such action. Coordination of such action shall be
determined under the standards specified in Section 404.1.

404.5. Pending any determination of whether coordination is
appropriate, the judge making that determination may stay any
action being considered for, or affecting an action being
considered for, coordination.

404.6. Within 20 days after service upon him or her of a written
notice of entry of an order of the court under this chapter, any
party may petition the appropriate reviewing court for a writ of
mandate to require the court to make such order as the reviewing
court finds appropriate. The superior court may, for good cause,
and prior to the expiration of the initial 20-day period, extend
the time for one additional period not to exceed 10 days.

404.7. Notwithstanding any other provision of law, the Judicial
Council shall provide by rule the practice and procedure for
coordination of civil actions in convenient courts, including
provision for giving notice and presenting evidence.

404.8. Expenses of the assigned judge, other necessary judicial
officers and employees, and facilities shall be paid or
reimbursed by the state from funds appropriated to the Judicial
Council.

405. The definitions in this chapter govern the construction of
this title.

405.1. "Claimant" means a party to an action who asserts a real
property claim and records a notice of the pendency of the
action.

405.2. "Notice of pendency of action" or "notice" means a notice of
the pendency of an action in which a real property claim is
alleged.

405.20.A party to an action who asserts a real property claim
may record a notice of pendency of action in which that real
property claim is alleged. The notice shall be recorded in
the office of the recorder of each county in which all or part
of the real property is situated. The notice shall contain
the names of all parties to the action and a description of
the property affected by the action.

405.21.An attorney of record in an action may sign a notice of
pendency of action. Alternatively, a judge of the court in
which an action that includes a real property claim is pending
may, upon request of a party thereto, approve a notice of
pendency of action. A notice of pendency of action shall not
be recorded unless (a) it has been signed by the attorney of
record, (b) it is signed by a party acting in propria persona
and approved by a judge as provided in this section or c the
action is subject to Section 405.6.

405.22.Except in actions subject to Section 405.6, the claimant
shall, prior to recordation of the notice, cause a copy of the
notice to be mailed, by registered or certified mail, return
receipt requested, to all known addresses of the parties to
whom the real property claim is adverse and to all owners of
record of the real property affected by the real property
claim as shown by the latest county assessment roll or more
recent assessment information in the possession of the county
assessor.

If there is no known address for service on an adverse party
or owner, then as to that party or owner a declaration under
penalty of perjury to that effect shall be recorded instead of
the proof of service required above, and the service on that
party or owner shall not be required. Immediately following
recordation, a copy of the notice shall also be filed with the
court in which the action is pending. Service shall also be
made immediately and in the same manner upon each adverse
party later joined in the action.

405.23.Any notice of pendency of action shall be void and
invalid as to any adverse party or owner of record unless the
requirements of Section 405.22 are met for that party or owner
and a proof of service in the form and content specified in
Section 1013a has been recorded with the notice of pendency of
action.

405.24.From the time of recording the notice of pendency of
action, a purchaser, encumbrancer, or other transferee of the
real property described in the notice shall be deemed to have
constructive notice of the pendency of the noticed action as
it relates to the real property and only of its pendency
against parties not fictitiously named. The rights and
interest of the claimant in the property, as ultimately
determined in the pending noticed action, shall relate back to
the date of the recording of the notice.

405.3. "Probable validity," with respect to a real property claim,
means that it is more likely than not that the claimant will
obtain a judgment against the defendant on the claim.

405.30.At any time after notice of pendency of action has been
recorded, any party, or any nonparty with an interest in the
real property affected thereby, may apply to the court in
which the action is pending to expunge the notice. However, a
person who is not a party to the action shall obtain leave to
intervene from the court at or before the time the party
brings the motion to expunge the notice. Evidence or
declarations may be filed with the motion to expunge the
notice. The court may permit evidence to be received in the
form of oral testimony, and may make any orders it deems just
to provide for discovery by any party affected by a motion to
expunge the notice. The claimant shall have the burden of
proof under Sections 405.31 and 405.32.

405.31.In proceedings under this chapter, the court shall order
the notice expunged if the court finds that the pleading on
which the notice is based does not contain a real property
claim. The court shall not order an undertaking to be given
as a condition of expunging the notice where the court finds
the pleading does not contain a real property claim.

405.32.In proceedings under this chapter, the court shall order
that the notice be expunged if the court finds that the
claimant has not established by a preponderance of the
evidence the probable validity of the real property claim.
The court shall not order an undertaking to be given as a
condition of expunging the notice if the court finds the
claimant has not established the probable validity of the real
property claim.

405.33.In proceedings under this chapter, the court shall order
that the notice be expunged if the court finds that the real
property claim has probable validity, but adequate relief can
be secured to the claimant by the giving of an undertaking.

The expungement order shall be conditioned upon the giving of
the undertaking of such nature and in such amount as will
indemnify the claimant for all damages proximately resulting
from the expungement which the claimant may incur if the
claimant prevails upon the real property claim. In its order
conditionally expunging the notice, the court shall set a
return date for the moving party to show fulfillment of the
condition, and if the moving party fails to show fulfillment
of the condition on the return day, the court shall deny the
motion to expunge without further notice or hearing. Recovery
may be had on the undertaking pursuant to Section 996.440.
For purposes only of determining under this section whether
the giving of an undertaking will secure adequate relief to
the claimant, the presumption of Section 3387 of the Civil
Code that real property is unique shall not apply, except in
the case of real property improved with a single-family
dwelling which the claimant intends to occupy.

405.34.Subject to the provisions of Sections 405.31 and 405.32,
at any time after a notice of pendency of action has
been recorded, and regardless of whether a motion to expunge
has been filed, the court may, upon motion by any person with
an interest in the property, require the claimant to give the
moving party an undertaking as a condition of maintaining the
notice in the record title. However, a person who is not a
party to the action shall obtain leave to intervene from the
court at or before the time the person moves to require an
undertaking. The court may permit evidence to be received in
the form of oral testimony and may make any orders it deems
just to provide for discovery by any affected party. An
undertaking required pursuant to this section shall be of such
nature and in such amount as the court may determine to be
just. In its order requiring an undertaking, the court shall
set a return date for the claimant to show compliance and if
the claimant fails to show compliance on the return date, the
court shall order the notice of pendency of action expunged
without further notice or hearing.

Recovery on an undertaking required pursuant to this section
may be had in an amount not to exceed the undertaking,
pursuant to Section 996.440, upon a showing (a) that the
claimant did not prevail on the real property claim and (b)
that the person seeking recovery suffered damages as a result
of the maintenance of the notice. In assessing these damages,
the court shall not consider the claimant's intent or the
presence or absence of probable cause.

405.35.No order expunging a notice of pendency of action shall
be effective, nor shall it be recorded in the office of any
county recorder, until the time within which a petition for
writ of mandate may be filed pursuant to Section 405.39 has
expired. No order expunging a notice of pendency of action
shall be effective, nor shall it be recorded in the office of
any county recorder, after a petition for writ of mandate has
been timely filed pursuant to Section 405.39, until the
proceeding commenced by the petition is finally adjudicated.

This section imposes no duty on the county recorder to
determine whether the requirements of this section or of any
order expunging a notice of pendency of action have been met.

405.36.Once a notice of pending action has been expunged, the
claimant may not record another notice of pending action as to
the affected property without leave of the court in which the
action is pending.

405.37.After notice and hearing, for good cause and upon such
terms as are just, the court may exonerate or modify any
undertaking required by an order issued pursuant to Section 405.33
or 405.34 or pursuant to a stipulation made in lieu of
such an order. An order of the court under this section may
be made conditional upon the giving of a new undertaking under
Section 405.33 or 405.34.

405.38.The court shall direct that the party prevailing on any
motion under this chapter be awarded the reasonable attorney'
s fees and costs of making or opposing the motion unless the
court finds that the other party acted with substantial
justification or that other circumstances make the imposition
of attorney's fees and costs unjust.

405.39.No order or other action of the court under this chapter
shall be appealable. Any party aggrieved by an order made on
a motion under this chapter may petition the proper reviewing
court to review the order by writ of mandate. The petition
for writ of mandate shall be filed and served within 20 days
of service of written notice of the order by the court or any
party. The court which issued the order may, within the
initial 20-day period, extend the initial 20-day period for
one additional period not to exceed 10 days. A copy of the
petition for writ of mandate shall be delivered to the clerk
of the court which issued the order with a request that it be
placed in the court file.

405.4. "Real property claim" means the cause or causes of action in
a pleading which would, if meritorious, affect (a) title to, or
the right to possession of, specific real property or (b) the use
of an easement identified in the pleading, other than an easement
obtained pursuant to statute by any regulated public utility.

405.5. This title applies to an action pending in any United States
District Court in the same manner that it applies to an action
pending in the courts of this state.

405.50. At any time after notice of pendency of an action has
been recorded pursuant to this title or other law, the notice may
be withdrawn by recording in the office of the recorder in which
the notice of pendency was recorded a notice of withdrawal
executed by the party who recorded the notice of pendency of
action or by the party's successor in interest. The notice of
withdrawal shall be acknowledged.

405.6. In an action by a public agency in eminent domain pursuant
to Title 7 (commencing with Section 1230.010) of Part 3, the
issuance, service, and recordation of a notice of pendency of
action shall be governed by Section 1250.150 and shall not be
subject to Chapter 2 (commencing with Section 405.20).

405.60.Upon the withdrawal of a notice of pendency of action
pursuant to Section 405.50 or upon recordation of a certified
copy of an order expunging a notice of pendency of action
pursuant to this title, neither the notice nor any information
derived from it, prior to the recording of a certified copy of
the judgment or decree issued in the action, shall constitute
actual or constructive notice of any of the matters contained,
claimed, alleged, or contended therein, or of any of the
matters related to the action, or create a duty of inquiry in
any person thereafter dealing with the affected property.

405.61.Upon the withdrawal of a notice of pendency of action
pursuant to Section 405.50 or upon recordation of a certified
copy of an order expunging a notice of pendency of action
pursuant to this title, no person except a nonfictitious party
to the action at the time of recording of the notice of
withdrawal or order, who thereafter becomes, by conveyance
recorded prior to the recording of a certified copy of the
judgment or decree issued in the action, a purchaser,
transferee, mortgagee, or other encumbrancer for a valuable
consideration of any interest in the real property subject to
the action, shall be deemed to have actual knowledge of the
action or any of the matters contained, claimed, or alleged
therein, or of any of the matters related to the action,
irrespective of whether that person possessed actual knowledge
of the action or matter and irrespective of when or how the
knowledge was obtained.

It is the intent of the Legislature that this section shall provide
for the absolute and complete free transferability of real property
after the expungement or withdrawal of a notice of pendency of action.

405.7. Whenever an action is commenced to declare a building
uninhabitable, the plaintiff public agency, at the time of filing
the complaint, shall record in the office of the recorder of the
county in which the building is situated, a notice of the
pendency of the action, containing the names of the parties and a
description of the real property upon which the building affected
by the action is situated.

405.8. Nothing in this title precludes any party from seeking an
attachment, injunction, or other relief in connection with a real
property claim or the expungement of a notice of pending action.

410.10.A court of this state may exercise jurisdiction on any basis
not inconsistent with the Constitution of this state or of the
United States.

410.30. (a) When a court upon motion of a party or its own
motion finds that in the interest of substantial justice an
action should be heard in a forum outside this state, the court
shall stay or dismiss the action in whole or in part on any
conditions that may be just.

(b) The provisions of Section 418.10 do not apply to a motion to
stay or dismiss the action by a defendant who has made a general
appearance.

410.40.Any person may maintain an action or proceeding in a court of
this state against a foreign corporation or nonresident person
where the action or proceeding arises out of or relates to any
contract, agreement, or undertaking for which a choice of
California law has been made in whole or in part by the parties
thereto and which (a) is a contract, agreement, or undertaking,
contingent or otherwise, relating to a transaction involving in the
aggregate not less than one million dollars ($1,000,000), and (b)
contains a provision or provisions under which the foreign
corporation or nonresident agrees to submit to the jurisdiction of
the courts of this state.

This section applies to contracts, agreements, and undertakings
entered into before, on, or after its effective date; it shall be
fully retroactive. Contracts, agreements, and undertakings
selecting California law entered into before the effective date of
this section shall be valid, enforceable, and effective as if this
section had been in effect on the date they were entered into; and
actions and proceedings commencing in a court of this state before
the effective date of this section may be maintained as if this
section were in effect on the date they were commenced.

410.42.The following provisions of a contract between the contractor
and a subcontractor with principal offices in this state, for the
construction of a public or private work of improvement in this
state, shall be void and unenforceable:

(a) A provision which purports to require any dispute between
the parties to be litigated, arbitrated, or otherwise determined
outside this state.

(b) A provision which purports to preclude a party from
commencing such a proceeding or obtaining a judgment or other
resolution in this state or the courts of this state.
For purposes of this section, "construction" means any work or
services performed on, or materials provided for, a work of
improvement, as defined in Section 3106 of the Civil Code, and
for which a lien may be claimed pursuant to Section 3110 of the
Civil Code (whether or not a lien is in fact claimed) or for
which such a lien could be claimed but for Section 3109. 410.50.

(a) Except as otherwise provided by statute, the court in which
an action is pending has jurisdiction over a party from the time
summons is served on him as provided by Chapter 4 (commencing
with Section 413.10). A general appearance by a party is
equivalent to personal service of summons on such party.

(b) Jurisdiction of the court over the parties and the subject
matter of an action continues throughout subsequent proceedings
in the action.

410.60. In an action against a corporation which has forfeited its
charter or right to do business, or has dissolved, the court in which
the action is pending has jurisdiction over all the trustees of such
corporation and of its stockholders or members from the time summons
is served on one of the trustees as provided by Chapter 4 (commencing
with Section 413.10). 410.70. In an action against two or more
persons who are jointly, jointly and severally, or severally liable on
a contract, the court in which the action is pending has jurisdiction
to proceed against such of the defendants as are served as if they
were the only defendants.

411.10. A civil action is commenced by filing a complaint with the
court.

411.20. (a) If the clerk accepts for filing a complaint or other
first paper, or any subsequent filing, and payment is made by check
which is later returned without payment, the clerk shall, by mail,
notify the party tendering the check that he or she has 20 days from
the date of mailing of the notice within which to pay the fee, either
by cash or by certified check. The clerk's certificate as to the
mailing of notice pursuant to this section establishes a rebuttable
presumption that the fees were not paid. This presumption is a
presumption affecting the burden of producing evidence.

(b) If, after the 20-day period following the mailing of notice,
the party tendering a check that is returned without payment has
not paid the fee either by cash or certified check, the clerk
shall void the filing. Any filing voided by this section can be
disposed of without microfilming immediately after the 20 days
have elapsed.

(c) If an adverse party files a pleading in response to a
complaint, paper or filing referred to in subdivision (a),
together with a filing fee, and the original filing is voided
pursuant to subdivision (b), the adverse party's filing is not
required, and the adverse party's filing fee shall be refunded
upon request. If an adverse party tenders a check that is
returned without payment, the procedures in subdivisions (a)
and (b) shall apply.

411.35. (a) In every action, including a cross-complaint for damages
or indemnity, arising out of the professional negligence of a person
holding a valid architect's certificate issued pursuant to 
Chapter 3 (commencing with Section 5500) of Division 3 of the Business
and Professions Code, or of a person holding a valid registration as a
professional engineer issued pursuant to Chapter 7 (commencing with
Section 6700) of Division 3 of the Business and Professions Code, or a
person holding a valid land surveyor's license issued pursuant to
Chapter 15 (commencing with Section 8700) of Division 3 of the
Business and Professions Code on or before the date of service of the
complaint on any defendant, the plaintiff's attorney shall file the
certificate specified by subdivision (b).

(b) A certificate shall be executed by the attorney for the plaintiff
or cross-complainant declaring one of the following:

(1) That the attorney has reviewed the facts of the case, that
the attorney has consulted with at least one architect,
professional engineer, or land surveyor who is licensed to
practice and practices in this state or any other state, or who
teaches at an accredited college or university and is licensed to
practice in this state or any other state, in the same discipline
as the defendant or cross-defendant and who the attorney
reasonably believes is knowledgeable in the relevant issues
involved in the particular action, and that the attorney has
concluded on the basis of such review and consultation that there
is reasonable and meritorious cause for the filing of such
action. The person consulted may not be a party to the
litigation.

(2) That the attorney was unable to obtain the consultation
required by paragraph (1) because a statute of limitations would
impair the action and that the certificate required by paragraph

(1) could not be obtained before the impairment of the action.
If a certificate is executed pursuant to this paragraph, the
certificate required by paragraph (1) shall be filed within 60
days after filing the complaint.

(3) That the attorney was unable to obtain the consultation
required by paragraph (1) because the attorney had made three
separate good faith attempts with three separate architects,
professional engineers, or land surveyors to obtain such
consultation and none of those contacted would agree to such a
consultation.

(c) Where a certificate is required pursuant to this section,
only one certificate shall be filed, notwithstanding that
multiple defendants have been named in the complaint or may be
named at a later time.

(d) Where the attorney intends to rely solely on the doctrine
of "res ipsa loquitur," as defined in Section 646 of the
Evidence Code, or exclusively on a failure to inform of the
consequences of a procedure, or both, this section shall be
inapplicable. The attorney shall certify upon filing of the
complaint that the attorney is solely relying on the doctrines
of "res ipsa loquitur" or failure to inform of the
consequences of a procedure or both, and for that reason is
not filing a certificate required by this section.

(e) For purposes of this section, and subject to Section 912
of the Evidence Code, an attorney who submits a certificate as
required by paragraph (1) or (2) of subdivision (b) has a
privilege to refuse to disclose the identity of the architect,
professional engineer, or land surveyor consulted and the
contents of the consultation. The privilege shall also be
held by the architect, professional engineer, or land surveyor
so consulted. If, however, the attorney makes a claim under
paragraph (3) of subdivision (b) that he or she was unable to
obtain the required consultation with the architect,
professional engineer, or land surveyor, the court may require
the attorney to divulge the names of architects, professional
engineers, or land surveyors refusing the consultation.

(f) A violation of this section may constitute unprofessional
conduct and be grounds for discipline against the attorney,
except that the failure to file the certificate required by
paragraph (1) of subdivision (b), within 60 days after filing
the complaint and certificate provided for by paragraph (2) of
subdivision (b), shall not be grounds for discipline against
the attorney.

(g) The failure to file a certificate in accordance with this
section shall be grounds for a demurrer pursuant to Section 430.10
or a motion to strike pursuant to Section 435.

(h) Upon the favorable conclusion of the litigation with respect
to any party for whom a certificate of merit was filed or for
whom a certificate of merit should have been filed pursuant to
this section, the trial court may, upon the motion of a party or
upon the court's own motion, verify compliance with this section,
by requiring the attorney for the plaintiff or cross-complainant
who was required by subdivision (b) to execute the certificate to
reveal the name, address, and telephone number of the person or
persons consulted with pursuant to subdivision (b) that were
relied upon by the attorney in preparation of the certificate of
merit. The name, address, and telephone number shall be
disclosed to the trial judge in an in-camera proceeding at which
the moving party shall not be present. If the trial judge finds
there has been a failure to comply with this section, the court
may order a party, a party's attorney, or both, to pay any
reasonable expenses, including attorney's fees, incurred by
another party as a result of the failure to comply with this
section.

This section shall remain in effect only until January 1, 1997,
and as of that date is repealed.

(i) For purposes of this section, "action" includes a complaint
or cross-complaint for equitable indemnity arising out of the
rendition of professional services whether or not the complaint
or cross-complaint specifically asserts or utilizes the terms
"professional negligence" or "negligence."

411.36.(a) In every action brought by a common interest development
association pursuant to Section 383, or cross-actions or separate
actions arising therefrom for indemnity or contribution, arising
out of the occupational negligence of a person holding a valid
contractor's license pursuant to Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code, on or
before the date of service of the complaint on any defendant, the
plaintiff's attorney shall file the certificate specified by
subdivision (b). "Occupational negligence," as used in this
section, means a negligent act or omission in the construction,
reconstruction, repair, or improvement of a structure or other work
of improvement which is the proximate cause of a construction
defect or of damage to property resulting from such a construction
defect. This section does not apply to causes of action based on
strict liability in tort or express contractual indemnity.

(b) A certificate shall be executed by the attorney for the
plaintiff or cross-complainant declaring one of the following:

(1) That the attorney has reviewed the facts of the case,
that the attorney has consulted with at least one contractor
who is licensed and does business in this state or who teaches
at an accredited college or university and who is licensed in
this state or any other state and who the attorney reasonably
believes is knowledgeable in the relevant issues involved in
the particular action, and that the attorney has concluded on
the basis of that review and consultation that the named
defendant or cross-defendant participated in the construction,
installation, grading, or landscaping of those building
elements or grounds alleged in the complaint or cross-
complaint to have been negligently constructed, installed,
graded, or landscaped. The person consulted may not be a
party to the litigation.

(2) That the attorney was unable to obtain the consultation
required by paragraph (1) because a statute of limitations
would impair the action and that the certificate required by
paragraph (1) could not be obtained before the impairment of
the action. If a certificate is executed pursuant to this
paragraph, the certificate required by paragraph (1) shall be
filed within 60 days after filing the complaint.

(3) That the attorney was unable to obtain the consultation
required by paragraph (1) because the attorney had made three
separate good faith attempts with three separate contractors
to obtain such a consultation and none of those contacted
would agree to the consultation.

(c) Where a certificate is required pursuant to this section,
only one certificate shall be filed, notwithstanding that
multiple defendants have been named in the complaint or may be
named at a later time.

(d) Where the attorney intends to rely solely on the doctrine of
"res ipsa loquitur," as defined in Section 646 of the Evidence
Code, or exclusively on a failure to inform of the consequences
of a procedure, or both, this section shall be inapplicable. The
attorney shall certify upon filing of the complaint that the
attorney is solely relying on the doctrines of "res ipsa
loquitur" or failure to inform of the consequences of a procedure
or both, and for that reason is not filing a certificate required
by this section.

(e) For purposes of this section, and subject to Section 912 of
the Evidence Code, an attorney who submits a certificate as
required by paragraph (1) or (2) of subdivision (b) has a
privilege to refuse to disclose the identity of the contractor
consulted and the contents of the consultation. The privilege
shall also be held by the contractor so consulted. If, however,
the attorney makes a claim under paragraph (3) of subdivision (b)
that he or she was unable to obtain the required consultation
with the contractor, the court may require the attorney to
divulge the names of contractors refusing the consultation.

(f) A violation of this section may constitute unprofessional
conduct and be grounds for discipline against the attorney,
except that the failure to file the certificate required by
paragraph (1) of subdivision (b), within 60 days after filing the
complaint and certificate provided for by paragraph (2) of
subdivision (b), shall not be grounds for discipline against the
attorney.

(g) The failure to file a certificate in accordance with this
section shall be grounds for a demurrer pursuant to Section 430.10
or a motion to strike pursuant to Section 435.

(h) Upon the favorable conclusion of the litigation with respect
to any party for whom a certificate of merit was filed or for
whom a certificate of merit should have been filed pursuant to
this section, the trial court may, upon the motion of a party or
upon the court's own motion, verify compliance with this section,
by requiring the attorney for the plaintiff or cross-complainant
who was required by subdivision (b) to execute the certificate to
reveal the name, address, and telephone number of the person or
persons consulted with pursuant to subdivision (b) that were
relied upon by the attorney in preparation of the certificate of
merit. The name, address, and telephone number shall be
disclosed to the trial judge in an in-camera proceeding at which
the moving party shall not be present. If the trial judge finds
there has been a failure to comply with this section, the court
may order a party, a party's attorney, or both, to pay any
reasonable expenses, including attorney's fees, incurred by
another party as a result of the failure to comply with this
section.

(i) This section shall remain in effect only until January 1, 1997,
and as of that date is repealed.

(j) For purposes of this section, "action" includes a complaint
or cross-complaint for equitable indemnity arising out of the
rendition of professional services whether or not the complaint
or cross-complaint specifically asserts or utilizes the terms
"professional negligence" or "negligence."

(k) This section does not apply to disputes or actions involving
alleged occupational negligence of licensed contractors, where
the alleged occupational negligence is in connection with work on
any of the following:

(1) Any work under a construction contract for less than
twenty thousand dollars ($20,000).

(2) Any work on a single-family dwelling or a residential
structure containing four or fewer dwelling units.

(l) This section shall not become operative unless Assembly
Bill 3708 of the 1991-92 Regular Session is enacted and becomes
effective on or before January 1, 1993.

412.10. After payment of all applicable fees, the plaintiff may have
the clerk issue one or more summons for any defendant. 412.20. (a)
Except as otherwise required by statute, a summons shall be directed
to the defendant, signed by the clerk and issued under the seal of the
court in which the action is pending, and it shall contain:

(1) The title of the court in which the action is pending.

(2) The names of the parties to the action.

(3) A direction that the defendant file with the court a written
pleading in response to the complaint within 30 days after
summons is served on him or her.

(4) A notice that, unless the defendant so responds, his or her
default will be entered upon application by the plaintiff, and
the plaintiff may apply to the court for the relief demanded in
the complaint, which could result in garnishment of wages, taking
of money or property, or other relief.

(5) The following statement in boldface type: "You may seek the
advice of an attorney in any matter connected with the complaint
or this summons. Such attorney should be consulted promptly so
that your pleading may be filed or entered within the time
required by this summons."

(6) The following introductory legend at the top of the summons
above all other matter, in boldface type, in English and Spanish:
"Notice! You have been sued. The court may decide against you
without your being heard unless you respond within 30 days. Read
information below."

(b) Each county may, by ordinance, require that the legend
contained in paragraph (6) of subdivision (a) be set forth in
every summons issued out of the courts of that county in any
additional foreign language, if the legend in the additional
foreign language is set forth in the summons in the same manner
as required in that paragraph.

(c) A summons in a form approved by the Judicial Council is
deemed to comply with this section.

412.30. In an action against a corporation or an unincorporated
association (including a partnership), the copy of the summons that is
served shall contain a notice stating in substance: "To the person
served: You are hereby served in the within action (or special
proceeding) on behalf of (here state the name of the corporation or
the unincorporated association) as a person upon whom a copy of the
summons and of the complaint may be delivered to effect service on
said party under the provisions of (here state appropriate provisions
of Chapter 4 (commencing with Section 413.10) of the Code of Civil
Procedure)." If service is also made on such person as an individual,
the notice shall also indicate that service is being made on such
person as an individual as well as on behalf of the corporation or the
unincorporated association.
If such notice does not appear on the copy of the summons served, no
default may be taken against such corporation or unincorporated
association or against such person individually, as the case may be.

413.10. Except as otherwise provided by statute, a summons shall be
served on a person:

(a) Within this state, as provided in this chapter.

(b) Outside this state but within the United States, as provided
in this chapter or as prescribed by the law of the place where
the person is served.

(c) Outside the United States, as provided in this chapter or as
directed by the court in which the action is pending, or, if the
court before or after service finds that the service is
reasonably calculated to give actual notice, as prescribed by the
law of the place where the person is served or as directed by the
foreign authority in response to a letter rogatory. These rules
are subject to the provisions of the Convention on the "Service
Abroad of Judicial and Extrajudicial Documents" in Civil or
Commercial Matters (Hague Service Convention).

413.20. If a summons is served by mail pursuant to this chapter, the
provisions of Section 1013 that extend the time for exercising a right
or doing an act shall not extend any time specified in this title.

413.30. Where no provision is made in this chapter or other law for
the service of summons, the court in which the action is pending may
direct that summons be served in a manner which is reasonably
calculated to give actual notice to the party to be served and that
proof of such service be made as prescribed by the court.

413.40. Any service of summons which complies with the provisions of
this chapter shall not be rendered invalid or ineffective because it
was made by a person in violation of Chapter 16 (commencing with
Section 22350) of Division 8 of the Business and Professions Code.

414.10. A summons may be served by any person who is at least 18
years of age and not a party to the action. 415.10. A summons may be
served by personal delivery of a copy of the summons and of the
complaint to the person to be served.
Service of a summons in this manner is deemed complete at the time of
such delivery.

The date upon which personal delivery is made shall be entered on or
affixed to the face of the copy of the summons at the time of its
delivery. However, service of a summons without such date shall be
valid and effective.

415.20. (a) In lieu of personal delivery of a copy of the summons and
of the complaint to the person to be served as specified in
Section 416.10, 416.20, 416. 30, 416.40, or 416.50, a summons may be
served by leaving a copy of the summons and of the complaint during usual
office hours in his or her office with the person who is apparently in
charge thereof, and by thereafter mailing a copy of the summons and of
the complaint (by first-class mail, postage prepaid) to the person to
be served at the place where a copy of the summons and of the
complaint were left. Service of a summons in this manner is deemed
complete on the 10th day after such mailing.

(b) If a copy of the summons and of the complaint cannot with
reasonable diligence be personally delivered to the person to be
served as specified in Section 416.60, 416.70, 416.80, or 416.90, a
summons may be served by leaving a copy of the summons and of the
complaint at such person's dwelling house, usual place of abode, usual
place of business, or usual mailing address other than a United States
Postal Service post office box, in the presence of a competent member
of the household or a person apparently in charge of his or her
office, place of business, or usual mailing address other than a
United States Postal Service post office box, at least 18 years of
age, who shall be informed of the contents thereof, and by thereafter
mailing a copy of the summons and of the complaint (by first-class
mail, postage prepaid) to the person to be served at the place where a
copy of the summons and of the complaint were left. Service of a
summons in this manner is deemed complete on the 10th day after the
mailing.

415.30. (a) A summons may be served by mail as provided in this
section. A copy of the summons and of the complaint shall be mailed (by
first-class mail or airmail, postage prepaid) to the person to be
served, together with two copies of the notice and acknowledgment
provided for in subdivision (b) and a return envelope, postage
prepaid, addressed to the sender.

(b) The notice specified in subdivision (a) shall be in substantially
the following form:

(Title of court and cause, with action number, to be inserted by
the sender prior to mailing)

NOTICE

To: (Here state the name of the person to be served.)
This summons is served pursuant to Section 415.30 of
the California Code of Civil Procedure. Failure to complete this
form and return it to the sender within 20 days may subject you (or
the party on whose behalf you are being served) to liability for the
payment of any expenses incurred in serving a summons upon you in
any other manner permitted by law. If you are served on behalf of a
corporation, unincorporated association (including a
partnership), or other entity, this form must be signed in the name of such
entity by you or by a person authorized to receive service of
process on behalf of such entity. In all other cases, this form must
be signed by you personally or by a person authorized by you
to acknowledge receipt of summons. Section 415.30 provides
that this summons is deemed served on the date of execution of an
acknowledgment of receipt of summons.
__________________________________________
Signature of
sender

ACKNOWLEDGMENT OF RECEIPT OF SUMMONS
This acknowledges receipt on (insert date) of a copy
of the summons and of the complaint at (insert address).
Date: _________________________________________

(Date this acknowledgement is executed)
____________________________________________
Signature of person acknowledging
receipt, with title if acknowledgment
is made on behalf of another person

(c) Service of a summons pursuant to this section is deemed
complete on the date a written acknowledgement of receipt of
summons is executed, if such acknowledgement thereafter is
returned to the sender.

(d) If the person to whom a copy of the summons and of the
complaint are mailed pursuant to this section fails to complete
and return the acknowledgement form set forth in subdivision (b)
within 20 days from the date of such mailing, the party to whom
the summons was mailed shall be liable for reasonable expenses
thereafter incurred in serving or attempting to serve the party
by another method permitted by this chapter, and, except for good
cause shown, the court in which the action is pending, upon
motion, with or without notice, shall award the party such
expenses whether or not he is otherwise entitled to recover his
costs in the action.

(e) A notice or acknowledgment of receipt in form approved by
the Judicial Council is deemed to comply with this section.

415.40. A summons may be served on a person outside this state in any
manner provided by this article or by sending a copy of the summons
and of the complaint to the person to be served by first-class mail,
postage prepaid, requiring a return receipt. Service of a summons by
this form of mail is deemed complete on the 10th day after such
mailing.

415.45.(a) A summons in an action for unlawful detainer of real
property may be served by posting if upon affidavit it appears to
the satisfaction of the court in which the action is pending that
the party to be served cannot with reasonable diligence be served
in any manner specified in this article other than publication and
that:

(1) A cause of action exists against the party upon whom service
is to be made or he is a necessary or proper party to the action;
or

(2) The party to be served has or claims an interest in real
property in this state that is subject to the jurisdiction of the
court or the relief demanded in the action consists wholly or in
part in excluding such party from any interest in such property.

(b) The court shall order the summons to be posted on the
premises in a manner most likely to give actual notice to the
party to be served and direct that a copy of the summons and
of the complaint be forthwith mailed by certified mail to such
party at his last known address.

(c) Service of summons in this manner is deemed complete on
the 10th day after posting and mailing.

(d) Notwithstanding an order for posting of the summons, a
summons may be served in any other manner authorized by this
article, except publication, in which event such service shall
supersede any posted summons.

415.46.(a) In addition to the service of a summons and complaint in
an action for unlawful detainer upon a tenant and subtenant, if
any, as prescribed by this article, a prejudgment claim of right to
possession may also be served on any person who appears to be or
who may claim to have occupied the premises at the time of the
filing of the action. Service upon occupants shall be made
pursuant to subdivision c by serving a copy of a prejudgment claim
of right to possession, as specified in subdivision (f), attached
to a copy of the summons and complaint at the same time service is
made upon the tenant and subtenant, if any.

(b) Service of the prejudgment claim of right to possession in
this manner shall be effected by a marshal, sheriff, or
registered process server.

(c) When serving the summons and complaint upon a tenant and
subtenant, if any, the marshal, sheriff, or registered process
server shall make a reasonably diligent effort to ascertain
whether there are other adult occupants of the premises who are
not named in the summons and complaint by inquiring of the person
or persons who are being personally served, or any person of
suitable age and discretion who appears to reside upon the
premises, whether there are other occupants of the premises.

If the identity of such an occupant is disclosed to the officer
or process server and the occupant is present at the premises,
the officer or process server shall serve that occupant with a
copy of the prejudgment claim of right to possession attached to
a copy of the summons and complaint. If personal service cannot
be made upon that occupant at that time, service may be effected
by (1) leaving a copy of a prejudgment claim of right to
possession attached to a copy of the summons and complaint
addressed to that occupant with a person of suitable age and
discretion at the premises, (2) affixing the same so that it is
not readily removable in a conspicuous place on the premises in a
manner most likely to give actual notice to that occupant, and

(3) sending the same addressed to that occupant by first-class
mail.

In addition to the service on an identified occupant, or if no
occupant is disclosed to the officer or process server, or if
substituted service is made upon the tenant and subtenant, if
any, the officer or process server shall serve a prejudgment
claim of right to possession for all other persons who may claim
to occupy the premises at the time of the filing of the action by

(1) leaving a copy of a prejudgment claim of right to possession
attached to a copy of the summons and complaint at the premises
at the same time service is made upon the tenant and subtenant,
if any, (2) affixing the same so that it is not readily removable
in a conspicuous place on the premises so that it is likely to
give actual notice to an occupant, and (3) sending the same
addressed to "all occupants in care of the named tenant" to the
premises by first-class mail.

The person serving process shall state the date of service on the
prejudgment claim of right to possession form. However, the
absence of the date of service on the prejudgment claim of right
to possession does not invalidate the claim.

(d) Proof of service under this section shall be filed with the
court and shall include a statement that service was made
pursuant to this section. Service on occupants in accordance
with this section shall not alter or affect service upon the
tenant or subtenant, if any.

(e) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in
accordance with this section, no occupant of the premises,
whether or not such occupant is named in the judgment for
possession, may object to the enforcement of that judgment as
prescribed in Section 1174.3.

(f) The prejudgment claim of right to possession shall be made
on the following form:

415.47.(a) Where the lessee has given the lessor written notice of
the lessee's intent not to abandon leased real property as provided
in Section 1951.3 of the Civil Code, the summons in an action for
unlawful detainer of the real property may be served on the lessee
by certified mail, postage prepaid, addressed to the lessee at the
address stated in the lessee's notice of intent not to abandon if
such summons is deposited in the mail within 60 days from the date
the lessee's notice of intent not to abandon is received by the
lessor. Service in this manner is deemed completed on the 10th day
after such mailing.

(b) Where the lessee has given the lessor written notice of the
lessee's intent not to abandon leased real property as provided
in Section 1951.3 of the Civil Code, but failed to include in
such notice an address at which the lessee may be served by
certified mail in any action for unlawful detainer of the real
property, the summons in an action for unlawful detainer of the
real property may be served on the lessee by certified mail,
postage prepaid, addressed to the lessee at (1) the same address
or addresses to which the lessor's notice of belief of
abandonment was addressed if that notice was given by mail or (2)
the address of the real property if the lessor's notice of belief
of abandonment was personally served on the lessee. Service may
not be made pursuant to this subdivision unless the summons is
deposited in the mail within 60 days from the date the lessee's
notice of intent not to abandon is received by the lessor.
Service in the manner authorized by this subdivision is deemed
completed on the 10th day after such mailing.

(c) This section provides an alternative method of service on
the lessee and does not preclude service in any other manner
authorized by this chapter.

415.50. (a) A summons may be served by publication if upon affidavit
it appears to the satisfaction of the court in which the action is
pending that the party to be served cannot with reasonable diligence
be served in another manner specified in this article and that:

(1) A cause of action exists against the party upon whom service
is to be made or he or she is a necessary or proper party to the
action; or

(2) The party to be served has or claims an interest in real or
personal property in this state that is subject to the
jurisdiction of the court or the relief demanded in the action
consists wholly or in part in excluding the party from any
interest in the property.

(b) The court shall order the summons to be published in a named
newspaper, published in this state, that is most likely to give actual
notice to the party to be served and direct that a copy of the
summons, the complaint, and the order for publication be forthwith
mailed to the party if his or her address is ascertained before
expiration of the time prescribed for publication of the summons.
Except as otherwise provided by statute, the publication shall be made
as provided by Section 6064 of the Government Code unless the court,
in its discretion, orders publication for a longer period.

(c) Service of a summons in this manner is deemed complete as
provided in Section 6064 of the Government Code.

(d) Notwithstanding an order for publication of the summons, a
summons may be served in another manner authorized by this
chapter, in which event the service shall supersede any published
summons.

416.10. A summons may be served on a corporation by delivering a copy
of the summons and of the complaint:

(a) To the person designated as agent for service of process as
provided by any provision in Section 202, 1502, 2105 or 2107 of
the Corporations Code (or Sections 3301 to 3303, inclusive, or
Sections 6500 to 6504, inclusive, of the Corporations Code as in
effect on December 31, 1976 with respect to corporations to which
they remain applicable);

(b) To the president or other head of the corporation, a vice
president, a secretary or assistant secretary, a treasurer or
assistant treasurer, a general manager, or a person authorized by
the corporation to receive service of process;

(c) If the corporation is a bank, to a cashier or assistant
cashier or to a person specified in subdivision (a) or (b); or

(d) When authorized by any provision in Section 1701, 1702, 2110
or 2111 of the Corporations Code (or Sections 3301 to 3303,
inclusive, or Sections 6500 to 6504, inclusive, of the Corporations
Code as in effect on December 31, 1976, with respect to corporations
to which they remain applicable), as provided by such provision.

416.20. A summons may be served on a corporation that has forfeited
its charter or right to do business, or has dissolved, by delivering a
copy of the summons and of the complaint:

(a) To a person who is a trustee of the corporation and of its
stockholders or members; or

(b) When authorized by any provision in Sections 2011 or 2114 of
the Corporations Code (or Sections 3301 to 3303, inclusive, or
Sections 6500 to 6504, inclusive, of the Corporations Code as in
effect on December 31, 1976, with respect to corporations to
which they remain applicable), as provided by such provision.

416.30. A summons may be served on a joint stock company or
association by delivering a copy of the summons and of the complaint
as provided by Section 416.10 or 416.20. 416.40. A summons may be
served on an unincorporated association (including a partnership) by
delivering a copy of the summons and of the complaint:

(a) If the association is a general or limited partnership, to
the person designated as agent for service of process as provided
in Section 24003 of the Corporations Code or to a general partner
or the general manager of the partnership;

(b) If the association is not a general or limited partnership,
to the person designated as agent for service of process as
provided in Section 24003 of the Corporations Code or to the
president or other head of the association, a vice president, a
secretary or assistant secretary, a treasurer or assistant
treasurer, a general manager, or a person authorized by the
association to receive service of process;

(c) When authorized by Section 15700 or 24007 of the
Corporations Code, as provided by the applicable section. 416.50.

(a) A summons may be served on a public entity by delivering a copy of
the summons and of the complaint to the clerk, secretary, president,
presiding officer, or other head of its governing body.

(b) As used in this section, "public entity" includes the state and
any office, department, division, bureau, board, commission, or agency
of the state, the Regents of the University of California, a county,
city, district, public authority, public agency, and any other
political subdivision or public corporation in this state.

416.60. A summons may be served on a minor by delivering a copy of
the summons and of the complaint to his parent, guardian, conservator,
or similar fiduciary, or, if no such person can be found with
reasonable diligence, to any person having the care or control of such
minor or with whom he resides or by whom he is employed, and to the
minor if he is at least 12 years of age.

416.70. A summons may be served on a person (other than a minor) for
whom a guardian, conservator, or similar fiduciary has been appointed
by delivering a copy of the summons and of the complaint to his
guardian, conservator, or similar fiduciary and to such person, but,
for good cause shown, the court in which the action is pending may
dispense with delivery to such person.

416.80. When authorized by Section 49 of the Elections Code, a
summons may be served as provided by that section. 416.90. A summons
may be served on a person not otherwise specified in this article by
delivering a copy of the summons and of the complaint to such person
or to a person authorized by him to receive service of process.

417.10. Proof that a summons was served on a person within this state
shall be made:

(a) If served under Section 415.10, 415.20, or 415.30, by the
affidavit of the person making such service showing the time,
place, and manner of service and facts showing that such service
was made in accordance with this chapter. Such affidavit shall
recite or in other manner show the name of the person to whom a
copy of the summons and of the complaint were delivered, and, if
appropriate, his title or the capacity in which he is served, and
that the notice required by Section 412.30 appeared on the copy
of the summons served, if in fact it did appear.
If service is made by mail pursuant to Section 415.30, proof of
service shall include the acknowledgement of receipt of summons
in the form provided by that section or other written
acknowledgment of receipt of summons satisfactory to the court.

(b) If served by publication pursuant to Section 415.50, by the
affidavit of the publisher or printer, or his foreman or
principal clerk, showing the time and place of publication, and
an affidavit showing the time and place a copy of the summons and
of the complaint were mailed to the party to be served, if in
fact mailed.

(c) If served pursuant to another statute of this state, in the
manner prescribed by such statute or, if no manner is prescribed,
in the manner prescribed by this section for proof of a similar
manner of service.

(d) By the written admission of the party.

(e) If served by posting pursuant to Section 415.45, by the
affidavit of the person who posted the premises, showing the time
and place of posting, and an affidavit showing the time and place
copies of the summons and of the complaint were mailed to the
party to be served, if in fact mailed.

(f) All proof of personal service shall be made on a form
adopted by the Judicial Council.

417.20. Proof that a summons was served on a person outside this
state shall be made:

(a) If served in a manner specified in a statute of this state,
as prescribed by Section 417.10, and if service is made by mail
pursuant to Section 415.40, proof of service shall include
evidence satisfactory to the court establishing actual delivery
to the person to be served, by a signed return receipt or other
evidence;

(b) In the manner prescribed by the court order pursuant to
which the service is made;

(c) Subject to any additional requirements that may be imposed
by the court in which the action is pending, in the manner
prescribed by the law of the place where the person is served for
proof of service in an action in its courts of general
jurisdiction; or

(d) By the written admission of the party.

(e) If served by posting pursuant to Section 415.45, by the
affidavit of the person who posted the premises, showing the time
and place of posting, and an affidavit showing the time and place
copies of the summons and of the complaint were mailed to the
party to be served, if in fact mailed.

417.30. (a) After a summons has been served on a person, the summons
must be returned together with proof of service as provided in Section 417.10
or 417.20, unless the defendant has previously made a general
appearance.

(b) If a summons is lost after service has been made but before it is
returned, an affidavit of the person who made the service showing the
time, place, and manner of service and facts showing that such service
was made in accordance with this chapter may be returned with the same
effect as if the summons itself were returned.

417.40. Any proof of service which is signed by a person registered
under Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code or his employee or independent
contractor shall indicate the county in which he is registered and the
number assigned to him pursuant to Section 22355 of the Business and
Professions Code.

418.10.(a) A defendant, on or before the last day of his or her time
to plead or within any further time that the court may for good
cause allow, may serve and file a notice of motion for one or more
of the following purposes:

(1) To quash service of summons on the ground of lack of
jurisdiction of the court over him or her.

(2) To stay or dismiss the action on the ground of inconvenient
forum.

(3) To dismiss the action pursuant to the applicable provisions
of Chapter 1.5 (commencing with Section 583.110) of Title 8.

(b) The notice shall designate, as the time for making the motion, a
date not more than 30 days after filing of the notice.
The notice shall be served in the same manner, and at the same
times, prescribed by subdivision (b) of Section 1005. The
service and filing of the notice shall extend the defendant's
time to plead until 15 days after service upon him or her of a
written notice of entry of an order denying his or her motion,
except that for good cause shown the court may extend the
defendant's time to plead for an additional period not exceeding 20
days.

(c) If the motion is denied by the trial court, the defendant,
within 10 days after service upon him or her of a written notice
of entry of an order of the court denying his or her motion, or
within any further time not exceeding 20 days that the trial
court may for good cause allow, and before pleading, may petition
an appropriate reviewing court for a writ of mandate to require
the trial court to enter its order quashing the service of
summons or staying or dismissing the action. The defendant shall
file or enter his or her responsive pleading in the trial court
within the time prescribed by subdivision (b) unless, on or
before the last day of the defendant's time to plead, he or she
serves upon the adverse party and files with the trial court a
notice that he or she has petitioned for a writ of mandate. The
service and filing of the notice shall extend the defendant's
time to plead until 10 days after service upon him or her of a
written notice of the final judgment in the mandate proceeding.
The time to plead may for good cause shown be extended by the
trial court for an additional period not exceeding 20 days.

(d) No default may be entered against the defendant before
expiration of his or her time to plead, and no motion under this
section, or under Section 473 or 473.5 when joined with a motion
under this section, or application to the court or stipulation of
the parties for an extension of the time to plead, shall be
deemed a general appearance by the defendant.

418.11.An appearance at a hearing at which ex parte relief is sought,
or an appearance at a hearing for which an ex parte application for
a provisional remedy is made, is not a general appearance and does
not constitute a waiver of the right to make a motion under Section 418.10.

420. The pleadings are the formal allegations by the parties of
their respective claims and defenses, for the judgment of the
Court.

421. The forms of pleading in civil actions, and the rules by
which the sufficiency of the pleadings is to be determined, are
those prescribed in this Code.

422.10. The pleadings allowed in civil actions are complaints,
demurrers, answers, and cross-complaints.

422.20. The rules of pleading in justice courts shall be the same as
the rules of pleading in municipal courts. 422.30. Every pleading
shall contain a caption setting forth:

(a) The name of the court and county, and, in municipal and
justice courts, the name of the judicial district, in which the
action is brought; and

(b) The title of the action.

422.40. In the complaint, the title of the action shall include the
names of all the parties; but, except as otherwise provided by statute
or rule of the Judicial Council, in other pleadings it is sufficient
to state the name of the first party on each side with an appropriate
indication of other parties.

425.10. A complaint or cross-complaint shall contain both of the
following:

(a) A statement of the facts constituting the cause of action,
in ordinary and concise language.

(b) A demand for judgment for the relief to which the pleader
claims he is entitled. If the recovery of money or damages be
demanded, the amount thereof shall be stated, unless the action
is brought in the superior court to recover actual or punitive
damages for personal injury or wrongful death, in which case the
amount thereof shall not be stated.

425.11.(a) When a complaint or cross-complaint is filed in an action
in the superior court to recover damages for personal injury or
wrongful death, the party against whom the action is brought may at
any time request a statement setting forth the nature and amount of
damages being sought. The request shall be served upon the
plaintiff or cross-complainant, who shall serve a responsive
statement as to the damages within 15 days thereafter. In the
event that a response is not served, the party, on notice to the
plaintiff or cross-complainant, may petition the court in which the
action is pending to order the plaintiff or cross-complainant to
serve a responsive statement.

(b) If no request is made for the statement referred to in
subdivision (a), the plaintiff shall serve the statement on the
defendant (1) before a default may be taken; or (2) in the event
an answer is filed, at least 60 days prior to date set for the
trial.

(c) The statement referred to in subdivision (a) shall be served
in the following manner:

(1) If a party has not appeared in the action, the statement
shall be served in the same manner as a summons.

(2) If a party has appeared in the action, the statement
shall be served upon his or her attorney, or upon the party if
he or she has appeared without an attorney, in the manner
provided for service of a summons or in the manner provided by
Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.

425.12.The Judicial Council shall develop and approve official forms
for use in trial courts of this state for any complaint, cross-
complaint or answer in any action based upon personal injury,
property damage, wrongful death, unlawful detainer, breach of
contract or fraud.
In developing the forms required by this act, 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 forms shall be drafted in nontechnical
language and shall be made available through the office of the
clerk of the appropriate trial court.

425.13.(a) In any action for damages arising out of the professional
negligence of a health care provider, no claim for punitive damages
shall be included in a complaint or other pleading unless the court
enters an order allowing an amended pleading that includes a claim
for punitive damages to be filed.
The court may allow the filing of an amended pleading claiming
punitive damages on a motion by the party seeking the amended
pleading and on the basis of the supporting and opposing affidavits
presented that the plaintiff has established that there is a
substantial probability that the plaintiff will prevail on the
claim pursuant to Section 3294 of the Civil Code.
The court shall not grant a motion allowing the filing of an
amended pleading that includes a claim for punitive damages if the
motion for such an order is not filed within two years after the
complaint or initial pleading is filed or not less than nine months
before the date the matter is first set for trial, whichever is
earlier.

(b) For the purposes of this section, "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.

425.14.No claim for punitive or exemplary damages against a religious
corporation or religious corporation sole shall be included in a
complaint or other pleading unless the court enters an order
allowing an amended pleading that includes a claim for punitive or
exemplary damages to be filed. The court may allow the filing of
an amended pleading claiming punitive or exemplary damages on a
motion by the party seeking the amended pleading and upon a
finding, on the basis of the supporting and opposing affidavits
presented, that the plaintiff has established evidence which
substantiates that plaintiff will meet the clear and convincing
standard of proof under Section 3294 of the Civil Code.
Nothing in this section is intended to affect the plaintiff's right
to discover evidence on the issue of punitive or exemplary damages.

425.15.(a) No cause of action against a person serving without
compensation as a director or officer of a nonprofit corporation
described in this section, on account of any negligent act or
omission by that person within the scope of that person's duties as
a director acting in the capacity of a board member, or as an
officer acting in the capacity of, and within the scope of the
duties of, an officer, shall be included in a complaint or other
pleading unless the court enters an order allowing the pleading
that includes that claim to be filed after the court determines
that the party seeking to file the pleading has established
evidence that substantiates the claim. The court may allow the
filing of a pleading that includes that claim following the filing
of a verified petition therefor accompanied by the proposed
pleading and supporting affidavits stating the facts upon which the
liability is based. The court shall order service of the petition
upon the party against whom the action is proposed to be filed and
permit that party to submit opposing affidavits prior to making its
determination. The filing of the petition, proposed pleading, and
accompanying affidavits shall toll the running of any applicable
statute of limitations until the final determination of the matter,
which ruling, if favorable to the petitioning party, shall permit
the proposed pleading to be filed.

(b) Nothing in this section shall affect the right of the plaintiff
to discover evidence on the issue of damages.

(c) Nothing in this section shall be construed to affect any
action against a nonprofit corporation for any negligent action
or omission of a volunteer director or officer occurring within
the scope of the person's duties.

(d) For the purposes of this section, "compensation" means
remuneration whether by way of salary, fee, or other
consideration for services rendered. However, the payment of per
diem, mileage, or other reimbursement expenses to a director or
officer shall not constitute compensation.

(e) (1) This section applies only to officers and directors of
nonprofit corporations that are subject to Part 2 (commencing
with Section 5110), Part 3 (commencing with Section 7110), or
Part 4 (commencing with Section 9110) of Division 2 of Title 1 of
the Corporations Code that are organized to provide charitable,
educational, scientific, social, or other forms of public service
and that are exempt from federal income taxation under
Section 501c(1), except any credit union, or Section 501 
c(4), 501c(5), 501c(7), or 501c(19) of the Internal Revenue
Code.

(2) This section does not apply to any corporation that
unlawfully restricts membership, services, or benefits
conferred on the basis of race, religious creed, color,
national origin, ancestry, sex, marital status, disability,
political affiliation, or age.

425.16.(a) The Legislature finds and declares that there has been a
disturbing increase in lawsuits brought primarily to chill the
valid exercise of the constitutional rights of freedom of speech
and petition for the redress of grievances. The Legislature finds
and declares that it is in the public interest to encourage
continued participation in matters of public significance, and that
this participation should not be chilled through abuse of the
judicial process.

(b) A cause of action against a person arising from any act of that
person in furtherance of the person's right of petition or free
speech under the United States or California Constitution in
connection with a public issue shall be subject to a special motion
to strike, unless the court determines that the plaintiff has
established that there is a probability that the plaintiff will
prevail on the claim. In making its determination, the court shall
consider the pleadings, and supporting and opposing affidavits
stating the facts upon which the liability or defense is based.
If the court determines that the plaintiff has established a
probability that he or she will prevail on the claim, neither that
determination nor the fact of that determination shall be
admissible in evidence at any later stage of the case, and no
burden of proof or degree of proof otherwise applicable shall be
affected by that determination.

(c) In any action subject to subdivision (b), a prevailing
defendant on a special motion to strike shall be entitled to
recover his or her attorney's fees and costs. If the court finds
that a special motion to strike is frivolous or is solely
intended to cause unnecessary delay, the court shall award costs
and reasonable attorney's fees to a plaintiff prevailing on the
motion, pursuant to Section 128.5.

(d) This section shall not apply to any enforcement action
brought in the name of the people of the State of California by
the Attorney General, district attorney, or city attorney, acting
as a public prosecutor.

(e) As used in this section, "act in furtherance of a person' s
right of petition or free speech under the United States or
California Constitution in connection with a public issue"
includes any written or oral statement or writing made before a
legislative, executive, or judicial proceeding, or any other
official proceeding authorized by law; any written or oral
statement or writing made in connection with an issue under
consideration or review by a legislative, executive, or judicial
body, or any other official proceeding authorized by law; or any
written or oral statement or writing made in a place open to the
public or a public forum in connection with an issue of public
interest.

(f) The special motion may be filed within 60 days of the
service of the complaint or, in the court's discretion, at any
later time upon terms it deems proper.

(g) All discovery proceedings in the action shall be stayed upon
the filing of a notice of motion made pursuant to this section.
The motion shall be noticed for hearing not more than 30
days after service unless the docket conditions of the court
require a later hearing. The stay of discovery shall remain in effect
until notice of entry of the order ruling on the motion. The court,
on noticed motion and for good cause shown, may order that specified
discovery be conducted notwithstanding this subdivision.

(h) On or before January 1, 1998, the Judicial Council shall
report to the Legislature on the frequency and outcome of special
motions made pursuant to this section, and on any other matters
pertinent to the purposes of this section. 426.10. As used in
this article:

(a) "Complaint" means a complaint or cross-complaint.

(b) "Plaintiff" means a person who files a complaint or cross-
complaint.

(c) "Related cause of action" means a cause of action which
arises out of the same transaction, occurrence, or series of
transactions or occurrences as the cause of action which the
plaintiff alleges in his complaint.

426.30. (a) Except as otherwise provided by statute, if a party
against whom a complaint has been filed and served fails to allege in
a cross-complaint any related cause of action which (at the time of
serving his answer to the complaint) he has against the plaintiff,
such party may not thereafter in any other action assert against the
plaintiff the related cause of action not pleaded.

(b) This section does not apply if either of the following are
established:

(1) The court in which the action is pending does not have
jurisdiction to render a personal judgment against the person who
failed to plead the related cause of action.

(2) The person who failed to plead the related cause of action
did not file an answer to the complaint against him.

426.40. This article does not apply if any of the following are
established:

(a) The cause of action not pleaded requires for its
adjudication the presence of additional parties over whom the
court cannot acquire jurisdiction.

(b) Both the court in which the action is pending and any other
court to which the action is transferrable pursuant to Section 396
are prohibited by the federal or state constitution or by a
statute from entertaining the cause of action not pleaded.

(c) At the time the action was commenced, the cause of action
not pleaded was the subject of another pending action. 426.50.
A party who fails to plead a cause of action subject to the
requirements of this article, whether through oversight,
inadvertence, mistake, neglect, or other cause, may apply to the
court for leave to amend his pleading, or to file a cross-
complaint, to assert such cause at any time during the course of
the action. The court, after notice to the adverse party, shall
grant, upon such terms as may be just to the parties, leave to
amend the pleading, or to file the cross-complaint, to assert
such cause if the party who failed to plead the cause acted in
good faith. This subdivision shall be liberally construed to
avoid forfeiture of causes of action. 

426.60. (a) This article applies only to civil actions and does not
apply to special proceedings.

(b) This article does not apply to actions in the small claims
court.

(c) This article does not apply where the only relief sought is
a declaration of the rights and duties of the respective parties
in an action for declaratory relief under Chapter 8 (commencing
with Section 1060) of Title 14 of this part.

426.70. (a) Notwithstanding subdivision (a) of Section 426.60, this
article applies to eminent domain proceedings.

(b) The related cause of action may be asserted by cross-complaint in
an eminent domain proceeding whether or not the party asserting such
cause of action has presented a claim in compliance with
Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code to the plaintiff in the original eminent domain
proceeding.

427.10. (a) A plaintiff who in a complaint, alone or with
coplaintiffs, alleges a cause of action against one or more defendants
may unite with such cause any other causes which he has either alone
or with any coplaintiffs against any of such defendants.

(b) Causes of action may be joined in a cross-complaint in accordance
with Sections 428.10 and 428.30. 428.10. A party against whom a
cause of action has been asserted in a complaint or cross-complaint
may file a cross-complaint setting forth either or both of the
following:

(a) Any cause of action he has against any of the parties who
filed the complaint or cross-complaint against him. Nothing in
this subdivision authorizes the filing of a cross-complaint
against the plaintiff in an action commenced under
Title 7 (commencing with Section 1230.010) of Part 3.

(b) Any cause of action he has against a person alleged to be
liable thereon, whether or not such person is already a party to
the action, if the cause of action asserted in his cross-
complaint (1) arises out of the same transaction, occurrence, or
series of transactions or occurrences as the cause brought
against him or (2) asserts a claim, right, or interest in the
property or controversy which is the subject of the cause brought
against him.

428.20. When a person files a cross-complaint as authorized by
Section 428.10, he may join any person as a cross-complainant or cross-
defendant, whether or not such person is already a party to the
action, if, had the cross-complaint been filed as an independent
action, the joinder of that party would have been permitted by the
statutes governing joinder of parties. 428.30. Where a person files
a cross-complaint as authorized by Section 428.10, he may unite with
the cause of action asserted in the cross-complaint any other causes
of action he has against any of the cross-defendants, other than the
plaintiff in an eminent domain proceeding, whether or not such cross-
defendant is already a party to the action. 428.40. The cross-
complaint shall be a separate document. 428.50. (a) A party shall
file a cross-complaint against any of the parties who filed the
complaint or cross-complaint against him or her before or at the same
time as the answer to the complaint or cross-complaint.

(b) Any other cross-complaint may be filed at any time before
the court has set a date for trial.

(c) A party shall obtain leave of court to file any cross-
complaint except one filed within the time specified in
subdivision (a) or (b). Leave may be granted in the interest of
justice at any time during the course of the action. 428.60. A
cross-complaint shall be served on each of the parties in an
action in the following manner:

(1) If a party has not appeared in the action, a summons upon
the cross-complaint shall be issued and served upon him in the
same manner as upon commencement of an original action.

(2) If a party has appeared in the action, the cross-
complaint shall be served upon his attorney, or upon the party
if he has appeared without an attorney, in the manner provided
for service of summons or in the manner provided by Chapter 5

(commencing with Section 1010) of Title 14 of Part 2 of this
code.

428.70. (a) As used in this section:

(1) "Third-party plaintiff" means a person against whom a cause
of action has been asserted in a complaint or cross-complaint,
who claims the right to recover all or part of any amounts for
which he may be held liable on such cause of action from a third
person, and who files a cross-complaint stating such claim as a
cause of action against the third person.

(2) "Third-party defendant" means the person who is alleged in a
cross-complaint filed by a third-party plaintiff to be liable to
the third-party plaintiff if the third-party plaintiff is held
liable on the claim against him.

(b) In addition to the other rights and duties a third-party defendant
has under this article, he may, at the time he files his answer to the
cross-complaint, file as a separate document a special answer alleging
against the person who asserted the cause of action against the third-
party plaintiff any defenses which the third-party plaintiff has to
such cause of action. The special answer shall be served on the third-
party plaintiff and on the person who asserted the cause of action
against the third-party plaintiff.

428.80. The counterclaim is abolished. Any cause of action that
formerly was asserted by a counterclaim shall be asserted by a cross-
complaint. Where any statute refers to asserting a cause of action as
a counterclaim, such cause shall be asserted as a cross-complaint.
The erroneous designation of a pleading as a counterclaim shall not
affect its validity, but such pleading shall be deemed to be a cross-
complaint.

429.30. (a) As used in this section:

(1) "Complaint" includes a cross-complaint.

(2) "Plaintiff" includes the person filing a cross-complaint.

(b) If the complaint contains a demand for relief on account of the
alleged infringement of the plaintiff's rights in and to a literary,
artistic, or intellectual production, there shall be attached to the
complaint a copy of the production as to which the infringement is
claimed and a copy of the alleged infringing production. If, by
reason of bulk or the nature of the production, it is not practicable
to attach a copy to the complaint, that fact and the reasons why it is
impracticable to attach a copy of the production to the complaint
shall be alleged; and the court, in connection with any demurrer,
motion, or other proceedings in the cause in which a knowledge of the
contents of such production may be necessary or desirable, shall make
such order for a view of the production not attached as will suit the
convenience of the court to the end that the contents of such
production may be deemed to be a part of the complaint to the same
extent and with the same force as though such production had been
capable of being and had been attached to the complaint. The
attachment of any such production in accordance with the provisions of
this section shall not be deemed a making public of the production
within the meaning of Section 983 of the Civil Code.

430.10. The party against whom a complaint or cross-complaint has
been filed may object, by demurrer or answer as provided in Section 430.30,
to the pleading on any one or more of the following grounds:

(a) The court has no jurisdiction of the subject of the cause of
action alleged in the pleading.

(b) The person who filed the pleading does not have the legal
capacity to sue.

(c) There is another action pending between the same parties on
the same cause of action.

(d) There is a defect or misjoinder of parties.

(e) The pleading does not state facts sufficient to constitute a
cause of action.

(f) The pleading is uncertain. As used in this subdivision,
"uncertain" includes ambiguous and unintelligible.

(g) In an action founded upon a contract, it cannot be
ascertained from the pleading whether the contract is written, is
oral, or is implied by conduct.

(h) No certificate was filed as required by Section 411.35.

(i) No certificate was filed as required by Section 411.36.

430.20. A party against whom an answer has been filed may object, by
demurrer as provided in Section 430.30, to the answer upon any one or
more of the following grounds:

(a) The answer does not state facts sufficient to constitute a
defense.

(b) The answer is uncertain. As used in this subdivision,
"uncertain" includes ambiguous and unintelligible.

(c) Where the answer pleads a contract, it cannot be ascertained
from the answer whether the contract is written or oral.

430.30. (a) When any ground for objection to a complaint, cross-
complaint, or answer appears on the face thereof, or from any
matter of which the court is required to or may take judicial
notice, the objection on that ground may be taken by a demurrer
to the pleading.

(b) When any ground for objection to a complaint or cross-
complaint does not appear on the face of the pleading, the
objection may be taken by answer.

(c) A party objecting to a complaint or cross-complaint may
demur and answer at the same time.

430.40. (a) A person against whom a complaint or cross-complaint
has been filed may, within 30 days after service of the complaint
or cross-complaint, demur to the complaint or cross-complaint.

(b) A party who has filed a complaint or cross-complaint may,
within 10 days after service of the answer to his pleading, demur
to the answer.

430.50. (a) A demurrer to a complaint or cross-complaint may be taken
to the whole complaint or cross-complaint or to any of the causes of
action stated therein.

(b) A demurrer to an answer may be taken to the whole answer or to any
one or more of the several defenses set up in the answer.

430.60. A demurrer shall distinctly specify the grounds upon which
any of the objections to the complaint, cross-complaint, or answer are
taken. Unless it does so, it may be disregarded. 430.70. When the
ground of demurrer is based on a matter of which the court may take
judicial notice pursuant to Section 452 or 453 of the Evidence Code,
such matter shall be specified in the demurrer, or in the supporting
points and authorities for the purpose of invoking such notice, except
as the court may otherwise permit.

430.80. (a) If the party against whom a complaint or cross-complaint
has been filed fails to object to the pleading, either by demurrer or
answer, that party is deemed to have waived the objection unless it is
an objection that the court has no jurisdiction of the subject of the
cause of action alleged in the pleading or an objection that the
pleading does not state facts sufficient to constitute a cause of
action.

(b) If the party against whom an answer has been filed fails to demur
thereto, that party is deemed to have waived the objection unless it
is an objection that the answer does not state facts sufficient to
constitute a defense.

431.10. (a) A material allegation in a pleading is one essential to
the claim or defense and which could not be stricken from the pleading
without leaving it insufficient as to that claim or defense.

(b) An immaterial allegation in a pleading is any of the following:

(1) An allegation that is not essential to the statement of a
claim or defense.

(2) An allegation that is neither pertinent to nor supported by
an otherwise sufficient claim or defense.

(3) A demand for judgment requesting relief not supported by the
allegations of the complaint or cross-complaint.

(c) An "immaterial allegation" means "irrelevant matter" as
that term is used in Section 436.

431.20. (a) Every material allegation of the complaint or
cross-complaint, not controverted by the answer, shall, for
the purposes of the action, be taken as true.

(b) The statement of any new matter in the answer, in
avoidance or constituting a defense, shall, on the trial, be
deemed controverted by the opposite party. 431.30. (a) As
used in this section:

(1) "Complaint" includes a cross-complaint.

(2) "Defendant" includes a person filing an answer to a cross-
complaint.

(b) The answer to a complaint shall contain:

(1) The general or specific denial of the material allegations
of the complaint controverted by the defendant.

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

(c) Affirmative relief may not be claimed in the answer.

(d) If the complaint is subject to Article 2 (commencing with
Section 90) of Chapter 5 of Title 1 of Part 1 or is not verified, a
general denial is sufficient but only puts in issue the material
allegations of the complaint. If the complaint is verified, unless
the complaint is subject to Article 2 (commencing with Section 90) of
Chapter 5 of Title 1 of Part 1, the denial of the allegations shall be
made positively or according to the information and belief of the
defendant.

However, if the cause of action is a claim assigned to a third
party for collection and the complaint is verified, the denial
of the allegations shall be made positively or according to the
information and belief of the defendant, even if the complaint
is subject to Article 2 (commencing with Section 90) of Chapter 5
of Title 1 of Part 1.

(e) If the defendant has no information or belief upon the
subject sufficient to enable him or her to answer an allegation
of the complaint, he or she may so state in his or her answer and
place his or her denial on that ground.

(f) The denials of the allegations controverted may be stated by
reference to specific paragraphs or parts of the complaint; or by
express admission of certain allegations of the complaint with a
general denial of all of the allegations not so admitted; or by
denial of certain allegations upon information and belief, or for
lack of sufficient information or belief, with a general denial
of all allegations not so denied or expressly admitted.

(g) The defenses shall be separately stated, and the several
defenses shall refer to the causes of action which they are
intended to answer, in a manner by which they may be intelligibly
distinguished.

431.40. (a) Any provision of law to the contrary
notwithstanding, in any action in which the demand, exclusive of
interest, or the value of the property in controversy does not
exceed one thousand dollars ($1000), the defendant at his option,
in lieu of demurrer or other answer, may file a general written
denial and a brief statement of any new matter constituting a
defense.

(b) Nothing in this section excuses the defendant from complying
with the provisions of law applicable to a cross-complaint, and
any cross-complaint of the defendant shall be subject to the
requirements applicable in any other action.

(c) The general written denial described in subdivision (a)
shall be on a blank available at the place of filing and shall be
in a form prescribed by the Judicial Council. This form need not
be verified.

431.50. In an action to recover upon a contract of insurance wherein
the defendant claims exemption from liability upon the ground that,
although the proximate cause of the loss was a peril insured against,
the loss was remotely caused by or would not have occurred but for a
peril excepted in the contract of insurance, the defendant shall in
his answer set forth and specify the peril which was the proximate
cause of the loss, in what manner the peril excepted contributed to
the loss or itself caused the peril insured against, and if he claims
that the peril excepted caused the peril insured against, he shall in
his answer set forth and specify upon what premises or at what place
the peril excepted caused the peril insured against. 431.70. Where
cross-demands for money have existed between persons at any point in
time when neither demand was barred by the statute of limitations, and
an action is thereafter commenced by one such person, the other person
may assert in the answer the defense of payment in that the two
demands are compensated so far as they equal each other,
notwithstanding that an independent action asserting the person's
claim would at the time of filing the answer be barred by the statute
of limitations. If the cross-demand would otherwise be barred by the
statute of limitations, the relief accorded under this section shall
not exceed the value of the relief granted to the other party. The
defense provided by this section is not available if the cross-demand
is barred for failure to assert it in a prior action under Section 426.30.
Neither person can be deprived of the benefits of this
section by the assignment or death of the other. For the purposes of
this section, a money judgment is a "demand for money" and, as applied
to a money judgment, the demand is barred by the statute of
limitations when enforcement of the judgment is barred under
Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9.

432.10. A party served with a cross-complaint may within 30 days
after service move, demur, or otherwise plead to the cross-complaint
in the same manner as to an original complaint.

435. (a) As used in this section:

(1) The term "complaint" includes a cross-complaint.

(2) The term "pleading" means a demurrer, answer, complaint, or
cross-complaint.

(b) (1) Any party, within the time allowed to respond to a
pleading may serve and file a notice of motion to strike the
whole or any part thereof, but this time limitation shall not
apply to motions specified in subdivision (e).

(2) A notice of motion to strike the answer or the complaint, or
a portion thereof, shall specify a hearing date set in accordance
with Section 1005.

(3) A notice of motion to strike a demurrer, or a portion
thereof, shall set the hearing thereon concurrently with the
hearing on the demurrer.

(c) If a party serves and files a notice of motion to strike
without demurring to the complaint, the time to answer is
extended and no default may be entered against that defendant,
except as provided in Sections 585 and 586.

(d) The filing of a notice of motion to strike an answer or
complaint, or portion thereof, shall not extend the time
within which to demur.

(e) A motion to strike, as specified in this section, may be
made as part of a motion pursuant to subparagraph (A) of
paragraph (1) of subdivision (i) of Section 438.

436. The court may, upon a motion made pursuant to
Section 435, or at any time in its discretion, and upon terms it deems
proper:

(a) Strike out any irrelevant, false, or improper matter
inserted in any pleading.

(b) Strike out all or any part of any pleading not drawn or
filed in conformity with the laws of this state, a court rule,
or an order of the court.

437. (a) The grounds for a motion to strike shall appear on the
face of the challenged pleading or from any matter of which the
court is required to take judicial notice.

(b) Where the motion to strike is based on matter of which the
court may take judicial notice pursuant to Section 452 or 453 of
the Evidence Code, such matter shall be specified in the notice
of motion, or in the supporting points and authorities, except as
the court may otherwise permit.

437c. (a) Any party may move for summary judgment in any action
or proceeding if it is contended that the action has no merit or
that there is no defense to the action or proceeding. The motion
may be made at any time after 60 days have elapsed since the
general appearance in the action or proceeding of each party
against whom the motion is directed or at any earlier time after
the general appearance that the court, with or without notice and
upon good cause shown, may direct. Notice of the motion and
supporting papers shall be served on all other parties to the
action at least 28 days before the time appointed for hearing.

However, if the notice is served by mail, the required 28-day
period of notice shall be increased by 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, and if the notice is served by facsimile
transmission, Express Mail, or another method of delivery
providing for overnight delivery, the required 28-day period of
notice shall be increased by two court days. The motion shall be
heard no later than 30 days before the date of trial, unless the
court for good cause orders otherwise. The filing of the motion
shall not extend the time within which a party must otherwise
file a responsive pleading.

(b) The motion shall be supported by affidavits, declarations,
admissions, answers to interrogatories, depositions, and matters
of which judicial notice shall or may be taken. The supporting
papers shall include a separate statement setting forth plainly
and concisely all material facts which the moving party contends
are undisputed. Each of the material facts stated shall be
followed by a reference to the supporting evidence. The failure
to comply with this requirement of a separate statement may in
the court's discretion constitute a sufficient ground for denial
of the motion.

Any opposition to the motion shall be served and filed not less
than 14 days preceding the noticed or continued date of hearing,
unless the court for good cause orders otherwise. The
opposition, where appropriate, shall consist of affidavits,
declarations, admissions, answers to interrogatories,
depositions, and matters of which judicial notice shall or may be
taken.

The opposition papers shall include a separate statement which
responds to each of the material facts contended by the moving
party to be undisputed, indicating whether the opposing party
agrees or disagrees that those facts are undisputed. The
statement also shall set forth plainly and concisely any other
material facts which the opposing party contends are disputed.
Each material fact contended by the opposing party to be disputed
shall be followed by a reference to the supporting evidence.

Failure to comply with this requirement of a separate statement
may constitute a sufficient ground, in the court's discretion,
for granting the motion.

Any reply to the opposition shall be served and filed by the
moving party not less than five days preceding the noticed or
continued date of hearing, unless the court for good cause orders
otherwise.

Evidentiary objections not made at the hearing shall be deemed
waived.

Sections 1005 and 1013, extending the time within which a right
may be exercised or an act may be done, do not apply to this
section.

Any incorporation by reference of matter in the court's file
shall set forth with specificity the exact matter to which
reference is being made and shall not incorporate the entire
file.

(c) The motion for summary judgment shall be granted if all the
papers submitted show that there is no triable issue as to any
material fact and that the moving party is entitled to a judgment
as a matter of law. In determining whether the papers show that
there is no triable issue as to any material fact the court shall
consider all of the evidence set forth in the papers, except that
to which objections have been made and sustained by the court,
and all inferences reasonably deducible from the evidence, except
summary judgment shall not be granted by the court based on
inferences reasonably deducible from the evidence, if
contradicted by other inferences or evidence, which raise a
triable issue as to any material fact.

(d) Supporting and opposing affidavits or declarations shall be
made by any person on personal knowledge, shall set forth
admissible evidence, and shall show affirmatively that the
affiant is competent to testify to the matters stated in the
affidavits or declarations. Any objections based on the failure
to comply with the requirements of this subdivision shall be made
at the hearing or shall be deemed waived.

(e) If a party is otherwise entitled to a summary judgment
pursuant to this section, summary judgment shall not be denied on
grounds of credibility or for want of cross-examination of
witnesses furnishing affidavits or declarations in support of the
summary judgment, except that summary judgment may be denied in
the discretion of the court, where the only proof of a material
fact offered in support of the summary judgment is an affidavit
or declaration made by an individual who was the sole witness to
that fact; or where a material fact is an individual' s state of
mind, or lack thereof, and that fact is sought to be established
solely by the individual's affirmation thereof.

(f) (1) A party may move for summary adjudication as to one or
more causes of action within an action, one or more affirmative
defenses, one or more claims for damages, or one or more issues
of duty, if that party contends that the cause of action has no
merit or that there is no affirmative defense thereto, or that
there is no merit to an affirmative defense as to any cause of
action, or both, or that there is no merit to a claim for
damages, as specified in Section 3294 of the Civil Code, or that
one or more defendants either owed or did not owe a duty to the
plaintiff or plaintiffs. A motion for summary adjudication shall
be granted only if it completely disposes of a cause of action,
an affirmative defense, a claim for damages, or an issue of duty.

(2) A motion for summary adjudication may be made by itself or as
an alternative to a motion for summary judgment and shall proceed
in all procedural respects as a motion for summary judgment.
However, a party may not move for summary judgment based on
issues asserted in a prior motion for summary adjudication and
denied by the court, unless that party establishes to the
satisfaction of the court, newly discovered facts or
circumstances or a change of law supporting the issues reasserted
in the summary judgment motion.

(g) Upon the denial of a motion for summary judgment, on the
ground that there is a triable issue as to one or more material
facts, the court shall, by written or oral order, specify one or
more material facts raised by the motion as to which the court
has determined there exists a triable controversy. This
determination shall specifically refer to the evidence proffered
in support of and in opposition to the motion which indicates
that a triable controversy exists. Upon the grant of a motion
for summary judgment, on the ground that there is no triable
issue of material fact, the court shall, by written or oral
order, specify the reasons for its determination. The order
shall specifically refer to the evidence proffered in support of,
and if applicable in opposition to, the motion which indicates
that no triable issue exists. The court shall also state its
reasons for any other determination. The court shall record its
determination by court reporter or written order.

(h) If it appears from the affidavits submitted in opposition to
a motion for summary judgment or summary adjudication or both
that facts essential to justify opposition may exist but cannot,
for reasons stated, then be presented, the court shall deny the
motion, or order a continuance to permit affidavits to be
obtained or discovery to be had or may make any other order as
may be just.

(i) If the court determines at any time that any of the
affidavits are presented in bad faith or solely for purposes of
delay, the court shall order the party presenting the affidavits
to pay the other party the amount of the reasonable expenses
which the filing of the affidavits caused the other party to
incur. Sanctions shall not be imposed pursuant to this
subdivision except on notice contained in a party's papers, or on
the court's own noticed motion, and after an opportunity to be
heard.

(j) Except where a separate judgment may properly be awarded in
the action, no final judgment shall be entered on a motion for
summary judgment prior to the termination of the action, but the
final judgment shall, in addition to any matters determined in
the action, award judgment as established by the summary
proceeding herein provided for.

(k) In actions which arise out of an injury to the person or to
property, when a motion for summary judgment was granted on the
basis that the defendant was without fault, no other defendant
during trial, over plaintiff's objection, may attempt to
attribute fault to or comment on the absence or involvement of
the defendant who was granted the motion.

(l) A summary judgment entered under this section is an
appealable judgment as in other cases. Upon entry of any order
pursuant to this section except the entry of summary judgment, a
party may, within 20 days after service upon him or her of a
written notice of entry of the order, petition an appropriate
reviewing court for a peremptory writ. If the notice is served
by mail, the initial period within which to file the petition
shall be increased by 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. If
the notice is served by facsimile transmission, Express Mail, or
another method of delivery providing for overnight delivery, the
initial period within which to file the petition shall be
increased by two court days. The superior court may, for good
cause, and prior to the expiration of the initial period, extend
the time for one additional period not to exceed 10 days.

(m) (1) If a motion for summary adjudication is granted, at the
trial of the action, the cause or causes of action within the
action, affirmative defense or defenses, claim for damages, or
issue or issues of duty as to the motion which has been granted
shall be deemed to be established and the action shall proceed as
to the cause or causes of action, affirmative defense or
defenses, claim for damages, or issue or issues of duty
remaining.

(2) In the trial of the action, the fact that a motion for
summary adjudication is granted as to one or more causes of
action, affirmative defenses, claims for damages, or issues of
duty within the action shall not operate to bar any cause of
action, affirmative defense, claim for damages, or issue of duty
as to which summary adjudication was either not sought or denied.

(3) When an objection is made to a motion for summary
adjudication, neither a party, nor a witness, nor the court may
comment upon the grant or denial of a motion for summary
adjudication, or upon the fact that a party did not seek to
summarily adjudicate any issue.

(n) A cause of action has no merit if either of the following
exists:

(1) One or more of the elements of the cause of action
cannot be separately established, even if that element is
separately pleaded.

(2) A defendant establishes an affirmative defense to that
cause of action.

(o) For purposes of motions for summary judgment and summary
adjudication:

(1) A plaintiff or cross-complainant has met his or her
burden of showing that there is no defense to a cause of
action if that party has proved each element of the cause of
action entitling the party to judgment on that cause of
action. Once the plaintiff or cross-complainant has met
that burden, the burden shifts to the defendant or cross-
defendant to show that a triable issue of one or more
material facts exists as to that cause of action or a
defense thereto. The defendant or cross-defendant may not
rely upon the mere allegations or denials of its pleadings
to show that a triable issue of material fact exists but,
instead, shall set forth the specific facts showing that a
triable issue of material fact exists as to that cause of
action or a defense thereto.

(2) A defendant or cross-defendant has met his or her
burden of showing that a cause of action has no merit if
that party has shown that one or more elements of the cause
of action, even if not separately pleaded, cannot be
established, or that there is a complete defense to that
cause of action. Once the defendant or cross-defendant has
met that burden, the burden shifts to the plaintiff or cross-
complainant to show that a triable issue of one or more
material facts exists as to that cause of action or a
defense thereto. The plaintiff or cross-complainant may not
rely upon the mere allegations or denials of its pleadings
to show that a triable issue of material fact exists but,
instead, shall set forth the specific facts showing that a
triable issue of material fact exists as to that cause of
action or a defense thereto.

(p) Nothing in this section shall be construed to extend the
period for trial provided by Section 1170.5.

(q) Subdivisions (a) and (b) shall not apply to actions
brought pursuant to Chapter 4 (commencing with Section 1159)
of Title 3 of Part 3.

(r) For the purposes of this section, a change in law shall
not include a later enacted statute without retroactive
application.

438. (a) As used in this section:

(1) "Complaint" includes a cross-complaint.

(2) "Plaintiff" includes a cross-complainant.

(3) "Defendant" includes a cross-defendant.

