California Commercial Code. California

Чтение книги онлайн.

СКАЧАТЬ 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 "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this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private statute not expressly repealed.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.

      Э26.] 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.

      32.5. The "jurisdictional classification" of a case means its classification as a limited civil case or an unlimited civil case.

      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.

      PART 1

      OF COURTS OF JUSTICE

      TITLE 1

      ORGANIZATION AND JURISDICTION

      CHAPTER 1

      COURTS OF JUSTICE IN GENERAL

      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 70 years of age may petition the court for a preference, which the court shall grant if the court makes both 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 14 years of age 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:

      (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.

      (2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.

      (d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that 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 that 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 that is supported by a showing that 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 court 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. Any 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 СКАЧАТЬ