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California Code of Civil Procedure. California
Читать онлайн.Название California Code of Civil Procedure
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isbn 9785392105359
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
CHAPTER 6. Time of Commencement of Action After Person’s Death
366.1. If a person entitled to bring an action dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced before the expiration of the later of the following times:
(a) Six months after the person’s death.
(b) The limitations period that would have been applicable if the person had not died.
(Added by Stats. 1992, Ch. 178, Sec. 8. Effective January 1, 1993.)
366.2. (a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.
(b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in any of the following, where applicable:
(1) Sections 12, 12a, and 12b of this code.
(2) Part 4 (commencing with Section 9000) of Division 7 of the Probate Code (creditor claims in administration of estates of decedents).
(3) Part 8 (commencing with Section 19000) of Division 9 of the Probate Code (payment of claims, debts, and expenses from revocable trust of deceased settlor).
(4) Former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code (no contest clauses), as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.
(c) This section applies to actions brought on liabilities of persons dying on or after January 1, 1993.
(Amended by Stats. 2009, Ch. 348, Sec. 2. Effective January 1, 2010.)
366.3. (a) If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust or under another instrument, whether the promise or agreement was made orally or in writing, an action to enforce the claim to distribution may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.
(b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in Sections 12, 12a, and 12b of this code, and former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code, as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.
(c) This section applies to actions brought on claims concerning persons dying on or after the effective date of this section.
(Amended by Stats. 2009, Ch. 348, Sec. 3. Effective January 1, 2010.)
TITLE 3. OF THE PARTIES TO CIVIL ACTIONS
CHAPTER 1.
General Provisions
367. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.
(Amended by Stats. 1992, Ch. 178, Sec. 10. Effective January 1, 1993.)
367.5. (a) It is the intent of this section to promote uniformity in the procedures and practices relating to telephone appearances in civil cases. To improve access to the courts and reduce litigation costs, courts should, to the extent feasible, permit parties to appear by telephone at appropriate conferences, hearings, and proceedings in civil cases.
(b) Except as provided in subdivision (c), in all general civil cases, as defined in the California Rules of Court, a party that has provided notice may appear by telephone at the following conferences, hearings, and proceedings:
(1) A case management conference, provided the party has made a good faith effort to meet and confer before the conference as required by law and has timely served and filed a case management statement.
(2) A trial setting conference.
(3) A hearing on law and motion, except motions in limine.
(4) A hearing on a discovery motion.
(5) A conference to review the status of an arbitration or mediation.
(6) A hearing to review the dismissal of an action.
(7) Any other hearing, conference, or proceeding if the court determines that a telephone appearance is appropriate.
(c) The court may require a party to appear in person at a hearing, conference, or proceeding listed in subdivision (b) if the court determines on a hearing-by-hearing basis that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.
(d) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules effectuating the policies and provisions in this section by January 1, 2008, and may adopt rules relating to matters not covered by subdivision (a). The rules may prescribe, but are not limited to prescribing, the notice to be given by a party requesting a telephone appearance under subdivision (a), the manner in which telephone appearances are to be conducted, the conditions required for a party to be permitted to appear by telephone, and provisions relating to the courts’ use of private vendors to provide telephone services.
(e) This section does not apply to any types of cases or types of conferences, hearings, and proceedings except those specified in subdivision (b). Consistent with its constitutional rulemaking authority, the Judicial Council may by rule provide for the procedures and practices, and for the administration of, telephone appearances for all types of cases and matters not specified in subdivision (b). For these other cases and matters, the Judicial Council may specify the types of cases and matters in which parties may appear by telephone, the types of cases and matters in which parties shall appear personally, the conditions under which a party may be permitted to appear by telephone, and any other rules governing telephone and personal appearances that are within its rulemaking authority.
(Added by Stats. 2007, Ch. 268, Sec. 1. Effective January 1, 2008.)
367.6. (a) On or before July 1, 2011, the Judicial Council shall establish statewide, uniform fees to be paid by a party for appearing by telephone, which shall supersede any fees paid to vendors and courts under any previously existing agreements and procedures. The fees to be paid for telephone appearances shall include:
(1) A fee for providing the telephone appearance service pursuant to a timely request to the vendor or court.
(2) An additional fee for providing services if the request is made shortly before the hearing, as defined by the Judicial Council.
(3) A fee for canceling a telephone appearance request.
(b) If a party has received a waiver of fees pursuant to Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code, neither a vendor nor a court shall charge that party any of the fees authorized by this section, subject to the following:
(1) The vendor or court that provides the telephone appearance service shall have a lien, as provided by rule of court, on any judgment, including a judgment for costs, that the party may receive, in the amount of the fee that the party would have paid for the telephone appearance.
(2) If the vendor or court later receives a fee or a portion of a fee for appearance by telephone that was previously waived, that fee shall be distributed consistent with Section 72011 of the Government Code.
(c) The fee described in this section shall be a recoverable cost under Section 1033.5 of the Code of Civil Procedure.
(Amended (as added by Stats. 2010, Ch. 720, Sec. 3) by Stats. 2012, Ch. 41, Sec. 1. Effective June 27, 2012.)
368. In the case of an assignment of a thing in action, the action by the assignee