(b) (1) A party may move for judgment on the pleadings.

(2) The court may upon its own motion grant a motion for judgment on
the pleadings.

(c) (1) The motion provided for in this section may only be made
on one of the following grounds:

(A) If the moving party is a plaintiff, that the complaint
states facts sufficient to constitute a cause or causes of
action against the defendant and the answer does not state
facts sufficient to constitute a defense to the complaint.

(B) If the moving party is a defendant, that either of the
following conditions exist:

(i) The court has no jurisdiction of the subject of the
cause of action alleged in the complaint.

(ii) The complaint does not state facts sufficient to
constitute a cause of action against that defendant.

(2) The motion provided for in this section may be made as to either
of the following:

(A) The entire complaint or cross-complaint or as to any of the
causes of action stated therein.

(B) The entire answer or one or more of the separate defenses
set forth in the answer.

(3) If the court on its own motion grants the motion for
judgment on the pleadings, it shall be on one of the following
bases:

(A) If the motion is granted in favor of the plaintiff, it
shall be based on the grounds that the complaint states
facts sufficient to constitute a cause or causes of action
against the defendant and the answer does not state facts
sufficient to constitute a defense to the complaint.

(B) If the motion is granted in favor of the defendant,
that either of the following conditions exist:

(i) The court has no jurisdiction of the subject of the
cause of action alleged in the complaint.

(ii) The complaint does not state facts sufficient to
constitute a cause of action against that defendant.

(d) The grounds for motion provided for in this section
shall appear on the face of the challenged pleading or
from any matter of which the court is required to take
judicial notice. Where the motion is based on a matter
of which the court may take judicial notice pursuant to
Section 452 or 453 of the Evidence Code, the matter shall
be specified in the notice of motion, or in the
supporting points and authorities, except as the court
may otherwise permit.

(e) No motion may be made pursuant to this section if a
pretrial conference order has been entered pursuant to
Section 575, or within 30 days of the date the action is initially set for
trial, whichever is later, unless the court otherwise permits.

(f) The motion provided for in this section may be made only
after one of the following conditions has occurred:

(1) If the moving party is a plaintiff, and the defendant has
already filed his or her answer to the complaint and the time
for the plaintiff to demur to the answer has expired.

(2) If the moving party is a defendant, and the defendant has
already filed his or her answer to the complaint and the time
for the defendant to demur to the complaint has expired.

(g) The motion provided for in this section may be made even
though either of the following conditions exist, provided that
there is a material change in applicable case law or statute:

(1) The moving party has already demurred to the complaint or
answer, as the case may be, on the same grounds as is the
basis for the motion provided for in this section and the
demurrer has been overruled.

(2) The moving party did not demur to the complaint or
answer, as the case may be, on the same grounds as is the
basis for the motion provided for in this section.

(h) (1) The motion provided for in this section may be granted
with or without leave to file an amended complaint or answer, as
the case may be.

(2) Where a motion is granted pursuant to this section with
leave to file an amended complaint or answer, as the case may
be, then the court shall grant 30 days to the party against
whom the motion was granted to file an amended complaint or
answer, as the case may be.

(3) If the motion is granted with respect to the entire
complaint or answer without leave to file an amended complaint
or answer, as the case may be, then judgment shall be entered
forthwith in accordance with the motion granting judgment to
the moving party.

(4) If the motion is granted with leave to file an amended
complaint or answer, as the case may be, then the following
procedures shall be followed:

(A) If an amended complaint is filed after the time to file
an amended complaint has expired, then the court may strike
the complaint pursuant to Section 436 and enter judgment in
favor of that defendant against that plaintiff or a
plaintiff.

(B) If an amended answer is filed after the time to file an
amended answer has expired, then the court may strike the
answer pursuant to Section 436 and proceed to enter judgment
in favor of that plaintiff and against that defendant or a
defendant.

(C) Except where subparagraphs (A) and (B) apply, if the
motion is granted with respect to the entire complaint or
answer with leave to file an amended complaint or answer, as
the case may be, but an amended complaint or answer is not
filed, then after the time to file an amended complaint or
answer, as the case may be, has expired, judgment shall be
entered forthwith in favor of the moving party.

(i) (1) Where a motion for judgment on the pleadings is granted
with leave to amend, the court shall not enter a judgment in
favor of a party until the following proceedings are had:

(A) If an amended pleading is filed and the moving party
contends that pleading is filed after the time to file an
amended pleading has expired or that the pleading is in
violation of the court's prior ruling on the motion, then that
party shall move to strike the pleading and enter judgment in
its favor.

(B) If no amended pleading is filed, then the party shall
move for entry of judgment in its favor.

(2) All motions made pursuant to this subdivision shall be made
pursuant to Section 1010.

(3) At the hearing on the motion provided for in this
subdivision, the court shall determine whether to enter judgment
in favor of a particular party.

446. Every pleading shall be subscribed by the party or his
attorney. When the state, any county thereof, city, school
district, district, public agency, or public corporation, or any
officer of the state, or of any county thereof, city, school
district, district, public agency, or public corporation, in his or
her official capacity, is plaintiff, the answer shall be verified,
unless an admission of the truth of the complaint might subject the
party to a criminal prosecution, or, unless a county thereof, city,
school district, district, public agency, or public corporation, or
an officer of the state, or of any county, city, school district,
district, public agency, or public corporation, in his or her
official capacity, is defendant. When the complaint is verified,
the answer shall be verified. In all cases of a verification of a
pleading, the affidavit of the party shall state that the same is
true of his own knowledge, except as to the matters which are
therein stated on his or her information or belief, and as to those
matters that he or she believes it to be true; and where a pleading
is verified, it shall be by the affidavit of a party, unless the
parties are absent from the county where the attorney has his or
her office, or from some cause unable to verify it, or the facts
are within the knowledge of his or her attorney or other person
verifying the same. When the pleading is verified by the attorney,
or any other person except one of the parties, he or she shall set
forth in the affidavit the reasons why it is not made by one of the
parties.

When a corporation is a party, the verification may be made by any
officer thereof. When the state, any county thereof, city, school
district, district, public agency, or public corporation, or an
officer of the state, or of any county thereof, city, school
district, district, public agency, or public corporation, in his or
her official capacity is plaintiff, the complaint need not be
verified; and if the state, any county thereof, city, school
district, district, public agency, or public corporation, or an
officer of such state, county, city, school district, district,
public agency, or public corporation, in his or her official
capacity is defendant, its or his or her answer need not be
verified.

When the verification is made by the attorney for the reason that
the parties are absent from the county where he or she has his or
her office, or from some other cause are unable to verify it, or
when the verification is made on behalf of a corporation or public
agency by any officer thereof, the attorney's or officer's
affidavit shall state that he or she has read the pleading and that
he or she is informed and believes the matters therein to be true
and on that ground alleges that the matters stated therein are
true. However, in those cases the pleadings shall not otherwise be
considered as an affidavit or declaration establishing the facts
therein alleged.

A person verifying a pleading need not swear to the truth or his or
her belief in the truth of the matters stated therein but may,
instead, assert the truth or his or her belief in the truth of
those matters "under penalty of perjury."

447. (a) Except in actions pertaining to personal injury or
wrongful death, the signature of an attorney or party constitutes a
certificate by him or her that he or she has read the pleading,
motion, or other paper; that to the best of his or her knowledge,
information, and belief formed after reasonable inquiry, it is well
grounded in fact and is warranted by existing law or a good faith
argument for the extension, modification, or reversal of existing
law; and that it is not interposed for any improper purpose, such
as to harass or cause unnecessary delay or needless increase in the
cost of litigation. If a pleading, motion, or other paper is not
signed, it shall be stricken unless it is signed promptly after the
omission is called to the attention of the pleader or movant. If a
pleading, motion, or other paper is signed in violation of this
section, the court, upon motion or upon its own initiative, shall
impose upon the person who signed it, a represented party, or both,
an appropriate sanction, which may include an order to pay the
other party or parties the amount of the reasonable expenses
incurred because of the filing of the pleading, motion, or other
paper, including a reasonable attorney's fee. Sanctions may be
imposed only after notice and opportunity to be heard. An order
imposing sanctions shall be in writing, and shall recite in detail
the circumstances justifying sanctions.


(b) This section shall apply only in Riverside 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.

(c) No sanction may be imposed 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 whom the court has found 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 in any action in which one or more
of the plaintiffs seek to proceed as a class under Section 382.

(d) This section shall only be in effect until January 1, 1998,
and on that date is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 1998, deletes or
extends that date.

452. In the construction of a pleading, for the purpose of
determining its effect, its allegations must be liberally construed,
with a view to substantial justice between the parties.

454. It is not necessary for a party to set forth in a pleading the
items of an account therein alleged, but he must deliver to the
adverse party, within ten days after a demand thereof in writing, a
copy of the account, or be precluded from giving evidence thereof.
The court or judge thereof may order a further account when the one
delivered is too general, or is defective in any particular.

If the pleading is verified the account must be verified by the
affidavit of the party to the effect that he believes it to be
true; or if the facts are within the personal knowledge of the
agent or attorney for the party, or the party is not within the
county where the attorney has his office or from some cause unable
to make the affidavit, by the affidavit of the agent or attorney.

455. In an action for the recovery of real property, it must be
described in the complaint with such certainty as to enable an
officer, upon execution, to identify it.

456. In pleading a judgment or other determination of a court,
officer, or board, it is not necessary to state the facts
conferring jurisdiction, but such judgment or determination may be
stated to have been duly given or made and to have become final.
If such allegation be controverted, the party pleading must
establish on the trial the facts conferring jurisdiction and
creating finality.

457. In pleading the performance of conditions precedent in a
contract, it is not necessary to state the facts showing such
performance, but it may be stated generally that the party duly
performed all the conditions on his part, and if such allegation be
controverted, the party pleading must establish, on the trial, the
facts showing such performance.

458. In pleading the Statute of Limitations it is not necessary to
state the facts showing the defense, but it may be stated generally
that the cause of action is barred by the provisions of Section
____ (giving the number of the section and subdivision thereof, if
it is so divided, relied upon) of THE CODE OF CIVIL PROCEDURE; and
if such allegation be controverted, the party pleading must
establish, on the trial, the facts showing that the cause of action
is so barred.

459. In pleading a private statute, or an ordinance of a county or
municipal corporation, or a right derived therefrom, it is
sufficient to refer to such statute or ordinance by its title and
the day of its passage. In pleading the performance of conditions
precedent under a statute or an ordinance of a county or municipal
corporation, or of a right derived therefrom, it is not necessary
to state the facts showing such performance, but it may be stated
generally that the party duly performed all the conditions on his
part required thereby; if such allegations be controverted the
party pleading must establish on the trial the facts showing such
performance.

460. In an action for libel or slander it is not necessary to state
in the complaint any extrinsic facts for the purpose of showing the
application to the plaintiff of the defamatory matter out of which
the cause of action arose; but it is sufficient to state,
generally, that the same was published or spoken concerning the
plaintiff; and if such allegation be controverted, the plaintiff
must establish on the trial that it was so published or spoken.

460.5. (a) In any action for libel or slander, for good cause
shown upon ex parte written application, the court may order that
the time to respond to the complaint is 20 days after the service
of summons on the defendant. The application shall be supported by
an affidavit stating facts showing, among other things, that the
alleged defamatory matter has been continuously published and that
there is a reasonable likelihood that the publication will
continue. The order shall direct the clerk to endorse the summons
to show that the time to respond has been shortened pursuant to
this section. A copy of the application, affidavit, and order
shall be served with the summons.

(b) In any such action, unless otherwise ordered by the court
for good cause shown, the time allowed the defendant to respond
to the complaint or amend the answer under Section 586 shall not
exceed 10 days.

(c) The court shall give any such action precedence over all
other civil actions, except actions to which special precedence
is given by law, in the matter of the setting the case for
hearing or trial, and in hearing the case, to the end that all
such actions shall be quickly heard and determined. Except for
good cause shown, the court shall not grant a continuance in
excess of 10 days without the consent of the adverse party.

(d) For purposes of this section, "continuously published" means
three or more publications within 15 days.

460.7. (a) In any action by a candidate or former candidate for
elective public office against a holder of elective public office or
an opposing candidate for libel or slander which is alleged to have
occurred during the course of an election campaign the court shall
order that the time to respond to the complaint is 20 days after the
service of summons on the defendant. The order shall direct the clerk
to endorse the summons to show that the time to respond has been
shortened pursuant to this section. A copy of the affidavit and order
shall be served with the summons.

(b) In any action decribed in subdivision (a), unless otherwise
ordered by the court for good cause shown, the time allowed the
defendant to respond to the complaint or amend the answer under
Section 586 shall not exceed 10 days.

(c) The court shall give any action described in subdivision (a)
precedence over all other civil actions, except actions to
which special precedence is given by law, in the matter of the
setting of the case of hearing or trial, and in hearing the case,
to the end that all actions described in subdivision (a) shall be
quickly heard and determined. Except for good cause shown, the
court shall not grant a continuance in excess of 10 days without
the consent of the adverse party.

461. In any action within Section 460 or 460.5, the defendant
may, in his answer, allege both the truth of the matter charged
as defamatory, and any mitigating circumstances, to reduce the
amount of damages. Whether he proves the justification or not,
he may give in evidence the mitigating circumstances.

464. The plaintiff and defendant, respectively, may be allowed,
on motion, to make a supplemental complaint or answer, alleging
facts material to the case occurring after the former complaint
or answer.

465. Except with leave of the court, all pleadings subsequent to
the complaint, together with proof of service unless a summons
need be issued, shall be filed with the clerk or judge, and
copies thereof served upon the adverse party or his or her
attorney.

469. Section Four Hundred and Sixty-nine. No variance between the
allegation in a pleading and the proof is to be deemed material,
unless it has actually misled the adverse party to his prejudice in
maintaining his action or defense upon the merits. Whenever it
appears that a party has been so misled, the Court may order the
pleading to be amended, upon such terms as may be just.

470. Where the variance is not material, as provided in
Section 469 the court may direct the fact to be found according
to the evidence, or may order an immediate amendment, without
costs.

471. Where, however, the allegation of the claim or defense to
which the proof is directed, is unproved, not in some particular
or particulars only, but in its general scope and meaning, it is
not to be deemed a case of variance, within the meaning of
Sections 469 and 470, but a failure of proof.

471.5. (a) If the complaint is amended, a copy of the amendments
shall be filed, or the court may, in its discretion, require the
complaint as amended to be filed, and a copy of the amendments or
amended complaint must be served upon the defendants affected thereby.
The defendant shall answer the amendments, or the complaint as
amended, within 30 days after service thereof, or such other time as
the court may direct, and judgment by default may be entered upon
failure to answer, as in other cases. For the purposes of this
subdivision, "complaint" includes a cross-complaint, and "defendant"
includes a person against whom a cross-complaint is filed.

(b) If the answer is amended, the adverse party has 10 days after
service thereof, or such other time as the court may direct, in
which to demur to the amended answer.

472. Any pleading may be amended once by the party of course, and
without costs, at any time before the answer or demurrer is
filed, or after demurrer and before the trial of the issue of law
thereon, by filing the same as amended and serving a copy on the
adverse party, and the time in which the adverse party must
respond thereto shall be computed from the date of notice of the
amendment.

472a. (a) A demurrer is not waived by an answer filed at the
same time.

(b) Except as otherwise provided by rule adopted by the Judicial
Council, when a demurrer to a complaint or to a cross-complaint
is overruled and there is no answer filed, the court shall allow
an answer to be filed upon such terms as may be just. If a
demurrer to the answer is overruled, the action shall proceed as
if no demurrer had been interposed, and the facts alleged in the
answer shall be considered as denied to the extent mentioned in
Section 431.20.

(c) When a demurrer is sustained, the court may grant leave
to amend the pleading upon any terms as may be just and shall
fix the time within which the amendment or amended pleading
shall be filed. When a demurrer is stricken pursuant to
Section 436 and there is no answer filed, the court shall allow an
answer to be filed on terms that are just.

(d) When a motion to strike is granted pursuant to Section 436,
the court may order that an amendment or amended pleading be
filed upon terms it deems proper. When a motion to strike a complaint
or cross-complaint, or portion thereof, is denied, the court shall
allow the party filing the motion to strike to file an answer.

(e) When a motion to dismiss an action pursuant to Article 2 (commencing
with Section 583.210) of Chapter 1.5 of Title 8 is denied,
the court shall allow a pleading to be filed. 472b. When a demurrer
to any pleading is sustained or overruled, and time to amend or answer
is given, the time so given runs from the service of notice of the
decision or order, unless such notice is waived in open court, and the
waiver entered in the minutes or docket.

472c. (a) When any court makes an order sustaining a demurrer without
leave to amend the question as to whether or not such court abused its
discretion in making such an order is open on appeal even though no
request to amend such pleading was made.

(b) The following orders shall be deemed open on appeal where an
amended pleading is filed after the court's order:

(1) An order sustaining a demurrer to a cause of action within a
complaint or cross-complaint where the order did not sustain the
demurrer as to the entire complaint or cross-complaint.

(2) An order sustaining a demurrer to an affirmative defense
within an answer where the order sustaining the demurrer did not
sustain the demurrer as to the entire answer.

(3) An order granting a motion to strike a portion of a pleading
where the order granting the motion to strike did not strike the
entire pleading.

(c) As used in this section, "open on appeal" means that a
party aggrieved by an order listed in subdivision (b) may
claim the order as error in an appeal from the final judgment
in the action.

472d. Whenever a demurrer in any action or proceeding is sustained,
the court shall include in its decision or order a statement of the
specific ground or grounds upon which the decision or order is based
which may be by reference to appropriate pages and paragraphs of the
demurrer.

The party against whom a demurrer has been sustained may waive these
requirements.

473. The court may, in furtherance of justice, and on any terms as
may be proper, allow a party to amend any pleading or proceeding by
adding or striking out the name of any party, or by correcting a
mistake in the name of a party, or a mistake in any other respect;
and may, upon like terms, enlarge the time for answer or demurrer.
The court may likewise, in its discretion, after notice to the
adverse party, allow, upon any terms as may be just, an amendment
to any pleading or proceeding in other particulars; and may upon
like terms allow an answer to be made after the time limited by
this code.

When it appears to the satisfaction of the court that the amendment
renders it necessary, the court may postpone the trial, and may,
when the postponement will by the amendment be rendered necessary,
require, as a condition to the amendment, the payment to the
adverse party of any costs as may be just.

The court may, upon any terms as may be just, relieve a party or
his or her legal representative from a judgment, dismissal, order,
or other proceeding taken against him or her through his or her
mistake, inadvertence, surprise, or excusable neglect. Application
for this relief shall be accompanied by a copy of the answer or
other pleading proposed to be filed therein, otherwise the
application shall not be granted, and shall be made within a
reasonable time, in no case exceeding six months, after the
judgment, dismissal, order, or proceeding was taken. However, in
the case of a judgment, dismissal, order, or other proceeding
determining the ownership or right to possession of real or
personal property, without extending the six-month period, when a
notice in writing is personally served within the State of
California both upon the party against whom the judgment,
dismissal, order, or other proceeding has been taken, and upon his
or her attorney of record, if any, notifying that party and his or
her attorney of record, if any, that the order, judgment,
dismissal, or other proceeding was taken against him or her and
that any rights the party has to apply for relief under the
provisions of Section 473 of the Code of Civil Procedure shall
expire 90 days after service of the notice, then the application
shall be made within 90 days after service of the notice upon the
defaulting party or his or her attorney of record, if any,
whichever service shall be later. No affidavit or declaration of
merits shall be required of the moving party.

Notwithstanding any other requirements of this section, the
court shall, whenever an application for relief is made no more
than six months after entry of judgment, is in proper form, and
is accompanied by an attorney's sworn affidavit attesting to his
or her mistake, inadvertence, surprise, or neglect, vacate any

(1) resulting default entered by the clerk against his or her
client, and which will result in entry of a default judgment, or

(2) resulting default judgment or dismissal entered against his
or her client, unless the court finds that the default or
dismissal was not in fact caused by the attorney's mistake,
inadvertence, surprise, or neglect. The court shall, whenever
relief is granted based on an attorney's affidavit of fault,
direct the attorney to pay reasonable compensatory legal fees and
costs to opposing counsel or parties. However, this section
shall not lengthen the time within which an action shall be
brought to trial pursuant to Section 583.310.
Whenever the court grants relief from a default, default
judgment, or dismissal based on any of the provisions of this
section, the court may: (1) impose a penalty of no greater than
one thousand dollars ($1,000) upon an offending attorney or
party, (2) direct that an offending attorney pay an amount no
greater than one thousand dollars ($1,000) to the State Bar
Client Security Fund, or (3) grant other relief as is
appropriate.

However, where the court grants relief from a default or default
judgment pursuant to this section based upon the affidavit of the
defaulting party's attorney attesting to the attorney's mistake,
inadvertence, surprise, or neglect, the relief shall not be made
conditional upon the attorney's payment of compensatory legal
fees or costs or monetary penalties imposed by the court or upon
compliance with other sanctions ordered by the court.

The court may, upon motion of the injured party, or its own
motion, correct clerical mistakes in its judgment or orders as
entered, so as to conform to the judgment or order directed, and
may, on motion of either party after notice to the other party,
set aside any void judgment or order.

473.1. The court may, upon such terms as may be just, relieve a
party from a judgment, order, or other proceeding taken
against him or her, including dismissal of an action pursuant
to Section 581 or Chapter 1.5 (commencing with Section 583.110)
of Title 8, where a court of this state has assumed
jurisdiction, pursuant to Section 6180 or 6190 of the Business
and Professions Code, over the law practice of the attorney
for the party and the judgment, order or other proceeding was
taken against the party after the application for the court to
assume jurisdiction over the practice was filed. Application
for this relief shall be made within a reasonable period of
time, in no case exceeding six months, after the court takes
jurisdiction over the practice. However, in the case of a
judgment, order, or other proceeding determining the ownership
or right to possession of real or personal property, without
extending the six-month period, when a notice in writing is
personally served within the state both upon the party against
whom the judgment, order, or other proceeding has been taken,
and upon the attorney appointed pursuant to Section 6180.5 of
the Business and Professions Code to act under the court's
direction, notifying the party and the appointed attorney that
the order, judgment, or other proceeding was taken against him
or her and that any rights the party has to apply for relief
under the provisions of the section shall expire 90 days after
service of notice, then application for relief must be made
within 90 days after service of the notice upon the defaulting
party or the attorney appointed to act under the court's
direction pursuant to Section 6180.5 of the Business
and Professions Code, whichever service is
later. No affidavit or declaration of merits shall be required of the
moving party.

473.5. (a) When service of a summons has not resulted in actual
notice to a party in time to defend the action and a default or
default judgment has been entered against him or her in the action, he
or she may serve and file a notice of motion to set aside the default
or default judgment and for leave to defend the action. The notice of
motion shall be served and filed within a reasonable time, but in no
event exceeding the earlier of: (i) two years after entry of a
default judgment against him or her; or (ii) 180 days after service on
him or her of a written notice that the default or default judgment
has been entered.

(b) A notice of motion to set aside a default or default
judgment and for leave to defend the action shall designate
as the time for making the motion a date prescribed by
subdivision (b) of Section 1005, and it shall be accompanied
by an affidavit showing under oath that the party's lack of
actual notice in time to defend the action was not caused by
his or her avoidance of service or inexcusable neglect. The
party shall serve and file with the notice a copy of the
answer, motion, or other pleading proposed to be filed in
the action.

(c) Upon a finding by the court that the motion was made
within the period permitted by subdivision (a) and that his
or her lack of actual notice in time to defend the action
was not caused by his or her avoidance of service or
inexcusable neglect, it may set aside the default or default
judgment on whatever terms as may be just and allow the
party to defend the action.

474. When the plaintiff is ignorant of the name of a defendant, he
must state that fact in the complaint, or the affidavit if the
action is commenced by affidavit, and such defendant may be
designated in any pleading or proceeding by any name, and when his
true name is discovered, the pleading or proceeding must be amended
accordingly; provided, that no default or default judgment shall be
entered against a defendant so designated, unless it appears that
the copy of the summons or other process, or, if there be no
summons or process, the copy of the first pleading or notice served
upon such defendant bore on the face thereof a notice stating in
substance: "To the person served: You are hereby served in the
within action (or proceedings) as (or on behalf of) the person sued
under the fictitious name of (designating it)." The certificate or
affidavit of service must state the fictitious name under which
such defendant was served and the fact that notice of identity was
given by endorsement upon the document served as required by this
section. The foregoing requirements for entry of a default or
default judgment shall be applicable only as to fictitious names
designated pursuant to this section and not in the event the
plaintiff has sued the defendant by an erroneous name and shall not
be applicable to entry of a default or default judgment based upon
service, in the manner otherwise provided by law, of an amended
pleading, process or notice designating defendant by his true name.

475. The court must, in every stage of an action, disregard any
error, improper ruling, instruction, or defect, in the pleadings or
proceedings which, in the opinion of said court, does not affect
the substantial rights of the parties. No judgment, decision, or
decree shall be reversed or affected by reason of any error,
ruling, instruction, or defect, unless it shall appear from the
record that such error, ruling, instruction, or defect was
prejudicial, and also that by reason of such error, ruling,
instruction, or defect, the said party complaining or appealing
sustained and suffered substantial injury, and that a different
result would have been probable if such error, ruling, instruction,
or defect had not occurred or existed. There shall be no
presumption that error is prejudicial, or that injury was done if
error is shown. 481.010. Unless the provision or context
otherwise requires, the definitions in this chapter govern the
construction of this title.

481.020. "Account debtor" means "account debtor" as defined in
Section 9105 of the Commercial Code.

481.030. "Account receivable" means "account" as defined in
Section 9106 of the Commercial Code.

481.040. "Chattel paper" means "chattel paper" as defined in
Section 9105 of the Commercial Code.

481.055. "Costs" means costs and disbursements, including, but not
limited to, statutory fees, charges, commissions, and expenses.

481.060. "Complaint" includes a cross-complaint.


481.070. "Defendant" includes a cross-defendant.

481.080. "Deposit account" means "deposit account" as defined in
Section 9105 of the Commercial Code.

481.090. "Document of title" means "document" as defined in Section 9105
of the Commercial Code. A document of title is negotiable if it
is negotiable within the meaning of Section 7104 of the Commercial
Code.

481.100. "Equipment" means tangible personal property in the
possession of the defendant and used or bought for use primarily in
the defendant's trade, business, or profession if it is not included
in the definitions of inventory or farm products. 481.110. "Farm
products" means crops or livestock or supplies used or produced in
farming operations or products of crops or livestock in their
unmanufactured states (such as ginned cotton, wool clip, maple syrup,
milk, and eggs), while in the possession of a defendant engaged in
raising, fattening, grazing, or other farming operations. If tangible
personal property is a farm product, it is neither equipment nor
inventory.

481.113. "Financial institution" means a state or national bank,
state or federal savings and loan association or credit union, or like
organization, and includes a corporation engaged in a safe deposit
business.

481.115. "General intangibles" means "general intangibles," as
defined in Section 9106 of the Commercial Code, consisting of rights
to payment.

481.117. "Instrument" means "instrument" as defined in Section 9105
of the Commercial Code, but does not include a security. 481.120.
"Inventory" means tangible personal property in possession of a
defendant that (a) is held by the defendant for sale or lease or to be
furnished under contracts of service or (b) is raw materials, work in
process, or materials used or consumed in his trade, business, or
profession. Inventory of a person is not to be classified as his
equipment. 481.140. "Levying officer" means the sheriff, constable,
or marshal who is directed to execute a writ or order issued under
this title.

481.170. "Person" includes a natural person, a corporation, a
partnership or other unincorporated association, and a public entity.

481.175. "Personal property" includes both tangible and intangible
personal property.

481.180. "Plaintiff" means a person who files a complaint or cross-
complaint.

481.190. A claim has "probable validity" where it is more likely than
not that the plaintiff will obtain a judgment against the defendant on
that claim.

481.195. "Property" includes real and personal property and any
interest therein.

481.200. "Public entity" includes the state, the Regents of the
University of California, a county, a city, district, public
authority, public agency, and any other political subdivision or
public corporation in the state.

481.203. "Real property" includes any right in real property,
including, but not limited to, a leasehold interest in real property.

481.205. "Registered process server" means a person registered as a
process server pursuant to Chapter 16 (commencing with Section 22350)
of Division 8 of the Business and Professions Code.481.207.
"Secured party" means "secured party" as defined in 
Section 9105 of the Commercial Code.

481.210. "Security" means a "security" as defined by Section 8102 of
the Commercial Code.

481.220. "Security agreement" means a "security agreement" as defined
by Section 9105 of the Commercial Code. 481.223. "Security interest"
means "security interest" as defined in Section 1201 of the Commercial
Code. 481.225. "Tangible personal property" includes chattel paper,
documents of title, instruments, securities, and money. 482.010.
This title shall be known and may be cited as "The Attachment Law."

482.020. Nothing in this title precludes the granting of relief
pursuant to Chapter 3 (commencing with Section 525) of Title 7.

482.030. (a) The Judicial Council may provide by rule for the
practice and procedure in proceedings under this title.

(b) The Judicial Council shall prescribe the form of the applications,
notices, orders, and other documents required by this title.

482.040. The facts stated in each affidavit filed pursuant to this
title shall be set forth with particularity. Except where matters are
specifically permitted by this title to be shown by information and
belief, each affidavit shall show affirmatively that the affiant, if
sworn as a witness, can testify competently to the facts stated
therein. As to matters shown by information and belief, the affidavit
shall state the facts on which the affiant's belief is based, showing
the nature of his information and the reliability of his informant.
The affiant may be any person, whether or not a party to the action,
who has knowledge of the facts. A verified complaint that satisfies
the requirements of this section may be used in lieu of or in addition
to an affidavit.

482.050. (a) If the plaintiff so requests in writing at the time he
files his complaint, the clerk of the court with whom the complaint is
filed shall not make available to the public the records and documents
in such action before either (1) 30 days after the filing of the
complaint or (2) the filing pursuant to this title of the return of
service of the notice of hearing and any temporary protective order,
or of the writ of attachment if issued without notice, whichever event
occurs first.

(b) Notwithstanding subdivision (a), the clerk of the court shall make
the entire file in the action available for inspection at any time to
any party named in the complaint or to his attorney.

(c) The request by plaintiff that the fact of filing of a
complaint or application for relief not be made public may take
the form of a notation to that effect, made by rubber stamp or
other suitable means, at the top of the first page of the
complaint filed with the clerk.

482.060. (a) Except as otherwise provided in subdivision (b), the
judicial duties to be performed under this title are subordinate
judicial duties within the meaning of Section 22 of Article VI of the
California Constitution and may be performed by appointed officers
such as court commissioners.

(b) The judicial duties to be performed in the determination of the
following matters are not subordinate judicial duties:

(1) A contested claim of exemption.

(2) A contested motion for determination of the liability and
damages for wrongful attachment.

(3) A contested third-party claim.

(4) A contested proceeding to enforce a third person's
liability.

(c) Nothing in subdivision (b) limits the power of a court to
appoint a temporary judge pursuant to Section 21 of Article VI
of the California Constitution.

482.070. (a) Except as otherwise provided in this title, a
writ, notice, order, or other paper required or permitted to
be served under this title may be served personally or by
mail.

(b) Except as otherwise provided in this section, service of a
writ, notice, order, or other paper under this title is
governed by Article 1 (commencing with Section 684.010) and
Article 2 (commencing with Section 684.110) of Chapter 4 of
Division 1 of Title 9, including the provisions of Section 684.120
extending time when service is made by mail.

(c) For the purpose of subdivision (b), in Article 1 (commencing
with Section 684.010) and Article 2 (commencing with
Section 684.110) of Chapter 4 of Division 1 of Title 9:

(1) References to the "judgment debtor" shall be deemed
references to the defendant.

(2) References to the "judgment creditor" shall be deemed
references to the plaintiff.

(3) References to a "writ" shall be deemed references to a writ
of attachment.

(4) References to a "notice of levy" shall be deemed references
to a notice of attachment.

(d) If the defendant has not appeared in the action and a
writ, notice, order, or other paper is required to be
personally served on the defendant under this title, service
shall be made in the same manner as a summons is served under
Chapter 4 (commencing with Section 413.10) of Title 5.

(e) Except for service of a subpoena or other process to
require the attendance of the defendant or service of a paper
to bring the defendant into contempt, if the defendant has an
attorney of record in the action, service shall be made on the
attorney rather than on the defendant.

(f) Proof of service under this title is governed by Article 3 (commencing
with Section 684.210) of Chapter 4 of Division 1 of Title 9.

482.080. (a) If a writ of attachment is issued, the court may also
issue an order directing the defendant to transfer to the levying
officer either or both of the following:

(1) Possession of the property to be attached if the property is
sought to be attached by taking it into custody.

(2) Possession of documentary evidence of title to property of
or a debt owed to the defendant that is sought to be attached.
An order pursuant to this paragraph may be served when the
property or debt is levied upon or thereafter.

(b) The order shall be personally served on the defendant and shall
contain a notice to the defendant that failure to comply with the
order may subject the defendant to arrest and punishment for contempt
of court.

482.090. (a) Several writs in the same form may be issued
simultaneously or from time to time upon the same undertaking, whether
or not any writ previously issued has been returned.

(b) After the return of the writ of attachment, or upon the
filing by the plaintiff of an affidavit setting forth the loss of
the writ of attachment, the clerk, upon demand of the plaintiff
at any time before judgment, may issue an alias writ which shall
be in the same form as the original without requirement of a new
undertaking.

(c) The date of issuance of a writ of attachment shall be deemed
to be the date the writ is first issued.

482.100. (a) The defendant may claim an exemption provided in
Section 487.020 for property levied upon pursuant to a writ issued under
this title if the right to the exemption is the result of a change in
circumstances occurring after (1) the denial of a claim of exemption
for the property earlier in the action or (2) the expiration of the
time for claiming the exemption earlier in the action.

(b) A claim of exemption under this section shall follow the procedure
provided in Article 2 (commencing with Section 703.510) of Chapter 4
of Division 2 of Title 9 except that, subject to subdivision (a), the
defendant may claim the exemption at any time. For this purpose,
references in Article 2 (commencing with Section 703.510) of Chapter 4
of Division 2 of Title 9 to the "judgment debtor" shall be deemed
references to the defendant, and references to the "judgment creditor"
shall be deemed references to the plaintiff.

(c) The exemption provided by subdivision (b) of Section 487.020
may be claimed at the defendant's option either pursuant to
subdivision (b) of this section or by following the procedure provided
in this subdivision. The claim shall be made by filing with the court
and serving on the plaintiff a notice of motion. Service on the
plaintiff shall be made not less than three days prior to the date set
for the hearing. The hearing shall be held not more than five days
after the filing of the notice of motion unless, for good cause shown,
the court orders otherwise. The notice of motion shall state the
relief requested and shall be accompanied by an affidavit supporting
any factual issues raised and points and authorities supporting any
legal issues raised. At the hearing on the motion, the defendant has
the burden of showing that the property is exempt pursuant to
subdivision (b) of Section 487.020. Upon this showing and the showing
required by subdivision (a), the court shall order the release of the
property.

482.110. (a) The plaintiff's application for a right to attach order
and a writ of attachment pursuant to this title may include an
estimate of the costs and allowable attorney's fees.

(b) In the discretion of the court, the amount to be secured by the
attachment may include an estimated amount for costs and allowable
attorney's fees.

482.120. If the court determines at the hearing on issuance of a writ
of attachment under this title that the value of the defendant's
interest in the property described in the plaintiff' s application
clearly exceeds the amount necessary to satisfy the amount to be
secured by the attachment, the court may direct the order of levy on
the property described in the writ or restrict the amount of the
property to be levied upon. 483.010. (a) Except as otherwise
provided by statute, an attachment may be issued only in an action on
a claim or claims for money, each of which is based upon a contract,
express or implied, where the total amount of the claim or claims is a
fixed or readily ascertainable amount not less than five hundred
dollars ($500) exclusive of costs, interest, and attorney's fees.

(b) An attachment may not be issued on a claim which is secured by any
interest in real property arising from agreement, statute, or other
rule of law (including any mortgage or deed of trust of realty and any
statutory, common law, or equitable lien on real property, but
excluding any security interest in fixtures subject to Division 9 (commencing
with Section 9101) of the Commercial Code). However, an
attachment may be issued (1) where the claim was originally so secured
but, without any act of the plaintiff or the person to whom the
security was given, the security has become valueless or has decreased
in value to less than the amount then owing on the claim, in which
event the amount to be secured by the attachment shall not exceed the
lesser of the amount of the decrease or the difference between the
value of the security and the amount then owing on the claim, or (2)
where the claim was secured by a nonconsensual possessory lien but the
lien has been relinquished by the surrender of the possession of the
property.

(c) If the action is against a defendant who is a natural
person, an attachment may be issued only on a claim which arises
out of the conduct by the defendant of a trade, business, or
profession. An attachment may not be issued on a claim against a
defendant who is a natural person if the claim is based on the
sale or lease of property, a license to use property, the
furnishing of services, or the loan of money where the property
sold or leased, or licensed for use, the services furnished, or
the money loaned was used by the defendant primarily for
personal, family, or household purposes.

(d) An attachment may be issued pursuant to this section whether
or not other forms of relief are demanded.

(e) 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.

483.010. (a) Except as otherwise provided by statute, an attachment
may be issued only in an action on a claim or claims for money, each
of which is based upon a contract, express or implied, where the total
amount of the claim or claims is a fixed or readily ascertainable
amount not less than five hundred dollars ($500) exclusive of costs,
interest, and attorney's fees.

(b) An attachment may not be issued on a claim which is secured
by any interest in real or personal property arising from
agreement, statute, or other rule of law (including any mortgage
or deed of trust of realty, any security interest subject to
Division 9 (commencing with Section 9101) of the Commercial Code,
and any statutory, common law, or equitable lien). However, an
attachment may be issued (1) where the claim was originally so
secured but, without any act of the plaintiff or the person to
whom the security was given, the security has become valueless or
has decreased in value to less than the amount then owing on the
claim, in which event the amount for which the attachment may
issue shall not exceed the lesser of the amount of the decrease
or the difference between the value of the security and the
amount then owing on the claim, or (2) where the claim was
secured by a nonconsensual possessory lien but the lien has been
relinquished by the surrender of the possession of the property.

(c) If the action is against a defendant who is a natural
person, an attachment may be issued only on a claim which arises
out of the conduct by the defendant of a trade, business, or
profession. An attachment may not be issued on a claim against a
defendant who is a natural person if the claim is based on the
sale or lease of property, a license to use property, the
furnishing of services, or the loan of money where the property
sold or leased, or licensed for use, the services furnished, or
the money loaned was used by the defendant primarily for
personal, family, or household purposes.

(d) An attachment may be issued pursuant to this section whether
or not other forms of relief are demanded.

(e) This section shall become operative on January 1, 1996.

483.015. (a) Subject to subdivision (b) and to Section 483.020, the
amount to be secured by an attachment is the sum of the following:

(1) The amount of the defendant's indebtedness claimed by the
plaintiff.

(2) Any additional amount included by the court under Section 482.110.

(b) The amount described in subdivision (a) shall be reduced by
the sum of the following:

(1) The amount of any money judgment in favor of the
defendant and against the plaintiff that remains unsatisfied
and is enforceable.

(2) The amount of any indebtedness of the plaintiff that the
defendant has claimed in a cross-complaint filed in the action
if the defendant's claim is one upon which an attachment could
be issued.

(3) The amount of any claim of the defendant asserted as a
defense in the answer pursuant to Section 431.70 if the
defendant's claim is one upon which an attachment could be
issued had an action been brought on the claim when it was not
barred by the statute of limitations.

(4) The value of any security interest in the property of the
defendant held by the plaintiff to secure the defendant's
indebtedness claimed by the plaintiff, together with the
amount by which the value of the security interest has
decreased due to the act of the plaintiff or any person to
whom the security interest was transferred.

(c) 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.

483.015. (a) Subject to subdivision (b) and to Section 483.020, the
amount to be secured by an attachment is the sum of the following:

(1) The amount of the defendant's indebtedness claimed by the
plaintiff.

(2) Any additional amount included by the court under Section 482.110.

(b) The amount described in subdivision (a) shall be reduced by the
sum of the following:

(1) The amount of any money judgment in favor of the defendant
and against the plaintiff that remains unsatisfied and is
enforceable.

(2) The amount of any indebtedness of the plaintiff that the
defendant has claimed in a cross-complaint filed in the action if
the defendant's claim is one upon which an attachment could be
issued.

(3) The amount of any claim of the defendant asserted as a
defense in the answer pursuant to Section 431.70 if the
defendant's claim is one upon which an attachment could be issued
had an action been brought on the claim when it was not barred by
the statute of limitations.

(c) This section shall become operative on January 1, 1996.

483.020. (a) Subject to subdivisions (d) and (e), the amount to be
secured by the attachment in an unlawful detainer proceeding is the
sum of the following:

(1) The amount of the rent due and unpaid as of the date of
filing the complaint in the unlawful detainer proceeding.

(2) Any additional amount included by the court under
subdivision c.

(3) Any additional amount included by the court under Section 482.110.

(b) In an unlawful detainer proceeding, the plaintiff's application
for a right to attach order and a writ of attachment pursuant to this
title may include (in addition to the rent due and unpaid as of the
date of the filing of the complaint and any additional estimated
amount authorized by Section 482.110) an amount equal to the rent for
the period from the date the complaint is filed until the estimated
date of judgment or such earlier estimated date as possession has been
or is likely to be delivered to the plaintiff, such amount to be
computed at the rate provided in the lease.

(c) The amount to be secured by the attachment in the unlawful
detainer proceeding may, in the discretion of the court, include
an additional amount equal to the amount of rent for the period
from the date the complaint is filed until the estimated date of
judgment or such earlier estimated date as possession has been or
is likely to be delivered to the plaintiff, such amount to be
computed at the rate provided in the lease.

(d) Notwithstanding subdivision (b) of Section 483.010, an
attachment may be issued in an unlawful detainer proceeding where
the plaintiff has received a payment or holds a deposit to secure
the payment of rent or the performance of other obligations under
the lease. If the payment or deposit secures only the payment of
rent, the amount of the payment or deposit shall be subtracted in
determining the amount to be secured by the attachment. If the
payment or deposit secures the payment of rent and the
performance of other obligations under the lease or secures only
the performance of other obligations under the lease, the amount
of the payment or deposit shall not be subtracted in determining
the amount to be secured by the attachment.

(e) The amount to be secured by the attachment as otherwise
determined under this section shall be reduced by the amounts
described in subdivision (b) of Section 483.015.

484.010. Upon the filing of the complaint or at any time thereafter,
the plaintiff may apply pursuant to this article for a right to attach
order and a writ of attachment by filing an application for the order
and writ with the court in which the action is brought.

484.020. The application shall be executed under oath and shall
include all of the following:

(a) A statement showing that the attachment is sought to secure
the recovery on a claim upon which an attachment may be issued.

(b) A statement of the amount to be secured by the attachment.

(c) A statement that the attachment is not sought for a purpose
other than the recovery on the claim upon which the attachment is
based.

(d) A statement that the applicant has no information or belief
that the claim is discharged in a proceeding under Title 11 of
the United States Code (Bankruptcy) or that the prosecution of
the action is stayed in a proceeding under Title 11 of the United
States Code (Bankruptcy).

(e) A description of the property to be attached under the writ
of attachment and a statement that the plaintiff is informed and
believes that such property is subject to attachment. Where the
defendant is a corporation, a reference to "all corporate
property which is subject to attachment pursuant to subdivision (a)
of Code of Civil Procedure Section 487.010" satisfies
the requirements of this subdivision. Where the
defendant is a partnership or other unincorporated association, a
reference to "all property of the partnership or other unincorporated
association which is subject to attachment pursuant to subdivision (b)
of Code of Civil Procedure Section 487.010" satisfies the requirements
of this subdivision. Where the defendant is a natural person, the
description of the property shall be reasonably adequate to permit the
defendant to identify the specific property sought to be attached.

484.030. The application shall be supported by an affidavit showing
that the plaintiff on the facts presented would be entitled to a
judgment on the claim upon which the attachment is based.

484.040. No order or writ shall be issued under this article except
after a hearing. At the times prescribed by subdivision (b) of
Section 1005, the defendant shall be served with all of the following:

(a) A copy of the summons and complaint.

(b) A notice of application and hearing.

(c) A copy of the application and of any affidavit in support of
the application.

484.050. The notice of application and hearing shall inform the
defendant of all of the following:

(a) A hearing will be held at a place and at a time, to be
specified in the notice, on plaintiff's application for a right
to attach order and a writ of attachment.

(b) The order will be issued if the court finds that the
plaintiff's claim is probably valid and the other requirements
for issuing the order are established. The hearing is not for
the purpose of determining whether the claim is actually valid.
The determination of the actual validity of the claim will be
made in subsequent proceedings in the action and will not be
affected by the decisions at the hearing on the application for
the order.

(c) The amount to be secured by the attachment is the amount of
the defendant's indebtedness claimed by the plaintiff over and
above the sum of (1) the amount of any money judgment in favor
of the defendant and against the plaintiff that remains
unsatisfied and is enforceable, (2) the amount of any
indebtedness of the plaintiff claimed by the defendant in a cross-
complaint filed in the action if the defendant's claim is one
upon which an attachment could be issued, and (3) the amount of
any claim of the defendant asserted as a defense in the answer
pursuant to Section 431.70 if the defendant's claim is one upon
which an attachment could be issued had an action been brought on
the claim when it was not barred by the statute of limitations.

(d) If the right to attach order is issued, a writ of attachment
will be issued to attach the property described in the
plaintiff's application unless the court determines that such
property is exempt from attachment or that its value clearly
exceeds the amount necessary to satisfy the amount to be secured
by the attachment. However, additional writs of attachment may
be issued to attach other nonexempt property of the defendant on
the basis of the right to attach order.

(e) If the defendant desires to oppose the issuance of the
order, the defendant shall file with the court and serve on the
plaintiff a notice of opposition and supporting affidavit as
required by Section 484.060 not later than five days prior to the
date set for hearing.

(f) If the defendant claims that the personal property described
in the application, or a portion thereof, is exempt from
attachment, the defendant shall include that claim in the notice
of opposition filed and served pursuant to Section

484.060 or file and serve a separate claim of exemption with respect
to the property as provided in Section 484.070. If the defendant does
not do so, the claim of exemption will be barred in the absence of a
showing of a change in circumstances occurring after the expiration of
the time for claiming exemptions.

(g) The defendant may obtain a determination at the hearing
whether real or personal property not described in the
application or real property described in the application is
exempt from attachment by including the claim in the notice of
opposition filed and served pursuant to Section 484.060 or by
filing and serving a separate claim of exemption with respect to
the property as provided in Section 484.070, but the failure to
so claim that the property is exempt from attachment will not
preclude the defendant from making a claim of exemption with
respect to the property at a later time.

(h) Either the defendant or the defendant's attorney or both of
them may be present at the hearing.

(i) The notice shall contain the following statement: "You may
seek the advice of an attorney as to any matter connected with
the plaintiff's application. The attorney should be consulted
promptly so that the attorney may assist you before the time set
for hearing."

484.060. (a) If the defendant desires to oppose the issuance of the
right to attach order sought by plaintiff or objects to the amount
sought to be secured by the attachment, the defendant shall file and
serve upon the plaintiff no later than five court days prior to the
date set for the hearing a notice of opposition. The notice shall
state the grounds on which the defendant opposes the issuance of the
order or objects to the amount sought to be secured by the attachment
and shall be accompanied by an affidavit supporting any factual issues
raised and points and authorities supporting any legal issues raised.
If the defendant fails to file a notice of opposition within the time
prescribed, the defendant shall not be permitted to oppose the
issuance of the order.

(b) If a defendant filing a notice of opposition desires to make
any claim of exemption as provided in Section 484.070, the
defendant may include that claim in the notice of opposition
filed pursuant to this section.

(c) The plaintiff may file and serve upon the opposing party a
reply two court days prior to the date set for the hearing.

484.070. (a) If the defendant claims that the personal property
described in the plaintiff's application, or a portion of such
property, is exempt from attachment, the defendant shall claim the
exemption as provided in this section. If the defendant fails to make
the claim or makes the claim but fails to prove that the personal
property is exempt, the defendant may not later claim the exemption
except as provided in Section 482.100.

(b) If the defendant desires to claim at the hearing that real or
personal property not described in the plaintiff's application or real
property described in the plaintiff's application is exempt from
attachment, in whole or in part, the defendant shall claim the
exemption as provided in this section. Failure to make the claim does
not preclude the defendant from later claiming the exemption. If the
claim is made as provided in this section but the defendant fails to
prove that the property is exempt from attachment, the defendant may
not later claim that the property, or a portion thereof, is exempt
except as provided in Section 482.100.

(c) The claim of exemption shall:

(1) Describe the property claimed to be exempt.

(2) Specify the statute section supporting the claim.

(d) The claim of exemption shall be accompanied by an affidavit
supporting any factual issues raised by the claim and points and
authorities supporting any legal issues raised.

(e) The claim of exemption, together with any supporting
affidavit and points and authorities, shall be filed and served
on the plaintiff not less than five days before the date set for
the hearing.

(f) If the plaintiff desires to oppose the claim of exemption,
the plaintiff shall file and serve on the defendant, not less
than two days before the date set for the hearing, a notice of
opposition to the claim of exemption, accompanied by an affidavit
supporting any factual issues raised and points and authorities
supporting any legal issues raised. If the plaintiff does not
file and serve a notice of opposition as provided in this
subdivision, no writ of attachment shall be issued as to the
property claimed to be exempt. If all of the property described
in the plaintiff's application is claimed to be exempt and the
plaintiff does not file and serve a notice of opposition as
provided in this subdivision, no hearing shall be held and no
right to attach order or writ of attachment shall be issued and
any temporary protective order issued pursuant to 
Chapter 6 (commencing with Section 486.010) immediately expires.

(g) If the plaintiff files and serves a notice of opposition to
the claim as provided in this section, the defendant has the
burden of proving that the property is exempt from attachment.

484.080. (a) At the time set for the hearing, the plaintiff shall be
ready to proceed. If the plaintiff is not ready, or if he has failed
to comply with Section 484.040, the court may either deny the
application for the order or, for good cause shown, grant the
plaintiff a continuance for a reasonable period. If such a
continuance is granted, the effective period of any protective order
issued pursuant to Chapter 6 (commencing with Section 486.010) may be
extended by the court for a period ending not more than 10 days after
the new hearing date if the plaintiff shows a continuing need for such
protective order.

(b) The court may, in its discretion and for good cause shown, grant
the defendant a continuance for a reasonable period to enable him to
oppose the issuance of the right to attach order. If such a
continuance is granted, the court shall extend the effective period of
any protective order issued pursuant to Chapter 6 (commencing with
Section 486.010) for a period ending not more than 10 days after the
new hearing date unless the defendant shows pursuant to Section 486.100
that the protective order should be modified or vacated.

484.090. (a) At the hearing, the court shall consider the showing
made by the parties appearing and shall issue a right to attach order,
which shall state the amount to be secured by the attachment
determined by the court in accordance with Section 483.015 or 483.020,
if it finds all of the following:

(1) The claim upon which the attachment is based is one upon
which an attachment may be issued.

(2) The plaintiff has established the probable validity of the
claim upon which the attachment is based.

(3) The attachment is not sought for a purpose other than the
recovery on the claim upon which the attachment is based.

(b) If, in addition to the findings required by subdivision

(a), the court finds that the defendant has failed to prove that
all the property sought to be attached is exempt from
attachment, it shall order a writ of attachment to be issued
upon the filing of an undertaking as provided by
Sections 489.210 and 489.220.

(c) If the court determines that property of the defendant is
exempt from attachment, in whole or in part, the right to attach
order shall describe the exempt property and prohibit attachment
of the property.

(d) The court's determinations shall be made upon the basis of
the pleadings and other papers in the record; but, upon good
cause shown, the court may receive and consider at the hearing
additional evidence, oral or documentary, and additional points
and authorities, or it may continue the hearing for the
production of the additional evidence or points and authorities.

484.100. The court's determinations under this chapter shall
have no effect on the determination of any issues in the action
other than issues relevant to proceedings under this chapter nor
shall they affect the rights of the plaintiff or defendant in any
other action arising out of the same claim of the plaintiff or
defendant. The court's determinations under this chapter shall
not be given in evidence nor referred to at the trial of any such
action.

484.110. (a) Neither the failure of the defendant to oppose the
issuance of a right to attach order under this chapter nor the
defendant's failure to rebut any evidence produced by the plaintiff in
connection with proceedings under this chapter shall constitute a
waiver of any defense to the plaintiff's claim in the action or any
other action or have any effect on the right of the defendant to
produce or exclude evidence at the trial of any such action.

(b) Neither the failure of the plaintiff to oppose the issuance of an
order reducing the amount to be secured by the attachment under this
chapter nor the plaintiff's failure to rebut any evidence produced by
the defendant in connection with proceedings under this chapter shall
constitute a waiver of any defense to the defendant's claim in the
action or any other action or have any effect on the right of the
plaintiff to produce or exclude evidence at the trial of any such
action.

484.310. At any time after a right to attach order has been issued
under Article 1 (commencing with Section 484.010) or after the court
has found pursuant to Section 485.240 that the plaintiff is entitled
to a right to attach order, the plaintiff may apply for a writ of
attachment under this article by filing an application with the court
in which the action is brought. 484.320. The application shall be
executed under oath and shall include all of the following:

(a) A statement that the plaintiff has been issued a right to
attach order under Article 1 (commencing with Section 484.010) or
that the court has found pursuant to Section 485.240 that the
plaintiff is entitled to a right to attach order.

(b) A statement of the amount to be secured by the attachment.

(c) A description of the property to be attached under the writ
of attachment and a statement that the plaintiff is informed and
believes that the property is subject to attachment. The
description shall satisfy the requirements of Section 484.020.

(d) A statement that the applicant has no information or belief
that the claim is discharged in a proceeding under Title 11 of
the United States Code (Bankruptcy) or that the prosecution of
the action is stayed in a proceeding under Title 11 of the United
States Code (Bankruptcy).

484.330. No writ of attachment shall be issued under this article
except after a hearing. At least 15 days prior to the hearing, the
defendant shall be served with both of the following:

(a) A notice of application and hearing.

(b) A copy of the application.

484.340. The notice of application and hearing shall inform the
defendant of all of the following:

(a) The plaintiff has applied for a writ of attachment to attach
the property described in the application.

(b) A hearing will be held at a place and at a time, to be
specified in the notice, to determine whether the plaintiff is
entitled to the writ.

(c) A writ of attachment will be issued to attach the property
described in the plaintiff's application unless the court
determines that the property is exempt from attachment or that
its value clearly exceeds the amount necessary to satisfy the
amount to be secured by the attachment.

(d) If the defendant claims that the property described in the
application, or a portion thereof, is exempt from attachment, the
defendant may file with the court and serve on the plaintiff a
claim of exemption with respect to the property as provided in
Section 484.350 not later than five days prior to the date set
for hearing. If the defendant fails to make such a claim with
respect to personal property, the defendant may not later claim
the exemption in the absence of a showing of a change in
circumstances occurring after the expiration of the time for
claiming exemptions.

(e) Either the defendant or the defendant's attorney or both of
them may be present at the hearing.

(f) The notice shall contain the following statement: "You may
seek the advice of an attorney as to any matter connected with
the plaintiff's application. The attorney should be consulted
promptly so that the attorney may assist you before the time set
for hearing."

484.350. (a) If the defendant claims that the property described in
the plaintiff's application, or a portion of such property, is exempt
from attachment, the defendant may claim the exemption as provided in
this section. If the defendant fails to make a claim with respect to
personal property, or makes a claim with respect to real or personal
property but fails to prove that the property is exempt, the defendant
may not later claim the exemption except as provided in Section 482.100.

(b) The claim of exemption shall:

(1) Describe the property claimed to be exempt.

(2) Specify the statute section supporting the claim.

(c) The claim of exemption shall be accompanied by an
affidavit supporting any factual issues raised by the claim
and points and authorities supporting any legal issues raised.

(d) The claim of exemption, together with any supporting
affidavit and points and authorities, shall be filed and
served on the plaintiff not less than five days before the
date set for the hearing.

484.360. (a) If the defendant files and serves a claim of exemption
and the plaintiff desires to oppose the claim, he shall file and serve
on the defendant, not less than two days before the date set for the
hearing, a notice of opposition to the claim of exemption, accompanied
by an affidavit supporting any factual issues raised and points and
authorities supporting any legal issues raised.

(b) If the defendant files and serves a claim of exemption and
supporting affidavit as provided in Section 484.350 and the
plaintiff does not file and serve a notice of opposition as
provided in this section, no writ of attachment shall be issued
as to the property claimed to be exempt. If all of the property
described in the plaintiff's application is claimed to be exempt
and the plaintiff does not file and serve a notice of opposition
as provided in this section, no hearing shall be held and no writ
of attachment shall be issued.

(c) If the plaintiff files and serves a notice of opposition to
the claim as provided in this section, the defendant has the
burden of proving that the property is exempt from attachment.

484.370. The hearing shall be conducted in the manner prescribed in
Section 484.090 and the court shall order a writ of attachment to be
issued upon the filing of an undertaking as provided by
Sections 489.210 and 489.220, if it finds both of the following:

(a) A right to attach order has been issued in the action
pursuant to Article 1 (commencing with Section 484.010) or the
court has found pursuant to Section 485.240 that the plaintiff is
entitled to a right to attach order.

(b) The defendant has failed to prove that the property sought
to be attached, or the portion thereof to be described in the
writ, is exempt from attachment.

484.510. (a) At any time after a right to attach order has been
issued under Article 1 (commencing with Section 484.010) or after
the court has found pursuant to Section 485.240 that the
plaintiff is entitled to a right to attach order, the plaintiff
may apply for a writ of attachment under this article by filing
an application which meets the requirements of Section 484.320
with the court in which the action is brought.

(b) The application shall be accompanied by an affidavit showing
that the property sought to be attached is not exempt from
attachment. Such affidavit may be based on the affiant's
information and belief.

484.520. The court shall examine the application and
supporting affidavit and shall order a writ of attachment to be
issued upon the filing of an undertaking as provided by
Sections 489.210 and 489.220, if it finds both of the following:

(a) A right to attach order has been issued in the action
pursuant to Article 1 (commencing with Section 484.010) or the
court has found pursuant to Section 485.240 that the plaintiff is
entitled to a right to attach order.

(b) The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
described in the writ, is not exempt from attachment. 484.530.

(a) The defendant may claim an exemption as to real or personal
property levied upon pursuant to a writ issued under this article
by following the procedure set forth in Article 2 (commencing
with Section 703.510) of Chapter 4 of Division 2 of Title 9,
except that the defendant shall claim the exemption as to
personal property not later than 30 days after the levying
officer serves the defendant with the notice of attachment
describing such property. For this purpose, references in
Article 2 (commencing with Section 703.510) of Chapter 4 of
Division 2 of Title 9 to the "judgment debtor" shall be deemed
references to the defendant, and references to the "judgment
creditor" shall be deemed references to the plaintiff.

(b) The defendant may claim the exemption provided by
subdivision (b) of Section 487.020 within the time provided by
subdivision (a) of this section either (1) by following the
procedure set forth in Article 2 (commencing with Section 703.510)
of Chapter 4 of Division 2 of Title 9 or (2) by following
the procedure set forth in subdivision c of Section 482.100
except that the requirement of showing changed circumstances
under subdivision (a) of Section 482.100 does not apply.

(c) Notwithstanding subdivisions (a) and (b), a claim of
exemption shall be denied if the claim has been denied earlier in
the action and there is no change in circumstances affecting the
claim.

485.010. (a) Except as otherwise provided by statute, no right to
attach order or writ of attachment may be issued pursuant to this
chapter unless it appears from facts shown by affidavit that great or
irreparable injury would result to the plaintiff if issuance of the
order were delayed until the matter could be heard on notice.

(b) The requirement of subdivision (a) is satisfied if any of the
following are shown:

(1) Under the circumstances of the case, it may be inferred that
there is a danger that the property sought to be attached would
be concealed, substantially impaired in value, or otherwise made
unavailable to levy if issuance of the order were delayed until
the matter could be heard on notice.

(2) Under the circumstances of the case, it may be inferred that
the defendant has failed to pay the debt underlying the requested
attachment and the defendant is insolvent in the sense that the
defendant is generally not paying his or her debts as those debts
become due, unless the debts are subject to a bona fide dispute.
Plaintiff's affidavit filed in support of the ex parte attachment
shall state, in addition to the requirements of Section 485.530,
the known undisputed debts of the defendant, that the debts are
not subject to bona fide dispute, and the basis for plaintiff's
determination that the defendant's debts are undisputed.

(3) A bulk sales notice has been recorded and published pursuant
to Division 6 (commencing with Section 6101) of the Commercial
Code with respect to a bulk transfer by the defendant.

(4) An escrow has been opened pursuant to the provisions of
Section 24074 of the Business and Professions Code with respect to the
sale by the defendant of a liquor license.

(5) Any other circumstance showing that great or irreparable
injury would result to the plaintiff if issuance of the order
were delayed until the matter could be heard on notice.

(c) Upon a writ being issued solely on a showing under
paragraph (2) of subdivision (b), if the defendant requests
the court to review the issuance of the writ, the court shall
conduct a hearing within five court days after the plaintiff
is served with notice of the defendant's request. A writ
issued solely on a showing under paragraph (3) of subdivision (b)
shall be limited to the property covered by the bulk sales
notice or the proceeds of the sale of such property. In
addition to any other service required by this title, such
writ shall be served by the levying officer on the transferee
or auctioneer identified by the bulk sales notice not more
than five days after the levy of such writ. A writ issued
solely on a showing under paragraph (4) of subdivision (b)
shall be limited to the plaintiff's pro rata share of the
proceeds of the sale in escrow.

485.210. (a) Upon the filing of the complaint or at any time
thereafter, the plaintiff may apply pursuant to this article for a
right to attach order and a writ of attachment by filing an
application for the order and writ with the court in which the action
is brought.

(b) The application shall satisfy the requirements of Section 484.020
and, in addition, shall include a statement showing that the
requirement of Section 485.010 is satisfied.

(c) The application shall be supported by an affidavit showing
all of the following:

(1) The plaintiff on the facts presented would be entitled to
a judgment on the claim upon which the attachment is based.

(2) The plaintiff would suffer great or irreparable injury (within
the meaning of Section 485.010) if issuance of the order were
delayed until the matter could be heard on notice.

(3) The property sought to be attached is not exempt from
attachment.

(d) An affidavit in support of the showing required by
paragraph (3) of subdivision c may be based on the affiant's
information and belief.

485.220. (a) The court shall examine the application and supporting
affidavit and, except as provided in Section 486.030, shall issue a
right to attach order, which shall state the amount to be secured by
the attachment, and order a writ of attachment to be issued upon the
filing of an undertaking as provided by Sections 489.210 and 489.220,
if it finds all of the following:

(1) The claim upon which the attachment is based is one upon
which an attachment may be issued.

(2) The plaintiff has established the probable validity of the
claim upon which the attachment is based.

(3) The attachment is not sought for a purpose other than the
recovery upon the claim upon which the attachment is based.

(4) The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
specified in the writ, is not exempt from attachment.

(5) The plaintiff will suffer great or irreparable injury (within
the meaning of Section 485.010) if issuance of the order is
delayed until the matter can be heard on notice.

(b) If the court finds that the application and the
supporting affidavit do not satisfy the requirements of Section 485.010,
it shall so state and deny the order. If denial is solely on
the ground that Section 485.010 is not satisfied, the court shall so
state and such denial does not preclude the plaintiff from applying
for a right to attach order and writ of attachment under
Chapter 4 (commencing with Section 484.010) with the same affidavits
and supporting papers. 485.230. Where a right to attach order has been
issued by the court, a plaintiff may discover, through any means
provided for by, and subject to the protections included in,
Article 3 (commencing with Section 2016) of Title 3 of Part 4, the
identity, location, and value of property in which the defendant has an
interest.

485.240. (a) Any defendant whose property has been attached pursuant
to a writ issued under this chapter may apply for an order (1) that
the right to attach order be set aside, the writ of attachment
quashed, and any property levied upon pursuant to the writ be
released, or (2) that the amount to be secured by the attachment be
reduced as provided in Section 483.015. Such application shall be
made by filing with the court and serving on the plaintiff a notice of
motion.

(b) The notice of motion shall state the grounds on which the
motion is based and shall be accompanied by an affidavit
supporting any factual issues raised and points and authorities
supporting any legal issues raised. It shall not be grounds to
set aside an order that the plaintiff would not have suffered
great or irreparable injury (within the meaning of Section 485.010)
if issuance of the order had been delayed until the matter
could have been heard on notice.

(c) At the hearing on the motion, the court shall determine
whether the plaintiff is entitled to the right to attach order or
whether the amount to be secured by the attachment should be
reduced. If the court finds that the plaintiff is not entitled
to the right to attach order, it shall order the right to attach
order set aside, the writ of attachment quashed, and any property
levied on pursuant to the writ released. If the court finds that
the plaintiff is entitled to the right to attach order,
thereafter the plaintiff may apply for additional writs pursuant
to Article 2 (commencing with Section 484.310) or
Article 3 (commencing with Section 484.510) of Chapter 4.

(d) The court's determinations shall be made upon the basis of
the pleadings and other papers in the record; but, upon good
cause shown, the court may receive and consider at the hearing
additional evidence, oral or documentary, and additional points
and authorities, or it may continue the hearing for the
production of such additional evidence or points and authorities.

(e) The hearing provided for in this section shall take
precedence over all other civil matters on the calendar of that
day except older matters of the same character. 485.510. At any
time after a right to attach order and writ of attachment have
been issued under Article 2 (commencing with Section 485.210),
the plaintiff may apply for an additional writ of attachment
under this article by filing an application with the court in
which the action is brought.

485.520. The application shall be executed under oath and shall
include all of the following:

(a) A statement that the plaintiff has been issued a right to
attach order and writ of attachment pursuant to
Article 2 (commencing with Section 485.210) in the action.

(b) A statement of the amount to be secured by the attachment
under the right to attach order.

(c) A description of the property to be attached under the writ
of attachment and a statement that the plaintiff is informed and
believes that the property is not exempt from attachment. The
description shall satisfy the requirements of Section 484.020.

(d) A statement showing that the requirement of Section 485.010
has been satisfied.

485.530. (a) The application shall be supported by an affidavit
showing both of the following:

(1) The plaintiff would suffer great or irreparable injury (within
the meaning of Section 485.010) if the issuance of the writ of
attachment were delayed until the matter could be heard on notice.

(2) The property sought to be attached is not exempt from attachment.

(b) The affidavit in support of the showing required by paragraph (2)
of subdivision (a) may be based on the affiant's information and
belief.

485.540. The court shall examine the application and supporting
affidavit and shall order a writ of attachment to be issued upon the
filing of an undertaking as provided by Sections 489.210 and 489.220,
if it finds all of the following:

(a) A right to attach order has been issued in the action
pursuant to Article 2 (commencing with Section 485.210).

(b) The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
specified in the writ, is not exempt from attachment.

(c) The plaintiff will suffer great or irreparable injury (within
the meaning of Section 485.010) if issuance of the writ of
attachment is delayed until the matter can be heard on notice.

485.610. (a) The defendant may claim an exemption as to real or
personal property levied upon pursuant to a writ of attachment issued
under this chapter by following the procedure set forth in
Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2
of Title 9, except that the defendant shall claim the exemption as to personal
property not later than 30 days after the levying officer serves the
defendant with the notice of attachment describing such property and
may claim an exemption for real property within the time provided in
Section 487.030. For this purpose, references in Article 2 (commencing
with Section 703.510) of Chapter 4 of Division 2 of Title 9 to
the "judgment debtor" shall be deemed references to the
defendant, and references to the "judgment creditor" shall be deemed
references to the plaintiff.

(b) The defendant may claim the exemption provided by subdivision (b)
of Section 487.020 within the time provided by subdivision (a) of this
section either (1) by following the procedure set forth in
Article 2 (commencing with Section 703.510) of Chapter 4 of
Division 2 of Title 9 or (2) by following the
procedure set forth in subdivision c of Section 482.100 except that
the requirement of showing changed circumstances under subdivision (a)
of Section 482.100 does not apply. 486.010. (a) At the time of
applying for a right to attach order under Chapter 4 (commencing with
Section 484.010), the plaintiff may apply pursuant to this chapter for
a temporary protective order by filing an application for the order
with the court in which the action is brought.

(b) The application shall state what relief is requested and shall be
supported by an affidavit, which may be based on information and
belief, showing that the plaintiff would suffer great or irreparable
injury (within the meaning of Section 485.010) if the temporary
protective order were not issued. 486.020. The court shall examine
the application, supporting affidavit, and other papers on record and
shall issue a temporary protective order, which shall state the amount
sought to be secured by the attachment under the application for the
right to attach order, upon the filing of an undertaking as provided
by Sections 489.210 and 489.220, if it finds all of the following:

(a) The claim upon which the application for attachment is based
is one upon which an attachment may be issued.

(b) The plaintiff has established the probable validity of the
claim upon which the application for the attachment is based.

(c) The order is not sought for a purpose other than the
recovery upon the claim upon which the application for the
attachment is based.

(d) The plaintiff will suffer great or irreparable injury (within
the meaning of Section 485.010) if the temporary protective
order is not issued.

486.030. (a) In any case where the plaintiff has applied for a right
to attach order and writ of attachment under Chapter 5 (commencing
with Section 485.010), the court may in its discretion deny the
application for the order and writ and issue instead a temporary
protective order under this chapter if it determines that the
requirements of Section 485.220 are satisfied but that the issuance of
the temporary protective order instead of the right to attach order
and writ would be in the interest of justice and equity to the
parties, taking into account the effect on the defendant of issuing a
writ of attachment ex parte, the effect on the plaintiff of issuing
the temporary protective order instead of the writ, and other factors
that bear on equity and justice under the circumstances of the
particular case.

(b) If the court issues a temporary protective order under this
section, the plaintiff's application for a right to attach order and
writ shall be treated as an application for a right to attach order
and writ under Article 1 (commencing with Section 484.010) of 
Chapter 4 and the plaintiff shall comply with the requirements of service
provided in Section 484.040. 486.040. The temporary protective order
issued under this chapter shall contain such provisions as the court
determines would be in the interest of justice and equity to the
parties, taking into account the effects on both the defendant and the
plaintiff under the circumstances of the particular case.

486.050. (a) Except as otherwise provided in Section 486.040, the
temporary protective order may prohibit any transfer by the defendant
of any of the defendant's property in this state subject to the levy
of the writ of attachment. The temporary protective order shall
describe the property in a manner adequate to permit the defendant to
identify the property subject to the temporary protective order.

(b) Notwithstanding subdivison (a), if the property is farm products
held for sale or is inventory, the temporary protective order may not
prohibit the defendant from transferring the property in the ordinary
course of business, but the temporary protective order may impose
appropriate restrictions on the disposition of the proceeds from such
transfer. 486.060. (a) Notwithstanding any terms of the temporary
protective order, the defendant may issue any number of checks against
any of the defendant's accounts in a financial institution in this
state to the extent permitted by this section.

(b) The defendant may issue any number of checks in any amount
for the following purposes:

(1) Payment of any payroll expense (including fringe benefits
and taxes and premiums for workers' compensation and
unemployment insurance) falling due in the ordinary course of
business prior to the levy of a writ of attachment.

(2) Payment for goods thereafter delivered to the defendant
C.O.D. for use in the defendant's trade, business, or profession.

(3) Payment of taxes if payment is necessary to avoid penalties
which will accrue if there is any further delay in payment.

(4) Payment of reasonable legal fees and reasonable costs and
expenses required for the representation of the defendant in the
action.

(c) In addition to the checks permitted to be issued by
subdivision (b), the defendant may issue any number of checks
for any purpose so long as the total amount of the checks does
not exceed the greater of the following:

(1) The amount by which the total amount on deposit exceeds
the sum of the amount sought to be secured by the attachment
and the amounts permitted to be paid pursuant to subdivision (b).

(2) One thousand dollars ($1,000).

486.070. Except as otherwise provided by Section 486.110, a temporary
protective order issued under this chapter binds only the defendant,
whether or not any other person knows of or is served with a copy of
the temporary protective order. 486.080. The temporary protective
order shall be personally served on the defendant together with the
documents referred to in Section 484.040.

486.090. Except as otherwise provided in this title, the temporary
protective order shall expire at the earliest of the following times:

(a) Forty days after the issuance of the order or, if an earlier
date is prescribed by the court in the order, on such earlier
date.

(b) As to specific property described in the order, when a levy
of attachment upon that property is made by the plaintiff.

486.100. Upon ex parte application of the defendant or, if the
court so orders, after a noticed hearing, the court may modify or
vacate the temporary protective order if it determines that such
action would be in the interest of justice and equity to the
parties, taking into account the effect on the defendant of the
continuance of the original order, the effect on the plaintiff of
modifying or vacating the order, and any other factors.

486.110. (a) The service upon the defendant of a temporary
protective order pursuant to Section 486.080 creates a lien upon
any property, or the proceeds thereof, which is described in the
order, is owned by the defendant at the time of such service, and
is subject to attachment pursuant to this title. The lien
continues on property subject to the lien, notwithstanding the
transfer or encumbrance of the property subject to the lien,
unless the person receiving the property, whether real or
personal, is a person listed in Section 697.740.

(b) The lien terminates upon the date of expiration of the
temporary protective order except with respect to property levied
upon while the temporary protective order is in effect under a
writ of attachment issued upon application of the plaintiff.

487.010. The following property of the defendant is subject to
attachment:

(a) Where the defendant is a corporation, all corporate property
for which a method of levy is provided by Article 2 (commencing
with Section 488.300) of Chapter 8.

(b) Where the defendant is a partnership or other unincorporated
association, all partnership or association property for which a
method of levy is provided by Article 2 (commencing with
Section 488.300) of Chapter 8.

(c) Where the defendant is a natural person, all of the
following property:

(1) Interests in real property except leasehold estates with
unexpired terms of less than one year.

(2) Accounts receivable, chattel paper, and general
intangibles arising out of the conduct by the defendant of a
trade, business, or profession, except any such individual
claim with a principal balance of less than one hundred fifty
dollars ($150).

(3) Equipment.

(4) Farm products.

(5) Inventory.

(6) Final money judgments arising out of the conduct by the
defendant of a trade, business, or profession.

(7) Money on the premises where a trade, business, or
profession is conducted by the defendant and, except for the
first one thousand dollars ($1,000), money located elsewhere
than on such premises and deposit accounts, but, if the
defendant has more than one deposit account or has at least
one deposit account and money located elsewhere than on the
premises where a trade, business, or profession is conducted
by the defendant, the court, upon application of the
plaintiff, may order that the writ of attachment be levied so
that an aggregate amount of one thousand dollars ($1,000) in
the form of such money and in such accounts remains free of
levy.

(8) Negotiable documents of title.

(9) Instruments.

(10) Securities.

(11) Minerals or the like (including oil and gas) to be
extracted.

(d) In the case of a defendant described in subdivision c,
community property of a type described in subdivision c is
subject to attachment if the community property would be subject
to enforcement of the judgment obtained in the action in which
the attachment is sought. Unless the provision or context
otherwise requires, if community property that is subject to
attachment is sought to be attached:

(1) Any provision of this title that applies to the property
of the defendant or to obligations owed to the defendant also
applies to the community property interest of the spouse of
the defendant and to obligations owed to either spouse that
are community property.

(2) Any provision of this title that applies to property in
the possession or under the control of the defendant also
applies to community property in the possession or under the
control of the spouse of the defendant.

487.020. Except as provided in paragraph (2) of subdivision (a)
of Section 3439.07 of the Civil Code, the following property
is exempt from attachment:

(a) All property exempt from enforcement of a money judgment.

(b) Property which is necessary for the support of a defendant
who is a natural person or the family of such defendant supported
in whole or in part by the defendant.

(c) "Earnings" as defined by Section 706.011.

(d) All property not subject to attachment pursuant to
Section 487.010.

487.025. (a) The recording of a homestead declaration (as defined in
Section 704.910) does not limit or affect the right of a plaintiff to
attach the declared homestead described in the homestead declaration,
whether the homestead declaration is recorded before or after the
declared homestead is attached.

(b) An attachment lien attaches to a homestead (as defined in
Section 704.710) in the amount of any surplus over the total of the
following:

(1) All liens and encumbrances on the homestead at the time the
attachment lien is created.

(2) The homestead exemption set forth in Section 704.730.

(c) Nothing in subdivision (a) or (b) limits the right of the
defendant to an exemption under subdivision (b) of Section 487.020.

(d) Notwithstanding subdivision (b), a homestead (as defined
in Section 704.710) is exempt from sale to the extent provided
in Section 704.800 when it is sought to be sold to enforce the
judgment obtained in the action in which the attachment was
obtained.

487.030. (a) At any time prior to the entry of judgment in the
action, the defendant may claim any exemption provided by subdivision

(a) of Section 487.020 with respect to real property by following the
procedure set forth in Article 2 (commencing with Section 703.510) of
Chapter 4 of Division 2 of Title 9. A claim of exemption under this
subdivision shall be denied if the claim has been denied earlier in
the action.

(b) At any time prior to the entry of judgment in the action,
the defendant may claim the exemption provided by subdivision

(b) of Section 487.020 with respect to real property either (1) by
following the procedure set forth in Article 2 (commencing with
Section 703.510) of Chapter 4 of Division 2 of Title 9 or

(2) by following the procedure set forth in subdivision c of
Section 482.100 except that the requirement of showing changed
circumstances under subdivision (a) of Section 482.100 does not
apply. A claim of exemption under this subdivision shall be
denied if the claim has been denied earlier in the action and
there is no change in circumstances affecting the claim.

(c) For the purposes of this section, references in Article 2 (commencing
with Section 703.510) of Chapter 4 of Division 2 of 
Title 9 to the "judgment debtor" shall be deemed references to the
defendant, and references to the "judgment creditor" shall be deemed
references to the plaintiff.

(d) Nothing in this section limits the right to claim after the
entry of judgment a homestead exemption for real property under
Article 4 (commencing with Section 704.710) of Chapter 4 of
Division 2 of Title 9 unless prior to entry of judgment the
defendant has claimed the exemption provided by subdivision (a)
of Section 487.020 with respect to such property and the claim
has been denied.

488.010. The writ of attachment shall include the following
information:

(a) The date of issuance of the writ.

(b) The title of the court that issued the writ and the cause
and number of the action.

(c) The name and address of the plaintiff and the name and last
known address of the defendant.

(d) The amount to be secured by the attachment.

(e) A description of the property to be levied upon to satisfy
the attachment.

488.020. (a) A writ of attachment shall be directed to a levying
officer in the county in which property of the defendant described in
the writ may be located and to any registered process server.

(b) Upon the receipt of written instructions from the
plaintiff's attorney of record or, if the plaintiff has no
attorney of record, from the plaintiff, the levying officer to
whom the writ is directed and delivered shall levy the writ
without delay in the manner provided in this chapter on the
property described in the writ or so much thereof as is clearly
sufficient to satisfy the amount to be secured by the attachment.
The levying officer is not liable for a determination made in
good faith under this subdivision.

(c) If a copy of the summons and complaint has not previously
been served on the defendant, the instructions to the levying
officer shall instruct the levying officer to make the service at
the same time the levying officer serves the defendant with a
copy of the writ of attachment.

488.030. (a) The plaintiff shall give the levying officer
instructions in writing. The instructions shall be signed by the
plaintiff's attorney of record or, if the plaintiff does not have an
attorney of record, by the plaintiff. The instructions shall contain
the information needed or requested by the levying officer to comply
with the provisions of this title, including but not limited to:

(1) An adequate description of any property to be levied upon.

(2) A statement whether the property is a dwelling.

(3) If the property is a dwelling, whether it is real or
personal property.

(b) Subject to subdivision c, the levying officer shall act in
accordance with the written instructions to the extent the actions are
taken in conformance with the provisions of this title.

(c) Except to the extent the levying officer has actual
knowledge that the information is incorrect, the levying officer
may rely on any information contained in the written
instructions.

488.040. (a) If the levying officer is required by any provision of
this title to serve any writ, order, notice, or other paper on any
person, the plaintiff shall include in the instructions to the
levying officer the correct name and address of the person. The
plaintiff shall use reasonable diligence to ascertain the correct name
and address of the person.

(b) Unless the levying officer has actual knowledge that the name or
address included in the instructions is incorrect, the levying officer
shall rely on the instructions in serving the writ, order, notice, or
other paper on the person.

488.050. (a) Except as otherwise provided by law:

(1) As a prerequisite to the performance by the levying officer
of a duty under this title, the plaintiff shall deposit a sum of
money with the levying officer sufficient to pay the costs of
performing the duty.

(2) As a prerequisite to the taking of property into custody by
the levying officer under this chapter, whether by keeper or
otherwise, the plaintiff shall deposit with the levying officer a
sum of money sufficient to pay the costs of taking the property
and keeping it safely for a period not to exceed 15 days. If
continuation of the custody of the property is required, the
levying officer shall, from time to time, demand orally or in
writing that the plaintiff deposit additional amounts to cover
estimated costs for periods not to exceed 30 days each. A
written demand may be mailed or delivered to the plaintiff. The
plaintiff has not less than three business days after receipt of
the demand within which to comply with the demand. If the amount
demanded is not paid within the time specified in the oral or
written demand, the levying officer shall release the property.

(b) The levying officer is not liable for failure to take or hold
property unless the plaintiff has complied with the provisions of this
section.

488.060. The notice of attachment shall inform the person notified of
all of the following:

(a) The capacity in which the person is notified.

(b) The specific property which is sought to be attached.

(c) The person's rights under the attachment, including the
right to make a third-party claim pursuant to Division 4 (commencing
with Section 720.010) of Title 9.

(d) The person's duties under the attachment.

488.065. A copy of the original notice of attachment which has been
served upon a third party holding the property sought to be attached,
if served upon the defendant or any other party, shall suffice as the
notice of attachment to that person. 488.070. If a writ of
attachment has been issued and personal property sought to be attached
under the writ is located in a private place of the defendant:

(a) The levying officer shall comply with the provisions of
Section 699.030.

