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Code of Civil Procedure - CCP - CCP § 367.10
Code of Civil Procedure - CCP - CCP § 367.10
Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules that include standards for when a judicial officer, in limited situations and in the interest of justice, may preside over a remote court proceeding from a location other than a courtr
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Code of Civil Procedure - CCP - CCP § 367.3
Code of Civil Procedure - CCP - CCP § 367.3
(a) For purposes of this section, the following definitions apply: (1) “Identifying characteristics” means the name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to other parties, and race or ethnic b
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Code of Civil Procedure - CCP - CCP § 367.75
Code of Civil Procedure - CCP - CCP § 367.75
(a) (1) Except as provided in subdivisions (b) and (d), in civil cases, when a party has provided notice to the court and all other parties that it intends to appear remotely, a party may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole o
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Code of Civil Procedure - CCP - CCP § 367.76
Code of Civil Procedure - CCP - CCP § 367.76
(a) (1) This section applies to proceedings in the following matters: (A) Judicial commitments under Part 2 (commencing with Section 6250) of Division 6 of the Welfare and Institutions Code, except for delinquency proceedings. (B) Involuntary treatment and conservatorships of gra
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Code of Civil Procedure - CCP - CCP § 367.8
Code of Civil Procedure - CCP - CCP § 367.8
(a) Each superior court shall report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or probl
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Code of Civil Procedure - CCP - CCP § 368
Code of Civil Procedure - CCP - CCP § 368
In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, t
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Code of Civil Procedure - CCP - CCP § 368.5
Code of Civil Procedure - CCP - CCP § 368.5
An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made t
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Code of Civil Procedure - CCP - CCP § 369
Code of Civil Procedure - CCP - CCP § 369
(a) The following persons may sue without joining as parties the persons for whose benefit the action is prosecuted: (1) A personal representative, as defined in subdivision (a) of Section 58 of the Probate Code. (2) A trustee of an express trust. (3) Except for a person upon who
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Code of Civil Procedure - CCP - CCP § 369.5
Code of Civil Procedure - CCP - CCP § 369.5
(a) A partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or by which it is known. (b) A member of the partnership or other unincorporated association may be joined as a party in an action against th
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Code of Civil Procedure - CCP - CCP § 37
Code of Civil Procedure - CCP - CCP § 37
(a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by the defendant during the commission of a felony offense for which the defendant has been criminally convicted. (b) The cour
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Code of Civil Procedure - CCP - CCP § 370
Code of Civil Procedure - CCP - CCP § 370
A married person may be sued without his or her spouse being joined as a party, and may sue without his or her spouse being joined as a party in all actions.
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Code of Civil Procedure - CCP - CCP § 371
Code of Civil Procedure - CCP - CCP § 371
If spouses are sued together, each may defend for his or her own right, but if one spouse neglects to defend, the other spouse may defend for that spouse’s right also.
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Code of Civil Procedure - CCP - CCP § 372
Code of Civil Procedure - CCP - CCP § 372
(a) (1) When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the ac
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Code of Civil Procedure - CCP - CCP § 372.5
Code of Civil Procedure - CCP - CCP § 372.5
(a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section. (b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leav
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Code of Civil Procedure - CCP - CCP § 373
Code of Civil Procedure - CCP - CCP § 373
When a guardian ad litem is appointed, he or she shall be appointed as follows: (a) If the minor is the plaintiff the appointment must be made before the summons is issued, upon the application of the minor, if the minor is 14 years of age or older, or, if under that age, upon th
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Code of Civil Procedure - CCP - CCP § 373.5
Code of Civil Procedure - CCP - CCP § 373.5
If under the terms of a written instrument, or otherwise, a person or persons of a designated class who are not ascertained or who are not in being, or a person or persons who are unknown, may be or may become legally or equitably interested in any property, real or personal, the
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Code of Civil Procedure - CCP - CCP § 374
Code of Civil Procedure - CCP - CCP § 374
(a) A minor under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for (1) an injunction or temporary restraining order or both to prohi
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Code of Civil Procedure - CCP - CCP § 374.5
Code of Civil Procedure - CCP - CCP § 374.5
A proceeding initiated by or brought against a minor for any of the injunctions or orders described in paragraph (1) of subdivision (b) of Section 372 or subdivision (a) of Section 374 shall be heard in the court assigned to hear those matters; except that, if the minor bringing
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Code of Civil Procedure - CCP - CCP § 375
Code of Civil Procedure - CCP - CCP § 375
An action or proceeding does not abate by the disability of a party. The court, on motion, shall allow the action or proceeding to be continued by or against the party’s representative.
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Code of Civil Procedure - CCP - CCP § 376
Code of Civil Procedure - CCP - CCP § 376
(a) The parents of a legitimate unmarried minor child, acting jointly, may maintain an action for injury to the child caused by the wrongful act or neglect of another. If either parent fails on demand to join as plaintiff in the action or is dead or cannot be found, then the othe
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Code of Civil Procedure - CCP - CCP § 377.10
Code of Civil Procedure - CCP - CCP § 377.10
For the purposes of this chapter, “beneficiary of the decedent’s estate” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action
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Code of Civil Procedure - CCP - CCP § 377.11
Code of Civil Procedure - CCP - CCP § 377.11
For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.
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Code of Civil Procedure - CCP - CCP § 377.20
Code of Civil Procedure - CCP - CCP § 377.20
(a) Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the applicable limitations period. (b) This section applies even though a loss or damage occurs simultaneously with or after
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Code of Civil Procedure - CCP - CCP § 377.21
Code of Civil Procedure - CCP - CCP § 377.21
A pending action or proceeding does not abate by the death of a party if the cause of action survives.
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Code of Civil Procedure - CCP - CCP § 377.22
Code of Civil Procedure - CCP - CCP § 377.22
Nothing in this chapter shall be construed as affecting the assignability of causes of action.