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California Commercial Code. California
Читать онлайн.Название California Commercial Code
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isbn 9785392105366
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
TITLE 5
PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE
CHAPTER 1
ATTORNEYS AND COUNSELORS AT LAW
283. An attorney and counselor shall have authority:
1. To bind his client in any of the steps of an action or proceeding by his agreement filed with the Clerk, or entered upon the minutes of the Court, and not otherwise;
2. To receive money claimed by his client in an action or proceeding during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.
284. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows:
1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes;
2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.
285. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party. Until then he must recognize the former attorney.
285.1. An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable marriage, or for the support, maintenance or custody of minor children may withdraw at any time subsequent to the time when any judgment in such action or proceeding, other than an interlocutory judgment, becomes final, and prior to service upon him of pleadings or motion papers in any proceeding then pending in said cause, by filing a notice of withdrawal. Such notice shall state (a) date of entry of final decree or judgment, (b) the last known address of such party, (c) that such attorney withdraws as attorney for such party. A copy of such notice shall be mailed to such party at his last known address and shall be served upon the adverse party.
285.2. If a reduction in public funding for legal service materially impairs a legal service agency attorney's ability to represent an indigent client, the court, on its own motion or on the motion of either the client or attorney, shall permit the withdrawal of such attorney upon a showing that all of the following apply:
(a) There are not adequate public funds to continue the effective representation of the indigent client.
(b) A good faith effort was made to find alternate representation for such client.
(c) All reasonable steps to reduce the legal prejudice to the client have been taken.
A showing of indigency of the client, in and of itself, will not be deemed sufficient cause to deny the application for withdrawal.
285.3. The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may toll the running of any statute of limitations, filing requirement, statute providing for mandatory dismissal, notice of appeal, or discovery requirement, for a period not to exceed 90 days, on the court's own motion or on motion of any party or attorney, when the court finds that tolling is required to avoid legal prejudice caused by the withdrawal of the legal service agency attorney.
285.4. The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may appoint any member of the bar or any law firm or professional law corporation to represent the indigent client without compensation, upon a showing of good cause. Nothing herein shall preclude the appointed attorney from recovering any attorneys' fees and costs to which the client may be entitled by law. In determining the existence of good cause, the court may consider, but is not limited to, the following factors:
(a) The probable merit of the client's claim.
(b) The client's financial ability to pay for legal services.
(c) The availability of alternative legal representation.
(d) The need for legal representation to avoid irreparable legal prejudice to the indigent client.
(e) The ability of appointed counsel to effectively represent the indigent client.
(f) Present and recent pro bono work of the appointed attorney, law firm or private law corporation.
(g) The ability of the indigent client to represent himself.
(h) The workload of the appointed attorney.
286. When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action, for whom he was acting as attorney, must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person.
PART 2
OF CIVIL ACTIONS
TITLE 1
OF THE FORM OF CIVIL ACTIONS
307. There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs.
308. In such action the party complaining is known as the plaintiff, and the adverse party as the defendant.
309. A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial.
TITLE 2
OF THE TIME OF COMMENCING CIVIL ACTIONS
CHAPTER 1
THE TIME OF COMMENCING ACTIONS IN GENERAL
312. Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute.
313. The general procedure for the presentation of claims as a prerequisite to commencement of actions for money or damages against the State of California, counties, cities, cities and counties, districts, local authorities, and other political subdivisions of the State, and against the officers, employees, and servants thereof, is prescribed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.
CHAPTER 2
THE TIME OF COMMENCING ACTIONS FOR THE RECOVERY OF REAL PROPERTY
315. The people of this State will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless:
1. Such right or title shall have accrued within ten years before any action or other proceeding for the same is commenced; or,
2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years.
316. No action can be brought for or in respect to real property by any person claiming under letters patent or grants from this State, unless the same might have been commenced by the people as herein specified, in case such patent had not been issued or grant made.
Э317.] Section Three Hundred and Seventeen. When letters patent or grants of real property issued or made by the people of this State, are declared void by the determination