(b) The plaintiff may obtain the relief provided under
Section 699.030 in the manner and subject to the requirements of that
section.

488.080. (a) A registered process server may levy under a writ of
attachment on the following types of property:

(1) Real property, pursuant to Section 488.315.

(2) Growing crops, timber to be cut, or minerals or the like (including
oil and gas) to be extracted or accounts receivable
resulting from the sale thereof at the wellhead or minehead, pursuant
to Section 488.325.

(3) Personal property in the custody of a levying officer,
pursuant to Section 488.355.

(4) Equipment of a going business, pursuant to Section 488.375.

(5) Motor vehicles, vessels, mobilehomes, or commercial coaches
used as equipment of a going business, pursuant to Section 488.385.

(6) Farm products or inventory of a going business, pursuant to
Section 488.405.

(7) Personal property used as a dwelling, pursuant to
subdivision (a) of Section 700.080.

(8) Deposit accounts, pursuant to Section 488.455.

(9) Property in a safe-deposit box, pursuant to Section 488.460.

(10) Accounts receivable or general intangibles, pursuant to
Section 488.470.

(11) Final money judgments, pursuant to Section 488.480.

(12) Interest of a defendant in personal property in the estate
of a decedent, pursuant to Section 488.485.

(b) Before levying under the writ of attachment, the
registered process server shall deposit a copy of the writ
with the levying officer and pay the fee provided by
Section 26721 of the Government Code.

(c) If a registered process server levies on property
pursuant to subdivision (a), the registered process server
shall do both of the following:

(1) Comply with the applicable levy, posting, and service
provisions of Article 2 (commencing with Section 488.300).

(2) Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with Section 488.610
on a form provided by the registered process server.

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

(1) The writ of attachment.

(2) An affidavit of the registered process server stating
the manner of levy performed.

(3) Proof of service of the copy of the writ and notice of
attachment on other persons as required by
Article 2 (commencing with Section 488.300).

(4) Instructions in writing, as required by the provisions
of Section 488.030.

(e) If the fee provided by Section 26721 of the Government
Code has been paid, the levying officer shall perform all other duties
under the writ as if the levying officer had levied under the writ and
shall return the writ to the court. If the registered process server
does not comply with subdivisions (b) and (d), the levy is ineffective
and the levying officer is not required to perform any duties under
the writ and may issue a release for any property sought to be
attached. The levying officer is not liable for actions taken in
conformance with the provisions of this title in reliance on
information provided to the levying officer under subdivision (d)
except to the extent that the levying officer has actual knowledge
that the information is incorrect. Nothing in this subdivision limits
any liability the plaintiff or registered process server may have if
the levying officer acts on the basis of incorrect information
provided under subdivision (d).

(f) The fee for services of a registered process server under
this section shall be allowed as a recoverable cost pursuant to
Section 1033.5.

488.090. Except as otherwise provided by statute, where the method of
levy upon property requires that property be taken into custody or
where the levying officer is otherwise directed to take property into
custody, the levying officer may do so by any of the following
methods:

(a) Removing the property to a place of safekeeping.

(b) Installing a keeper.

(c) Otherwise obtaining possession or control of the property.

488.100. The levying officer has a special lien, dependent upon
possession, on personal property levied upon in the amount of the
levying officer's costs for which an advance has not been made.

488.110. A third person shall claim an interest in property attached
in the manner provided for third-party claims under 
Division 4 (commencing with Section 720.010) of Title 9. 488.120. In any
case where property has been levied upon and, pursuant to a levy, a copy of
the writ of attachment and a notice of attachment are required by
statute to be posted or to be served on or mailed to the defendant or
other person, failure to post, serve, or mail the copy of the writ and
the notice does not affect the attachment lien created by the levy.

488.130. (a) The levying officer to whom the writ of attachment is
delivered shall return the writ to the court from which the writ
issued, together with a report of the levying officer's actions. The
return shall be made promptly in accordance with the plaintiff's
instructions given to the levying officer but in no event later than 60
days after the levying officer receives the writ.

(b) The levying officer shall make a full inventory of property
attached and return the inventory with the writ.

488.140. (a) The levying officer or registered process server is not
liable for actions taken in conformance with the provisions of this
title, including actions taken in conformance with the provisions of
this title in reliance on information contained in the written
instructions of the plaintiff except to the extent the levying officer
or registered process server has actual knowledge that the information
is incorrect. Nothing in this subdivision limits any liability the
plaintiff may have if the levying officer or registered process server
acts on the basis of incorrect information given in the written
instructions.

(b) Unless the levying officer is negligent in the care or handling of
the property, the levying officer is not liable to either the
plaintiff or the defendant for loss by fire, theft, injury, or damage
of any kind to personal property while (1) in the possession of the
levying officer either in a warehouse or other storage place or in the
custody of a keeper or (2) in transit to or from a warehouse or other
storage place. 488.300. If the method of levy under a writ of
execution is incorporated by this article, for the purposes of this
article references in Article 4 (commencing with Section 700.010) of
Chapter 3 of Division 2 of Title 9 to:

(a) "Judgment creditor" shall be deemed references to the
plaintiff.

(b) "Judgment debtor" shall be deemed references to the
defendant.

(c) "Notice of levy" shall be deemed references to a notice of
attachment.

(d) "Writ" shall be deemed references to a writ of attachment.

488.305. At the time of levy pursuant to this article or promptly
thereafter, the levying officer shall serve a copy of the writ of
attachment and a notice of attachment on the defendant.

488.315. To attach real property, the levying officer shall comply
with Section 700.015 and the recorder shall index the copy of the writ
of attachment and a notice of attachment as provided in that section. 488.325.
To attach (1) growing crops, (2) timber to be cut, or

(3) minerals or the like (including oil and gas) to be extracted
or accounts receivable resulting from the sale thereof at the
wellhead or minehead, the levying officer shall comply with Section 700.020
and the recorder shall index the copy of the writ of
attachment and a notice of attachment as provided in that section.

488.335. Unless another method of attachment is provided by this
article, to attach tangible personal property in the possession or
under the control of the defendant, the levying officer shall take
the property into custody.

488.345. Unless another method of attachment is provided by this
article, to attach tangible personal property in the possession or
under the control of a third person, the levying officer shall
comply with Section 700.040.

488.355. (a) To attach personal property in the custody of a
levying officer, the plaintiff or levying officer shall comply with
subdivision (a) of Section 700.050.

(b) The levying officer having custody of the property shall
comply with the writs in the order they are received and is not
subject to the provisions of Article 4 (commencing with Section 488.600).

488.365. To attach goods in the possession of a bailee (as defined in
Section 7102 of the Commercial Code) other than one who has issued a
negotiable document of title therefor, the levying officer shall
comply with Section 700.060. 488.375. (a) Except as provided by
Section 488.385, to attach equipment of a going business in the
possession or under the control of the defendant, the levying officer
shall file with the office of the Secretary of State a notice of
attachment, in the form prescribed by the Secretary of State, which
shall contain all of the following:

(1) The name and mailing address of the plaintiff.

(2) The name and last known mailing address of the defendant.

(3) The title of the court where the action is pending and the
cause and number of the action.

(4) A description of the specific property attached.

(5) A statement that the plaintiff has acquired an attachment
lien on the specified property of the defendant.

(b) Upon presentation of a notice of attachment under this
section for filing, and tender of the filing fee to the office
of the Secretary of State, the notice of attachment shall be
filed, marked, and indexed in the same manner as a financing
statement. The fee for filing in the office of the Secretary
of State is the same as the fee for filing a financing
statement in the standard form.

(c) Upon the request of any person, the Secretary of State
shall issue a certificate showing whether there is on file in
that office on the date and hour stated therein any notice of
attachment filed against the equipment of a particular person
named in the request. If a notice of attachment is on file,
the certificate shall state the date and hour of filing of
each such notice and any notice affecting any such notice of
attachment and the name and address of the plaintiff. Upon
request, the Secretary of State shall furnish a copy of any
notice of attachment or notice affecting a notice of
attachment.

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.

(d) The fee for filing, indexing, and furnishing filing data for
a notice of extension of attachment is the same as the fee for a
continuation statement under Section 9403 of the Commercial Code.
The fee for filing, indexing, and furnishing filing data for a
notice of release of attachment is the same as the fee for a
statement of release under Section 9405 of the Commercial Code.

(e) If property subject to an attachment lien under this section
becomes a fixture (as defined in Section 9313 of the Commercial
Code), the attachment lien under this section is extinguished.

488.385. (a) To attach a vehicle or vessel for which a certificate of
ownership has been issued by the Department of Motor Vehicles, or a
mobilehome or commercial coach for which a certificate of title has
been issued by the Department of Housing and Community Development,
which is equipment of a going business in the possession or under the
control of the defendant, the levying officer shall file with the
appropriate department a notice of attachment, in the form prescribed
by the appropriate department, which shall contain all of the
following:

(1) The name and mailing address of the plaintiff.

(2) The name and last known mailing address of the defendant.

(3) The title of the court where the action is pending and the
cause and number of the action.

(4) A description of the specific property attached.

(5) A statement that the plaintiff has acquired an attachment
lien on the specific property of the defendant.

(b) Upon presentation of a notice of attachment, notice of
extension, or notice of release under this section for filing
and tender of the filing fee to the appropriate department,
the notice shall be filed and indexed. The fee for filing and
indexing the notice is three dollars ($3).

(c) Upon the request of any person, the department shall
issue its certificate showing whether there is on file in that
department on the date and hour stated therein any notice of
attachment filed against the property of a particular person
named in the request. If a notice of attachment is on file,
the certificate shall state the date and hour of filing of
each such notice of attachment and any notice affecting any
such notice of attachment and the name and address of the
plaintiff. The fee for the certificate issued pursuant to
this subdivision is three dollars ($3). Upon request, the
department shall furnish a copy of any notice of attachment or
notice affecting a notice of attachment for a fee of one
dollar ($1) per page.

(d) If property subject to an attachment lien under this
section becomes a fixture (as defined in Section 9313 of the
Commercial Code), the attachment lien under this section is
extinguished.

488.395. Except as provided by Sections 488.325 and 488.405:

(a) To attach farm products or inventory of a going business in
the possession or under the control of the defendant, the levying
officer shall place a keeper in charge of the property for the
period prescribed by subdivisions (b) and c. During the keeper
period, the business may continue to operate in the ordinary
course of business provided that all sales are final and are for
cash or its equivalent. For the purpose of this subdivision, a
check is the equivalent of cash. The levying officer is not
liable for accepting payment in the form of a cash equivalent.
The keeper shall take custody of the proceeds from all sales
unless otherwise directed by the plaintiff.

(b) Subject to subdivision c, the period during which the
business may continue to operate under the keeper is:

(1) Ten days, if the defendant is a natural person and the
writ of attachment has been issued ex parte pursuant to
Article 3 (commencing with Section 484.510) of Chapter 4 or
pursuant to Chapter 5 (commencing with Section 485.010).

(2) Two days, in cases not described in paragraph (1).

(c) Unless some other disposition is agreed upon by the
plaintiff and the defendant, the levying officer shall take the
farm products or inventory into exclusive custody at the earlier
of the following times:

(1) At any time the defendant objects to placement of a
keeper in charge of the business.

(2) At the conclusion of the applicable period prescribed by
subdivision (b).

(d) A defendant described in paragraph (1) of subdivision (b)
may claim an exemption pursuant to subdivision (b) of Section 487.020
by following the procedure set forth in subdivision c of
Section 482.100 except that the requirement of showing changed
circumstances under subdivision (a) of Section 482.100 does not apply.

Upon a showing that the property is exempt pursuant to subdivision (b)
of Section 487.020, the court shall order the release of the exempt
property and may make such further order as the court deems
appropriate to protect against frustration of the collection of the
plaintiff's claim. The order may permit the plaintiff to attach farm
products or inventory of the going business and proceeds or after-
acquired property, or both, by filing pursuant to Section 488.405 and
may provide reasonable restrictions on the disposition of the property
previously attached.

488.405. (a) This section provides an alternative method of attaching
farm products or inventory of a going business in the possession or
under the control of the defendant, but this section does not apply to
property described in Section 488.325.

This section applies if the plaintiff instructs the levying officer to
attach the farm products or inventory under this section.

(b) To attach under this section farm products or inventory of a
going business in the possession or under the control of the
defendant, the levying officer shall file a notice of attachment
with the Secretary of State.

(c) Except as provided in subdivisions (d) and (e), the filing
of the notice of attachment gives the plaintiff an attachment
lien on all of the following:

(1) The farm products or inventory described in the notice.

(2) Identifiable cash proceeds (as that term is used in
Section 9306 of the Commercial Code).

(3) If permitted by the writ of attachment or court order, after-
acquired property.

(d) The attachment lien created by the filing of the notice
of attachment under this section does not extend to either of
the following:

(1) A vehicle or vessel required to be registered with the
Department of Motor Vehicles or a mobilehome or commercial coach
required to be registered pursuant to the Health and Safety Code.

(2) The inventory of a retail merchant held for sale except to
the extent that the inventory of the retail merchant consists of
durable goods having a unit retail value of at least five hundred
dollars ($500). For the purposes of this paragraph, "retail
merchant" does not include (A) a person whose sales for resale
exceeded 75 percent in dollar volume of the person's total sales
of all goods during the 12 months preceding the filing of the
notice of attachment or (B) a cooperative association organized
pursuant to Chapter 1 (commencing with Section 54001) of Division 20
of the Food and Agricultural Code (agricultural cooperative
associations) or Part 3 (commencing with Section 13200) of
Division 3 of Title 1 of the Corporations Code (Fish Marketing
Act).

(e) If property subject to an attachment lien under this
section becomes a fixture (as defined in Section 9313 of the
Commercial Code), the attachment lien under this section is
extinguished.

(f) The notice of attachment shall be in the form prescribed
by the Secretary of State and shall contain all of the
following:

(1) The name and mailing address of the plaintiff.

(2) The name and last known mailing address of the
defendant.

(3) The title of the court where the action is pending and
the cause and number of the action.

(4) A description of the farm products and inventory
attached.

(5) A statement that the plaintiff has acquired an
attachment lien on the described property and on
identifiable cash proceeds (as that term is used in Section 9306
of the Commercial Code) and, if permitted by the writ
of attachment or court order, on after-acquired property.

(g) Upon presentation of a notice of attachment under this
section for filing and tender of the filing fee to the office
of the Secretary of State, the notice of attachment shall be
filed, marked, and indexed in the same manner as a financing
statement. The fee for filing in the office of the Secretary
of State is the same as the fee for filing a financing
statement in the standard form.

(h) Upon the request of any person, the Secretary of State
shall issue a certificate showing whether there is on file in
that office on the date and hour stated therein any notice of
attachment filed against the farm products or inventory of a
particular person named in the request. If a notice of
attachment is on file, the certificate shall state the date
and hour of filing of each such notice of attachment and any
notice affecting any such notice of attachment and the name
and address of the plaintiff. Upon request, the Secretary of
State shall furnish a copy of any notice of attachment or
notice affecting a notice of attachment. 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.

(i) The fee for filing, indexing, and furnishing filing data
for a notice of extension of attachment is the same as the fee
for a continuation statement under Section 9403 of the
Commercial Code. The fee for filing, indexing, and furnishing
filing data for a notice of release of attachment is the same
as the fee for a statement of release under Section 9405 of
the Commercial Code.

488.415. To attach personal property used as a dwelling, the levying
officer shall comply with Section 700.080. 488.425. If a vehicle or
vessel is attached and a certificate of ownership has been issued by
the Department of Motor Vehicles for the vehicle or vessel and the
certificate of ownership is still in effect, or if a mobilehome or
commercial coach is attached and a certificate of title has been
issued by the Department of Housing and Community Development for the
mobilehome or commercial coach and the certificate of title is still
in effect, the levying officer shall comply with Section 700.090.

488.435. (a) To attach chattel paper, the levying officer shall
comply with Section 700.100.

(b) In addition to any other rights created by a levy on chattel
paper, the levy creates a lien on the defendant's rights in specific
goods subject to the chattel paper. 488.440. To attach an
instrument, the levying officer shall comply with Section 700.110.

488.445. To attach a negotiable document of title, the levying
officer shall comply with Section 700.120.

488.450. To attach a security, the levying officer shall comply with
Section 8317 of the Commercial Code. The legal process referred to in
Section 8317 of the Commercial Code means the legal process required
by the state in which the chief executive office of the issuer of the
security is located and, where that state is California, means
personal service by the levying officer of a copy of the writ of
attachment and notice of attachment on the person who is to be served.

488.455. (a) Subject to Section 488.465, to attach a deposit account,
the levying officer shall personally serve a copy of the writ of
attachment and a notice of attachment on the financial institution
with which the deposit account is maintained. The attachment lien
reaches only amounts in the deposit account at the time of service on
the financial institution (including any item in the deposit account
that is in the process of being collected unless the item is returned
unpaid to the financial institution).

(b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of attachment and a notice
of attachment on any third person in whose name the deposit
account stands.

(c) During the time the attachment lien is in effect, the
financial institution shall not honor a check or other order for
the payment of money drawn against, and shall not pay a
withdrawal from, the deposit account that would reduce the
deposit account to an amount less than the amount attached. For
the purposes of this subdivision, in determining the amount of
the deposit account, the financial institution shall not include
the amount of items deposited to the credit of the deposit
account that are in the process of being collected.

(d) During the time the attachment lien is in effect, the
financial institution is not liable to any person for any of the
following:

(1) Performance of the duties of a garnishee under the
attachment.

(2) Nonpayment of a check or other order for the payment of
money drawn or presented against the deposit account where the
nonpayment is pursuant to the requirements of subdivision c.

(3) Refusal to pay a withdrawal from the deposit account
where the refusal is pursuant to the requirements of
subdivision c.

(e) When the amount attached pursuant to this section is paid to
the levying officer, the attachment lien on the attached deposit
account terminates.

(f) For the purposes of this section, neither of the following
is a third person in whose name the deposit account stands:

(1) A person who is only a person named as the beneficiary of
a Totten trust account.

(2) A person who is only a payee designated in a pay-on-death
provision in an account pursuant to Section 852.5, 6854, 14854.5,
or 18318.5 of the Financial Code or other similar provision.

(g) When a deposit account has been attached, as an alternative
to paying the amount of the deposit account that is attached to
the levying officer as required by Section 488.600, the financial
institution may continue to hold the deposit account until the
deposit account is levied upon after judgment in the action or is
earlier released, the deposit account to be held in one of the
following manners:

(1) If the entire deposit account is attached, the financial
institution may hold the deposit account on the terms
applicable before the attachment, subject to the requirements
of subdivision c.

(2) If less than the entire deposit account is attached:

(A) With the consent of the defendant, and any third person
in whose name the deposit account stands, the financial
institution may hold in the deposit account on the same
terms an amount larger than the attached amount as necessary
to avoid a penalty or a reduction of the rate of interest.

(B) If the defendant, and any third person in whose name
the deposit account stands, do not consent as provided in
subparagraph (A), the financial institution may hold the
attached amount on the same terms affecting the deposit
account before the attachment, subject to the requirements
of subdivision c.

(3) The financial institution may hold the attached deposit
account in any other manner agreed upon by the plaintiff, the
defendant, and any third person in whose name the deposit
account stands.

(h) Nothing in subdivision (g) shall prevent a financial
institution that is holding an attached deposit account as
provided in subdivision (g) from paying the attached amount to
the levying officer before the time the financial institution
otherwise is required to pay the amount under subdivision (g).

488.460. (a) Subject to Section 488.465, to attach property in a safe-
deposit box, the levying officer shall personally serve a copy of the
writ of attachment and a notice of attachment on the financial
institution with which the safe-deposit box is maintained.

(b) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of attachment and a notice
of attachment on any third person in whose name the safe-deposit
box stands.

(c) During the time the attachment lien is in effect, the
financial institution shall not permit the removal of any of the
contents of the safe-deposit box except pursuant to the
attachment.

(d) The levying officer may first give the person in whose name
the safe-deposit box stands an opportunity to open the safe-
deposit box to permit the removal pursuant to the attachment of
the attached property. The financial institution may refuse to
permit the forcible opening of the safe-deposit box to permit the
removal of the attached property unless the plaintiff pays in
advance the cost of forcibly opening the safe-deposit box and of
repairing any damage caused thereby.

(e) During the time the attachment lien is in effect, the
financial institution is not liable to any person for any of the
following:

(1) Performance of the duties of a garnishee under the
attachment.

(2) Refusal to permit access to the safe-deposit box by the
person in whose name it stands.

(3) Removal of any of the contents of the safe-deposit box
pursuant to the attachment.

488.465. (a) Except as provided in subdivision (b), a deposit account
or safe-deposit box standing in the name of a person other than the
defendant, either alone or together with other third persons, is not
subject to levy under Section 488.455 or 488.460 unless the levy is
authorized by court order. The levying officer shall serve a copy of
the court order on the third person at the time the copy of the writ
of attachment and the notice of attachment are served on the third
person.

(b) A court order is not required as a prerequisite to levy on a
deposit account or safe-deposit box standing in the name of any
of the following:

(1) The defendant, whether alone or together with third
persons.

(2) The defendant's spouse, whether alone or together with
other third persons. An affidavit showing that the person in
whose name the account stands is the defendant's spouse shall
be delivered to the financial institution at the time of levy.

(3) A fictitious business name if an unexpired fictitious
business name statement filed pursuant to Chapter 5 (commencing
with Section 17900) of Part 3 of Division 7 of the
Business and Professions Code lists as the persons doing
business under the fictitious business name either (A) the
defendant or (B) the defendant's spouse or c the defendant and
the defendant's spouse, but does not list any other person. A
copy of a fictitious business name statement, certified as
provided in Section 17926 of the Business and Professions
Code, that satisfies these requirements shall be delivered to
the financial institution at the time of levy and, if a person
other than the defendant is listed in the statement, an
affidavit showing that the other person is the defendant's
spouse shall also be delivered to the financial institution at
the time of levy.

(c) In any case where a deposit account in the name of a person
other than the defendant, whether alone or together with the
defendant, is levied upon, the financial institution shall not
pay to the levying officer the amount levied upon until being
notified to do so by the levying officer. The levying officer
may not require the financial institution to pay the amount
levied upon until the expiration of 15 days after service of
notice of attachment on the third person.

488.470. (a) Unless another method of attachment is provided by this
article, to attach an account receivable or general intangible, the
levying officer shall personally serve a copy of the writ of
attachment and a notice of attachment on the account debtor.

(b) If an attachment is made under subdivision (a) and payments on the
account receivable or general intangible are made to a person other
than the defendant (whether pursuant to a security agreement,
assignment for collection, or otherwise), the levying officer shall,
if so instructed by the plaintiff, personally serve a copy of the writ
of attachment and a notice of attachment on such third person.

Service of the copy of the writ and notice of attachment on the third
person is an attachment of any amounts owed to the defendant by the
third person.

488.475. (a) The following property may be attached pursuant to this
article notwithstanding that the property levied upon is the subject
of a pending action or special proceeding:

(1) Real property.

(2) Growing crops, timber to be cut, or minerals or the
like (including oil and gas) to be extracted or accounts receivable
resulting from the sale thereof at the wellhead or minehead.

(3) Tangible personal property in the possession or under the
control of the defendant or in the custody of a levying officer.

(4) The interest of a defendant in personal property in the
estate of a decedent, whether the interest arises by testate or
intestate succession.

(b) Except as provided in subdivision (a), attachment of property that
is the subject of an action or special proceeding pending at the time
of the attachment is not effective.

(c) If attachment is attempted but is ineffective under
subdivision (b) and the levying officer has requested a
garnishee's memorandum under Section 488.610 in connection with
the ineffective attachment, the garnishee's memorandum shall
include the following information in addition to that required by
Section 488.610:

(1) A statement that the attachment of the property is not
effective because the property is the subject of a pending
action or special proceeding.

(2) The title of the court and the cause and number of the
pending action or proceeding.

(d) For the purpose of this section, an action or proceeding is
pending from the time the action or proceeding is commenced until
judgment has been entered and the time for appeal has expired or,
if an appeal is filed, until the appeal has been finally
determined.

(e) Nothing in this section affects or limits the right of the
plaintiff to obtain a lien pursuant to Article 3 (commencing with
Section 491.410) of Chapter 11.

488.480. (a) As used in this section, "final money judgment" means a
money judgment after the time for appeal from the judgment has expired
or, if an appeal is filed, after the appeal has been finally
determined.

(b) To attach a final money judgment, the levying officer shall
file a copy of the writ of attachment and a notice of attachment
with the clerk of the court that entered the final money
judgment. The court clerk shall endorse upon the judgment a
statement of the existence of the attachment lien and the time it
was created. If an abstract of the judgment is issued, it shall
include a statement of the attachment lien in favor of the
plaintiff.

(c) At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of attachment and a notice
of attachment on the judgment debtor obligated to pay the final
money judgment attached.

488.485. (a) To attach the interest of the defendant in personal
property in the estate of a decedent, whether the interest arises
by testate or intestate succession, the levying officer shall
personally serve a copy of the writ of attachment and a notice of
attachment on the personal representative of the decedent. The
attachment does not impair the powers of the representative over
the property for the purposes of administration.

(b) The personal representative shall report the attachment to
the court in which the estate is being administered when any
petition for distribution is filed. If a decree orders
distribution to the defendant, the court making the decree shall
order the attached property to be deliverd to the levying
officer. The property may not be delivered to the levying
officer until the decree distributing the propety has become
final. To the extent the property delivered to the levying
officer is not necessary to satisfy the attachment, it shall be
released to the defendant.

(c) Promptly after the property is delivered to the levying
officer pursuant to subdivision (b), the levying officer shall
serve a notice describing the property on the defendant.

Notwithstanding Sections 484.070, 484.350, 484.530, and 485.610,
a claim of exemption for the property described in the notice may
be made within 10 days after the notice was served on the
defendant.

488.500. (a) A levy on property under a writ of attachment creates an
attachment lien on the property from the time of levy until the
expiration of the time provided by Section 488.510.

(b) Except as provided in subdivisions c and (d), if property subject
to an attachment lien is transferred or encumbered, the property
transferred or encumbered remains subject to the lien after the
transfer or encumbrance to the same extent that the property would
remain subject to an execution lien pursuant to
Sections 697.720 to 697.750, inclusive.

(c) Except as otherwise provided in this title, if equipment is
attached pursuant to Section 488.375 or farm products or
inventory is attached pursuant to Section 488.405, the attachment
lien on the property covered by the attachment lien has the same
force and effect as a judgment lien on personal property created
at the same time would have pursuant to Sections 697.590
to 697.620, inclusive.

(d) If equipment consisting of a vehicle, vessel, mobilehome, or
commercial coach is attached pursuant to Section 488.385, the
attachment lien on the specified property does not affect the
rights of a person who is a bona fide purchaser or encumbrancer
and obtains possession of both the property and its certificate
of ownership issued by the Department of Motor Vehicles or its
certificate of title or registration card issued by the
Department of Housing and Community Development. If the levying
officer obtains possession of the certificate of ownership or
certificate of title or registration card, the attachment lien
has the priority of the lien of a lien creditor under Section 9301
of the Commercial Code as of the time possession is obtained
by the levying officer. If the levying officer does not obtain
possession of the certificate of ownership or certificate of
title or registration card, the attachment lien has the same
force and effect as an unperfected security interest that
attached at the same time as the notice of attachment was filed.

(e) If an attachment lien is created on property that is subject
to the lien of a temporary protective order or a lien under
Article 1 (commencing with Section 491.110) of Chapter 11, the
priority of the attachment lien relates back to the date the
earlier lien was created. Nothing in this subdivision affects
priorities or rights of third persons established while the lien
of the temporary protective order or the lien under
Article 1 (commencing with Section 491.110) of Chapter 11 was
in effect as determined under the law governing the effect of such lien.

488.510. (a) Unless sooner released or discharged, any attachment
shall cease to be of any force or effect, and the property levied upon
shall be released from the operation of the attachment, at the
expiration of three years from the date of issuance of the writ of
attachment under which the levy was made.

(b) Notwithstanding subdivision (a), upon motion of the
plaintiff, made not less than 10 or more than 60 days before the
expiration of the three-year period and upon notice of not less
than five days to the defendant whose property is attached, the
court in which the action is pending may, by order filed prior to
the expiration of the period and for good cause, extend the time
of the attachment for a period not exceeding one year from the
date on which the attachment would otherwise expire.

(c) The levying officer shall serve notice of the order upon any
person holding property pursuant to an attachment and shall
record or file the notice in any office where the writ and notice
of attachment are recorded or filed prior to the expiration of
the period described in subdivision (a) or any extension thereof.
Where the attached property is real property, the plaintiff or
the plaintiff's attorney, instead of the levying officer, may
record the required notice.

(d) Any attachment may be extended from time to time in the
manner prescribed in this section, but the maximum period of the
attachment, including the extensions, shall not exceed eight
years from the date of issuance of the writ of attachment under
which the levy of attachment was made.

(e) The death of the defendant whose property is attached does
not terminate the attachment.

488.600. (a) Sections 701.010, 701.020, 701.040, 701.050, 701.060,
and 701.070 prescribe duties and liabilities of a third person under a
levy made under this title.

(b) For the purposes of this section, references in
Sections 701.010, 701.020, 701.040, 701.050, and 701.060 to:

(1) "Amount required to satisfy the judgment" shall be deemed
references to the amount required to satisfy the amount to be
secured by the attachment.

(2) "Execution lien" or "lien" shall be deemed references to the
attachment lien.

(3) "Judgment creditor" shall be deemed references to the
plaintiff.

(4) "Judgment debtor" shall be deemed references to the
defendant.

(5) "Levy" shall be deemed references to levy of attachment.

(6) "Notice of levy" shall be deemed references to notice of
attachment.

(7) "Release" of property shall be deemed references to release
of property pursuant to this title.

(8) "Satisfaction or discharge of the judgment" shall be deemed
references to the satisfaction or termination of the attachment.

(9) "Writ" or "writ of execution" shall be deemed references to
a writ of attachment.

(c) For the purposes of this section, references in Section 701.070 to:

(1) "Levy" shall be deemed references to levy of attachment.

(2) "Notice of the levy" shall be deemed references to notice of
attachment.

488.610. (a) At the time of service of a copy of the writ of
attachment and a notice of attachment on a third person, the levying
officer shall request the third person to give the levying officer a
garnishee's memorandum containing the information required by this
section. Within 10 days after the request is made, the third person
shall mail or deliver the garnishee's memorandum to the levying
officer whether or not the levy is effective.

(b) The garnishee's memorandum shall be executed under oath and shall
contain the following information:

(1) A description of any property of the defendant sought to be
attached that is not delivered to the levying officer and the
reason for not delivering the property.

(2) A statement of the amount and terms of any obligation to the
defendant sought to be attached that is due and payable and is
not paid to the levying officer and the reason for not paying the
obligation.

(3) A statement of the amount and terms of any obligation to the
defendant sought to be attached that is not due and payable at
the time of levy.

(4) A description of claims and rights of other persons to the
attached property or obligation that are known to the third
person and the names and addresses of those other persons.

(c) If a garnishee's memorandum is received from the third
person, the levying officer shall promptly mail or deliver a
copy of the memorandum to the plaintiff and attach the
original to the writ when it is returned to the court. If a
garnishee's memorandum is not received from the third person,
the levying officer shall so state in the return.

(d) Except as provided in subdivisions (e) and (f), if a
third person does not give the levying officer a garnishee's
memorandum within the time provided in subdivision (a) or does
not provide complete information, the third person may, in the
court's discretion, be required to pay the costs and
reasonable attorney's fees incurred in any proceedings to
obtain the information required in the garnishee's memorandum.

(e) Notwithstanding subdivision (a), where a deposit account
or property in a safe deposit box is attached, the financial
institution need not give a garnishee's memorandum to the
levying officer if the financial institution fully complies
with the levy and, if a garnishee's memorandum is required,
the garnishee's memorandum need provide information with
respect only to property which is carried on the records
available at the office or branch where the levy is made.

(f) Notwithstanding subdivision (a), the third person need
not give a garnishee's memorandum to the levying officer if
both of the following conditions are satisfied:

(1) The third person has delivered to the levying officer
all of the property sought to be attached.

(2) The third person has paid to the levying officer the
amount due at the time of levy on any obligation to the
defendant that was attached and there is no additional
amount that thereafter will become payable on the obligation
levied upon.

488.620. A third person who gives a garnishee's memorandum pursuant
to this title is not liable to any person for the disclosure in the
garnishee's memorandum of any information contained in the garnishee's
memorandum. 488.700. (a) If property has been or is sought to be
attached, the court may appoint a receiver or order the levying
officer to take any action the court orders that is necessary to
preserve the value of the property, including but not limited to
selling the property, if the court determines that the property is
perishable or will greatly deteriorate or greatly depreciate in value
or that for some other reason the interests of the parties will be
best served by the order. An order may be made under this subdivision
upon application of the plaintiff, the defendant, or a person who has
filed a third-party claim pursuant to Division 4 (commencing with
Section 720.010) of Title 9. 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) If the levying officer determines that property is extremely
perishable or will greatly deteriorate or greatly depreciate in
value before a court order pursuant to subdivision

(a) could be obtained, the levying officer may take any action
necessary to preserve the value of the property or may sell the
property. The levying officer is not liable for a determination
made in good faith under this subdivision.

(c) Except as otherwise provided by order of the court, a sale
of the property pursuant to this section shall be made in the
manner provided by Article 6 (commencing with Section 701.510)
of Chapter 3 of Division 2 of Title 9 and the proceeds shall
be deposited in the court to abide the judgment in the action.

Notwithstanding subdivisions (b) and (d) of Section 701.530, notice of
sale shall be posted and served at a reasonable time before sale,
considering the character and condition of the property.

(d) If a receiver is appointed, the court shall fix the daily
fee of the receiver and may order the plaintiff to pay the fees
and expenses of the receiver in advance or may direct that the
whole or any part of the fees and expenses be paid from the
proceeds of any sale of the property. Except as otherwise
provided in this section, 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 section.

488.710. (a) As used in this section, "instrument" means a
check, draft, money order, or other order for the withdrawal of
money from a financial institution, the United States, any state,
or any public entity within any state.

(b) If an instrument is payable to the defendant on demand and
comes into the possession of a levying officer pursuant to this
title, the levying officer shall promptly endorse and present the
instrument for payment.

(c) The levying officer shall endorse the instrument by writing
on the instrument (1) the name of the defendant, (2) the name and
official title of the levying officer, and (3) the title of the
court and the cause in which the writ was issued. The
endorsement is as valid as if the instrument were endorsed by the
defendant. No financial institution or public entity on which
the instrument is drawn is liable to any person for payment of
the instrument to the levying officer rather than to the
defendant by reason of the endorsement. No levying officer is
liable by reason of endorsing, presenting, and obtaining payment
of the instrument. The funds or credit resulting from the
payment of the instrument shall be held by the levying officer
subject to the lien of attachment.

(d) If it appears from the face of the instrument that it has
been tendered to the defendant in satisfaction of a claim or
demand and that endorsement of the instrument is considered a
release and satisfaction by the defendant of the claim or
demand, the levying officer shall not endorse the instrument
unless the defendant has first endorsed it to the levying
officer. If the defendant does not endorse the instrument to
the levying officer, the levying officer shall hold the
instrument for 30 days and is not liable to the defendant or
to any other person for delay in presenting it for payment.
At the end of the 30-day holding period, the levying officer
shall return the instrument to the maker.

488.720. (a) The defendant may apply by noticed motion to the court
in which the action is pending or in which the judgment in the action
was entered for an order releasing the attachment of property to the
extent that the value of the defendant's interest in the property
clearly exceeds the amount necessary to satisfy the amount to be
secured by the attachment.

(b) The notice of motion shall state the grounds on which the
motion is based and shall be accompanied by an affidavit
supporting any factual issues raised and points and authorities
supporting any legal issues raised.

(c) At the hearing on the motion, the court shall determine the
value of the defendant's interest in the property and order the
release of the attachment of the property to the extent that the
value of the defendant's interest in the property attached
clearly exceeds the amount necessary to satisfy the amount to be
secured by the attachment. After entry of judgment in the action
in which the property was attached, the court shall also take
into consideration in determining whether the attachment is
clearly excessive the value of any property not attached in the
action that (1) has been levied upon pursuant to a writ of
execution issued to satisfy the judgment in the action or (2)
otherwise has been sought to be applied to the satisfaction of
the judgment in the action.

(d) The court's determinations shall be made upon the basis of
the pleadings and other papers in the record; but, upon good
cause shown, the court may receive and consider at the hearing
additional evidence, oral or documentary, and additional points
and authorities, or it may continue the hearing for the
production of the additional evidence or points and authorities.

488.730. (a) The levying officer shall release attached property when
the levying officer receives a written direction to release the
property from the plaintiff's attorney of record or, if the plaintiff
does not have an attorney of record, from the plaintiff or when the
levying officer receives a certified copy of a court order for release
or when otherwise required to release the property. The release
extinguishes any attachment lien in favor of the plaintiff on the
property released.

(b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom it
was taken unless otherwise ordered by the court. If the person
does not claim the property to be released, the levying officer
shall retain custody of the property and shall serve on the
person a notice of where possession of the property may be
obtained. If the person does not claim the property within 30
days after the notice is served, the levying officer shall sell
the property (other than cash which does not have a value
exceeding its face value) in the manner provided by Article 6 (commencing
with Section 701.510) of Chapter 3 of Division 2 of
Title 9. The levying officer shall deposit the proceeds of sale
and cash, after first deducting the levying officer's costs, with
the county treasurer of the county where the property is located
payable to the order of the person. If the amount deposited is
not claimed by the person or the legal representative of the
person 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.

(c) If the property to be released has not been taken into
custody under the levy, the levying officer shall release the
attachment by issuing a written notice of release and serving it
on the person who was served with a copy of the writ and a notice
of attachment to create the lien.

(d) If the property to be released was levied upon by recording
or filing a copy of the writ and a notice of attachment, the
levying officer shall record or file a written notice of release
in the same office. If the notice of attachment had been filed
with the Secretary of State, any release shall have the effect
prescribed in Section 697.650.

(e) The levying officer is not liable for releasing an
attachment in accordance with this section and no other person is
liable for acting in conformity with the release.

488.740. If the defendant recovers judgment against the plaintiff and
no timely motion for vacation of judgment or for judgment
notwithstanding the verdict or for a new trial is filed and served and
is pending and no appeal is perfected and undertaking executed and
filed as provided in Section 921, any undertaking received from the
defendant in the action, all the proceeds of sales and money collected
by the levying officer, and all the property attached remaining in the
levying officer's hands shall be delivered to the person from whom it
was collected or taken, unless otherwise ordered by the court; and the
court shall order the discharge of any attachment made in the action
and the release of any property held thereunder. 489.010. 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.

489.060. (a) Except as provided in subdivision (b), all undertakings
given pursuant to this title shall be presented to a proper court for
approval and upon approval shall be filed with the court in which the
action is pending.

(b) If the surety on the undertaking is an admitted surety insurer,
the undertaking is not required to be approved by the court.

489.130. Where the court orders the amount of the undertaking
increased pursuant to Section 489.220 or 489.410, the plaintiff' s
failure to increase the amount of the undertaking is not a wrongful
attachment within the meaning of Section 490.010.

489.210. Before issuance of a writ of attachment, a temporary
protective order, or an order under subdivision (b) of Section 491.415,
the plaintiff shall file an undertaking to pay the defendant
any amount the defendant may recover for any wrongful attachment by
the plaintiff in the action.

489.220. (a) Except as provided in subdivision (b), the amount of an
undertaking filed pursuant to this article shall be two thousand five
hundred dollars ($2,500) in an action in the municipal or justice
court, and seven thousand five hundred dollars ($7,500) in an action
in the superior court.

(b) If, upon objection to the undertaking, the court determines that
the probable recovery for wrongful attachment exceeds the amount of
the undertaking, it shall order the amount of the undertaking
increased to the amount it determines to be the probable recovery for
wrongful attachment if it is ultimately determined that the attachment
was wrongful. 489.230. (a) The notice of attachment shall include a
statement, in a form adopted by the Judicial Council, advising the
defendant that the undertaking has been filed and informing the
defendant of the right to object to the undertaking.

(b) The form for the temporary protective order shall include a
statement comparable to the one required by subdivision (a). 489.310.

(a) Whenever a writ is issued, a defendant who has appeared in the
action may apply by noticed motion to the court in which the action is
pending for an order permitting the defendant to substitute an
undertaking for any of his property in the state which has been or is
subject to being attached.

(b) In a case (1) where the defendant applies for an order to
release a portion of property which has been attached or (2)
where the defendant applies for an order preventing the
attachment of property and the amount of the undertaking to be
given is less than the amount to be secured by the attachment,
the application shall include a statement, executed under oath,
describing the property to be so released or so protected from
attachment.

(c) The defendant shall file an undertaking to pay the plaintiff
the value of the property released not exceeding the amount of
any judgment which may be recovered by the plaintiff in the
action against the defendant. The amount of the undertaking
filed pursuant to this section shall be equal to the lesser of

(1) the value of the property attached or prevented from being
attached or (2) the amount specified by the writ to be secured by
the attachment. The court shall issue such order upon the
condition that a sufficient undertaking be filed.

(d) Where an action is against more than one defendant, any
defendant may make such application. The filing of an
undertaking by such defendant shall not subject him to any demand
against any other defendant; however, the levying officer shall
not be prevented thereby from attaching, or be obliged to release
from attachment, any property of any other defendant. Where all
the defendants do not join in the application, the application
shall include a statement, executed under oath, describing the
character of the defendant's title to the property and the manner
in which the defendant acquired such title and stating whether
any other defendant who has not joined in the application has an
interest in the property. Where two or more defendants have an
interest in the same property, a joint application and
undertaking shall be filed to secure the release of such
property.

489.320. (a) A defendant who has been served with a temporary
protective order and who has appeared in the action may apply by
noticed motion to the court in which the action is pending for an
order terminating the temporary protective order with respect to that
defendant.

(b) The defendant shall file an undertaking to pay the plaintiff the
amount of any judgment recovered by the plaintiff in the action
against the defendant. The amount of the undertaking filed pursuant
to this section shall be equal to the amount sought to be secured by
the attachment. The court shall issue the order terminating the
temporary protective order with respect to the defendant upon the
condition that a sufficient undertaking be filed.

489.410. (a) At any time after entry of judgment in favor of the
defendant and before perfection of an appeal under Section 921, upon
motion of the defendant, the trial court may order an increase in the
amount of the original undertaking on attachment in such amount, if
any, as is justified by the detriment reasonably to be anticipated by
continuing the attachment. Unless such undertaking is filed within 10
days after such order, the attachment shall be set aside and the
property released therefrom.

(b) If an order increasing the undertaking is made, the amount
of the undertaking on appeal required by Section 921 shall be the
same as the amount fixed by the trial court in such order.

(c) Neither the pendency nor granting of a motion timely filed
and served by the plaintiff for vacation of judgment or for
judgment notwithstanding the verdict or for new trial shall
continue an attachment in force unless an undertaking is given by
the plaintiff to pay all costs and damages sustained by
continuing the attachment. The undertaking may be included in
the undertaking specified in Section 921. If not so included,
the same procedure shall apply as in case of an undertaking
pursuant to Section 921.

489.420. If a defendant appeals and the enforcement of the judgment
against the defendant is stayed by the filing of a sufficient
undertaking on appeal as provided by this code, all property of the
defendant which has been attached in the action shall be released from
the attachment upon the failure of the respondent to object to the
undertaking within the time prescribed by statute or, if an objection
is made, upon a determination that the undertaking is sufficient.

490.010. A wrongful attachment consists of any of the following:

(a) The levy under a writ of attachment or the service of a
temporary protective order in an action in which attachment is
not authorized, except that it is not a wrongful attachment if
both of the following are established:

(1) The levy was not authorized solely because of the
prohibition of subdivision c of Section 483.010.

(2) The person who sold or leased, or licensed for use, the
property, furnished the services, or loaned the money
reasonably believed that it would not be used primarily for
personal, family, or household purposes.

(b) The levy under a writ of attachment or the service of a
temporary protective order in an action in which the plaintiff
does not recover judgment.

(c) The levy under writ of attachment obtained pursuant to
Article 3 (commencing with Section 484.510) of Chapter 4 or 
Chapter 5 (commencing with Section 485.010) on property exempt from
attachment except where the plaintiff shows that the plaintiff reasonably
believed that the property attached was not exempt from attachment.

490.020. (a) The liability of a plaintiff for causing a wrongful
attachment under Section 490.010 includes both of the following:

(1) All damages proximately caused to the defendant by the
wrongful attachment.

(2) All costs and expenses, including attorney's fees,
reasonably expended in defeating the attachment.

(b) The liability of a plaintiff for wrongful attachment pursuant to
Section 490.010 is limited by the amount of the undertaking.

490.040. The amount of any recovery for wrongful attachment shall be
offset insofar as possible against any unsatisfied amounts owed to the
plaintiff by the defendant on the judgment in the action for which
wrongful attachment damages are awarded. 490.060. Nothing in this
chapter limits the right to recover for damages caused by an
attachment or protective order on any common law theory of recovery.

491.110. (a) Upon ex parte application by the plaintiff and proof by
the plaintiff by affidavit or otherwise to the satisfaction of the
proper court that the plaintiff has a right to attach order and that a
third person has possession or control of property in which the
defendant has an interest or is indebted to the defendant in an amount
exceeding two hundred fifty dollars ($250), the court shall make an
order directing the third person to appear before the court, or before
a referee appointed by the court, at a time and place specified in the
order, to answer concerning the property or debt. The affidavit in
support of the plaintiff's application may be based on the affiant's
information and belief.

(b) Not less than 10 days prior to the date set for the examination, a
copy of the order shall be:

(1) Served personally on the third person.

(2) Served personally or by mail on the defendant.

(c) If the property or the debt is described in the affidavit
or application for an order under subdivision (a) in a manner
reasonably adequate to permit it to be identified, service of
the order on the third person creates a lien on the
defendant's interest in the property in the third person's
possession or control or on the debt owed by the third person
to the defendant. The lien continues for a period of one year
from the date of the order unless extended or sooner
terminated by the court.

(d) The order shall contain the following statement in 14-point
boldface type if printed or in capital letters if typed:
"NOTICE TO PERSON SERVED. If you fail to appear at the time and place
specified in this order, you may be subject to arrest and punishment
for contempt of court and the court may make an order requiring you to
pay the reasonable attorney's fees incurred by the plaintiff in this
proceeding."

(e) The order is not effective unless, at the time it is served
on the third person, the person serving the order tenders to the
third person fees for the mileage necessary to be traveled from
the third person's residence to the place of examination. The
fees shall be in the same amount generally provided for witnesses
when legally required to attend civil proceedings in the court
where the examination proceeding is to be conducted.

491.120. In any proceeding for the examination of a third person
under this article, witnesses, including the defendant, may be
required to appear and testify before the court or referee in the same
manner as upon the trial of an issue. 491.130. (a) The examination
proceedings authorized by this article may be conducted by a referee
appointed by the court. The referee may issue, modify, or vacate an
order authorized by Section 491.190, may make a protective order
authorized by Section 491.180, and may issue a warrant authorized by
Section 491.160, and has the same power as the court to grant
adjournments, to preserve order, and to subpoena witnesses to attend
the examination, but only the court that ordered the reference has
power to do any of the following:

(1) Punish for contempt for disobeying an order of the referee.

(2) Make an award of attorney's fees pursuant to Section 491.160.

(3) Determine a third-party claim under Section 491.170.

(b) Only a member of the State Bar of California is eligible
for appointment as a referee pursuant to this article.

(c) Nothing in subdivision (a) limits the power of a court to
appoint a temporary judge pursuant to Section 21 of Article VI
of the California Constitution.

491.140. (a) If a corporation, partnership, association,
trust, or other organization is served with an order to appear
for an examination, it shall designate to appear and be
examined one or more officers, directors, managing agents, or
other persons who are familiar with its property and debts.

(b) If the order to appear for an examination requires the
appearance of a specified individual, the specified individual
shall appear for the examination and may be accompanied by one
or more officers, directors, managing agents, or other persons
familiar with the property and debts of the corporation,
partnership, association, trust, or other organization.

(c) If the order to appear for the examination does not require
the appearance of a specified individual, the order shall advise
the corporation, partnership, association, trust, or other
organization of its duty to make a designation under subdivision (a).

(d) A corporation, partnership, association, trust, or other
organization, whether or not a party, may appear at an
examination through any authorized officer, director, or
employee, whether or not the person is an attorney.

491.150. (a) Except as otherwise provided in this section, the proper
court for examination of a person under this article is the court that
issued the writ of attachment.

(b) A person sought to be examined may not be required to attend
an examination before a court located outside the county in which
the person resides or has a place of business unless the distance
from the person's place of residence or place of business to the
place of examination is less than 150 miles.

(c) If a person sought to be examined does not reside or have a
place of business in the county where the court that issued the
writ is located, a court of similar jurisdiction in the county
where the person resides or has a place of business is a proper
court for examination of the person. If there is no court of
similar jurisdiction in the county, a court of higher
jurisdiction is a proper court.

(d) If the plaintiff seeks an examination of a person before a
court other than the court that issued the writ, the plaintiff
shall do all of the following:

(1) File with the court from which the order is sought a
certified copy of the complaint in the pending action.

(2) Present to the court an affidavit in support of the
application for the order stating the place of residence or
place of business of the person sought to be examined.

(3) Make any necessary affidavit or showing for the
examination as required by Section 491.110.

(4) At the time of filing the application for the order, pay
a filing fee of twelve dollars ($12). No law library fee
shall be charged.

491.160. (a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, constable, a person
specially appointed by the court in the order, or a registered process
server, and the person fails to appear:

(1) The court may, pursuant to a warrant, have the person
brought before the court to answer for the failure to appear and
may punish the person for contempt.

(2) If the person's failure to appear is without good cause, the
plaintiff shall be awarded reasonable attorney's fees incurred in
the examination proceeding.

(b) A person who willfully makes an improper service of an order for
an examination which subsequently results in the arrest pursuant to
subdivision (a) of the person who fails to appear is guilty of a
misdemeanor.

491.170. (a) Subject to subdivision (b), if a third person examined
pursuant to this article claims an interest in the property adverse to
the defendant or denies the debt, the court may, if the plaintiff so
requests, determine the interests in the property or the existence of
the debt. Such a determination is conclusive as to the plaintiff, the
defendant, and the third person, but an appeal may be taken from the
determination in the manner provided for appeals from the court in
which the proceeding takes place. The court may grant a continuance
for a reasonable time for discovery proceedings, the production of
evidence, or other preparation for the hearing.

(b) The court may not make the determination provided in
subdivision (a) if the third person's claim is made in good faith
and any of the following conditions is satisfied:

(1) The court would not be a proper court for the trial of an
independent civil action (including a creditor's suit) for the
determination of the interests in the property or the
existence of the debt, and the third person objects to the
determination of the matter under subdivision (a).

(2) At the time an order for examination pursuant to this
article is served on the third person a civil action (including
a creditor's suit) is pending with respect to the
interests in the property or the existence of the debt.

(3) The court determines that the interests in the property
or the existence of the debt should be determined in a
creditor' s suit.

(c) Upon application of the plaintiff made ex parte, the court
may make an order forbidding transfer of the property to the
defendant or payment of the debt to the defendant until the
interests in the property or the existence of the debt is
determined pursuant to subdivision (a) or until a creditor's suit
may be commenced and an order obtained pursuant to Section  491.340.
An undertaking may be required in the discretion of the
court. The court may modify or vacate the order at any time with or
without a hearing on such terms as are just.

(d) Upon application of the plaintiff upon noticed motion, the
court, if it determines that the defendant probably owns an
interest in the property or that the debt probably is owed to the
defendant, may make an order forbidding the transfer or other
disposition of the property to any person or forbidding payment
of the debt until the interests in the property or the existence
of the debt is determined pursuant to subdivision (a) or until a
creditor's suit may be commenced and an order obtained pursuant
to Section 491.340. The court shall require the plaintiff to
furnish an undertaking as provided in Section 529. The court may
modify or vacate the order at any time after notice and hearing
on such terms as are just. 491.180. In any proceeding under
this article, the court may, on motion of the person to be
examined or on its own motion, make such protective orders as
justice may require. 491.190. (a) Except as provided in
subdivision (b), at the conclusion of a proceeding pursuant to
this article:

(1) The court may order the defendant's interest in the
property in the possession or under the control of the third
person or a debt owed by the third person to the defendant to
be attached in the manner and under the conditions provided by
this title or to be delivered or paid to the levying officer
if the levying officer has a writ of attachment permitting the
attachment of the property or debt. After the property or
debt has been attached, the order may be enforced as provided
in Section 491.360. The order creates a lien on the property
or debt. The lien continues for a period of one year from the
date of the order unless the court extends or reduces the
period of the existence of the lien.

(2) If the property or debt has previously been attached, the
court may make an order determining the third person's
liability, and the order may be enforced as provided in
Section 491.360.

(b) If a third person examined pursuant to this article claims an
interest in the property adverse to the defendant or denies the debt
and the court does not determine the matter as provided in subdivision

(a) of Section 491.170, the court may not make an order under
subdivision (a) of this section, but may make an order pursuant to
subdivision c or (d) of Section 491.170 forbidding transfer or payment
to the extent authorized by that section.

491.200. A lien created under this article continues on property
subject to the lien notwithstanding the transfer or encumbrance of the
property subject to the lien unless the transfer or encumbrance is
made to a person listed in Section 697.740.

491.310. If a third person has possession or control of property in
which the defendant has an interest or is indebted to the defendant
and the property or debt has been subjected to an attachment lien, the
plaintiff may bring an action against the third person to enforce the
third person's liability under this title.

491.320. The defendant shall be joined in an action brought pursuant
to this article but is not an indispensable party. The residence of
the defendant may not be considered in the determination of proper
venue unless otherwise provided by contract between the defendant and
the third person.

491.330. (a) Except as provided in subdivision (b), an action shall
be commenced pursuant to this article before the expiration of the
later of the following times:

(1) The time when the defendant may bring an action against the
third person concerning the property or debt.

(2) One year after creation of an attachment lien on the
property or debt pursuant to this title if the lien is created at
the time when the defendant may bring an action against the third
person concerning the property or debt.

(b) An action may not be commenced pursuant to this article
if the attachment lien is not in effect.

(c) If an action is commenced pursuant to this article within
the time permitted in this section, the action may be
prosecuted to judgment so long as the attachment lien or a
lien of the plaintiff on the same property pursuant to Title 9 (commencing
with Section 680.010) is in effect. 491.340. The
plaintiff may apply to the court in which an action under this
article is pending for either or both of the following:

(a) An order restraining the third person from transferring
the attached property to the defendant or from paying the
attached debt to the defendant. The order shall be made on
noticed motion if the court so directs or a court rule so
requires. Otherwise, the order may be made on ex parte
application. The order shall remain in effect until
judgment is entered in the action or until such earlier time
as the court may provide in the order. An undertaking may
be required in the discretion of the court. The court may
modify or vacate the order at any time with or without a
hearing on such terms as are just.

(b) A temporary restraining order or a preliminary
injunction or both, restraining the third person from
transferring to any person or otherwise disposing of the
attached property, pursuant to Chapter 3 (commencing with
Section 525) of Title 7, and the court may make, dissolve,
and modify such orders as provided therein.

491.350. There is no right to a jury trial in an action under this
article.

491.360. If the plaintiff establishes the liability of the third
person, the court shall render judgment accordingly. The judgment may
be enforced in the same manner as it could be enforced if it had been
obtained by the defendant against the third party; but, prior to entry
of judgment in favor of the plaintiff against the defendant, any money
or property obtained in enforcing the judgment against the third party
shall be paid or delivered into court to abide the judgment in the
action of the plaintiff against the defendant or shall be held by a
levying officer, or otherwise held, as ordered by the court. 491.370.
Costs incurred by or taxed against the plaintiff in an action under
this article may not be recovered from the defendant.

491.410. (a) If the defendant is a party to a pending action or
special proceeding, the plaintiff may obtain a lien under this
article, to the extent required to secure the amount to be secured by
the attachment, on both of the following:

(1) Any cause of action of the defendant for money or property
that is the subject of the other action or proceeding, if the
money or property would be subject to attachment if the defendant
prevails in the action or proceedings.

(2) The rights of the defendant to money or property under any
judgment subsequently procured in the other action or proceeding,
if the money or property would be subject to attachment.

(b) To obtain a lien under this article, the plaintiff shall
file all of the following in the other pending action or
special proceeding:

(1) A notice of lien.

(2) A copy of the right to attach order.

(3) A copy of an order permitting creation of a lien under
this article made by the court that issued the right to
attach order.

(c) At the time of the filing under subdivision (b) or
promptly thereafter, the plaintiff shall serve on all parties
who, prior thereto, have made an appearance in the other
action or special proceeding a copy of the notice of lien and
a statement of the date when the notice of lien was filed in
the other action or special proceeding. Failure to serve all
parties as required by this subdivision does not affect the
lien created by the filing under subdivision (b), but the
rights of a party are not affected by the lien until the party
has notice of the lien.

(d) For the purpose of this article, an action or special
proceeding is pending until the time for appeal from the
judgment has expired or, if an appeal is filed, until the
appeal has been finally determined.

491.415. (a) For the purpose of applying for a right to attach order,
the defendant's cause of action that is the subject of the pending
action or proceeding and the defendant's rights to money or property
under a judgment procured in the action or proceeding shall be treated
as property subject to attachment.

(b) At the time the plaintiff applies for a right to attach
order, the plaintiff may apply for an order permitting creation
of a lien under this article. If the plaintiff has already
obtained a right to attach order, an application for an order
permitting creation of a lien under this article may be applied
for in the same manner as a writ of attachment. As a
prerequisite to obtaining an order under this subdivision, the
plaintiff shall file an undertaking as provided by
Sections 489.210 and 489.220.

(c) The defendant may, but is not required to, claim an
exemption in a proceeding initiated by the plaintiff for an order
permitting creation of a lien under this article. An exemption
may be claimed if the money or property sought by the defendant
would be exempt from attachment should the defendant prevail in
the other action or proceeding. The exemption shall be claimed
and determined pursuant to this subdivision in the same manner as
an exemption is claimed and determined upon application for a
writ of attachment.

491.420. The notice of lien under Section 491.410 shall contain all
of the following:

(a) A statement that a lien has been created under this article
and the title of the court and the cause and number of the
pending action or proceeding in which the notice of lien is
filed.

(b) The name and last known address of the defendant.

(c) The name and address of the plaintiff.

(d) The title of the court where the plaintiff's action against
the defendant is pending and the cause and number of the action.

(e) The amount required to secure the amount to be secured by
the attachment at the time the notice of lien is filed in the
action or proceeding.

(f) A statement that the lien attaches to any cause of action of
the defendant that is the subject of such action or proceeding
and to the defendant's rights to money or property under any
judgment subsequently procured in the action or proceeding.

(g) A statement that no compromise, dismissal, settlement, or
satisfaction of the pending action or proceeding or any of the
defendant's rights to money or property under any judgment
procured therein may be entered into by or on behalf of the
defendant, and that the defendant may not enforce the defendant'
s rights to money or property under any judgment procured in the
pending action or proceeding by a writ or otherwise, unless one
of the following requirements is satisfied:

(1) The prior approval by order of the court in which the
action or proceeding is pending has been obtained.

(2) The written consent of the plaintiff has been obtained or
the plaintiff has released the lien.

491.430. (a) The court in which the action or special proceeding
subject to the lien under this article is pending may permit the
plaintiff who has obtained the lien to intervene in the action or
proceeding pursuant to Section 387.

(b) For the purposes of subdivision (a) of Section 491.460 and
Section 491.470, a plaintiff shall be deemed to be a party to the action or
special proceeding even though the plaintiff has not become a party to
the action or proceeding under subdivision (a).

491.440. (a) Except as provided in subdivision c of Section 491.410,
unless the lien is released, the judgment recovered in the action or
special proceeding in favor of the defendant may not be enforced by a
writ or otherwise, and no compromise, dismissal, settlement, or
satisfaction of the pending action or special proceeding or the
judgment procured therein may be entered into by or on behalf of the
defendant, without the written consent of the plaintiff or
authorization by order of the court obtained under subdivision (b).

(b) Upon application by the defendant, the court in which the action
or special proceeding subject to the lien under this article is
pending or the judgment procured therein is entered may, in its
discretion, after a hearing, make an order described in subdivision

(a) that may include such terms and conditions as the court deems
necessary. The application for an order under this subdivision shall
be made on noticed motion. The notice of motion shall be served on
the plaintiff.

491.450. (a) If a lien is created pursuant to this article, the court
clerk shall endorse upon the judgment recovered in the action or
special proceeding a statement of the existence of the lien and the
time it was created.

(b) Any abstract issued upon the judgment shall include a statement of
the lien in favor of the plaintiff. 491.460. (a) If the defendant is
entitled to money or property under the judgment in the action or
special proceeding and a lien created under this article exists, upon
application of any party to the action or special proceeding, the
court may order that the defendant's rights to money or property under
the judgment be attached or otherwise applied to the satisfaction of
the lien created under this article as ordered by the court.
Application for an order under this section shall be on noticed
motion. The notice of motion shall be served on all other parties.

(b) If the judgment determines that the defendant has an
interest in property, the court may order the party having
custody or control of the property not to transfer the property
until it can be attached or otherwise applied to the satisfaction
of the lien created under this article.

(c) If the court determines that a party (other than the
defendant) having notice of the lien created under this article
has transferred property that was subject to the lien, or has
paid an amount to the defendant that was subject to the lien, the
court shall render judgment against the party in an amount equal
to the lesser of the following:

(1) The value of the defendant's interest in the property or
the amount paid to the defendant.

(2) The amount of the plaintiff's lien created under this
article.

(d) A judgment or order under this section may be enforced in
the same manner as it could be enforced if it had been obtained
by the defendant against the third party; but, prior to entry of
judgment in favor of the plaintiff against the defendant, any
money or property obtained in enforcing the judgment or order
against the third party shall be paid or delivered into court to
abide the judgment in the action of the plaintiff against the
defendant or shall be held by a levying officer, or otherwise
held, as ordered by the court.

491.470. (a) If a lien is created under this article, the defendant
may claim that all or any portion of the money or property that the
defendant may recover in the action or special proceeding is exempt
from attachment. The claim shall be made by application on noticed
motion to the court in which the action or special proceeding is
pending, filed, and served on the plaintiff not later than 30 days
after the defendant has notice of the creation of lien. The defendant
shall execute an affidavit in support of the application that includes
the matters set forth in subdivision c of Section 484.070. No notice
of opposition to the claim of exemption is required. The failure of
the defendant to make a claim of exemption under this section
constitutes a waiver of the exemption.

(b) The court may determine the exemption claim at any time
prior to the entry of judgment in the action or special
proceeding or may consolidate the exemption hearing with the
hearing on a motion pursuant to Section 491.460.

(c) If the defendant establishes to the satisfaction of the
court that the money or property that the defendant may recover
in the action or special proceeding is all or partially exempt
from attachment, the court shall order the termination of the
lien created under this article on the exempt portion of the
money or property.

492.010. Notwithstanding subdivision (a) of Section 483.010, an
attachment may be issued in any action for the recovery of money
brought against any of the following:

(a) A natural person who does not reside in this state.

(b) 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.

(c) A foreign partnership which has not filed a designation
pursuant to Section 15700 of the Corporations Code.

492.020. (a) Upon the filing of the complaint or at any time
thereafter, the plaintiff may apply pursuant to this chapter for a
right to attach order and a writ of attachment by filing an
application for the order and writ with the court in which the action
is brought.

(b) The application shall satisfy the requirements of Section 484.020
and shall be supported by an affidavit showing all of the following:

(1) The action is one described in Section 492.010 and is
brought against a defendant described in Section 492.010.

(2) The plaintiff on the facts presented would be entitled to a
judgment on the claim upon which the attachment is based.

(3) The property sought to be attached is subject to attachment
pursuant to Section 492.040.

(c) The affidavit in support of the showing required by
paragraph (3) of subdivision (b) may be based on the affiant's
information and belief.

492.030. (a) The court shall examine the application and
supporting affidavit and shall issue a right to attach order,
which shall state the amount to be secured by the attachment,
and order a writ of attachment to be issued upon the filing of
an undertaking as provided by Sections 489.210 and 489.220, if
it finds all of the following:

(1)  The claim upon which the attachment is based is one upon
which an attachment may be issued.

(2)  The plaintiff has established the probable validity of the
claim upon which the attachment is based.

(3)  The defendant is one described in Section 492.010.

(4)  The attachment is not sought for a purpose other than the
recovery on the claim upon which the attachment is based.

(5)  The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
specified in the writ, is subject to attachment pursuant to
Section 492.040.

(b) If the court finds that the application and supporting
affidavit do not satisfy the requirements of this chapter, it
shall so state and deny the order. If denial is solely on the
ground that the defendant is not one described in Section 492.010,
the judicial officer shall so state and such denial does not
preclude the plaintiff from applying for a right to attach order and
writ of attachment under Chapter 4 (commencing with Section 484.010)
with the same affidavits and supporting papers.

492.040. Notwithstanding Sections 487.010 and 487.020, a writ of
attachment issued under this chapter may be levied upon any property
of a defendant for which a method of levy is provided by
Article 2 (commencing with Section 488.300) of Chapter 8. However, after
the defendant has filed a general appearance in the action, only nonexempt
property of the defendant may be levied upon and property previously
levied upon which is exempt under Section 487.020 shall be released
upon order of the court. 492.050. (a) Any defendant whose property
has been attached pursuant to a writ issued under this chapter may
apply for an order that the right to attach order be set aside, the
writ of attachment quashed, and any property levied upon pursuant to
the writ released. Such application shall be made by filing with the
court and serving on the plaintiff a notice of motion.

(b) The notice of motion shall state the grounds on which the motion
is based and shall be accompanied by an affidavit supporting any
factual issues raised and points and authorities supporting any legal
issues raised.

(c)  If the defendant has filed a general appearance in the
action, the right to attach order shall be set aside unless the
plaintiff shows that his right to attach is authorized by a
provision other than Section 492.010.

(d)  At the hearing on the motion, the court shall determine
whether the plaintiff is entitled to a right to attach order.
If the court finds that the plaintiff is not entitled to a right
to attach order, it shall order the right to attach order set
aside, the writ of attachment quashed, and any property levied
upon pursuant to the writ released. If the court finds that the
plaintiff is entitled to a right to attach order, the
attachment shall continue in effect except as provided in
Section 492.040 and, thereafter, the plaintiff may apply for
additional writs pursuant to Article 2 (commencing with Section 484.310)
or Article 3 (commencing with Section 484.510) of Chapter 4.

(e)  The court's determination shall be made upon the basis of
the pleadings and other papers in the record; but, upon good
cause shown, the court may receive and consider at the hearing
additional evidence, oral or documentary, and additional points
and authorities, or it may continue the hearing for the
production of such additional evidence or points and authorities.

(f)  The hearing provided for in this section shall take
precedence over all other civil matters on the calendar of that
day except older matters of the same character. 492.060. At any
time after a right to attach order and writ of attachment have
been issued under this chapter and before the hearing provided by
Section 492.050, the plaintiff may apply for an additional writ
of attachment under this chapter as provided in Sections 492.060
to 492.090, inclusive. The application shall be filed with the
court in which the action is brought. 492.070. The application
shall be executed under oath and shall include all of the
following:

(a)  A statement that the plaintiff has been issued a right to
attach order and writ of attachment pursuant to Section 492.030.

(b)  A statement of the amount to be secured by the
attachment.

(c)  A description of the property to be attached under the
writ of attachment and a statement that the plaintiff is
informed and believes that such property is subject to
attachment pursuant to Section 492.040.  The description shall
satisfy the requirements of Section 484.020.

492.090.  The court shall examine the application and supporting
affidavit and shall order a writ of attachment to be issued upon the
filing of an undertaking as provided by Sections 489.210 and 489.220,
if it finds both of the following:

(a)    A right to attach order has been issued in the action
pursuant to Section 492.030.

(b)    The affidavit accompanying the application shows that the
property sought to be attached, or the portion thereof to be
specified in the writ, is subject to attachment pursuant to
Section 492.040.

493.010.  As used in this chapter, "general assignment for the
benefit of creditors" means an assignment which satisfies all of
the following requirements:

(a)    The assignment is an assignment of all the defendant's
assets that are transferable and not exempt from enforcement of a
money judgment.

(b)    The assignment is for the benefit of all the defendant's
creditors.

(c)    The assignment does not itself create a preference of one
creditor or class of creditors over any other creditor or class
of creditors, but the assignment may recognize the existence of
preferences to which creditors are otherwise entitled.  493.020.
Notwithstanding any other provision of this title, the defendant
may make a general assignment for the benefit of creditors.

493.030.  (a) The making of a general assignment for the benefit of
creditors terminates a lien of a temporary protective order or of
attachment if the lien was created within 90 days prior to the making
of the general assignment.

(b) The filing of a petition commencing a voluntary or involuntary
case under Title 11 of the United States Code (Bankruptcy) terminates
a lien of a temporary protective order or of attachment if the lien
was created within 90 days prior to the filing of the petition.

(c)    Subdivisions (a) and (b) do not apply unless all liens of
attachment on the defendant's property in other states that were
created within 90 days prior to the making of a general
assignment for the benefit of creditors or the filing of a
petition commencing a case under Title 11 of the United States
Code (Bankruptcy) have terminated.

493.040.  (a) Where a lien of attachment terminates pursuant to
Section 493.030, the assignee under a general assignment for the
benefit of creditors or, in the case of a bankruptcy, the trustee,
interim trustee, or the debtor in possession if there is no trustee or
interim trustee, may secure the release of the attached property by
filing with the levying officer a request for release of attachment
stating the grounds for release and describing the property to be
released, executed under oath, together with a copy thereof.

(b) In the case of an assignee, the request shall include two copies
of the general assignment for the benefit of creditors.

(c)    In the case of a trustee, interim trustee, or debtor in
possession, the request shall include a certified copy of the
petition in bankruptcy, together with a copy thereof.

(d)    If immediate release of the attachment is sought, the
request shall be accompanied by an undertaking to pay the
plaintiff any damages resulting from an improper release of the
attachment, in the amount to be secured by the attachment,
executed by an admitted surety insurer.

(e)    Within five days after the filing of the request for release
of attachment, the levying officer shall mail to the plaintiff:

(1)    A copy of the request for release of the attachment,
including the copy of the document filed pursuant to
subdivision (b) or c.

(2)    If an undertaking has not been given, a notice that the
attachment will be released pursuant to the request for
release of attachment unless otherwise ordered by a court
within 10 days after the date of mailing the notice.

(3)    If an undertaking has been given, a notice that the
attachment has been released.

(f)    Unless otherwise ordered by a court, if an undertaking has
not been given, the levying officer shall release the attachment
pursuant to the request for release of attachment after the
expiration of 10 days from the date of mailing the papers
referred to in subdivision (e) to the plaintiff.  If an
undertaking has been given, the levying officer shall immediately
release the attachment pursuant to the request for release of
attachment.

(g)    Where the attached property has been taken into custody, it
shall be released to the person making the request for release of
attachment or some other person designated in the request.  Where
the attached property has not been taken into custody, it shall
be released as provided in subdivision c or (d) of Section 488.730.

(h)    The levying officer is not liable for releasing an
attachment in accordance with this section nor is any other
person liable for acting in conformity with the release.

493.050.  (a) The lien of a temporary protective order or of
attachment, which has terminated pursuant to Section 493.030, is
reinstated with the same effect as if it had not been terminated in
the following cases:

(1)    Where the termination is the result of the making of a
general assignment for the benefit of creditors and the general
assignment for the benefit of creditors is set aside otherwise
than by the filing of a petition commencing a case under Title 11
of the United States Code (Bankruptcy).

(2)    Where the termination is the result of the filing of a
petition commencing a case under Title 11 of the United States
Code (Bankruptcy) and the petition is dismissed.

(3)    Where the termination is the result of the filing of a
petition commencing a case under Title 11 of the United States
Code (Bankruptcy) and the trustee abandons property which had
been subject to the lien of the temporary protective order or of
attachment.

(b) The period from the making of a general assignment for the benefit
of creditors until reinstatement of the lien of the temporary
protective order or of attachment is not counted in determining the
duration of the temporary protective order or the lien of attachment.

493.060.   (a)  Upon the making of a general assignment for the
benefit of creditors that terminates a lien under this chapter, the
assignee is subrogated to the rights of the plaintiff under the
temporary protective order or attachment.

(b) Upon the filing of a petition commencing a case under Title 11 of
the United States Code (Bankruptcy), a lien terminated pursuant to
this chapter is preserved for the benefit of the estate.

501.  A person may not be imprisoned in a civil action for debt or
tort, whether before or after judgment.  Nothing in this section
affects any power a court may have to imprison a person who violates a
court order.

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

511.020.  "Complaint" includes a cross-complaint.

511.030.  "Defendant" includes a cross-defendant.  511.040.  "Farm
products" means crops or livestock or supplies used or produced in
farming operations or products of crops or livestock in their
unmanufactured states (such as ginned cotton, wool clip, maple syrup,
honey, milk, and eggs) while in the possession of a defendant engaged
in raising, fattening, grazing, or other farming operations.  If
tangible personal property is a farm product, it is not inventory.

511.050.  "Inventory" means tangible personal property in the
possession of a defendant who holds it for sale or lease or to be
furnished under contracts of service.

511.060.  "Levying officer" means the sheriff, constable, or marshal
who is directed to execute a writ of possession issued under this
chapter.

511.070.  "Person" includes an individual, a corporation, a
partnership or other unincorporated association, and a public entity.

511.080.  "Plaintiff" means a person who files a complaint or cross-
complaint.

511.090.  A claim has "probable validity" where it is more likely than
not that the plaintiff will obtain a judgment against the defendant on
that claim.

511.100.  "Public entity" includes the state, the Regents of the
University of California, a county, city, district, public authority,
public agency, and any other political subdivision or public
corporation in the state.

512.010.  (a) Upon the filing of the complaint or at any time
thereafter, the plaintiff may apply pursuant to this chapter for a
writ of possession by filing a written application for the writ with
the court in which the action is brought.

(b) The application shall be executed under oath and shall include all
of the following:

(1)    A showing of the basis of the plaintiff's claim and that the
plaintiff is entitled to possession of the property claimed.
If the basis of the plaintiff's claim is a written instrument, a
copy of the instrument shall be attached.

(2)    A showing that the property is wrongfully detained by the
defendant, of the manner in which the defendant came into
possession of the property, and, according to the best knowledge,
information, and belief of the plaintiff, of the reason for the
detention.

(3)    A particular description of the property and a statement of
its value.

(4)    A statement, according to the best knowledge, information,
and belief of the plaintiff, of the location of the property and,
if the property, or some part of it, is within a private place
which may have to be entered to take possession, a showing that
there is probable cause to believe that such property is located
there.

(5)    A statement that the property has not been taken for a tax,
assessment, or fine, pursuant to a statute; or seized under an
execution against the property of the plaintiff; or, if so
seized, that it is by statute exempt from such seizure.

(c)    The requirements of subdivision (b) may be satisfied by
one or more affidavits filed with the application.

512.020.  (a) Except as otherwise provided in this section, no writ
shall be issued under this chapter except after a hearing on a noticed
motion.

(b) A writ of possession may be issued ex parte pursuant to this
subdivision if probable cause appears that any of the following
conditions exists:

(1)    The defendant gained possession of the property by
feloniously taking the property from the plaintiff.  This
subdivision shall not apply where the defendant has fraudulently
appropriated property entrusted to him or obtained possession by
false or fraudulent representation or pretense or by
embezzlement.

(2)    The property is a credit card.

(3)    The defendant acquired possession of the property in the
ordinary course of his trade or business for commercial purposes
and:

(i)    The property is not necessary for the support of the
defendant or his family; and

(ii)   There is an immediate danger that the property will
become unavailable to levy by reason of being transferred,
concealed, or removed from the state or will become
substantially impaired in value by acts of destruction or by
failure to take care of the property in a reasonable manner;
and

(iii)  The ex parte issuance of a writ of possession is
necessary to protect the property.

The plaintiff's application for the writ shall satisfy the
requirements of Section 512.010 and, in addition, shall include a
showing that the conditions required by this subdivision exist.  A
writ of possession may issue if the court finds that the conditions
required by this subdivision exist and the requirements of Section 512.060
are met.  Where a writ of possession has been issued pursuant
to this subdivision, a copy of the summons and complaint, a copy of
the application and any affidavit in support thereof, and a notice
which satisfies the requirements of subdivisions c and (d) of
Section 512.040 and informs the defendant of his rights under this subdivision
shall be served upon the defendant and any other person required by
Section 514.020 to be served with a writ of possession.  Any defendant
whose property has been taken pursuant to a writ of possession issued
under this subdivision may apply for an order that the writ be quashed
and any property levied on pursuant to the writ be released.  Such
application shall be made by noticed motion, and the provisions of
Section 512.050 shall apply.  Pending the hearing on the defendant's
application, the court may order that delivery pursuant to
Section 514.030 of any property previously levied upon be stayed. If the
court determines that the plaintiff is not entitled to a writ of
possession, the court shall quash the writ of possession and order the
release and redelivery of any property previously levied upon, and
shall award the defendant any damages sustained by him which were
proximately caused by the levy of the writ of possesion and the loss
of possession of the property pursuant to such levy.

512.030.  Prior to the hearing required by subdivision (a) of Section 512.020,
the defendant shall be served with all of the following:

(a)    A copy of the summons and complaint.

(b)    A Notice of Application and Hearing.

(c)    A copy of the application and any affidavit in support
thereof.

512.040.  The "Notice of Application and Hearing" shall inform the
defendant of all of the following:

(a)    A hearing will be held at a place and at a time, to be
specified in the notice, on plaintiff's application for a writ of
possession.

(b)    The writ will be issued if the court finds that the
plaintiff's claim is probably valid and the other requirements
for issuing the writ are established.  The hearing is not for the
purpose of determining whether the claim is actually valid.  The
determination of the actual validity of the claim will be made in
subsequent proceedings in the action and will not be affected by
the decision at the hearing on the application for the writ.

(c)    If the defendant desires to oppose the issuance of the writ,
he shall file with the court either an affidavit providing
evidence sufficient to defeat the plaintiff's right to issuance
of the writ or an undertaking to stay the delivery of the
property in accordance with Section 515.020.

(d)    The notice shall contain the following statement:  "If you
believe the plaintiff may not be entitled to possession of the
property claimed, you may wish to seek the advice of an attorney.
Such attorney should be consulted promptly so that he may assist
you before the time set for the hearing."

512.050.  Each party shall file with the court and serve upon the
other party within the time prescribed by rule any affidavits and
points and authorities intended to be relied upon at the hearing.  At
the hearing, the court shall make its determinations upon the basis of
the pleadings and other papers in the record; but, upon good cause
shown, the court may receive and consider additional evidence and
authority produced at the hearing or may continue the hearing for the
production of such additional evidence, oral or documentary, or the
filing of other affidavits or points and authorities.

512.060.  (a) At the hearing, a writ of possession shall issue if both
of the following are found:

(1)    The plaintiff has established the probable validity of his
claim to possession of the property.

(2)    The plaintiff has provided an undertaking as required by
Section 515.010.

(b) No writ directing the levying officer to enter a private place to
take possession of any property shall be issued unless the plaintiff
has established that there is probable cause to believe that such
property is located there.

512.070.  If a writ of possession is issued, the court may also issue
an order directing the defendant to transfer possession of the
property to the plaintiff.  Such order shall contain a notice to the
defendant that failure to turn over possession of such property to
plaintiff may subject the defendant to being held in contempt of
court.

512.080.  The writ of possession shall meet all of the following
requirements:

(a)    Be directed to the levying officer within whose jurisdiction
the property is located.

(b)    Describe the specific property to be seized.

(c)    Specify any private place that may be entered to take
possession of the property or some part of it.

(d)    Direct the levying officer to levy on the property pursuant
to Section 514.  010 if found and to retain it in custody until
released or sold pursuant to Section 514.030.

(e)    Inform the defendant of the right to object to the
plaintiff's undertaking, a copy of which shall be attached to the
writ, or to obtain redelivery of the  property by filing an
undertaking as prescribed by Section 515.020.  512.090.  (a) The
plaintiff may apply ex parte in writing to the court in which the
action was brought for an endorsement on the writ directing the
levying officer to seize the property at a private place not
specified in the writ.

(b) The court shall make the endorsement if the plaintiff establishes
by affidavit that there is probable cause to believe that the property
or some part of it may be found at that place.

512.100.  Neither the failure of the defendant to oppose the issuance
of a writ of possession under this chapter nor his failure to rebut
any evidence produced by the plaintiff in connection with proceedings
under this chapter shall constitute a waiver of any defense to
plaintiff's claim in the action or any other action or have any effect
on the right of the defendant to produce or exclude evidence at the
trial of any such action.

512.110.  The determinations of the court under this chapter shall
have no effect on the determination of any issues in the action other
than the issues relevant to proceedings under this chapter, nor shall
they affect the rights of any party in any other action arising out of
the same claim.  The determinations of the court under this chapter
shall not be given in evidence nor referred to in the trial of any
such action.  512.120.  If the plaintiff fails to recover judgment in
the action, he shall redeliver the property to the defendant and be
liable for all damages sustained by the defendant which are
proximately caused by operation of the temporary restraining order and
preliminary injunction, if any, the levy of the writ of possession,
and the loss of possession of the property pursuant to levy of the
writ of possession or in compliance with an order issued under Section 512.070.

513.010.  (a) Except as otherwise provided by this chapter, the
provisions of Chapter 3 (commencing with Section 525) of this title
relating to the issuance of a temporary restraining order apply.  At
or after the time he files his application for writ of possession, the
plaintiff may apply for a temporary restraining order by setting forth
in the application a statement of grounds justifying the issuance of
such order.

(b)    A temporary restraining order may issue ex parte if all of
the following are found:

(1)    The plaintiff has established the probable validity of
his claim to possession of the property.

