Section § 165

Explanation

This law allows judges from California's Supreme Court and courts of appeal to issue certain legal orders and writs on their own, without needing both parties present. However, they can't initially issue writs that order someone to do something (mandamus), review lower court decisions (certiorari), or stop a process (prohibition). They can later decide if these orders should be canceled after hearing more from the involved parties.

The justices of the Supreme Court and of the courts of appeal, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of mandamus, certiorari, and prohibition; and may, in their discretion, hear applications to discharge such orders and writs.

Section § 166

Explanation

This section explains that judges of the superior courts in California have specific powers they can exercise out of the courtroom. They can issue orders, handle uncontested cases, and make various decisions regarding probate matters and guardianships. Judges can also approve bonds, reject or approve claims, and make determinations on certain motions. These actions can take place in chambers, meaning not in open court.

(a)CA Civil Procedure Code § 166(a) The judges of the superior courts may, in chambers:
(1)CA Civil Procedure Code § 166(a)(1) Grant all orders and writs that are usually granted in the first instance upon an ex parte application, and hear and dispose of those orders and writs, appoint referees, require and receive inventories and accounts to be filed, order notice of settlement of supplemental accounts, suspend the powers of personal representatives, guardians, or conservators in the cases allowed by law, appoint special administrators, grant letters of temporary guardianship or conservatorship, approve or reject claims, and direct the issuance from the court of all writs and process necessary in the exercise of their powers in matters of probate.
(2)CA Civil Procedure Code § 166(a)(2) Hear and determine all motions made pursuant to Section 657 or 663.
(3)CA Civil Procedure Code § 166(a)(3) Hear and determine all uncontested actions, proceedings, demurrers, motions, petitions, applications, and other matters pending before the court other than actions for dissolution of marriage, for legal separation, or for a judgment of nullity of the marriage, and except also applications for confirmation of sale of real property in probate proceedings.
(4)CA Civil Procedure Code § 166(a)(4) Hear and determine motions to tax costs of enforcing a judgment.
(5)CA Civil Procedure Code § 166(a)(5) Approve bonds and undertakings.
(b)CA Civil Procedure Code § 166(b) A judge may, out of court, anywhere in the state, exercise all the powers and perform all the functions and duties conferred upon a judge as contradistinguished from the court, or that a judge may exercise or perform in chambers.

Section § 166.1

Explanation

If a party in a legal case asks, or if a judge decides it's important, a judge can note in an interim decision that there's a key legal question with different opinions that might need a higher court to look at to help move the case along. But, if a judge doesn't make such a note, or if someone objects to it, you can't appeal just because of that.

Upon the written request of any party or his or her counsel, or at the judge’s discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation. Neither the denial of a request for, nor the objection of another party or counsel to, such a commentary in the interlocutory order, may be grounds for a writ or appeal.

Section § 167

Explanation

This law says that anything a court clerk is supposed to do can also be done by a judge in that court.

Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof.