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Code of Civil Procedure - CCP - CCP § 398
Code of Civil Procedure - CCP - CCP § 398
(a) If a court orders the transfer of an action or proceeding for a cause specified in subdivisions (b), (c), and (d) of Section 397, the action or proceeding shall be transferred to a court having jurisdiction of the subject matter of the action upon agreement of the parties by
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Code of Civil Procedure - CCP - CCP § 399
Code of Civil Procedure - CCP - CCP § 399
(a) If an order is made transferring an action or proceeding under any provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment d
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Code of Civil Procedure - CCP - CCP § 4
Code of Civil Procedure - CCP - CCP § 4
The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberal
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Code of Civil Procedure - CCP - CCP § 400
Code of Civil Procedure - CCP - CCP § 400
When an order is made by the superior court granting or denying a motion to change the place of trial, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the district in which the court granting or
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Code of Civil Procedure - CCP - CCP § 401
Code of Civil Procedure - CCP - CCP § 401
(1) Whenever it is provided by any law of this State that an action or proceeding against the State or a department, institution, board, commission, bureau, officer or other agency thereof shall or may be commenced in, tried in, or removed to the County of Sacramento, the same ma
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Code of Civil Procedure - CCP - CCP § 402
Code of Civil Procedure - CCP - CCP § 402
(a) Except as otherwise provided by law: (1) A superior court may specify by local rule the locations where certain types of actions or proceedings are to be filed. (2) A superior court may specify by local rule the locations where certain types of actions or proceedings are to b
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Code of Civil Procedure - CCP - CCP § 403
Code of Civil Procedure - CCP - CCP § 403
A judge may, on motion, transfer an action or actions from another court to that judge’s court for coordination with an action involving a common question of fact or law within the meaning of Section 404. The motion shall be supported by a declaration stating facts showing that t
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Code of Civil Procedure - CCP - CCP § 403.010
Code of Civil Procedure - CCP - CCP § 403.010
Nothing in this chapter expands or limits the law on whether a plaintiff, cross-complainant, or petitioner may file an amended complaint or other amended initial pleading. Nothing in this chapter expands or limits the law on whether, and to what extent, an amendment relates back
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Code of Civil Procedure - CCP - CCP § 403.020
Code of Civil Procedure - CCP - CCP § 403.020
(a) If a plaintiff, cross-complainant, or petitioner files an amended complaint or other amended initial pleading that changes the jurisdictional classification from limited to unlimited, the party at the time of filing the pleading shall pay the reclassification fee provided in
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Code of Civil Procedure - CCP - CCP § 403.030
Code of Civil Procedure - CCP - CCP § 403.030
If a party in a limited civil case files a cross-complaint that causes the action or proceeding to exceed the maximum amount in controversy for a limited civil case or otherwise fail to satisfy the requirements for a limited civil case as prescribed by Section 85, the caption of
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Code of Civil Procedure - CCP - CCP § 403.040
Code of Civil Procedure - CCP - CCP § 403.040
(a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respo
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Code of Civil Procedure - CCP - CCP § 403.050
Code of Civil Procedure - CCP - CCP § 403.050
(a) The parties to the action or proceeding may stipulate to reclassification of the case within the time allowed to respond to the initial pleading. (b) If the stipulation for reclassification changes the jurisdictional classification of the case from limited to unlimited, the r
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Code of Civil Procedure - CCP - CCP § 403.060
Code of Civil Procedure - CCP - CCP § 403.060
(a) For reclassification of a case from a limited civil case to an unlimited civil case, a fee shall be charged as provided in Section 70619 of the Government Code. This reclassification fee shall be in addition to any other fee due for that appearance or filing in a limited civi
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Code of Civil Procedure - CCP - CCP § 403.070
Code of Civil Procedure - CCP - CCP § 403.070
(a) An action or proceeding that is reclassified shall be deemed to have been commenced at the time the complaint or petition was initially filed, not at the time of reclassification. (b) The court shall have and exercise over the reclassified action or proceeding the same author
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Code of Civil Procedure - CCP - CCP § 403.080
Code of Civil Procedure - CCP - CCP § 403.080
When an order is made by the superior court granting or denying a motion to reclassify an action or proceeding pursuant to Section 403.040, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the di
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Code of Civil Procedure - CCP - CCP § 403.090
Code of Civil Procedure - CCP - CCP § 403.090
The Judicial Council may prescribe rules, not inconsistent with statute, governing the procedure for reclassification of civil actions and proceedings.
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Code of Civil Procedure - CCP - CCP § 404
Code of Civil Procedure - CCP - CCP § 404
When civil actions sharing a common question of fact or law are pending in different courts, a petition for coordination may be submitted to the Chairperson of the Judicial Council, by the presiding judge of any such court, or by any party to one of the actions after obtaining pe
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Code of Civil Procedure - CCP - CCP § 404.1
Code of Civil Procedure - CCP - CCP § 404.1
Coordination of civil actions sharing a common question of fact or law is appropriate if one judge hearing all of the actions for all purposes in a selected site or sites will promote the ends of justice taking into account whether the common question of fact or law is predominat
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Code of Civil Procedure - CCP - CCP § 404.2
Code of Civil Procedure - CCP - CCP § 404.2
A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall select the reviewing court having appellate jurisdiction if the actions to be coordinated are within the jurisdiction of more than one reviewing court. The assigned judge shall select t
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Code of Civil Procedure - CCP - CCP § 404.3
Code of Civil Procedure - CCP - CCP § 404.3
A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall order the actions coordinated, report that fact to the Chairperson of the Judicial Council, and the Chairperson of the Judicial Council shall either assign a judge to hear and determine
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Code of Civil Procedure - CCP - CCP § 404.4
Code of Civil Procedure - CCP - CCP § 404.4
The presiding judge of any court in which there is pending an action sharing a common question of fact or law with actions coordinated pursuant to Section 404, on the court’s own motion or the motion of any party supported by an affidavit stating facts showing that the action mee
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Code of Civil Procedure - CCP - CCP § 404.5
Code of Civil Procedure - CCP - CCP § 404.5
Pending any determination of whether coordination is appropriate, the judge making that determination may stay any action being considered for, or affecting an action being considered for, coordination.
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Code of Civil Procedure - CCP - CCP § 404.6
Code of Civil Procedure - CCP - CCP § 404.6
Within 20 days after service upon him or her of a written notice of entry of an order of the court under this chapter, any party may petition the appropriate reviewing court for a writ of mandate to require the court to make such order as the reviewing court finds appropriate. Th
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Code of Civil Procedure - CCP - CCP § 404.7
Code of Civil Procedure - CCP - CCP § 404.7
Notwithstanding any other provision of law, the Judicial Council shall provide by rule the practice and procedure for coordination of civil actions in convenient courts, including provision for giving notice and presenting evidence.
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Code of Civil Procedure - CCP - CCP § 404.8
Code of Civil Procedure - CCP - CCP § 404.8
Expenses of the assigned judge, other necessary judicial officers and employees, and facilities for cases coordinated under Section 404 shall be paid or reimbursed by the state from funds appropriated to the Judicial Council.