(2)    The plaintiff has provided an undertaking as required by
Section 515.010.

(3)    The plaintiff has established the probability that there is
an immediate danger that the property claimed may become
unavailable to levy by reason of being transferred, concealed, or
removed or may become substantially impaired in value.

(c)    If at the hearing on issuance of the writ of possession
the court determines that the plaintiff is not entitled to a
writ of possession, the court shall dissolve any temporary
restraining order; otherwise, the court may issue a
preliminary injunction to remain in effect until the property
claimed is seized pursuant to the writ of possession.

513.020.  In the discretion of the court, the temporary restraining
order may prohibit the defendant from doing any or all of the
following:

(a)    Transferring any interest in the property by sale, pledge,
or grant of security interest, or otherwise disposing of, or
encumbering, the property. If the property is farm products held
for sale or lease or is inventory, the order may not prohibit the
defendant from transferring the property in the ordinary course
of business, but the order may impose appropriate restrictions on
the disposition of the proceeds from such transfer.

(b)    Concealing or otherwise removing the property in such a
manner as to make it less available to seizure by the levying
officer.

(c)    Impairing the value of the property either by acts of
destruction or by failure to care for the property in a
reasonable manner.

514.010.  (a) Except as otherwise provided in this section, upon
receipt of the writ of possession the levying officer shall
search for and take custody of the specified property, if it be
in the possession of the defendant or his agent, either by
removing the property to a place of safekeeping or by installing
a keeper.

(b) If the specified property is used as a dwelling, such as a
mobilehome or boat, levy shall be made by placing a keeper in
charge of the property for two days, at the plaintiff's expense,
after which period the levying officer shall remove the occupants
and any contents not specified in the writ and shall take
exclusive possession of the property.

(c)    If the specified property or any part of it is in a private
place, the levying officer shall at the time he demands
possession of the property announce his identity, purpose, and
authority.  If the property is not voluntarily delivered, the
levying officer may cause any building or enclosure where the
property may be located to be broken open in such a manner as he
reasonably believes will cause the least damage and may call upon
the power of the county to aid and protect him, but, if he
reasonably believes the entry and seizure of the property will
involve a substantial risk of death or serious bodily harm to any
person, he shall refrain from seizing the property and shall
promptly make a return to the court from which the writ issued
setting forth the reasons for his belief that the risk exists.
In such case, the court shall make such orders as may be
appropriate.

(d)    Nothing in this section authorizes the levying officer to
enter or search any private place not specified in the writ of
possession or other order of the court.

514.020.  (a) At the time of levy, the levying officer shall deliver
to the person in possession of the property a copy of the writ of
possession with a copy of the plaintiff's undertaking attached.

(b) If no one is in possession of the property at the time of levy,
the levying officer shall subsequently serve the writ and attached
undertaking on the defendant.  If the defendant has appeared in the
action, service shall be accomplished in the manner provided by
Chapter 5 (commencing with Section 1010) of Title 14 of this part.  If
the defendant has not appeared in the action, service shall be
accomplished in the manner provided for the service of summons and
complaint by Article 3 (commencing with Section 415.10) of Chapter 4
of Title 5 of this part.

514.030.  (a) After the levying officer takes possession pursuant to a
writ of possession, the levying officer shall keep the property in a
secure place.  Except as otherwise provided by Sections 512.020
and 514.050:

(1)    If notice of the filing of an undertaking for redelivery or
notice of objection to the plaintiff's undertaking is not
received by the levying officer within 10 days after levy of the
writ of possession, the levying officer shall deliver the
property to plaintiff, upon receiving the fees for taking and
necessary expenses for keeping the property.

(2)    If notice of the filing of an undertaking for redelivery is
received by the levying officer within 10 days after levy of the
writ of possession and defendant's undertaking is not objected
to, the levying officer shall redeliver the property to defendant
upon expiration of the time to so object, upon receiving the fees
for taking and necessary expenses for keeping the property not
already paid or advanced by the plaintiff.

(3)    If notice of objection to the plaintiff's undertaking or
notice of the filing of an undertaking for redelivery is received
within 10 days after levy of the writ of possession and
defendant's undertaking is objected to, the levying officer shall
not deliver or redeliver the property until the time provided in
Section 515.030.

(b) Notwithstanding subdivision (a), where not otherwise provided by
contract and where an undertaking for redelivery has not been filed,
upon a showing that the property is perishable or will greatly
deteriorate or depreciate in value or for some other reason that the
interests of the parties will be best served thereby, the court may
order that the property be sold and the proceeds deposited in the
court to abide the judgment in the action.

514.040.  The levying officer shall return the writ of possession,
with his proceedings thereon, to the court in which the action is
pending within 30 days after levy but in no event more than 60 days
after the writ is issued.

514.050.  Where the property taken is claimed by a third person, the
rules and proceedings applicable in cases of third-party claims under
Division 4 (commencing with Section 720.010) of Title 9 apply.

515.010.  The court shall not issue a temporary restraining order or a
writ of possession until the plaintiff has filed with the court an
undertaking.  The undertaking shall provide that the sureties are
bound to the defendant for the return of the property to the
defendant, if return of the property is ordered, and for the payment
to the defendant of any sum recovered against plaintiff.  The
undertaking shall be in an amount not less than twice the value of
defendant's interest in the property or in a greater amount.  The
value of the defendant's interest in the property is determined by the
market value of the property less the amount due and owing on any
conditional sales contract or security agreement and all liens and
encumbrances on the property, and such other factors as may be
necessary to determine the defendant's interest in the property.

515.020.  (a) The defendant may prevent the plaintiff from taking
possession of property pursuant to a writ of possession or regain
possession of property so taken by filing with the court in which the
action was brought an undertaking in an amount equal to the amount of
the plaintiff's undertaking required by Section 515.010.  The
undertaking shall state that, if the plaintiff recovers judgment on
the action, the defendant shall pay all costs awarded to the plaintiff
and all damages that the plaintiff may sustain by reason of the loss
of possession of the property.  The damages recoverable by the
plaintiff pursuant to this section shall include all damages
proximately caused by the plaintiff's failure to gain or retain
possession.

(b)    The defendant's undertaking may be filed at any time before
or after levy of the writ of possession.  A copy of the
undertaking shall be mailed to the levying officer.

(c)    If an undertaking for redelivery is filed and defendant's
undertaking is not objected to, the levying officer shall deliver
the property to the defendant, or, if the plaintiff has
previously been given possession of the property, the plaintiff
shall deliver such property to the defendant.  If an undertaking
for redelivery is filed and defendant's undertaking is objected
to, the provisions of Section 515.030 apply.

515.030.  (a) The defendant may object to the plaintiff's undertaking
not later than 10 days after levy of the writ of possession.  The
defendant shall mail notice of objection to the levying officer.

(b) The plaintiff may object to the defendant's undertaking not later
than 10 days after the defendant's undertaking is filed.  The
plaintiff shall mail notice of objection to the levying officer.

(c)    If the court determines that the plaintiff's undertaking is
insufficient and a sufficient undertaking is not filed within the
time required by statute, the court shall vacate the temporary
restraining order or preliminary injunction, if any, and the writ
of possession and, if levy has occurred, order the levying
officer or the plaintiff to return the property to the defendant.
If the court determines that the plaintiff's undertaking is
sufficient, the court shall order the levying officer to deliver
the property to the plaintiff.

(d)    If the court determines that the defendant's undertaking is
insufficient and a sufficient undertaking is not filed within the
time required by statute, the court shall order the levying
officer to deliver the property to the plaintiff, or, if the
plaintiff has previously been given possession of the property,
the plaintiff shall retain possession.  If the court determines
that the defendant's undertaking is sufficient, the court shall
order the levying officer or the plaintiff to deliver the
property to the defendant.

516.010.  The Judicial Council may provide by rule for the practice
and procedure in proceedings under this chapter.  516.020.  The
Judicial Council shall prescribe the form of the applications,
notices, orders, and other documents required by this chapter.

516.030.  The facts stated in each affidavit filed pursuant to this
chapter shall be set forth with particularity.  Except where matters
are specifically permitted by this chapter to be shown by information
and belief, each affidavit shall show affirmatively that the affiant,
if sworn as a witness, can testify competently to the facts stated
therein.  The affiant may be any person, whether or not a party to the
action, who has knowledge of the facts.  A verified complaint that
satisfies the requirements of this section may be used in lieu of or
in addition to an ordinary affidavit.

516.040.  The judicial duties to be performed under this chapter are
"subordinate judicial duties" within the meaning of Section 22 of
Article VI of the California Constitution and may be performed by
appointed officers such as court commissioners.  516.050.  Nothing in
this chapter shall preclude the granting of relief pursuant to
Chapter 3 (commencing with Section 525) of this title.

525.   An injunction is a writ or order requiring a person to refrain
from a particular act.  It may be granted by the court in which the
action is brought, or by a judge thereof; and when granted by a
judge, it may be enforced as an order of the court.

526.   (a) An injunction may be granted in the following cases:

(1)    When it appears by the complaint that the plaintiff is
entitled to the relief demanded, and the relief, or any part
thereof, consists in restraining the commission or continuance of
the act complained of, either for a limited period or
perpetually.

(2)    When it appears by the complaint or affidavits that the
commission or continuance of some act during the litigation would
produce waste, or great or irreparable injury, to a party to the
action.

(3)    When it appears, during the litigation, that a party to the
action is doing, or threatens, or is about to do, or is procuring
or suffering to be done, some act in violation of the rights of
another party to the action respecting the subject of the action,
and tending to render the judgment ineffectual.

(4)    When pecuniary compensation would not afford adequate
relief.

(5)    Where it would be extremely difficult to ascertain the
amount of compensation which would afford adequate relief.

(6)    Where the restraint is necessary to prevent a multiplicity
of judicial proceedings.

(7)    Where the obligation arises from a trust.

(b) An injunction cannot be granted in the following cases:

(1)    To stay a judicial proceeding pending at the commencement of
the action in which the injunction is demanded, unless the
restraint is necessary to prevent a multiplicity of proceedings.

(2)    To stay proceedings in a court of the United States.

(3)    To stay proceedings in another state upon a judgment of a
court of that state.

(4)    To prevent the execution of a public statute by officers of
the law for the public benefit.

(5)    To prevent the breach of a contract the performance of which
would not be specifically enforced, other than a contract in
writing for the rendition of personal services from one to
another where the promised service is of a special, unique,
unusual, extraordinary, or intellectual character, which gives it
peculiar value, the loss of which cannot be reasonably or
adequately compensated in damages in an action at law, and where
the compensation for the personal services is as follows:

(A)    As to contracts entered into on or before December 31, 1993,
the minimum compensation provided in the contract for the
personal services shall be at the rate of six thousand
dollars ($6,000) per annum.

(B)    As to contracts entered into on or after January 1, 1994,
the criteria of clause (i) or (ii), as follows, are satisfied:

(i)    The compensation is as follows:

(I)    The minimum compensation provided in the contract shall
be at the rate of nine thousand dollars ($9,000) per annum
for the first year of the contract, twelve thousand dollars ($12,000)
per annum for the second year of the contract, and
fifteen thousand dollars ($15,000) per annum for the third
to seventh years, inclusive, of the contract.

(II)   In addition, after the third year of the contract,
there shall actually have been paid for the services through
and including the contract year during which the injunctive
relief is sought, over and above the minimum contractual
compensation specified in subclause (I), the amount of
fifteen thousand dollars ($15,000) per annum during the
fourth and fifth years of the contract, and thirty thousand
dollars ($30,000) per annum during the sixth and seventh
years of the contract.  As a condition to petitioning for an
injunction, amounts payable under this clause may be paid at
any time prior to seeking injunctive relief.

(ii)   The aggregate compensation actually received for the
services provided under a contract that does not meet the
criteria of subparagraph (A), is at least 10 times the
applicable aggregate minimum amount specified in subclauses (I)
and (II) of clause (i) through and including the contract
year during which the injunctive relief is sought.  As a
condition to petitioning for an injunction, amounts payable
under this subparagraph may be paid at any time prior to
seeking injunctive relief.

(C)    Compensation paid in any contract year in excess of the
minimums specified in clauses (i) and (ii) of subparagraph (B)
shall apply to reduce the compensation otherwise required to be
paid under those provisions in any subsequent contract years.
However, an injunction may be granted to prevent the breach of a
contract entered into between any nonprofit cooperative
corporation or association and a member or stockholder thereof,
in respect to any provision regarding the sale or delivery to the
corporation or association of the products produced or acquired
by the member or stockholder.

(6)    To prevent the exercise of a public or private office, in
a lawful manner, by the person in possession.

(7)    To prevent a legislative act by a municipal corporation.

526a.  An action to obtain a judgment, restraining and preventing any
illegal expenditure of, waste of, or injury to, the estate, funds, or
other property of a county, town, city or city and county of the
state, may be maintained against any officer thereof, or any agent, or
other person, acting in its behalf, either by a citizen resident
therein, or by a corporation, who is assessed for and is liable to
pay, or, within one year before the commencement of the action, has
paid, a tax therein.  This section does not affect any right of action
in favor of a county, city, town, or city and county, or any public
officer; provided, that no injunction shall be granted restraining the
offering for sale, sale, or issuance of any municipal bonds for public
improvements or public utilities.

An action brought pursuant to this section to enjoin a public
improvement project shall take special precedence over all civil
matters on the calendar of the court except those matters to which
equal precedence on the calendar is granted by law.  526b.  Every
person or corporation bringing, instigating, exciting or abetting, any
suit to obtain an injunction, restraining or enjoining the issuance,
sale, offering for sale, or delivery, of bonds, or other securities,
or the expenditure of the proceeds of the sale of such bonds or other
securities, of any city, city and county, town, county, or other
district organized under the laws of this state, or any other
political subdivision of this state, proposed to be issued, sold,
offered for sale or delivered by such city, city and county, town,
county, district or other political subdivision, for the purpose of
acquiring, constructing, completing, improving or extending water
works, electric works, gas works or other public utility works or
property, shall, if the injunction sought is finally denied, and if
such person or corporation owns, controls, or is operating or
interested in, a public utility business of the same nature as that
for which such bonds or other securities are proposed to be issued,
sold, offered for sale, or delivered, be liable to the defendant for
all costs, damages and necessary expenses resulting to such defendant
by reason of the filing of such suit.

527.   (a) An injunction may be granted at any time before judgment
upon a verified complaint, or upon affidavits if the complaint in
the one case, or the affidavits in the other, show satisfactorily
that sufficient grounds exist therefor.  A copy of the complaint or
of the affidavits, upon which the injunction was granted, must, if
not previously served, be served therewith.

A temporary restraining order or a preliminary injunction, or both,
may be granted in a class action, in which one or more of the
parties sues or defends for the benefit of numerous parties upon
the same grounds as in other actions, whether or not the class has
been certified.

No preliminary injunction shall be granted without notice to the
opposite party; nor shall any temporary restraining order be
granted without notice to the opposite party, unless (1) it shall
appear from facts shown by affidavit or by the verified complaint
that great or irreparable injury would result to the applicant
before the matter can be heard on notice and (2) the applicant or
the applicant's attorney certifies to the court under oath (A) that
within a reasonable time prior to the application he or she
informed the opposing party or his or her attorney at what time and
where the application would be made;

(B) that he or she in good faith attempted to inform the opposing
party and his or her attorney but was unable to so inform the
opposing party or his or her attorney, specifying the efforts made
to contact them; or c that for reasons specified he or she should
not be required to so inform the opposing party or his or her
attorney.  In case a temporary restraining order shall be granted
without notice, in the contingency above specified, the matter
shall be made returnable on an order requiring cause to be shown
why the injunction should not be granted, on the earliest day that
the business of the court will admit of, but not later than 15 days
or, if good cause appears to the court, 20 days from the date of
the order.   When the matter first comes up for hearing the party
who obtained the temporary restraining order must be ready to
proceed and must have served upon the opposite party at least two
days prior to the hearing, a copy of the complaint and of all
affidavits to be used in the application and a copy of the points
and authorities in support of the application; if the party is not
ready, or if he or she fails to serve a copy of his or her
complaint, affidavits and points and authorities, as herein
required, the court shall dissolve the temporary restraining order.

The defendant, however, shall be entitled, as of course, to one
continuance for a reasonable period, if he or she desires it, to
enable him or her to meet the application for the preliminary
injunction. The defendant may, in response to an order to show
cause, present affidavits relating to the granting of the
preliminary injunction, and if the affidavits are served on the
applicant at least two days prior to the hearing, the applicant
shall not be entitled to any continuance on account thereof. On the
day upon which the order is made returnable, the hearing shall take
precedence of all other matters on the calendar of the day, except
older matters of the same character, and matters to which special
precedence may be given by law.  When the cause is at issue it
shall be set for trial at the earliest possible date and shall take
precedence of all other cases, except older matters of the same
character, and matters to which special precedence may be given by
law.

(b)    This section does not apply to an order described in
Section 240 of the Family Code.

(c)    There shall be no filing fee for a petition or response
relating to a protective order, restraining order, or a permanent
injunction restraining violence or threats of violence in any
action brought pursuant to this chapter.

527.3. (a) In order to promote the rights of workers to engage in
concerted activities for the purpose of collective bargaining,
picketing or other mutual aid or protection, and to prevent the
evils which frequently occur when courts interfere with the normal
processes of dispute resolution between employers and recognized
employee organizations, the equity jurisdiction of the courts in
cases involving or growing out of a labor dispute shall be no
broader than as set forth in subdivision (b) of this section, and
the provisions of subdivision (b) of this section shall be strictly
construed in accordance with existing law governing labor disputes
with the purpose of avoiding any unnecessary judicial interference
in labor disputes.

(b) The acts enumerated in this subdivision, whether performed singly
or in concert, shall be legal, and no court nor any judge nor judges
thereof, shall have jurisdiction to issue any restraining order or
preliminary or permanent injunction which, in specific or general
terms, prohibits any person or persons, whether singly or in concert,
from doing any of the following:

(1)    Giving publicity to, and obtaining or communicating
information regarding the existence of, or the facts involved in,
any labor dispute, whether by advertising, speaking, patrolling
any public street or any place where any person or persons may
lawfully be, or by any other method not involving fraud, violence
or breach of the peace.

(2)    Peaceful picketing or patrolling involving any labor
dispute, whether engaged in singly or in numbers.

(3)    Assembling peaceably to do any of the acts specified in
paragraphs (1) and (2) or to promote lawful interests.

(4)    Except as provided in subparagraph (iv), for purposes of
this section, "labor dispute" is defined as follows:

(i)    A case shall be held to involve or to grow out of a labor
dispute when the case involves persons who are engaged in the
same industry, trade, craft, or occupation; or have direct or
indirect interests therein; or who are employees of the same
employer; or who are members of the same or an affiliated
organization of employers or employees; whether such dispute
is (a) between one or more employers or associations of employers and
one or more employees or associations of employees; (b) between one
or more employers or associations of employers and one or more
employers or associations of employers; or c between one or more
employees or associations of employees and one or more employees or
associations of employees; or when the case involves any
conflicting or competing interests in a "labor dispute" or "persons
participating or interested" therein (as defined in subparagraph (ii)).

(ii)   A person or association shall be held to be a person
participating or interested in  labor dispute if relief is sought
against him or it, and if he or it is engaged in the same
industry, trade, craft, or occupation in which such dispute
occurs, or has a direct or indirect interest therein, or is a
member, officer, or agent of any association composed in whole or
in part of employers or employees engaged in such industry,
trade, craft, or occupation.

(iii)  The term "labor dispute" includes any controversy concerning
terms or conditions of employment, or concerning the association
or representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment
regardless of whether or not the disputants stand in the
proximate relation of employer and employee.

(iv)   The term "labor dispute" does not include a jurisdictional
strike as defined in Section 1118 of the Labor Code.

(c)    Nothing contained in this section shall be construed to
alter or supersede the provisions of Chapter 1 of the 1975-76
Third Extraordinary Session, and to the extent of any conflict
between the provisions of this act and that chapter, the
provisions of the latter shall prevail.

(d)    Nothing contained in this section shall be construed to
alter the legal rights of public employees or their employers,
nor shall this section alter the rights of parties to
collective-bargaining agreements under the provisions of
Section 1126 of the Labor Code.

(e)    It is not the intent of this section to permit conduct that
is unlawful including breach of the peace, disorderly conduct,
the unlawful blocking of access or egress to premises where a
labor dispute exists, or other similar unlawful activity.

527.6. (a) A person who has suffered harassment as defined in
subdivision (b) may seek a temporary restraining order, and an
injunction prohibiting harassment as provided in this section.

(b)    For the purposes of this section, "harassment" is a knowing
and willful course of conduct directed at a specific person which
seriously alarms, annoys, or harasses the person, and which
serves no legitimate purpose.  The course of conduct must be such
as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional
distress to the plaintiff.  "Course of conduct" is a pattern of
conduct composed of a series of  acts over a period of time,
however short, evidencing a continuity of purpose.
Constitutionally protected activity is not included within the
meaning of "course of conduct."

(c)    Upon filing a petition for an injunction under this section,
the plaintiff may obtain a temporary restraining order in
accordance with subdivision (a) of Section 527.  A temporary
restraining order may be granted with or without notice upon an
affidavit which, to the satisfaction of the court, shows
reasonable proof of harassment of the plaintiff by the defendant,
and that great or irreparable harm would result to the plaintiff.
A temporary restraining order granted under this section shall
remain in effect, at the court's discretion, for a period not to
exceed 15 days, unless otherwise modified or terminated by the
court.

(d)    Within 15 days of the filing of the petition, a hearing
shall be held on the petition for the injunction.  The
defendant may file a response which explains, excuses,
justifies, or denies the alleged harassment or may file a
cross-complaint under this section.  At the hearing, the judge
shall receive any testimony that is relevant, and may make an
independent inquiry.  If the judge finds by clear and
convincing evidence that unlawful harassment exists, an
injunction shall issue prohibiting the harassment.  An
injunction issued pursuant to this section shall have a
duration of not more than three years.
At any time within the three months before the expiration of
the injunction, the plaintiff may apply for a renewal of the
injunction by filing a new petition for an injunction under
this section.

(e)    Nothing in this section shall preclude either party from
representation by private counsel or from appearing on his or her
own behalf.

(f)    In a proceeding under this section where there are
allegations or threats of domestic violence, a support person may
accompany a party in court and, where the party is not
represented by an attorney, may sit with the party at the table
that is generally reserved for the party and his or her attorney.
The support person is present to provide moral and emotional
support for a person who alleges he or she is a victim of
domestic violence.  The support person is not present as a legal
adviser and shall not give legal advice.  The support person
shall assist the person who alleges he or she is a victim of
domestic violence in feeling more confident that he or she will
not be injured or threatened by the other party during the
proceedings where the person who alleges he or she is a victim of
domestic violence and the other party must be present in close
proximity.  Nothing in this subdivision precludes the court from
exercising its discretion to remove the support person from the
courtroom if the court believes the support person is prompting,
swaying, or influencing the party assisted by the support person.

(g)    Upon filing of a petition for an injunction under this
section, the defendant shall be personally served with a copy of
the petition, temporary restraining order, if any, and notice of
hearing of the petition.

(h)    The court shall order the plaintiff or the attorney for the
plaintiff to deliver a copy of each temporary restraining order
or injunction, or modification or termination thereof, granted
under this section, by the close of the business day on which the
order was granted, to the law enforcement agencies within the
court's discretion as are requested by the plaintiff.
Each appropriate law enforcement agency shall make available
information as to the existence and current status of these
orders to law enforcement officers responding to the scene of
reported harassment.

(i)    The prevailing party in any action brought under this
section may be awarded court costs and attorney's fees, if any.

(j)    Any willful disobedience of any temporary restraining order
or injunction granted under this section is punishable pursuant
to Section 273.6 of the Penal Code.

(k)    This section does not apply to any action or proceeding
covered by Title 1.6C (commencing with Section 1788) of the Civil
Code or by Division 10 (commencing with Section 6200) of the
Family Code.  Nothing in this section shall preclude a
plaintiff's right to utilize other existing civil remedies.

(l)    The Judicial Council shall promulgate forms and instructions
therefor, rules for service of process, scheduling of hearings,
and any other matters required by this section.  The petition and
response forms shall be simple and concise.

527.7. (a) It shall be unlawful for any group, association,
organization, society, or other assemblage of two or more persons
to meet and to advocate, and to take substantial action in
furtherance of, the commission of an unlawful act of violence or
force directed to and likely to produce the imminent and unlawful
infliction of serious bodily injury or death of another person
within this state.

(b)    Whenever it reasonably appears that any group, association,
society, or other assemblage of two or more persons has met and
taken substantial action in furtherance of the commission of an
act of violence made unlawful by subdivision

(a)    and will engage in those acts in the future, any aggrieved
individual may bring a civil action in the superior court to enjoin
the advocacy of the commission of any act of violence made unlawful
by subdivision (a) at any future meeting or meetings.  Upon a
proper showing by clear and convincing evidence, a permanent or
preliminary injunction, restraining order, or writ of mandate shall
be granted.

(c)    Whenever it appears that an action brought under this
section was groundless and brought in bad faith for the purpose
of harassment, the trial court or any appellate court may award
to the defendant attorney's fees and court costs incurred for the
purpose of defending the action.

528.   An injunction cannot be allowed after the defendant has
answered, unless upon notice, or upon an order to show cause; but
in such case the defendant may be restrained until the decision of
the Court or Judge granting or refusing the injunction.

529.   (a) On granting an injunction, the court or judge must require
an undertaking on the part of the applicant to the effect that the
applicant will pay to the party enjoined any damages, not exceeding
an amount to be specified, the party may sustain by reason of the
injunction, if the court finally decides that the applicant was not
entitled to the injunction.  Within five days after the service of
the injunction, the person enjoined may object to the undertaking.
If the court determines that the applicant's undertaking is
insufficient and a sufficient undertaking is not filed within the
time required by statute, the order granting the injunction must be
dissolved.

(b)    This section does not apply to any of the following persons:

(1)    Either spouse against the other in a proceeding for legal
separation or dissolution of marriage.

(2)    The applicant for an order described in Division 10 (commencing
with Section 6200) of the Family Code.

(3)    A public entity or officer described in Section 995.220.

529.1. (a) In all actions in which the court has granted an
injunction sought by any plaintiff to enjoin a construction project
which has received all legally required licenses and permits, the
defendant may apply to the court by noticed motion for an order
requiring the plaintiff to furnish an undertaking as security for
costs and any damages that may be incurred by the defendant by the
conclusion of the action or proceeding as the result of a delay in
the construction of the project.  The motion shall be made on the
grounds that there is no reasonable possibility that the plaintiff
will obtain a judgment against the moving defendant and that the
plaintiff will not suffer undue economic hardship by filing the
undertaking.

(b) 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 damages of the defendant.
The liability of the plaintiff pursuant to this section for the
costs and damages of the defendant shall not exceed five hundred
thousand dollars ($500,000).

(c)    As used in this section, a construction project includes,
but is not restricted to, the construction, surveying, design,
specifications, alteration, repair, improvement, maintenance,
removal, or demolition of any building, highway, road, parking
facility, bridge, railroad, airport, pier or dock, excavation or
other structure, development or other improvement to real or
personal property.

(d)    The Office of Planning and Research shall review the
operation of this section and report to the Governor and the
Legislature by January 1, 1985.

529.2. (a) In all civil actions, including, but not limited to,
actions brought pursuant to Section 21167 of the Public Resources
Code, brought by any plaintiff to challenge a housing project which
is a development project, as defined by Section 65928 of the
Government Code, and which meets or exceeds the requirements for
low- or moderate-income housing as set forth in Section 65915 of
the Government Code, a defendant may, if the bringing of the action
or the seeking by the plaintiff of particular relief including, but
not limited to, injunctions, has the effect of preventing or
delaying the project from being carried out, apply to the court by
noticed motion for an order requiring the plaintiff to furnish an
undertaking as security for costs and any damages that may be
incurred by the defendant by the conclusion of the action or
proceeding as the result of a delay in carrying out the development
project.  The motion shall be made  on the grounds that:  (1) the
action was brought in bad faith, vexatiously, for the purpose of
delay, or to thwart the low- or moderate-income nature of the
housing development project, and (2) the plaintiff will not suffer
undue economic hardship by filing the undertaking.

(b) 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 damages of the defendant.

The liability of the plaintiff pursuant to this section for the
costs and damages of the defendant shall not exceed five hundred
thousand dollars ($500,000).

(c)    If at any time after the plaintiff has filed an undertaking
the housing development plan is changed by the developer in bad
faith so that it fails to meet or exceed the requirements for low-
or moderate-income housing as set forth in Section 65915 of the
Government Code, the developer shall be liable to the plaintiff
for the cost of obtaining the undertaking.

530.   In all actions which may be hereafter brought when an
injunction or restraining order may be applied for to prevent the
diversion, diminution or increase of the flow of water in its
natural channels, to the ordinary flow of which the plaintiff
claims to be entitled, the court shall first require due notice of
the application to be served upon the defendant, unless it shall
appear from the verified complaint or affidavits upon which the
application therefor is made, that, within ten days prior to the
time of such application, the plaintiff has been in the peaceable
possession of the flow of such water, and that, within such time,
said plaintiff has been deprived of the flow thereof by the
wrongful diversion of such flow by the defendant, or that the
plaintiff, at the time of such application, is, and for ten days
prior thereto, has been, in possession of the flow of said water,
and that the defendant threatens to divert the flow of such water;
and if such notice of such application be given and upon the
hearing thereof, it be made to appear to the court that plaintiff
is entitled to the injunction, but that the issuance thereof
pending the litigation will entail great damage upon defendant, and
that plaintiff will not be greatly damaged by the acts complained
of pending the litigation, and can be fully compensated for such
damage as he may suffer, the court may refuse the injunction upon
the defendant giving a bond such as is provided for in section five
hundred and thirty-two; and upon the trial the same proceedings
shall be had, and with the same effect as in said section provided.

531.   An injunction to suspend the general and ordinary business of
a corporation can not be granted without due notice of the
application therefor to the proper officers or managing agent of
the corporation, except when the people of this state are a party
to the proceeding.

532.   (a) If an injunction is granted without notice to the person
enjoined, the person may apply, upon reasonable notice to the judge
who granted the injunction, or to the court in which the action was
brought, to dissolve or modify the injunction.  The application may
be made upon the complaint or the affidavit on which the injunction
was granted, or upon affidavit on the part of the person enjoined,
with or without the answer.  If the application is made upon
affidavits  on the part of the person enjoined, but not otherwise,
the person against whom the application is made may oppose the
application by affidavits or other evidence in addition to that on
which the injunction was granted.

(b) In all actions in which an injunction or restraining order has
been or may be granted or applied for, to prevent the diversion,
pending the litigation, of water used, or to be used, for
irrigation or domestic purposes only, if it is made to appear to
the court that great damage will be suffered by the person
enjoined, in case the injunction is continued, and that the person
in whose behalf it issued can be fully compensated for any damages
suffered by reason of the continuance of the acts enjoined during
the pendency of the litigation, the court in its discretion, may
dissolve or modify the injunction.  The dissolution or modification
shall be subject to the person enjoined giving a bond in such
amount as may be fixed by the court or judge, conditioned that the
enjoined person will pay all damages which the person in whose
behalf the injunction issued may suffer by reason of the
continuance, during the litigation, of the acts complained of.

Upon the trial the amount of the damages must be ascertained, and
in case judgment is rendered for the person in whose behalf the
injunction was granted, the amount fixed as damages must be
included in the judgment, together with reasonable attorney's fees.
In any proceedings to enforce the liability on the bond, the amount
of the damages as fixed in the judgment is conclusive.

533.   If upon such application it satisfactorily appear that there
is not sufficient ground for the injunction, it must be dissolved;
or if it satisfactorily appear that the extent of the injunction is
too great, it must be modified.

534.   In any action brought by a riparian owner to enjoin the
diversion of water appropriated or proposed to be appropriated, or
the use thereof, against any person or persons appropriating or
proposing to appropriate such waters, the defendant may set up in
his answer that the water diverted or proposed to be diverted is
for the irrigation of land or other public use, and, in such case,
he shall also in such answer set forth the quantity of water
desired to be taken and necessary to such irrigation of land or the
public use, the nature of such use, the place where the same is
used or proposed to be used, the duration and extent of the
diversion or the proposed diversion, including the stages of the
flow of the stream at and during the time in which the water is to
be diverted, and that the same may be diverted without interfering
with the actual and necessary beneficial uses of the plaintiff, and
that such defendant so answering desires that the court shall
ascertain and fix the damages, if any, that will result to the
plaintiff or to his riparian lands from the appropriation of the
water so appropriated or intended to be appropriated by defendant.

The plaintiff may serve and file a reply to the defendant's answer
stating plaintiff's rights to the water and the damage plaintiff
will suffer by the defendant's taking of the water, and plaintiff
may implead as parties to the action all persons necessary to a
full determination of the rights of plaintiff to the water and the
damages plaintiff will suffer by the proposed taking by defendant,
and the court shall have jurisdiction to hear and determine all the
rights to water of the plaintiff and other parties to the action,
and said parties shall have a right to state and prove their
rights, and shall be bound by the judgment rendered the same as
though made parties plaintiff at the commencement of the action.

Upon the trial of the case the court shall receive and hear
evidence on behalf of the respective parties, and if the court
finds that the allegations of such answer are true as to the
aforesaid matters, and that the appropriation and diversion of
such waters is for irrigation of land or other public use and
that, after allowing sufficient water for the actual and
necessary beneficial uses of the plaintiff and other parties,
there is water available to be beneficially appropriated by such
defendant so answering, the court shall fix the time and manner
and extent of such appropriation and the actual damages, if
any, resulting to the plaintiff or other parties on account of
the same, and in fixing such damages the court shall be guided
by Article 5 (commencing with Section 1263.410) of Chapter 9 of
Title 7 of Part 3, and if, upon the ascertainment and fixing of
such damages the defendant, within the time allowed in Section 1268.010
for the payment of damages in proceedings in eminent domain,
shall pay into court the amount of damages fixed and the costs
adjudged to be paid by such defendant, or give a good and sufficient
bond to pay the same upon the final settlement of the case, the
injunction prayed for by the plaintiff shall be denied to the extent
of the amount the defendant is permitted to appropriate, as aforesaid,
and the temporary injunction, if any has been granted, shall be
vacated to the extent aforesaid; provided, that any of the parties may
appeal from such judgment as in other cases; and provided, further,
that if such judgment is in favor of the defendant and if he upon and
pending such appeal shall keep on deposit with the clerk of said court
the amount of such damages and costs, or the bond, if it be given, so
awarded to be paid to the plaintiff or other parties in the event such
judgment shall be affirmed, no injunction against the appropriation of
the amount the defendant is permitted to appropriate as aforesaid
shall be granted or enforced pending such appeal, and, upon the
acceptance by the plaintiff or other parties of such amount so awarded
or upon the affirmation of such decision on appeal so that such
judgment shall become final, the defendant shall have the right to
divert and appropriate from such stream, against such plaintiff or
other parties and his successors in interest, the quantity of water
therein adjudged and allowed.  Upon the filing of such answer as is
herein provided for, the parties plaintiff or other parties and
defendant shall be entitled to a jury trial upon the issues as to
damages so raised, as provided in Title 7 (commencing with
Section 1230.010) of Part 3, applying to proceedings in eminent domain.

564.   (a) A receiver may be appointed, in the manner provided in
this chapter, by the court in which an action or proceeding is
pending in any case in which the court is empowered by law to
appoint a receiver.

(b)    In superior court a receiver may be appointed by the court
in which an action or proceeding is pending, or by a judge
thereof, in the following cases:

(1)    In an action by a vendor to vacate a fraudulent purchase
of property, or by a creditor to subject any property or fund
to the creditor's claim, or between partners or others jointly
owning or interested in any property or fund, on the
application of the plaintiff, or of any party whose right to
or interest in the  property or fund, or the proceeds thereof,
is probable, and where it is shown that the property or fund
is in danger of being lost, removed, or materially injured.

(2)    In an action by a secured lender for the foreclosure of
the deed of trust or mortgage and sale of the property upon
which there is a lien under a deed of trust or mortgage, where
it appears that the property is in danger of being lost,
removed, or materially injured, or that the condition of the
deed of trust or mortgage has not been performed, and that the
property is probably insufficient to discharge the deed of
trust or mortgage debt.

(3)    After judgment, to carry the judgment into effect.

(4)    After judgment, to dispose of the property according to
the judgment, or to preserve it during the pendency of an
appeal, or pursuant to Title 9 (commencing with
Section 680.010) (enforcement of judgments), or after sale of real
property pursuant to a decree of foreclosure, during the
redemption period, to collect, expend, and disburse rents as
directed by the court or otherwise provided by law.

(5)    In the cases when a corporation has been dissolved, or is
insolvent, or in imminent danger of insolvency, or has
forfeited its corporate rights.

(6)    In an action of unlawful detainer.

(7)    At the request of the Public Utilities Commission
pursuant to Section 855 of the Public Utilities Code.

(8)    In all other cases where receivers have heretofore been
appointed by the usages of courts of equity.

(c)    A receiver may be appointed, in the manner provided in this
chapter, including, but not limited to, Section 566, by the
superior court in an action brought by a secured lender to
enforce the rights provided in Section 2929.5 of the Civil Code,
to enable the secured lender to enter and inspect the real
property security for the purpose of determining the existence,
location, nature, and magnitude of any past or present release or
threatened release of any hazardous substance into, onto,
beneath, or from the real property security.  The secured lender
shall not abuse the right of entry and inspection or use it to
harass the borrower or tenant of the property.  Except in case of
an emergency, when the borrower or tenant of the property has
abandoned the premises, or if it is impracticable to do so, the
secured lender shall give the borrower or tenant of the property
reasonable notice of the secured lender's intent to enter and
shall enter only during the borrower's or tenant's normal
business hours.  Twenty-four hours' notice shall be presumed to
be reasonable notice in the absence of evidence to the contrary.

(d)    Any action by a secured lender to appoint a receiver
pursuant to this section shall not constitute an action within
the meaning of subdivision (a) of Section 726.

(e)    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)    "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.

(3)    "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 consisting of one acre or less which
contains 1 to 15 dwelling units.

(4)    "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.

(5)    "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.

565.   Upon the dissolution of any corporation, the Superior
Court of the county in which the corporation carries on its
business or has its principal place of business, on application of
any creditor of the corporation, or of any stockholder or member
thereof, may appoint one or more persons to be receivers or
trustees of the corporation, to take charge of the estate and
effects thereof, and to collect the debts and property due and
belonging to the corporation, and to pay the outstanding debts
thereof, and to divide the moneys and other property that shall
remain over among the stockholders or members.

566.   (a) No party, or attorney of a party, or person interested in
an action, or related to any judge of the court by consanguinity or
affinity within the third degree, can be appointed receiver therein
without the written consent of the parties, filed with the clerk.

(b) If a receiver is appointed upon an ex parte application, the
court, before making the order, must require from the applicant an
undertaking in an amount to be fixed by the court, to the effect
that the applicant will pay to the defendant all damages the
defendant may sustain by reason of the appointment of the receiver
and the entry by the receiver upon the duties, in case the
applicant shall have procured the appointment wrongfully,
maliciously, or without sufficient cause.

567.   Before entering upon the duties of a receiver:

(a)    The receiver must be sworn to perform the duties faithfully.

(b)    The receiver shall give an undertaking to the State of
California, in such sum as the court or judge may direct, to the
effect that the receiver will faithfully discharge the duties of
receiver in the action and obey the orders of the court therein.  The
receiver shall be allowed the cost of the undertaking.

568.   The receiver has, under the control of the Court, power to
bring and defend actions in his own name, as receiver; to take and
keep possession of the property, to receive rents, collect debts,
to compound for and compromise the same, to make transfers, and
generally to do such acts respecting the property as the Court may
authorize.

568.1. Any securities in the hands of a receiver may, under the
control of the court, be deposited by the receiver in a
securities depository, as defined in Section 30004 of the
Financial Code, which is licensed under Section 30200 of the
Financial Code or exempted from licensing thereunder by
Section 30005 or 30006 of the Financial Code, and such securities may be
held by such securities depository in the manner authorized by
Section 775 of the Financial Code.

568.5.  A receiver may, pursuant to an order of the court, sell real
or personal property in the receiver's possession upon the notice and
in the manner prescribed by Article 6 (commencing with Section 701.510)
of Chapter 3 of Division 2  of Title 9.  The sale is not
final until confirmed by the court.

569.   Funds in the hands of a receiver may be invested upon
interest, by order of the Court; but no such order can be made,
except upon the consent of all the parties to the action.

570.   A receiver having any funds in his hands belonging to a person
whose whereabouts are unknown to him, shall, before receiving his
discharge as such receiver, publish a notice, in one or more
newspapers published in the county, at least once a week for four
consecutive weeks, setting forth the name of the owner of any
unclaimed funds, the last known place of residence or post office
address of such owner and the amount of such unclaimed funds.  Any
funds remaining in his hands unclaimed for 30 days after the date
of the last publication of such notice, shall be reported to the
court, and upon order of the court, all such funds must be paid
into the State Treasury accompanied with a copy of the order, which
must set forth the facts required in the notice herein provided.
Such funds shall be deemed to have been received by the State under
Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of
this code and may be recovered in the manner prescribed therein.

All costs and expenses connected with such advertising shall be
paid out of the funds the whereabouts of whose owners are unknown.

571.   If a referee or commissioner is appointed by a court and the
duties of the referee or commissioner will, or are reasonably
anticipated to, involve the custody of personal property or the
receipt or disbursement of moneys, the order of appointment shall
provide that before entering upon the duties, the referee or
commissioner shall execute an undertaking to the State of
California, to the effect that the referee or commissioner will
faithfully discharge the duties of referee or commissioner, as the
case may be, and obey the orders of the court therein.  The order
of appointment shall specify the amount of the undertaking, but a
failure to so specify shall not invalidate the order.

572.   When it is admitted by the pleadings, or shown upon the
examination of a party to the action, that he or she has in his or
her possession, or under his or her control, any money or other
thing capable of delivery, which, being the subject of litigation,
is held by him or her as trustee for another party, or which
belongs or which is due to another party or which should, under the
circumstances of the case be held by the court pending final
disposition of the action, the court may order the same, upon
motion, to be deposited in court or delivered to such party, upon
those conditions that may be just, subject to the further direction
of the court.

573.   Whenever money is paid into or deposited in the court, the
same must be delivered to the clerk, or, if there be no clerk, to
the judge, in person, or to such of the clerk's deputies as shall
be specially authorized by his appointment in writing to receive
the same.  Such appointment must be filed with the county
treasurer, who must exhibit it, and give to each person applying
for the same a certified copy of the same.  It shall be in force
until a revocation in writing is filed with the county treasurer,
who must thereupon write "revoked," in ink, across the face of the
appointment.  The judge, clerk, or such deputy clerk, must, unless
otherwise directed by law, deposit such money with the county
treasurer, to be held by him subject to the order of the court.
The treasurer must keep each fund distinct, and open an account for
each.  For the safekeeping of the money deposited with him the
treasurer is liable on his official bond.

574.   Whenever, in the exercise of its authority, a court has
ordered the deposit or delivery of money, or other thing, and the
order is disobeyed, the court, beside punishing the disobedience,
may make an order requiring the sheriff, constable, or marshal to
take the money, or thing, and deposit or deliver it in conformity
with the direction of the court.

575.   The Judicial Council may promulgate rules governing pretrial
conferences, and the time, manner and nature thereof, in civil
cases at issue, or in one or more classes thereof, in the superior,
municipal, and justice courts.

575.1. (a) The presiding judge of each superior, municipal, and
justice court may prepare, with the assistance of appropriate
committees of the court, proposed local rules designed to
expedite and facilitate the business of the court.  The rules
need not be limited to those actions on the civil active list,
but may provide for the supervision and judicial management of
actions from the date they are filed.  Rules prepared pursuant to
this section shall be submitted for consideration to the judges
of the court and, upon approval by a majority of the judges, the
judges shall have the proposed rules published and submitted to
the local bar and others, as specified by the Judicial Council,
for consideration and recommendations.

(b)    After a majority of the judges have officially adopted
the rules, 61 copies or a greater number as specified by
Judicial Council rule, shall be filed with the Judicial
Council as required by Section 68071 of the Government Code.
The Judicial Council shall deposit a copy of each rule and
amendment with each county law library or county clerk where
it shall be made available for public examination.  The local
rules shall also be published for general distribution in
accordance with rules adopted by the Judicial Council.  Each
court shall make its local rules available for inspection and
copying in every location of the court that generally accepts
filing of papers.  The court may impose a reasonable charge
for copying the rules and may impose a reasonable page limit
on copying.  The rules shall be accompanied by a notice
indicating where a full set of the rules may be purchased.

(c)    If a judge of a court adopts a rule which applies solely
to cases in that judge's courtroom, or a particular branch or
district of a court adopts a rule that applies solely to cases
in that particular branch or district of a court, the court
shall publish these rules as part of the general publication
of rules required by the California Rules of Court.  The court
shall organize the rules so that rules on a common subject,
whether individual, branch, district, or courtwide appear
sequentially.  Individual judges' rules and branch and
district rules are local rules of court for purposes of this
section and for purposes of the adoption, publication,
comment, and filing requirements set forth in the Judicial
Council rules applicable to local court rules.

575.2. (a) Local rules promulgated pursuant to Section 575.1 may
provide that if any counsel, a party represented by counsel, or a
party if in pro se, fails to comply with any of the requirements
thereof, the court on motion of a party or on its own motion may
strike out all or any part of any pleading of that party, or,
dismiss the action or proceeding or any part thereof, or enter a
judgment by default against that party, or impose other penalties
of a lesser nature as otherwise provided by law, and may order that
party or his or her counsel to pay to the moving party the
reasonable expenses in making the motion, including reasonable
attorney fees.

(b) It is the intent of the Legislature that if a failure to comply
with these rules is the responsibility of counsel and not of the
party, any penalty shall be imposed on counsel and shall not adversely
affect the party's cause of action or defense thereto.

575.5. (a) The Judicial Council shall adopt a standard of judicial
administration governing the appearance of counsel by telephone at
any pretrial, trial setting, or arbitration determination
conference in a civil case.

(b) The standard of judicial administration shall provide that
counsel for a party may appear by telephone at such a conference
unless it is combined with a settlement conference or 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.

575.6. Notwithstanding Section 575.5, the superior court of each
county shall adopt a rule enabling the appearance of counsel by
telephone at trial setting conferences in civil cases.  A local
rule adopted pursuant to this section may require the personal
appearance of counsel at a civil trial setting conference for good
cause stated.

576.   Any judge, at any time before or after commencement of
trial, in the furtherance of justice, and upon such terms as may
be proper, may allow the amendment of any pleading or pretrial
conference order.

577.   A judgment is the final determination of the rights of the
parties in an action or proceeding.

577.5.  In any judgment, or execution upon such judgment, the
amount shall be computed and stated in dollars and cents,
rejecting fractions.

578.   Judgment may be given for or against one or more of several
plaintiffs, and for or against one or more of several defendants;
and it may, when the justice of the case requires it, determine
the ultimate rights of the parties on each side, as between
themselves.

579.   In an action against several defendants, the Court may, in
its discretion, render judgment against one or more of them,
leaving the action to proceed against the others, whenever a
several judgment is proper.

580.   The relief granted to the plaintiff, if there is no answer,
cannot exceed that which he or she shall have demanded in his or
her complaint or in the statement required by Section 425.11;
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.

580a.  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 such deed of
trust or mortgage, the plaintiff shall 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.
Upon the application of either party made at least 10 days before the
time of trial 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 property or the interest therein sold as of the time
of sale.  The referee shall file his or her appraisal with the clerk
and that appraisal shall be admissible in evidence.  The referee shall
take and subscribe an oath to be attached to the appraisal that he or
she has truly, honestly and impartially appraised the property to the
best of his or her knowledge and ability.  Any referee so appointed
may be called and examined as a witness by any party or by the court
itself.  The court must fix the compensation of the referee in an
amount as determined by the court to be reasonable, but those 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.  Before rendering any judgment the court
shall find the fair market value of the real property, or interest
therein sold, at the time of sale.  The court may render judgment for
not more than the amount by which the entire amount of the
indebtedness due at the time of sale exceeded the fair market value of
the real property or interest therein sold at the time of sale with
interest thereon from the date of the sale; provided, however, that in
no event shall the amount of the judgment, exclusive of interest after
the date of sale, exceed the difference between the amount for which
the property was sold and the entire amount of the indebtedness
secured by the deed of trust or mortgage.  Any such action must be
brought within three months of the time of sale under the deed of
trust or mortgage.  No judgment shall be rendered in any such action
until the real property or interest therein has first been sold
pursuant to the terms of the deed of trust or mortgage, unless the
real property or interest therein has become valueless.

580b.  No deficiency judgment shall lie in any event after a sale of
real property or an estate for years therein for failure of the
purchaser to complete his or her contract of sale, or under a deed of
trust or mortgage given to the vendor to secure payment of the balance
of the purchase price of that real property or estate for years
therein, or under a deed of trust or mortgage on a dwelling for not
more than four families given to a lender to secure repayment of a
loan which was in fact used to pay all or part of the purchase price
of that dwelling occupied, entirely or in part, by the purchaser.

Where both a chattel mortgage and a deed of trust or mortgage have
been given to secure payment of the balance of the combined purchase
price of both real and personal property, no deficiency judgment shall
lie at any time under any one thereof if no deficiency judgment would
lie under the deed of trust or mortgage on the real property or estate
for years therein.  580c.  In all cases where existing deeds of trust
or mortgages are judicially foreclosed, unless a different amount is
set up in the mortgage or deed of trust, and in all cases of mortgages
and deeds of trust executed after this act takes effect, the mortgagor
or trustor may be required to pay only such amount as trustee's or
attorney's fees for processing the judicial foreclosure as the court
may find reasonable and also the actual cost of publishing, recording,
mailing and posting notices, litigation guarantee, and litigation cost
of suit.

580d.  No judgment shall be rendered for any deficiency upon a note
secured by a deed of trust or mortgage upon real property or an estate
for years therein hereafter 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.

This section does not apply to any deed of trust, mortgage or other
lien given to secure the payment of bonds or other evidences of
indebtedness authorized or permitted to be issued by the Commissioner
of Corporations, or which is made by a public utility subject to the
Public Utilities Act (Part 1 (commencing with Section 201) of
Division 1 of the Public Utilities Code).

581.   (a) As used in this section:

(1)    "Action" means any civil action or special proceeding.

(2)    "Complaint" means a complaint and a cross-complaint.

(3)    "Court" means the court in which the action is pending.

(4)    "Defendant" includes a cross-defendant.

(5)    "Plaintiff" includes a cross-complainant.

(6)    "Trial."  A trial shall be deemed to actually commence at
the beginning of the opening statement or argument of any
party or his or her counsel, or 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.

(b) An action may be dismissed in any of the following instances:

(1)    With or without prejudice, upon written request of the
plaintiff to the clerk, filed with papers in the case, or by oral
or written request to the court at any time before the actual
commencement of trial, upon payment of the costs, if any.

(2)    With or without prejudice, by any party upon the written
consent of all other parties.

(3)    By the court, without prejudice, when no party appears for
trial following 30 days' notice of time and place of trial.

(4)    By the court, without prejudice, when dismissal is made
pursuant to the applicable provisions of Chapter 1.5 (commencing
with Section 583.110).

(5)    By the court, without prejudice, when either party fails to
appear on the trial and the other party appears and asks for
dismissal.

(c)    A plaintiff may dismiss his or her complaint, or any
cause of action asserted in it, in its entirety, or as to any
defendant or defendants, with or without prejudice prior to
the actual commencement of trial.

(d)    Except as otherwise provided in subdivision (e), the
court shall dismiss the complaint, or any cause of action
asserted in it, in its entirety or as to any defendant, with
prejudice, when upon the trial and before the final submission
of the case, the plaintiff abandons it.

(e)    After the actual commencement of trial, the court shall
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 without prejudice or
by order of the court dismissing the same without prejudice on
a showing of good cause.

(f)    The court may dismiss the complaint as to that defendant
when:

(1)    Except where Section 597 applies, after a demurrer to
the complaint is sustained without leave to amend and either
party moves for dismissal.

(2)    Except where Section 597 applies, after a demurrer to
the complaint is sustained with leave to amend, the
plaintiff fails to amend it within the time allowed by the
court and either party moves for dismissal.

(3)    After a motion to strike the whole of a complaint is
granted without leave to amend and either party moves for
dismissal.

(4)    After a motion to strike the whole of a complaint or
portion thereof is granted with leave to amend the plaintiff
fails to amend it within the time allowed by the court and
either party moves for dismissal.

(g)    The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made under
the applicable provisions of Chapter 1.5 (commencing with
Section 583.110).

(h)    The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made pursuant
to Section 418.10.

(i)    No dismissal of an action may be made or entered, or both,
under paragraph (1) of subdivision (b) where affirmative relief
has been sought by the cross-complaint of a defendant or if there
is a motion pending for an order transferring the action to
another court under the provisions of Section 396b.

(j)    No dismissal may be made or entered, or both, under
paragraph (1) or (2) of subdivision (b) except upon the written
consent of the attorney for the party or parties applying
therefor, or if consent of the attorney is not obtained, upon
order of dismissal by the court after notice to the attorney.

(k)    No action may be dismissed which has been determined to be a
class action under the provisions of this code unless and until
notice that the court deems adequate has been given and the court
orders the dismissal.

(l)    The court may dismiss, without prejudice, the complaint in
whole, or as to that defendant when either party fails to appear
at the trial and the other party appears and asks for the
dismissal.

(m)    The provisions of this section shall not be deemed to be an
exclusive enumeration of the court's power to dismiss an action
or dismiss a complaint as to a defendant.

581c.  (a) After the plaintiff has completed his or her opening
statement, or the presentation of his or her evidence in a trial by
jury, the defendant, without waiving his right to offer evidence in
the event the motion is not granted, may move for a judgment of
nonsuit.

(b)    If it appears that the evidence presented, or to be
presented, supports the granting of the motion as to some but not
all of the issues involved in the action, the court shall grant
the motion as to those issues and the action shall proceed as to
the issues remaining.  Despite the granting of the motion, no
final judgment shall be entered prior to the termination of the
action, but the final judgment in the action shall, in addition
to any matters determined in the trial, award judgment as
determined by the motion herein provided for.

(c)    If the motion is granted, unless the court in its order for
judgment otherwise specifies, the judgment of nonsuit operates as
an adjudication upon the merits.

(d)    In actions which arise out of an injury to the person or to
property, when a motion for judgment of nonsuit was granted on
the basis that the defendant was without fault, no other
defendant during trial, over plaintiff's objection, may attempt
to attribute fault to or comment on the absence or involvement of
the defendant who was granted the motion.  581d.  A written
dismissal of an action shall be entered in the clerk's register
and is effective for all purposes when so entered.

All dismissals ordered by the court shall be in the form of a written
order signed by the court and filed in the action and such orders when
so filed shall constitute judgments and be effective for all purposes,
and the clerk in superior, municipal, and justice courts shall note
such judgments in his register of actions in the case.

582.   In all other cases judgment shall be rendered on the merits.

583.110.  As used in this chapter, unless the provision or context
otherwise requires:

(a)    "Action" includes an action commenced by cross-complaint or
other pleading that asserts a cause of action or claim for
relief.

(b)    "Complaint" includes a cross-complaint or other initial
pleading.

(c)    "Court" means the court in which the action is pending.

(d)    "Defendant" includes a cross-defendant or other person
against whom an action is commenced.

(e)    "Plaintiff" includes a cross-complainant or other person by
whom an action is commenced.

(f)    "Service" includes return of summons.

583.120.  (a) This chapter applies to a civil action and does not
apply to a special proceeding except to the extent incorporated by
reference in the special  proceeding.

(b) Notwithstanding subdivision (a), the court may, by rule or
otherwise under inherent authority of the court, apply this chapter to
a special proceeding or part of a special proceeding except to the
extent such application would be inconsistent with the character of
the special proceeding or the statute governing the special
proceeding.

583.130.  It is the policy of the state that a plaintiff shall proceed
with reasonable diligence in the prosecution of an action but that all
parties shall cooperate in bringing the action to trial or other
disposition.  Except as otherwise provided by statute or by rule of
court adopted pursuant to statute, the policy favoring the right of
parties to make stipulations in their own interests and the policy
favoring trial or other disposition of an action on the merits are
generally to be preferred over the policy that requires dismissal for
failure to proceed with reasonable diligence in the prosecution of an
action in construing the provisions of this chapter.

583.140.  Nothing in this chapter abrogates or otherwise affects the
principles of waiver and estoppel.  583.150.  This chapter does not
limit or affect the authority of a court to dismiss an action or
impose other sanctions under a rule adopted by the court pursuant to
Section 575.1 or by the Judicial Council pursuant to statute, or
otherwise under inherent authority of the court.

583.160.    This chapter applies to a motion for dismissal made in an
action commenced before, on, or after the effective date of this
chapter, except that in the case of an action commenced before the
effective date of this chapter:

(a)    A motion for dismissal made pursuant to notice given before,
on, or within one year after the effective date of this chapter
is governed by the applicable law in effect immediately before
the effective date and for this purpose the law in effect
immediately before the effective date continues in effect.

(b)    This chapter does not affect an order dismissing an action
made before the effective date of this chapter.

583.161.    No petition filed pursuant to Section 2330 of the
Family Code shall be dismissed pursuant to this chapter if an order
for child support has been issued in connection with the proceeding
and the order has not been (1) terminated by the court or (2)
terminated by operation of law pursuant to Sections 3900, 3901, 4007,
and 4013 of the Family Code.  583.210.  (a) The summons and complaint
shall be served upon a defendant within three years after the action
is commenced against the defendant.  For the purpose of this
subdivision an action is commenced at the time the complaint is filed.

(b)    Return of summons or other proof of service shall be made
within 60 days after the time the summons and complaint must be
served upon a defendant.

583.220.  The time within which service must be made pursuant to this
article does not apply if the defendant enters into a stipulation in
writing or does another act that constitutes a general appearance in
the action.  For the purpose of this section none of the following
constitutes a general appearance in the action:

(a)    A stipulation pursuant to Section 583.230 extending the time
within which service must be made.

(b)    A motion to dismiss made pursuant to this chapter, whether
joined with a motion to quash service or a motion to set aside a
default judgment, or otherwise.

(c)    An extension of time to plead after a motion to dismiss made
pursuant to this chapter.

583.230.  The parties may extend the time within which service must be
made pursuant to this article by the following means:

(a)    By written stipulation.  The stipulation need not be filed
but, if it is not filed, the stipulation shall be brought to the
attention of the court if relevant to a motion for dismissal.

(b)    By oral agreement made in open court, if entered in the
minutes of the court or a transcript is made.

583.240.  In
computing the time within which service must be made pursuant to
this article, there shall be excluded the time during which any
of the following conditions existed:

(a)    The defendant was not amenable to the process of the
court.

(b)    The prosecution of the action or proceedings in the
action was stayed and  the stay affected service.

(c)    The validity of service was the subject of litigation by
the parties.

(d)    Service, for any other reason, was impossible,
impracticable, or futile due to causes beyond the plaintiff's
control.  Failure to discover relevant facts or evidence is
not a cause beyond the plaintiff's control for the purpose of
this subdivision.

583.250.  (a) If service is not made in an action within the time
prescribed in this article:

(1)    The action shall not be further prosecuted and no further
proceedings shall be held in the action.

(2)    The action shall be dismissed by the court on its own motion
or on motion of any person interested in the action, whether
named as a party or not, after notice to the parties.

(b) The requirements of this article are mandatory and are not subject
to extension, excuse, or exception except as expressly provided by
statute.

583.310.  An action shall be brought to trial within five years after
the action is commenced against the defendant.  

583.320.  (a) If a new trial is granted in the action the action
shall again be brought to trial within the following times:

(1)    If a trial is commenced but no judgment is entered because
of a mistrial or because a jury is unable to reach a decision,
within three years after the order of the court declaring the
mistrial or the disagreement of the jury is entered.

(2)    If after judgment a new trial is granted and no appeal is
taken, within three years after the order granting the new trial
is entered.

(3)    If on appeal an order granting a new trial is affirmed or a
judgment is reversed and the action remanded for a new trial,
within three years after the remittitur is filed by the clerk of
the trial court.

(b) Nothing in this section requires that an action again be brought
to trial before expiration of the time prescribed in Section 583.310.

583.330.  The parties may extend the time within which an action must
be brought to trial pursuant to this article by the following means:

(a)    By written stipulation.  The stipulation need not be filed
but, if it is not filed, the stipulation shall be brought to the
attention of the court if relevant to a motion for dismissal.

(b)    By oral agreement made in open court, if entered in the
minutes of the court or a transcript is made.  583.340.  In
computing the time within which an action must be brought to
trial pursuant to this article, there shall be excluded the time
during which any of the following conditions existed:

(a)    The jurisdiction of the court to try the action was
suspended.

(b)    Prosecution or trial of the action was stayed or
enjoined.

(c)    Bringing the action to trial, for any other reason, was
impossible, impracticable, or futile.

583.350.  If the time within which an action must be brought to trial
pursuant to this article is tolled or otherwise extended pursuant to
statute with the result that at the end of the period of tolling or
extension less than six months  remains within which the action must
be brought to trial, the action shall not be dismissed pursuant to
this article if the action is brought to trial within six months after
the end of the period of tolling or extension.

583.360.  (a) An action shall be dismissed by the court on its own
motion or on motion of the defendant, after notice to the parties, if
the action is not brought to trial within the time prescribed in this
article.

(b) The requirements of this article are mandatory and are not subject
to extension, excuse, or exception except as expressly provided by
statute.

583.410.  (a) The court may in its discretion dismiss an action for
delay in prosecution pursuant to this article on its own motion or on
motion of the defendant if to do so appears to the court appropriate
under the circumstances of the case.

(b) Dismissal shall be pursuant to the procedure and in accordance
with the criteria prescribed by rules adopted by the Judicial Council.

583.420.  (a) The court may not dismiss an action pursuant to this
article for delay in prosecution except after one of the following
conditions has occurred:

(1)    Service is not made within two years after the action is
commenced against the defendant.

(2)    The action is not brought to trial within the following
times:

(A)    Three years after the action is commenced against the
defendant unless otherwise prescribed by rule under
subparagraph (B).

(B)    Two years after the action is commenced against the
defendant if the Judicial Council by rule adopted pursuant to
Section 583.410 so prescribes for the court because of the
condition of the court calendar or for other reasons affecting
the conduct of litigation or the administration of justice.

(3)    A new trial is granted and the action is not again brought
to trial within the following times:

(A)    If a trial is commenced but no judgment is entered
because of a mistrial or because a jury is unable to reach a
decision, within two years after the order of the court
declaring the mistrial or the disagreement of the jury is
entered.

(B)    If after judgment a new trial is granted and no appeal is
taken, within two years after the order granting the new trial
is entered.

(C)    If on appeal an order granting a new trial is affirmed or
a judgment is reversed and the action remanded for a new
trial, within two years after the remittitur is filed by the
clerk of the trial court.

(b) The times provided in subdivision (a) shall be computed in the
manner provided for computation of the comparable times under
Articles 2 (commencing with Section 583.210) and 3 (commencing
with Section 583.310).

583.430.  (a) In a proceeding for dismissal of an action pursuant to
this article for delay in prosecution the court in its discretion may
require as a condition of granting or denial of dismissal that the
parties comply with such terms as appear to the court proper to
effectuate substantial justice.

(b) The court may make any order necessary to effectuate the authority
provided in this section, including, but not limited to, provisional
and conditional orders.

585.   Judgment may be had, if the defendant fails to answer the
complaint, as follows:

(a)    In an action arising upon contract or judgment for the
recovery of money or damages only, if the defendant has, or if
more than one defendant, if any of the defendants have, been
served, other than by publication, and no answer, demurrer,
notice of motion to strike (of the character hereinafter
specified), notice of motion to transfer pursuant to Section 396b,
notice of motion to dismiss pursuant to Article 2 (commencing
with Section 583.210) of Chapter 1.5 of Title 8,
notice of motion to quash service of summons or to stay or
dismiss the action pursuant to Section 418.10, or notice of the
filing of a petition for writ of mandate as provided in Section 418.10
has been filed with the clerk or judge of the court within
the time specified in the summons, or such further time as may be
allowed, the clerk, or the judge if there is no clerk, upon
written application of the plaintiff, and proof of the service of
summons, shall enter the default of the defendant or defendants,
so served, and immediately thereafter enter judgment for the
principal amount demanded in the complaint or the statement
required by Section 425.11, or a lesser amount if credit has been
acknowledged, together with interest allowed by law or in
accordance with the terms of the contract, and the costs against
the defendant, or defendants, or against one or more of the
defendants.  If, by rule of court, a schedule of attorneys' fees
to be allowed has been adopted, the clerk may include in the
judgment attorneys' fees in accordance with such schedule (1) if
the contract provides that attorneys' fees shall be allowed in
the event of an action thereon, or (2) if the action is one in
which the plaintiff is entitled by statute to recover attorneys'
fees in addition to money or damages.  The plaintiff shall file a
written request at the time of application for entry of the
default of the defendant or defendants, to have attorneys' fees
fixed by the court, whereupon, after the entry of the default,
the court shall hear the application for determination of the
attorneys' fees and shall render judgment for such fees and for
the other relief demanded in the complaint or the statement
required by Section 425.11, or a lesser amount if credit has been
acknowledged, and the costs against the defendant, or defendants,
or against one or more of the defendants.

(b)    In other actions, if the defendant has been served, other
than by publication, and no answer, demurrer, notice of motion to
strike (of the character hereinafter specified), notice of motion
to transfer pursuant to Section 396b, notice of motion to dismiss
pursuant to Article 2 (commencing with Section 583.210) of
Chapter 1.5 of Title 8, notice of motion to quash service of
summons or to stay or dismiss the action pursuant to Section 418.10
or notice of the filing of a petition for writ of mandate
as provided in Section 418.10 has been filed with the clerk or
judge of the court within the time specified in the summons, or
such further time as may be allowed, the clerk, or the judge if
there is no clerk, upon written application of the plaintiff,
shall enter the default of the defendant.  The plaintiff
thereafter may apply to the court for the relief demanded in the
complaint; the court shall hear the evidence offered by the
plaintiff, and shall render judgment in his or her favor for such
sum (not exceeding the amount stated in the complaint or in the
statement required by Section 425.11), as appears by such
evidence to be just.  If the taking of an account, or the proof
of  any fact, is necessary to enable the court to give judgment
or to carry the judgment into effect, the court may take the
account or hear the proof, or may, in its discretion, order a
reference for that purpose.  If the action is for the recovery of
damages, in whole or in part, the court may order the damages to
be assessed by a jury; or if, to determine the amount of damages,
the examination of a long account is involved by a reference as
above provided.

(c)    In all actions where the service of the summons was by
publication, upon the expiration of the time for answering, and
upon proof of the publication and that no answer, demurrer,
notice of motion to strike (of the character hereinafter
specified), notice of motion to transfer pursuant to Section 396b,
notice of motion to dismiss pursuant to Article 2 (commencing
with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to
quash service of summons or to stay or dismiss the action pursuant to
Section 418.10, or notice of the filing of a petition for writ of
mandate as provided in Section 418.10 has been filed, the clerk, or
the judge if there is no clerk, upon written application of the
plaintiff, shall enter the default of the defendant.  The plaintiff
thereafter may apply to the court for the relief demanded in the
complaint; and the court shall hear the evidence offered by the
plaintiff, and shall render judgment in his or her favor for such sum
(not exceeding the amount stated in the complaint or in the statement
required by Section 425.11), as appears by such evidence to be just.
If the defendant is not a resident of the state, shall require the
plaintiff, or his or her agent, to be examined, on oath, respecting
any payments that have been made to the plaintiff, or to anyone for
his or her use, on account of any demand mentioned in the complaint or
the statement required by Section 425.11, and may render judgment for
the amount which he or she is entitled to recover.  In all cases
affecting the title to or possession of real property, where the
service of the summons was by publication and the defendant has failed
to answer, no judgment shall be rendered upon  proof of mere
occupancy, unless such occupancy shall have continued for the time and
shall have been of the character necessary to confer title by
prescription.  In all cases where the plaintiff bases his or her claim
upon a paper title, the court shall require evidence establishing
plaintiff's equitable right to judgment before rendering judgment.  In
actions involving only the possession of real property where the
complaint is verified and shows by proper allegations that no party to
the action claims title to the real property involved, either by
prescription, accession, transfer, will, or succession, but only the
possession thereof, the court may render judgment upon proof of
occupancy by plaintiff and ouster by defendant.

(d)    In the cases referred to in subdivisions (b) and c, or upon
an application to have attorneys' fees fixed by the court
pursuant to subdivision (a), the court in its discretion may
permit the use of affidavits, in lieu of personal testimony, as
to all or any part of the evidence or proof required or permitted
to be offered, received, or heard in such cases.  The facts
stated in such affidavit or affidavits shall be within the
personal knowledge of the affiant and shall be set forth with
particularity, and each affidavit shall show affirmatively that
the affiant, if sworn as a witness, can testify competently
thereto.

(e)    If a defendant files a cross-complaint against another
defendant or the plaintiff, a default may be entered against that
party on that cross-complaint if the plaintiff or that cross-
defendant has been served with that cross-complaint and he or she
has failed to file an answer, demurrer, notice of motion to
strike  of the character specified in subdivision (f), notice of
motion to transfer pursuant to Section 396b, notice of motion to
dismiss pursuant to Article 2 (commencing with Section 583.210)
of Chapter 1.5 of Title 8, notice of motion to quash service of
summons or to stay or dismiss the action pursuant to Section 418.10,
or notice of the filing of a petition for a writ of
mandate as provided in Section 418.10 within the time specified
in the summons, or such other time as may be allowed.  However,
no judgment may separately be entered on that cross-complaint
unless a separate judgment may, in fact, be properly awarded on
that cross-complaint and the court finds that a separate judgment
on that cross-complaint would not substantially delay the final
disposition of the action between the parties.

(f)    A notice of motion to strike within the meaning of this
section is a notice of motion to strike the whole or any part of
a pleading filed within the time which the moving party is
required otherwise to plead to such pleading.  The notice of
motion to strike shall specify a hearing date set in accordance
with Section 1005.  The filing of a notice of motion does not
extend the time within which to demur.

585.5.  (a) Every application to enter default under subdivision (a)
of Section 585 shall include, or be accompanied by, an affidavit
stating facts showing that the action is or is not subject to
Section 1812.10 or 2984.4 of the Civil Code or subdivision (b) of Section 395.

(b)    When a default or default judgment has been entered without
full compliance with Section 1812.10 or 2984.4 of the Civil Code,
or subdivision (b) of Section 395, the defendant may serve and
file a notice of motion to set aside the default or default
judgment and for leave to defend the action in the proper court.

The notice of motion shall be served and filed within 60 days
after the defendant first receives notice of levy under a writ of
execution, or notice of any other procedure for enforcing, the
default judgment.

(c)    A notice of motion to set aside a default or default
judgment and for leave to defend the action in the proper court
shall designate as the time for making the motion a date
prescribed by subdivision (b) of Section 1005, and it shall be
accompanied by an affidavit showing under oath that the action
was not commenced in the proper court according to
Section 1812.10 or 2984.4 of the Civil Code or subdivision (b) of 
Section 395.  The party shall serve and file with the notice a copy of
the answer, motion, or other pleading proposed to be filed in the
action.

(d)    Upon a finding by the court that the motion was made within
the period permitted by subdivision (b) and that the action was
not commenced in the proper court, it shall set aside the default
or default judgment on such terms as may be just and shall allow
such a party to defend the action in the proper court.

(e)    Unless the plaintiff can show that the plaintiff used
reasonable diligence to avoid filing the action in the improper
court, upon a finding that the action was commenced in the
improper court the court shall award the defendant actual damages
and costs, including reasonable attorney's fees.

586.   (a) In the following cases the same proceedings shall be had,
and judgment shall be rendered in the same manner, as if the
defendant had failed to answer:

(1)    If the complaint has been amended, and the defendant fails
to answer it, as amended, or demur thereto, or file a notice of
motion to strike, of the character specified in Section 585,
within 30 days after service thereof or within the time allowed
by the court.

(2)    If the demurrer to the complaint is overruled and a motion
to strike, of the character specified in Section 585, is denied,
or where only one thereof is filed, if the demurrer is overruled
or the motion to strike is denied, and the defendant fails to
answer the complaint within the time allowed by the court.

(3)    If a motion to strike, of the character specified in
Section 585, is granted in whole or in part, and the defendant fails
to answer the unstricken portion of the complaint within the time
allowed by the court, no demurrer having been sustained or being then
pending.

(4)    If a motion to quash service of summons or to stay or
dismiss, the action has been filed or writ of mandate sought and
notice thereof given, as provided in Section 418.10, and upon
denial of such motion or writ, defendant fails to respond to the
complaint, within the time provided in such section or as
otherwise provided by law.

(5)    If the demurrer to the answer is sustained and the defendant
fails to amend the answer within the time allowed by the court.

(6)    (A) If a motion to transfer pursuant to Section 396b is
denied and the defendant fails to respond to the complaint within
the time allowed by the court pursuant to subdivision (e) of
Section 396b or within the time provided in subparagraph c.

(B)    If a motion to transfer pursuant to Section 396b is
granted and the defendant fails to respond to the complaint
within 30 days of the mailing of notice of the filing and case
number by the clerk of the court to which the action or
proceeding is transferred or within the time provided in
subparagraph c.

(C)    If the order granting or denying a motion to transfer
pursuant to Section 396a or 396b is the subject of an appeal
pursuant to Section 904.2 or 904.3 in which a stay is granted
or of a mandate proceeding pursuant to Section 400, the court
having jurisdiction over the trial, upon application or on its
own motion after such appeal or mandate proceeding becomes
final or upon earlier termination of a stay, shall allow the
defendant a reasonable time to respond to the complaint.

Notice of the order allowing the defendant further time to
respond to the complaint shall be promptly served by the party
who obtained such order or by the clerk if the order is made
on the court's own motion.

(7)    If a motion to strike the answer in whole, of the character
specified in Section 585, is granted without leave to amend, or
if a motion to strike the answer in whole or in part, of the
character specified in Section 585, is granted with leave to
amend and  the defendant fails to amend the answer within the
time allowed by the court.

(b) For the purposes of this section, "respond" means to answer, to
demur, or to move to strike.

587.   An application by a plaintiff for entry of default under
subdivision (a) or (b) of Section 585 or Section 586 or an
application for judgment under subdivision c of Section 585 shall
include an affidavit stating that a copy of the application has
been mailed to the defendant's attorney of record or, if none, to
the defendant at his or her last known address and the date on
which the copy was mailed.  If no such address of the defendant is
known to the plaintiff or plaintiff' s attorney the affidavit shall
state that fact.

No application for judgment under subdivision c of Section 585
shall be heard, and no default under subdivision (a) or (b) of
Section 585 or Section 586 shall be entered, unless the affidavit
is filed.  The nonreceipt of the notice shall not invalidate or
constitute ground for setting aside any judgment.

587.5.  As used in this chapter, unless the context otherwise specifically
requires, the following terms apply:

(a)    "Complaint" includes a cross-complaint.

(b)    "Defendant" includes a cross-defendant.

(c)    "Plaintiff" includes a cross-complainant.

588.   Issues arise upon the pleadings when a fact or a conclusion of
law is maintained by the one party and is controverted by the
other.  They are of two kinds:

_1. Of law; and,

_2. Of fact.

589.   An issue of law arises:

(a)    Upon a demurrer to the complaint, cross-complaint, or
answer, or to some part thereof.

(b)    Upon a motion to strike made pursuant to
Section 435, 436, or 473.

590.   An issue of fact arises:

_1.Upon a material allegation in the complaint controverted by the
answer; and,

_2.Upon new matters in the answer, except an issue of law is joined
thereon.

591.   An issue of law must be tried by the court, unless it is
referred upon consent; provided, however, that failure on the part
of any person filing any demurrer to prosecute the same may be
construed as a waiver of such demurrer, except as otherwise
provided in Section 430.80 of this code.

592.   Section Five Hundred and Ninety-two.  In actions for the
recovery of specific, real, or personal property, with or without
damages, or for money claimed as due upon contract, or as damages
for breach of contract, or for injuries, an issue of fact must be
tried by a jury, unless a jury trial is waived, or a reference is
ordered, as provided in this Code.  Where in these cases there are
issues both of law and fact, the issue of law must be first
disposed of.  In other cases, issues of fact must be tried by the
Court, subject to its power to order any such issue to be tried by
a jury, or to be referred to a referee, as provided in this Code.

594.   (a) In superior, municipal, and justice courts either party
may bring an issue to trial or to a hearing, and, in the absence of
the adverse party, unless the court, for good cause, otherwise
directs, may proceed with his case and take a dismissal of the
action, or a verdict, or judgment, as the case may require;
provided, however, if the issue to be tried is an issue of fact,
proof shall first be made to the satisfaction of the court that the
adverse party has had 15 days' notice of such trial or five days'
notice of such trial in an unlawful detainer action as specified in
subdivision (b).  If the adverse party has served notice of trial
upon the party seeking the dismissal, verdict, or judgment at least
five days prior to the trial, the adverse party shall be deemed to
have had such notice.

(b)    The notice to the adverse party required by subdivision (a)
shall be served by mail on all the parties by the clerk of the
court not less than 20 days prior to the date set for trial.

In an unlawful detainer action where notice is served by mail such
service shall be mailed not less than 10 days prior to the date set
for trial.  If notice is not served by the clerk as required by
this subdivision, it may be served by mail by any party on the
adverse party not less than 15 days prior to the date set for
trial, and in an unlawful detainer action where notice is served by
mail such service shall be mailed not less than 10 days prior to
the date set for trial.  The time provisions of Section 1013 shall
not serve to extend the notice of trial requirements under this
subdivision for unlawful detainer actions.  If notice is served by
the clerk, proof thereof may be made by introduction into evidence
of the clerk's certificate pursuant to subdivision (3) of Section 1013a
or other competent evidence.  If notice is served by a party,
proof may be made by introduction into evidence of an affidavit or
certificate pursuant to subdivision (1) or (2) of Section 1013a or
other competent evidence.  The provisions of this subdivision are
exclusive.

594a.  The court may, of its own motion, postpone the trial, if at the
time fixed for the trial the court is engaged in the trial of another
action; or if, as provided in section 473 of this code, an amendment
of the pleadings, or the allowance of time to make such amendment, or
to plead, renders a postponement necessary.

595.   The trial of any civil action, or proceeding in a court, or
of any administrative proceeding before a state board or
commission or officer, irrespective of the date of the filing
thereof or when it became at issue, or the hearing of any motion,
demurrer, or other proceeding, shall be postponed to a date
certain when it appears to the court, board, commission, or
officer before which such action  or proceeding is pending that
either a party thereto, or any attorney of record therein
(whether he became an attorney of record before or after the
commencement of a legislative session or before or after his
appointment to a legislative committee), or a principal witness,
is a Member of the Legislature of this state and that the
Legislature is in session or in recess (not exceeding a recess of
forty (40) days) or that a legislative interim committee of which
he is a duly appointed member is meeting, or is to meet within a
period which the court 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 such action or proceeding shall not, without the
consent of the attorney of record therein, be brought on for
trial or hearing before the expiration of thirty (30) days next
following final adjournment of the Legislature or the
commencement of a recess of more than forty (40) days.  If a date
is available during recess, continuance shall be given if
possible to such earlier date.  When a legislative committee is
meeting or is to meet within a period which the court finds does
not exceed the time reasonably necessary to enable the member to
reach the committee meeting by the ordinary mode of travel, such
action or proceeding shall not, without the consent of the
attorney of record therein, be brought on for trial or hearing
before the expiration of such period necessary following the
adjournment or recess of the committee meeting as the court finds
is reasonably necessary to enable the member to reach the place
of trial or hearing by the ordinary mode of travel from the place
of the committee meeting, unless at the expiration of that period
the Legislature is to be in session; and in that case the action
or proceeding shall not, without such consent, be brought on for
trial or hearing before the expiration of thirty (30) days next
following final adjournment or the commencement of a recess of
more than forty (40) days.  If a date is available during the
recess, continuance shall be given to such earlier date.

However, any postponement granted under the provisions of this
paragraph 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 said
postponement.

Granting of a continuance pursuant to this section is mandatory
unless the court determines that such continuance 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.

595.1. The term "proceeding in a court" as it is used in Section 595
shall include any discovery proceeding, pretrial
conference, deposition, interrogatory, or any other proceeding
arising out of a pending civil action.

The enactment of this section at the 1965 Regular Session of
the Legislature does not constitute a change in, but is
declaratory of, the preexisting law.

595.2. In all cases, the court shall postpone a trial, or the
hearing of any motion or demurrer, for a period not to exceed
thirty (30) days, when all attorneys of record of parties who
have appeared in the action agree in writing to such
postponement.

595.3. In actions involving the title to mining claims, or
involving trespass for damage upon mining claims, if it be
made to appear to the satisfaction of the court that, in order
that justice may be done and the action fairly tried on its
merits, it is necessary that further developments should be
made, underground or upon the surface of the mining claims
involved in such action, the court shall grant the
postponement of the trial of the action, giving the party a
reasonable time in which to prepare for trial and to do said
development work.

595.4. A motion to postpone a trial on the ground of the absence
of evidence can only be made upon affidavit showing the
materiality of the evidence expected to be obtained, and that
due diligence has been used to procure it.  The court may
require the moving party, where application is made on account
of the absence of a material witness, to state upon affidavit
the evidence which he expects to obtain; and if the adverse
party thereupon admits that such evidence would be given, and
that it be considered as actually given on the trial, or
offered and overruled as improper, the trial must not be
postponed.

596.   The party obtaining a postponement of a trial, if required
by the adverse party, must consent that the testimony of any
witness of such adverse party, who is in attendance, be then
taken by deposition before a judge or clerk of the court in which
the case is pending, or before such notary public as the court
may indicate, which must accordingly be done; and the testimony
so taken may be read on the trial, with the same effect, and
subject to the same objections, as if the witnesses were
produced.

