| CCCP |
Description |
Reference |
| CCCP 116.240 |
California Code Of Civil Procedure Section 116.240 - Small Claims Court
(a) 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.
(b) Prior to serving as a temporary judge in small claims court,
on and after July 1, 2006, and at least every three years thereafter,
each temporary judge shall take the course of study offered by the
courts on ethics and substantive law under rules adopted by the
Judicial Council. The course shall include, but not be limited to,
state and federal consumer laws, landlord-tenant law along with any
applicable county specific rent deposit law, the state and federal
Fair Debt Collection Practices Acts, the federal Truth in Lending Act,
the federal Fair Credit Billing Act, the federal Electronic Fund
Transfer Act, tort law, and contract law, including defenses to
contracts and defenses to debts. On substantive law, the courts may
receive assistance from the Department of Consumer Affairs, to the
extent that the department is fiscally able to provide that
assistance.
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| CCCP 170.1 |
California Code Of Civil Procedure Section 170.1 - Disqualifications of Judges
(a) A judge shall be disqualified if any one or more of the following is true:
(1) (A) The judge has personal knowledge of disputed evidentiary
facts concerning the proceeding.
(B) 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) (A) 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.
(B) A judge shall be deemed to have served as a lawyer in the
proceeding if within the past two years:
(i) 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.
(ii) A lawyer in the proceeding was associated in the private
practice of law with the judge.
(C) A judge who served as a lawyer for or officer of a public
agency that 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) (A) The judge has a financial interest in the subject matter
in a proceeding or in a party to the proceeding.
(B) A judge shall be deemed to have a financial interest within
the meaning of this paragraph if:
(i) A spouse or minor child living in the household has a
financial interest.
(ii) The judge or the spouse of the judge is a fiduciary who has a
financial interest.
(C) 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) (A) For any reason:
(i) The judge believes his or her recusal would further the
interests of justice.
(ii) The judge believes there is a substantial doubt as to his or
her capacity to be impartial.
(iii) A person aware of the facts might reasonably entertain a
doubt that the judge would be able to be impartial.
(B) Bias or prejudice toward 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.
(8) (A) The judge has a current arrangement concerning prospective
employment or other compensated service as a dispute resolution
neutral or is participating in, or, within the last two years has
participated in, discussions regarding prospective employment or
service as a dispute resolution neutral, or has been engaged in such
employment or service, and any of the following applies:
(i) The arrangement is, or the prior employment or discussion was,
with a party to the proceeding.
(ii) The matter before the judge includes issues relating to the
enforcement of either an agreement to submit a dispute to an
alternative dispute resolution process or an award or other final
decision by a dispute resolution neutral.
(iii) The judge directs the parties to participate in an
alternative dispute resolution process in which the dispute
resolution neutral will be an individual or entity with whom the
judge has the arrangement, has previously been employed or served, or
is discussing or has discussed the employment or service.
(iv) The judge will select a dispute resolution neutral or entity
to conduct an alternative dispute resolution process in the matter
before the judge, and among those available for selection is an
individual or entity with whom the judge has the arrangement, with
whom the judge has previously been employed or served, or with whom
the judge is discussing or has discussed the employment or service.
(B) For the purposes of this paragraph, all of the following apply:
(i) "Participating in discussions" or "has participated in
discussion" means that the judge solicited or otherwise indicated an
interest in accepting or negotiating possible employment or service
as an alternative dispute resolution neutral or responded to an
unsolicited statement regarding, or an offer of, such employment or
service by expressing an interest in that employment or service,
making any inquiry regarding the employment or service, or
encouraging the person making the statement or offer to provide
additional information about that possible employment or service. If
a judge's response to an unsolicited statement regarding, a question
about, or offer of, prospective employment or other compensated
service as a dispute resolution neutral is limited to responding
negatively, declining the offer, or declining to discuss such
employment or service, that response does not constitute
participating in discussions.
(ii) "Party" includes the parent, subsidiary, or other legal
affiliate of any entity that is a party and is involved in the
transaction, contract, or facts that gave rise to the issues subject
to the proceeding.
(iii) "Dispute resolution neutral" means an arbitrator, mediator,
temporary judge appointed under Section 21 of Article VI of the
California Constitution, referee appointed under Section 638 or 639,
special master, neutral evaluator, settlement officer, or settlement
facilitator.
(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.
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| CCCP 170.3 |
California Code Of Civil Procedure Section 170.3 - Disqualifications of Judges (Challenge for Cause)
(a) (1) If 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 if 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 that matter.
(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) If 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) A judge who refuses to recuse himself or herself shall not
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 that 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 this subdivision 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 any 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).
(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 only by the
parties to the proceeding. The petition for the writ shall be filed
and served within 10 days after service of written notice of entry of
the court's order determining the question of disqualification. If
the notice of entry is served by mail, that time shall be extended as
provided in subdivision (a) of Section 1013.
