California Code of Civil Procedure. California

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СКАЧАТЬ INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE

      CHAPTER 1.

      Attorneys and Counselors at Law

      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.

      (Repealed and added by Code Amendments 1880, Ch. 35.)

      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.

      (Amended by Stats. 1967, Ch. 161.)

      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.

      (Repealed and added by Code Amendments 1880, Ch. 35.)

      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.

      (Amended by Stats. 1969, Ch. 1608.)

      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.

      (Added by Stats. 1983, Ch. 279, Sec. 1.)

      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.

      (Added by Stats. 1983, Ch. 279, Sec. 2.)

      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.

      (Added by Stats. 1983, Ch. 279, Sec. 3.)

      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.

      (Repealed and added by Code Amendments 1880, Ch. 35.)

      PART 2. OF CIVIL ACTIONS

      TITLE 1. OF THE FORM OF CIVIL ACTIONS

      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.

      (Enacted 1872.)

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

      (Enacted 1872.)

      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.

      (Enacted 1872.)

      TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS

      CHAPTER 1.

      The Time of Commencing Actions in General

      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.

      (Amended by Stats. 1897, Ch. 21.)

      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, СКАЧАТЬ