597.   When the answer pleads that the action is barred by the
statute of limitations, or by a prior judgment, or that another
action is pending upon the same cause of action, or sets up any
other defense not involving the merits of the plaintiff's cause
of action but constituting a bar or ground of abatement to the
prosecution thereof, the court may, either upon its own motion or
upon the motion of any party, proceed to the trial of the special
defense or defenses before the trial of any other issue in the
case, and if the decision of the court, or the verdict of the
jury, upon any special defense so tried (other than the defense
of another action pending) is in favor of the defendant pleading
the same, judgment for the defendant shall thereupon be entered
and no trial of other issues in the action shall be had unless
that judgment shall be reversed on appeal or otherwise set aside
or vacated; and where the defense of another action pending or  a
demurrer based upon subdivision c of Section 430.10 is
sustained (and no other special defense is sustained) an
interlocutory judgment shall be entered in favor of the defendant
pleading the same to the effect that no trial of other issues shall be
had until the final determination of that other action, and the
plaintiff may appeal from the interlocutory judgment in the same
manner and within the same time as is now or may be hereafter provided
by law for appeals from judgments.  If the decision of the court, or
the verdict of the jury, upon the special defense or defenses so tried
is in favor of the plaintiff, trial of the other issues shall
thereafter be had either upon the court's own motion or upon the
motion of any party, and judgment shall be entered thereon in the same
manner and with the same effect as if all the issues in the case had
been tried at one time.  In such an event any and all decisions or
verdicts upon the special defense or defenses, and all rulings on the
trial thereof shall be deemed excepted to and may be reviewed on
motion for a new trial or upon appeal from the judgment.

This section also applies to the trial of special defenses pleaded in
an answer to a cross-complaint or a demurrer based upon subdivision c
of Section 430.10, and if the decision of the court or the verdict of
the jury upon the special defense or defenses is in favor of the cross-
defendant, no further trial shall be had upon the issues raised by the
cross-complaint, but trial of the other issues in the action shall
thereafter be had either upon the court's own motion or upon the
motion of any party, and after the trial thereof the judgment shall be
entered in the action as is justified by the decision or verdict on
such other issues, considered in connection with the decision or
verdict upon the trial of such an affirmative defense raised in the
answer to the cross-complaint.

597.5. In an action against a physician or surgeon, dentist,
registered nurse, dispensing optician, optometrist, registered
physical therapist, podiatrist, licensed psychologist,
osteopathic physician and surgeon, chiropractor, clinical
laboratory bioanalyst, clinical laboratory technologist,
veterinarian, or a licensed hospital as the employer of any
such person, based upon the person's alleged professional
negligence, or for rendering professional services without
consent, or for error or omission in the person's practice, if
the answer pleads that the action is barred by the statute of
limitations, and if any party so moves or the court upon its
own motion requires, the issues raised thereby must be tried
separately and before any other issues in the case are tried.
If the issue raised by the statute of limitations is finally
determined in favor of the plaintiff, the remaining issues
shall then be tried.

598.   The court may, when the convenience of witnesses, the ends
of justice, or the economy and efficiency of handling the
litigation would be promoted thereby, on motion of a party, after
notice and hearing, make an order, no later than the close of
pretrial conference in cases in which such pretrial conference is
to be held, or, in other cases, no later than 30 days before the
trial date, that the trial of any issue or any part thereof shall
precede the trial of any other issue or any part thereof in the
case, except for special defenses which may be tried first
pursuant to Sections 597 and 597.5.  The court, on its own
motion, may make such an order at any time.  Where trial of the
issue of liability as to all causes of action precedes the trial
of other issues or parts thereof, and the decision of the court,
or the verdict of the jury upon such issue so tried is in favor
of any party on whom liability is sought to be imposed, judgment
in favor of such party shall thereupon be entered and no trial of
other issues in the action as against such party shall be had
unless such judgment shall be reversed upon appeal or otherwise
set aside or vacated.

If the decision of the court, or the verdict of the jury upon the
issue of liability so tried shall be against any party on whom
liability is sought to be imposed, or if the decision of the
court or the verdict of the jury upon any other issue or part
thereof so tried does not result in a judgment being entered
pursuant to this chapter, then the trial of the other issues or
parts thereof shall thereafter be had at such time, and if a jury
trial, before the same or another jury, as ordered by the court
either upon its own motion or upon the motion of any party, and
judgment shall be entered in the same manner and with the same
effect as if all the issues in the case had been tried at one
time.

607.   When the jury has been sworn, the trial must proceed in the
following order, unless the court, for special reasons otherwise
directs:

_1.The plaintiff may state the issue and his case;

_2.The defendant may then state his defense, if he so wishes, or
wait until after plaintiff has produced his evidence;

_3.The plaintiff must then produce the evidence on his part;

_4.The defendant may then open his defense, if he has not done so
previously;

_5.The defendant may then produce the evidence on his part;

_6.The parties may then respectively offer rebutting evidence
only, unless the court, for good reason, in furtherance of
justice, permit them to offer evidence upon their original
case;

_7.When the evidence is concluded, unless the case is submitted
to the jury on either side or on both sides without argument,
the plaintiff must commence and may conclude the argument;

_8.If several defendants having separate defenses, appear by
different counsel, the court must determine their relative
order in the evidence and argument;

_9.The court may then charge the jury.

607a.  In every case which is being tried before the court with a
jury, it shall be the duty of counsel for the respective parties,
before the first witness is sworn, to deliver to the judge presiding
at the trial and serve upon opposing counsel, all proposed
instructions to the jury covering the law as disclosed by the
pleadings.  Thereafter, and before the commencement of the argument,
counsel may deliver to such judge, and serve upon opposing counsel,
additional proposed instructions to the jury upon questions of law
developed by the evidence and not disclosed by the pleadings.  All
proposed instructions shall be typewritten, each on a separate sheet
of paper.  Before the commencement of the argument, the court, on
request of counsel, must: (1)  decide whether to give, refuse, or
modify the proposed instructions; (2)  decide which instructions shall
be given in addition to those proposed, if any; and (3) advise counsel
of all instructions to be given.  However, if, during the argument,
issues are raised which have not been covered by instructions given or
refused, the court may, on request of counsel, give additional
instructions on the subject matter thereof.

608.   In charging the jury the Court may state to them all matters
of law which it thinks necessary for their information in giving
their verdict; and, if it state the testimony of the case, it must
inform the jury that they are the exclusive judges of all questions
of fact.  The Court must furnish to either party, at the time, upon
request, a statement in writing of the points of law contained in
the charge, or sign, at the time, a statement of such points
prepared and submitted by the counsel of either party.

609.   Where either party asks special instructions to be given to
the jury, the Court must either give such instruction, as
requested, or refuse to do so, or give the instruction with a
modification, in such manner that it may distinctly appear what
instructions were given in whole or in part.

611.   If the jury are permitted to separate, either during the trial
or after the case is submitted to them, they shall be admonished by
the Court that it is their duty not to converse with, or suffer
themselves to be addressed by any other person, on any subject of
the trial, and that it is their duty not to form or express an
opinion thereon until the case is finally submitted to them.

612.   Upon retiring for deliberation the jury may take with them all
papers which have been received as evidence in the cause, except
depositions, or copies of such papers as ought not, in the opinion
of the court, to be taken from the person having them in
possession; and they may also take with them any exhibits which the
court may deem proper, notes of the testimony or other proceedings
on the trial, taken by themselves or any of them, but none taken by
any other person.

612.5. Upon the jury retiring for deliberation, the court shall
advise the jury of the availability of a written copy of the jury
instructions.  The court may, at its discretion, provide the jury
with a copy of the written instructions given.  However, if the
jury requests the court to supply a copy of the written
instructions, the court shall supply the jury with a copy.

613.   When the case is finally submitted to the jury, they may
decide in Court or retire for deliberation; if they retire, they
must be kept together, in some convenient place, under charge of an
officer, until at least three-fourths of them agree upon a verdict
or are discharged by the Court.  Unless by order of the Court, the
officer having them under his charge must not suffer any
communication to be made to them, or make any himself, except to
ask them if they or three-fourths of them are agreed upon a
verdict, and he must not, before their verdict is rendered,
communicate to any person the state of their deliberations, or the
verdict agreed upon.

614.   After the jury have retired for deliberation, if there be a
disagreement between them as to any part of the testimony, or if
they desire to be informed of any point of law arising in the
cause, they may require the officer to conduct them into Court.
Upon their being brought into Court, the information required must
be given in the presence of, or after notice to, the parties or
counsel.

614.5. Except for good cause shown, the judge in his or her
discretion need not be present in the court while testimony
previously received in evidence is read to the jury.

616.   In all cases where the jury are discharged without having
rendered a verdict, or are prevented from giving a verdict, by
reason of accident or other cause, during the progress of the
trial, or after the cause is submitted to them, except as provided
in Section 630, the action may be again tried immediately, or at a
future time, as the court may direct.

617.   While the jury are absent the Court may adjourn from time to
time, in respect to other business; but it is nevertheless open for
every purpose connected with the cause submitted to the jury, until
a verdict is rendered or the jury discharged.  The Court may direct
the jury to bring in a sealed verdict, at the opening of the Court,
in case of an agreement during a recess or adjournment for the day.

618.   When the jury, or three-fourths of them, have agreed upon a
verdict, they must be conducted into court and the verdict rendered
by their foreman.  The verdict must be in writing, signed by the
foreman, and must be read to the jury by the clerk, or by the
court, if there be no clerk, and the inquiry made whether it is
their verdict.  Either party may require the jury to be polled,
which is done by the court or clerk, asking each juror if it is his
verdict.  If upon such inquiry or polling, more than one-fourth of
the jurors disagree thereto, the jury must be sent out again, but
if no such disagreement be expressed, the verdict is complete and
the jury discharged from the case.

619.   When the verdict is announced, if it is informal or
insufficient, in not covering the issue submitted, it may be
corrected by the jury under the advice of the Court, or the jury
may be again sent out.

624.   The verdict of a jury is either general or special.  A
general verdict is that by which they pronounce generally upon
all or any of the issues, either in favor of the plaintiff or
defendant; a special verdict is that by which the jury find the
facts only, leaving the judgment to the Court. The special
verdict must present the conclusions of fact as established by
the evidence, and not the evidence to prove them; and those
conclusions of fact must be so presented as that nothing shall
remain to the Court but to draw from them conclusions of law.

625.   In all cases the court may direct the jury to find a special
verdict in writing, upon all, or any of the issues, and in all
cases may instruct them, if they render a general verdict, to
find upon particular questions of fact, to be stated in writing,
and may direct a written finding thereon.  In all cases in which
the issue of punitive damages is presented to the jury the court
shall direct the jury to find a special verdict in writing
separating punitive damages from compensatory damages.  The
special verdict or finding must be filed with the clerk and
entered upon the minutes.  Where a special finding of facts is
inconsistent with the general verdict, the former controls the
latter, and the court must give judgment accordingly.

626.   When a verdict is found for the plaintiff in an action for
the recovery of money, or for the cross-complainant when a cross-
complaint for the recovery of money is established, the jury must
also find the amount of the recovery.  

627. Section Six Hundred and Twenty-seven.
In an action for the recovery of specific
personal property, if the property has not been delivered to the
plaintiff, or the defendant, by his answer, claim a return
thereof, the jury, if their verdict be in favor of the plaintiff,
or, if being in favor of defendant, they also find that he is
entitled to a return thereof, must find the value of the
property, and, if so instructed, the value of specific portions
thereof, and may at the same time assess the damages, if any are
claimed in the complaint or answer, which the prevailing party
has sustained by reason of the taking or detention of such
property.

628.   In superior, municipal, and justice courts upon receipt of a
verdict, an entry must be made in the minutes of the court,
specifying the time of trial, the names of the jurors and
witnesses, and setting out the verdict at length; and where
special verdict is found, either the judgment rendered thereon,
or if the case be reserved for argument or further consideration,
the order thus reserving it.

629.   The court, before the expiration of its power to rule on a
motion for a new trial, either of its own motion, after five
days' notice, or on motion of a party against whom a verdict has
been rendered, shall render judgment in favor of the aggrieved
party notwithstanding the verdict whenever a motion for a
directed verdict for the aggrieved party should have been granted
had a previous motion been made.

A motion for judgment notwithstanding the verdict shall be made
within the period specified by Section 659 of this code in
respect of the filing and serving of notice of intention to move
for a new trial.  The making of a motion for judgment
notwithstanding the verdict shall not extend the time within
which a party may file and serve notice of intention to move for
a new trial.  The court shall not rule upon the motion for
judgment notwithstanding the verdict until the expiration of the
time within which a motion for a new trial must be served and
filed, and if a motion for a new trial has been filed with the
court by the aggrieved party, the court shall rule upon both
motions at the same time.  The power of the court to rule on a
motion for judgment notwithstanding the verdict shall not extend
beyond the last date upon which it has the power to rule on a
motion for a new trial.  If a motion for judgment notwithstanding
the verdict is not determined before such date, the effect shall
be a denial of such motion without further order of the court.
If the motion for judgment notwithstanding the verdict be denied
and if a new trial be denied, the appellate court shall, when it
appears that the motion for judgment notwithstanding the verdict
should have been granted, order judgment to be so entered on
appeal from the judgment or from the order denying the motion for
judgment notwithstanding the verdict.

Where a new trial is granted to the party moving for judgment
notwithstanding the verdict, and the motion for judgment
notwithstanding the verdict is denied, the order denying the
motion for judgment notwithstanding the verdict shall
nevertheless be reviewable on appeal from said order by the
aggrieved party.  If the court grants the motion for judgment
notwithstanding the verdict or of its own motion directs the
entry of judgment notwithstanding the verdict and likewise grants
the motion for a new trial, the order granting the new trial
shall be effective only if, on appeal, the judgment
notwithstanding the verdict is reversed, and the order granting a
new trial is not appealed from or, if appealed from, is affirmed.

630.   (a) Unless the court specified an earlier time for making a
motion for directed verdict, after all parties have completed the
presentation of all of their evidence in a trial by jury, any
party may, without waiving his or her right to trial by jury in
the event the motion is not granted, move for an order directing
entry of a verdict in its favor.

(b)    If it appears that the evidence presented supports the
granting of the motion as to some, but not all, of the issues
involved in the action, the court shall grant the motion as to
those issues and the action shall proceed on any remaining
issues.  Despite the granting of such a motion, no final
judgment shall be entered prior to the termination of the
action, but the final judgment, in addition to any matter
determined in the trial, shall reflect the verdict ordered by
the court as determined by the motion for directed verdict.

(c)    If the motion is granted, unless the court in its order
directing entry of the verdict specifies otherwise, it shall
operate as an adjudication upon the merits.

(d)    In actions which arise out of an injury to a person or
property, when a motion for directed verdict was granted on
the basis that a defendant was without fault, no other
defendant during trial, over plaintiff's objection, shall
attempt to attribute fault to or comment on the absence or
involvement of the defendant who was granted the motion.

(e)    The order of the court granting the motion for directed
verdict is effective without any assent of the jury.

(f)    When the jury for any reason has been discharged without
having rendered a verdict, the court on its own motion or upon
motion of a party, notice of which was given within 10 days
after discharge of the jury, may order judgment to be entered
in favor of a party whenever a motion for directed verdict for
that party should have been granted had a previous motion been
made.  Except as otherwise provided in Section 12a, the power
of the court to act under the provisions of this section shall
expire 30 days after the day upon which the jury was
discharged, and if judgment has not been ordered within that
time the effect shall be the denial of any motion for judgment
without further order of the court.

631.   (a) Trial by jury may be waived by the several parties to an
issue of fact in any of the following ways:

(1)    By failing to appear at the trial.

(2)    By written consent filed with the clerk or judge.

(3)    By oral consent, in open court, entered in the minutes or
docket.

(4)    By failing to announce that a jury is required, at the time
the cause is first set for trial, if it is set upon notice or
stipulation, or within five days after notice of setting if it is
set without notice or stipulation.

(5)    By failing to deposit with the clerk, or judge, advance jury
fees 25 days prior to the date set for trial, except in unlawful
detainer actions where the fees shall be deposited at least five
days prior to the date set for trial, or as provided by
subdivision (b).  The advanced jury fee shall not exceed the
amount necessary to pay the average mileage and fees of 20 trial
jurors for one day in the court to which the jurors are summoned.

(6)    By failing to deposit with the clerk or judge, promptly
after the impanelment of the jury, a sum equal to the mileage or
transportation (if any be allowed by law) of the jury accrued up
to that time.

(7)    By failing to deposit with the clerk or judge, at the
beginning of the second and each succeeding day's session a sum
equal to one day's fees of the jury, and the mileage or
transportation, if any.

(b)    In a superior court action if a jury is demanded by
either party in the memorandum to set the cause for trial and
the party, prior to trial, by announcement or by operation of
law waives a trial by jury, then all adverse parties shall
have five days following the receipt of notice of the waiver
to file and serve a demand for a trial by jury and to deposit
any advance jury fees which are then due.

(c)    When the party who has demanded trial by jury either
waives such trial upon  or after the assignment for trial to a
specific department of the court, or upon or after the
commencement of the trial, or fails to deposit the fees as
provided in paragraph (6) of subdivision (a), trial by jury
shall be waived by the other party either failing promptly to
demand trial by jury before the judge in whose department the
waiver, other than for the failure to deposit such fees, was
made, or by that party's failing promptly to deposit the fees
provided in paragraph (6) of subdivision (a).

(d)    The court may, in its discretion upon just terms, allow
a trial by jury although there may have been a waiver of a
trial by jury.

631.01.(a) Trial by jury may be waived by the several parties to an
issue of fact in any of the following ways:

(1)    By failing to appear at the trial.

(2)    By written consent filed with the clerk or judge.

(3)    By oral consent, in open court, entered in the minutes or
docket.

(4)    By failing to announce that a jury is required, at the time
the cause is first set for trial, if it is set upon notice or
stipulation, or within five days after notice of setting if it is
set without notice or stipulation.

(5)    By failing to deposit with the clerk, or judge, advance jury
fees 25 days prior to the date set for trial, or as provided by
subdivision (b).  The advanced jury fee shall not exceed the
amount necessary to pay the average mileage and  fees of 20 trial
jurors in the court to which the jurors are summoned.

(6)    By failing to deposit with the clerk, or judge, at the
beginning of the second and each succeeding day's session a sum
equal to one day's fees of the jury,  and the mileage or
transportation, if there are any.

(b)    In a superior court action if a jury is demanded by
either party in the memorandum to set the cause for trial and
the party, prior to trial, by announcement or by operation of
law waives a trial by jury, then all adverse parties shall
have five days following the receipt of notice of the waiver
to file and serve a demand for a trial by jury and to deposit
any advance jury fees which are then due.

(c)    When the party who has demanded trial by jury either
waives such trial upon or after the assignment for trial to a
specific department of the court, or upon or after the
commencement of the trial, or fails to deposit the fees as
provided in paragraph 6 of subdivision (a), trial by jury
shall be waived by the other party either failing promptly to
demand trial by jury before the judge in whose department the
waiver, other than for the failure to deposit such fees, was
made, or by that party's failing promptly to deposit the fees
provided in paragraph 6 of subdivision (a).

(d)    The court may, in its discretion upon just terms, allow a
trial by jury although there may have been a waiver of a trial
by jury.

631.1. Notwithstanding any other provision of law, the county may pay
jury fees in civil cases from general funds of the county available
therefor. Nothing in this section shall be construed to change the
requirements for the deposit of jury fees in any civil case by the
appropriate party to the litigation at the time and in the manner
otherwise provided by law.  Nothing in this section shall preclude
the right of the county to be reimbursed by the party to the
litigation liable therefor for any payment of jury fees pursuant to
this section.

631.2. (a) Notwithstanding any other provision of law, the county may
pay jury fees in civil cases from general funds of the county
available therefor.  Nothing in this section shall be construed to
change the requirements for the deposit of jury fees in any civil
case by the appropriate party to the litigation at the time and in
the manner otherwise provided by law.  Nothing in this section
shall preclude the right of the county to be reimbursed by the
party to the litigation liable therefor for any payment of jury
fees pursuant to this section.

(b) The party who has demanded trial by jury shall reimburse the
county for the fees and mileage of all jurors appearing for voir
dire examination, except those jurors who are excused and
subsequently on the same day are called for voir dire examination
in another case.

631.3. Notwithstanding any other provision of law, when a party to
the litigation has deposited jury fees with the judge or clerk and
the case is settled or a continuance is granted on motion of the
party depositing said jury fees, none of said deposit shall be
refunded if the court finds there has been insufficient time to
notify the jurors that the trial would not proceed at the time set.
If said jury fees so deposited are not refunded for the reasons
herein specified, or if jury fees deposited with the judge or clerk
have not been refunded within three years after the action was
dismissed or a final judgment rendered therein because the
depositor thereof cannot be found, said fees shall revert to the
county and be deposited in the general fund of the county.  All
jury fees and mileage fees that may accrue by reason of a juror
serving on more than one case in the same day shall revert to the
county and be deposited in the general fund of the county.

631.5. In all cases of eminent domain the deposits of jury fees and
mileage provided for in section 631 of this code shall be made by
the party seeking condemnation regardless of which party shall have
demanded a jury trial, and the trial shall not proceed until such
deposits are made.

631.7. Ordinarily, unless the court otherwise directs, the trial of a
civil action tried by the court without a jury shall proceed in the
order specified in Section 607.

631.8. (a) After a party has completed his presentation of evidence
in a trial by the court, the other party, without waiving his right
to offer evidence in support of his defense or in rebuttal in the
event the motion is not granted, may move for a judgment.  The
court as trier of the facts shall weigh the evidence and may render
a judgment in favor of the moving party, in which case the court
shall make a statement of decision as provided in Sections 632 and 634,
or may decline to render any judgment until the close of all
the evidence.  The court may consider all evidence received,
provided, however, that the party against whom the motion for
judgment has been made shall have had an opportunity to present
additional evidence to rebut evidence received during the
presentation of evidence deemed by the presenting party to have
been adverse to him, and to rehabilitate the testimony of a witness
whose credibility has been attacked by the moving party.  Such
motion may also be made and granted as to any cross-complaint.

(b)    If it appears that the evidence presented supports the
granting of the motion as to some but not all the issues involved
in the action, the court shall grant the motion as to those
issues and the action shall proceed as to the issues remaining.
Despite the granting of such a motion, no final judgment shall be
entered prior to the termination of the action, but the final
judgment in such action shall, in addition to any matters
determined in the trial, award judgment as determined by the
motion herein provided for.

(c)    If the motion is granted, unless the court in its order for
judgment otherwise  specifies, such judgment operates as an
adjudication upon the merits.

632.   In superior, municipal, and justice courts, upon the trial of
a question of fact by the court, written findings of fact and
conclusions of law shall not be required.   The court shall issue a
statement of decision explaining the factual and legal basis for
its decision as to each of the principal controverted issues at
trial upon the request of any party appearing at the trial.  The
request must be made within 10 days after the court announces a
tentative decision unless the trial is concluded within one
calendar day or in less than eight hours over more than one day in
which event the request must be made prior to the submission of the
matter for decision.  The request for a statement of decision shall
specify those controverted issues as to which the party is
requesting a statement of  decision.  After a party has requested
such a statement, any party may make proposals as to the content of
the statement of decision.

The statement of decision shall be in writing, unless the parties
appearing at trial agree otherwise; however, when the trial is
concluded within one calendar day or in less than 8 hours over more
than one day, the statement of decision may be made orally on the
record in the presence of the parties.

634.   When a statement of decision does not resolve a controverted
issue, or if the statement is ambiguous and the record shows that
the omission or ambiguity was brought to the attention of the trial
court either prior to entry of judgment or in conjunction with a
motion under Section 657 or 663, it shall not be inferred on appeal
or upon a motion under Section 657 or 663 that the trial court decided
in favor of the prevailing party as to those facts or on that issue.

635.   In all cases where the decision of the court has been entered
in its minutes, and when the judge who heard or tried the case is
unavailable, the formal judgment or order conforming to the minutes
may be signed by the presiding judge of the court or by a judge
designated by the presiding judge.

636.   On a judgment for the plaintiff upon an issue of law, he may
proceed in the manner prescribed by the first two subdivisions of
Section 585, upon the failure of the defendant to answer.  If
judgment be for the defendant upon an issue of law, and the taking
of an account, or the proof of any fact, be necessary to enable the
Court to complete the judgment, a reference may be ordered, as in
that section provided.

638.   A reference may be ordered upon the agreement of the parties
filed with the clerk, or judge, or entered in the minutes or in the
docket,  or upon the motion of a party to a written contract or
lease which provides that any controversy arising therefrom shall
be heard by a reference if the court finds a reference agreement
exists between the parties:

_1.To try any or all of the issues in an action or proceeding,
whether of fact or of law, and to report a statement of decision
thereon;

_2.To ascertain a fact necessary to enable the court to determine an
action or proceeding.

639.   When the parties do not consent, the court may, upon the
application of any party, or of its own motion, direct a reference
in the following cases:

(a)    When the trial of an issue of fact requires the examination
of a long account on either side; in which case the referees may
be directed to hear and decide the whole issue, or report upon
any specific question of fact involved therein.

(b)    When the taking of an account is necessary for the
information of the court before judgment, or for carrying a
judgment or order into effect.

(c)    When a question of fact, other than upon the pleadings,
arises upon motion or otherwise, in any stage of the action.

(d)    When it is necessary for the information of the court in a
special proceeding.

(e)    When the court in any pending action determines in its
discretion that it is necessary for the court to appoint a
referee to hear and determine any and all discovery motions and
disputes relevant to discovery in the action and to report
findings and make a recommendation thereon.

639.5. Notwithstanding any other provision of law, when hearing child
support matters, a commissioner or referee may enter default
orders if the defendant does not respond to notice or other
process within the time prescribed to respond to that notice.

640.   A reference may be ordered to the person or persons, not
exceeding three, agreed upon by the parties.  If the parties do not
agree, the court or judge must appoint one or more referees, not
exceeding three, who reside in the county in which the action or
proceeding is triable, and against whom there is no legal
objection, or the reference may be made to a court commissioner of
the county where the cause is pending.

640.1. (a) To the extent required by federal law, all applications
filed by the district attorney for an order to establish or
enforce child support, except paternity cases or those cases
involving complex issues, as defined in subdivision (a)
of Section 11475.1 of the Welfare and Institutions Code,
shall be referred for hearing to a commissioner or a referee,
unless the district attorney of that particular county has
applied for, and received, an exemption from this requirement
from the State Department of Social Services.

Paternity cases and cases involving complex issues, as defined
in subdivision (a) of Section 11475.1 of the Welfare and
Institutions Code, may be referred to  and heard by a
commissioner or a referee, if deemed appropriate by the
commissioner or referee.  If the case is heard by a
commissioner or referee, the time limits specified in
subdivision (a) of Section 11475.1 of the Welfare and
Institutions Code do not apply.

In counties which operate an expedited process, commissioners
and referees shall order a temporary support obligation under
the expedited process in complex cases, as defined in
subdivision (a) of Section 11475.1 of the Welfare and
Institutions Code, prior to referring those cases to the full
judicial system.

All applications to be heard by a commissioner or referee
shall be made returnable on an order to show cause within 30
days after service thereof or heard on a noticed motion within 30
days after service of notice.  The matter shall not be heard
earlier than 10 days after service of the order to show cause or
notice of motion and supporting papers.  The hearing shall not be
continued to a date more than 10 days after the date originally set
for hearing.

Nothing in this section prohibits persons other than the district
attorney from bringing an action under this section, if permitted by
that particular county.  However, actions brought by the district
attorney shall have priority over actions brought by other persons.

(b)    At the hearing, the commissioner or referee shall, where
appropriate, do all of the following:

(1)    Take testimony.

(2)    Establish a record, evaluate evidence, and make
recommendations or decisions.

(3)    Accept voluntary acknowledgments of support liability
and parentage and stipulated agreements respecting the
amount of child support to be paid.

(4)    Enter default orders where authorized pursuant to
Section 639.5.

(c)    Except where a default or stipulated order has been entered
by a commissioner or a referee, a recommended order shall be
filed by the commissioner or referee within seven court days
after the hearing concludes.  The clerk shall mail an endorsed
copy first class, postage prepaid, to all parties by the close of
the business day on which the order is filed, together with a
notice of a review hearing before a judge of the superior court,
stating the date any party may appear and object to the
recommended order.  As an alternative to mailing the copy of the
order and the notice to the parties, the clerk may personally
serve the copy of the order and the notice at the time of the
hearing.  The clerk shall also provide a written notice of that
hearing to all persons appearing at the hearing before the
commissioner or referee.  The hearing in superior court shall
take place no less than 15 days nor later than 20 days following
the mailing of the recommended order to all parties.  The hearing
before the superior court shall not be continued to a date more
than 10 days after the date originally set for hearing.
Section1013 does not apply to these time limits.

(d)    Except as provided in subdivision (e), on the appointed
hearing date, the superior court shall independently review
the record of the original hearing, any supplemental papers
filed, hear any oral objections and responses thereto, and
either adopt the recommended order or modify it on such terms
as the interests of justice require.

(e)    Notwithstanding subdivision (d), on its own motion, the
superior court may rehear the matter.  Any rehearing
determined necessary by the court shall be heard within 10
days of the date of the hearing required by subdivision (d).
At the conclusion of the hearing, the superior court shall
either adopt the recommended order or modify it on such terms
as the interests of justice require.

(f)    If no objection to the recommended order is presented to
the court on the  date specified in subdivision c, the court
shall adopt the recommended order, unless it modifies it on
its own motion, consistent with the interests of justice, as
described in subdivision (e).

641.   A party may object to the appointment of any person as
referee, on one or more of the following grounds:

_1.A want of any of the qualifications prescribed by statute to
render a person competent as a juror;

_2.Consanguinity or affinity, within the third degree, to either
party, or to an officer of a corporation which is a party, or to
any judge of the court in which the appointment shall be made;

_3.Standing in the relation of guardian and ward, conservator and
conservatee, master and servant, employer and clerk, or principal
and agent, to either party; or being a member of the family of
either party; or a partner in business with either party; or
security on any bond or obligation for either party;

_4.Having served as a juror or been a witness on any trial between
the same parties for the same cause of action;

_5.Interest on the part of such person in the event of the action,
or in the main question involved in the action;

_6.Having formed or expressed an unqualified opinion or belief as to
the merits of the action;

_7.The existence of a state of mind in such person evincing enmity
against or bias to either party.

641.2. In any action brought under Article 8 (commencing with Section 12600)
of Chapter 6, Part 2, Division 3, Title 3 of the Government
Code, a party may object to the appointment of any person as
referee on the ground that he is not technically qualified with
respect to the particular subject matter of the proceeding.

642.   The objections taken to the appointment of any person as
referee must be heard and disposed of by the Court.  Affidavits may
be read and witnesses examined as to such objections.

643.   The referees or commissioner must report their statement of
decision in writing to the court within 20 days after the testimony
is closed.

644.   The decision of the referee or commissioner upon the whole
issue must stand as the decision of the court, and upon filing of
the statement of decision with the clerk of the court, or with the
judge where there is no clerk, judgment may be entered thereon in
the same manner as if the action had been tried by the court.

645.   The decision of the referee or commissioner may be excepted to
and reviewed in like manner as if made by the court.
When the reference is to report the facts, the decision reported
has the effect of a special verdict.

645.1. The court may order the parties to pay the fees of referees
who are not employees or officers of the court at the time of
appointment, as fixed pursuant to Section 1023, in any manner
determined by the court to be fair and reasonable, including an
apportionment of the fees among the parties.

646.   An exception is an objection upon a matter of law to a
decision made, either before or after judgment, by a Court,
tribunal, Judge, or other judicial officer, in an action or
proceeding.  The exception must be taken at the time the decision
is made, except as provided in section six hundred and forty-seven.

647.   All of the following are deemed excepted to:  the verdict of
the jury; the final decision in an action or proceeding; an
interlocutory order or decision, finally determining the rights of
the parties, or some of them; an order or decision from which an
appeal may be taken; an order sustaining or overruling a demurrer,
allowing or refusing to allow an amendment to a pleading, striking
out or refusing to strike out a pleading or a portion thereof, or
refusing a continuance; an order made upon ex parte application,
giving an instruction, refusing to give an instruction, or
modifying an instruction requested; an order or decision made in
the absence of the party or an order granting or denying a nonsuit
or a motion to strike out evidence or testimony; a ruling
sustaining or overruling an objection to evidence; and any
statement or other action of the court in commenting upon or in
summarizing the evidence.  If the party, at the time when the
order, ruling, action or decision is sought or made, or within a
reasonable time thereafter, makes known his position thereon, by
objection or otherwise, all other orders, rulings, actions or
decisions are deemed to have been excepted to.

651.  (a) On its own motion or on the motion of a party, where the
court finds that such a view would be proper and would aid the
trier of fact in its determination of the case, the court may order
a view of any of the following:

(1)    The property which is the subject of litigation.

(2)    The place where any relevant event occurred.

(3)    Any object, demonstration, or experiment, a view of which is
relevant and admissible in evidence in the case and which cannot
with reasonable convenience be viewed in the courtroom.

(b) On such occasion, the entire court, including the judge, jury, if
any, court reporter, if any, and any necessary officers, shall proceed
to the place, property, object, demonstration, or experiment to be
viewed.  The court shall be in session throughout the view.  At the
view, the court may permit testimony of witnesses.  The proceedings at
the view shall be recorded to the same extent as the proceedings in
the courtroom.

655.   The provisions of this article apply to superior, municipal,
or justice courts.

656.   A new trial is a re-examination of an issue of fact in the
same court after a trial and decision by a jury, court, or referee.

657.   The verdict may be vacated and any other decision may be
modified or vacated, in whole or in part, and a new or further
trial granted on all or part of the issues, on the application of
the party aggrieved, for any of the following causes, materially
affecting the substantial rights of such party:

_1.Irregularity in the proceedings of the court, jury or adverse
party, or any order of the court or abuse of discretion by which
either party was prevented from having a fair trial.

_2.Misconduct of the jury; and whenever any one or more of the
jurors have been induced to assent to any general or special
verdict, or to a finding on any question submitted to them by the
court, by a resort to the determination of chance, such
misconduct may be proved by the affidavit of any one of the
jurors.

_3.Accident or surprise, which ordinary prudence could not have
guarded against.

_4.Newly discovered evidence, material for the party making the
application, which he could not, with reasonable diligence, have
discovered and produced at the trial.

_5.Excessive or inadequate damages.

_6.Insufficiency of the evidence to justify the verdict or other
decision, or the verdict or other decision is against law.

_7.Error in law, occurring at the trial and excepted to by the party
making the application.

When a new trial is granted, on all or part of the issues, the court
shall specify the ground or grounds upon which it is granted and the
court's reason or reasons for granting the new trial upon each ground
stated.

A new trial shall not be granted upon the ground of insufficiency of
the evidence to justify the verdict or other decision, nor upon the
ground of excessive or inadequate damages, unless after weighing the
evidence the court is convinced from the entire record, including
reasonable inferences therefrom, that the court or jury clearly should
have reached a different verdict or decision.

The order passing upon and determining the motion must be made and
entered as provided in Section 660 and if the motion is granted must
state the ground or grounds relied upon by the court, and may contain
the specification of reasons.  If an order granting such motion does
not contain such specification of reasons, the court must, within 10
days after filing such order, prepare, sign and file such
specification of reasons in writing with the clerk.  The court shall
not direct the attorney for a party to prepare either or both said
order and said specification of reasons.

On appeal from an order granting a new trial the order shall be
affirmed if it should have been granted upon any ground stated in the
motion, whether or not specified in the order or specification of
reasons, except that (a) the order shall not be affirmed upon the
ground of the insufficiency of the evidence to justify the verdict or
other decision, or upon the ground of excessive or inadequate damages,
unless such ground is stated in the order granting the motion and (b)
on appeal from an order granting a new trial upon the ground of the
insufficiency of the evidence to justify the verdict or other
decision, or upon the ground of excessive or inadequate damages, it
shall be conclusively presumed that said order as to such ground was
made only for the reasons specified in said order or said
specification of reasons, and such order shall be reversed as to such
ground only if there is no substantial basis in the record for any of
such reasons.

657.1. A new trial may also be granted as provided in Section 914 of
this code.

658.   When the application is made for a cause mentioned in the
first, second, third and fourth subdivisions of Section 657, it
must be made upon affidavits; otherwise it must be made on the
minutes of the court.

659.   The party intending to move for a new trial must file with
the clerk and serve upon each adverse party a notice of his
intention to move for a new trial, designating the grounds upon
which the motion will be made and whether the same will be made
upon affidavits or the minutes of the court or both, either

_1.Before the entry of judgment; or

_2.Within 15 days of the date of mailing notice of entry of
judgment by the clerk of the court pursuant to Section 664.5,
or service upon him by any party of written notice of entry of
judgment, or within 180 days after the entry of judgment,
whichever is earliest; provided, that upon the filing of the
first notice of intention to move for a new trial by a party,
each other party shall have 15 days after the service of such
notice upon him to file and serve a notice of intention to
move for a new trial.

Said notice of intention to move for a new trial shall be deemed to be
a motion for a new trial on all the grounds stated in the notice.  The
time above specified shall not be extended by order or stipulation or
by those provisions of Section 1013 of this code which extend the time
for exercising a right or doing an act where service is by mail.

659a.  Within 10 days of filing the notice, the moving party shall
serve upon all other parties and file any affidavits intended to be
used upon such motion.  Such other parties shall have ten days after
such service within which to serve upon the moving party and file
counter-affidavits.  The time herein specified may, for good cause
shown by affidavit or by written stipulation of the parties,  be
extended by any judge for an additional period of not exceeding 20
days.

660.   On the hearing of such motion, reference may be had in all
cases to the pleadings and orders of the court on file, and when
the motion is made on the minutes, reference may also be had to any
depositions and documentary evidence offered at the trial and to
the report of the proceedings on the trial taken by the
phonographic reporter, or to any certified transcript of such
report or if there be no such report or certified transcript, to
such proceedings occurring at the trial as are within the
recollection of the judge; when the proceedings at the trial have
been phonographically reported, but the reporter' s notes have not
been transcribed, the reporter must upon request of the court or
either party, attend the hearing of the motion and shall read his
notes, or such parts thereof as the court, or either party, may
require.

The hearing and disposition of the motion for a new trial shall
have precedence over all other matters except criminal cases,
probate matters and cases actually on trial, and it shall be the
duty of the court to determine the same at the earliest possible
moment.

Except as otherwise provided in Section 12a of this code, the
power of the court to rule on a motion for a new trial shall
expire 60 days from and after the mailing of notice of entry of
judgment by the clerk of the court pursuant to Section 664.5 or 60
days from and after service on the moving party by any party
of written notice of the entry of the judgment, whichever is
earlier, or if such notice has not theretofore been given, then 60
days after filing of the first notice of intention to move
for a new trial.  If such motion is not determined within said
period of 60 days, or within said period as thus extended, the
effect shall be a denial of the motion without further order of
the court.  A motion for a new trial is not determined within
the meaning of this section until an order ruling on the motion

(1)    is entered in the permanent minutes of the court or (2) is
signed by the judge and filed with the clerk.  The entry of a new
trial order in the permanent minutes of the court shall
constitute a determination of the motion even though such minute
order as entered expressly directs that a written order be
prepared, signed and filed.  The minute entry shall in all cases
show the date on which the order actually is entered in the
permanent minutes, but failure to comply with this direction
shall not impair the validity or effectiveness of the order.

661.   The motion for a new trial shall be heard and determined by
the judge who presided at the trial; provided, however, that in
case of the inability of such judge or if at the time noticed for
hearing thereon he is absent from the county where the trial was
had, the same shall be heard and determined by any other judge of
the same court.  Upon the expiration of the time to file counter
affidavits the clerk forthwith shall call the motion to the
attention of the judge who presided at the trial, or the judge
acting in his place, as the case may be, and such judge thereupon
shall designate the time for oral argument, if any, to be had on
said motion.  Five (5) days' notice by mail shall be given of such
oral argument, if any, by the clerk to the respective parties.

Such motion, if heard by a judge other than the trial judge shall
be argued orally or shall be submitted without oral argument, as
the judge may direct, not later than ten (10) days before the
expiration of the time within which the court has power to pass on
the same.

662.   In ruling on such motion, in a cause tried without a jury, the
court may, on such terms as may be just, change or add to the
statement of decision, modify the judgment, in whole or in part,
vacate the judgment, in whole or in part, and grant a new trial on
all or part of the issues, or, in lieu of granting a new trial, may
vacate and set aside the statement of decision and judgment and
reopen the case for further proceedings and the introduction of
additional evidence with the same effect as if the case had been
reopened after the submission thereof and before a decision had
been filed or judgment rendered.  Any judgment thereafter entered
shall be subject to the provisions of sections 657 and 659.

662.5.  In any civil action where after trial by jury an order
granting a new trial limited to the issue of damages would be
proper, the trial court may in its discretion:

(a)    If the ground for granting a new trial is inadequate
damages, make its order granting the new trial subject to the
condition that the motion for a new trial is denied if the party
against whom the verdict has been rendered consents to an
addition of so much thereto as the court in its independent
judgment determines from the evidence to be fair and reasonable.

(b)    If the ground for granting a new trial is excessive damages,
make its order granting the new trial subject to the condition
that the motion for a new trial is denied if the party in whose
favor the verdict has been rendered consents to a reduction of so
much thereof as the court in its independent judgment determines
from the evidence to be fair and reasonable.

663.   A judgment or decree, when based upon a decision by the court,
or the special verdict of a jury, may, upon motion of the party
aggrieved, be set aside and vacated by the same court, and another
and different judgment entered, for either of the following causes,
materially affecting the substantial rights of the party and
entitling the party to a different judgment:

_1.Incorrect or erroneous legal basis for the decision, not
consistent with or not supported by the facts; and in such case
when the judgment is set aside, the statement of decision shall
be amended and corrected.

_2.A judgment or decree not consistent with or not supported by the
special verdict.

663a.  The party intending to make the motion mentioned in the
last section must file with the clerk and serve upon the adverse
party a notice of his intention, designating the grounds upon
which the motion will be made, and specifying the particulars in
which the legal basis for the decision is not consistent with
or supported by the facts, or in which the judgment or decree is
not consistent with the special verdict, either

_1.Before the entry of judgment; or

_2.Within 15 days of the date of mailing of notice of entry of
judgment by the clerk of the court pursuant to Section 664.5, or
service upon him by any party of written notice of entry of
judgment, or within 180 days after the entry of judgment,
whichever is earliest.

The provisions of Section 1013 of this code extending the time for
exercising a right or doing an act where service is by mail shall not
apply to extend the time above specified.

An order of the court granting such motion may be reviewed on appeal
in the same manner as a special order made after final judgment.

663.1.    The court may grant a new trial of any action or proceeding
when all of the following conditions exist:

(a)    Any proposed bill of exceptions or statement of the case on
motion for a new trial is lost or destroyed by reason of
conflagration or other public calamity.

(b)    No other record of the proceedings upon the trial thereof
can be obtained.

(c)    Such action or proceeding is subject to review by motion for
new trial pending at the time of such loss or destruction.

(d)    The court in which such action or proceeding is pending
deems it impossible or impracticable to restore such proceedings
and to settle a bill of exceptions or statement of the case
containing such proceedings, so as to enable the court to review
the judgment or order therein by motion for new trial.

(e)    At the time of such loss or destruction a motion for new
trial was pending.
In order to grant such new trial, it shall be unnecessary to have any
bill of exceptions or statement of the case settled, but upon the
facts recited in this section being shown to the satisfaction of the
court by affidavit or otherwise, the court may grant such new trial.

663.2.    Pending the hearing of a motion pursuant to Section 663.1
to grant a new trial, the time within which a bill of
exceptions may be prepared, served, or presented for settlement
shall be extended and shall not commence to run until the decision
upon the motion.  The motion must be made within 30 days after the
loss or destruction of the records.

664.   When trial by jury has been had, judgment must be entered by
the clerk, in conformity to the verdict within 24 hours after the
rendition of the verdict, whether or not a motion for judgment
notwithstanding the verdict be pending, unless the court order the
case to be reserved for argument or further consideration, or grant
a stay of proceedings.  If the trial has been had by the court,
judgment must be entered by the clerk, in conformity to the
decision of the court, immediately upon the filing of such
decision.  In no case is a judgment effectual for any purpose until
entered.

664.5.  (a) In any contested action or special proceeding other
than a proceeding for voidable marriage pursuant to the Family Law
Act (Title 2 (commencing with Section 4400) or dissolution of
marriage, legal separation and summary dissolution pursuant to
Title 3 (commencing with Section 4500) of the Civil Code), a small
claims action, or an action or proceeding in which a prevailing
party is not represented by counsel, the party submitting an order
or judgment for entry shall prepare and mail a copy of the notice
of entry of judgment to all parties who have appeared in the action
or proceeding and shall file with the court the original notice of
entry of judgment together with the proof of service by mail.

(b) Promptly upon entry of judgment in a contested action or
special proceeding in which a prevailing party is not represented
by counsel, the clerk of the court shall mail notice of entry of
judgment to all parties who have appeared in the action or special
proceeding and shall execute a certificate of such mailing and
place it in the court's file in the cause.

(c)    For purposes of this section, "judgment" includes any
judgment, decree, or signed order from which an appeal lies.
Upon order of the court in any action or special proceeding, the
clerk shall mail notice of entry of any judgment or ruling,
whether or not appealable.

664.6. If parties to pending litigation stipulate, in a writing
signed by the parties outside the presence of the court or orally
on the record before the court, for settlement of the case, or part
thereof, the court, upon motion, may enter judgment pursuant to the
terms of the settlement.  If requested by the parties, the court
may retain jurisdiction over the parties to enforce the settlement
until performance in full of the terms of the settlement.

665.   When the case is reserved for argument or further
consideration, as mentioned in the last section, it may be
brought by either party before the Court for argument.

666.   If a claim asserted in a cross-complaint is established at
the trial and the amount so established exceeds the demand
established by the party against whom the cross-complaint is
asserted, judgment for the party asserting the cross-complaint
must be given for the excess; or if it appears that the party
asserting the cross-complaint is entitled to any other
affirmative relief, judgment must be given accordingly.
When the amount found due to either party exceeds the sum for
which the court is authorized to enter judgment, such party may
remit the excess, and judgment may be rendered for the residue.

667.   In an action to recover the possession of personal property,
judgment for the plaintiff may be for the possession or the value
thereof, in case a delivery cannot be had, and damages for the
detention.  If the property has been delivered to the plaintiff,
and the defendant claim a return thereof judgment for the
defendant may be for a return of the property or the value
thereof, in case a return cannot be had, and damages for taking
and withholding the same.

667.7. (a) In any action for injury or damages against a provider of
health care services, a superior court shall, at the request of
either party, enter a judgment ordering that money damages or its
equivalent for future damages of the judgment creditor be paid in
whole or in part by periodic payments rather than by a lump-sum
payment if the award equals or exceeds fifty thousand dollars ($50,000)
in future damages.  In entering a judgment ordering the
payment of future damages by periodic payments, the court shall
make a specific finding as to the dollar amount of periodic
payments which will compensate the judgment creditor for such
future damages.  As a condition to authorizing periodic payments of
future damages, the court shall require the judgment debtor who is
not adequately insured to post security adequate to assure full
payment of such damages awarded by the judgment.  Upon termination
of periodic payments of future damages, the court shall order the
return of this security, or so much as remains, to the judgment
debtor.

(b) (1) The judgment ordering the payment of future damages by
periodic payments shall specify the recipient or recipients of the
payments, the dollar amount of the payments, the interval between
payments, and the number of payments or the period of time over
which payments shall be made.  Such payments shall only be subject
to modification in the event of the death of the judgment creditor.

(2)    In the event that the court finds that the judgment debtor
has exhibited a continuing pattern of failing to make the
payments, as specified in paragraph (1), the court shall find the
judgment debtor in contempt of court and, in addition to the
required periodic payments, shall order the judgment debtor to
pay the judgment creditor all damages caused by the failure to
make such periodic payments, including court costs and attorney'
s fees.

(c)    However, money damages awarded for loss of future
earnings shall not be reduced or payments terminated by reason
of the death of the judgment creditor, but shall be paid to
persons to whom the judgment creditor owed a duty of support,
as provided by law, immediately prior to his death.  In such
cases the court which rendered the original judgment, may,
upon petition of any party in interest, modify the judgment to
award and apportion the unpaid future damages in accordance
with this subdivision.

(d)    Following the occurrence or expiration of all obligations
specified in the periodic payment judgment, any obligation of
the judgment debtor to make further payments shall cease and
any security given, pursuant to subdivision (a) shall revert
to the judgment debtor.

(e)    As used in this section:

(1)    "Future damages" includes damages for future medical
treatment, care or custody, loss of future earnings, loss of
bodily function, or future pain and suffering of the
judgment creditor.

(2)    "Periodic payments" means the payment of money or
delivery of other property to the judgment creditor at
regular intervals.

(3)    "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.

(4)    "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.

(f)    It is the intent of the Legislature in enacting this
section to authorize the entry of judgments in malpractice
actions against health care providers which provide for the
payment of future damages through periodic payments rather
than lump-sum payments.  By authorizing periodic payment
judgments, it is the further intent of the Legislature that
the courts will utilize such judgments to provide compensation
sufficient to meet the needs of an injured plaintiff and those
persons who are dependent on the plaintiff for whatever period
is necessary while eliminating the potential windfall from a
lump-sum recovery which was intended to provide for the care
of an injured plaintiff over an extended period who then dies
shortly after the judgment is paid, leaving the balance of the
judgment award to persons and purposes for which it was not
intended.  It is also the intent of the Legislature that all
elements of the periodic payment program be specified with
certainty in the judgment ordering such payments and that the
judgment not be subject to modification at some future time
which might alter the specifications of the original judgment.

668.   Except as provided in Section 668.5, the clerk of the
superior, municipal, and justice court must keep, with the records
of the court, a book called the "judgment book," in which judgments
must be entered.

668.5.  In those counties where the clerk of the court places
individual judgments in the file of actions and either a microfilm
copy of the individual judgment is made, or the judgment is entered
in the register of actions, or into the court's electronic data-
processing system, prior to placement of the judgment in the file
of actions, the clerk shall not be required to enter judgments in a
judgment book, and the date of filing the judgment with the clerk
shall constitute the date of its entry.

669.   If a party dies after trial and submission of the case to a
judge sitting without a jury for decision or after a verdict upon
any issue of fact, and before judgment, the court may nevertheless
render judgment thereon.

670.   In superior, municipal, and justice courts the following
papers, without being attached together, shall constitute the
judgment roll:

(a)    In case the complaint is not answered by any defendant, the
summons, with the affidavit or proof of service; the complaint;
the request for entry of default with a memorandum indorsed
thereon that the default of the defendant in not answering was
entered, and a copy of the judgment; if defendant has appeared by
demurrer, and the demurrer has been overruled, then notice of the
overruling thereof served on defendant's attorney, together with
proof of the service; and in case the service so made is by
publication, the affidavit for publication of summons, and the
order directing the publication of summons.

(b)    In all other cases, the pleadings, all orders striking out
any pleading in whole or in part, a copy of the verdict of the
jury, the statement of decision of the court, or finding of the
referee, and a copy of any order made on demurrer, or relating to
a change of parties, and a copy of the judgment; if there are
two or more defendants in the action, and any one of them has
allowed judgment to pass against him or her by default, the
summons, with proof of its service, on the defendant, and if the
service on the defaulting defendant be by publication, then the
affidavit for publication, and the order directing the
publication of the summons.

673.   (a) An assignee of a right represented by a judgment may
become an assignee of record by filing with the clerk of the court
which entered the judgment an acknowledgment of assignment of
judgment.

(b)    An acknowledgment of assignment of judgment shall contain
all of the following:

(1)    The title of the court where the judgment is entered and
the cause and number of the action.

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

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

(4)    A statement describing the right represented by the
judgment that is assigned to the assignee.

(5)    The name and address of the assignee.

(c)    The acknowledgment of assignment of judgment shall be:

(1)    Made in the manner of an acknowledgment of a conveyance
of real property.

(2)    Executed and acknowledged by the judgment creditor or by
the prior assignee of record if there is one.

(d)    This section is in addition to, and does not limit or
restrict, any other means by which an assignee may become an
assignee of record.

674.   (a) Except as otherwise provided in Section 4506 of the
Family Code, an abstract of a judgment or decree requiring the
payment of money shall be certified by the clerk of the court where
the judgment or decree was entered and shall contain all of the
following:

(1)    The title of the court where the judgment or decree is
entered and cause and number of the action.

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

(3)    The name and last known address of the judgment debtor and
the address at which the summons was either personally served or
mailed to the judgment debtor  or the judgment debtor' s attorney
of record.

(4)    The name and address of the judgment creditor.

(5)    The amount of the judgment or decree as entered or as last
renewed.

(6)    The social security number and driver's license number of
the judgment debtor if they are known to the judgment creditor;
and, if either or both of those numbers are not known to the
judgment creditor, that fact shall be indicated on the abstract
of judgment.

(7)    Whether a stay of enforcement has been ordered by the court
and, if so, the date the stay ends.

(8)    The date of issuance of the abstract.

(b) An abstract of judgment, recorded after January 1, 1979, that does
not list the social security number and driver's license number of the
judgment debtor, or either of them, as required by subdivision (a) or
by Section 4506 of the Family Code, may be amended by the recording of
a document entitled "Amendment to Abstract of Judgment."  The
Amendment to Abstract of Judgment shall contain all of the information
required by this section or by Section 4506 of the Family Code, shall
list both the social security number and driver's license number if
both of those numbers were known at the date of recordation of the
original abstract of judgment, or one of them, if only one was known,
and shall set forth the date of recording and the book and page
location in the records of the county recorder of the original
abstract of judgment.

A recorded Amendment to Abstract of Judgment shall have
priority as of the date of recordation of the original abstract
of judgment, except as to any purchaser, encumbrancer, or lessee
who obtained their interest after the recordation of the
original abstract of judgment but prior to the recordation of
the Amendment to Abstract of Judgment without actual notice of
the original abstract of judgment.  The purchaser, encumbrancer,
or lessee without actual notice may assert as a defense against
enforcement of the abstract of judgment the failure to comply
with this section or Section 4506 of the Family Code regarding
the contents of the original abstract of judgment
notwithstanding the subsequent recordation of an Amendment to
Abstract of Judgment.  With respect to an abstract of judgment
recorded between January 1, 1979, and July 10, 1985, the defense
against enforcement for failure to comply with this section or
Section 4506 of the Family Code may not be asserted by the
holder of another abstract of judgment or involuntary lien,
recorded without actual notice of the prior abstract, unless
refusal to allow the defense would result in prejudice and
substantial injury as used in Section 475.  The recordation of
an Amendment to Abstract of Judgment does not extend or
otherwise alter the computation of time as provided in
Section 697.310.

676.   This title shall be known and may be cited as the Uniform
Foreign-Money Claims Act.

676.1. As used in this title:

(1)    "Action" means a judicial proceeding or arbitration in which
a payment in money may be awarded or enforced with respect to a
foreign-money claim.

(2)    "Bank-offered spot rate" means the spot rate of exchange at
which a bank will sell foreign money at a spot rate.

(3)    "Conversion date" means the banking day next preceding the
date on which money, in accordance with this title, is (i) paid
to a claimant in an action or distribution proceeding, (ii) paid
to the official designated by law to enforce a judgment or award
on behalf of a claimant, or (iii) used to recoup, setoff, or
counterclaim in different moneys in an action or distribution
proceeding.

(4)    "Distribution proceeding" means a judicial or nonjudicial
proceeding for the distribution of a fund in which one or more
foreign-money claims is asserted and includes an accounting, an
assignment for the benefit of creditors, a foreclosure, the
liquidation or rehabilitation of a corporation or other entity,
and the distribution of an estate, trust, or other fund.

(5)    "Foreign money" means money other than money of the
United States of America.

(6)    "Foreign-money claim" means a claim upon an obligation to
pay, or a claim for recovery of a loss, expressed in or measured
by a foreign money.

(7)    "Money" means a medium of exchange for the payment of
obligations or a store of value authorized or adopted by a
government or by intergovernmental agreement.

(8)    "Money of the claim" means the money determined as proper
pursuant to Section 676.4.

(9)    "Person" means an individual, a corporation, government or
governmental subdivision or agency, business trust, estate,
trust, joint venture, partnership, association, two or more
persons having a joint or common interest, or any other legal or
commercial entity.

(10)   "Rate of exchange" means the rate at which money of one
country may be converted into money of another country in a free
financial market convenient to or reasonably usable by a person
obligated to pay or to state a rate of conversion.  If separate
rates of exchange apply to different kinds of transactions, the
term means the rate applicable to the particular transaction
giving rise to the foreign-money claim.

(11)   "Spot rate" means the rate of exchange at which foreign
money is sold by a bank or other dealer in foreign exchange for
immediate or next day availability or for settlement by immediate
payment in cash or equivalent, by charge to an account, or by an
agreed delayed settlement not exceeding two days.

(12)   "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a territory or
insular possession subject to the jurisdiction of the United
States.

676.10.(a) If an action is brought to enforce a judgment of another
jurisdiction expressed in a foreign money and the judgment is
recognized in this state as enforceable, the enforcing judgment
shall be entered as provided in Section 676.7, whether or not the
foreign judgment confers an option to pay in an equivalent amount
of United States dollars.

(b)    A foreign judgment may be enforced in accordance with
Title 11 (commencing with Section 1710.10) of Part 3.

(c)    A satisfaction or partial payment made upon the foreign
judgment, on proof thereof, shall be credited against the amount
of foreign money specified in the judgment, notwithstanding the
entry of judgment in this state.

(d)    A judgment entered on a foreign-money claim only in
United States dollars in another state shall be enforced in this state
in United States dollars only.

676.11.(a) Computations under this section are for the limited
purposes of the section and do not affect computation of the United
States dollar equivalent of the money of the judgment for the
purpose of payment.

(b)    For the limited purpose of facilitating the enforcement of
provisional remedies in an action, the value in United States
dollars of assets to be seized or restrained pursuant to a writ
of attachment, garnishment, execution, or other legal process,
the amount of United States dollars at issue for assessing costs,
or the amount of United States dollars involved for a surety bond
or other court-required undertaking, shall be ascertained as
provided in subdivisions c and (d).

(c)    A party seeking process, costs, bond, or other undertaking
under subdivision (b) shall compute in United States dollars the
amount of the foreign money claimed from a bank-offered spot rate
prevailing at or near the close of business on the banking day
next preceding the filing of a request or application for the
issuance of process or for the determination of costs, or an
application for a bond or other court-required undertaking.

(d)    A party seeking the process, costs, bond, or other
undertaking under subdivision (b) shall file with each request or
application an affidavit or certificate executed in good faith by
its counsel or a bank officer, stating the market quotation used
and how it was obtained, and setting forth the calculation.
Affected court officials incur no liability, after a filing of
the affidavit or certificate, for acting as if the judgment were
in the amount of United States dollars stated in the affidavit or
certificate.

676.12.(a) If, after an obligation is expressed or a loss is incurred
in a foreign money, the country issuing or adopting that money
substitutes a new money in place of that money, the obligation or
the loss is treated as if expressed or incurred in the new money at
the rate of conversion the issuing country establishes for the
payment of like obligations or losses denominated in the former
money.

(b) If substitution under subdivision (a) occurs after a judgment
or award is entered on a foreign-money claim, the court or
arbitrator shall amend the judgment or award by a like conversion
of the former money.

676.13.Unless displaced by particular provisions of this title, the
principles of law and equity, including the law merchant, and the
law relative to capacity to contract, principal and agent,
estoppel, fraud, misrepresentation, duress, coercion, mistake,
bankruptcy, or other validating or invalidating causes supplement
its provisions.

676.14.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.

676.15.If any provision of this title or its application to any
person or circumstance is held invalid, that invalidity does not
affect other provisions or applications of this title which can be
given effect without the invalid provision or application, and to
this end the provisions of this title are severable.

676.16.This title applies to actions and distribution proceedings
commenced on or after January 1, 1992.

676.2. (a) This title applies only to a foreign-money claim in an
action or distribution proceeding.

(b) This title applies to foreign-money issues even if other law
under the conflict-of-laws rules of this state applies to other
issues in the action or distribution proceeding.

676.3. (a) The effect of this title may be varied by agreement of
the parties made before or after commencement of an action or
distribution proceeding or the entry of judgment.

(b) Parties to a transaction may agree upon the money to be used
in a transaction giving rise to a foreign-money claim and may
agree to use different moneys for different aspects of the
transaction.  Stating the price in a foreign money for one aspect
of a transaction does not alone require the use of that money for
other aspects of the transaction.

676.4. (a) The money in which the parties to a transaction have
agreed that payment is to be made is the proper money of the
claim for payment.

(b) If the parties to a transaction have not otherwise agreed,
the proper money of the claim, as in each case may be
appropriate, is one of the following:

(1)    The money regularly used between the parties as a matter
of usage or course of dealing.

(2)    The money used at the time of a transaction in
international trade, by trade usage or common practice, for
valuing or settling transactions in the particular commodity
or service involved.

(3)    The money in which the loss was ultimately felt or will
be incurred by the party claimant.

676.5. (a) If an amount contracted to be paid in a foreign money is
measured by a specified amount of a different money, the amount to
be paid is determined on the conversion date.

(b)    If an amount contracted to be paid in a foreign money is to
be measured by a different money at the rate of exchange
prevailing on a date before default, that rate of exchange
applies only to payments made within a reasonable time after
default, not exceeding 30 days.  Thereafter, conversion is made
at the bank-offered spot rate on the conversion date.

(c)    A monetary claim is neither usurious nor unconscionable
because the agreement on which it is based provides that the
amount of the debtor's obligation to be paid in the debtor's
money, when received by the creditor, shall equal a specified
amount of the foreign money of the country of the creditor.  If,
because of unexcused delay in payment of a judgment or award, the
amount received by the creditor does not equal the amount of the
foreign money specified in the agreement, the court or arbitrator
shall amend the judgment or award accordingly.

676.6. (a) A person may assert a claim in a specified foreign money.
If a foreign-money claim is not asserted, the claimant makes the
claim in United States dollars.

(b) An opposing party may allege and prove that a claim, in whole
or in part, is in a different money than that asserted by the
claimant.

(c)    A person may assert a defense, setoff, recoupment, or
counterclaim in any money without regard to the money of other
claims.

(d)    The determination of the proper money of the claim is a
question of law.

676.7. (a) Except as provided in subdivision c, a judgment or award
on a foreign-money claim shall be stated in an amount of the money
of the claim.

(b)    A judgment or award on a foreign-money claim is payable in
that foreign money or, at the option of the debtor, in the amount
of United States dollars which will purchase that foreign money
on the conversion date at a bank-offered spot rate.

(c)    Assessed costs shall be entered in United States dollars.

(d)    Each payment in United States dollars shall be accepted and
credited on a judgment or award on a foreign-money claim in the
amount of the foreign money that could be purchased by the
dollars at a bank-offered spot rate of exchange at or near the
close of business on the conversion date for that payment.

(e)    A judgment or award made in an action or distribution
proceeding on both (1) a defense, setoff, recoupment, or
counterclaim and (2) the adverse party's claim, shall be netted
by converting the money of the smaller into the money of the
larger, and by subtracting the smaller from the larger, and
specify the rates of exchange used.

(f)    A judgment substantially in the following form complies with
subdivision (a):

"IT IS ADJUDGED AND ORDERED, that Defendant
_________________ pay to Plaintiff _________________
(insert name)                                   (insert name)

the sum of _________________________________________
(insert amount in the foreign money)

plus interest on that sum at the rate of
____________________________________ percent a year
(insert rate, see Section 676.9)

or, at the option of the judgment debtor, the number
of United States dollars which will purchase the
_________________________________ with interest due,
(insert name of foreign money) at a bank-offered spot rate at or
near the close of business on the banking day next before the day
of payment, together with assessed costs of ___________________
United States dollars."                                  (insert amount)

(g)    If a contract claim is of the type covered by subdivision (a)
or (b) of Section 676.5, the judgment or award shall be
entered for the amount of money stated to measure the obligation to
be paid in the money specified for payment or, at the option of the
debtor, the number of United States dollars which will purchase the
computed amount of the money of payment on the conversion date at a
bank-offered spot rate.

(h)    A judgment shall be entered in foreign money in the same
manner, and has the same effect as a lien, as other judgments.
It may be discharged by payment.

676.8. The rate of exchange prevailing at or near the close of
business on the day the distribution proceeding is initiated
governs all exchanges of foreign money in a distribution
proceeding.  A foreign-money claimant in a distribution proceeding
shall assert its claim in the named foreign money and show the
amount of United States dollars resulting from a conversion as of
the date the proceeding was initiated.

676.9. (a) With respect to a foreign-money claim, recovery of
prejudgment or pre-award interest and the rate of interest to be
applied in the action or distribution proceeding, except as
provided in subdivision (b), are matters of the substantive law
governing the right to recovery under the conflict-of-laws rules of
this state.

(b)    The court or arbitrator shall increase or decrease the
amount of prejudgment or pre-award interest otherwise payable in
a judgment or award in foreign money to the extent required by
the law of this state governing a failure to make or accept an
offer of settlement or offer of judgment, or conduct by a party
or its attorney causing undue delay or expense.

(c)    A judgment or award on a foreign-money claim bears interest
at the rate applicable to judgments of this state.

680.010.    This title shall be known and may be cited as the
Enforcement of Judgments Law.

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

680.120.  "Account debtor" means "account debtor" as defined in
Section 9105 of the Commercial Code.

680.130.  "Account receivable" means "account" as defined in
Section 9106 of the Commercial Code.

680.140.  "Chattel paper" means "chattel paper" as defined in
Section 9105 of the Commercial Code.

680.145.  "Child support" includes family support.  680.150.  "Costs"
means costs and disbursements, including but not limited to statutory
fees, charges, commissions, and expenses.

680.160.  "Court" means the court where the judgment sought to be
enforced was entered.

680.170.  "Deposit account" means "deposit account" as defined in
Section 9105 of the Commercial Code.  680.180.  "Document of title"
means "document" as defined in Section 9105 of the Commercial Code.  A
document of title is negotiable if it is negotiable within the meaning
of Section 7104 of the Commercial Code.

680.190.  "Equity" means the fair market value of the interest of the
judgment debtor in property, or in the case of community property the
fair market value of the interest of the judgment debtor and the
spouse of the judgment debtor in the property, over and above all
liens and encumbrances on the interest superior to the judgment
creditor's lien.

680.200.  "Financial institution" means a state or  national bank,
state or federal savings and loan association or credit union, or like
organization, and includes a corporation engaged in a safe deposit
business.

680.210.  "General intangibles" means "general intangibles", as
defined in Section 9106 of the Commercial Code, consisting of rights
to payment.

680.220.  "Instrument" means "instrument", as defined in Section 9105
of the Commercial Code, but does not include a security.

680.230.  "Judgment" means a judgment, order, or decree entered in a
court of this state.

680.240.  "Judgment creditor" means the person in whose favor a
judgment is rendered or, if there is an assignee of record, means the
assignee of record.  Unless the context otherwise requires, the term
also includes the guardian or conservator of the estate, personal
representative, or other successor in interest of the judgment
creditor or assignee of record.

680.250.  "Judgment debtor" means the person against whom
a judgment is rendered.

680.260.  "Levying officer" means the sheriff, marshal, or constable.

680.270.  "Money judgment" means that part of a judgment that requires
the payment of money.

680.280.  "Person" includes a natural person, a corporation, a
partnership or other unincorporated association, a general partner of
a partnership, and a public entity.

680.290.  "Personal property" includes both tangible
and intangible personal property.

680.300.  "Principal amount of the judgment" means the total amount of
the judgment as entered or as last renewed, together with the costs
thereafter added to the judgment pursuant to Section 685.090, reduced
by any partial satisfactions of such amount and costs and by any
amounts no longer enforceable.

680.310.  "Property" includes real and personal property and
any interest therein.

680.320.  "Real property" includes any right in real property,
including but not limited to a leasehold interest in real property.

680.330.  "Registered process server" means a person registered as a
process server pursuant to Chapter 16 (commencing with Section 22350)
of Division 8 of the Business and Professions Code.

680.340.  "Secured party" means "secured party" as defined in
Section 9105 of the Commercial Code.

680.345.  "Security" means a "security" as defined in Section 8102 of
the Commercial Code.

680.350.  "Security agreement" means "security agreement" as defined
in Section 9105 of the Commercial Code.

680.360.  "Security interest" means "security interest" as defined in
Section 1201 of the Commercial Code.

680.365.  "Spousal support" includes support for a former spouse.

680.370.  "Tangible personal property" includes chattel paper,
documents of title, instruments, securities, and money.

680.380.  "Writ" includes a writ of execution, a writ of possession of
personal property, a writ of possession of real property, and a writ
of sale.

681.010.    Except as otherwise provided by statute:

(a)    A money judgment is enforceable as provided in
Division 2 (commencing with Section 695.010).

(b)    A judgment for possession of personal property is
enforceable as provided  in Chapter 2 (commencing with 
Section 714.010) of Division 3.

(c)    A judgment for possession of real property is enforceable as
provided in Chapter 3 (commencing with Section 715.010) of
Division 3.

(d)    A judgment for sale of real or personal property is
enforceable as provided in Chapter 4 (commencing with 
Section 716.010) of Division 3.

(e)    A judgment requiring performance of an act not described in
subdivisions (a) to (d), inclusive, or requiring forbearance from
performing an act, is enforceable as provided in Chapter 5 (commencing
with Section 717.010) of Division 3.

681.020.  An assignee of a judgment is not entitled to enforce the
judgment under this title unless an acknowledgment of assignment of
judgment to that assignee has been filed under Section 673 or the
assignee has otherwise become an assignee of record.

681.030.  (a) The Judicial Council may provide by rule for the
practice and procedure in proceedings under this title.

(b)    The Judicial Council may prescribe the form of the
applications, notices, orders, writs, and other papers to be used
under this title.  The Judicial Council may prescribe forms in
languages other than English.  The timely completion and return
of a Judicial Council form prescribed in a language other than
English has the same force and effect as the timely completion
and return of an English language form.

(c)    The Judicial Council shall prepare a form containing both of
the following:

(1)    A list of each of the federal and this state's exemptions
from enforcement of a money judgment against a natural person.

(2)    A citation to the relevant statute of the United States
or this state which creates each of the exemptions.

681.040.  If a paper is required or permitted to be filed with a
levying officer under this title, the paper is considered filed when
it is actually received by the levying officer.

681.050.  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 this title which can be given effect
without the invalid provision or application, and to this end the
provisions of this title are severable.

683.010.    Except as otherwise provided by statute or in the
judgment, a judgment is enforceable under this title upon entry.

683.020.  Except as otherwise provided by statute, upon the
expiration of 10 years after the date of entry of a money judgment
or a judgment for possession or sale of property:

(a)    The judgment may not be enforced.

(b)    All enforcement procedures pursuant to the judgment or to a
writ or order issued pursuant to the judgment shall cease.

(c)    Any lien created by an enforcement procedure pursuant to the
judgment is extinguished.

683.030.  If a money judgment is payable in installments, the 10-
year period of enforceability prescribed by Section 683.020 runs
as to each installment from  the date the installment becomes due
and runs as to costs from the date the costs are added to the
judgment pursuant to Section 685.090.

683.040.  If the judgment creditor applies for a writ for the
enforcement of a judgment and the application is made more than 10
years after the date the judgment was entered or renewed, the
application shall be accompanied by an affidavit of a person having
knowledge of the facts stating facts showing that the issuance of the
writ sought in the application is not barred under this chapter.  A
copy of the affidavit shall be attached to the writ when issued.

683.050.  Nothing in this chapter limits any right the judgment
creditor may have to bring an action on a judgment, but any such
action shall be commenced within the period prescribed by Section 337.5.

683.110.  (a) The period of enforceability of a money judgment or a
judgment for possession or sale of property may be extended by renewal
of the judgment as provided in this article.

(b) A judgment shall not be renewed under this article if the
application for  renewal is filed within five years from the time the
judgment was previously renewed under this article.

683.120.  (a) The judgment creditor may renew a judgment by filing an
application for renewal of the judgment with the court in which the
judgment was entered.

(b) Except as otherwise provided in this article, the filing of the
application renews the judgment in the amount determined under
Section 683.150 and extends the period of enforceability of the judgment
as renewed for a period of 10 years from the date the application is
filed.

(c)    In the case of a money judgment payable in installments, for
the purposes of enforcement and of any later renewal, the amount
of the judgment as renewed shall be treated as a lump-sum money
judgment entered on the date the application is filed.

683.130.  (a) In the case of a lump-sum money judgment or a judgment
for possession or sale of property, the application for renewal of the
judgment may be filed at any time before the expiration of the 10-year
period of enforceability provided by Section 683.020 or, if the
judgment is a renewed judgment, at any time before the expiration of
the 10-year period of enforceability of the renewed judgment provided
by Section 683.120.

(b) Except as otherwise specified in subdivision c, in the case of a
money judgment payable in installments, the application for renewal of
the judgment may be filed:

(1)    If the judgment has not previously been renewed, at any time
as to past due amounts that at the time of filing are not barred
by the expiration of the 10-year period of enforceability
provided by Sections 683.020 and 683.030.

(2)    If the judgment has previously been renewed, within the time
specified by subdivision (a) as to the amount of the judgment as
previously renewed and, as to any past due amounts that became
due and payable after the previous renewal, at any time before
the expiration of the 10-year period of enforceability provided
by Sections 683.020 and 683.030.

(c)    (1) Notwithstanding any other provision of law, a
judgment for child support, spousal support, or family
support, or a judgment for reimbursement that includes, but is
not limited to, reimbursement arising under Section 11350 of
the Welfare and Institutions Code or other arrearages, and
including all lawful interest and penalties computed thereon,
is exempt from any requirement that judgments be renewed.  A
judgment for child, spousal, or family support, or a judgment
for reimbursement or other arrearages, and including all
lawful interest and penalties computed thereon, is enforceable
until paid in full.

(2)    In the case of a money judgment whether payable in
installments or not, for the payment of child support, spousal
support, or family support, or for reimbursement or arrearages,
and including all lawful interest computed thereon, an
application for renewal of the judgment may be filed:

(A)    If the judgment has not previously been renewed as to
past due amounts, at any time.

(B)    If the judgment has previously been renewed, the amount
of the judgment as previously renewed and any past due amount
that became due and payable after the previous renewal may be
renewed at any time after five years has elapsed from the time
the judgment was previously renewed.

683.140.  The application for renewal of the judgment shall be
executed under oath and shall include all of the following:

(a)    The title of the court where the judgment is entered and the
cause and number of the action.

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

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

(d)    In the case of a money judgment, the information necessary
to compute the amount of the judgment as renewed.  In the case of
a judgment for possession or sale of property, a description of
the performance remaining due.

683.150.  (a) Upon the filing of the application, the court clerk shall
enter the renewal of the judgment in the court records.

(b)    In the case of a money judgment, the entry of renewal
shall show the amount of the judgment as renewed.  Except as
provided in subdivisions c and (d), this amount is the amount
required to satisfy the judgment on the date of the filing of
the application for renewal and includes the fee for the
filing of the application for renewal.

(c)    In the case of a money judgment payable in installments
not previously renewed, the amount of the judgment as renewed
is the total of the past due installments, the costs added to
the judgment pursuant to Section 685.090, and the accrued
interest, which remains unsatisfied and is enforceable on the
date of the filing of the application for renewal and includes
the fee for the filing of the application for renewal.

(d)    In the case of a money judgment payable in installments
previously renewed, the amount of the judgment as renewed
under the latest renewal is the total of the following which
remains unsatisfied and is enforceable on the date of the
filing of the application for the latest renewal:

(1)    The amount of the judgment as renewed under the
previous renewal.

(2)    The past due installments that became due and payable
after the previous renewal.

(3)    The costs that have been added to the judgment pursuant
to Section 685.090 after the previous renewal.

(4)    The interest that has accrued on the amounts described
in paragraphs (1), (2), and (3) since the last renewal.

(5)    The fee for filing the application for renewal.

(e)    In the case of a judgment for possession or sale of
property, the entry of renewal shall describe the performance
remaining due.

683.160.  (a) The judgment creditor shall serve a notice of renewal of
the judgment on the judgment debtor.  Service shall be made personally
or by first-class mail and proof of service shall be filed with the
court clerk.  The 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 or modify the
renewal.

(b) Until proof of service is filed pursuant to subdivision (a), no
writ may be issued, nor may any enforcement proceedings be commenced
to enforce the judgment, except to the extent that the judgment would
be enforceable had it not been  renewed.

683.170.  (a) The renewal of a judgment pursuant to this article may be
vacated on any ground that would be a defense to an
action on the judgment, including the ground
that the amount of the renewed judgment as entered pursuant to this
article is incorrect, and shall be vacated if the application for
renewal was filed within five years from the time the judgment was
previously renewed under this article.

(b)    Not later than 30 days after service of the notice of
renewal pursuant to Section 683.160, the judgment debtor may
apply by noticed motion under this section for an order of the
court vacating the renewal of the judgment.  The notice of motion
shall be served on the judgment creditor.  Service shall be made
personally or by mail.

(c)    Upon the hearing of the motion, the renewal may be ordered
vacated upon any ground provided in subdivision (a), and another
and different renewal may be entered, including, but not limited
to, the renewal of the judgment in a different amount if the
decision of the court is that the judgment creditor is entitled
to renewal in a different amount.

683.180.  (a) If a judgment lien on an interest in real property has
been created pursuant to a money judgment and the judgment is renewed
pursuant to this article, the duration of the judgment lien is
extended until 10 years from the date of the filing of the application
for renewal if, before the expiration of the  judgment lien, a
certified copy of the application for renewal is recorded with the
county recorder of the county where the real property subject to the
judgment lien is located.

(b) A judgment lien on an interest in real property that has been
transferred subject to the lien is not extended pursuant to
subdivision (a) if the transfer was recorded before the application
for renewal was filed unless both of the following requirements are
satisfied:

(1)    A copy of the application for renewal is personally served
on the transferee.

(2)    Proof of such service is filed with the court clerk within 90
days after the filing of the application for renewal.

683.190.  If a lien (other than a judgment lien on an interest in
real property or an execution lien) has been created by an
enforcement procedure pursuant to a judgment and the judgment is
renewed pursuant to this article, the duration of the lien is
extended, subject to any other limitations on its duration under
this title, until 10 years from the date of the filing of the
application for renewal of the judgment if, before the expiration
of the lien, a certified copy of  the application for renewal is
served on or filed with the same person and in the same manner as
the notice or order that created the lien.

683.200.  If a judgment is renewed pursuant to this article, any
enforcement proceeding previously commenced pursuant to the judgment
or to a writ or order issued pursuant to the judgment that would have
ceased pursuant to Section 683.020 had the judgment not been renewed
may be continued, subject to any other limitations provided in this
title, if, before the expiration of the prior 10-year period of
enforceability, a certified copy of the application for renewal of the
judgment is filed with the levying officer, receiver, or other officer
acting pursuant to such writ or order or, in other cases, is filed in
the enforcement proceeding.

683.210.  A judgment may be renewed notwithstanding any stay of
enforcement of the judgment, but the renewal of the judgment does not
affect the stay of enforcement.

683.220.  If a judgment is renewed pursuant to this article, the date
of the filing of the application for renewal shall be deemed to be the
date that the period for commencing an action on the renewed judgment
commences to run under Section 337.5.

683.310.  Except as otherwise provided in Section 4502
of the Family Code, this chapter does not
apply to a judgment or order made or entered pursuant to the Family
Code.

683.320.  This chapter does not apply to a money judgment
against a public entity that is subject to Section 965.5 or 970.1
of the Government Code.

684.010.  Subject to Chapter 1 (commencing with Section 283) of Title 5
of Part 1 of this code and Section 215 of the Family Code, when a
notice, order, or other paper is required to be served under this
title on the judgment creditor, it shall be served on the judgment
creditor's attorney of record rather than on the judgment creditor if
the judgment creditor has an attorney of record.

684.020.  (a) Except as provided in subdivision (b), when a writ,
notice, order, or other paper is required to be served under this
title on the judgment debtor, it shall be served on the judgment
debtor instead of the attorney for the judgment debtor.

(b) The writ, notice, order, or other paper shall be served on the
attorney specified by the judgment debtor rather than on the judgment
debtor if all of the following requirements are satisfied:

(1)    The judgment debtor has filed with the court and served on
the judgment creditor a request that service on the judgment
debtor under this title be made by serving the attorney specified
in the request.  Service on the judgment creditor of the request
shall be made personally or by mail.  The request shall include a
consent, signed by the attorney, to receive service under this
title on behalf of the judgment debtor.

(2)    The request has not been revoked by the judgment debtor.

(3)    The consent to receive service has not been revoked by the
attorney.

(c)    A request or consent under subdivision (b) may be revoked
by filing with the court a notice revoking the request or
consent.  A copy of the notice revoking the request or consent
shall be served on the judgment creditor.  Service shall be
made personally or by mail.  The judgment creditor is not
bound by the revocation until the judgment creditor has
received a copy of the notice revoking the request or consent.

684.030.  Sections 684.010 and 684.020 do not apply to either of the
following:

(a)    A subpoena or other process to require the attendance of a
party.

(b)    A paper to bring a party into contempt.

684.040.  If service on an attorney is required under this article,
service on the attorney shall be made in any of the following ways:

(a)    By personal delivery to the attorney.

(b)    By service in the manner provided in subdivision (1) of
Section 1011.

(c)    By mail in the manner provided in Section 684.120.

684.050.  Service on the attorney for the judgment creditor or the
judgment debtor pursuant to the provisions of this article constitutes
service on the judgment creditor or judgment debtor for the purposes
of this title.

684.110.  (a) Subject to subdivisions (b), c, and (d), if a writ,
notice, order, or other paper is required to be personally served
under this title, service shall be made in the same manner as a
summons is served under Chapter 4 (commencing with Section 413.10) of
Title 5.

