If an original pleading or paper be lost, the Court may authorize a copy thereof to be filed and used instead of the original.
Of Miscellaneous ProvisionsGeneral Provisions
Section § 1045
If you lose an important court paper, the court can let you use a copy of it instead of the original.
original pleading lost document court authorization
Section § 1046
If a legal document like an affidavit or notice does not have the correct title of the legal case it refers to, it is still valid as long as it clearly refers to the case it involves.
An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refers to the action or proceeding.
affidavit notice legal document
Section § 1046
If your property records are lost or destroyed due to a disaster like a flood or fire, this law lets you refile documents with the court as if they were submitted on the original due date. This ensures they carry the same weight as if they had been filed on time.
In all cases brought under the provisions of any act providing for the establishment and quieting of title to real property in cases where the public records in the office of the county recorder have been, or shall hereafter be, lost or destroyed, in whole or in any material part by flood, fire or earthquake, all papers filed under order of court nunc pro tunc as of the date when they should have been filed, shall have the same force and effect as if filed on the date when they should have been filed.
title to real property public records lost county recorder
Section § 1047
You can bring more than one lawsuit about the same contract or deal if, after the first lawsuit, a new reason to sue comes up from that same contract or deal.
Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom.
successive actions same contract same transaction
Section § 1048
This law allows a court to combine different legal cases that share common issues into one joint hearing or trial to save time and costs. Alternatively, the court can decide to separate cases or issues to make the process quicker or fairer. However, the right to a jury trial must always be preserved as required by law.
(a)CA Civil Procedure Code § 1048(a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
(b)CA Civil Procedure Code § 1048(b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate
issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.
joint hearing cases consolidation separate trials
Section § 1049
This law explains that a court case is considered 'pending' from when it starts until a final decision is made on any appeals or the time to appeal has ended. If the judgment is fulfilled sooner, the case is no longer pending.
An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.
pending action court case commencement
Section § 1050
This law allows one person to take another to court if the second person is claiming they owe money or property based on some obligation. It also lets a person go to court against two or more people to force one of them to pay a debt that the person bringing the case, who is a guarantor, is responsible for.
An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety.
adverse claim money obligation property claim
Section § 1053
If there are three referees handling a matter, they all need to come together, but just two of them can make decisions that all three could make.
When there are three referees all must meet, but two of them may do any act which might be done by all.
referees decision-making three referees
Section § 1054
This law explains that if you need more time to handle certain legal paperwork related to a case, like filing pleadings or serving notices, you can ask the judge for an extension. However, judges can't give you more than an extra 30 days unless the other party agrees. But if all lawyers involved agree in writing, the extension must be granted, and prior agreed-upon extensions don't count towards the 30-day limit.
(a)CA Civil Procedure Code § 1054(a) When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal and of intention to move for a new trial, the time allowed therefor, unless otherwise expressly provided, may be extended, upon good cause shown, by the judge of the court in which the action is pending, or by the judge who presided at the trial of the action; but the extension so allowed shall not exceed 30 days, without the consent of the adverse party.
(b)CA Civil Procedure Code § 1054(b) In all cases in which the court or judge is authorized by this section to grant an extension of time, the extension of time shall be granted when all attorneys of record of parties who have appeared in the action agree in writing to the extension of time, and any extension of time previously granted by stipulation of all attorneys of record of parties who have appeared in the action shall not be included in the computation of the 30-day limitation upon extensions of time allowed by the court or judge.
extension of time pleadings bills of exceptions
Section § 1054.1
This law talks about extending deadlines for certain legal actions or proceedings in California courts or state agencies when the lawyer involved is also a member of the state legislature. If the legislature is in session or about to meet, the attorney can get more time to complete certain tasks. The extension is generally mandatory unless it would interfere with obtaining needed temporary relief in urgent matters like paternity cases, support cases, or business failures. In such cases, the court can decide not to allow the extension.
(a)CA Civil Procedure Code § 1054.1(a) When an act to be done in any action or proceeding in any court of this state or before any state administrative agency, as provided by law or rule, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices (other than of appeal, of intention to move for a new trial, and of intention to move to vacate a judgment), and such act is not a motion for a judgment notwithstanding the verdict, the time allowed therefor, unless otherwise expressly provided, shall be extended to a date certain by the judges of the court or by the agency in which the action
or proceeding is pending, or by the judge who presided at the trial of the action, when it appears to the judge of any court or to the agency to whom the application is made that an attorney of record for the party applying for the extension is a Member of the Legislature of this state, and that the Legislature is in session or in recess not exceeding a recess of 40 days or that a legislative committee of which the attorney is a duly appointed member is meeting or is to meet within a period which the court or agency finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel. When the Legislature is in session or in recess, extension shall be to a date not less than 30 days next following the final adjournment of the Legislature or the commencement of a recess of more than 40 days. If a date is available during recess, extension shall be to such earlier date. When a legislative committee is meeting or is to meet within a period which
the court or agency finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel, extension shall be for such period as the court or agency finds will be reasonably necessary to enable the member to perform the act to be done in the action or proceeding, unless the extension would expire when the Legislature is to be in session; and in that case the extension shall be to a date not less than 30 days following the final adjournment of the Legislature or the commencement of a recess of more than 40 days. If the act may be reasonably done by the member within the recess, continuance shall be to such earlier date. However, any postponement granted under the provisions of this section shall suspend for the same period of time as the postponement, the running of any period of time for any ruling or proceeding by a court, board, commission, or officer, or for the performance by any party of any act affected by the postponement.
(b)CA Civil Procedure Code § 1054.1(b) Extension of time pursuant to this section is mandatory unless the court determines that the extension would defeat or abridge a right to relief pendente lite in a paternity action or a right to invoke a provisional remedy such as pendente lite support in a domestic relations controversy, attachment and sale of perishable goods, receivership of a failing business, and temporary restraining order or preliminary injunction, and that the continuance should not be granted.
deadline extension member of legislature session or recess
Section § 1055
If someone sues an officer or individual covered by a bond or indemnity agreement, the officer can notify the bond issuers, allowing them to handle the case. If the issuers are notified and given control, any judgment against the officer is also applicable to them. The court can then make the issuers pay the judgment and costs after a quick hearing, as long as the officer proves the bond or agreement exists and that proper notice was given.
If an action is brought against any officer or person for an act for the doing of which he had theretofore received any valid bond or convenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed such bond or covenant, and permits them to conduct the defense of such action, the judgment recovered therein is conclusive evidence against the persons so notified; and the court may, on motion of the defendant, upon notice of five days, and upon proof of such bond or covenant, and of such notice and permission, enter judgment against them for the amount so recovered and costs.
indemnity agreement valid bond defense notice
