Articles Posted in California Code of Civil Procedure

A Guide to Statutory California Settlement Offers (Code of Civil Procedure Section 998)
Underwood Law Firm, P.C.

California Code of Civil Procedure section 998 encourages parties involved in legal disputes to settle prior to trial. According to this law, either party can present a written settlement offer to the other party up to ten days before the trial begins. (CCP § 998(b).) If the plaintiff declines a timely offer from the defendant…

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Equity as a Settlement Offer (Code of Civil Procedure § 998)
Underwood Law Firm, P.C.

California Code of Civil Procedure section 998 incentivizes parties in litigation to settle their disputes before trial. The statute provides that up to ten days before trial, either party may submit a written offer to the other to settle the case under specified terms. (CCP § 998(b).) If the plaintiff rejects the defendant’s timely offer…

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The Complete Guide to the Partition of Real Property Act (Part 2)
Underwood Law Firm, P.C.

When does the Partition of Real Property Act apply (CCP § 874.313)? As noted previously, the Partition of Real Property Act applies to real property held in tenancy in common where there is no agreement in a record binding all the co-owners related to partition. (CCP § 874.311.) But does that mean its provisions are…

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What Is The Statute of Limitations On a Quiet Title Action? (CCP § 338)
Underwood Law Firm, P.C.

The Legislature has not established a specific statute of limitations for actions to quiet title. (Salazar v. Thomas (2015) 236 Cal.App.4th 467, 476.) Instead, the statute of limitations is based on the underlying theory of relief for the action. (Id.) For example, if the underlying theory is relief for trespass or injury to real property,…

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Code of Civil Procedure (CCP) Section 872.250—Lis Pendens
Underwood Law Firm, P.C.

The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.250 outlines the procedure for a plaintiff seeking a partition of real property to record a lis pendens with the county office. A lis pendens gives notice to any future persons who may…

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Code of Civil Procedure (CCP) Section 872.240—Joinder of Property
Underwood Law Firm, P.C.

The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.240 allows for personal property to be partitioned with real property. The purpose of Section 872.240 is to give parties an avenue to partition their personal property alongside their real property if they…

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Code of Civil Procedure (CCP) Section 872.230—Partition Complaint
Underwood Law Firm, P.C.

The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.230 outlines the necessary information a plaintiff must have in their complaint. The point of the statute is for plaintiffs to file a proper complaint with all of the content required to initiate…

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Code of Civil Procedure (CCP) Section 872.210—Persons Authorized to Bring Partition Actions
Underwood Law Firm, P.C.

California Code of Civil Procedure section 872.210 defines the persons who are authorized to commence an action of partition. The section broadens the people who may attempt to bring a partition, while retaining a limitation on property held in community or quasi-community interest. Code of Civil Procedure section 872.210 states A partition action may be…

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Code of Civil Procedure (CCP) Section 872.140—Compensatory Adjustment
Underwood Law Firm, P.C.

The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Within the Partition Statute, section 872.140 clarifies the court’s power to make equitable compensatory adjustments. Code of Civil Procedure section 872.140 states The court may, in all cases, order allowance, accounting, contribution, or other…

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Code of Civil Procedure (CCP) § 872.120 General Authority to Hear Motions and Make Orders and Decrees
Underwood Law Firm, P.C.

California Code of Civil Procedure section 872.120 grants the court continuing jurisdiction to hear all motions and issue any necessary decrees in order to fulfill the purpose of the partition title, which aims to provide the court with broad statutory authority. Code of Civil Procedure section 872.120 states In the conduct of the action, the…

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