(b) If the paper is required to be personally served under this title
and service on an attorney is required under Article 1 (commencing
with Section 684.010), service shall be made on the attorney in the
manner provided in Section 684.040.

(c)    If the service is on (1) a financial institution, (2) a
title insurer (as defined in Section 12340.4 of the Insurance
Code) or underwritten title company  (as defined in Section 12340.5
of the Insurance Code), or (3) an industrial loan company (as
defined in Section 18003 of the Financial Code), service shall be made
at the office or branch that has actual possession of the property
levied upon or at which a deposit account levied upon is carried and
shall be made upon the officer, manager, or other person in charge of
the office or branch at the time of service.

(d)    Subject to subdivision c, if a levy is made by personally
serving a copy of the writ and notice of levy on a third person,
service on the third person shall be made in the same manner as a
summons may be served under Section 415.10 or 415.20.

684.120.  (a) Except as otherwise provided in this title, if a writ,
notice, order, or other paper is to be served by mail under this
title, it shall be sent by first-class mail (unless some other type of
mail is specifically required) and shall be deposited in a post
office, mailbox, sub-post office, substation, mail chute, or other
like facility regularly maintained by the United States Postal
Service, in a sealed envelope, with postage paid, addressed as
follows:

(1)    If an attorney is being served in place of the judgment
creditor or judgment debtor as provided in Section 684.010 or 684.020,
to the attorney at the last address given by the
attorney on any paper filed in the proceeding and served on the
party making the service.

(2)    If any other person is being served, to such person at the
person's current mailing address if known or, if unknown, at the
address last given by the person on any paper filed in the
proceeding and served on the party making the service.

(3)    If the mailing cannot be made as provided in paragraph

(1)    or (2), to the person at the person's last known address.

(b) Service by mail is complete at the time of deposit; but, unless
the court prescribes a shorter period of time, 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 a
paper is served by mail is extended:

(1)  Five days if the place of address is within the State of
California.

(2)  Ten days if the place of address is outside the State of
California but within the United States.

(3)  Twenty days if the place of address is outside the United
States.

(c)    The writ, notice, order, or other paper served by mail under
this section 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.  This subdivision is directory only.

684.130.  (a) If the levying officer is required by any provision of
this title to serve any writ, order, notice, or other paper on any
person, the judgment creditor shall include in the instructions to the
levying officer the correct name and address of the person.  The
judgment creditor shall use reasonable diligence to ascertain the
correct name and address of the person.

(b) Unless the levying officer has actual knowledge that the name or
address included in the instructions is incorrect, the levying officer
shall rely on the instructions in serving the writ, order, notice, or
other paper on the person.  684.140.  If a provision of this title
provides for service by the levying officer of an order, notice, or
other paper that runs in favor of a particular person, personal
service of the paper may be made by the person or the person's agent
if the levying officer gives permission.  The levying officer's
permission may be evidenced by a certificate signed by the levying
officer.  This section does not authorize the levying officer to give
permission to serve a writ or notice of levy.  If service is made by a
person or the person's agent pursuant to this section, the cost of the
service is not a recoverable cost.  Nothing in this section limits the
authority of a registered process server provided in this title.

684.210.  If service of notice of a court hearing is required under
this title, proof of service of the notice shall be made at or before
the hearing to the satisfaction of the court.

684.220.  Proof of service or of posting or publication under this
title may be made by, but is not limited to, the following means:

(a)    If service is made in the same manner as a summons is served
under Chapter 4 (commencing with Section 413.10) of Title 5,
proof of service may be made in the manner provided in
Article 5 (commencing with Section 417.10) of that chapter.

(b)    If service is made in the same manner as a summons is served
under Section 415.10 or 415.20, proof of service may be made by
affidavit of the person making the service showing the time,
place, and manner of service and the facts showing that the
service was made in accordance with the applicable statutory
provisions.  The affidavit shall recite or in other manner show
the name of the person to whom the papers served were delivered
and, if appropriate, the title of the person or the capacity in
which the person was served.

(c)    Proof of service by mail as provided in Section 684.120 may
be made in the manner prescribed in Section 1013a.

(d)    Proof of posting may be made by the affidavit of the person
who posted the notice, showing the time and place of posting.

(e)    Proof of publication may be made by the affidavit of the
publisher or printer, or the foreman or principal clerk of the
publisher or printer, showing the time and place of publication.

(f)    Proof of service may be made by the written admission of the
person served.

(g)    Proof of service however made, or of posting or publication,
may be made by testimonial evidence.

684.310.  Except for Sections 684.130 and 684.140, the provisions of
Article 1 (commencing with Section 684.010) and Article 2 (commencing
with Section 684.110) do not apply to service under Chapter 5 (commencing
with Section 706.010) of Division 2 (wage garnishment).

685.010.  (a) Interest accrues at the rate of 10 percent per annum on
the principal amount of a money judgment remaining unsatisfied.

(b) The Legislature reserves the right to change the rate of interest
provided in subdivision (a) at any time to a rate of less than 10
percent per annum, regardless of the date of entry of the judgment or
the date any obligation upon which the judgment is based was incurred.
A change in the rate of interest may be made applicable only to the
interest that accrues after the operative date of the statute that
changes the rate.

685.020.  (a) Except as provided in subdivision (b), interest
commences to accrue on a money judgment on the date of entry of the
judgment.

(b) Unless the judgment otherwise provides, if a money judgment is
payable in  installments, interest commences to accrue as to each
installment on the date the installment becomes due.

685.030.  (a) If a money judgment is satisfied in full pursuant to a
writ under this title, interest ceases to accrue on the judgment:

(1)    If the proceeds of collection are paid in a lump sum, on the
date of levy.

(2)    If the money judgment is satisfied pursuant to an earnings
withholding order, on the date and in the manner provided in
Section 706.024 or Section 706.028.

(3)    In any other case, on the date the proceeds of sale or
collection are actually received by the levying officer.

(b)    If a money judgment is satisfied in full other than
pursuant to a writ under this title, interest ceases to accrue
on the date the judgment is satisfied in full.

(c)    If a money judgment is partially satisfied pursuant to a
writ under this title or is otherwise partially satisfied,
interest ceases to accrue as to the part satisfied on the date
the part is satisfied.

(d)    For the purposes of subdivisions (b) and c, the date a
money judgment is satisfied in full or in part is the earliest
of the following times:

(1)    The date satisfaction is actually received by the
judgment creditor.

(2)    The date satisfaction is tendered to the judgment
creditor or deposited in court for the judgment creditor.

(3)    The date of any other performance that has the effect
of satisfaction.

(e)    The clerk of a municipal or justice court may enter in
the Register of Actions a writ of execution on a money
judgment as returned wholly satisfied when the judgment
amount, as specified on the writ, is fully collected and only
an interest deficit of no more than ten dollars ($10) exists,
due to automation of the continual daily interest accrual
calculation.

685.040.  The judgment creditor is entitled to the reasonable and
necessary costs of enforcing a judgment.  Attorney's fees incurred in
enforcing a judgment are not included in costs collectible under this
title unless otherwise provided by law.

Attorney's fees incurred in enforcing a judgment are included as
costs collectible under this title if the underlying judgment
includes an award of attorney's fees to the judgment creditor
pursuant to subparagraph (A) of paragraph (10) of subdivision (a)
of Section 1033.5.

685.050.  (a) If a writ is issued pursuant to this title to enforce
a judgment, the costs and interest to be satisfied in a levy under
the writ are the following:

(1)    The statutory fee for issuance of the writ.

(2)    The amount of interest that has accrued from the date of
entry or renewal of the judgment to the date of issuance of the
writ, as adjusted for partial satisfactions, if the judgment
creditor has filed an affidavit with the court clerk stating such
amount.

(3)    The amount of interest that accrues on the principal amount
of the judgment remaining unsatisfied from the date of issuance
of the writ until the date interest ceases to accrue.

(4)    The levying officer's statutory costs for performing the
duties under the writ.

(b)    In a levy under the writ, the levying officer shall do all of
the following:

(1)    Collect the amount of costs and interest entered on the writ
pursuant to paragraphs (1) and (2) of subdivision (a).

(2)    Compute and collect the amount of additional interest
required to be collected by paragraph (3) of subdivision (a) by
reference to the daily interest entered on the writ.  If amounts
collected periodically do not fully satisfy the money judgment,
the levying officer may, pursuant to a policy adopted by the
office of the levying officer, adjust the amount of daily
interest to reflect the partial satisfactions, and make later
collections by reference to the adjusted amount of daily
interest.

(3)    Determine and collect the amount of additional costs
pursuant to paragraph (4) of subdivision (a).

685.070.  (a) The judgment creditor may claim under this section the
following costs of enforcing a judgment:

(1)    Statutory fees for preparing and issuing, and recording and
indexing, an abstract of judgment or a certified copy of a
judgment.

(2)    Statutory fees for filing a notice of judgment lien on
personal property.

(3)    Statutory fees for issuing a writ for the enforcement of the
judgment to the extent that the fees are not satisfied pursuant
to Section 685.050.

(4)    Statutory costs of the levying officer for performing the
duties under a writ to the extent that the costs are not
satisfied pursuant to Section 685.050 and the statutory fee of
the levying officer for performing the duties under the Wage
Garnishment Law to the extent that the fee has not been satisfied
pursuant to the wage garnishment.

(5)    Costs incurred in connection with any proceeding under
Chapter 6 (commencing with Section 708.010) of Division 2 that have
been approved as to amount, reasonableness, and necessity by the judge
or referee conducting the proceeding.

(6)    Attorney's fees, if allowed by Section 685.040.

(b) Before the judgment is fully satisfied but not later than two
years after the costs have been incurred, the judgment creditor
claiming costs under this section shall file a memorandum of costs
with the court clerk and serve a copy on the judgment debtor.  Service
shall be made personally or by mail.  The memorandum of costs shall be
executed under oath by a person who has knowledge of the facts and
shall state that to the person's best knowledge and belief the costs
are correct, are reasonable and necessary, and have not been
satisfied.

(c)    Within 10 days after the memorandum of costs is served on
the judgment debtor, the judgment debtor may apply to the court
on noticed motion to have the costs taxed by the court.  The
notice of motion shall be served on the judgment creditor.
Service shall be made personally or by mail.  The court shall
make an order allowing or disallowing the costs to the extent
justified under the circumstances of the case.

(d)    If no motion to tax costs is made within the time
provided in subdivision c, the costs claimed in the memorandum
are allowed.

(e)    If a memorandum of costs for the costs specified in
subdivision (a) is filed at the same time as an application
for a writ of execution, these statutory costs not already
allowed by the court in an amount not to exceed one hundred
dollars ($100) in the aggregate may be included in the amount
specified in the writ of execution, subject to subsequent
disallowance as ordered by the court pursuant to a motion to
tax if filed by the debtor.   The memorandum of costs shall
contain the following statement:  "The fees sought under this
memorandum may be disallowed by a court upon a motion to tax
filed by the debtor notwithstanding the fees having been
included in the writ of execution."  The inclusion of the
above costs in the writ of execution or the pendency of the
motion to tax on these costs shall not be cause for the clerk
of the court to delay issuing the writ of execution or for the
levying officer to delay enforcing the writ of execution.

685.080.  (a) The judgment creditor may claim costs authorized by
Section 685.040 by noticed motion.  The motion shall be made before
the judgment is satisfied in full, but not later than two years after
the costs have been incurred.  The costs claimed under this section
may include, but are not limited to, costs that may be claimed under
Section 685.070 and costs incurred but not approved by the court or
referee in a proceeding under Chapter 6 (commencing with
Section 708.010) of Division 2.

(b)    The notice of motion shall describe the costs claimed, shall
state their amount, and shall be supported by an affidavit of a
person who has knowledge of the facts stating that to the
person's best knowledge and belief the costs are correct, are
reasonable and necessary, and have not been satisfied.  The
notice of motion shall be served on the judgment debtor.  Service
shall be made personally or by mail.

(c)    The court shall make an order allowing or disallowing the
costs to the extent justified under the circumstances of the
case.

685.090.  (a) Costs are added to and become a part of the
judgment:

(1)    Upon the filing of an order allowing the costs pursuant to
this chapter.

(2)    If a memorandum of costs is filed pursuant to Section 685.070
and no motion to tax is made, upon the expiration of the time
for making the motion.

(b) The costs added to the judgment pursuant to this section are
included in the principal amount of the judgment remaining
unsatisfied.

(c)    If a writ or earnings withholding order is outstanding at
the time the costs are added to the judgment pursuant to this
section, the levying officer shall add the amount of those costs
to the amount to be collected pursuant to the writ or earnings
withholding order if the levying officer receives either of the
following before the writ or earnings withholding order is
returned:

(1)    A certified copy of the court order allowing the costs.

(2)    A certificate from the clerk of the court that the costs
have been added to the judgment where the costs have been
added to the judgment after a memorandum of costs has been
filed pursuant to Section 685.070 and no motion to tax has
been made within the time allowed for making the motion.

(d)    The levying officer shall include the costs described in
subdivision c in the amount of the sale or collection distributed
to the judgment creditor only if the levying officer receives the
certified copy of the court order or the clerk's certificate
before the distribution is made.

685.095.  When a writ is served by a levying officer or registered
process server, the costs for that service, as determined pursuant to
Section 1033.5, shall be added to and become part of the judgment.


685.100.  (a) Except as otherwise provided by law:

(1)    As a prerequisite to the performance by the levying officer
of a duty under this title, the judgment creditor shall deposit a
sum of money with the levying officer sufficient to pay the costs
of performing the duty.

(2)    As a prerequisite to the taking of property into custody by
the levying officer, whether by keeper or otherwise, the judgment
creditor shall deposit with the levying officer a sum of money
sufficient to pay the costs of taking the property and keeping it
safely for a period not to exceed 15 days.  If continuation of
the custody of the property is required, the levying officer
shall, from time to time, demand orally or in writing that the
judgment creditor deposit additional amounts to cover estimated
costs for periods not to exceed 30 days each.  A written demand
may be mailed or delivered to the judgment creditor.  The
judgment creditor has not less than three business days after
receipt of the demand within which to comply with the demand.  If
the amount demanded is not paid within the time specified in the
oral or written demand, the levying officer shall release the
property.

(b) The levying officer is not liable for failure to take or hold
property unless the judgment creditor has complied with the provisions
of this section.

685.110.  Nothing in this chapter affects the law relating to
prejudgment interest.

686.010.  After the death of the judgment creditor, the judgment may
be enforced as provided in this title by the judgment creditor's
executor or administrator or successor in interest.

686.020.  After the death of the judgment debtor, enforcement of a
judgment against property in the judgment debtor's estate is governed
by the Probate Code, and not by this title.  687.010.  (a) The
judgment creditor shall give the  levying officer instructions in
writing.  The instructions shall be signed by the judgment creditor's
attorney of record or, if the judgment creditor does not have an
attorney of record, by the judgment creditor.  The instructions shall
contain the information needed or requested by the levying officer to
comply with the provisions of this title, including but not limited
to:

(1)    An adequate description of any property to be levied upon.

(2)    A statement whether the property is a dwelling.

(3)    If the property is a dwelling, whether it is real or
personal property.

(b)    Subject to subdivision c, the levying officer shall act
in accordance with the written instructions to the extent the
actions are taken in conformance with the provisions of this
title.

(c)    Except to the extent the levying officer has actual
knowledge that the information is incorrect, the levying
officer may rely on any information contained in the written
instructions.

687.020.  (a) As used in this section, "instrument" means a check,
draft, money order, or other order for the withdrawal of money from a
financial institution, the United States, any state, or any public
entity within any state.

(b) If an instrument is payable to the judgment debtor on demand and
comes into the possession of a levying officer pursuant to this title,
the levying officer shall promptly endorse and present the instrument
for payment.

(c)    The levying officer shall endorse the instrument by writing
on the instrument (1) the name of the judgment debtor,

(2)    the name and official title of the levying officer, (3) the
title of the court where the judgment is entered, and (4) the date
of entry of the judgment and where entered in the records of the
court.  The endorsement is as valid as if the instrument were
endorsed by the judgment debtor.  No financial institution or
public entity on which the instrument is drawn is liable to any
person for payment of the instrument to the levying officer rather
than to the judgment debtor by reason of the endorsement.
No levying officer is liable by reason of endorsing, presenting,
and obtaining payment of the instrument.

(d)    If it appears from the face of the instrument that it has
been tendered to the judgment debtor in satisfaction of a claim
or demand and that endorsement of the instrument is considered a
release and satisfaction by the judgment debtor of the claim or
demand, the levying officer shall not endorse the instrument
unless the judgment debtor has first endorsed it to the levying
officer.  If the judgment debtor does not endorse the instrument
to the levying officer, the levying officer shall hold the
instrument for 30 days and is not liable to the judgment debtor
or to any other person for delay in presenting it for payment.
At the end of the 30-day holding period, the levying officer
shall return the instrument to the maker.

687.030.  Except as otherwise provided by statute, where the method of
levy upon property requires that the property be taken into custody or
where the levying officer is otherwise directed to take property into
custody, the levying officer may do so by any of the following
methods:

(a)    Removing the property to a place of safekeeping.

(b)    Installing a keeper.

(c)    Otherwise obtaining possession or control of the property.

687.040.  (a) The levying officer or registered process server is not
liable for actions taken in conformance with the provisions of this
title, including actions taken in conformance with the provisions of
this title in reliance on information contained in the written
instructions of the judgment creditor, or in reliance on information
provided to the levying officer by a registered process server
pursuant to subdivision (d) of Section 699.080 or subdivision (e) of
Section 706.101 or subdivision (b) of Section 715.040 or other
provision, except to the extent the levying officer or registered
process server has actual knowledge that the information is incorrect.
Nothing in this subdivision limits any liability the judgment creditor
may have if the levying officer or registered process server acts on
the basis of incorrect information given in the written instructions.

(b) Unless the levying officer is negligent in the care or handling of
the property, the levying officer is not liable to either the judgment
debtor or the judgment creditor for loss by fire, theft, injury, or
damage of any kind to personal property while (1) in the possession of
the levying officer either in a warehouse or other storage place or in
the custody of a keeper or (2) in transit to or from a warehouse or
other storage place.

687.050.  The levying officer has a special lien, dependent upon
possession, on personal property levied upon in the amount of the
levying officer's costs for which an advance has not been made.

688.010.  For the purpose of the remedies provided under this article,
jurisdiction is conferred upon any of the following courts:

(a)    The superior court, regardless whether the municipal or
justice court also has jurisdiction under subdivision (b).

(b)    The municipal or justice court if (1) the amount of
liability sought to be collected does not exceed the
jurisdictional amount of the court and (2) the legality of the
liability being enforced is not contested by the person against
whom enforcement is sought.

688.020.  (a) Except as otherwise provided by statute, whenever a
warrant may  properly be issued by the state, or by a department
or agency of the state, pursuant to any provision of the Public
Resources Code, Revenue and Taxation Code, or Unemployment
Insurance Code, and the warrant may be levied with the same
effect as a levy pursuant to a writ of execution, the state or
the department or agency of the state authorized to issue the
warrant may use any of the remedies available to a judgment
creditor, including but not limited to, those provided in
Chapter 6 (commencing with Section 708.010) of Division 2.

(b)    The proper court for the enforcement of such remedies is a
court of any of the following counties:

(1)    The county where the debtor resides.

(2)    The county where the property against which enforcement
is sought is located.

(3)    If the debtor does not reside in this state, any county
of this state.

688.030.  (a) Whenever pursuant to any provision of the Public
Resources Code, Revenue and Taxation Code (excluding Sections 3201
to 3204, inclusive), or Unemployment Insurance Code, property is levied
upon pursuant to a warrant or notice of levy issued by the state or by
a department or agency of the state for the collection of a liability:

(1)    If the debtor is a natural person, the debtor is entitled to
the same exemptions to which a judgment debtor is entitled.
Except as provided in subdivisions (b) and c, the claim of
exemption shall be made, heard, and determined as provided in
Chapter 4 (commencing with Section 703.010) of Division 2 in the
same manner as if the property were levied upon under a writ of
execution.

(2)    A third person may claim ownership or the right to
possession of the property or a security interest in or lien on
the property.  Except as provided in subdivisions (b) and c or as
otherwise provided by statute, the third-party claim shall be
made, heard, and determined as provided in Division 4 (commencing
with Section 720.010) in the same manner as if the property were
levied upon under  a writ of execution.

(b)    In the case of a levy pursuant to a notice of levy:

(1)    The claim of exemption or the third-party claim shall
be filed with the state department or agency that issued the
notice of levy.

(2)    The state department or agency that issued the notice
of levy shall perform the duties of the levying officer,
except that the state department or agency need not give
itself the notices that the levying officer is required to
serve on a judgment creditor or creditor or the notices that
a judgment creditor or creditor is required to give to the
levying officer.

The state department or agency in performing the duties of the levying
officer under this paragraph has no obligation to search public
records or otherwise seek to determine whether any lien or encumbrance
exists on property sold or collected.

(c)    A claim of exemption or a third-party claim pursuant to this
section shall be heard and determined in the court specified in
Section 688.010 in the county where the property levied upon is
located.

688.040.  For the purpose of this article, as used in this title:

(a)    "Judgment creditor" or "creditor" means the state or the
department or agency of the state seeking to collect the
liability.

(b)    "Judgment debtor" or "debtor" means the debtor from whom the
liability is sought to be collected.

688.050.  For the purpose of applying Section 694.080, 703.050,
or 703.100, the date of creation of a tax lien is the earliest of
the following times:

(a)    The time when a notice of state tax lien is recorded or
filed pursuant to  Chapter 14 (commencing with Section 7150) of
Division 7 of Title 1 of the Government Code.

(b)    The time when the property is levied upon pursuant to a
warrant or notice of levy or notice to withhold issued by the
state or by a department or agency of the state.

(c)    The time when any other act is performed that creates or
perfects a lien on specific property as distinguished from a lien
on the debtor's property generally.

688.110.  Except as otherwise provided by statute, if a judgment is
entered on a claim for taxes by a public entity, the judgment is
enforceable pursuant to this title in the same manner as any other
money judgment.


694.010.  As used in this chapter:

(a)    "Operative date" means July 1, 1983.

(b)    "Prior law" means the applicable law in effect on
June 30, 1983.

694.020.  Except as otherwise provided in this chapter, this title on
and after its operative date applies to all proceedings commenced
prior thereto unless in the opinion of the court application of a
particular provision of this title would substantially interfere with
the effective conduct of the proceedings or the rights of the parties
or other interested persons, in which case the particular provision of
this title does not apply and prior law applies.

694.030.  (a) Except for a judgment described in Section 683.310
or 683.320, the period for enforcement of a money judgment or a judgment
for possession or sale of property entered prior to the operative date
is governed on and after the operative date by Chapter 3 (commencing
with Section 683.010).

(b)    Notwithstanding subdivision (a), even though a judgment to
which subdivision (a) applies is not renewable pursuant to
Chapter 3 (commencing with Section 683.010) because the time for
filing an application for renewal has expired, the judgment may
be renewed under Chapter 3 (commencing with Section 683.010) if
the court which entered the judgment determines, on noticed
motion filed within two years after the operative date, that
authority to enforce the judgment after the 10-year period
provided in former Section 681 would have been granted if a
motion had been made under former Section 685 and the court, in
its discretion, makes an order authorizing the renewal of the
judgment.  The notice of motion shall be served personally or by
mail on the judgment debtor.

694.040.  (a) Except as provided in subdivision c, property levied
upon or otherwise subjected to process for enforcement of a money
judgment or a judgment for possession or sale of property prior to the
operative date is subject to prior law relating to sale or delivery of
possession.

(b)    The duties to be performed in the execution of a writ or
order for the enforcement of a money judgment or a judgment for
possession or sale of property that is served prior to the
operative date are governed by prior law.

(c)    The manner of payment at a sale of property pursuant to a
writ or order after the operative date is governed by
Section 701.590.

694.050.  (a) Except as provided in subdivision (b), property
levied upon, or property to be sold upon which foreclosure or
other proceedings for sale have been commenced, prior to the
operative date that would have been sold subject to the right of
redemption under prior law shall be sold subject to the right of
redemption and may be redeemed as provided by prior law.

(b) If the judgment creditor and judgment debtor agree in
writing, property described in subdivision (a) may be sold as
provided in this title rather than subject to the right of
redemption.

(c)    Property sold prior to the operative date subject to the
right of redemption under prior law may be redeemed as provided
by prior law.

694.060.  Notwithstanding Section 708.230, an action may be commenced
pursuant to Section 708.210 within one year after the operative date
if the action could have been commenced under prior law on the day
before the operative date.

694.070.  (a) A third-party claim filed prior to the operative date is
governed by prior law.

(b) A demand for a third-party claim served on a secured party prior
to the operative date is governed by prior law.

694.080.  The exemptions from enforcement of a money judgment provided
by this title do not apply to property levied upon or otherwise subjected to a lien
prior to the operative date.  Whether such property is exempt is
determined by the exemptions provided by law at the time the lien was
created.

694.090.  On and after the operative date, a declaration of
homestead made under prior law pursuant to Title 5 (commencing with
Section 1237) of Part 4 of Division 2 of the Civil Code is effective
only to the extent provided in Article 5 (commencing with Section 704.910)
of Chapter 4 of Division 2.

695.010.  (a) Except as otherwise provided by law, all property of the
judgment debtor is subject to enforcement of a money judgment.

(b) If property of the judgment debtor was attached in the action but
was transferred before entry of the money judgment in favor of the
judgment creditor, the property is subject to enforcement of the money
judgment so long as the attachment lien remains effective.

695.020.  (a) Community property is subject to enforcement of a money
judgment as provided in the Family Code.

(b) Unless the provision or context otherwise requires, if community
property that is subject to enforcement of a money judgment is sought
to be applied to the satisfaction of a money judgment:

(1)    Any provision of this division that applies to the property
of the judgment debtor or to obligations owed to the judgment
debtor also applies to the community property interest of the
spouse of the judgment debtor and to obligations owed to the
other spouse that are community property.

(2)    Any provision of this division that applies to property in
the possession or under the control of the judgment debtor also
applies to community property in the possession or under the
control of the spouse of the judgment debtor.

695.030.  (a) Except as otherwise provided by statute, property of
the judgment debtor that is not assignable or transferable is not subject to
enforcement of a money judgment.

(b) The following property is subject to enforcement of a money
judgment:

(1)    An interest in a trust, to the extent provided by law.

(2)    A cause of action for money or property that is the subject
of a pending action or special proceeding.

695.035.  (a) A lessee's interest in real property may be applied to the
satisfaction of a money judgment in any of the following
circumstances:

(1)    If the lessee has the right voluntarily to sublet the
property or assign the interest in the lease.

(2)    If the lessee has the right voluntarily to sublet the
property or assign the interest in the lease subject to
standards or conditions and the purchaser at the execution
sale or other assignee agrees to comply with the standards or
conditions that would have had to be complied with had the
lessee voluntarily sublet the property or assigned the
interest in the lease.

(3)    If the lessee has the right voluntarily to sublet the
property or assign the interest in the lease with the consent
of the lessor, in which case the obligation of the lessor to
consent to the assignment is subject to the same standard that
would apply had the lessee voluntarily sublet the property or
assigned the interest in the lease.

(4)    In any other case, if the lessor consents in writing.

(b) A provision in a lease for the termination or modification of the
lease upon an involuntary transfer or assignment of the lessee's
interest is ineffective to the extent that such provision would
prevent the application of the lessee' s interest to the satisfaction
of the money judgment under subdivision (a).

695.040.  Property that is not subject to enforcement of a money
judgment may not be levied upon or in any other manner applied to the
satisfaction of a money judgment.  If property that is not subject to
enforcement of a money judgment has been levied upon, the property may
be released pursuant to the claim of exemption procedure provided in
Article 2 (commencing with Section 703.510) of Chapter 4.

695.050.  A money judgment against a public entity is not enforceable
under this division if the money judgment is subject to 
Chapter 1 (commencing with Section 965) of, or Article 1 (commencing
with Section 970) of Chapter 2 of, Part 5 of Division 3.6 of Title 1 of the
Government Code.  695.060.  Except as provided in Section 708.630, a
license issued by a public entity to engage in any business,
profession, or activity is not subject to enforcement of a money
judgment.

695.070.  (a) Notwithstanding the transfer or encumbrance
of property subject to a lien created under this division, if the
property remains subject to the lien after the transfer or
encumbrance, the money judgment may be enforced against the property
in the same manner and to the same extent as if it had not been
transferred or encumbered.

(b) If the judgment debtor dies after the transfer of property that
remains subject to a lien created under this division, the money
judgment may be enforced against the property as provided in
subdivision (a).

695.210.  The amount required to satisfy a money judgment is the total
amount of the judgment as entered  or renewed with the following
additions and subtractions:

(a)    The addition of costs added to the judgment pursuant to
Section 685.090.

(b)    The addition of interest added to the judgment as it accrues
pursuant to Sections 685.010 to 685.030, inclusive.

(c)    The subtraction of the amount of any partial satisfactions
of the judgment.

(d)    The subtraction of the amount of any portion of the judgment
that is no longer enforceable.

695.220.    Money received in satisfaction of a money judgment,
except a money judgment for support, is to be credited as follows:

(a)    The money is first to be credited against the amounts
described in subdivision (b) of Section 685.050 that are
collected by the levying officer.

(b)    Any remaining money is next to be credited against any fee
due the court pursuant to Section 6103.5 or 68511.3 of the
Government Code, which are to be remitted to the court by the
levying officer.

(c)    Any remaining money is next to be credited against the
accrued interest that remains unsatisfied.

(d)    Any remaining money is to be credited against the principal
amount of the judgment remaining unsatisfied.  If the judgment is
payable in installments, the remaining money is to be credited
against the matured installments in the order in which they
matured.

695.221.    Satisfaction of a money judgment for support shall be
credited as follows:

(a)    The money shall first be credited against the current
month's support.

(b)    Any remaining money is next to be credited against the
accrued interest that remains unsatisfied.

(c)    Any remaining money shall be credited against the principal
amount of the judgment remaining unsatisfied.  If the judgment is
payable in installments, the remaining money shall be credited
against the matured installments in the order in which they
matured.

(d)    Notwithstanding subdivisions (a), (b), and c, a collection
received as a result of a tax refund offset shall first be
credited against the interest and then the principal amount of
past due support that has been assigned to the state pursuant to
Section 11477 of the Welfare and Institutions Code and federal
regulations prior to the interest and then principal amount of
any other past-due support remaining unsatisfied.  697.010.
Except as otherwise provided by statute, a lien created under
this division or under Title 6.5 (commencing with 
Section 481.010) (attachment) is a lien for the amount required to
satisfy the money judgment.

697.020.  (a) If a lien is created on property pursuant to 
Title 6.5 (commencing with Section 481.010) (attachment) and after
judgment in the action a lien is created pursuant to this division on the
same property under the same claim while the earlier lien is in effect,
the priority of the later lien relates back to the date the earlier lien
was created.

(b) If a lien is created on property pursuant to this division and a
later lien of the same or a different type is created pursuant to this
division on the same property under the same judgment while the
earlier lien is in effect, the priority of the later lien relates back
to the date the earlier lien was created.

(c)    Nothing in this section affects priorities or rights of
third persons established while the earlier lien was in effect
under the law governing the earlier lien.

697.030.  Subject to Sections 683.180 to 683.200, inclusive, and to
Section 697.040, except where a shorter period is provided by statute,
a lien created pursuant to this title is effective during the period
of enforceability of the judgment.

697.040.  (a) If enforcement of the judgment is stayed on appeal by
the giving of a sufficient undertaking under Chapter 2 (commencing
with Section 916) of Title 13:

(1)    Existing liens created under this division are extinguished.

(2)    New liens may not be created under this division during the
period of the  stay.

(b) Unless the court otherwise expressly orders, a stay of enforcement
of the judgment under Section 918 does not extinguish or prevent the
creation of a lien under  Article 2 (commencing with Section 697.310)
or Article 3 (commencing with Section 697.510); but, unless the court
otherwise expressly orders, no other liens may be created or continued
under this division during the period of the stay of enforcement.

(c)    Unless the court expressly orders otherwise, if enforcement
of the judgment is stayed pursuant to Section 1699 or 1710.50:

(1)    Existing liens created under this division are
extinguished.

(2)    New liens may not be created under this division during
the period of the stay.

697.050.  If a lien created pursuant to this division is extinguished,
property held subject to the lien shall be released unless the
property is to be held under another lien or the property is ordered
by the court to be held pending resolution of a dispute concerning its
proper disposition.

697.060.  (a) An abstract or certified copy of a money judgment of
a court of the United States that is enforceable in
this state may be recorded to create a judgment lien on real property
pursuant to Article 2 (commencing with Section 697.310).

(b) A notice of judgment lien based on a money judgment of a court of
the United States that is enforceable in this state may be filed to
create a judgment lien on personal property pursuant to
Article 3 (commencing with Section 697.510).

697.310.  (a) Except as otherwise provided by statute, a judgment lien
on real property is created under
this section by recording an abstract of a money judgment with the
county recorder.

(b) Unless the money judgment is satisfied or the judgment lien is
released, subject to Section 683.180 (renewal of judgment), a judgment
lien created under this section continues until 10 years from the date
of entry of the judgment.

(c)    The creation and duration of a judgment lien under a money
judgment entered pursuant to Section 85 or 117 of this code or
Section 16380 of the Vehicle Code or under a similar judgment is
governed by this section, notwithstanding that the judgment may
be payable in installments.

697.320.  (a) A judgment lien on real property is created under this
section by recording an abstract or a certified copy of any of the
following money judgments with the county recorder:

(1)    A judgment for child, family, or spousal support payable in
installments.

(2)    A judgment entered pursuant to Section 667.7 (judgment
against health care provider requiring periodic payments).

(b) Unless the money judgment is satisfied or the judgment lien is
released, a judgment lien created under paragraph (1) of subdivision

(a) continues during the period the judgment remains enforceable.
Unless the money judgment is satisfied or the judgment lien is
released, a judgment lien created under paragraph (2) of subdivision

(a) continues for a period of 10 years from the date of its creation.
The duration of a judgment lien created under paragraph (2) of
subdivision (a) may be extended any number of times by recording
during the time the judgment lien is in existence a certified copy of
the judgment in the manner provided in this section for the initial
recording; this rerecording has the effect of extending the duration
of the judgment lien created under paragraph (2) of subdivision (a)
until 10 years from the date of the rerecording.

697.330.  (a) In the case of a money judgment entered on an order,
decision, or award made under Division 4 (commencing with
Section 3200) of the Labor Code (workers' compensation):

(1)    If the judgment is for a lump sum, a judgment lien on real
property is created by recording an abstract of the judgment as
provided in Section 697.310 and, except as otherwise provided in
Division 4 (commencing with Section 3200) of the Labor Code, the
judgment lien is governed by the provisions applicable to a
judgment lien created under Section 697.310.

(2)    If the judgment is for the payment of money in installments,
a judgment lien on real property is created by recording a
certified copy of the judgment as  provided in Section 697.320
and, except as otherwise provided in Division 4 (commencing with
Section 3200) of the Labor Code, the lien is governed by the
provisions applicable to a judgment lien created under
Section 697.320.

(b) Nothing in this section limits or affects any provision of
Division 4 (commencing with Section 3200) of the Labor Code.

697.340.  Except as provided in Section 704.950:

(a)    A judgment lien on real property attaches to all interests
in real property in the county where the lien is created (whether
present or future, vested or contingent, legal or equitable) that
are subject to enforcement of the money judgment against the
judgment debtor pursuant to Article 1 (commencing with
Section 695.010) of Chapter 1 at the time the lien was created, but does
not reach rental payments, a leasehold estate with an unexpired
term of less than two years, the interest of a beneficiary under
a trust, or real property that is subject to  an attachment lien
in favor of the creditor and was transferred before judgment.

(b)    If any interest in real property in the county on which a
judgment lien could be created under subdivision (a) is acquired
after the judgment lien was created, the judgment lien attaches
to such interest at the time it is acquired.

697.350.  (a) Except as otherwise provided by statute, a judgment lien
on real property is a lien for the amount required to satisfy the money
judgment.

(b)    A judgment lien on real property created under a money
judgment payable in installments pursuant to Section 85 or 117 of
this code or Section 16380 of the Vehicle Code or under a similar
judgment is in the full amount required to satisfy the judgment,
but the judgment lien may not be enforced for the amount of
unmatured installments unless the court so orders.

(c)    A judgment lien created pursuant to Section 697.320 is a
lien for the amount of the installments as they mature under the
terms of the judgment, plus accrued interest and the costs as
they are added to the judgment pursuant to Chapter 5 (commencing
with Section 685.010) of Division 1, and less the amount of any
partial satisfactions, but does not become a lien for any
installment until it becomes due and payable under the terms of
the judgment.

697.360.  (a) If a judgment lien on real property has been created
under a money judgment that is thereafter modified as to its amount,
an abstract of the modified judgment or a certified copy of the order
modifying the judgment may be recorded in the same manner as an
abstract of judgment or a certified copy of the  judgment is recorded
to create a judgment lien.

(b)    If a judgment lien on real property has been created under a money
judgment that is thereafter modified to reduce its amount, the
judgment lien continues  under the terms of the judgment as modified,
whether or not the modification is recorded as provided in subdivision (a).

(c)    If a judgment lien on real property has been created under a
money judgment that is thereafter modified to increase its
amount, the judgment lien continues under the terms of the
original judgment until such time as the modification is recorded
as provided in subdivision (a).  Upon such recording, the
judgment lien extends to the judgment as modified, but the
priority for the additional amount under the judgment as modified
dates from the time the modification is recorded.

697.370.  (a) The judgment creditor may do either of the following:

(1)    Release from the judgment lien all or a part of the real
property subject to the lien.

(2)    Subordinate to another lien or encumbrance the judgment
lien on all or a part of the real property subject to the
judgment lien.

(b) A release or subordination is sufficient if it is executed by the
judgment creditor in the same manner as an acknowledgment of
satisfaction of judgment and contains all of the following:

(1)    A description of the real property being released or on
which the lien is being subordinated.  If the judgment debtor
does not have an interest of record  in the real property, the
release or subordination shall show the name of the record owner.
If all of the real property of the judgment debtor in a county in
which the lien is recorded is being released from the judgment
lien, or if the judgment debtor has no known interest in any real
property in that county, the release shall, in lieu of containing
a description of the property being released, contain a statement
substantially as follows:  "This is a release from the judgment
lien described herein of all of the interests in real property in
____ County presently owned or hereafter acquired of the herein
named judgment debtor subject to the lien."

(2)    The date the judgment lien was created and where in the
records of the county the abstract of judgment or certified copy
of the judgment was recorded to create the lien.

(3)    The title of the court where the judgment is entered and the
cause and number of the action.

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

(5)    The name and address of the judgment creditor, the judgment
creditor's assignee, if any, and the judgment debtor whose
interest in real property is released from the judgment lien or
with respect to whom the judgment lien is subordinated.

(c)    A release or subordination substantially complying with
the requirements of this section is effective even though it
contains minor errors that are not seriously misleading.

(d)    The execution of a release or subordination of a judgment
lien pursuant to this section does not release or subordinate
the judgment lien as to judgment debtors not named in the
release pursuant to paragraph (5) of subdivision (b).

697.380.  (a) As used in this section:

(1)    "Installment judgment lien" means a judgment lien created
under Section 697.320.

(2)    "Lump-sum judgment lien" means a judgment lien created under
Section 697.  310.

(b)    Except as otherwise provided by law, the rules stated in
this section govern the priorities of judgment liens on real
property.

(c)    A lump-sum judgment lien has priority over any other lump-
sum judgment lien thereafter created.

(d)    A lump-sum judgment lien has priority over an installment
judgment lien as to all of the following:

(1)    Installments that mature on the installment judgment
after the lump-sum judgment lien is created.

(2)    Interest that accrues on the installment judgment after
the lump-sum judgment lien is created.

(3)    Costs that are added to the installment judgment after
the lump-sum judgment lien is created.

(e)    An installment judgment lien has priority over a lump-sum
judgment lien as to all of the following:

(1)    Installments that have matured on the installment
judgment before the lump-sum judgment lien is created.

(2)    Interest that has accrued on the installment judgment
before the lump-sum judgment lien is created.

(3)    Costs that have been added to the installment judgment
before the lump-sum judgment lien is created.

(f)    If an installment judgment lien has been created and
another installment judgment lien is thereafter created, the
first installment judgment lien has priority over the second
installment judgment lien as to the installments that have
matured on the judgment at the time the second installment
judgment lien is created, the interest that has accrued prior
to that time on the judgment, and the costs that have been
added prior to that time to the judgment pursuant to
Chapter 5 (commencing with Section 685.010) of Division 1.
Thereafter, priorities are  determined by the time at which each
installment matures on a judgment, the time the interest
accrues on a judgment, and the time costs are added to a
judgment pursuant to Chapter 5 (commencing with
Section 685.010) of Division 1.

(g)    For the purposes of this section, if two judgment liens
attach to the same property at the same time under subdivision (b)
of Section 697.340 (after-acquired property), the judgment
lien that was first created has priority as to all amounts
that are due and payable on that judgment at the time the
property is acquired.

697.390.  If an interest in real property that is subject to a
judgment lien is transferred or encumbered without satisfying or
extinguishing the judgment lien:

(a)    The interest transferred or encumbered remains subject to a
judgment lien created pursuant to Section 697.310 in the same
amount as if the interest had not been transferred or encumbered.

(b)    The interest transferred or encumbered remains subject to a
judgment lien created pursuant to Section 697.320 in the amount
of the lien at the time of transfer or encumbrance plus interest
thereafter accruing on such amount.  697.400.  (a) The judgment
creditor, judgment debtor, or owner of real property subject to a
judgment lien on real property created under Section 697.310, may
record in the office of the county recorder an acknowledgment of
satisfaction of judgment executed as provided in Section 724.060
or a court clerk's certificate of satisfaction of judgment issued
pursuant to Section 724.100.  Upon such recording, the judgment
lien created under the judgment that has been satisfied is
extinguished as a matter of record.

(b)    The judgment creditor, judgment debtor, or owner of real
property subject to a judgment lien on real property created
under Section 697.320, may record in the office of the county
recorder an acknowledgment of satisfaction of matured
installments under an installment judgment if the acknowledgment
is executed as provided in Section 724.250.  Upon such recording,
the judgment lien is extinguished as a matter of record to the
extent of the satisfied installments described in the
acknowledgment of satisfaction.

(c)    The judgment creditor, the judgment debtor, or the owner of
real property subject to a judgment lien, including a property
owner described in Section 697.410, may record in the office of
the county recorder a release or subordination of a judgment lien
on real property if the release or subordination is executed as
provided in Section 697.370.

697.410.  (a) If a recorded abstract of a money judgment or certified
copy of a money judgment appears to create a judgment lien on real
property of a person who is not the judgment debtor because the name
of the property owner is the same as or similar to that of the
judgment debtor, the erroneously identified property owner may deliver
to the judgment creditor a written demand for a recordable document
releasing the lien.  The demand shall be accompanied by proof to the
satisfaction of the judgment creditor that the property owner is not
the judgment debtor and that the property is not subject to
enforcement of the judgment against the judgment debtor.

(b) Within 15 days after receipt of the property owner's demand and
proof satisfactory to the judgment creditor that the property owner is
not the judgment debtor and that the property is not subject to
enforcement of the judgment, the judgment creditor shall deliver to
the property owner a recordable document releasing the lien on the
property of such owner.  If the judgment creditor improperly fails to
deliver a recordable document releasing the lien within the time
allowed, the judgment creditor is liable to the property owner for all
damages sustained by reason of such failure and shall also forfeit one
hundred dollars ($100) to the property owner.

(c)    If the judgment creditor does not deliver a recordable
document pursuant to subdivision (b), the property owner may
apply to the court on noticed motion for an order releasing the
judgment lien on the property of such owner.  Notice of motion
shall be served on the judgment creditor.  Service shall be made
personally or by mail.  Upon presentation of evidence to the
satisfaction of the court that the property owner is not the
judgment debtor and that the property is not subject to
enforcement of the judgment, the court shall order the judgment
creditor to prepare and deliver a recordable document releasing
the lien or shall itself order the release of the judgment lien
on the property of such owner.  The court order may be recorded
in the office of the county recorder with the same effect as the
recordable document demanded by the property owner.

(d)    The court shall award reasonable attorney's fees to the
prevailing party in any proceeding maintained pursuant to this
section.

(e)    The damages provided by this section are not in derogation
of any other damages or penalties to which an aggrieved person
may be entitled by law.

697.510.  (a) A judgment lien on personal property described in
Section 697.530 is created by filing a notice of judgment lien in the
office of the Secretary of State pursuant to this article.  A judgment
lien may be created under this article only if the judgment is a money
judgment that was first entered in this state after June 30, 1983.
Except as provided in subdivision (b) of Section 697.540, a judgment
lien may not be created under this article if the money judgment is
payable in installments unless all of the installments under the
judgment have become due and payable at the time the notice of
judgment lien is filed.

(b)    Unless the money judgment is satisfied or the judgment lien
is terminated or released, the judgment lien continues for five
years from the date of filing.

(c)    Notwithstanding Section 697.020, the priority of a judgment
lien created under this article does not relate back to the date
an earlier judgment lien was created under this article.

697.520.  A judgment lien on personal property may be created
pursuant to this article as an alternative or in addition to a
lien created by levy under a writ of execution pursuant to
Chapter 3 (commencing with Section 699.010) or by use of an
enforcement procedure provided by Chapter 6 (commencing with
Section 708.010).

697.530.  (a) A judgment lien on personal property is a lien on
all interests in the following personal property that are
subject to enforcement of the money judgment against the
judgment debtor pursuant to Article 1 (commencing with Section 695.010)
of Chapter 1 at the time the lien is created if a security
interest in the property could be perfected under the Commercial Code
by filing a financing statement at that time with the Secretary of
State:

(1)    Accounts receivable.

(2)    Chattel paper.

(3)    Equipment.

(4)    Farm products.

(5)    Inventory.

(6)    Negotiable documents of title.

(b) If any interest in personal property on which a judgment lien
could be created under subdivision (a) is acquired after the judgment
lien was created, the judgment lien attaches to the interest at the
time it is acquired.

(c)    To the extent provided by Section 697.620, a judgment lien
on personal property continues on the proceeds received upon the
sale, collection, or other disposition of the property subject to
the judgment lien.

(d)    Notwithstanding any other provision of this section, the
judgment lien does not attach to:

(1)    A vehicle or vessel required to be registered with the
Department of Motor Vehicles or a mobilehome or commercial coach
required to be registered pursuant to the Health and Safety Code.

(2)    The inventory of a retail merchant held for sale except to
the extent that the inventory of the retail merchant consists of
durable goods having a unit retail value of at least five hundred
dollars ($500).  For the purposes of this paragraph, "retail
merchant" does not include (A) a person whose sales for resale
exceeded 75 percent in dollar volume of the person's total sales
of all goods during the 12 months preceding the filing of the
notice of judgment lien on personal property or (B) a cooperative
association organized pursuant to Chapter 1 (commencing with
Section 54001) of Division 20 of the Food and Agricultural
Code (agricultural cooperative associations) or Part 3 (commencing
with Section 13200) of Division 3 of Title 1 of the Corporations
Code (Fish Marketing Act).

(e)    If property subject to a lien under this article becomes
a fixture (as defined in Section 9313 of the Commercial Code),
the judgment lien on such property is extinguished.

(f)    Notwithstanding the filing of a notice of judgment lien,
subject to the provisions of Chapter 6 (commencing with
Section 708.010), a person obligated on an account receivable or chattel
paper is authorized to pay or compromise the amount without notice to or
consent of the judgment creditor unless and until there is a levy
pursuant to Chapter 3 (commencing with Section 699.010).

697.540.  (a) Except as otherwise provided by statute, a judgment lien
on personal property is a lien for the amount required to satisfy the
money judgment.

(b) A judgment lien on personal property created under a money
judgment payable in installments pursuant to Section 85 or 117 of this
code or pursuant to Section 16380 of the Vehicle Code is in the full
amount required to satisfy the judgment, but the judgment lien may not
be enforced for the amount of unmatured installments unless the court
so orders.

697.550.  The notice of judgment lien on personal property
shall be executed under oath by the judgment creditor's attorney if
the judgment creditor has an attorney of record or, if the judgment
creditor does not have an attorney of record, by the judgment creditor
and shall contain the following information:

(a)    The name and mailing address of the judgment creditor.

(b)    The name and last known mailing address of the judgment
debtor.

(c)    A statement that:  "All property subject to enforcement of a
money judgment against the judgment debtor to which a judgment
lien on personal property may attach under Section 697.530 of the
Code of Civil Procedure is subject to this judgment lien."

(d)    The title of the court where the judgment is entered and the
cause and number of the action.

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

(f)    The amount required to satisfy the judgment at the date of
the notice.

(g)    The date of the notice.

697.560.  At the time of filing the notice of judgment lien on
personal property or promptly thereafter, the judgment creditor shall
serve a copy of the notice of judgment lien on the judgment debtor.
Service shall be made personally or by mail.  The failure to comply
with this requirement does not affect the validity of the judgment
lien.

697.570.  Upon presentation of a notice of judgment lien on personal
property for filing and tender of the filing fee to the office of the
Secretary of State, the notice of judgment lien shall be filed,
marked, and indexed in the same manner as a financing statement.  The
fee for filing in the office of the Secretary of State is the same as
the fee for filing a financing statement in the standard form.  A
notice shall not be filed if it is presented for filing more than 10
days after the date of the notice.

697.580.  (a) Upon the request of any person, the Secretary of State
shall issue a certificate showing whether there is on file in that
office on the date and hour stated therein any notice of judgment lien
on personal property filed against the property of a particular person
named in the request.  If a notice of judgment lien is on file, the
certificate shall state the date and hour of filing of each such
notice and any notice affecting any such notice of judgment lien and
the name and address of the judgment creditor.

(b) Upon request, the Secretary of State shall furnish a copy of any
notice of judgment lien or notice affecting a notice of judgment lien.
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.

697.590.  (a) As used in this section:

(1)    "Filing" means:

(A)    With respect to a judgment lien on personal property, the
filing of a notice of judgment lien in the office of the
Secretary of State to create a judgment lien on personal
property under this article.

(B)    With respect to a security interest, the filing of a
financing statement pursuant to Division 9 (commencing with
Section 9101) of the Commercial Code.

(2)    "Perfection" means perfection of a security interest
pursuant to Division 9 (commencing with Section 9101) of the
Commercial Code.

(3)    "Personal property" means:

(A)    With respect to a judgment lien on personal property, the
property to which a judgment lien has attached pursuant to
this article.

(B)    With respect to a security interest, the collateral
subject to a security interest pursuant to Division 9 (commencing
with Section 9101) of the Commercial Code.

(4)    "Purchase money security interest" means "purchase money
security interest" as defined in Section 9107 of the Commercial
Code.

(b)    Except as provided in subdivisions (d) and (e), priority
between a judgment lien on personal property and a conflicting
security interest in the same personal property shall be
determined according to this subdivision.  Conflicting
interests rank according to priority in time of filing or
perfection.  In the case of a judgment lien, priority dates
from the time filing is first made covering the personal
property.  In the case of a security interest, priority dates
from  the time a filing is first made covering the personal
property or the time the security interest is first perfected,
whichever is earlier, provided that there is no period
thereafter when there is neither filing nor perfection.

(c)    For the purposes of subdivision (b), a date of filing or
perfection as to personal property is also a date of filing or
perfection as to proceeds.

(d)    A purchase money security interest has priority over a
conflicting judgment lien on the same personal property or its
proceeds if the purchase money security interest is perfected
at the time the judgment debtor (as a debtor under the
security agreement) receives possession of the personal
property or within 20 days thereafter.

(e)    If a purchase money security interest in inventory has
priority over a judgment lien pursuant to subdivision (d) and
a conflicting security interest has priority over the purchase
money security interest in the same inventory pursuant to
subdivision (3) of Section 9312 of the Commercial Code, the
conflicting security interest also has priority over the
judgment lien on the inventory subject to the purchase money
security interest notwithstanding that the conflicting
security interest would not otherwise have priority over the
judgment lien.

(f)    A judgment lien that has attached to personal property
and that is also subordinate under subdivision (b) to a
security interest in the same personal property is subordinate
to the security interest only to the extent that the security
interest secures advances made before the judgment lien
attached or within 45 days thereafter or made without
knowledge of the judgment lien or pursuant to a commitment
entered into without knowledge of the judgment lien. For the
purpose of this subdivision, a secured party shall be deemed
not to have knowledge of a judgment lien on personal property
until (1) the judgment creditor serves a copy of the notice of
judgment lien on the secured party personally or by mail and

(2) the secured party has knowledge of the judgment lien on
personal property, as "knowledge" is defined in Section 1201
of the Commercial Code.  If service on the secured party is by
mail, it shall be sent to the secured party at the address
shown in the financing statement or security agreement.

697.600.  (a) A judgment lien on personal property has priority over
any other judgment lien thereafter created on the property.

(b) For the purpose of this section, if two or more judgment liens
attach to after-acquired property at the same time under subdivision

(b) of Section 697.530, the judgment lien first filed has priority.

697.610.  Except as provided in Section 9504 of the Commercial Code, a
judgment lien on personal property continues notwithstanding the sale,
exchange, or other disposition of the property, unless the person
receiving the property is one of the following:

(a)    A buyer in ordinary course of business (as defined in
Section 1201 of the Commercial Code) who, under Section 9307 of the
Commercial Code, would take free of a security interest created by the
seller.

(b)    A lessee in ordinary course of business (as defined in
paragraph (o) of subdivision (1) of Section 10103 of the
Commercial Code) who, under subdivision (3) of Section 10307 of
the Commercial Code, would take free of a security interest
created by the lessor.

(c)    A holder to whom a negotiable document of title has been
duly negotiated within the meaning of Section 7501 of the
Commercial Code.

(d)    A purchaser of chattel paper who gives new value and takes
possession of the chattel paper in the ordinary course of
business.

697.620.  (a) As used in this section:

(1)    "Cash proceeds" means money, checks, deposit accounts, and
the like.

(2)    "Proceeds" means identifiable cash proceeds received upon
the sale, exchange, collection, or other disposition of property
subject to a judgment lien on personal property.

(b)    Except as provided in subdivision c, the judgment lien on
personal property continues in the proceeds with the same
priority.

(c)    In the event of insolvency proceedings (as defined in
Section 1201 of the Commercial Code) instituted by or against the
judgment debtor, the judgment lien continues under subdivision (b)
only in the following proceeds:

(1)    Proceeds in a separate deposit account containing only
proceeds.

(2)    Proceeds in the form of money which are neither commingled
with other money nor deposited in a deposit account prior to the
insolvency proceedings.

(3)    Proceeds in the form of checks and the like which are not
deposited in a deposit account prior to the insolvency
proceedings.

697.640.  (a) The judgment creditor, judgment debtor, owner of
property subject to a judgment lien on personal property created under
the judgment, or a person having a security interest in or a lien on
the property subject to the judgment lien, may file in the office of
the Secretary of State an acknowledgment of satisfaction of judgment
executed as provided in Section 724.060 or a court clerk's certificate
of satisfaction of judgment issued pursuant to Section 724.100,
together with a statement containing the name of the judgment
creditor, the name and address of the judgment debtor, and the file
number of the notice of judgment lien.  Upon such filing, the judgment
lien created under the judgment that has been satisfied is
extinguished as a matter of record.  The fee for filing the
acknowledgment or certificate is the same as the fee for filing a
termination statement under Section 9404 of the Commercial Code.

(b) The filing officer shall treat an acknowledgment of satisfaction
of judgment, or court clerk's certificate of satisfaction of judgment,
and statement filed pursuant to this section in the same manner as a
termination statement filed pursuant to Section 9404 of the Commercial
Code.

697.650.  (a) The judgment creditor may by a writing do any of the
following:

(1)    Release the judgment lien on all the personal property
subject to the lien of a sole judgment debtor or of all the
judgment debtors.

(2)    If the notice of judgment lien names more than one judgment
debtor, release the judgment lien on all the personal property
subject to the lien of one or more but of less than all the
judgment debtors.

(3)    Release the judgment lien on all or a part of the personal
property subject to the lien.

(4)    Subordinate to a security interest or other lien or
encumbrance the judgment lien on all or a part of the personal
property subject to the judgment lien.

(b) A statement of release or subordination is sufficient if it is
signed by the judgment creditor and contains the name and address of
the judgment debtor, the file number of the notice of judgment lien,
and wording appropriate to bring the statement within one of the
paragraphs of subdivision (a).   In the case of a release under
paragraph (3) of subdivision (a), the statement of release shall also
describe the property being released.  In the case of a subordination
under paragraph (4) of subdivision (a), the statement of subordination
shall also describe the property on which the judgment lien is being
subordinated and describe the security interest or other lien or
encumbrance to which the judgment lien is being subordinated.

(c)    The filing officer shall treat the filing of a statement of
release pursuant to paragraph (1) of subdivision (a) of this
section in the same manner as a termination statement filed
pursuant to Section 9404 of the Commercial Code.  The filing
officer shall treat the filing of a statement of release pursuant
to paragraph (2) of subdivision (a) of this section in the same
manner as a comparable amendment filed pursuant to subdivision

(4) of Section 9402 of the Commercial Code.  The filing officer
shall treat the filing of a statement of release pursuant to
paragraph (3) of subdivision (a) of this section and the filing
of a statement of subordination filed pursuant to paragraph (4)
of subdivision (a) of this section in the same manner as a
statement of release filed pursuant to Section 9405 of the
Commercial Code.

(d)    The fee for filing the statement is the same as that
provided in Section 9405 of the Commercial Code.

697.660.  (a) If a notice of judgment lien on personal property filed
in the office of the Secretary of State appears to create a judgment
lien on personal property of a person who is not the judgment debtor
because the name of the property owner is the same as or similar to
that of the judgment debtor, the erroneously identified property owner
or a person having a security interest in or a lien on the property
may deliver to the judgment creditor a written demand that the
judgment creditor file in the office of the Secretary of State a
statement releasing the lien as to the property of such owner.  The
demand shall be accompained by proof to the satisfaction of the
judgment creditor that the property owner is not the judgment debtor
and that the property is not subject to enforcement of the judgment
against the judgment debtor.

(b)    Within 15 days after receipt of the demand and proof
satisfactory to the judgment creditor that the property owner is
not the judgment debtor and that the property is not subject to
enforcement of the judgment, the judgment creditor shall file in
the office of the Secretary of State a statement releasing the
lien on the property of such owner.  If the judgment creditor
improperly fails to file the statement of release 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.

(c)    If the judgment creditor does not file a statement of
release pursuant to  subdivision (b), the person who made the
demand may apply to the court on noticed motion for an order
releasing the judgment lien on the property of such owner.
Notice of motion shall be served on the judgment creditor.
Service shall be made personally or by mail.  Upon presentation
of evidence to the satisfaction of the court that the property
owner is not the judgment debtor and that the property is not
subject to enforcement of the judgment, the court shall order the
judgment creditor to prepare and file the statement of release or
shall itself order the release of the judgment lien on the
property of such owner.  The court order may be filed in the
office of the Secretary of State with the same effect as the
statement of release demanded under subdivision (a).

(d)    The court shall award reasonable attorney's fees to the
prevailing party in any action or proceeding maintained pursuant
to this section.

(e)    The damages provided by this section are not in derogation
of any other damages or penalties to which an aggrieved person
may be entitled by law.

(f)    The fee for filing a statement of release or court order
under this section is the same as that provided in Section 9405
of the Commercial Code.

697.670.  (a) The Secretary of State may prescribe, provided that a
cost-savings would be achieved thereby:

(1)    The forms for the notice of judgment lien on personal
property and the statement of release or subordination provided
for in this article.

(2)    The form for the statement provided for in Section 697.640
and the situations when that form is required or is not
required.

(b) A form prescribed by the Secretary of State for a notice or
statement pursuant to subdivision (a) is deemed to comply with this
article and supersedes any requirements specified in this article for
the notice or statement.

697.710.  A levy on property under a writ of execution creates an
execution lien on the property from the time of levy until the
expiration of two years after the date of issuance of the writ unless
the judgment is sooner satisfied.

697.720.  Subject to Section 701.630, if an interest in real
property subject to an execution lien
is transferred or encumbered, the interest transferred or encumbered
remains subject to the lien after the transfer or encumbrance.

697.730.  (a) Subject to Section 701.630 and except as provided in
subdivision (b), if tangible personal property subject to an execution
lien is in the custody of a levying officer and is transferred or
encumbered, the property remains subject to the lien after the
transfer or encumbrance.

(b) If a levy upon tangible personal property of a going business is
made by the levying officer placing a keeper in charge of the
business, a purchaser or lessee of property subject to the execution
lien takes the property free of the execution lien if the purchaser is
a buyer in ordinary course of business (as defined in Section 1201 of
the Commercial Code) who, under Section 9307 of the Commercial Code,
would take free of a security interest created by his or her seller
or the lessee is a lessee in ordinary course of business (as defined
in paragraph (o) of subdivision (1) of Section 10103 of the Commercial
Code) who, under subdivision (3) of Section 10307 of the Commercial
Code, would take free of a security interest created by the lessor.

697.740.  Except as provided in Section 9504 of the Commercial Code
and in Section 701.630, if personal property subject to an execution
lien is not in the custody of a levying officer and the property is
transferred or encumbered, the property remains subject to the lien
after the transfer or encumbrance except where the transfer or
encumbrance is made to one of the following persons:

(a)    A person who acquires an interest in the property under the
law of this state for reasonably equivalent value without
knowledge of the lien.  For purposes of this subdivision, value
is given for a transfer or encumbrance if, in exchange for the
transfer or encumbrance, property is transferred or an antecedent
debt is secured or satisfied.

(b)    A buyer in ordinary course of business (as defined in
Section 1201 of the  Commercial Code) who, under Section 9307 of the
Commercial Code, would take free of a security interest created by the
seller or encumbrancer.

(c)    A lessee in ordinary course of business (as defined in
paragraph (o) of subdivision (1) of Section 10103 of the
Commercial Code) who, under subdivision (3) of Section 10307 of
the Commercial Code, would take free of a security interest
created by the lessor.

(d)    A holder in due course (as defined in Section 3302 of the
Commercial Code) of a negotiable instrument within the meaning of
Section 3104 of the Commercial Code.

(e)    A holder to whom a negotiable document of title has been
duly negotiated within the meaning of Section 7501 of the
Commercial Code.

(f)    A bona fide purchaser (as defined in Section 8302 of the
Commercial Code) of a security.

(g)    A purchaser of chattel paper or an instrument who gives new
value and takes possession of the chattel paper or instrument in
the ordinary course of business.

(h)    A holder of a purchase money security interest (as defined
in Section 9107 of the Commercial Code).

(i)    A collecting bank holding a security interest in items being
collected, accompanying documents and proceeds, pursuant to
Section 4208 of the Commercial Code.

(j)    A person who acquires any right or interest in letters of
credit, advices of credit, or money.

(k)    A person who acquires any right or interest in property
subject to a certificate of title statute of another jurisdiction
under the law of which indication of a security interest on the
certificate of title is required as a condition of perfection of
the security interest.

697.750.  Notwithstanding Section 697.740, except as provided in
Section 9504 of the Commercial Code and in Section 701.630, if (1)
growing crops, (2)  timber  to be cut, or (3) minerals or the like (including
oil or gas) to be extracted or accounts receivable
resulting from the sale thereof at wellhead or minehead are subject to
an execution lien and are transferred or encumbered, the property
remains subject to the execution lien after the transfer or
encumbrance.

697.910.  This article applies to liens created by any of the
following:

(a)    An examination proceeding as provided in
Section 708.110, 708.120, or 708.205.

(b)    A creditor's suit as provided in Section 708.250.

(c)    A charging order as provided in Section 708.320.

697.920.  Except as provided in Section 9504 of the Commercial Code
and in Section 701.630, a lien described in Section 697.910 continues
on property subject to the lien, notwithstanding the transfer or
encumbrance of the property subject to the lien, unless the transfer
or encumbrance is made to a person listed in Section 697.740.

699.010.  Except as otherwise provided by statute, this chapter
governs enforcement of a money judgment by a writ of execution.

699.020.  At any time after delivery of a writ of execution to a
levying officer and before its return, a person indebted to the
judgment debtor may pay to the levying officer the amount of the debt
or so much thereof as is necessary to satisfy the money judgment.  The
levying officer shall give a receipt for the amount paid and such
receipt is a discharge for the amount paid.

699.030.  If personal property sought to be levied upon is located in
a private place of the judgment debtor:

(a)    The levying officer making the levy shall demand delivery of
the property by the judgment debtor and shall advise the judgment
debtor that the judgment debtor may be liable for costs and
attorney's fees incurred in any further proceedings to obtain
delivery of the property.  If the judgment debtor does not
deliver the property, the levying officer shall make no further
effort to obtain custody of the property and shall promptly
notify the judgment creditor of the failure to obtain custody of
the property.

(b)    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 levying officer to seize the
property in the private place.  The application may be made
whether or not a writ has been issued and whether or not demand
has been made pursuant to subdivision (a).  The application for
the order shall describe with particularity both the property
sought to be levied upon, and the place where it is to be found,
according to the best knowledge, information, and belief of the
judgment creditor.  The court may not issue the order unless the
judgment creditor establishes that there is probable cause to
believe that property sought to be levied upon is located in the
place described.  The levying officer making the levy, at the
time delivery of the property pursuant to the order is demanded,
shall announce his or her identity, purpose, and authority.  If
the property is not voluntarily delivered, the levying officer
may cause the building or enclosure where the property is
believed to be located to be broken open in such manner as the
levying officer reasonably believes will cause the least damage,
but if the levying officer reasonably believes that entry and
seizure of the property will involve a substantial risk of death
or serious bodily harm to any person, the levying officer shall
refrain from entering and shall promptly make a return to the
court setting forth the reasons for believing that the risk
exists.  In such a case, the court shall make such orders as may
be appropriate.

699.040.  (a) If a writ of execution 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 either or both of
the following:

(1)    Possession of the property sought to be levied upon if the
property is sought to be levied upon by taking it into custody.

(2)    Possession of documentary evidence of title to property of
or a debt owed to the judgment debtor that is sought to be levied
upon.  An order pursuant to this paragraph may be served when the
property or debt 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 arrest and punishment for contempt of court.

699.060.  (a) The levying officer shall release property
levied upon when the levying officer receives a written
direction to release the property from the judgment creditor's
attorney of record or, if the judgment creditor does not have
an attorney of record, from the judgment creditor or when the
levying officer receives a certified copy of a court order for
release or when otherwise required to release the property.
The release extinguishes any execution lien or attachment lien
in favor of the judgment creditor on the property released.

(b) If the property to be released has been taken into custody
under the levy, it shall be released to the person from whom
it was taken unless otherwise ordered by the court.  If the
person does not claim the property to be released, the levying
officer shall retain custody of the property and shall serve
on such person a notice of where possession of the property
may be obtained.  Service shall be made personally or by mail.
If the person does not claim the property within 30 days after
the notice is served, the levying officer shall sell the
property (other than cash which does not have a value
exceeding its face value) in the manner provided by
Article 6 (commencing with Section 701.510).  The levying officer
shall deposit the proceeds of sale and cash, after first deducting
the levying officer's costs, with the county treasurer of the
county where the property is located, payable to the order of
the person.  If the amount deposited is not claimed by the
person, or the legal representative of the person, 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.

(c)    If the property to be released has not been taken into
custody under the levy, the levying officer shall release the
property by issuing a written notice of release and serving it on
the person who was served with a copy of the writ and a notice of
levy to create the lien.  Service shall be made personally or by
mail.

(d)    If the property to be released was levied upon by recording
or filing a copy of the writ and a notice of levy, the levying
officer shall record or file a written notice of release in the
same office.

(e)    The levying officer is not liable for releasing property in
accordance with this section nor is any other person liable for
acting in conformity with the release.

699.070.  (a) The court may appoint a receiver or order the levying
officer to take any action the court orders that is necessary to
preserve the value of property levied upon, including but not limited
to selling the property, if the court determines that the property is
perishable or will greatly deteriorate or greatly depreciate in value
or that for some other reason the interests of the parties will be
best served by the order.  An order may be made under this subdivision
upon application of the judgment creditor, the judgment debtor, or a
person who has filed a third-party claim pursuant to Division 4 (commencing
with Section 720.010).  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)    If the levying officer determines that property levied upon
is extremely perishable or will greatly deteriorate or greatly
depreciate in value before a court order pursuant to subdivision

(a) could be obtained, the levying officer may take any action
necessary to preserve the value of the property or may sell the
property.  The levying officer is not liable for a determination
made in good faith under this subdivision.

(c)    Except as otherwise provided by order of the court, a sale
of property pursuant to this section shall be made in the manner
provided by Article 6 (commencing with Section 701.510) and the
proceeds shall be applied to the satisfaction of the money
judgment in the manner provided by Article 7 (commencing with
Section 701.810).  Notwithstanding subdivisions (b) and (d) of
Section 701.530, notice of sale shall be posted and served at a
reasonable time before the sale, considering the character and
condition of the property.

(d)    If a receiver is appointed, the court shall fix the daily
fee of the receiver and may order the judgment creditor to pay
the fees and expenses of the receiver in advance or may direct
that the whole or any part of the fees and expenses be paid from
the proceeds of any sale of the property.  Except as otherwise
provided in this section, 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 section.

699.080.  (a) A registered process server may levy under a writ of
execution on the following types of property:

(1)    Real property, pursuant to Section 700.015.

(2)    Growing crops, timber to be cut, or minerals or the like (including
oil and gas) to be extracted or accounts receivable
resulting from the sale thereof at the wellhead or minehead, pursuant
to Section 700.020.

(3)    Personal property in the custody of a levying officer,
pursuant to Section 700.050.

(4)    Personal property used as a dwelling, pursuant to
subdivision (a) of Section 700.080.

(5)    Deposit accounts, pursuant to Section 700.140.

(6)    Property in a safe-deposit box, pursuant to Section 700.150.

(7)    Accounts receivable or general intangibles, pursuant to
Section 700.170.

(8)    Final money judgments, pursuant to Section 700.190.

(9)    Interest of a judgment debtor in personal property in the
estate of a decedent, pursuant to Section 700.200.

(b)    Before levying under the writ of execution, the
registered process server shall deposit a copy of the writ
with the levying officer and pay the fee provided by
Section 26721 of the Government Code.

(c)    If a registered process server levies on property
pursuant to subdivision (a), the registered process server
shall do both of the following:

(1)    Comply with the applicable levy, posting, and service
provisions of Article 4 (commencing with Section 700.010).

(2)    Request any third person served to give a garnishee's
memorandum to the levying officer in compliance with
Section 701.030 on a form provided by the registered process
server.

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

(1)    The writ of execution.

(2)    An affidavit of the registered process server stating the
manner of levy performed.

(3)    Proof of service of the copy of the writ and notice of
levy on other persons as required by Article 4 (commencing
with Section 700.010).

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

(e)    If the fee provided by Section 26721 of the Government
Code has been paid, the levying officer shall perform all other duties
under the writ as if the levying officer had levied under the writ and
shall return the writ to the court.  If the registered process server
does not comply with subdivisions (b) and (d), the levy is ineffective
and the levying officer is not required to perform any duties under
the writ and may issue a release for any property sought to be levied
upon.

(f)    The fee for services of a registered process server under
this section shall be allowed as a recoverable cost  pursuant to
Section 1033.5.

699.090.  If property that is required by law to be registered or
recorded in the name of the owner is levied upon under a writ of
execution and it appears at the time of the levy that the judgment
debtor was the registered or record owner of the property and the
judgment creditor caused the levy to be made and the lien maintained
in good faith and in reliance upon such registered or recorded
ownership, neither the judgment creditor, the levying officer, nor the
sureties on an undertaking given by the judgment creditor pursuant to
Chapter 2 (commencing with Section 720.110) or Chapter 3 (commencing
with Section 720.210) of Division 4 is liable to a third person for
the levy itself.

699.510.  (a) Subject to subdivision (b), after entry of a money
judgment, a writ of execution 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 levy is to be made and
to any registered process server.  A separate writ shall be issued for
each county where a levy is to be made.  Writs may be issued
successively until the money 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.

(b) If the judgment creditor seeks a writ of execution to enforce a
judgment made, entered, or enforceable pursuant to the Family Code, in
addition to the requirements of this article, the judgment creditor
shall satisfy the requirements of any applicable provisions of
Chapter 7 (commencing with Section 5100) of Part 5 of Division 9 of
the Family Code and Sections 290, 291, 2026, and 3556 of the Family Code.

699.520.  The writ of execution shall require the levying officer to
whom it is directed to enforce the money judgment and shall include
the following information:

(a)    The date of issuance of the writ.

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

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

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

(e)    The total amount of the money judgment as entered or
renewed, together with costs thereafter added to the judgment
pursuant to Section 685.090 and the accrued interest on the
judgment from the date of entry or renewal of the judgment  to
the date of issuance of the writ, reduced by any partial
satisfactions and by any amounts no longer enforceable.

(f)    The amount required to satisfy the money judgment on the
date the writ is issued.

(g)    The amount of interest accruing daily on the principal
amount of the judgment from the date the writ is issued.

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

(i)    The sum of the fees and costs added to the judgment pursuant
to Section 6103.5 or 68511.3 of the Government Code and which is
in addition to the amount owing to the judgment creditor on the
judgment.

699.530.  (a) Upon delivery of the writ of execution 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 any property under the writ
after the expiration of 180 days from the date the writ was issued.

699.540.  The notice of levy required by Article 4 (commencing with
Section 700.010) shall inform the person notified of all of the
following:

(a)    The capacity in which the person is notified.

(b)    The property that is levied upon.

(c)    The person's rights under the levy, including the right to
claim an exemption pursuant to Chapter 4 (commencing with Section 703.010)
and the right to make a third-party claim pursuant to
Division 4 (commencing with Section 720.010).

(d)    The person's duties under the levy.

699.545.  A copy of the original notice of levy which has been served
upon a third party holding the property sought to be levied upon, if
served upon the judgment debtor or any other party, shall suffice as
the notice of levy to that person.

699.550.  In any case where property has been levied upon
and, pursuant to a levy, a copy of the
writ of execution and a notice of levy are required by statute to be
posted or to be served on or mailed to the judgment debtor or other
person, failure to post, serve, or mail the copy of the writ and the
notice does not affect the execution lien created by the levy.
Failure to serve on or mail to the judgment debtor a list of
exemptions does not affect the execution lien created by the levy.

699.560.  (a) Except as provided in subdivisions (b) and c, the
levying officer to whom the writ of execution is delivered shall
return the writ to the court, together with a report of the levying
officer's actions and an accounting of amounts collected and costs
incurred, at the earliest of the following times:

(1)    Two years from the date of issuance of the writ.

(2)    Promptly after all of the duties under the writ are
performed.

(3)    When return is requested in writing by the judgment
creditor.

(4)    If no levy takes place under the writ within 180 days after
its issuance, promptly after the expiration of the 180-day
period.

(5)    Upon expiration of the time for enforcement of the money
judgment.

(b)    If a levy has been made under Section 700.200 upon an
interest in personal property in the estate of a decedent, the
writ shall be returned within the time prescribed in Section 700.200.

(c)    If a levy has been made under Section 5103 of the Family
Code on the judgment debtor's right to the payment of benefits from an
employee pension benefit plan, the writ shall be returned within the
time prescribed in that section.

(d)    If a levy has been made under the Wage Garnishment 
Law (Chapter 5 (commencing with Section 706.010)), and the earnings
withholding order remains in effect, the writ of execution shall be
returned as provided in subdivision (a) and a supplemental return
shall be made as provided in Section 706.033.

699.710.  Except as otherwise provided by law, all property that is
subject to enforcement of a money judgment pursuant to
Article 1 (commencing with Section 695.010) of Chapter 1 is
subject to levy under a writ of execution to satisfy a  money judgment.

699.720.  (a) The following types of property are not subject to
execution:

(1)    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.

(2)    The interest of a partner in a partnership where the
partnership is not a judgment debtor.

(3)    A cause of action that is the subject of a pending action or
special proceeding.

(4)    A judgment in favor of the judgment debtor prior to the
expiration of the time for appeal from such judgment or, if an
appeal is filed, prior to the final determination of the appeal.

(5)    A debt (other than earnings) owing and unpaid by a public
entity.

(6)    The loan value of an unmatured life insurance, endowment, or
annuity policy.

(7)    A franchise granted by a public entity and all the rights
and privileges thereof.

(8)    The interest of a trust beneficiary.

(9)    A contingent remainder, executory interest, or other
interest in property  that is not vested.

(10)   Property in a guardianship or conservatorship estate.

(b) Nothing in subdivision (a) affects or limits the right of the
judgment creditor to apply property to the satisfaction of a money
judgment pursuant to any applicable procedure other than execution.

700.010.  (a) At the time of levy pursuant to this article or promptly
thereafter, the levying officer shall serve a copy  of the following
on the judgment debtor:

(1)    The writ of execution.

(2)    A notice of levy.

(3)    If the judgment debtor is a natural person, a copy of the
form listing exemptions prepared by the Judicial Council pursuant
to subdivision c of Section 681.030.

(b) Service under this section shall be made personally or by mail.

700.015.  (a) To levy upon real property, the levying officer shall
record with the recorder of the county where the real property is
located a copy of the writ of execution and a notice of levy that
describes the property levied upon and states that the judgment
debtor's interest in the described property has been levied upon.  If
the judgment debtor's interest in the real property stands upon the
records of the county in the name of a person other than the judgment
debtor, the notice of levy shall identify the third person and the
recorder shall index the copy of the writ and notice of levy in the
names of both the judgment debtor and the third person.

(b)    At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on
any third person in whose name the judgment debtor's interest in
the real property stands upon the records of the county.  Service
shall be made personally or by mail.  If service on the third
person is by mail, it shall be sent to the person at the address
for such person, if any, shown by the records of the office of
the tax assessor of the county where the real property is located
or, if no address is so shown, to the person at  the address used
by the county recorder for the return of the instrument creating
the interest of the third person in the property.

(c)    At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on
one occupant of the real property.  Service on the occupant shall
be made by leaving the copy of the writ and a notice of levy with
the occupant personally or, in the occupant's absence, with a
person of suitable age and discretion found upon the real
property when service is attempted who is either an employee or
agent of the occupant or a member of the occupant's household. If
unable to serve such an occupant at the time service is
attempted, the levying officer shall post the copy of the writ
and the notice of levy in a conspicuous place on the real
property.  If the real property described in the notice of levy
consists of more than one distinct lot, parcel, or governmental
subdivision and any of the lots, parcels, or governmental
subdivisions lies with relation to any of the others so as to
form one or more continuous, unbroken tracts, only one service or
posting need be made under this subdivision as to each
continuous, unbroken tract.

700.020.  (a) To levy upon (1) growing crops, (2) timber to be cut,
or (3) minerals or the like (including oil and gas) to be extracted or
accounts receivable resulting from the sale thereof at the wellhead or
minehead, the levying officer shall record with the recorder of the
county where those crops, timber, or minerals or the like are located
a copy of the writ of execution and a notice of levy that describes
the property levied upon and states that the judgment debtor's
interest in the described property has been levied upon and describes
the real property where the crops, timber, or minerals or the like are
located.  If the judgment debtor's interest in the crops, timber,
minerals or the like, or if the real property where the crops, timber,
or minerals or the like are located, stands upon the records of the
county in the name of a person other than the judgment debtor, the
notice of levy shall identify the third person and the recorder shall
index the copy of the writ and notice of levy in the names of both the
judgment debtor and the third person.

(b) At the time of levy or promptly thereafter, the levying officer
shall serve a copy of the writ and a notice of levy personally or by
mail on the following persons:

(1)    Any third person in whose name the judgment debtor's
interest in the crops, timber, minerals or the like stands upon
the records of the county and any third person in whose name the
real property stands upon the records of the county.  If service
on the third person is by mail, it shall be sent to the person at
the address for the person, if any, shown by the records of the
office of the assessor of the county where the real property is
located or, if no address is so shown, to the person at the
address used by the county recorder for the return of the
instrument creating the interest of the third person in the
property.

(2)    Any secured party who has filed a financing statement with
respect to the  crops, timber, or minerals or the like or the
accounts receivable, prior to the date of levy on the property.

(c)    At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ and a notice of levy on
one occupant of the real property where the crops, timber, or
minerals or the like are located.  Service on the occupant
shall be made by leaving the copy of the writ and a notice of
levy with the occupant personally or, in the occupant's
absence, with a person of suitable age and discretion found
upon the real property when service is attempted who is either
an employee or agent of the occupant or a member of the
occupant's household.  If he or she is unable to serve an
occupant or suitable person at the time service is attempted,
the levying officer shall post the copy of the writ and the
notice of levy in a conspicuous place on the real property.
However, the posting requirement of the preceding sentence
shall not apply where the levy is made upon minerals or the
like (but not including oil or gas) and no dwelling is located
on the real property.  If the real property described in the
notice of levy consists of more than one distinct lot, parcel,
or governmental subdivision and any of the lots, parcels, or
governmental subdivisions lies with relation to any of the
others so as to form one or more continuous, unbroken tracts,
only one service or posting need be made under this
subdivision as to each continuous, unbroken tract.

700.030.  Unless another method of levy is provided by this article,
to levy upon tangible personal property in the possession or under the
control of the judgment debtor, the levying officer shall take the
property into custody.

700.040.  (a) Unless another method of levy is
provided by this article, to levy upon tangible personal property in
the possession or under the control of a third person, the levying
officer shall personally serve a copy of the writ of execution and a
notice of levy on the third person.

(b) If goods are in the possession of a bailee who has issued a
negotiable document of title therefor, the goods may not be levied
upon but the negotiable document of title may be levied upon in the
manner provided by Section 700.120.  If goods are in the possession of
a bailee other than one who has issued a negotiable document of title
therefor, the goods may be levied upon in the manner provided by
Section 700.060.  As used in this subdivision, "bailee" means "bailee"
as defined in Section 7102 of the Commercial Code.

700.050.  (a) To levy upon personal property in the custody of a
levying officer:

(1)    If the writ of execution is directed to the levying officer
having custody of the property, the judgment creditor shall
deliver the writ to the levying officer.

