California Commercial Code. California
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Название: California Commercial Code

Автор: California

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392105366

isbn:

СКАЧАТЬ 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.

      TITLE 6.5. ATTACHMENT

      CHAPTER 1

      WORDS AND PHRASES DEFINED

      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 paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code.

      481.030. "Account receivable" means "account" as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code.

      481.040. "Chattel paper" means "chattel paper" as defined in paragraph (11) of subdivision (a) of Section 9102 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 paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code.

      481.090. "Document of title" means "document" as defined in paragraph (30) of subdivision (a) of Section 9102 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 paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment.

      481.117. "Instrument" means "instrument" as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.

      481.120. "Inventory" means tangible personal property in the 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 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, a limited liability company, 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 paragraph (72) of subdivision (a) of Section 9102 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 paragraph (73) of subdivision (a) of Section 9102 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.

      CHAPTER 2

      GENERAL PROVISIONS

      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 СКАЧАТЬ