SECTIONS 1138-1140 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1138-1140

1138. Parties to a question in difference, which might be the
subject of a civil action, may, without action, agree upon a case
containing the facts upon which the controversy depends, and present
a submission of the same to any Court which would have jurisdiction
if an action had been brought; but it must appear, by affidavit, that
the controversy is real and the proceedings in good faith, to
determine the rights of the parties. The Court must thereupon hear
and determine the case, and render judgment thereon, as if an action
were depending.

1139. Judgment must be entered as in other cases, but without costs
for any proceeding prior to the trial. The case, the submission, and
a copy of the judgment constitute the judgment roll.

1140. The judgment may be enforced in the same manner as if it had
been rendered in an action of the same jurisdictional classification
in the same court, and is in the same manner subject to appeal.