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Code of Civil Procedure - CCP - CCP § 1062.31

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1062.31

It is the public policy of the State of California that foster family agencies or noncustodial adoption agencies, also known as FFAs, provide necessary services to vulnerable youth throughout the state and are integral to the foster care system. Consequently, FFAs are afforded th

Code of Civil Procedure - CCP - CCP § 1062.32

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1062.32

For the purposes of this chapter, the following definitions apply: (a) “FFA” means a foster family agency or a noncustodial adoption agency, as these terms are defined in Section 1502 of the Health and Safety Code. (b) “Public entity” has the same meaning as defined in Section 81

Code of Civil Procedure - CCP - CCP § 1062.33

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1062.33

(a) An FFA may be held liable for injury or damage caused by the negligence of the FFA but not for the injury or damage caused by the public entity, including its officers, employees, or volunteers, acting in its capacity. The FFA and the public entity shall each bear the cost of

Code of Civil Procedure - CCP - CCP § 1062.34

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1062.34

This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.

Code of Civil Procedure - CCP - CCP § 1062.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1062.5

Any insurer who issues policies of professional liability insurance to health care providers for professional negligence, as defined in Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session, any health care provider covered by such a policy, or any pot

Code of Civil Procedure - CCP - CCP § 1063

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1063

The party prosecuting a special proceeding may be known as the plaintiff, and the adverse party as the defendant.

Code of Civil Procedure - CCP - CCP § 1064

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1064

A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.

Code of Civil Procedure - CCP - CCP § 1068

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1068

(a) A writ of review may be granted by any court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequ

Code of Civil Procedure - CCP - CCP § 1069

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1069

The application must be made on the verified petition of the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without noti

Code of Civil Procedure - CCP - CCP § 1069.1

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1069.1

The provisions of Section 1089 as to a return by demurrer or answer apply to a proceeding pursuant to this chapter.

Code of Civil Procedure - CCP - CCP § 1070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1070

The writ may be directed to the inferior tribunal, Board, or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the Clerk, if there be one, must return the writ with the transcript required.

Code of Civil Procedure - CCP - CCP § 1071

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1071

The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ at a time and place then or thereafter specified by court order a transcript of the record and proceedings (describing or referring to them with convenient certainty),

Code of Civil Procedure - CCP - CCP § 1072

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1072

If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or omitted, in the sound discretion of the Court, but if omitted, the power of the inferior Court or officer is not suspended or the proceedings staye

Code of Civil Procedure - CCP - CCP § 1073

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1073

The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the Court.

Code of Civil Procedure - CCP - CCP § 1074

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1074

The review upon this writ cannot be extended further than to determine whether the inferior tribunal, Board, or officer has regularly pursued the authority of such tribunal, Board, or officer.

Code of Civil Procedure - CCP - CCP § 1075

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1075

If the return of the writ be defective, the Court may order a further return to be made. When a full return has been made, the Court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying

Code of Civil Procedure - CCP - CCP § 1076

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1076

A copy of the judgment, signed by the Clerk, must be transmitted to the inferior tribunal, Board, or officer having the custody of the record or proceeding certified up.

Code of Civil Procedure - CCP - CCP § 1077

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1077

A copy of the judgment, signed by the Clerk, entered upon or attached to the writ and return, constitute the judgment roll.

Code of Civil Procedure - CCP - CCP § 1085

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1085

(a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use a

Code of Civil Procedure - CCP - CCP § 1085.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1085.5

Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture under Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Co

Code of Civil Procedure - CCP - CCP § 1086

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1086

The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the verified petition of the party beneficially interested.

Code of Civil Procedure - CCP - CCP § 1087

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1087

The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and

Code of Civil Procedure - CCP - CCP § 1088

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1088

When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is allowed, the peremptory may be issued in the first instance. With the alternativ

Code of Civil Procedure - CCP - CCP § 1088.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1088.5

In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for a writ at the time of filing, but proof of service of a copy of the filed petition must be lodged with the court prior to a hearing or any action

Code of Civil Procedure - CCP - CCP § 1089

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1089

On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to the return and answer, then at the time provided by those rules, the party upon whom the writ or notice has been served m