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| CCCP 170.6 |
California Code Of Civil Procedure Section 170.6 - Disqualifications of Judges (Peremptory Challenge)
(a) (1) No judge, court commissioner, or referee of any
superior 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 that 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 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 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 5 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
that 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 opening statement by counsel for
plaintiff, 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, or following reversal on appeal
of a trial court's final judgment, if the trial judge in the prior
proceeding is assigned to conduct a new trial on the matter.
Notwithstanding paragraph (3), the party who filed the appeal that
resulted in the reversal of a final judgment of a trial court may
make a motion under this section regardless of whether that party or
side has previously done so. 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 an 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 Chair 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. Except as provided in this section,
no party or attorney shall 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 CHALLENGE
County of __________ ) ss.
_______, 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 ____, 20__.
(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.
(b) Nothing in this section shall affect or limit Section 170 or
Title 4 (commencing with Section 392) of Part 2, and this section
shall be construed as cumulative thereto.
(c) 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 that can be
given effect without the invalid provision or application and to this
end the provisions of this section are declared to be severable.
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| CCCP 471.5 |
California Code Of Civil Procedure Section 471.5 - Variance-Mistakes in Pleadings and Amendments
(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.
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| CCCP 1013 |
California Code Of Civil Procedure Section 1013 - Notices, and Filing and Service of Papers
(a) In case of service by mail, the notice or other paper
shall be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service, in a sealed envelope,
with postage paid, addressed to the person on whom it is to be
served, at the office address as last given by that person on any
document filed in the cause and served on the party making service by
mail; otherwise at that party's place of residence. The service is
complete at the time of the deposit, but any period of notice and any
right or duty to do any act or make any response within any period
or on a date certain after the service of the document, which time
period or date is prescribed by statute or rule of court, shall be
extended five calendar days, upon service by mail, if the place of
address and the place of mailing is within the State of California,
10 calendar days if either the place of mailing or the place of
address is outside the State of California but within the United States,
and 20 calendar days if either the place of mailing or the
place of address is outside the United States, but the extension
shall not apply to extend the time for filing notice of intention to
move for new trial, notice of intention to move to vacate judgment
pursuant to Section 663a, or notice of appeal. This extension
applies in the absence of a specific exception provided for by this
section or other statute or rule of court.
(b) The copy of the notice or other paper served by mail pursuant
to this chapter 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.
(c) In case of service by Express Mail, the notice or other paper
must be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service by Express Mail;
otherwise at that party's place of residence. In case of service by
another method of delivery providing for overnight delivery, the
notice or other paper must be deposited in a box or other facility
regularly maintained by the express service carrier, or delivered to
an authorized courier or driver authorized by the express service
carrier to receive documents, in an envelope or package designated by
the express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that party's
place of residence. The service is complete at the time of the
deposit, but any period of notice and any right or duty to do any act
or make any response within any period or on a date certain after
the service of the document served by Express Mail or other method of
delivery providing for overnight delivery shall be extended by two
court days, but the extension shall not apply to extend the time for
filing notice of intention to move for new trial, notice of intention
to move to vacate judgment pursuant to Section 663a, or notice of
appeal. This extension applies in the absence of a specific
exception provided for by this section or other statute or rule of
court.
(d) The copy of the notice or other paper served by Express Mail
or another means of delivery providing for overnight delivery
pursuant to this chapter shall bear a notation of the date and place
of deposit or be accompanied by an unsigned copy of the affidavit or
certificate of deposit.
(e) Service by facsimile transmission shall be permitted only
where the parties agree and a written confirmation of that agreement
is made. The Judicial Council may adopt rules implementing the
service of documents by facsimile transmission and may provide a form
for the confirmation of the agreement required by this subdivision.
In case of service by facsimile transmission, the notice or other
paper must be transmitted to a facsimile machine maintained by the
person on whom it is served at the facsimile machine telephone number
as last given by that person on any document which he or she has
filed in the cause and served on the party making the service. The
service is complete at the time of transmission, but any period of
notice and any right or duty to do any act or make any response
within any period or on a date certain after the service of the
document, which time period or date is prescribed by statute or rule
of court, shall be extended, after service by facsimile transmission,
by two court days, but the extension shall not apply to extend the
time for filing notice of intention to move for new trial, notice of
intention to move to vacate judgment pursuant to Section 663a, or
notice of appeal. This extension applies in the absence of a
specific exception provided for by this section or other statute or
rule of court.
(f) The copy of the notice or other paper served by facsimile
transmission pursuant to this chapter shall bear a notation of the
date and place of transmission and the facsimile telephone number to
which transmitted or be accompanied by an unsigned copy of the
affidavit or certificate of transmission which shall contain the
facsimile telephone number to which the notice or other paper was
transmitted.
(g) Subdivisions (b), (d), and (f) are directory.
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