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Code of Civil Procedure - CCP - CCP § 583.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 583.320

(a) If a new trial is granted in the action the action shall again be brought to trial within the following times: (1) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of t

Code of Civil Procedure - CCP - CCP § 583.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 583.330

The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court i

Code of Civil Procedure - CCP - CCP § 583.340

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 583.340

In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The jurisdiction of the court to try the action was suspended. (b) Prosecution or trial of th

Code of Civil Procedure - CCP - CCP § 583.350

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 583.350

If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with the result that at the end of the period of tolling or extension less than six months remains within which the action must be brought to t

Code of Civil Procedure - CCP - CCP § 583.360

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 583.360

(a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The requirements of this article are mandatory and are not subject to

Code of Civil Procedure - CCP - CCP § 583.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 583.410

(a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case. (b) Dismissal shall be pursuant to the procedu

Code of Civil Procedure - CCP - CCP § 583.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 583.420

(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to tria

Code of Civil Procedure - CCP - CCP § 583.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 583.430

(a) In a proceeding for dismissal of an action pursuant to this article for delay in prosecution the court in its discretion may require as a condition of granting or denial of dismissal that the parties comply with such terms as appear to the court proper to effectuate substanti

Code of Civil Procedure - CCP - CCP § 585

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 585

Judgment may be had, if the defendant fails to answer the complaint, as follows: (a) In an action arising upon contract or judgment for the recovery of money or damages only, if the defendant has, or if more than one defendant, if any of the defendants have, been served, other th

Code of Civil Procedure - CCP - CCP § 585.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 585.5

(a) Every application to enter default under subdivision (a) of Section 585 shall include, or be accompanied by, an affidavit stating facts showing that the action is or is not subject to Section 1812.10 or 2984.4 of the Civil Code or subdivision (b) of Section 395. (b) When a de

Code of Civil Procedure - CCP - CCP § 586

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 586

(a) In the following cases the same proceedings shall be had, and judgment shall be rendered in the same manner, as if the defendant had failed to answer: (1) If the complaint has been amended, and the defendant fails to answer it, as amended, or demur thereto, or file a notice o

Code of Civil Procedure - CCP - CCP § 587

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 587

An application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit stating that a copy of the application has been mailed to the defendant’s attorney of record or, if none, to the defendant at his or her

Code of Civil Procedure - CCP - CCP § 587.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 587.5

As used in this chapter, unless the context otherwise specifically requires, the following terms apply: (a) “Complaint” includes a cross-complaint. (b) “Defendant” includes a cross-defendant. (c) “Plaintiff” includes a cross-complainant.

Code of Civil Procedure - CCP - CCP § 588

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 588

Issues arise upon the pleadings when a fact or a conclusion of law is maintained by the one party and is controverted by the other. They are of two kinds: 1. Of law; and, 2. Of fact.

Code of Civil Procedure - CCP - CCP § 589

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 589

An issue of law arises: (a) Upon a demurrer to the complaint, cross-complaint, or answer, or to some part thereof. (b) Upon a motion to strike made pursuant to Section 435, 436, or 473.

Code of Civil Procedure - CCP - CCP § 590

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 590

An issue of fact arises: 1. Upon a material allegation in the complaint controverted by the answer; and, 2. Upon new matters in the answer, except an issue of law is joined thereon.

Code of Civil Procedure - CCP - CCP § 591

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 591

An issue of law must be tried by the court, unless it is referred upon consent; provided, however, that failure on the part of any person filing any demurrer to prosecute the same may be construed as a waiver of such demurrer, except as otherwise provided in Section 430.80 of thi

Code of Civil Procedure - CCP - CCP § 594

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 594

(a) In superior courts either party may bring an issue to trial or to a hearing, and, in the absence of the adverse party, unless the court, for good cause, otherwise directs, may proceed with the case and take a dismissal of the action, or a verdict, or judgment, as the case may

Code of Civil Procedure - CCP - CCP § 594a

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 594a

The court may, of its own motion, postpone the trial, if at the time fixed for the trial the court is engaged in the trial of another action; or if, as provided in section 473 of this code, an amendment of the pleadings, or the allowance of time to make such amendment, or to plea

Code of Civil Procedure - CCP - CCP § 595

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 595

The trial of any civil action, or proceeding in a court, or of any administrative proceeding before a state board or commission or officer, irrespective of the date of the filing thereof or when it became at issue, or the hearing of any motion, demurrer, or other proceeding, shal

Code of Civil Procedure - CCP - CCP § 595.1

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 595.1

The term “proceeding in a court” as it is used in Section 595 shall include any discovery proceeding, pretrial conference, deposition, interrogatory, or any other proceeding arising out of a pending civil action. The enactment of this section at the 1965 Regular Session of the Le

Code of Civil Procedure - CCP - CCP § 595.2

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 595.2

In all cases, the court shall postpone a trial, or the hearing of any motion or demurrer, for a period not to exceed thirty (30) days, when all attorneys of record of parties who have appeared in the action agree in writing to such postponement.

Code of Civil Procedure - CCP - CCP § 595.3

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 595.3

In actions involving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction of the court that, in order that justice may be done and the action fairly tried on its merits, it is necessary that further developme

Code of Civil Procedure - CCP - CCP § 595.4

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 595.4

A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. The court may require the moving party, where application is

Code of Civil Procedure - CCP - CCP § 596

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 596

The party obtaining a postponement of a trial, if required by the adverse party, must consent that the testimony of any witness of such adverse party, who is in attendance, be then taken by deposition before a judge or clerk of the court in which the case is pending, or before su