(2)    If the writ of execution is directed to a levying officer
other than the levying officer having custody of the property,
the levying officer to whom the writ is directed shall serve a
copy of the writ and a notice of levy on the levying officer
having custody.  Service shall be made personally or by mail.

(b) The levying officer having custody of the property shall
comply with the writs in the order they are received and is not
subject to the provisions of Article 5 (commencing with
Section 701.010) (duties and liabilities of third persons after levy).

700.060.  (a) To levy upon goods in the possession of a bailee (as
defined in Section 7102 of the Commercial Code) other than one who has
issued a negotiable document of title therefor, the levying officer
shall personally serve a copy of the writ of execution and a notice of
levy on the bailee.

(b) If the goods described in subdivision (a) are subject to a
security interest, the levying officer shall, if so instructed by the
judgment creditor, serve a copy of the writ of execution and a notice
of levy on the secured party.  Service shall be made personally or by
mail.

700.070.  To levy upon tangible personal property of a going business
in the possession or under the control of the judgment debtor, the
levying officer shall comply with Section 700.030, except to the
extent that the judgment creditor instructs that levy be made in the
following manner:

(a)    Subject to subdivision (b), the levying officer shall place
a keeper in charge of the business for the period requested by
the judgment creditor.  During the period, the business may
continue to operate in the ordinary course of business provided
that all sales are final and are for cash or its equivalent.  For
the purpose of this subdivision, a check is the equivalent of
cash.  The levying officer is not liable for accepting payment in
the form of a cash equivalent.  The keeper shall take custody of
the proceeds from all sales unless otherwise directed by the
judgment creditor.

(b)    The levying officer shall take the tangible personal
property into exclusive custody at the earliest of the following
times:

(1)    At any time the judgment debtor objects to placement of a
keeper in charge of the business.

(2)    At any time when requested by the judgment creditor.

(3)    At the end of 10 days from the time the keeper is placed
in charge of the  business.

700.080.  (a) To levy upon personal property used as a dwelling, the
levying officer shall serve a copy of the writ of execution and a
notice of levy on one occupant of the property.  Service on the
occupant shall be made by leaving the copy of the writ and the notice
of levy with the occupant personally or, in the occupant's absence,
with a person of suitable age and discretion found at the property
when service is attempted who is a member of the occupant's family or
household.  If unable to serve such an occupant at the time service is
attempted, the levying officer shall make the levy by posting the copy
of the writ and the notice of levy in a conspicuous place on the
property.

(b)    If the judgment creditor so instructs, the levying officer
shall place a keeper in charge of the property for a period
requested by the judgment creditor.

(c)    The judgment creditor may apply to the court on noticed
motion for an order directing the levying officer to remove the
occupants.  The notice of motion shall be served on any legal
owner and any junior lienholder who was served pursuant to
Section 700.090, on the occupant, and, if the judgment debtor is
not the occupant, on the judgment  debtor.  Service shall be made
personally or by mail.  At the hearing on the motion the court
shall determine the occupant's right to possession and shall make
an order including such terms and conditions as are appropriate
under the circumstances of the case.

700.090.  If a vehicle or vessel is levied upon and a certificate of
ownership has been issued by the Department of Motor Vehicles for such
vehicle or vessel and the certificate of ownership is still in effect,
or if a manufactured home, mobilehome, or commercial coach is levied
upon and a permanent title record has been established by the
Department of Housing and Community Development for such manufactured
home, mobilehome, or commercial coach the levying officer shall
determine from the appropriate department the name and address of the
legal owner and each junior lienholder of the property levied upon.
If the legal owner or junior lienholder is not the judgment debtor and
is not in possession of the vehicle, vessel, manufactured home,
mobilehome, or commercial coach, the levying officer shall at the time
of levy or promptly thereafter serve a copy of the writ of execution
and a notice of levy on the legal owner or junior lienholder.  Service
shall be made personally or by mail.

700.100.  (a) To levy upon chattel paper, the levying officer shall:

(1)    If the chattel paper is in the possession of the judgment
debtor, take the chattel paper into custody.

(2)    If the chattel paper is in the possession of a third person,
personally serve a copy of the writ of execution and a notice of
levy on the third person.

(b) If the levying officer obtains custody of the chattel paper or if
pursuant to a security agreement the judgment debtor has liberty to
collect or compromise the chattel paper or to accept the return of
goods or make repossessions, the levying officer shall, if so
instructed by the judgment creditor, serve a copy of the writ of
execution and a notice of levy on the account debtor.  Service shall
be made personally or by mail.

(c)    In addition to any other rights created by a levy on chattel
paper, the levy creates a lien on the judgment debtor's rights in
specific goods subject to the chattel paper.

700.110.  (a) To levy upon an instrument, the levying officer shall:

(1)    If the instrument is in the possession of the judgment
debtor, take the instrument into custody.

(2)    If the instrument is in the possession of a third person,
personally serve a copy of the writ of execution and a notice of
levy on the third person.

(b) If the levying officer obtains custody of the instrument, the
levying officer shall, if the judgment creditor so instructs, serve a
copy of the writ of execution and a notice of levy on the obligor.
Service shall be made personally or by mail.

700.120.  To levy upon a negotiable document of title, the levying
officer shall:

(a)    If the negotiable document of title is in the possession of
the judgment debtor, take the negotiable document of title into
custody.

(b)    If the negotiable document of title is in the possession of
a third person, personally serve a copy of the writ of execution
and a notice of levy on the third person.  700.130.  To levy upon
a security, the levying officer shall comply with Section 8317 of
the Commercial Code.  The legal process referred to in Section 8317
of the Commercial Code means the legal process required by
the state in which the chief executive office of the issuer of
the security is located and, where that state is California,
means personal service by the levying officer of a copy of the
writ of execution and notice of levy on the person who is to be
served.

700.140.  (a) Subject to Section 700.160, to levy upon a deposit
account, the levying officer shall personally serve a copy of the writ
of execution and a notice of levy on the financial institution with
which the deposit account is maintained.  The execution lien reaches
only amounts in the deposit account at the time of service on the
financial institution (including any item in the deposit account that
is in the process of being collected unless the item is returned
unpaid to the financial institution).

(b)    At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice
of levy on any third person in whose name the deposit account
stands.  Service shall be made personally or by mail.

(c)    During the time the execution lien is in effect, the
financial institution shall not honor a check or other order for
the payment of money drawn against, and shall not pay a
withdrawal from, the deposit account that would reduce the
deposit account to an amount less than the amount levied upon.
For the purposes of this subdivision, in determining the amount
of the deposit account, the financial institution shall not
include the amount of items deposited to the credit of the
deposit account that are in the process of being collected.

(d)    During the time the execution lien is in effect, the
financial institution is not liable to any person for any of the
following:

(1)    Performance of the duties of a garnishee under the levy.

(2)    Nonpayment of a check or other order for the payment of
money drawn or presented against the deposit account where
such nonpayment is pursuant to the requirements of subdivision
c.

(3)    Refusal to pay a withdrawal from the deposit account
where such refusal is pursuant to the requirements of
subdivision c.

(e)    When the amount levied upon pursuant to this section is paid
to the levying officer, the execution lien on the deposit account
levied upon terminates.

(f)    For the purposes of this section, neither of the following
is a third person in whose name the deposit account stands:

(1)    A person who is only a person named as the beneficiary of
a Totten trust account.

(2)    A person who is only a payee designated in a pay-on-death
provision in an account pursuant to Section 852.5, 6854, 14854.5,
or 18318.5 of the Financial Code or other similar provision.

700.150.  (a) Subject to Section 700.160, to levy upon property in a
safe-deposit box, the levying officer shall personally serve a copy of
the writ of execution and a notice of levy on the financial
institution with which the safe-deposit box is maintained.

(b)    At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice
of levy on any third person in whose name the safe-deposit box
stands.  Service shall be made personally or by mail.

(c)    During the time the execution lien is in effect, the
financial institution shall not permit the removal of any of the
contents of the safe-deposit box except pursuant to the levy.

(d)    The levying officer may first give the person in whose name
the safe-deposit box stands an opportunity to open the safe-
deposit box to permit the removal pursuant to the levy of the
property levied upon.  The financial institution may refuse to
permit the forcible opening of the safe-deposit box to permit the
removal of the property levied upon unless the judgment creditor
pays in advance the cost of forcibly opening the safe-deposit box
and of repairing any damage caused thereby.

(e)    During the time the execution lien is in effect, the
financial institution is not liable to any person for any of the
following:

(1)    Performance of the duties of a garnishee under the levy.

(2)    Refusal to permit access to the safe-deposit box by the
person in whose name it stands.

(3)    Removal of any of the contents of the safe-deposit box
pursuant to the levy.

700.160.  (a) Except as provided in subdivision (b), a deposit account
or safe-deposit box standing in the name of a person other than the
judgment debtor, either alone or together with other third persons, is
not subject to levy under Section 700.140 or 700.150 unless the levy
is authorized by court order.

The levying officer shall serve a copy of the court order on the third
person at the time the copy of the writ of execution and the notice of
levy are served on the third person.

(b)    A court order is not required as a prerequisite to levy on a
deposit account or safe-deposit box standing in the name of any
of the following:

(1)    The judgment debtor, whether alone or together with third
persons.

(2)    The judgment debtor's spouse, whether alone or together
with other third persons.  An affidavit showing that the
person in whose name the account stands is the judgment
debtor's spouse shall be delivered to the financial
institution at the time of levy.

(3)    A fictitious business name if an unexpired fictitious
business name statement filed pursuant to Chapter 5 (commencing
with Section 17900) of Part 3 of Division 7 of the
Business and Professions Code lists as the persons doing
business under the fictitious business name either (A) the
judgment debtor or (B) the judgment debtor's spouse or c the
judgment debtor and the judgment debtor's spouse, but does not
list any other person.  A copy of a fictitious business name
statement, certified as provided in Section 17926 of the
Business and Professions Code, that satisfies these
requirements shall be delivered to the financial institution
at the time of levy, and if a person other than the defendant
is listed in the statement, an affidavit showing that the
other person is the judgment debtor's spouse shall also be
delivered to the financial institution at the time of levy.

(c)    In any case where a deposit account in the name of a person
other than the judgment debtor, whether alone or together with
the judgment debtor, is levied upon, the financial institution
shall not pay to the levying officer the amount levied upon until
being notified to do so by the levying officer.  The levying
officer may not require the financial institution to pay the
amount levied upon until the expiration of 15 days after service
of notice of levy on the third person.

700.170.  (a) Unless another method of levy is provided by this
article, to levy upon an account receivable or general intangible, the
levying officer shall personally serve a copy of the writ of execution
and a notice of levy on the account debtor.

(b) If a levy is made under subdivision (a) and payments on the
account receivable or general intangible are made to a person other
than the judgment debtor (whether pursuant to a security agreement,
assignment for collection, or otherwise), the levying officer shall,
if so instructed by the judgment creditor, personally serve a copy of
the writ of execution and a notice of levy on such third person.
Service of the copy of the writ and notice of levy on such third
person is a levy on any amounts owed to the judgment debtor by such
third person.  700.180.  (a) The following property may be levied upon
pursuant to this article notwithstanding that the property levied upon
is the subject of a pending action or special proceeding:

(1)    Real property.

(2)    Growing crops, timber to be cut, or minerals or the like

(including oil and gas) to be extracted or accounts receivable
resulting from the sale thereof at the wellhead or minehead.

(3)    Tangible personal property in the possession or under the
control of the judgment debtor or in the custody of a levying
officer.

(4)    The interest of a judgment debtor in personal property in
the estate of a  decedent, whether the interest arises by testate
or intestate succession.

(b) Except as provided in subdivision (a), a levy upon property that
is the subject of an action or special proceeding pending at the time
of the levy is not effective.

(c)    If a levy is attempted but is ineffective under subdivision

(b) and the levying officer has requested a garnishee's
memorandum under Section 701.030 in connection with the
ineffective levy, the garnishee's memorandum shall include the
following information in addition to that required by Section 701.030:

(1)    A statement that the levy on the property is not
effective because the property is the subject of a pending
action or special proceeding.

(2)    The title of the court, cause, and number of the pending
action or proceeding.

(d)    For the purpose of this section, an action or proceeding is
pending from the time the action or proceeding is commenced until
judgment has been entered and the time for appeal has expired or,
if an appeal is filed, until the appeal has been finally
determined.

(e)    Nothing in this section affects or limits the right of the
judgment creditor to obtain a lien pursuant to Article 5 (commencing
with Section 708.410) of Chapter 6.

700.190.  (a) As used in this section, "final money judgment" means a
money judgment after the time for appeal from the judgment has expired
or, if an appeal is filed, after the appeal has been finally
determined.

(b)    To levy upon a final money judgment, the levying officer
shall file a copy of the writ of execution and a notice of levy
with the clerk of the court that entered the final money
judgment.  The court clerk shall endorse upon the judgment a
statement of the existence of the execution lien and the time it
was created.  If an abstract of the judgment is issued, it shall
include a statement of the execution lien in favor of the
judgment creditor.

(c)    At the time of levy or promptly thereafter, the levying
officer shall serve a copy of the writ of execution and a notice
of levy on the judgment debtor obligated to pay the final money
judgment levied upon.  Service shall be made personally or by
mail.

700.200.  (a) To levy upon the interest of the judgment debtor in
personal property in the estate of a decedent, whether the
interest arises by testate or intestate succession, the levying
officer shall personally serve a copy of the writ and a notice of
levy on the personal representative of the decedent.  The levy
does not impair the powers of the representative over the
property for the purposes of administration.

(b) The personal representative shall report the levy to the
court in which the estate is being administered when any petition
for distribution is filed.  If a decree orders distribution to
the judgment debtor, the court making the decree shall order the
property levied upon to be delivered to the levying officer.  The
property may not be delivered to the levying officer until the
decree distributing the property has become final.  To the extent
the property delivered to the levying officer is not necessary to
satisfy the money judgment, it shall be released to the judgment
debtor.

(c)    Promptly after the property is delivered to the levying
officer pursuant to subdivision (b), the levying officer shall
serve a notice describing the property on the judgment debtor.
Service shall be made personally or by mail.  Notwithstanding
Section 703.520, a claim of exemption for the property described
in the notice may be made within 10 days after the notice was
served on the judgment debtor.

(d)    Notwithstanding Section 697.710, an execution lien created
by a levy pursuant to this section continues for a period of one
year after the decree distributing the interest has become final
unless the judgment is sooner satisfied.

(e)    A writ under which a levy is made pursuant to this section
shall be returned not later than one year after the date the
decree distributing the interest has become final.

701.010.  (a) Except as otherwise provided by statute, when a levy is
made by service of a copy of the writ of execution and a notice of
levy on a third person, the third person at the time of levy or
promptly thereafter shall comply with this section.

(b)    Unless the third person has good cause for failure or
refusal to do so:

(1)    The third person shall deliver to the levying officer any
of the property levied upon that is in the possession or under
the control of the third person at the time of levy unless the
third person claims the right to possession of the property.

(2)    To the extent that the third person does not deny an
obligation levied upon, or claim a priority over the judgment
creditor's lien, the third person shall pay to the levying
officer both of the following:

(A)    The amount of the obligation levied upon that is due
and payable to the judgment debtor at the time of levy.

(B)    Amounts that become due and payable to the judgment
debtor on the obligation levied upon during the period of
the execution lien.

(3)    If the third person makes a delivery or payment to the
levying officer pursuant to this section, the third person
shall execute and deliver any documents  necessary to effect
the transfer of the property.

(c)    For the purposes of this section, "good cause" includes, but
is not limited to, a showing that the third person did not know
or have reason to know of the levy from all the facts and
circumstances known to the third person.

701.020.  (a) If a third person is required by this article to deliver
property to the levying officer or to make payments to the levying
officer and the third person fails or refuses without good cause to do
so, the third person is liable to the judgment creditor for whichever
of the following is the lesser amount:

(1)    The value of the judgment debtor's interest in the property
or the amount of the payments required to be made.

(2)    The amount required to satisfy the judgment pursuant to
which the levy is made.

(b) The third person's liability continues until the earliest of the
following times:

(1)    The time when the property levied upon is delivered to the
levying officer or the payments are made to the levying officer.

(2)    The time when the property levied upon is released pursuant
to Section 699.060.

(3)    The time when the judgment is satisfied or discharged.

(c)    If the third person's liability is established, the court
that determines the liability may, in its discretion, require
the third person to pay the costs and reasonable attorney's
fees incurred by the judgment creditor in establishing the
liability.

701.030.  (a) At the time of service of a copy of the writ of
execution and a notice of levy on a third person, the levying
officer shall request the third person to give the levying
officer a garnishee's memorandum containing the information
required by this section.  Within 10 days after the request is
made, the third person shall mail or deliver the garnishee's
memorandum to the levying officer whether or not the levy is
effective.

(b) The garnishee's memorandum shall be executed under oath
and shall contain the following information:

(1)    A description of any property of the judgment debtor sought
to be levied upon that is not delivered to the levying officer
and the reason for not delivering the property.

(2)    A description of any property of the judgment debtor not
sought to be levied upon that is in the possession or under the
control of the third person at the time of levy.

(3)    A statement of the amount and terms of any obligation to the
judgment debtor sought to be levied upon that is due and payable
and is not paid to the levying officer, and the reason for not
paying the obligation.

(4)    A statement of the amount and terms of any obligation to the
judgment debtor sought to be levied upon that is not due and
payable at the time of levy.

(5)    A statement of the amount and terms of any obligation to the
judgment debtor at the time of levy not sought to be levied upon.

(6)    A description of claims and rights of other persons to the
property or obligation levied upon that are known to the third
person and the names and addresses of such other persons.

(c)    If a garnishee's memorandum is received from the third
person, the levying officer shall promptly mail or deliver a
copy of the memorandum to the judgment creditor and attach the
original to the writ when it is returned to the court.  If a
garnishee's memorandum is not received from the third person,
the levying officer shall so state in the return.

(d)    Except as provided in subdivisions (e) and (f), if a
third person does not give the levying officer a garnishee's
memorandum within the time provided in subdivision (a) or does
not provide complete information, the third person may, in the
court's discretion, be required to pay the costs and
reasonable attorney's fees incurred in any proceedings to
obtain the information required in the garnishee's memorandum.

(e)    Notwithstanding subdivision (a), when the levy is made
upon a deposit account or upon property in a safe deposit box,
the financial institution need not give a garnishee's
memorandum to the levying officer if the financial institution
fully complies with the levy and, if a garnishee's memorandum
is required, the garnishee's memorandum need provide
information with respect only to property which is carried on
the records available at the office or branch where the levy
is made.

(f)    Notwithstanding subdivision (a), the third person need
not give a garnishee's memorandum to the levying officer if
both of the following conditions are satisfied:

(1)    The third person has delivered to the levying officer
all of the property sought to be levied upon.

(2)    The third person has paid to the levying officer the
amount due at the time of levy on any obligation to the
judgment debtor that was levied upon and there is no
additional amount that thereafter will become payable on the
obligation levied upon.

701.035.  A third person who gives a garnishee's memorandum pursuant
to this title is not liable to any person for the disclosure in the
garnishee's memorandum of any information contained in the garnishee's
memorandum. 

701.040.  (a) Except as otherwise ordered by the court
upon a determination that the judgment creditor's lien has priority
over the security interest, if property levied upon is subject to a
security interest that attached prior to levy, the property or
obligation is subject to enforcement of the security interest without
regard to the levy unless the property is in the custody of the
levying officer; but, if the execution lien has priority over the
security interest, the secured party is liable to the judgment
creditor for any proceeds received by the secured party from the
property to the extent of the execution lien.

(b)    After the security interest is satisfied, the secured party
shall deliver any excess property, and pay any excess payments or
proceeds of property, remaining in the possession of the secured
party to the levying officer for the purposes of the levy, as
provided in Sections 9502 and 9504 of the Commercial Code, unless
otherwise ordered by the court or directed by the levying
officer.

(c)    This section shall be repealed on January 1, 1996.

701.050.  After service of a copy of the writ of execution and a
notice of levy on an account debtor obligated on an account
receivable, chattel paper, or general intangible:

(a)    If the account debtor has been making payments or is
required to make payments to the judgment debtor, the account
debtor shall make payments to the levying officer as they become
due unless otherwise directed by court order or by the levying
officer.  Payments made to the judgment debtor after the account
debtor has received notice of the levy do not discharge the
obligation of the account debtor to make payments as required by
this subdivision.

(b)    If the account debtor has been making payments to a third
person or is required to make payments to a third person (whether
pursuant to a security agreement, assignment for collection, or
otherwise), the account debtor shall continue  to make such
payments to the third person notwithstanding the levy until the
account debtor receives notice that the obligation to the third
person is satisfied or is otherwise directed by court order or by
the third person.  After the account debtor receives notice that
the obligation to the third person is satisfied, the account
debtor shall make payments to the levying officer as they become
due unless otherwise directed by court order or by the levying
officer.

(c)    If pursuant to a security agreement the judgment debtor has
liberty to accept the return of goods or make repossessions under
the account receivable or chattel paper, the account debtor shall
deliver to the levying officer property returnable to the
judgment debtor unless otherwise directed by court order or by
the levying officer.

701.060.  If the levying officer obtains custody of an instrument
levied upon and serves the obligor under the instrument pursuant to
the levy, the obligor shall make payments to the levying officer as
they become due.  Payments made to a person other than the levying
officer do not discharge the obligation of the obligor to make
payments as required by this section if the payments are made after
the obligor has received notice of the levy.

701.070.  If a final money judgment has been levied upon and the
levying officer has served the judgment debtor under the final money
judgment levied upon, the judgment debtor shall make any payments due
under the judgment to the levying officer.  Payments made to a person
other than the levying officer do not discharge the obligation of the
judgment debtor under the final money judgment levied upon if the
payments are made after the judgment debtor has received notice of the
levy.  701.510.  Subject to Sections 687.020 and 701.520, the levying
officer shall sell all property that has been levied upon except:

(a)    Tangible personal property may not be sold until the levying
officer obtains custody of the property.

(b)    Cash may not be sold unless it has a value exceeding its
face value.

701.520.  (a) Except as provided in this section, any of the
following property that has been levied upon shall be collected
rather than sold:

(1)    Accounts receivable.

(2)    Chattel paper.

(3)    General intangibles.

(4)    Final money judgments.

(5)    Instruments that are not customarily transferred in an
established market.

(6)    Instruments that represent an obligation arising out of the
sale or lease  of property, a license to use property, the
furnishing of services, or the loan  of money where the property
sold or leased or licensed for use, the services furnished, or
the money loaned was used by an individual primarily for
personal, family, or household purposes.

(b)    At the time of levy on property described in subdivision

(a)    or thereafter, the judgment creditor may serve a notice of
intended sale of the property on the judgment debtor.  Service
shall be made personally or by mail. A copy of the notice of
intended sale and proof of service on the judgment debtor shall be
filed with the court and with the levying officer.  The notice of
intended sale shall describe the property and state that it will be
sold at an execution sale unless, within the time allowed after
service of the notice of intended sale, the judgment debtor applies
to the court on noticed motion for an order that the property be
collected rather than sold.

(c)    Within 10 days after service of the notice of intended sale,
the judgment  debtor may apply to the court on noticed motion for
an order that the property be  collected rather than sold.  A
judgment debtor who so applies shall, within the time allowed for
the application, serve a copy of the notice of motion on the
judgment creditor and file a copy of the notice of motion with
the levying officer.  Service of the copy of the notice of motion
on the judgment creditor shall be made personally or by mail.  If
the copy of the notice of motion is not filed with the levying
officer within the time allowed, the levying officer shall
proceed to sell the property.  If a copy of the notice of motion
is filed with the levying officer within the time allowed, the
levying officer shall continue to collect the property until
otherwise ordered by the court.

(d)    At the hearing on the motion, the court may in its
discretion order that the property be sold or be collected
depending on the equities and circumstances of the particular
case.  If the court orders that the property be sold, the order
may specify terms and conditions of sale.  If the court orders
that the property be collected, the court may condition its order
on an assignment of the property by the judgment debtor to the
judgment creditor pursuant to Article 6 (commencing with
Section 708.510) of Chapter 6.

701.530.  (a) Notice of sale of personal property shall be in writing,
shall state the date, time, and place of sale, and shall describe the
property to be sold.

(b)    Not less than 10 days before a sale of personal property,
notice of sale shall be posted and served on the judgment debtor
by the levying officer. Service shall be made personally or by
mail.

(c)    Posting under this section shall be in three public places
in:

(1)    The city in which the property is to be sold if it is to
be sold in a city.

(2)    The judicial district in which the property is to be sold
if it is not to be sold in a city.

(d)    A sale of personal property of an individual may not
take place until the expiration of the time during which the
judgment debtor may make a claim of exemption under
subdivision (a) of Section 703.520.

701.540.  (a) Notice of sale of an interest in real property shall
be in writing, shall state the date, time, and place of sale, shall
describe the interest to be sold, and shall give a legal
description of the real property and its street address or other
common designation, if any.  If the real property has no street
address or other common designation, the notice of sale shall
include a statement that directions to its location may be obtained
from the levying officer upon oral or written request or, in the
discretion of the levying officer, the notice of sale may contain
directions to its location.  Directions are sufficient if
information as to the location of the real property is given by
reference to the direction and approximate distance from the
nearest crossroads, frontage road, or access road.  If an accurate
legal description of the real property is given, the validity of
the notice and sale is not affected by the fact that the street
address or other common designation, or directions to its location,
are erroneous or omitted.

(b)    Not less than 20 days before the date of sale, notice of sale
of an interest in real property shall be served, mailed, and posted
by the levying officer as provided in subdivisions c, (d), (e), and (f).

(c)    Notice of sale shall be served on the judgment debtor.
Service shall be made personally or by mail.

(d)    Notice of sale shall be posted in the following places:

(1)    One public place in the city in which the interest in the
real property is to be sold if it is to be sold in a city or,
if not to be sold in a city, one public place in the judicial
district in which the interest in the real property is to be
sold.

(2)    A conspicuous place on the real property.

(e)    At the time notice is posted pursuant to paragraph (2) of
subdivision (d), notice of sale shall be served or service shall
be attempted on one occupant of the real property.  Service on
the occupant shall be made by leaving the notice with the
occupant personally or, in the occupant's absence, with any
person of suitable age and discretion found upon the real
property at the time service is attempted who is either an
employee or agent of the occupant or a member of the  occupant's
household.  If the levying officer is unable to serve such an
occupant at the time service is attempted, the levying officer is
not required to make any further attempts to serve an occupant.

(f)    If the property described in the notice of sale consists of
more than one distinct lot, parcel, or governmental subdivision
and any of the lots, parcels, or governmental subdivisions lies
with relation to any of the others so as to form one or more
continuous, unbroken tracts, only one service pursuant to
subdivision (e) and posting pursuant to paragraph (2) of
subdivision (d) need be made as to each continuous,
unbroken tract.

(g)    Notice of sale shall be published pursuant to Section 6063
of the Government Code, with the first publication at least 20
days prior to the time of sale,  in a newspaper of general circulation
published in the city in which the real property or a part thereof is
situated if any part thereof is situated in a city or, if not, in a
newspaper of general circulation published in the judicial district in
which the real property or a part thereof is situated.  If no
newspaper of general circulation is published in the city or judicial
district, notice of sale shall be published in a newspaper of general
circulation in the county in which the real property or a part thereof
is situated.

(h)    Not earlier than 30 days after the date of levy, the
judgment creditor shall determine the names of all persons having
liens on the real property on the date of levy that are of record
in the office of the county recorder and shall instruct the
levying officer to mail notice of sale to each such person at the
address used by the county recorder for the return of the
instrument creating the person's lien after recording.  The
levying officer shall mail notice to each such person, at the
address given in the instructions, not less than 20 days before
the date of sale.

701.545.  Notice of sale of an interest in real property, other than a
leasehold estate with an unexpired term of less than two years at the
time of levy, may not be given pursuant to Section 701.540 until the
expiration of 120 days after the date notice of levy on the interest
in real property was served on the judgment debtor.

701.547.  A notice of sale shall contain the substance of the
following statement:  "Prospective bidders should refer to Sections 701.510
to 701.680, inclusive, of the Code of Civil Procedure for
provisions governing the terms, conditions, and effect of the sale and
the liability of defaulting bidders."

701.550.  (a) In addition to the notice of sale required
by this article, the levying officer shall, at
the time notice of sale is posted pursuant to Section 701.530
or 701.540, mail notice of sale to any person who has requested
notice of the sale pursuant to this section.

(b)    A request for notice of sale under this section made prior
to the issuance of the writ shall be in writing and shall be
filed with the clerk of the court where the judgment is entered.
The request shall specify the title of the court, the cause and
number of the action in which the judgment was entered, and the
date of entry thereof, and shall state the address to which the
notice of sale is to be mailed.  The name and address of the
person requesting notice of sale under this subdivision shall be
noted on the writ.

(c)    A person who desires notice of sale of particular property
that has been levied upon may file a request for notice of sale
with the levying officer who will conduct the sale.  The request
shall contain the information specified by the levying officer as
needed in order to comply with the request.

701.560.  (a) Failure to give notice of sale as required by this
article does not invalidate the sale.

(b) A levying officer who sells property without giving the
required notice is liable to the judgment creditor and the
judgment debtor for actual damages caused by failure to give
notice.

701.570.  (a) A sale of property shall be held at the date, time, and
place specified in the notice of sale, which shall be in the county
where the property or a part thereof is situated and between the hours
of nine in the morning and five in the afternoon.  Subject to
subdivision (d), real property consisting of one parcel, or of two or
more contiguous parcels, situated in two or more counties may be sold
in one county as instructed by the judgment creditor.

(b)    The sale shall be made at auction to the highest bidder.

(c)    If personal property capable of manual delivery is to be
sold, it shall be within the view of those who attend the sale
unless, upon application of the judgment creditor or the judgment
debtor, the court orders otherwise.

(d)    Property shall be sold separately or in such groups or lots
as are likely  to bring the highest price.  The judgment debtor
may request that the property be sold separately or together and
may request that the property be sold in a particular order.  If
the judgment debtor is not present at the sale, the request may
be made in writing and delivered to the levying officer prior to
the sale.  The levying officer shall honor the request if, in the
opinion of the levying officer, the requested manner of sale is
likely to yield an amount at least equal to any other manner of
sale or the amount required to satisfy the money judgment.  The
levying officer is not liable for a decision made in good faith
under this subdivision.

(e)    After sufficient property has been sold to yield the amount
required to satisfy the money judgment, no more shall be sold.

701.580.  The judgment debtor and judgment creditor together may
request in writing that a sale be postponed to an agreed day and hour.
The request shall be delivered to the levying officer conducting the
sale, and the levying officer shall, by public declaration at the time
and place originally fixed for the sale,  postpone the sale to the day
and hour fixed in the request.  Notice of any additional postponements
shall be given by public declaration by the levying officer at the
time and place last appointed for the sale.  No other notice of
postponed sale need be given.  A postponed sale shall be held at the
place originally fixed for the sale.

701.590.  (a) Except as otherwise provided in this section, the
purchaser at a sale shall pay in cash or by certified check or
cashier's check.

(b)    The judgment creditor may bid by giving the levying officer
a written receipt crediting all or part of the amount required to
satisfy the judgment, except that the levying officer's costs
remaining unsatisfied and the amount of preferred labor claims,
exempt proceeds, and any other claim that is required by statute
to be satisfied, shall be paid in cash or by certified check or
cashier's check.

(c)    If the highest bid for an interest in real property sold
exceeds five thousand dollars ($5,000), the highest bidder may
elect to treat the sale as a credit transaction.  A person who
makes the election shall deposit at least five thousand dollars ($5,000)
or 10 percent of the amount bid, whichever is greater,
and within 10 days after the date of the sale shall pay the
balance due plus costs accruing with regard to the property sold
and interest accruing at the rate on money judgments on the
balance of the amount bid from the date of sale until the date of
payment.

(d)    If the highest bid for an item, group, or lot of personal
property sold exceeds two thousand five hundred dollars ($2,500),
the highest bidder may elect to treat the sale as a credit
transaction.  A person who makes the election shall deposit at
least two thousand five hundred dollars ($2,500) or 10
percent of the  amount bid, whichever is greater, and within 10
days after the date of the sale shall pay the balance due plus costs
accruing with regard to the property sold and interest accruing at the
rate on money judgments on the balance of the amount bid from the date
of sale until the date of payment.

(e)    A person who makes the election under subdivision c or

(d)    is not entitled to possession of the property sold until the
amount bid, plus accruing costs and interest, have been paid.

701.600.  If the highest bidder does not pay the amount bid as
prescribed by Section 701.590:

(a)    The levying officer shall sell the property:

(1)    If the default occurs at the sale, either to the next
highest bidder at the amount of the next highest bid if such
bidder agrees or to the highest bidder at a new sale held
immediately.

(2)    If the default occurs after the sale to a credit bidder
pursuant to subdivision c of Section 701.590, to the highest
bidder at a new sale.

(b)    The levying officer shall apply the amount of any deposit
made pursuant to subdivision c of Section 701.590 in the
following order:

(1)    To the satisfaction of costs accruing with regard to the
property sold from the date of the sale until the date the
property is resold, including costs of resale.

(2)    To the satisfaction of interest at the rate on money
judgments on the amount bid from the date of the sale until
the date the property is resold.

(3)    To the amount required to satisfy the money judgment in
the order of distribution prescribed by Section 701.810 or
Section 704.850, whichever is applicable.

(c)    If there is a sale to the next highest bidder or to the
highest bidder at a new sale, the defaulting bidder is liable for
the following amounts in an action by the judgment creditor or
judgment debtor:

(1)    The amount bid, less the amount obtained from the resale
of the property and the amount of any deposit applied pursuant
to subdivision (b).  The amount recovered pursuant to this
paragraph shall be distributed in the manner prescribed by
Section 701.810 or Section 704.850, whichever is applicable.

(2)    Any costs accruing with regard to the property sold from
the date of sale until the date the property is resold,
including costs of resale.

(3)    Interest at the rate on money judgments on the amount bid
from the date of the sale until the date the property is
resold.

(4)    Costs and attorney's fees incurred in the action under
this subdivision.

(d)    The levying officer may, in the levying officer's
discretion, reject any subsequent bid of the defaulting bidder.

701.610.  The levying officer may not be a purchaser or have an
interest in any purchase at a sale.

701.620.  (a) Property may not be sold unless the amount bid exceeds
the total of the following amounts:

(1)    The amount of all preferred labor claims that are required
by Section 1206 to be satisfied from the proceeds.

(2)    The amount of any state tax lien (as defined in Section 7162
of the Government Code) that is superior to the judgment
creditor's lien.

(3)    If the purchaser is not the judgment creditor, the amount of
any deposit made pursuant to Section 720.260 with interest
thereon at the rate on money judgments from the date of the
deposit to the date of the sale.

(b)    Property for which a proceeds exemption is provided by
Section 704.010 (motor vehicle), 704.020 (household furnishings and
other personal effects), or 704.060 (tools of trade), may not be sold
unless the amount bid exceeds the sum of any amount under
subdivision (a) and the amount of the proceeds exemption.

(c)    If a minimum bid required for the sale of property pursuant
to this section is not received, the levying officer shall
promptly release the property.

701.630.  If property is sold pursuant to this article, the lien under
which it is sold, any liens subordinate thereto, and any state tax
lien (as defined in Section 7162 of the Government Code) on the
property sold are extinguished.

701.640.  The purchaser of property at an execution sale acquires any
interest of the judgment debtor in the property sold (1) that is held
on the effective date of the lien under which the property was sold
or (2) that is acquired between such effective date and the date of sale.

701.650.  (a) When the purchaser of personal property pays the amount
due:

(1)    If the property is capable of manual delivery, the levying
officer shall deliver the property to the purchaser and, if the
purchaser so requests, shall execute and deliver a certificate of
sale to the purchaser.

(2)    If the property is not tangible personal property or if it
is otherwise not capable of manual delivery, the levying officer
shall execute and deliver a certificate of sale to the purchaser.

(b) If property or a certificate is delivered pursuant to subdivision (a),
the levying officer shall sign or endorse any document or
instrument in the levying officer's possession relating to the title
to or the right to possession of the property and deliver it to the
purchaser.

701.660.  When the purchaser of an interest in real property pays the
amount due, the levying officer conducting the sale shall execute and
deliver a deed of sale to the purchaser and record a duplicate of the
deed of sale in the office of the county recorder.

701.670.  The certificate of sale or deed of sale shall contain all of
the following:

(a)    The title of the court where the judgment was entered under
which the sale was made and the cause and number of the action.

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

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

(d)    A description of the property sold.

(e)    The date of sale.

701.680.  (a) Except as provided in paragraph (1) of subdivision c, a
sale of property pursuant to this article is absolute and may not be
set aside for any reason.

(b)    If the judgment is reversed, vacated, or otherwise set
aside, the judgment debtor may recover from the judgment creditor
the proceeds of a sale pursuant to the judgment with interest at
the rate on money judgments to the extent the proceeds were
applied to the satisfaction of the judgment.

(c)    If the sale was improper because of irregularities in the
proceedings, because the property sold was not subject to
execution, or for any other reason:

(1)    The judgment debtor, or the judgment debtor's successor
in interest, may commence an action within 90 days after the
date of sale to set aside the sale if the purchaser at the
sale is the judgment creditor.  Subject  to paragraph (2), if
the sale is set aside, the judgment of the judgment creditor
is revived to reflect the amount that was satisfied from the
proceeds of the sale and the judgment creditor is entitled to
interest on the amount of the judgment as so revived as if the
sale had not been made.  Any liens extinguished by the sale of
the property are revived and reattach to the property with the
same priority and effect as if the sale had not been made.

(2)    The judgment debtor, or the judgment debtor's successor
in interest, may recover damages caused by the impropriety.
If damages are recovered against the judgment creditor, they
shall be offset against the judgment to the extent the
judgment is not satisfied.  If damages are recovered against
the levying officer, they shall be applied to the judgment to
the extent the judgment is not satisfied.

(d)    For the purposes of subdivision c, the purchaser of the
property at the sale is not a successor in interest.

703.010.  Except as otherwise provided by statute:

(a)    The exemptions provided by this chapter or by any other
statute apply to all procedures for enforcement of a money
judgment.

(b)    The exemptions provided by this chapter or by any other
statute do not apply if the judgment to be enforced is for the
foreclosure of a mortgage, deed of trust, or other lien or
encumbrance on the property other than a lien created pursuant to
this division or pursuant to Title 6.5 (commencing with
Section 481.010) (attachment).

703.020.  (a) The exemptions provided by this chapter apply only
to property of a natural person.

(b)    The exemptions provided in this chapter may be claimed by
any of the following persons:

(1)    In all cases, by the judgment debtor or a person acting
on behalf of the judgment debtor.

(2)    In the case of community property, by the spouse of the
judgment debtor, whether or not the spouse is also a judgment
debtor under the judgment.

703.030.  (a) An exemption for property that is described in this
chapter or in any other statute as exempt may be claimed within the
time and in the manner prescribed in the applicable enforcement
procedure.  If the exemption is not so claimed, the exemption is
waived and the property is subject to enforcement of a money judgment.

(b)    Except as otherwise specifically provided by statute,
property that is described in this chapter or in any other
statute as exempt without making a claim is not subject to any
procedure for enforcement of a money judgment.

(c)    Nothing in this section limits the authority of the court
pursuant to Section 473 to relieve a person upon such terms as
may be just from failure to claim an exemption within the time
and in the manner prescribed in the applicable enforcement
procedure.

703.040.  A purported contractual or other prior waiver of the
exemptions provided by this chapter or by any other statute, other
than a waiver by failure to  claim an exemption required to be claimed
or otherwise made at the time enforcement is sought, is against public
policy and void.

703.050.  (a) The determination whether property is exempt or the
amount of an exemption shall be made by application of the exemption
statutes in effect (1)  at the time the judgment creditor's lien on
the property was created or (2) if the judgment creditor's lien on the
property is the latest in a series of overlapping liens created when
an earlier lien on the property in favor of the judgment creditor was
in effect, at the time the earliest lien in the series of overlapping
liens was created.

(b) This section applies to all judgments, whether based upon tort,
contract, or other legal theory or cause of action that arose before
or after the operative date of this section, and whether the judgment
was entered before or after the operative date of this section.

(c)    Notwithstanding subdivision (a), in the case of a levy of
execution, the procedures to be followed in levying upon,
selling, or releasing property, claiming, processing, opposing,
and determining exemptions, and paying exemption proceeds, shall
be governed by the law in effect at the time the levy of
execution is made on the property.

703.060.  (a) The Legislature finds and declares that generally
persons who enter into contracts do not do so in reliance on an
assumption that the exemptions in effect at the time of the contract
will govern enforcement of any judgment based on the contract, that
liens imposed on property are imposed not as a matter of right but as
a matter of privilege granted by statute for purposes of priority,
that no vested rights with respect to exemptions are created by the
making of a contract or imposition of a lien, that application of
exemptions and exemption procedures in effect at the time of
enforcement of a judgment is essential to the proper balance between
the rights of judgment debtors and judgment creditors and has a
minimal effect on the economic stability essential for the maintenance
of private and public faith in commercial matters, and that it is the
policy of the state to treat all judgment debtors equally with respect
to exemptions and exemption procedures in effect at the time of
enforcement of a money judgment.  To this end, the Legislature
reserves the right to repeal, alter, or add to the exemptions and the
procedures therefor at any time and intends, unless otherwise provided
by statute, that any repeals, alterations, or additions apply upon
their operative date to enforcement of all money judgments, whether
based upon tort, contract, or other legal theory or cause of action
that arose before or after the operative date of the repeals,
alterations, or additions, whether the judgment was entered before or
after the operative date of the repeals, alterations, or additions.

(b) All contracts shall be deemed to have been made and all liens on
property shall be deemed to have been created in recognition of the
power of the state to repeal, alter, and add to statutes providing for
liens and exemptions from the enforcement of money judgments.

703.070.  Except as otherwise provided by statute:

(a)    The exemptions provided by this chapter or by any other
statute apply to a judgment for child, family, or spousal
support.

(b)    If property is exempt without making a claim, the property
is not subject to being applied to the satisfaction of a judgment
for child, family, or spousal support.

(c)    Except as provided in subdivision (b), if property sought to
be applied to the satisfaction of a judgment for child, family,
or spousal support is shown to be exempt under subdivision (a) in
appropriate proceedings, the court shall, upon noticed motion of
the judgment creditor, determine the extent to which the exempt
property nevertheless shall be applied to the satisfaction of the
judgment.  In making this determination, the court shall take
into account the needs of the judgment creditor, the needs of the
judgment debtor and all the persons the judgment debtor is
required to support, and all other relevant circumstances.  The
court shall effectuate its determination by an order specifying
the extent to which the otherwise exempt property is to be
applied to the satisfaction of the judgment.

703.080.  (a) Subject to any limitation provided in the
particular exemption, a fund that is exempt remains exempt to the
extent that it can be traced into deposit accounts or in the form
of cash or its equivalent.

(b) The exemption claimant has the burden of tracing an exempt
fund.

(c)    The tracing of exempt funds in a deposit account shall be by
application of the lowest intermediate balance principle unless
the exemption claimant or the judgment creditor shows that some
other method of tracing would better serve the interests of
justice and equity under the circumstances of the case.

703.090.  If a judgment creditor has failed to oppose a claim of
exemption within the time allowed by Section 703.550 or if property
has been determined by a court to be exempt, and the judgment creditor
thereafter levies upon or otherwise seeks to apply the property toward
the satisfaction of the same money judgment, the judgment creditor is
not entitled to recover the subsequent costs of collection unless the
property is applied to satisfaction of the judgment.

703.100.  (a) Subject to subdivision (b), the determination whether
property is exempt shall be made under the circumstances existing at
the earliest of the following times:

(1)    The time of levy on the property.

(2)    The time of the commencement of court proceedings for the
application of the property to the satisfaction of the money
judgment.

(3)    The time a lien is created under Title 6.5 (commencing with
Section 481.010) (attachment) or under this title.

(b) The court, in its discretion, may take into consideration any of
the following changes that have occurred between the time of levy or
commencement of enforcement proceedings or creation of the lien and
the time of the hearing:

(1)    A change in the use of the property if the exemption is
based upon the use of property and if the property was used for
the exempt purpose at the time of the levy or the commencement of
enforcement proceedings or the creation of the lien but is used
for a nonexempt purpose at the time of the hearing.

(2)    A change in the value of the property if the exemption is
based upon the value of property.

(3)    A change in the financial circumstances of the judgment
debtor and spouse and dependents of the judgment debtor if the
exemption is based upon their needs.

703.110.  If the judgment debtor is married:

(a)    The exemptions provided by this chapter or by any other
statute apply to all property that is subject to enforcement of a
money judgment, including the interest of the spouse of the
judgment debtor in community property.  The fact that one or both
spouses are judgment debtors under the judgment or that property
sought to be applied to the satisfaction of the judgment is
separate or community does not increase or reduce the number or
amount of the exemptions. Where the property exempt under a
particular exemption is limited to a specified maximum dollar
amount, unless the exemption provision specifically provides
otherwise, the two spouses together are entitled to one exemption
limited to the specified maximum dollar amount, whether one or
both of the spouses are judgment debtors under the judgment and
whether the property sought to be applied to the satisfaction of
the judgment is separate or community.

(b)    If an exemption is required by statute to be applied first
to property not before the court and then to property before the
court, the application of the exemption to property not before
the court shall be made to the community property and separate
property of both spouses, whether or not such property is subject
to enforcement of the money judgment.

(c)    If the same exemption is claimed by the judgment debtor and
the spouse of  the judgment debtor for different property, and
the property claimed by one spouse, but not both, is exempt, the
exemption shall be applied as the spouses agree.  If the spouses
are unable to agree, the exemption shall be applied as directed
by the court in its discretion.

703.115.  In determining an exemption based upon the needs of the
judgment debtor and the spouse and dependents of the judgment debtor
or an exemption based upon the needs of the judgment debtor and the
family of the judgment debtor, the court shall take into account all
property of the judgment debtor and, to the extent the judgment debtor
has a spouse and dependents or family, all property of such spouse and
dependents or family, including community property and separate
property of the spouse, whether or not such property is subject to
enforcement of the money judgment.

703.120.  (a)  Ten years following the operative date of this title
and every 10 years thereafter, the California Law Revision Commission
shall review the exempt amounts provided in this chapter and in other
statutes and recommend to the Governor and the Legislature any changes
in exempt amounts that appear proper.

(b) Nothing in this section precludes the commission from making
recommendations concerning exempt amounts more frequently than
required by subdivision (a) or from making recommendations concerning
any other aspect of this title, and the  commission is authorized to
maintain a continuing review of and submit recommendations concerning
enforcement of judgments.

703.130.  Pursuant to the authority of paragraph (1)
of subsection (b) of Section 522 of Title 11 of the
United States Code, the exemptions set forth in subsection (d) of
Section 522 of Title 11 of the United States Code (Bankruptcy) are not
authorized in this state.

703.140.  (a) In a case under Title 11 of the United States Code, all
of the exemptions provided by this chapter including the homestead
exemption, other than the provisions of subdivision (b) are applicable
regardless of whether there is a money judgment against the debtor or
whether a money judgment is being enforced by execution sale or any
other procedure, but the exemptions provided by subdivision (b) may be
elected in lieu of all other exemptions provided by this chapter, as
follows:

(1)    If a husband and wife are joined in the petition, they
jointly may elect to utilize the applicable exemption provisions
of this chapter other than the provisions of subdivision (b), or
to utilize the applicable exemptions set forth in subdivision

(b), but not both.

(2)    If the petition is filed individually, and not jointly, for
a husband or a wife, the exemptions provided by this chapter
other than the provisions of subdivision (b) are applicable,
except that, if both the husband and the wife effectively waive
in writing the right to claim, during the period the case
commenced by filing the petition is pending, the exemptions
provided by the applicable exemption provisions of this chapter,
other than subdivision (b), in any case commenced by filing a
petition for either of them under Title 11 of the United States
Code, then they may elect to instead utilize the applicable
exemptions set forth in subdivision (b).

(3)    If the petition is filed for an unmarried person, that
person may elect to utilize the applicable exemption provisions
of this chapter other than subdivision (b), or to utilize the
applicable exemptions set forth in subdivision (b), but not both.

(b) The following exemptions may be elected as provided in
subdivision (a):

(1)    The debtor's aggregate interest, not to exceed seven
thousand five hundred dollars ($7,500) in value, in real property
or personal property that the debtor or a dependent of the debtor
uses as a residence, in a cooperative that owns property that the
debtor or a dependent of the debtor uses as a residence, or in a
burial plot for the debtor or a dependent of the debtor.

(2)    The debtor's interest, not to exceed one thousand two
hundred dollars ($1,200) in value, in one motor vehicle.

(3)    The debtor'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 debtor or a dependent of the debtor.

(4)    The debtor'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 debtor or a dependent
of the debtor.

(5)    The debtor's aggregate interest, not to exceed in value four
hundred dollars ($400) plus any unused amount of the exemption
provided under paragraph (1), in any property.

(6)    The debtor'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 debtor or the trade of a
dependent of the debtor.

(7)    Any unmatured life insurance contract owned by the debtor,
other than a credit life insurance contract.

(8)    The debtor'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 debtor under which the insured is the debtor or an
individual of whom the debtor is a dependent.

(9)    Professionally prescribed health aids for the debtor or a
dependent of the debtor.

(10)   The debtor's right to receive any of the following:

(A)    A social security benefit, unemployment compensation, or
a local public assistance benefit.

(B)    A veterans' benefit.

(C)    A disability, illness, or unemployment benefit.

(D)    Alimony, support, or separate maintenance, to the extent
reasonably necessary for the support of the debtor and any
dependent of the debtor.

(E)    A payment under a stock bonus, pension, profitsharing,
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 debtor and any
dependent of the debtor, unless all of the following apply:

(i)    That plan or contract was established by or under the
auspices of an insider that employed the debtor at the time
the debtor's rights under the plan or contract arose.

(ii)   The payment is on account of age or length of service.

(iii)  That plan or contract does not qualify under
Section 401(a), 403(a), 403(b), 408, or 409 of the Internal
Revenue Code of 1954.

(11)   The debtor's right to receive, or property that is traceable
to, any of the following:

(A)    An award under a crime victim's reparation law.

(B)    A payment on account of the wrongful death of an
individual of whom the debtor was a dependent, to the extent
reasonably necessary for the support of the debtor and any
dependent of the debtor.

(C)    A payment under a life insurance contract that insured
the life of an individual of whom the debtor was a dependent
on the date of such individual's death, to the extent
reasonably necessary for the support of the debtor and any
dependent of the debtor.

(D)    A payment, not to exceed seven thousand five hundred
dollars ($7,500), on account of personal bodily injury, not
including pain and suffering or compensation for actual
pecuniary loss, of the debtor or an individual of whom the
debtor is a dependent.

(E)    A payment in compensation of loss of future earnings of
the debtor or an individual of whom the debtor is or was a
dependent, to the extent reasonably necessary for the support
of the debtor and any dependent of the debtor.  703.510.  (a)
Except as otherwise provided by statute, property that has
been levied upon may be claimed to be exempt as provided in
this article.

(b) If property that is exempt without making a claim is levied upon,
it may be released pursuant to the exemption procedure provided in
this article.

703.520.  (a) The claimant may make a claim of exemption by filing
with the levying officer a claim of exemption together with a copy
thereof.  The claim shall be made within 10 days after the date the
notice of levy on the property claimed to be exempt was served on the
judgment debtor.

(b) The claim of exemption shall be executed under oath and shall
include all of the following:

(1)    The name of the claimant and the mailing address where
service of a notice of opposition to the claim may be made upon
the claimant.

(2)    The name and last known address of the judgment debtor if
the claimant is  not the judgment debtor.

(3)    A description of the property claimed to be exempt.  If an
exemption is claimed pursuant to Section 704.010 or 704.060, the
claimant shall describe all other property of the same type (including
exempt proceeds of property of the same type) owned by
the judgment debtor alone or in combination with others on the
date of levy and identify the property, whether or not levied
upon, to which the exemption is to be applied.  If an exemption
is claimed pursuant to subdivision (b) of Section 704.100, the
claimant shall state the nature and amount of all other property
of the same type owned by the judgment debtor or the spouse of
the judgment debtor alone or in combination with others on the
date of levy.

(4)    A financial statement if required by Section 703.530.

(5)    A citation of the provision of this chapter or other statute
upon which the claim is based.

(6)    A statement of the facts necessary to support the claim.

703.530.  (a) If property is claimed as exempt pursuant to a provision
exempting property to the extent necessary for the support of the
judgment debtor and the spouse and dependents of the judgment debtor,
the claim of exemption shall include a financial statement.

(b) The financial statement shall include all of the following
information:

(1)    The name of the spouse of the judgment debtor.

(2)    The name, age, and relationship of all persons dependent
upon the judgment debtor or the spouse of the judgment debtor for
support.

(3)    All sources and the amounts of earnings and other income of
the judgment debtor and the spouse and dependents of the judgment
debtor.

(4)    A list of the assets of the judgment debtor and the spouse
and dependents of the judgment debtor and the value of such
assets.

(5)    All outstanding obligations of the judgment debtor and the
spouse and dependents of the judgment debtor.

(c)    The financial statement shall be executed under oath by
the judgment debtor and, unless the spouses are living
separate and apart, by the spouse of the judgment debtor.

703.540.  Promptly after the filing of the claim of exemption,
the levying officer shall serve both of the following on the
judgment creditor personally or by mail:

(a)    A copy of the claim of exemption.

(b)    A notice of claim of exemption stating that the claim
of exemption has been made and that the levying officer will
release the property unless, within the time allowed as
specified in the notice, both of the following are filed
with the levying officer:

(1)    A copy of the notice of opposition to the claim of
exemption.

(2)    A copy of the notice of motion for an order
determining the claim of exemption.

703.550.  Within 10 days after service of the notice of claim of
exemption, a judgment creditor who opposes the claim of exemption
shall file with the court a notice of opposition to the claim of
exemption and a notice of motion for an order determining the claim of
exemption and shall file with the levying officer a copy of the notice
of opposition and a copy of the notice of motion.  Upon the filing of
the copies of the notice of opposition and notice of motion, the
levying officer shall promptly file the claim of exemption with the
court.  If copies of the notice of opposition and notice of motion are
not filed with the levying officer within the time allowed, the
levying officer shall immediately release  the property to the extent
it is claimed to be exempt.

703.560.  The notice of opposition to the claim of exemption shall be
executed under oath and shall include both of the following:

(a)    An allegation either (1) that the property is not exempt
under the provision of this chapter or other statute relied upon
or (2) that the equity in the property claimed to be exempt is in
excess of the amount provided in the applicable exemption.

(b)    A statement of the facts necessary to support the
allegation.

703.570.  (a) The hearing on the motion shall be held not later
than 20 days from the date the notice of motion was filed with
the court unless continued by the court for good cause.

(b)    Not less than 10 days prior to the hearing, the judgment
creditor shall serve a notice of the hearing and a copy of the
notice of opposition to the claim  of exemption on the claimant
and on the judgment debtor, if other than the claimant.  Service
shall be made personally or by mail.

703.580.  (a) The claim of exemption and notice of opposition to the
claim of  exemption constitute the pleadings, subject to the power of
the court to permit amendments in the interest of justice.

(b)    At a hearing under this section, the exemption claimant has
the burden of proof.

(c)    The claim of exemption is deemed controverted by the notice
of opposition to the claim of exemption and both shall be
received in evidence.  If no other evidence is offered, the
court, if satisfied that sufficient facts are shown by the claim
of exemption (including the financial statement if one is
required) and the notice of opposition, may make its
determination thereon. If not satisfied, the court shall order
the hearing continued for the production of other evidence, oral
or documentary.

(d)    At the conclusion of the hearing, the court shall determine
by order whether or not the property is exempt in whole or in
part.  Subject to Section 703.600, the order is determinative of
the right of the judgment creditor to apply the property to the
satisfaction of the judgment.  No findings are required in a
proceeding under this section.

(e)    The court clerk shall promptly transmit a certified copy of
the order to the levying officer.  Subject to Section 703.610,
the levying officer shall, in compliance with the order, release
the property or apply the property to the satisfaction of the
money judgment.

703.590.  If the court extends the time allowed for an act to be done
under this article, written notice of the extension shall be filed
with the levying officer and, unless notice is waived, shall be served
promptly on the opposing party.  Service shall be made personally or
by mail.

703.600.  An appeal lies from any order made under this article and
shall be taken in the manner provided for appeals in the court in
which the proceeding takes place.

703.610.  (a) Except as otherwise provided by statute,
the levying officer shall not release, sell, or
otherwise dispose of the property for which an exemption is claimed
until the final determination of the exemption.

(b) At any time while the exemption proceedings are pending, upon
motion of the judgment creditor or a claimant, or upon its own motion,
the court may make such orders for disposition of the property as may
be proper under the circumstances of the case.  Such an order may be
modified or vacated by the court at any time during the pendency of
the exemption proceedings upon such terms as are just.

(c)    If an appeal of the determination of a claim of exemption is
taken, notice of the appeal shall be given to the levying officer
and the levying officer shall hold, release, or dispose of the
property in accordance with the provisions governing enforcement
and stay of enforcement of money judgments pending appeal.

704.010.  (a) Any combination of the following is exempt in the amount
of one thousand two hundred dollars ($1,200):

(1)    The aggregate equity in motor vehicles.

(2)    The proceeds of an execution sale of a motor vehicle.

(3)    The proceeds of insurance or other indemnification for the
loss, damage, or destruction of a motor vehicle.

(b) Proceeds exempt under subdivision (a) are exempt for a period
of 90 days after the time the proceeds are actually received by the
judgment debtor.

(c)    For the purpose of determining the equity, the fair market
value of a motor vehicle shall be determined by reference to used
car price guides customarily used by California automobile
dealers unless the motor vehicle is not listed in such price
guides.

(d)    If the judgment debtor has only one motor vehicle and it is
sold at an execution sale, the proceeds of the execution sale are
exempt in the amount of one thousand two hundred dollars ($1,200)
without making a claim.  The levying officer shall consult and
may rely upon the records of the Department of Motor Vehicles in
determining whether the judgment debtor has only one motor
vehicle.  In the case covered by this subdivision, the exemption
provided by subdivision (a) is not available.

704.020.  (a) Household furnishings, appliances, provisions,
wearing apparel, and other personal effects  are exempt in the
following cases:

(1)    If ordinarily and reasonably necessary to, and personally
used or procured for use by, the judgment debtor and members
of the judgment debtor's family at the judgment debtor's
principal place of residence.

(2)    Where the judgment debtor and the judgment debtor's
spouse live separate and apart, if ordinarily and reasonably
necessary to, and personally used or procured for use by, the
spouse and members of the spouse's family at the spouse's
principal place of residence.

(b)    In determining whether an item of property is
"ordinarily and reasonably necessary" under subdivision (a),
the court shall take into account both of the following:

(1)    The extent to which the particular type of item is
ordinarily found in a household.

(2)    Whether the particular item has extraordinary value
as compared to the value of items of the same type found
in other households.

(c)    If an item of property for which an exemption is
claimed pursuant to this  section is an item of the type
ordinarily found in a household but is determined not to be
exempt because the item has extraordinary value as compared
to the value of items of the same type found in other
households, the proceeds obtained at an execution sale of
the item are exempt in the amount determined by the court
to be a reasonable amount sufficient to purchase a
replacement of ordinary value if the court determines that a
replacement is reasonably necessary.  Proceeds exempt under
this subdivision are exempt for a period of 90 days after
the proceeds are actually received by the judgment debtor.

704.030.  Material that in good faith is about to be applied to the
repair or improvement of a residence is exempt if the equity in the
material does not exceed one thousand dollars ($1,000) in the
following cases:

(a)    If purchased in good faith for use in the repair or
improvement of the judgment debtor's principal place of
residence.

(b)    Where the judgment debtor and the judgment debtor's spouse
live separate and apart, if purchased in good faith for use in
the repair or improvement of the spouse's principal place of
residence.

704.040.  Jewelry, heirlooms, and works of art are exempt to the
extent that the aggregate equity therein does not exceed two
thousand five hundred dollars ($2,500).

704.050.  Health aids reasonably necessary to enable the judgment
debtor or the spouse or a dependent of the judgment debtor to
work or sustain health, and prosthetic and orthopedic appliances,
are exempt.

704.060.  (a) Tools, implements, instruments, materials,
uniforms, furnishings, books, equipment, one commercial motor
vehicle, one vessel, and other personal property are exempt to
the extent that the aggregate equity therein does not exceed:

(1)    Two thousand five hundred dollars ($2,500), if reasonably
necessary to and actually used by the judgment debtor in the
exercise of the trade, business, or profession by which the
judgment debtor earns a livelihood.

(2)    Two thousand five hundred dollars ($2,500), if reasonably
necessary to and actually used by the spouse of the judgment
debtor in the exercise of the trade, business, or profession by
which the spouse earns a livelihood.

(3)    Five thousand dollars ($5,000), if reasonably necessary to
and actually used by the judgment debtor and by the spouse of the
judgment debtor in the exercise of the same trade, business, or
profession by which both earn a livelihood.  In the case covered
by this paragraph, the exemptions provided in paragraphs (1)
and (2) are not available.

(b)    If property described in subdivision (a) is sold at an
execution sale, or if it has been lost, damaged, or destroyed,
the proceeds of the execution sale or of insurance or other
indemnification are exempt for a period of 90 days after the
proceeds are actually received by the judgment debtor or the
judgment debtor's spouse.  The amount exempt under this
subdivision is the amount specified in subdivision (a) that
applies to the particular case less the aggregate equity of
any other property to which the exemption provided by
subdivision (a) for the particular case has been applied.

(c)    Notwithstanding subdivision (a), a motor vehicle is not
exempt under subdivision (a) if there is a motor vehicle exempt
under Section 704.010 which is reasonably adequate for use in the
trade, business, or profession for which the exemption is claimed
under this section.

704.070.  (a) As used in this section:

(1)    "Earnings withholding order" means an earnings withholding
order under Chapter 5 (commencing with Section 706.010) (Wage
Garnishment Law).

(2)    "Paid earnings" means earnings as defined in Section 706.011
that were paid to the employee during the 30-day period ending
on the date of the levy.  For the purposes of this paragraph, where
earnings that have been paid to the employee are sought to be
subjected to the enforcement of a money judgment other than by a
levy, the date of levy is deemed to be the date the earnings were
otherwise subjected to the enforcement of the judgment.

(3)    "Earnings assignment order for support" means an earnings
assignment order for support as defined in Section 706.011.

(b)    Paid earnings that can be traced into deposit accounts or
in the form of cash or its equivalent as provided in
Section 703.080 are exempt in the following amounts:

(1)    All of the paid earnings are exempt if prior to payment
to the employee they were subject to an earnings withholding
order or an earnings assignment order for support.

(2)    Seventy-five percent of the paid earnings that are
levied upon or otherwise sought to be subjected to the
enforcement of a money judgment are exempt if prior to
payment to the employee they were not subject to an earnings
withholding order or an earnings assignment order for
support.

704.080.  (a) For the purposes of this section:

(1)    "Deposit account" means a deposit account in which payments
authorized by the Social Security Administration are directly
deposited by the United States government.

(2)    "Payments authorized by the Social Security
Administration" means regular retirement and survivors' benefits,
supplemental security income benefits, coal miners' health benefits,
and disability insurance benefits.

(b) A deposit account is exempt without making a claim in the
following amount:

(1)    Five hundred dollars ($500) where one depositor is the
designated payee of the directly deposited payments.

(2)    Seven hundred fifty dollars ($750) where two or more
depositors are the designated payees of the directly deposited
payments, unless such depositors are joint payees of directly
deposited payments which represent a benefit to only one of the
depositors, in which case the exempt amount is five hundred
dollars ($500).

(c)    The amount of a deposit account that exceeds the
exemption provided in subdivision (b) is exempt to the extent
that it consists of payments authorized by the Social Security
Administration.

(d)    Notwithstanding Article 5 (commencing with Section 701.010) 
of Chapter 3, when a deposit account is levied upon or
otherwise sought to be subjected to the enforcement of a money
judgment, the financial institution that holds the deposit account
shall either place the amount that exceeds the exemption provided in
subdivision (b) in a suspense account or otherwise prohibit withdrawal
of such amount pending notification of the failure of the judgment
creditor to file the affidavit required by this section or the
judicial determination of the exempt status of the amount.  Within 10
business days after the levy, the financial institution shall provide
the levying officer with a written notice stating (1) that  the
deposit account is one in which payments authorized by the Social
Security Administration are directly deposited by the United States
government and (2) the balance of the deposit account that exceeds the
exemption provided by subdivision (b).  Promptly upon receipt of the
notice, the levying officer shall serve the notice on the judgment
creditor.  Service shall be made personally or by mail.

(e)    Notwithstanding the procedure prescribed in Article 2 (commencing
with Section 703.510), whether there is an amount exempt
under subdivision c shall be determined as follows:

(1)    Within five days after the levying officer serves the notice
on the judgment creditor under subdivision (d), a judgment
creditor who desires to claim that the amount is not exempt shall
file with the court an affidavit alleging that the amount is not
exempt and file a copy with the levying officer.
The affidavit shall be in the form of the notice of opposition
provided by Section 703.560, and a hearing shall be set and
held, and notice given, as provided by Sections 703.570 and 703.580.
For the purpose of this subdivision, the "notice of
opposition to the claim of exemption" in Sections 703.570 and 703.580
means the affidavit under this subdivision.

(2)    If the judgment creditor does not file the affidavit with
the levying officer and give notice of hearing pursuant to
Section 703.570 within the time provided in paragraph (1), the
levying officer shall release the deposit account and shall
notify the financial institution.

(3)    The affidavit constitutes the pleading of the judgment
creditor, subject to the power of the court to permit amendments
in the interest of justice.  The affidavit is deemed controverted
and no counteraffidavit is required.

(4)    At a hearing under this subdivision, the judgment debtor has
the burden of proving that the excess amount is exempt.

(5)    At the conclusion of the hearing, the court by order shall
determine whether or not the amount of the deposit account is
exempt pursuant to subdivision c in whole or in part and shall
make an appropriate order for its prompt disposition.  No
findings are required in a proceeding under this subdivision.

(6)    Upon determining the exemption claim for the deposit account
under subdivision c, the court shall immediately transmit a
certified copy of the order of  the court to the financial
institution and to the levying officer.  If the order determines
that all or part of the excess is exempt under subdivision c,
with respect to the amount of the excess which is exempt, the
financial institution shall transfer the exempt excess from the
suspense account or otherwise release any restrictions on its
withdrawal by the judgment debtor.  The transfer or release shall
be effected within three business days of the receipt of the
certified copy of the court order by the financial institution.

(f)    If the judgment debtor claims that a portion of the
amount is exempt other than pursuant to subdivision c, the
claim of exemption shall be made pursuant to Article 2 (commencing
with Section 703.510).  If the judgment debtor
also opposes the judgment creditor's affidavit regarding an
amount exempt pursuant to subdivision c, both exemptions shall
be determined at the same hearing, provided the judgment
debtor has complied with Article 2 (commencing with
Section 703.510).

704.090.  The funds of a judgment debtor confined in a prison or
facility under the jurisdiction of the Department of Corrections or
the Department of the Youth Authority or confined in any county or
city jail, road camp, industrial farm, or other local correctional
facility, held in trust for or to the credit of the judgment debtor,
in an inmate's trust account or similar account by the state, county,
or city, or any agency thereof, are exempt without making a claim in
the amount of one thousand dollars ($1,000).  If the judgment debtor
is married, each spouse is entitled to a separate exemption under this
section or the spouses may combine their exemptions.

704.100.  (a) Unmatured life insurance policies (including endowment
and annuity policies), but not the loan value of such policies, are exempt
without making a claim.

(b) The aggregate loan value of unmatured life insurance policies (including
endowment and annuity policies) is subject to the
enforcement of a money judgment but is exempt in the amount of four
thousand dollars ($4,000). If the judgment debtor is married, each
spouse is entitled to a separate exemption under this subdivision, and
the exemptions of the spouses may be combined, regardless of whether
the policies belong to either or both spouses and regardless of
whether the spouse of the judgment debtor is also a judgment debtor
under the judgment.  The exemption provided by this subdivision shall
be first applied to policies other than the policy before the court
and then, if the exemption is not exhausted, to the policy before the
court.

(c)    Benefits from matured life insurance policies (including
endowment and annuity policies) are exempt to the extent
reasonably necessary for the support of the judgment debtor and
the spouse and dependents of the judgment debtor.

704.110.  (a) As used in this section:

(1)    "Public entity" means the state, or a city, city and county,
county, or other political subdivision of the state, or a public
trust, public corporation, or public board, or the governing body
of any of them, but does not include the United States except
where expressly so provided.

(2)    "Public retirement benefit" means a pension or an annuity,
or a retirement, disability, death, or other benefit, paid or
payable by a public retirement  system.

(3)    "Public retirement system" means a system established
pursuant to statute by a public entity for retirement, annuity,
or pension purposes or payment of disability or death benefits.

(b)    All amounts held, controlled, or in process of
distribution by a public entity derived from contributions by
the public entity or by an officer or employee of the public
entity for public retirement benefit purposes, and all rights
and benefits accrued or accruing to any person under a public
retirement system, are exempt without making a claim.

(c)    Notwithstanding subdivision (b), where an amount
described in subdivision (b) becomes payable to a person and
is sought to be applied to the satisfaction of a judgment for
child, family, or spousal support against that person:

(1)    Except as provided in paragraph (2), the amount is
exempt only to the extent that the court determines under
subdivision (c) of Section 703.070.

(2)    If the amount sought to be applied to the satisfaction of
the judgment is payable periodically, the amount payable is
subject to an earnings assignment order for support as defined in
Section 706.011 or any other applicable enforcement procedure,
but the amount to be withheld pursuant to the assignment order or
other procedure shall not exceed the amount permitted to be
withheld on an earnings withholding order for support under
Section 706.052.  The paying entity may deduct from each payment
made pursuant to an earnings assignment order under this
paragraph an amount reflecting the actual cost of administration
caused by the assignment order up to two dollars ($2) for each
payment.

(d)    All amounts received by any person, a resident of the
state, as a public retirement benefit or as a return of
contributions and interest thereon from the United States or a
public entity or from a public retirement system are exempt.

704.113.    (a) As used in this section, "vacation credits" means
vacation credits accumulated by a state employee pursuant to
Section 18050 of the Government Code or by any other public
employee pursuant to any law for the accumulation of vacation
credits applicable to the employee.

(b)    All vacation credits are exempt without making a claim.

(c)    Amounts paid periodically or as a lump sum representing
vacation credits are subject to any earnings withholding order
served under Chapter 5 (commencing  with Section 706.010) or any
earnings assignment order for support as defined in Section 706.011
and are exempt to the same extent as earnings of a judgment
debtor.

704.114.    (a) Notwithstanding any other provision of law, service
of an earnings assignment order for support on any public entity
described in Section 704.110, other than the United States
government, creates a lien on all employee contributions in the
amount necessary to satisfy a support judgment as determined
under Section 695.210 to the extent that the judgment remains
enforceable.

(b) The public entity shall comply with any request for a return
of employee contributions by an employee named in the order by
delivering the contributions to the clerk of the court from which
the order issued, unless the entity has received a certified copy
of an order terminating the earnings assignment order for
support.

(c)    Upon receipt of moneys pursuant to this section, the
clerk of the court, within 10 days, shall send written notice
of the fact to the parties and to the district attorney
enforcing any order pursuant to Section 11475.1 of the Welfare
and Institutions Code.

(d)    Moneys received pursuant to this section are subject to
any procedure available to enforce an order for support, but
if no enforcement procedure is commenced after 30 days have
elapsed from the date the notice of receipt is sent, the clerk
shall, upon request, return the moneys to the public entity
that delivered the moneys to the court unless the public
entity has informed the court in writing that the moneys shall
be released to the employee.

(e)    A court shall not directly or indirectly condition the
issuance, modification, or termination of, or condition the
terms or conditions of, any order for support upon the making
of a request for the return of employee contributions by an
employee.

704.115.    (a) As used in this section, "private retirement plan"
means:

(1)    Private retirement plans, including, but not limited to,
union retirement plans.

(2)    Profit-sharing plans designed and used for retirement
purposes.

(3)    Self-employed retirement plans and individual retirement
annuities or accounts provided for in the Internal Revenue Code
of 1954 as amended, to the extent the amounts held in the plans,
annuities, or accounts do not exceed the maximum amounts exempt
from federal income taxation under that code.

(b)    All amounts held, controlled, or in process of
distribution by a private retirement plan, for the payment of
benefits as an annuity, pension, retirement allowance,
disability payment, or death benefit from a  private
retirement plan are exempt.

(c)    Notwithstanding subdivision (b), where an amount
described in subdivision (b) becomes payable to a person and
is sought to be applied to the satisfaction of a judgment for
child, family, or spousal support against that person:

(1)    Except as provided in paragraph (2), the amount is
exempt only to the extent that the court determines under
subdivision (c) of Section 703.070.

(2)    If the amount sought to be applied to the satisfaction of
the judgment is payable periodically, the amount payable is
subject to an earnings assignment order for support as defined in
Section 706.011 or any other applicable enforcement procedure,
but the amount to be withheld pursuant to the assignment order or
other procedure shall not exceed the amount permitted to be
withheld on an earnings withholding order for support under
Section 706.052.

(d)    After payment, the amounts described in subdivision (b)
and all contributions and interest thereon returned to any
member of a private retirement plan are exempt.

(e)    Notwithstanding subdivisions (b) and (d), except as
provided in subdivision (f), the amounts described in
paragraph (3) of subdivision (a) are exempt only to the extent necessary
to provide for the support of the judgment debtor when the judgment
debtor retires and for the support of the spouse and dependents of
the judgment debtor, taking into account all resources that are
likely to be available for the support of the judgment debtor when
the judgment debtor retires.  In determining the amount to be
exempt under this subdivision, the court shall allow the judgment
debtor such additional amount as is necessary to pay any federal
and state income taxes payable as a result of the applying of an
amount described in paragraph

(3)    of subdivision (a) to the satisfaction of the money judgment.

(f)  Where the amounts described in paragraph (3) of subdivision (a)
are payable periodically, the amount of such periodic payment that may
be applied to the satisfaction of a money judgment is the amount that
may be withheld from a like amount of earnings under Chapter 5 (commencing
with Section 706.010) (Wage Garnishment Law).

704.120.  (a) Contributions by workers payable to the Unemployment
Compensation Disability Fund and by employers payable to the
Unemployment Fund are exempt without making a claim.

(b)    Before payment, amounts held for payment of the following
benefits are exempt without making a claim:

(1)    Benefits payable under Division 1 (commencing with
Section 100) of the Unemployment Insurance Code.

(2)    Incentives payable under Division 2 (commencing with
Section 5000) of the Unemployment Insurance Code.

(3)    Benefits payable under an employer's plan or system to
supplement unemployment compensation benefits of the employees
generally or for a class or group of employees.

(4)    Unemployment benefits payable by a fraternal organization to
its bona fide members.

(5)    Benefits payable by a union due to a labor dispute.

(c)    After payment, the benefits described in subdivision (b)
are exempt.

(d)    During the payment of benefits described in paragraph (1)
of subdivision (b) to a judgment debtor under a support
judgment, the judgment creditor may, through the appropriate
district attorney, seek to apply the benefit payment to
satisfy the judgment as provided by Section 11350.5 of the
Welfare and Institutions Code.

(e)    During the payment of benefits described in paragraphs (2)
to (5), inclusive, of subdivision (b) to a judgment debtor under a
support judgment, the judgment creditor may, directly or through the
appropriate district attorney, seek to apply the benefit payments to
satisfy the judgment by an earnings assignment order for support as
defined in Section 706.011 or any other applicable enforcement
procedure.  If the benefit is payable periodically, the amount to be
withheld pursuant to the assignment order or other procedure shall be 25
percent of the amount of each periodic payment or any lower amount
specified in writing by the judgment creditor or court order, rounded
down to the nearest whole dollar.  Otherwise the amount to be withheld
shall be the amount the court determines under subdivision c of
Section 703.070.  The paying entity may deduct from each payment made
pursuant to an assignment order under this subdivision an amount
reflecting the actual cost of administration caused by the assignment
order up to two dollars ($2) for each payment.

704.130.  (a) Before payment, benefits from a disability or health
insurance policy or program are exempt without making a claim.  After
payment, the benefits are exempt.

(b) Subdivision (a) does not apply to benefits that are paid or
payable to cover the cost of health care if the judgment creditor is a
provider of health care whose claim is the basis on which the benefits
are paid or payable.  704.140.  (a) Except as provided in Article 5 (commencing
with Section 708.410) of Chapter 6, a cause of action for
personal injury is exempt without making a claim.

(b)    Except as provided in subdivisions c and (d), an award of
damages or a settlement arising out of personal injury is exempt
to the extent necessary for the support of the judgment debtor
and the spouse and dependents of the judgment debtor.

(c)    Subdivision (b) does not apply if the judgment creditor is a
provider of health care whose claim is based on the providing of
health care for the personal injury for which the award or
settlement was made.

(d)    Where an award of damages or a settlement arising out of
personal injury is payable periodically, the amount of such
periodic payment that may be applied to the satisfaction of a
money judgment is the amount that may be withheld from  a like
amount of earnings under Chapter 5 (commencing with
Section 706.010) (Wage Garnishment Law).

704.150.  (a) Except as provided in Article 5 (commencing with
Section 708.410) of Chapter 6, a cause of action for wrongful death
is exempt without making a claim.

(b)    Except as provided in subdivision c, an award of damages or
a settlement arising out of the wrongful death of the judgment
debtor's spouse or a person on whom the judgment debtor or the
judgment debtor's spouse was dependent is exempt to the extent
reasonably necessary for support of the judgment debtor and the
spouse and dependents of the judgment debtor.

(c)    Where an award of damages or a settlement arising out of the
wrongful death of the judgment debtor's spouse or a person on
whom the judgment debtor or the judgment debtor's spouse was
dependent is payable periodically, the amount of such a periodic
payment that may be applied to the satisfaction of a money
judgment is the amount that may be withheld from a like amount of
earnings under Chapter 5 (commencing with Section 706.010) (Wage
Garnishment Law).

704.160.  (a) Except as provided by Chapter 1 (commencing with
Section 4900) of Part 3 of Division 4 of the Labor Code, before payment, a
claim for workers' compensation or workers' compensation awarded or
adjudged is exempt without making a claim.  Except as specified in
subdivision (b), after payment, the award is exempt.

(b) Notwithstanding any other provision of law, during the payment of
workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor, the support judgment
creditor may, through the appropriate district attorney, seek to apply
the workers' compensation temporary disability benefit payment to
satisfy the support judgment as provided by Section 11350.1 of the
Welfare and Institutions Code.

(c)    Notwithstanding any other provision of law, during the
payment of workers' compensation temporary disability benefits
described in subdivision (a) to a support judgment debtor under a
support judgment, including a judgment for reimbursement of
public assistance, the judgment creditor may, directly or through
the appropriate district attorney, seek to apply the temporary
disability benefit payments to satisfy the support judgment by an
earnings assignment order for support, as defined in Section 5208
of the Family Code, or any other applicable enforcement
procedure.  The amount to be withheld pursuant to the earnings
assignment order for support or other enforcement procedure shall
be 25 percent of the amount of each periodic payment or any lower
amount specified in writing by the judgment creditor or court
order, rounded down to the nearest dollar.  Otherwise, the amount
to be withheld shall be the amount the court determines under
subdivision c of Section 703.070.  The paying entity may deduct
from each payment made pursuant to an order assigning earnings
under this subdivision an amount reflecting the actual cost of
administration of this assignment, up to two dollars ($2) for
each payment.

(d)    Unless the provision or context otherwise requires, the
following definitions govern the construction of this section.

(1)    "Judgment debtor" or "support judgment debtor" means a
person who is owing a duty of support.

(2)    "Judgment creditor" or "support judgment creditor" means
the person to whom support has been ordered to be paid.

(3)    "Support" refers to an obligation owing on behalf of a
child, spouse, or family; or an amount owing pursuant to
Section 11350 of the Welfare and Institutions Code.  It also includes past
due support or arrearage when it exists.

704.170.  Before payment, aid provided pursuant to 
Division 9 (commencing with Section 10000) of the
Welfare and Institutions Code or similar aid provided by a charitable
organization or a fraternal benefit society as defined in Section 10990
of the Insurance Code, is exempt without making a claim.  After
payment, the aid is exempt.

704.180.  Before payment, relocation benefits for displacement from a
dwelling which are to be paid pursuant to Chapter 16 (commencing with
Section 7260) of Division 7 of Title 1 of the Government Code or the
federal "Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970" (42 U.S.C.  Sec.  4601 et seq.), as amended, are
exempt without making a claim.  After payment, the benefits are
exempt.

704.190.  (a) As used in this section, "institution of higher
education" means "institution of higher education" as defined in
Section 1141(a) of Title 20 of the United States Code, as amended.

(b) Before payment, financial aid for expenses while attending school
provided to a student by an institution of higher education is exempt
without making a claim.  After payment, the aid is exempt.

704.200.  (a) As used in this section:

(1)    "Cemetery" has the meaning provided by Section 7003 of the
Health and Safety Code.

(2)    "Family plot" is a plot that satisfies the requirements of
Section 8650 of the Health and Safety Code.

(3)    "Plot" has the meaning provided by Section 7022 of the
Health and Safety Code.

(b)    A family plot is exempt without making a claim.

(c)    Except as provided in subdivision (d), a cemetery plot for
the judgment debtor and the spouse of the judgment debtor is
exempt.

(d)    Land held for the purpose of sale or disposition as cemetery
plots or otherwise is not exempt.

704.210.  Property that is not subject to enforcement of a money
judgment is exempt without making a claim.

704.710.  As used in this article:

(a)    "Dwelling" means a place where a person resides and may
include but is not limited to the following:

(1)    A house together with the outbuildings and the land upon
which they are situated.

