SECTIONS 1045-1055 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1045-1055

1045. If an original pleading or paper be lost, the Court may
authorize a copy thereof to be filed and used instead of the
original.

1046. 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.

1046a. 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.

1047. Successive actions may be maintained upon the same contract
or transaction, whenever, after the former action, a new cause of
action arises therefrom.

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) 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.

1049. 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.

1050. 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.

1053. When there are three referees all must meet, but two of them
may do any act which might be done by all.

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) 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.

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) 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.

1055. 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.