Corpus browser

Code of Civil Procedure - CCP - CCP § 1089.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1089.5

Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been filed with the petition or where no record of a proceeding is required, the respondent shall answer or otherwise respond with

Code of Civil Procedure - CCP - CCP § 1090

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1090

If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in i

Code of Civil Procedure - CCP - CCP § 1091

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1091

On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.

Code of Civil Procedure - CCP - CCP § 1092

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1092

The motion for new trial must be made in the Court in which the issue of fact is tried.

Code of Civil Procedure - CCP - CCP § 1093

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1093

If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the Court in which the application for the writ is pending, a certified copy of the verdict a

Code of Civil Procedure - CCP - CCP § 1094

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1094

If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the argumen

Code of Civil Procedure - CCP - CCP § 1094.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1094.5

(a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of

Code of Civil Procedure - CCP - CCP § 1094.6

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1094.6

(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the pe

Code of Civil Procedure - CCP - CCP § 1094.8

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1094.8

(a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be cond

Code of Civil Procedure - CCP - CCP § 1094.9

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1094.9

(a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides

Code of Civil Procedure - CCP - CCP § 1095

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1095

If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and a peremptory mandate must also be award

Code of Civil Procedure - CCP - CCP § 1096

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1096

The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a majority of the members of any Board or body, is service upon the Board or body, whether at the time of the service the Board

Code of Civil Procedure - CCP - CCP § 11

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 11

Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law.

Code of Civil Procedure - CCP - CCP § 1102

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1102

The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.

Code of Civil Procedure - CCP - CCP § 1103

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1103

(a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficial

Code of Civil Procedure - CCP - CCP § 1104

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1104

The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show

Code of Civil Procedure - CCP - CCP § 1105

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1105

The provisions of the preceding Chapter, except of the first four sections thereof, apply to this proceeding.

Code of Civil Procedure - CCP - CCP § 1107

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1107

When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest named in such application. The provisions of Chapter 5 (commencing with Section 101

Code of Civil Procedure - CCP - CCP § 1108

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1108

Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time.

Code of Civil Procedure - CCP - CCP § 1109

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1109

Except as otherwise provided in this Title, the provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title.

Code of Civil Procedure - CCP - CCP § 1110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1110

The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply to the proceedings mentioned in this Title.

Code of Civil Procedure - CCP - CCP § 1110a

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1110a

If an appeal be taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for irrigation purposes, such appeal shall not stay the operation of the order, judgment or writ as to the delivery of such water, but such water must

Code of Civil Procedure - CCP - CCP § 1110b

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1110b

If an appeal be taken from an order or judgment granting a writ of mandate the court granting the writ, or the appellate court, may direct that the appeal shall not operate as a stay of execution if it is satisfied upon the showing made by the petitioner that he will suffer irrep

Code of Civil Procedure - CCP - CCP § 1132

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1132

(a) A judgment by confession is unenforceable and may not be entered in any superior court. (b) This section does not apply to a judgment by confession obtained or entered before January 1, 2023.

Code of Civil Procedure - CCP - CCP § 1138

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1138

Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been