(2)    A mobilehome together with the outbuildings and the land
upon which they are situated.

(3)    A boat or other waterborne vessel.

(4)    A condominium, as defined in Section 783 of the Civil
Code.

(5)    A planned development, as defined in Section 11003 of the
Business and Professions Code.

(6)    A stock cooperative, as defined in Section 11003.2 of the
Business and Professions Code.

(7)    A community apartment project, as defined in Section 11004
of the Business and Professions Code.

(b)    "Family unit" means any of the following:

(1)    The judgment debtor and the judgment debtor's spouse if
the spouses reside together in the homestead.

(2)    The judgment debtor and at least one of the following
persons who the judgment debtor cares for or maintains in the
homestead:

(A)    The minor child or minor grandchild of the judgment
debtor or the judgment debtor's spouse or the minor child or
grandchild of a deceased spouse or former spouse.

(B)    The minor brother or sister of the judgment debtor or
judgment debtor's spouse or the minor child of a deceased
brother or sister of either spouse.

(C)    The father, mother, grandfather, or grandmother of the
judgment debtor or the judgment debtor's spouse or the
father, mother, grandfather, or grandmother  of a deceased
spouse.

(D)    An unmarried relative described in this paragraph who
has attained the age of majority and is unable to take care
of or support himself or herself.

(3)    The judgment debtor's spouse and at least one of the
persons listed in paragraph (2) who the judgment debtor's
spouse cares for or maintains in the homestead.

(c)    "Homestead" means the principal dwelling (1) in which the
judgment debtor or the judgment debtor's spouse resided on the
date the judgment creditor's lien attached to the dwelling, and (2)
in which the judgment debtor or the judgment debtor's spouse
resided continuously thereafter until the date of the court
determination that the dwelling is a homestead.  Where exempt
proceeds from the sale or damage or destruction of a homestead
are used toward the acquisition of a dwelling within the six-
month period provided by Section 704.720, "homestead" also means
the dwelling so acquired if it is the principal dwelling in which
the judgment debtor or the judgment debtor's spouse resided
continuously from the date of acquisition until the date of the
court determination that the dwelling is a homestead, whether or
not an abstract or certified copy of a judgment was recorded to
create a judgment lien before the dwelling was acquired.

(d)    "Spouse" does not include a married person following entry
of a judgment decreeing legal separation of the parties, unless
such married persons reside together in the same dwelling.

704.720.  (a) A homestead is exempt from sale under this division to
the extent provided in Section 704.800.

(b)    If a homestead is sold under this division or is  damaged or
destroyed or is acquired for public use, the proceeds of sale or
of insurance or other indemnification for damage or destruction
of the homestead or the proceeds received as compensation for a
homestead acquired for public use are exempt in the amount of the
homestead exemption provided in Section 704.730.  The proceeds
are exempt for a period of six months after the time the proceeds
are actually received by the judgment debtor, except that, if a
homestead exemption is applied to other property of the judgment
debtor or the judgment debtor's spouse during that period, the
proceeds thereafter are not exempt.

(c)    If the judgment debtor and spouse of the judgment debtor
reside in separate homesteads, only the homestead of one of the
spouses is exempt and only the proceeds of the exempt homestead
are exempt.

704.730.  (a) The amount of the homestead exemption is one of the
following:

(1)    Fifty thousand dollars ($50,000) unless the judgment debtor
or spouse of the judgment debtor who resides in the homestead is
a person described in paragraph (2) or (3).

(2)    Seventy-five thousand dollars ($75,000) if the judgment
debtor or spouse of the judgment debtor who resides in the
homestead is at the time of the attempted sale of the homestead a
member of a family unit, and there is at least one member of the
family unit who owns no interest in the homestead or whose only
interest in the homestead is a community property interest with
the judgment debtor.

(3)    One hundred thousand dollars ($100,000) if the judgment
debtor or spouse of the judgment debtor who resides in the
homestead is at the time of the attempted sale of the homestead
any one of the following:

(A)    A person 65 years of age or older.

(B)    A person physically or mentally disabled and as a result
of that disability is unable to engage in substantial gainful
employment.  There is a rebuttable presumption affecting the
burden of proof that a person receiving disability insurance
benefit payments under Title II or supplemental security
income payments under Title XVI of the federal Social Security
Act satisfies the requirements of this paragraph as to his or
her inability to engage in substantial gainful employment.

(C)    A person 55 years of age or older with a gross annual
income of not more than fifteen thousand dollars ($15,000) or,
if the judgment debtor is married, a gross annual income,
including the gross annual income of the judgment debtor's
spouse, of not more than twenty thousand dollars ($20,000) and
the sale is an involuntary sale.

(b) Notwithstanding any other provision of this section, the combined
homestead exemptions of spouses on the same judgment shall not exceed
the amount specified in paragraph (2) or (3), whichever is applicable,
of subdivision (a), regardless of whether the spouses are jointly
obligated on the judgment and regardless  of whether the homestead
consists of community or separate property or both.  Notwithstanding
any other provision of this article, if both spouses are entitled  to
a homestead exemption, the exemption of proceeds of the homestead
shall be apportioned between the spouses on the basis of their
proportionate interests in the homestead.

704.740.  (a) Except as provided in subdivision (b), the interest of a
natural person in a dwelling may not be sold under this division to
enforce a money judgment except pursuant to a court order for sale
obtained under this article and the dwelling exemption shall be
determined under this article.

(b) If the dwelling is personal property or is real property in which
the judgment debtor has a leasehold estate with an unexpired term of
less than two years at the time of levy:

(1)    A court order for sale is not required and the procedures
provided in this article relating to the court order for sale do
not apply.

(2)    An exemption claim shall be made and determined as provided
in Article 2 (commencing with Section 703.510).

704.750.  (a) Promptly after a dwelling is levied upon (other than a
dwelling described in subdivision (b) of Section 704.740), the levying
officer shall serve notice on the judgment creditor that the levy
has been made and that the property will be released unless the
judgment creditor complies with the requirements of this section.
Service shall be made personally or by mail.  Within 20 days
after service of the notice, the judgment creditor shall apply to
the court for an order for sale of the dwelling and shall file a
copy of the application with the levying officer.  If the
judgment creditor does not file the copy of the application for
an order for sale of the dwelling within the allowed time, the
levying officer shall release the dwelling.

(b) If the dwelling is located in a county other than the county where
the judgment was entered:

(1)    The judgment creditor shall apply to a court of similar
jurisdiction in the county where the dwelling is located or, if
there is no court of similar jurisdiction, to a court of higher
jurisdiction in that county.

(2)    The judgment creditor shall file with the application an
abstract of judgment in the form prescribed by Section 674 or, in
the case of a judgment described in Section 697.320, a certified
copy of the judgment.

(3)    The judgment creditor shall pay a filing fee of twelve
dollars ($12).  No  law library fee shall be charged.

704.760.  The judgment creditor's application shall be made under
oath, shall  describe the dwelling, and shall contain all of the
following:

(a)    A statement whether or not the records of the county tax
assessor indicate that there is a current homeowner's exemption
or disabled veteran's exemption for the dwelling and the person
or persons who claimed any such exemption.

(b)    A statement, which may be based on information and belief,
whether the dwelling is a homestead and the amount of the
homestead exemption, if any,  and a statement whether or not the
records of the county recorder indicate that a homestead
declaration under Article 5 (commencing with Section 704.910)
that describes the dwelling has been recorded by the judgment
debtor or the spouse of the judgment debtor.

(c)    A statement of the amount of any liens or encumbrances on
the dwelling, the name of each person having a lien or
encumbrance on the dwelling, and the address of such person used
by the county recorder for the return of the instrument creating
such person's lien or encumbrance after recording.

704.770.  (a) Upon the filing of the application by the judgment creditor, the
court shall set a time and place for hearing and order the
judgment debtor to show cause why an order for sale should not be
made in accordance with the application.
The time set for hearing shall be not later than 45 days after
the application is filed or such later time as the court orders
upon a showing of good cause.

(b) Not later than 30 days before the time set for hearing, the
judgment creditor shall do both of the following:

(1)    Serve on the judgment debtor a copy of the order to show
cause, a copy of the application of the judgment creditor, and a
copy of the notice of the hearing in the form prescribed by the
Judicial Council.  Service shall be made personally or by mail.

(2)    Personally serve a copy of each document listed in paragraph (1)
on an occupant of the dwelling or, if there is no occupant
present at the time service is attempted, post a copy of each
document in a conspicuous place at the dwelling.

704.780.  (a) The burden of proof at the hearing is determined in the
following manner:

(1)    If the records of the county tax assessor indicate that
there is a current homeowner's exemption or disabled veteran's
exemption for the dwelling claimed by the judgment debtor or the
judgment debtor's spouse, the judgment creditor has the burden of
proof that the dwelling is not a homestead.  If the records of
the county tax assessor indicate that there is not a current
homeowner's exemption or disabled veteran's exemption for the
dwelling claimed by the judgment debtor or the judgment debtor's
spouse, the burden of proof that the dwelling is a homestead is
on the person who claims that the dwelling is a homestead.

(2)    If the application states the amount of the homestead
exemption, the person claiming the homestead exemption has the
burden of proof that the amount of the exemption is other than
the amount stated in the application.

(b) The court shall determine whether the dwelling is exempt.
If the court determines that the dwelling is exempt, the court
shall determine the amount of the homestead exemption and the fair
market value of the dwelling and shall make an order for sale of the
dwelling subject to the homestead exemption.  The order for sale of
the dwelling subject to the homestead exemption shall specify the
amount of the proceeds of the sale that is to be distributed to each
person having a lien or encumbrance on the dwelling and shall include
the name and address of each such person.  Subject to the provisions
of this article, the sale is governed by Article 6 (commencing with
Section 701.510) of Chapter 3.  If the court determines that the
dwelling is not exempt, the court shall make an order for sale of the
property in the manner provided in Article 6 (commencing with
Section 701.510) of Chapter 3.

(c)    The court clerk shall transmit a certified copy of the court
order (1) to the levying officer and (2) if the court making the
order is not the court in which the judgment was entered, to the
clerk of the court in which the judgment was entered.

(d)    The court may appoint a qualified appraiser to assist the
court in determining the fair market value of the dwelling.  If
the court appoints an appraiser, the court shall fix the
compensation of the appraiser in an amount determined by the
court to be reasonable, not to exceed similar fees for similar
services in the community where the dwelling is located.

704.790.  (a) This section applies in any case where the court makes
an order  for sale of the dwelling upon a hearing at which none of the
following appeared:

(1)    The judgment debtor.

(2)    The judgment debtor's spouse.

(3)    The attorney for the judgment debtor.

(4)    The attorney for the judgment debtor's spouse.

(b)    Not later than 10 days after the date of the order for
sale, the judgment creditor shall serve a copy of the order
and a notice of the order in the form prescribed by the
Judicial Council:

(1)    Personally or by mail on the judgment debtor and the
judgment debtor's spouse.

(2)    Personally on an occupant of the dwelling or, if there
is no occupant present at the time service is attempted,
post a copy of the order and notice in a conspicuous place
at the dwelling.

(c)    Proof of service and of any posting shall be filed with
the court and with the levying officer.  If the judgment
creditor fails to comply with this subdivision and with
subdivision (b) in any case where this section applies, the
dwelling may not be sold under the order for sale.

(d)    If, within 10 days after service of notice of the order,
the judgment debtor or the judgment debtor's spouse files with
the levying officer a declaration  that the absence of the
judgment debtor and the judgment debtor's spouse or the
attorney for the judgment debtor or the judgment debtor's
spouse from the hearing was due to mistake, inadvertence,
surprise, or excusable neglect and that the judgment debtor or
spouse of the judgment debtor wishes to assert the homestead
exemption, the levying officer shall transmit the declaration
forthwith to the court.  Upon receipt of the declaration, the
court shall set a time and place for hearing to determine
whether the determinations of the court should be modified.
The time set for hearing shall be not later than 20 days after
receipt of the declaration.  The court clerk shall cause
notice of the hearing promptly to be given to the parties.

706.010.  This chapter shall be known and may be cited as the
"Wage Garnishment Law."

706.011.  As used in this chapter:

(a)    "Earnings" means compensation payable by an employer to an
employee for  personal services performed by such employee,
whether denominated as wages, salary, commission, bonus, or
otherwise.

(b)    "Earnings assignment order for support" means an order, made
pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of
Division 9 of the Family Code or Section 3088 of the Probate
Code, which requires an employer to withhold earnings for
support.

(c)    "Employee" means a public officer and any individual who
performs services subject to the right of the employer to control
both what shall be done and how it shall be done.

(d)    "Employer" means a person for whom an individual performs
services as an employee.

(e)    "Judgment creditor," as applied to the state, means the
specific state agency seeking to collect a judgment or tax
liability.

(f)    "Judgment debtor" includes a person from whom the state is
seeking to collect a tax liability under Article 4 (commencing
with Section 706.070), whether or not a judgment has been
obtained on such tax liability.

(g)    "Person" includes an individual, a corporation, a
partnership or other unincorporated association, and a public
entity.

706.020.    Except for an earning assignment order for support, the
earnings of an employee shall not be required to be withheld by an
employer for payment of a debt by means of any judicial procedure
other than pursuant to this chapter.

706.021.    Notwithstanding any other provision of this title, a levy
of execution upon the earnings of an employee shall be made by
service of an earnings withholding order upon the employer in
accordance with this chapter.

706.022.    (a) As used in this section, "withholding period" means
the period which commences on the 10th day after service of an
earnings withholding order  upon the employer and which continues
until the earliest of the following dates:

(1)    The date the employer has withheld the full amount required
to satisfy the order.

(2)    The date of termination specified in a court order served on
the employer.

(3)    The date of termination specified in a notice of termination
served on the employer by the levying officer.

(4)    The date of termination of a dormant or suspended earnings
withholding order as determined pursuant to Section 706.032.

(b)    Except as otherwise provided by statute, an employer
shall withhold the amounts required by an earnings withholding
order from all earnings of the employee payable for any pay
period of the employee which ends during the withholding
period.

(c)    An employer is not liable for any amounts withheld and
paid over to the levying officer pursuant to an earnings
withholding order prior to service upon the employer pursuant
to paragraph (2) or (3) of subdivision (a).

706.023.    Except as otherwise provided in this chapter:

(a)    An employer shall comply with the first earnings withholding
order served  upon the employer.

(b)    If the employer is served with two or more earnings
withholding orders on  the same day, the employer shall comply
with the order issued pursuant to the judgment first entered.  If
two or more orders served on the same day are based on judgments
entered upon the same day, the employer shall comply with
whichever one of such orders the employer selects.

(c)    If an earnings withholding order is served while an employer
is required to comply with another earnings withholding order
with respect to the earnings of the same employee, the subsequent
order is ineffective and the employer shall not withhold earnings
pursuant to the subsequent order.

706.024.    (a) The amount required to satisfy an earnings
withholding order is the total amount required to satisfy the writ
of execution on the date the order is issued, with the following
additions and subtractions:

(1)    The addition of the statutory fee for service of the order
and any other statutory fees for performing duties under the
order.

(2)    The addition of costs added to the order pursuant to
Section 685.090.

(3)    The subtraction of the amount of any partial satisfactions.

(4)    The addition of daily interest accruing after issuance of
the order, as adjusted for partial satisfactions.

(b)  From time to time the levying officer, in the levying officer's
discretion, may give written notice to the employer of the amount
required to satisfy the earnings withholding order and the employer
shall determine the total amount to withhold based upon the levying
officer's notice, notwithstanding a different amount stated in the
order originally served on the employer.

(c)    If the full amount required to satisfy the earnings
withholding order as stated in the order or in the levying
officer's notice under subdivision (b) is withheld from the
judgment debtor's earnings, interest ceases to accrue on that
amount.

706.025.    (a) Except as provided in subdivision (b), the amount
required to be withheld pursuant to an earnings withholding order
shall be paid monthly to the levying officer not later than the 15th
day of each month.  The initial monthly payment shall include
all amounts required to be withheld from the earnings of the
employee during the preceding calendar month up to the close of the
employee's pay period ending closest to the last day of that month,
and thereafter each  monthly payment shall include amounts withheld
from the employee's earnings for services rendered in the interim
up to the close of the employee' s pay period ending closest to the
last day of the preceding calendar month.

(b) The employer may elect to pay the amounts withheld to the
levying officer  more frequently than monthly.  If the employer so
elects, payment of the amount withheld from the employee's earnings
for each pay period shall be made not later than 10 days after the
close of the pay period.

706.026.    (a) The levying officer shall receive and account for all
amounts paid by the employer pursuant to Section 706.025 and shall
pay the amounts so received over to the person entitled thereto at
least once every 30 days.

(b) At least once every two years, the levying officer shall file
an account with the court for all amounts collected under the
earnings withholding order, including costs and interest added to
the amount due.

706.027.    If the judgment pursuant to which the earnings
withholding order is  issued is satisfied before the order
otherwise terminates pursuant to Section 706.022, the judgment
creditor shall promptly notify the levying officer who shall
promptly terminate the order by serving a notice of termination on
the employer.

706.028.    (a) "Final earnings withholding order for costs and
interest" means an earnings withholding order for the collection
only of unsatisfied costs and interest, which is issued after an
earlier earnings withholding order has been returned satisfied.

(b) After the amount stated as owing in a prior earnings
withholding order is paid, the judgment creditor may obtain a final
earnings withholding order for costs and interest to collect
amounts of costs and interest that were not collected under the
prior earnings withholding order.

(c)    A final earnings withholding order for costs and interest
shall be enforced in the same manner as other earnings
withholding orders.

(d)    Satisfaction of the amount stated as owing in a final
earnings withholding order for costs and interest is equivalent
to satisfaction of the money judgment.  For this purpose,
interest ceases to accrue on the date of issuance of the final
earnings withholding order and no additional costs may be added
after that date, except for the statutory fee for service of the
order and any other statutory fees for performing duties under
the order.

706.029.    Service of an earnings withholding order creates a lien
upon the earnings of the judgment debtor that are required to be
withheld pursuant to the order and upon all property of the
employer subject to the enforcement of a money judgment in the
amount required to be withheld pursuant to such order.  The lien
continues for a period of one year from the date the earnings of
the judgment debtor become payable unless the amount required to be
withheld pursuant to the order is paid as required by law.

706.030.    (a) A "withholding order for support" is an earnings
withholding order issued on a writ of execution to collect
delinquent amounts payable under a judgment for the support of a
child, or spouse or former spouse, of the judgment debtor.  A
withholding order for support shall be denoted as such on its face.

(b) Notwithstanding any other provision of this chapter:

(1)    An employer shall continue to withhold pursuant to a
withholding order for support until the earliest of the dates
specified in paragraph (1), (2), or (3) of subdivision (a) of
Section 706.022, except that a withholding order for support
shall automatically terminate one year after the employment of
the employee by the employer terminates.

(2)    A withholding order for support has priority over any other
earnings withholding order.  An employer upon whom a withholding
order for support is served shall withhold and pay over earnings
of the employee pursuant to such order notwithstanding the
requirements of another earnings withholding order.

(3)    Subject to paragraph (2) and to Article 3 (commencing with
Section 706.050), an employer shall withhold earnings pursuant to
both a withholding order for support and another earnings
withholding order simultaneously.

706.031.    (a) Nothing in this chapter affects an earnings
assignment order for support.

(b)    An earnings assignment order for support shall be given
priority over any earnings withholding order.  An employer upon
whom an earnings assignment order for support is served shall
withhold and pay over the earnings of the employee pursuant to
the assignment order notwithstanding the requirements of any
earnings withholding order.  When an employer is required to
cease withholding earnings pursuant to an earnings withholding
order, the employer shall notify the levying officer who served
the earnings withholding order that a supervening earnings
assignment order for support is in effect.

(c)    Subject to subdivisions (b), (d), and (e), an employer shall
withhold earnings of an employee pursuant to both an earnings
assignment order for support and an earnings withholding order.

(d)    The employer shall withhold pursuant to an earnings
withholding order only to the extent that the sum of the amount
withheld pursuant to any earnings assignment order for support
and the amount withheld pursuant to the earnings withholding
order does not exceed the amount that may be withheld under
Article 3 (commencing with Section 706.050).

(e)    The employer shall withhold pursuant to an earnings
withholding order for taxes only to the extent that the sum of
the amount withheld pursuant to any earnings assignment order for
support and the amount withheld pursuant to the earnings
withholding order for taxes does not exceed the amount that may
be withheld under Article 4 (commencing with Section 706.070).

706.032.    (a) Except as otherwise provided by statute:

(1)    If withholding under an earnings withholding order ceases
because the judgment debtor's employment has terminated, the
earnings withholding order terminates at the conclusion of a
continuous 180-day period during which no amounts are withheld
under the order.

(2)    If withholding under an earnings withholding order ceases
because the judgment debtor's earnings are subject to an order or
assignment with higher priority, the earnings withholding order
terminates at the conclusion of a continuous two-year period
during which no amounts are withheld under the order.

(b) If an earnings withholding order has terminated pursuant to
subdivision (a), the employer shall return the order to the levying
officer along with a statement of the reasons for returning the order.

706.033.    If the writ is returned before the earnings withholding
order terminates, on termination of the earnings withholding order
the levying officer shall make a supplemental return on the writ.
The supplemental return shall contain the same information as an
original return pursuant to Section 699.560.

706.050.    Except as otherwise provided in this chapter, the
amount of earnings of a judgment debtor exempt from the levy of
an earnings withholding order shall be that amount that may not
be withheld from the judgment debtor's earnings under federal law
in Section 1673(a) of Title 15 of the United States Code.

706.051.    (a) For the purposes of this section, "family of the
judgment debtor" includes the spouse or former spouse of the
judgment debtor.

(b)    Except as provided in subdivision c, the portion of the
judgment debtor's earnings which the judgment debtor proves is
necessary for the support of the judgment debtor or the
judgment debtor's family supported in whole or in part by the
judgment debtor is exempt from levy under this chapter.

(c)    The exemption provided in subdivision (b) is not
available if any of the following exceptions applies:

(1)    The debt was incurred for the common necessaries of
life furnished to the judgment debtor or the family of the
judgment debtor.

(2)    The debt was incurred for personal services rendered by
an employee or former employee of the judgment debtor.

(3)    The order is a withholding order for support under
Section 706.030.

(4)    The order is one governed by Article 4 (commencing with
Section 706.070) (state tax order).

706.052.    (a) Except as provided in subdivision (b), one-half of
the disposable earnings (as defined by Section 1672 of Title 15 of
the United States Code) of the judgment debtor, plus any amount
withheld from the judgment debtor's earnings pursuant to any
earnings assignment order for support, is exempt from levy under
this chapter where the earnings withholding order is a withholding
order for support under Section 706.030.

(b) Except as provided in subdivision c, upon motion of any interested
party, the court shall make an equitable division of the judgment
debtor's earnings that takes into account the needs of all the persons
the judgment debtor is required to support and shall effectuate such
division by an order determining the amount to be withheld from the
judgment debtor's earnings pursuant to the withholding order for
support.

(c)    An order made under subdivision (b) may not authorize the
withholding of an amount in excess of the amount that may be
withheld for support under federal law under Section 1673 of
Title 15 of the United States Code.

706.070.    As used in this article:

(a)    "State" means the State of California and includes any
officer, department, board, or agency thereof.

(b)    "State tax liability" means an amount for which the state
has a state tax lien as defined in Section 7162 of the Government
Code excluding a state tax lien created pursuant to the Fish and
Game Code.

706.071.    This chapter does not limit the state's right to collect
a state tax liability except that (a) no levy upon earnings of an
employee held by an employer is effective unless such levy is made
in accordance with the provisions of this chapter and (b) other
methods of collection may not be used to require an employer to
withhold earnings of an employee in payment of a state tax
liability.

706.072.    (a) A "withholding order for taxes" is an earnings
withholding order issued pursuant to this article to collect a
state tax liability and shall be denoted as a withholding order for
taxes on its face.

(b)    A withholding order for taxes may only be issued under one
of the following circumstances:

(1)    The existence of the state tax liability appears on the
face of the taxpayer's return, including a case where such tax
liability is disclosed from the taxpayer's return after errors
in mathematical computations in the return have been
corrected.

(2)    The state tax liability has been assessed or determined
as provided by statute and the taxpayer had notice of the
proposed assessment or determination and had available an
opportunity to have the proposed assessment or determination
reviewed by appropriate administrative procedures.  If the
taxpayer makes a timely request for review of the assessment
or determination, the state shall not issue a withholding
order for taxes until the administrative review procedure is
completed.  If the taxpayer is given notice of the proposed
assessment or determination but does not make a timely request
for review, the state may issue a withholding order for taxes.

(c)    In any case where a state tax liability has been assessed or
determined prior to July 1, 1983, and the state determines that
the requirement of subdivision (b) may not have been satisfied,
the state may send a "Notice of Proposed Issuance of Withholding
Order for Taxes" to the taxpayer at the taxpayer's last known
address by first-class mail, postage prepaid.  The notice shall
advise the taxpayer that the taxpayer may have the assessment or
determination reviewed by appropriate administrative procedures
and state how such a review may be obtained.  If the taxpayer is
sent such a notice and requests such a review within 30 days from
the date the notice was mailed to the taxpayer, the state shall
provide appropriate administrative procedures for review of the
assessment or determination and shall not issue the withholding
order for taxes until the administrative review procedure is
completed.  If the taxpayer is sent such a notice and does not
request such a review within 30 days from the date the notice was
mailed to the taxpayer, the state may issue the withholding order
for taxes.

(d)    A withholding order for taxes may be issued whether or not
the state tax liability has been reduced to judgment.

706.073.    Except as otherwise provided in this article, the
provisions of this chapter govern the procedures and proceedings
concerning a withholding order for taxes.  For the purposes of this
article, a reference in this chapter to a "levying officer" shall
be deemed to mean the specific state agency seeking to collect a
state tax liability under this article.

706.074.    (a) The state may itself issue a withholding order for
taxes under this section to collect a state tax liability.  The
order shall specify the total amount required to be withheld
pursuant to the order (unpaid tax liability including any
penalties, accrued interest, and costs).

(b) Unless a lesser amount is specified in the order, the amount to
be withheld by the employer each pay period pursuant to an order
issued under this section is the amount required to be withheld
under Section 1673(a) of Title 15 of the United States Code, and is
not subject to the exception provided in Section 1673(b) of Title 15
of the United States Code.

706.075.    (a) This section applies to any withholding order for
taxes issued under this article.

(b)    Together with the withholding order for taxes, the state
shall serve upon the employer an additional copy of the order and
a notice informing the taxpayer of the effect of the order and of
his right to hearings and remedies provided in this chapter.
Within 10 days from the date of service, the employer shall
deliver to the taxpayer a copy of the order and the notice,
except that immediate delivery shall be made where a jeopardy
withholding order for taxes has been served.  If the taxpayer is
no longer employed by the employer and the employer does not owe
the taxpayer any earnings, the employer is not required to make
such delivery.

(c)    The state shall provide for an administrative hearing to
reconsider or modify the amount to be withheld pursuant to the
withholding order for taxes, and the taxpayer may request such a
hearing at any time after service of the order.  If the taxpayer
requests a hearing, the hearing shall be provided, and the matter
shall be determined, within 15 days after the request is received
by the state.  The determination of the amount to be withheld is
subject to the standard provided in subdivision (b) of Section 706.051.
Judicial review of the determination made pursuant to
this subdivision by the state may be had only if a petition for a
writ of mandate pursuant to Section 1094.5 is filed within 90
days from the date that written notice of the state's
determination was delivered or mailed to the taxpayer.

(d)    The employer is not subject to any civil liability for
failure to comply with subdivision (b).  Nothing in this
subdivision limits the power of a court to hold the employer in
contempt of court for failure to comply with subdivision (b).

706.076.    (a) A withholding order for taxes may be issued pursuant
to this section requiring the employer of the taxpayer to withhold
an amount in excess of the amount that may be required to be
withheld pursuant to an order issued under Section 706.074.

(b)    The state may, at any time, apply to a court of record in
the county where the taxpayer was last known to reside for the
issuance of a withholding order for taxes under this section to
collect a state tax liability.

(c)    The application for the order shall include a statement
under oath that the state has served upon the taxpayer both of
the following:

(1)    A copy of the application.

(2)    A notice informing the taxpayer of the purpose of the
application and the right of the taxpayer to appear at the
court hearing on the application.

(d)    Upon the filing of the application, the court shall
immediately set the matter for hearing and the court clerk shall
send a notice of the time and place of the hearing by first-class
mail, postage prepaid, to the state and the taxpayer.  The notice
shall be deposited in the mail at least 10 days before the day
set for the hearing.

(e)    After hearing, the court shall issue a withholding order for
taxes which shall require the taxpayer's employer to withhold and
pay over all earnings of the taxpayer other than that amount
which the taxpayer proves is exempt under subdivision (b) of
Section 706.051, but in no event shall the amount to be withheld
be less than that permitted to be withheld under Section 706.050.

(f)    The state may issue a temporary earnings holding order,
which shall be denoted as such on its face, in any case where the
state intends to apply for a withholding order for taxes under
this section and has determined that the collection of the state
tax liability will be jeopardized in whole or in part if the
temporary earnings holding order is not issued.  The temporary
earnings holding order shall be directed to the taxpayer's
employer and shall require the employer to retain in the
employer's possession or under the employer's control all or such
portion of the earnings of the taxpayer then or thereafter due as
is specified in the order.  Together with the temporary earnings
holding order, the state shall serve upon the employer an
additional copy of the order and a notice informing the taxpayer
of the effect of the order and of the right to the remedies
provided in this chapter.  Upon receipt of the order, the
employer shall deliver to the taxpayer a copy of the order and
notice.  If the taxpayer is no longer employed by the employer
and the employer does not owe the taxpayer any earnings, the
employer is not required to make such delivery.  The temporary
earnings holding order expires 15 days from the date it is served
on the employer unless it is extended by the court on ex parte
application for good cause shown.  If a temporary earnings
holding order is served on an employer, the state may not
thereafter, for a period of six months, serve on the same
employer another temporary earnings holding order for the same
employee unless the court for good cause shown otherwise orders.
Sections 706.153 and 706.154 apply to temporary earnings holding
orders issued under this section.

706.077.    (a) Subject to subdivision (b), an employer upon whom a
withholding  order for taxes is served shall withhold and pay over
earnings of the employee pursuant to such order and shall cease to
withhold earnings pursuant to any prior earnings withholding order
except that a withholding order for support shall be given priority
as provided in Section 706.030.  When an employer is required to
cease withholding earnings pursuant to an earlier earnings
withholding order, the employer shall notify the levying officer
who served the earlier earnings withholding order that a
supervening withholding order for taxes is in effect.

(b) An employer shall not withhold earnings of an employee pursuant
to a withholding order for taxes if a prior withholding order for
taxes is in effect, and, in such case, the subsequent withholding
order for taxes is ineffective.

706.078.    (a) Except as provided in subdivision (b), the employer
shall not withhold pursuant to a withholding order for taxes from
earnings of the employee payable for any pay period of such
employee that ends prior to the 10th day after service of the
order.

(b)    A "jeopardy withholding order for taxes," which shall be
denoted as such on its face, is a withholding order for taxes
that requires that the employer withhold pursuant to the order
from earnings due to the employee at the time of service of the
order on the employer and from earnings thereafter due.  A
jeopardy withholding order for taxes may be issued only where the
state has determined  that the collection of a state tax
liability will be jeopardized in whole or in part by delaying the
time when withholding from earnings commences.

(c)    An employer shall continue to withhold pursuant to a
withholding order for taxes until the amount specified in the
order has been paid in full or the order is withdrawn, except
that the order automatically terminates one year after the
employment of the employee by the employer terminates.  The state
shall promptly serve on the employer a notice terminating the
withholding order for taxes if the state tax liability for which
the withholding order for taxes was issued is satisfied before
the employer has withheld the full amount specified in the order,
and the employer shall discontinue withholding in compliance with
such notice.

706.080.    Service of a withholding order for taxes or of any other
notice or document required under this chapter in connection with a
withholding order for taxes may be made by the state by first-class
mail, postage prepaid, or by any authorized state employee.
Service of a withholding order for taxes is complete when it is
received by the employer or a person described in paragraph (1) or (2)
of subdivision (a) of Section 706.101.  Service of, or the
providing of, any other notice or document required to be served or
provided under this chapter in connection with a withholding order
for taxes is complete when the notice or document is deposited in
the mail addressed to the last known address of the person  on whom
it is served or to whom it is to be provided.

706.081.    Except for the forms referred to in Section 706.076, the
state shall prescribe the form of any order, notice, or other
document required by this chapter in connection with a withholding
order for taxes notwithstanding Sections 706.100 and 706.120, and
any form so prescribed is deemed to comply with this chapter.

706.082.    No review of the taxpayer's tax liability shall be
permitted in any court proceedings under this chapter.

706.084.    Where a warrant, notice of levy, or notice or order to
withhold is served on the employer to enforce a state tax liability
of a person who is an employee of that employer, it shall be deemed
to be a withholding order for taxes as to any earnings that are
subject to the provisions of this chapter if both of  the following
requirements are satisfied:

(a)    The form provides notice on its face that it is to be
treated as a withholding order for taxes as to any earnings that
are subject to the provisions of this chapter.

(b)    The form provides all the information provided in a
withholding order for taxes.

706.100.    Notwithstanding any other provision of law, the
Judicial Council may provide by rule for the practice and procedure
in proceedings under this chapter except for the state' s
administrative hearings provided by Article 4 (commencing with
Section 706.070).

706.101.    (a) An earnings withholding order shall be served by the
levying officer upon the employer by delivery of the order to any
of the following:

(1)    The managing agent or person in charge, at the time of
service, of the branch or office where the employee works or the
office from which the employee is paid.  In the case of a state
employee, the office from which the employee is paid does not
include the Controller's office unless the employee works
directly for the Controller's office.

(2)    Any person to whom a copy of the summons and of the
complaint may be delivered to make service on the employer under
Article 4 (commencing with Section 416.10) of Chapter 4 of Title 5.

(b)    Service of an earnings withholding order shall be made by
personal delivery as provided in Section 415.10 or 415.20 or
by delivery by registered or certified mail, postage prepaid,
with return receipt requested.  When service is made by mail,
service is complete at the time the return receipt is executed
by or on behalf of the recipient.  If the levying officer
attempts service by mail under this subdivision and does not
receive a return receipt within 15 days from the  date of
deposit in the mail of the earnings withholding order, the
levying officer shall make service as provided in
Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5.

(c)    Except as provided in subdivision (b), service of any
notice or document under this chapter may be made by first-
class mail, postage prepaid. If service  is made on the
employer after the employer's return has been received by the
levying officer, the service shall be made by first-class
mail, postage prepaid, on the person designated in the
employer's return to receive notices and at the address
indicated in the employer's return, whether or not such
address is within the county.  Nothing in this subdivision
precludes service by personal delivery (1) on the employer
before the employer's return has been received by the levying
officer or (2) on the person designated in the employer's
return after its receipt.

(d)    Notwithstanding subdivision (b), if the judgment creditor
so requests, the levying officer shall make service of the
earnings withholding order by personal delivery as provided in
Section 415.10 or 415.20.

706.102.    (a) If a writ of execution has been issued to the county
where the judgment debtor's employer is to be served and the time
specified in subdivision  (b) of Section 699.530 for levy on
property under the writ has not expired, a judgment creditor may
apply for the issuance of an earnings withholding order by filing
an application with a levying officer in such county who shall
promptly issue an earnings withholding order.

(b) This section does not apply where the earnings withholding
order is a withholding order for taxes.

706.103.    (a) The levying officer shall serve upon the designated
employer all of the following:

(1)    The original and one copy of the earnings withholding order.

(2)    The form for the employer's return.

(3)    The notice to employee of earnings withholding order.

(b)    At the time the levying officer makes service pursuant to
subdivision (a), the levying officer shall provide the
employer with a copy of the employer's instructions referred
to in Section 706.127.  The Judicial Council may adopt rules
prescribing the circumstances when compliance with this
subdivision is not required.

(c)    No earnings withholding order shall be served upon the
employer after the time specified in subdivision (b) of
Section 699.530.

706.104.    Any employer who is served with an earnings withholding
order shall:

(a)    Deliver to the judgment debtor a copy of the earnings
withholding order and the notice to employee of earnings
withholding within 10 days from the date of service.  If the
judgment debtor is no longer employed by the employer and the
employer does not owe the employee any earnings, the employer is
not required to make such delivery.  The employer is not subject
to any civil liability for failure to comply with this
subdivision.  Nothing in this subdivision limits the power of a
court to hold the employer in contempt of court for failure to
comply with this subdivision.

(b)    Complete the employer's return on the form provided by the
levying officer and mail it by first-class mail, postage prepaid,
to the levying officer within 15 days from the date of service.
If the earnings withholding order is ineffective, the employer
shall state in the employer's return that the order will not be
complied with for this reason and shall return the order to the
levying officer with the employer's return.

706.105.    (a) A judgment debtor may claim an exemption under
Section 706.051 under either of the following circumstances:

(1)    No prior hearing has been held with respect to the earnings
withholding order.

(2)    There has been a material change in circumstances since the
time of the last prior hearing on the earnings withholding order.

(b)    A claim of exemption shall be made by filing with the
levying officer an original and one copy of (1) the judgment
debtor's claim of exemption and (2) the judgment debtor's
financial statement.

(c)    Upon filing of the claim of exemption, the levying
officer shall promptly  send to the judgment creditor, at the
address stated in the application for the earnings withholding
order, by first-class mail, postage prepaid, all of the
following:

(1)    A copy of the claim of exemption.

(2)    A copy of the financial statement.

(3)    A notice of claim of exemption.  The notice shall state
that the claim of exemption has been filed and that the
earnings withholding order will be terminated, or modified
to reflect the amount of earnings claimed to be exempt in
the claim of exemption, unless a notice of opposition to the
claim of exemption is filed with the levying officer by the
judgment creditor within 10 days after the date of the
mailing of the notice of claim of exemption.

(d)    A judgment creditor who desires to contest a claim of
exemption shall, within 10 days after the date of the mailing
of the notice of claim of exemption, file with the levying
officer a notice of opposition to the claim of exemption.

(e)    If a notice of opposition to the claim of exemption is
filed with the levying officer within the 10-day period, the
judgment creditor is entitled to a hearing on the claim of
exemption.  If the judgment creditor desires a hearing on the
claim of exemption, the judgment creditor shall file a notice
of motion for an order determining the claim of exemption with
the court within 10 days after the date the levying officer
mailed the notice of claim of exemption.  If the notice of
motion is so filed, the hearing on the motion shall be held
not later than 30 days from the date the notice of motion was filed
unless continued by the court for good cause.  At the time prescribed
by subdivision (b) of Section 1005, the judgment creditor shall give written
notice of the hearing to the levying officer and shall serve a notice of the
hearing and a copy of the notice of opposition to the claim of
exemption on the judgment debtor and, if the claim of exemption so
requested, on the attorney for the judgment debtor.  Service is deemed
made when the notice of the hearing and a copy of the notice of
opposition to the claim of exemption are deposited in the mail,
postage prepaid, addressed to the judgment debtor at the address
stated in the claim of exemption and, if service on the attorney for
the judgment debtor was requested in the claim of exemption, to the
attorney at the address stated in the claim of exemption.  The
judgment creditor shall file proof of the service with the court.

After receiving the notice of the hearing and before the date set for
the hearing, the levying officer shall file the claim of exemption and
the notice of opposition to the claim of exemption with the court.

(f)    If the levying officer does not receive a notice of
opposition to the claim of exemption within the 10-day period
after the date of mailing of the notice of claim of exemption and
a notice of the hearing not later than 10 days after the filing
of the notice of opposition to the claim of exemption, the
levying officer shall serve on the employer one of the following:

(1)    A notice that the earnings withholding order has been
terminated if all of the judgment debtor's earnings were
claimed to be exempt.

(2)    A modified earnings withholding order which reflects the
amount of earnings claimed to be exempt in the claim of
exemption if only a portion of the judgment debtor's earnings
was claimed to be exempt.

(g)    If, after hearing, the court orders that the earnings
withholding order be modified or terminated, the clerk shall
promptly transmit a certified copy of the order to the levying
officer who shall promptly serve on the employer of the judgment
debtor (1) a copy of the modified earnings withholding order or (2)
a notice that the earnings withholding order has been
terminated. The court may order that the earnings withholding
order be terminated as of a date which precedes the date of
hearing.  If the court determines that any amount withheld
pursuant to the earnings withholding order shall be paid to the
judgment debtor, the court shall make an order directing the
person who holds that amount to pay it promptly to the judgment
debtor.

(h)    If the earnings withholding order is terminated by the
court, unless the court otherwise orders or unless there is a
material change of circumstances since the time of the last prior
hearing on the earnings withholding order, the judgment creditor
may not apply for another earnings withholding order directed to
the same employer with respect to the same judgment debtor for a
period of 100 days following the date of service of the earnings
withholding order or 60 days after the date of the termination of
the order, whichever is later.

(i)    If an employer has withheld and paid over amounts pursuant
to an earnings  withholding order after the date of termination
of the order but prior to the receipt of notice of its
termination, the judgment debtor may recover those amounts only
from the levying officer if the levying officer still holds those
amounts  or, if those amounts have been paid over to the judgment
creditor, from the judgment creditor.  If the employer has
withheld amounts pursuant to an earnings withholding order after
termination of the order but has not paid over those amounts to
the levying officer, the employer shall promptly pay those
amounts to the judgment debtor.

(j)    An appeal lies from any court order under this section
denying a claim of exemption or modifying or terminating an
earnings withholding order.  The appeal shall be taken in the
manner provided for appeals in the court in which the proceeding
is had.  An appeal by the judgment creditor from an order
modifying or terminating the earnings withholding order does not
stay the order from which the appeal is taken.  Notwithstanding
the appeal, until the order modifying or terminating the earnings
withholding order is set aside or modified, the order allowing
the claim of exemption in whole or in part shall be given the
same effect as if the appeal had not been taken.

(k)    This section does not apply to a withholding order for
support or a withholding order for taxes.

706.106.    No findings are required in court proceedings under this
chapter.

706.108.    (a) If a writ of execution has been issued to the county
where the judgment debtor's employer is to be served and the time
specified in subdivision  (b) of Section 699.530 for levy on
property under the writ has not expired, a judgment creditor may
deliver an application for issuance of an earnings withholding
order to a registered process server who may then issue an earnings
withholding order.

(b)    If the registered process server has issued the earnings
withholding order, the registered process server, before serving
the earnings withholding order, shall deposit with the levying
officer a copy of the writ of execution, the application for
issuance of an earnings withholding order, and a copy of the
earnings withholding order, and shall pay the fee provided by
Section 26750 of the Government Code.

(c)    A registered process server may serve an earnings
withholding order on an employer whether the earnings withholding
order was issued by a levying officer or by a registered process
server, but no earnings withholding order may be served after the
time specified in subdivision (b) of Section 699.530. In
performing this function, the registered process server shall
serve upon the designated employer all of the following:

(1)    The original and one copy of the earnings withholding
order.

(2)    The form for the employer's return.

(3)    The notice to employee of earnings withholding order.

(4)    A copy of the employer's instructions referred to in
Section 706.127, except as otherwise prescribed in rules adopted by
the Judicial Council.

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

(1)    The writ of execution, if it is not already in the hands
of the levying officer.

(2)    Proof of service on the employer of the papers listed in
subdivision c.

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

(e)    If the fee provided by Section 26750 of the Government
Code has been paid, the levying officer shall perform all other duties
required by this chapter as if the levying officer had served the
earnings withholding order.  If the registered process server does not
comply with subdivisions (b), where applicable, and (d), the service
of the earnings withholding order is ineffective and the levying
officer is not required to perform any duties under the order and may
terminate the order and may release any withheld earnings to the
judgment debtor.

(f)    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 is governed by Section 1033.5 but
may not exceed one dollar and fifty cents ($1.50).

706.109.    An earnings withholding order may not be issued against
the earnings of the spouse of the judgment debtor except by court
order upon noticed motion.

706.120.    Except as provided in Section 706.081, the Judicial
Council shall prescribe the form of the applications, notices,
claims of exemption, orders, and other documents required by this
chapter as provided in Section 681.030, and only such forms may
be used to implement this chapter.

706.121.    The "application for issuance of earnings withholding
order" shall be executed under oath and shall include all of the
following:

(a)    The name, the last known address, and, if known, the
social security number of the judgment debtor.

(b)    The name and address of the judgment creditor.

(c)    The court where the judgment was entered and the date the
judgment was entered.

(d)    The date of issuance of a writ of execution to the county
where the earnings withholding order is sought.

(e)    The total amount required to satisfy the order on the
date of issuance (which may not exceed the amount required to
satisfy the writ of execution on the date of issuance of the
order plus the levying officer's statutory fee for service of
the order).

(f)    The name and address of the employer to whom the order
will be directed.

(g)    The name and address of the person to whom the withheld
money is to be paid by the levying officer.

706.122.    The "notice to employee of earnings withholding order"
shall contain a statement that informs the employee in simple terms
of the nature of a wage garnishment, the right to an exemption, the
procedure for claiming an exemption, and any other information the
Judicial Council determines would be useful to the employee and
appropriate for inclusion in the notice, including all of the
following:

(a)    The named employer has been ordered to withhold from the
earnings of the judgment debtor the amounts required to be
withheld under Section 706.050, or such other amounts as are
specified in the earnings withholding order, and to pay these
amounts over to the levying officer for transmittal to the person
specified in the order in payment of the judgment described in
the order.

(b)    The manner of computing the amounts required to be withheld
pursuant to Section 706.050.

(c)    The judgment debtor may be able to keep more or all of the
judgment debtor's earnings if the judgment debtor proves that the
additional earnings are necessary for the support of the judgment
debtor or the judgment debtor's family supported in whole or in
part by the judgment debtor.

(d)    If the judgment debtor wishes a court hearing to prove that
amounts should not be withheld from the judgment debtor's
earnings because they are necessary for the support of the
judgment debtor or the judgment debtor's family supported in
whole or in part by the judgment debtor, the judgment debtor
shall file with the levying officer an original and one copy of
the "judgment debtor's claim of exemption" and an original and
one copy of the "judgment debtor's financial  statement."  The
notice shall also advise the judgment debtor that the claim of
exemption form and the financial statement form may be obtained
without charge at the office of the levying officer.

706.123.    The "judgment debtor's claim of exemption" shall be
executed under oath.  The claim of exemption shall indicate how
much the judgment debtor believes should be withheld from the
judgment debtor's earnings each pay period by the employer pursuant
to the earnings withholding order and shall state the judgment
debtor's present mailing address.

706.124.    The "judgment debtor's financial statement" shall be
executed as provided in Section 703.530 and contain all of the
information required by that section and the following additional
information:

(a)    Whether any earnings withholding orders are in effect with
respect to the earnings of the judgment debtor or the spouse or
dependents of the judgment debtor.

(b)    Whether any earnings assignment orders for support are in
effect with respect to the earnings of the judgment debtor or the
spouse or dependents of the judgment debtor.

706.125.    The "earnings withholding order" shall include all of the
following:

(a)    The name, address, and, if known, the social security number
of the judgment debtor.

(b)    The name and address of the employer to whom the order is
directed.

(c)    The court where the judgment was entered, the date the
judgment was entered, and the name of the judgment creditor.

(d)    The date of issuance of the writ of execution to the county
where the earnings withholding order is sought.

(e)    The total amount required to satisfy the order on the date
of issuance (which may not exceed the amount required to satisfy
the writ of execution on the date of issuance of the order plus
the levying officer's statutory fee for service of the order).

(f)    A description of the withholding period and an order to the
employer to withhold from the earnings of the judgment debtor for
each pay period the amount required to be withheld under
Section 706.050 or the amount specified in the order subject to
Section 706.024, as the case may be, for the pay periods ending
during the withholding period.

(g)    An order to the employer to pay over to the levying officer
at a specified address the amount required to be withheld and
paid over pursuant to the order in the manner and within the
times provided by law.

(h)    An order that the employer fill out the "employer's return"
and return it by first-class mail, postage prepaid, to the
levying officer at a specified address within 15 days after
service of the earnings withholding order.

(i)    An order that the employer deliver to the judgment debtor a
copy of the earnings withholding order and the "notice to
employee of earnings withholding order" within 10 days after
service of the earnings withholding order; but, if the judgment
debtor is no longer employed by the employer and the employer
does not owe the employee any earnings, the employer is not
required to make such delivery.

(j)    The name and address of the levying officer.

706.126.    (a) The "employer's return" shall be executed under oath.
The form for the return provided to the employer shall state all of
the following information:

(1)    The name and address of the levying officer to whom the form
is to be returned.

(2)    A direction that the form be mailed to the levying officer
by first-class  mail, postage prepaid, no later than 15 days
after the date of service of the earnings withholding order.

(3)    The name, the address, and, if known, the social security
number of the judgment debtor.

(b) In addition, the employer's return form shall require the employer
to supply all of the following information:

(1)    The date the earnings withholding order was served on the
employer.

(2)    Whether the judgment debtor is employed by the employer or
whether the employer otherwise owes earnings to the employee.

(3)    If the judgment debtor is employed by the employer or the
employer otherwise owes earnings to the employee, the amount of
the employee's earnings for the last pay period and the length of
this pay period.

(4)    Whether the employer was required on the date of service to
comply with an earlier earnings withholding order and, if so, the
name of the judgment creditor who secured the earlier order, the
levying officer who served such order, the date it was issued,
the date it was served, the expiration date of such order, and
which of the earnings withholding orders the employer is required
to comply with under the applicable statutory rules concerning
the priority of such orders.

(5)    Whether the employer was required on the date of service to
comply with an earnings assignment order for support and, if so,
the court which issued such assignment order and the date it was
issued and any other information the Judicial Council determines
is needed to identify the order.

(6)    The name and address of the person to whom notices to the
employer are to be sent.

706.127.    (a) The Judicial Council shall prepare "employer's
instructions" for employers and revise or supplement these
instructions to reflect changes in the law or rules regulating the
withholding of earnings.

(b) Except to the extent that they are included in the forms
required to be provided by the employer to the levying officer, the
Judicial Council shall publish and provide to the levying officers
copies of the employer's instructions.

706.128.    The "judgment creditor's notice of opposition to the
claim of exemption" shall be executed under oath and shall include
all of the following:

(a)    The name, last known address, and, if known, the social
security number of the judgment debtor.

(b)    The name and address of the judgment creditor.

(c)    The date of mailing of the notice of claim of exemption.

(d)    The amount of the judgment debtor's claim of exemption which
the judgment creditor claims is not exempt.

(e)    The factual and legal grounds for the judgment creditor's
opposition to the claim of exemption.

706.129.    The levying officer shall have copies of the forms for
the "judgment debtor's claim of exemption" and "judgment debtor's
financial statement" available at the levying officer's office for
distribution without charge to a person who desires to make a claim
of exemption under Section 706.051.

706.151.    The Judicial Council may perform all acts required by
the Administrator of the Wage and Hour Division of the United
States Department of Labor as conditions to exemption of this
state from the earnings garnishment provisions of  the Consumer
Credit Protection Act of 1968 (15 U.S.C. Secs. 1671 -1677),
including, but not limited to:

(a)    Representing and acting on behalf of the state in
relation to the Administrator of the Wage and Hour Division
and the administrator's representatives with regard to any
matter relating to, or arising out of, the application,
interpretation, and enforcement of the laws of this state
regulating withholding of earnings.

(b)    Submitting to the Administrator of the Wage and Hour
Division in duplicate and on a current basis, a certified copy of
every statute of this state affecting earnings withholding, and a
certified copy of any decision in any case involving any of those
statutes, made by the Supreme Court of this state.

(c)    Submitting to the Administrator of the Wage and Hour
Division any information relating to the enforcement of earnings
withholding laws of this state which the administrator may request.

706.152.    If an employer withholds earnings pursuant to this
chapter and, with the intent to defraud either the judgment
creditor or the judgment debtor, fails to pay such withheld
earnings over to the levying officer, the employer is guilty of a
misdemeanor.

706.153.    (a) No employer shall defer or accelerate any payment of
earnings to an employee with the intent to defeat or diminish the
judgment creditor's rights under an earnings withholding order
issued pursuant to the procedures provided by this chapter.

(b) If an employer violates this section, the judgment creditor may
bring a civil action against the employer to recover the amount
that would have been withheld and paid over pursuant to this
chapter had the employer not violated this section.  The remedy
provided by this subdivision is not exclusive.

706.154.    (a) If an employer fails to withhold or to pay over the
amount the employer is required to withhold and pay over pursuant
to this chapter, the judgment creditor may bring a civil action
against the employer to recover such amount.  The remedy provided
by this subdivision is not exclusive.

(b) Notwithstanding subdivision (a), an employer who complies with
any written order or written notice which purports to be given or
served in accordance with the provisions of this chapter is not
subject to any civil or criminal liability for such compliance
unless the employer has actively participated in a fraud.

708.010.  (a) Except as provided in this section and in subdivision (b)
of Section 708.020, the procedure in this article may be used at
any time a money judgment is enforceable.

(b) If enforcement of the judgment is stayed on appeal by the giving
of a sufficient undertaking under Chapter 2 (commencing with Section 916)
of Title 13, all proceedings under this article are stayed.  In
any other case where the enforcement of the judgment is stayed, all
proceedings under this article are stayed unless the court otherwise
expressly orders.  708.020.  (a) The judgment creditor may propound
written interrogatories to the judgment debtor in the manner provided
in Section 2030 requesting information to aid in enforcement of the
money judgment.  The judgment debtor shall answer the interrogatories
in the manner and within the time provided by Section 2030.

(b) The judgment creditor may not serve interrogatories pursuant to
this section within 120 days after the judgment debtor has responded
to interrogatories previously served pursuant to this section or
within 120 days after the judgment debtor has been examined pursuant
to Article 2 (commencing with Section 708.110), and the judgment
debtor is not required to respond to any interrogatories so served.

(c)    Interrogatories served pursuant to this section may be
enforced, to the extent practicable, in the same manner as
interrogatories in a civil action.

(d)    The limitation provided by Section 2030 on the number of
interrogatories that may be propounded applies to each set of
interrogatories propounded from time to time pursuant to this
section, but does not apply cumulatively to interrogatories
propounded by the judgment creditor to the judgment debtor.

708.030.  (a) The judgment creditor may demand that any judgment
debtor 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 in the manner provided in Section 2031, if the demand
requests information to aid in enforcement of the money judgment.  The
judgment debtor shall respond and comply with the demand in the manner
and within the time provided by Section 2031.

(b) The judgment creditor may not serve interrogatories or inspection
demands pursuant to this section or Section 708.020 within 120 days
after the judgment debtor has responded to the interrogatories or
demands previously served pursuant to this section or Section 708.020,
or within 120 days after the judgment debtor has been examined
pursuant to Article 2 (commencing with Section 708.110), and the
judgment debtor is not required to respond to any discovery so served.

(c)    Inspection demands served pursuant to this section may be
enforced to the extent practicable, in the same manner as
inspection demands in a civil action.

708.110.    (a) The judgment creditor may apply to the proper court
for an order requiring the judgment debtor to appear before the
court, or before a referee appointed by the court, at a time and
place specified in the order, to furnish information to aid in
enforcement of the money judgment.

(b) If the judgment creditor has not caused the judgment
debtor to be examined under this section during the preceding 120
days, the court shall make the order upon ex parte application of
the judgment creditor.

(c)    If the judgment creditor has caused the judgment debtor to
be examined under this section during the preceding 120 days, the
court shall make the order if the judgment creditor by affidavit
or otherwise shows good cause for the order.  The application
shall be made on noticed motion if the court so directs or a
court rule so requires.  Otherwise, it may be made ex parte.

(d)    The judgment creditor shall personally serve a copy of the
order on the judgment debtor not less than 10 days before the
date set for the examination.  Service shall be made in the
manner specified in Section 415.10.  Service of the order creates
a lien on the personal property of the judgment debtor for a
period of one year from the date of the order unless extended or
sooner terminated by the court.

(e)    The order shall contain the following statement in 14-point
boldface type if printed or in capital letters if typed:
"NOTICE TO JUDGMENT DEBTOR.  If you fail to appear at the time and
place specified in this order, you may be subject to arrest and
punishment for contempt of court and the court may make an order
requiring you to pay the reasonable attorney's fees incurred by the
judgment creditor in this proceeding."

708.120.  (a) Upon ex parte application by a judgment creditor
who has a money judgment and proof by the judgment
creditor by affidavit or otherwise to the satisfaction
of the proper court that a third person has possession or control of
property in which the judgment debtor has an interest or is indebted
to the judgment debtor in an amount exceeding two hundred fifty
dollars ($250), the court shall make an order directing the third
person to appear before the court, or before a referee appointed by
the court, at a time and place specified in the order, to answer
concerning such property or debt.  The affidavit in support of the
judgment creditor's application may be based on the affiant's
information and belief.

(b)    Not less than 10 days prior to the date set for the
examination, a copy of the order shall be:

(1)    Served personally on the third person.

(2)    Served personally or by mail on the judgment debtor.

(c)    If the property in the third person's possession or control
in which the judgment debtor has an interest or the debt owed by
the third person to the judgment debtor is described in the
affidavit or application for an order under subdivision (a) in a
manner reasonably adequate to permit it to be identified, service
of the order on the third person creates a lien on the judgment
debtor's interest in the property or on the debt for a period of
one year from the date of the order unless extended or sooner
terminated by the court.

(d)    The judgment debtor may claim that all or any portion of the
property or debt is exempt from enforcement of a money judgment
by application to the court on noticed motion, filed with the
court and personally served on the judgment creditor not later
than three days before the date set for the examination.  The
judgment debtor shall execute an affidavit in support of the
application that includes all of the matters set forth in
subdivision (b) of Section 703.520.  If a claim of exemption is
made pursuant to this section, a notice of opposition to the
claim of exemption is not required.  The court shall determine
any claim of exemption made pursuant to this section.  Failure of
the judgment debtor to make a claim of exemption does not
preclude the judgment debtor from later claiming the exemption
unless the property or debt is described in the order in a manner
reasonably adequate to permit it to be identified and the
judgment debtor receives notice of the examination proceeding at
least 10 days before the date set for the examination.

(e)    An order made pursuant to subdivision (a) shall contain the
following statements in 14-point boldface type if printed or in
capital letters if typed:

(1)    "NOTICE TO PERSON SERVED.  If you fail to appear at the
time and place specified in this order, you may be subject to
arrest and punishment for contempt of court and the court may
make an order requiring you to pay the reasonable attorney's
fees incurred by the judgment creditor in this proceeding."

(2)    "NOTICE TO JUDGMENT DEBTOR.  The person in whose favor
the judgment was entered in this action claims that the person
to be examined pursuant to this order has possession or
control of property which is yours or owes you a debt. This
property or debt is as follows:  (Description of property or
debt).  If you claim that all or any portion of this property
or debt is exempt from enforcement of the money judgment, you
must file your exemption claim in writing with the court and
personally serve a copy on the judgment creditor not later
than three days before the date set for the examination.  You
must appear at the time and place set for this examination to
establish your claim of exemption or your exemption may be
waived."

(f)    An order made pursuant to subdivision (a) is not effective
unless, at the time it is served on the third person, the person
serving the order tenders to the third person fees for the
mileage necessary to be traveled from the third person's
residence to the place of examination.  The fees shall be in the
same amount generally provided for witnesses when legally
required to attend civil proceedings in the court where the
examination proceeding is to be conducted.

708.130.    (a) Witnesses may be required to appear and testify
before the court or referee in an examination proceeding under this
article in the same manner as upon the trial of an issue.

(b) The privilege prescribed by Article 4 (commencing with Section 970)
of Chapter 4 of Division 8 of the Evidence Code does not apply
in an examination proceeding under this article.

708.140.  (a) The examination proceedings authorized
by this article may be conducted by a referee appointed
by the court.  The referee may issue, modify, or  vacate
an order authorized by Section 708.205, may make
a protective order authorized by Section 708.200, and may issue a
warrant authorized by Section 708.170, and has the same power as
the court to grant adjournments, to preserve order, and to subpoena
witnesses to attend the examination, but only the court that
ordered the reference has power to do the following:

(1)    Punish for contempt for disobeying an order of the referee.

(2)    Make an award of attorney's fees pursuant to Section 708.170.

(3)    Determine a contested claim of exemption or determine a
third-party claim under Section 708.180.

(b)    Only a member of the State Bar of California is eligible
for appointment as a referee pursuant to this article.  A
person who was duly appointed as a referee prior to
July 1, 1983, pursuant to the law in operation at the time of
appointment, and who is available to perform the duties of a
referee on July 1, 1983, shall be exempt from the requirements
of this subdivision.

(c)    Nothing in subdivision (a) limits the power of a court to
appoint a temporary judge pursuant to Section 21 of Article VI of
the California Constitution.

708.150.  (a) If a corporation, partnership, association, trust,
or other organization is served with an order to appear for an
examination, it shall designate to appear and be examined one or
more officers, directors, managing agents, or other persons who
are familiar with its property and debts.

(b) If the order to appear for an examination requires the
appearance of a specified individual, the specified individual
shall appear for the examination and may be accompanied by one or
more officers, directors, managing agents, or other persons
familiar with the property and debts of the corporation,
partnership, association, trust, or other organization.

(c)    If the order to appear for the examination does not require
the appearance of a specified individual, the order shall advise
the corporation, partnership, association, trust, or other
organization of its duty to make a designation under subdivision (a).

(d)    A corporation, partnership, association, trust, or other
organization, whether or not a party, may appear at an
examination through any authorized officer, director, or
employee, whether or not the person is an attorney. 

708.160. (a) Except as otherwise provided in this section, the proper
court for examination of a person under this article is the court
in which the money judgment is entered.

(b)    A person sought to be examined may not be required to
attend an examination before a court located outside the
county in which the person resides or has a place of business
unless the distance from the person's place of residence or
place of business to the place of examination is less than 150
miles.

(c)    If a person sought to be examined does not reside or have
a place of business in the county where the judgment is
entered, a court of similar jurisdiction in the county where
the person resides or has a place of business is a proper
court for examination of the person.  If there is no court of
similar jurisdiction in the county, a court of higher
jurisdiction is a proper court.

(d)    If the judgment creditor seeks an examination of a person
before a court other than the court in which the judgment is
entered, the judgment creditor shall do all of the following:

(1)    File with the court from which the order is sought an
abstract of judgment in the form prescribed by Section 674.

(2)    Present to the court an affidavit in support of the
application for the order stating the place of residence or
place of business of the person sought to be examined.

(3)    Make any necessary affidavit or showing for the
examination as required by Section 708.110 or 708.120.

(4)    At the time of filing the abstract of judgment, pay a
filing fee of twelve dollars ($12).  No law library fee
shall be charged.

708.170.  (a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, constable, a person
specially appointed by the court in the order, or a registered process
server, and the person fails to appear:

(1)    The court may, pursuant to a warrant, have the person
brought before the court to answer for the failure to appear and
may punish the person for contempt.

(2)    If the person's failure to appear is without good cause, the
judgment creditor shall be awarded reasonable attorney's fees
incurred in the examination proceeding.  Attorney's fees awarded
against the judgment debtor shall be added to  and become part of
the principal amount of the judgment.

(b) A person who willfully makes an improper service of an order for
an examination which subsequently results in the arrest pursuant to
subdivision (a) of the person who fails to appear is guilty of a
misdemeanor.

708.180.  (a) Subject to subdivision (b), if a third person examined
pursuant  to Section 708.120 claims an interest in the property
adverse to the judgment debtor or denies the debt, the court may, if
the judgment creditor so requests, determine the interests in the
property or the existence of the debt.  Such a determination is
conclusive as to the parties to the proceeding and the third person,
but an appeal may be taken from the determination in the manner
provided for appeals from the court in which the proceeding takes
place.  The court may grant  a continuance for a reasonable time for
discovery proceedings, the production of evidence, or other
preparation for the hearing.

(b)    The court may not make the determination provided in
subdivision (a) if the third person's claim is made in good faith
and any of the following conditions is satisfied:

(1)    The court would not be a proper court for the trial of an
independent civil action (including a creditor's suit) for the
determination of the interests in the property or the
existence of the debt, and the third person objects to the
determination of the matter under subdivision (a).

(2)    At the time an order for examination pursuant to Section 708.120
is served on the third person a civil action (including a
creditor's suit) is pending with respect to the interests in the
property or the existence of the debt.

(3)    The court determines that the interests in the property or
the existence of the debt should be determined in a creditor' s
suit.

(c)    Upon application of the judgment creditor made ex parte,
the court may make an order forbidding transfer of the
property to the judgment debtor or payment of the debt to the
judgment debtor until the interests in the property or the
existence of the debt is determined pursuant to subdivision (a)
or until a creditor's suit may be commenced and an order
obtained pursuant to Section 708.240.  An undertaking may be
required in the discretion of the court.  The court may modify
or vacate the order at any time with or without a hearing on
such terms as are just.

(d)    Upon application of the judgment creditor upon noticed
motion, the court may, if it determines that the judgment
debtor probably owns an interest in the property or that the
debt probably is owed to the judgment debtor, make an order
forbidding the transfer or other disposition of the property
to any person or forbidding payment of the debt until the
interests in the property or the existence of the debt is
determined pursuant to subdivision (a) or until a creditor's
suit may be commenced and an order obtained pursuant to
Section 708.240.  The court shall require the judgment
creditor to furnish an undertaking as provided in Section 529.
The court may modify or vacate the order at any time after
notice and hearing on such terms as are just.

708.190.  The court may permit a person claiming an interest in the
property or debt sought to be applied in an examination proceeding to
intervene in the proceeding and may determine the person's rights in
the property or debt pursuant to Section 708.180.

708.200.  In any proceeding under this article, the court may, on
motion of the person to be examined or on its own motion, make such
protective orders as justice may require.

708.205.  (a) Except as provided in subdivision (b), at the conclusion of a
proceeding pursuant to this article, the court may order the judgment debtor's
interest in the property in the possession or under the control of the
judgment debtor or the third person or a debt owed by the third person
to the judgment debtor to be applied toward the satisfaction of the
money judgment if the property is not exempt from enforcement of a
money judgment.  Such an order creates a lien on the property or debt.

(b) If a third person examined pursuant to Section 708.120 claims an
interest in the property adverse to the judgment debtor or denies the
debt and the court  does not determine the matter as provided in
subdivision (a) of Section 708.180, the court may not order the
property or debt to be applied toward the satisfaction of the money
judgment but may make an order pursuant to subdivision c or (d) of
Section 708.180 forbidding transfer or payment to the extent
authorized by that section.

708.210.  If a third person has possession or control of property in
which the judgment debtor has an interest or is indebted to the
judgment debtor, the judgment creditor may bring an action against the
third person to have the interest or debt applied to the satisfaction
of the money judgment.  708.220.  The judgment debtor shall be joined
in an action brought pursuant to this article but is not an
indispensable party.  The residence of the judgment debtor may not be
considered in the determination of proper venue unless otherwise
provided by contract between the judgment debtor and the third person.

708.230.  (a) Except as provided in subdivision (b), an action shall
be commenced pursuant to this article before the expiration of the
later of the following times:

(1)    The time when the judgment debtor may bring an action
against the third person concerning the property or debt.

(2)    One year after creation of a lien on the property or debt
pursuant to this title if the lien is created at the time when
the judgment debtor may bring an action against the third person
concerning the property or debt.

(b)    An action may not be commenced pursuant to this article
after the period for enforcement of the money judgment has
expired.

(c)    Notwithstanding Section 683.020, if an action is
commenced pursuant to this article within the time permitted
in this section, the action may be prosecuted to judgment.

708.240.  The judgment creditor may apply to the court in which an
action under this article is pending for either or both of the
following:

(a)    An order restraining the third person from transferring to
the judgment debtor the property in which the judgment debtor is
claimed to have an interest or from paying to the judgment debtor
the alleged debt.  The order shall be made on noticed motion if
the court so directs or a court rule so requires.  Otherwise, the
order may be made on ex parte application.  The order shall
remain in effect until judgment is entered in the action or until
such earlier time as the court may provide in the order.  An
undertaking may be required in the discretion of the court.  The
court may modify or vacate the order at any time with or without
a hearing on such terms as are just.

(b)    A temporary restraining order or a preliminary injunction or
both, restraining the third person from transferring to any
person or otherwise disposing of the property in which the
judgment debtor is claimed to have an interest, pursuant to
Chapter 3 (commencing with Section 525) of Title 7, and the court
may make, dissolve, and modify such orders as provided therein.

708.250.  Service of summons on the third person creates a lien
on the interest of the judgment debtor in the property or on the
debt owed to the judgment debtor that is the subject of an action
under this article.

708.260.  (a) In an action brought pursuant to this article, the
judgment debtor may claim that all or any portion of the property or
debt is exempt from enforcement of a money judgment.
The claim shall be made by application to the court on noticed motion,
filed with the court and served on the judgment creditor not later
than 30 days before the date set for trial.  Service shall be made
personally or by mail.  The judgment debtor shall execute an affidavit
in support of the application that includes all of the matters set
forth in subdivision (b) of Section 703.520.  No notice of opposition
to the claim of exemption is required.  If the judgment debtor has not
been named as a party to the action, the judgment debtor may obtain an
order under Section 389 that the judgment debtor be made a party.
Except as provided in subdivision (b), failure of the judgment debtor
to make a claim of exemption is a waiver of the exemption.

(b)    Failure of the judgment debtor to make a claim of exemption
in an action brought pursuant to this article is not a waiver of
the exemption if both of the following conditions are satisfied:

(1)    The judgment debtor has not been served with process in
the action that contains a description of the property or debt
reasonably adequate to permit it to be identified.

(2)    The judgment debtor does not have actual notice of the
pendency of the action and the identity of the property or the
nature of the debt in issue.

708.270.  There is no right to a jury trial in an action under this
article.

708.280.  (a) The court shall determine any exemption claim made in
the action.  If the judgment debtor establishes to the satisfaction of
the court that the  property or debt is exempt from enforcement of a
money judgment, the court shall so adjudge and may not make the orders
referred to in subdivisions (b), c, and (d).

(b)    If the judgment creditor establishes that the third person
has property in which the judgment debtor has an interest or is
indebted to the judgment debtor, the court shall render judgment
accordingly.  The property or debt may be applied to the
satisfaction of the judgment creditor's judgment against the
judgment debtor as ordered by the court.

(c)    If the court determines that the third person has property
in which the judgment debtor has an interest, the court may order
the third person not to transfer the property until it can be
levied upon or otherwise applied to the satisfaction of the
judgment.

(d)    If the court determines that the third person has
transferred property that was subject to a lien in favor of the
judgment creditor or, contrary to court order of which the third
person has notice, has paid the debt to the judgment debtor or
has transferred the property, the court shall render judgment
against the third person in an amount equal to the lesser of the
following:

(1)    The value of the judgment debtor's interest in the
property or the amount of the debt.

(2)    The amount of the judgment creditor's judgment against
the judgment debtor remaining unsatisfied.

708.290.  Costs incurred by or taxed against the judgment creditor in
an action under this article may not be recovered from the judgment
debtor as a cost of enforcing the judgment.

708.310.  If a money judgment is rendered against a partner but not against
the partnership, the judgment debtor's interest in the partnership may be
applied toward the satisfaction of the judgment by an order charging
the judgment debtor's interest pursuant to Section 15028 or 15673 of
the Corporations Code.

708.320.  (a) Service of a notice of motion for a charging order
on the judgment debtor and on the other partners
or the partnership creates a lien on the judgment debtor's interest in
the partnership.

(b) If a charging order is issued, the lien created pursuant to
subdivision (a) continues under the terms of the order.  If issuance
of the charging order is denied, the lien is extinguished.

708.410.  (a) A judgment creditor who has a money judgment against a
judgment  debtor who is a party to a pending action or special
proceeding may obtain a lien under this article, to the extent
required to satisfy the judgment creditor's money judgment, on both of
the following:

(1)    Any cause of action of such judgment debtor for money or
property that is  the subject of the action or proceeding.

(2)    The rights of such judgment debtor to money or property
under any judgment subsequently procured in the action or
proceeding.

(b)    To obtain a lien under this article, the judgment
creditor shall file a notice of lien and an abstract or
certified copy of the judgment creditor's money judgment in
the pending action or special proceeding.

(c)    At the time of the filing under subdivision (b) or
promptly thereafter, the judgment creditor shall serve on all
parties who, prior thereto, have made an  appearance in the
action or special proceeding a copy of the notice of lien and
a statement of the date when the notice of lien was filed in
the action or special proceeding.  Service shall be made
personally or by mail.  Failure to serve all parties as
required by this subdivision does not affect the lien created
by  the filing under subdivision (b), but the rights of a
party are not affected by  the lien until the party has notice
of the lien.

(d)    For the purpose of this article, an action or special
proceeding is pending until the time for appeal from the
judgment has expired or, if an appeal is filed, until the
appeal has been finally determined.

708.420.  The notice of lien under Section 708.410 shall contain all
of the following:

(a)    A statement that a lien has been created under this article
and the title of the court and the cause and number of the
pending action or proceeding in which the notice of lien is
filed.

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

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

(d)    The title of the court where the judgment creditor's money
judgment is entered and the cause and number of the action, the
date of entry of the judgment, and the date of any subsequent
renewals, and where entered in the records of the court.

(e)    The amount required to satisfy the judgment creditor's money
judgment at the time the notice of lien is filed in the action or
proceeding.

(f)    A statement that the lien attaches to any cause of action of
the judgment  debtor that is the subject of the action or
proceeding and to the judgment debtor's rights to money or
property under any judgment subsequently procured in the action
or proceeding.

(g)    A statement that no compromise, dismissal, settlement, or
satisfaction of the pending action or proceeding or any of the
judgment debtor's rights to money or property under any judgment
procured therein may be entered into by or on behalf of the
judgment debtor, and that the judgment debtor may not enforce the
judgment debtor's rights to money or property under any judgment
procured in the action or proceeding by a writ or otherwise,
unless one of the following requirements is satisfied:

(1)    The prior approval by order of the court in which the
action or proceeding is pending has been obtained.

(2)    The written consent of the judgment creditor has been
obtained or the judgment creditor has released the lien.

(3)    The money judgment of the judgment creditor has been
satisfied.

(h)    A statement that the judgment debtor may claim an exemption
for all or any portion of the money or property within 30 days
after the judgment debtor has notice of the creation of the
lien and a statement that, if the exemption is not claimed within the
time allowed, the exemption is waived.

708.430.  (a) The court in which the action or special
proceeding is pending may permit a judgment creditor
who has obtained a lien under this article to
intervene in the action or proceeding pursuant to Section 387.

(b) For the purposes of Sections 708.450 and 708.470, a judgment
creditor shall be deemed to be a party to the action or special
proceeding even though the judgment creditor has not become a party to
the action or proceeding under subdivision (a).

708.440.  (a) Except as provided in subdivision c of Section 708.410,
unless the judgment creditor's money judgment is first satisfied or
the lien is released, the judgment recovered in the action or special
proceeding in favor of the judgment debtor may not be enforced by a
writ or otherwise, and no compromise, dismissal, settlement, or
satisfaction of the pending action or special proceeding or the
judgment procured therein may be entered into by or on behalf of the
judgment debtor, without the written consent of the judgment creditor
or authorization by order of the court obtained under subdivision (b).

(b)  Upon application by the judgment debtor, the court in which the
action or special proceeding is pending or the judgment procured
therein is entered may, in its discretion, after a hearing, make an
order described in subdivision (a) that may include such terms and
conditions as the court deems necessary.  The application for an order
under this subdivision shall be made on noticed motion.  The notice of
motion shall be served on the judgment creditor.  Service shall be
made personally or by mail.

708.450.  (a) If a lien is created under this article, the judgment
debtor may claim that all or any portion of the money or property that
the judgment debtor may recover in the action or special proceeding is
exempt from enforcement of a money judgment.  The claim shall be made
by application on noticed motion to the court in which the action or
special proceeding is pending, filed and served on the judgment
creditor not later than 30 days after the judgment debtor has notice
of the creation of the lien.  Service shall be made personally or by
mail.  The judgment debtor shall execute an affidavit in support of
the application that includes all the matters set forth in subdivision

(b) of Section 703.520.  No notice of opposition to the claim of
exemption is required.  The failure of the judgment debtor to make a
claim of exemption under this section constitutes a waiver of the
exemption.

(b)    The court may determine the exemption claim at any time
prior to the entry of judgment in the action or special
proceeding or may consolidate the exemption hearing with the
hearing on a motion pursuant to Section 708.470.

(c)    If the judgment debtor establishes to the satisfaction of
the court that the right of the judgment debtor to money or
property under the judgment in the action or special proceeding
is all or partially exempt from enforcement of a money judgment,
the court shall order the termination of the lien created under
this article on the exempt portion of the money or property.

708.460.  (a) If a lien is created pursuant to this article, the court
clerk shall endorse upon the judgment recovered in the action or
special proceeding a statement of the existence of the lien and the
time it was created.

(b) Any abstract issued upon the judgment shall include a statement of
the lien in favor of the judgment creditor.

708.470.  (a) If the judgment debtor is entitled to money or
property under the judgment in the action or special
proceeding and a lien created under this article
exists, upon application of any party to the action or special
proceeding, the court may order that the judgment debtor's rights to
money or property under the judgment be applied to the satisfaction of
the lien created under this article as ordered by the court.
Application for an order under this section shall  be on noticed
motion.  The notice of motion shall be served on all other parties.
Service shall be made personally or by mail.

(b) If the judgment determines that the judgment debtor has an
interest in property, the court may order the party having custody or
control of the property not to transfer the property until it can be
levied upon or otherwise applied to  the satisfaction of the lien
created under this article.

(c)    If the court determines that a party (other than the
judgment debtor) having notice of the lien created under this
article has transferred property that was subject to the lien or
has paid an amount to the judgment debtor that was subject to the
lien, the court shall render judgment against the party in an
amount equal to the lesser of the following:

(1)    The value of the judgment debtor's interest in the
property or the amount paid the judgment debtor.

(2)    The amount of the judgment creditor's lien created under
this article.

708.480.  A lien created under this article may be enforced by any
applicable  procedure:

(a)    After the judgment subject to the lien is entered and the
time for appeal from the judgment has expired.

(b)    If an appeal is filed from the judgment subject to the lien,
after the appeal is finally determined.

708.510.  (a) Except as otherwise provided by law, upon
application of the judgment creditor on noticed motion, the court
may order the judgment debtor to assign to the judgment creditor
or to a receiver appointed pursuant to Article 7 (commencing with
Section 708.610) all or part of a right to payment due or to
become due, whether or not the right is conditioned on future
developments, including but not limited to the following types of
payments:

(1)    Wages due from the federal government that are not subject
to withholding under an earnings withholding order.

(2)    Rents.

(3)    Commissions.

(4)    Royalties.

(5)    Payments due from a patent or copyright.

(6)    Insurance policy loan value.

(b)    The notice of the motion shall be served on the judgment
debtor.  Service shall be made personally or by mail.

(c)    Subject to subdivisions (d), (e), and (f), in determining
whether to order an assignment or the amount of an assignment
pursuant to subdivision (a), the court may take into
consideration all relevant factors, including the following:

(1)    The reasonable requirements of a judgment debtor who is
a natural person and of persons supported in whole or in
part by the judgment debtor.

(2)    Payments the judgment debtor is required to make or
that are deducted in satisfaction of other judgments and
wage assignments, including earnings assignment orders for
support.

(3)    The amount remaining due on the money judgment.

(4)    The amount being or to be received in satisfaction of
the right to payment that may be assigned.

(d)    A right to payment may be assigned pursuant to this
article only to the extent necessary to satisfy the money
judgment.

(e)    When earnings or periodic payments pursuant to a pension
or retirement plan are assigned pursuant to subdivision (a),
the amount of the earnings or the periodic payments assigned
shall not exceed the amount that may be withheld from a like
amount of earnings under Chapter 5 (commencing with
Section 706.010) (Wage Garnishment Law).

(f)    Where a specific amount of the payment or payments to be
assigned is exempt by another statutory provision, the amount
of the payment or payments to be assigned pursuant to
subdivision (a) shall not exceed the amount by which the payment or
payments exceed the exempt amount.

708.520.  (a) When an application is made pursuant to Section 708.510
or thereafter, the judgment creditor may apply to the court for an
order restraining the judgment debtor from assigning or otherwise
disposing of the right to payment that is sought to be assigned.  The
application shall be made on noticed motion if the court so directs or
a court rule so requires.  Otherwise, it may be made ex parte.

(b)    The court may issue an order pursuant to this section upon a
showing of need for the order.  The court, in its discretion, may
require the judgment creditor to provide an undertaking.

(c)    The court may modify or vacate the order at any time with or
without a hearing on such terms as are just.

(d)    The order shall be personally served upon 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.

708.530.  (a) Except as provided in subdivision (b), the effect and
priority of an assignment ordered pursuant to this article is governed
by Section 955.1 of the Civil Code.  For the purpose of priority, an
assignee of a right to payment pursuant to this article shall be
deemed to be a bona fide assignee for value under the terms of
Section 955.1 of the Civil Code.

(b) An assignment of the right to future rent ordered under this
article is recordable as an instrument affecting real property and the
priority of such an assignment is governed by Section 1214 of the
Civil Code.

708.540.  The rights of an obligor are not affected by an order
assigning the right to payment until notice of the order is received
by the obligor.  For the purpose of this section, "obligor" means the
person who is obligated to make payments to the judgment debtor or who
may become obligated to make payments to the judgment debtor depending
upon future developments.

708.550.  (a) The judgment debtor may claim that
all or a portion of the right to payment is exempt from
enforcement of a money judgment by application to the court on noticed
motion filed not later than three days before the date set for the
hearing on the judgment creditor's application for an assignment
order.  The judgment debtor shall execute an affidavit in support of
the application that includes all of the matters set forth in
subdivision (b) of Section 703.520.  Failure of the judgment debtor to
make a claim of exemption is a waiver of the exemption.

(b)    The notice of the motion shall be personally served on the
judgment creditor not later than three days before the date set
for the hearing.

(c)    The court shall determine any claim of exemption made
pursuant to this section at the hearing on issuance of the
assignment order.