SECTIONS 664-674 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 664-674

664. When trial by jury has been had, judgment must be entered by
the clerk, in conformity to the verdict within 24 hours after the
rendition of the verdict, whether or not a motion for judgment
notwithstanding the verdict be pending, unless the court order the
case to be reserved for argument or further consideration, or grant a
stay of proceedings. If the trial has been had by the court,
judgment must be entered by the clerk, in conformity to the decision
of the court, immediately upon the filing of such decision. In no
case is a judgment effectual for any purpose until entered.

664.5. (a) In any contested action or special proceeding other than
a small claims action or an action or proceeding in which a
prevailing party is not represented by counsel, the party submitting
an order or judgment for entry shall prepare and mail a copy of the
notice of entry of judgment to all parties who have appeared in the
action or proceeding and shall file with the court the original
notice of entry of judgment together with the proof of service by
mail. This subdivision does not apply in a proceeding for dissolution
of marriage, for nullity of marriage, or for legal separation.
(b) Promptly upon entry of judgment in a contested action or
special proceeding in which a prevailing party is not represented by
counsel, the clerk of the court shall mail notice of entry of
judgment to all parties who have appeared in the action or special
proceeding and shall execute a certificate of such mailing and place
it in the court's file in the cause.
(c) For purposes of this section, "judgment" includes any
judgment, decree, or signed order from which an appeal lies.
(d) Upon order of the court in any action or special proceeding,
the clerk shall mail notice of entry of any judgment or ruling,
whether or not appealable.
(e) The Judicial Council shall, by January 1, 1999, adopt a rule
of court for the purposes of providing that, upon entry of judgment
in a contested action or special proceeding in which a state statute
or regulation has been declared unconstitutional by the court, the
Attorney General is promptly notified of the judgment and that a
certificate of that mailing is placed in the court's file in the
cause.

664.6. If parties to pending litigation stipulate, in a writing
signed by the parties outside the presence of the court or orally
before the court, for settlement of the case, or part thereof, the
court, upon motion, may enter judgment pursuant to the terms of the
settlement. If requested by the parties, the court may retain
jurisdiction over the parties to enforce the settlement until
performance in full of the terms of the settlement.

664.7. (a) Notwithstanding Section 664.6, if parties to a pending
construction defect action stipulate personally or, where a party's
contribution is paid on its behalf pursuant to a policy of insurance,
the parties stipulate through their respective counsel, in a writing
signed by the parties outside the presence of the court or orally
before the court, for settlement of the case, or part thereof, the
court, upon motion, may enter judgment pursuant to the terms of the
settlement. If requested by the parties, the court may retain
jurisdiction over the parties to enforce the settlement until
performance in full of the terms of the settlement.
(b) It is the intent of the Legislature that this section modify
the holding of Levy v. Superior Court (1995), 10 Cal. 4th 578,
regarding the authority of counsel in a construction defect action to
bind a party to a settlement.
(c) For purposes of this section, "construction defect action"
shall mean any civil action that seeks monetary recovery against a
developer, builder, design professional, general contractor, material
supplier, or subcontractor of any residential dwelling based upon a
claim for alleged defects in the design or construction of the
residential dwelling unit.

665. When the case is reserved for argument or further
consideration, as mentioned in the last section, it may be brought by
either party before the Court for argument.

666. If a claim asserted in a cross-complaint is established at the
trial and the amount so established exceeds the demand established
by the party against whom the cross-complaint is asserted, judgment
for the party asserting the cross-complaint must be given for the
excess; or if it appears that the party asserting the cross-complaint
is entitled to any other affirmative relief, judgment must be given
accordingly.
When the amount found due to either party exceeds the sum for
which the court is authorized to enter judgment, such party may remit
the excess, and judgment may be rendered for the residue.

667. In an action to recover the possession of personal property,
judgment for the plaintiff may be for the possession or the value
thereof, in case a delivery cannot be had, and damages for the
detention. If the property has been delivered to the plaintiff, and
the defendant claim a return thereof judgment for the defendant may
be for a return of the property or the value thereof, in case a
return cannot be had, and damages for taking and withholding the
same.

667.7. (a) In any action for injury or damages against a provider
of health care services, a superior court shall, at the request of
either party, enter a judgment ordering that money damages or its
equivalent for future damages of the judgment creditor be paid in
whole or in part by periodic payments rather than by a lump-sum
payment if the award equals or exceeds fifty thousand dollars
($50,000) in future damages. In entering a judgment ordering the
payment of future damages by periodic payments, the court shall make
a specific finding as to the dollar amount of periodic payments which
will compensate the judgment creditor for such future damages. As a
condition to authorizing periodic payments of future damages, the
court shall require the judgment debtor who is not adequately insured
to post security adequate to assure full payment of such damages
awarded by the judgment. Upon termination of periodic payments of
future damages, the court shall order the return of this security, or
so much as remains, to the judgment debtor.
(b) (1) The judgment ordering the payment of future damages by
periodic payments shall specify the recipient or recipients of the
payments, the dollar amount of the payments, the interval between
payments, and the number of payments or the period of time over which
payments shall be made. Such payments shall only be subject to
modification in the event of the death of the judgment creditor.
(2) In the event that the court finds that the judgment debtor has
exhibited a continuing pattern of failing to make the payments, as
specified in paragraph (1), the court shall find the judgment debtor
in contempt of court and, in addition to the required periodic
payments, shall order the judgment debtor to pay the judgment
creditor all damages caused by the failure to make such periodic
payments, including court costs and attorney's fees.
(c) However, money damages awarded for loss of future earnings
shall not be reduced or payments terminated by reason of the death of
the judgment creditor, but shall be paid to persons to whom the
judgment creditor owed a duty of support, as provided by law,
immediately prior to his death. In such cases the court which
rendered the original judgment, may, upon petition of any party in
interest, modify the judgment to award and apportion the unpaid
future damages in accordance with this subdivision.
(d) Following the occurrence or expiration of all obligations
specified in the periodic payment judgment, any obligation of the
judgment debtor to make further payments shall cease and any security
given, pursuant to subdivision (a) shall revert to the judgment
debtor.
(e) As used in this section:
(1) "Future damages" includes damages for future medical
treatment, care or custody, loss of future earnings, loss of bodily
function, or future pain and suffering of the judgment creditor.
(2) "Periodic payments" means the payment of money or delivery of
other property to the judgment creditor at regular intervals.
(3) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act, or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code; and any clinic, health dispensary, or
health facility, licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code. "Health care provider"
includes the legal representatives of a health care provider.
(4) "Professional negligence" means a negligent act or omission to
act by a health care provider in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death, provided that such services are within the
scope of services for which the provider is licensed and which are
not within any restriction imposed by the licensing agency or
licensed hospital.
(f) It is the intent of the Legislature in enacting this section
to authorize the entry of judgments in malpractice actions against
health care providers which provide for the payment of future damages
through periodic payments rather than lump-sum payments. By
authorizing periodic payment judgments, it is the further intent of
the Legislature that the courts will utilize such judgments to
provide compensation sufficient to meet the needs of an injured
plaintiff and those persons who are dependent on the plaintiff for
whatever period is necessary while eliminating the potential windfall
from a lump-sum recovery which was intended to provide for the care
of an injured plaintiff over an extended period who then dies shortly
after the judgment is paid, leaving the balance of the judgment
award to persons and purposes for which it was not intended. It is
also the intent of the Legislature that all elements of the periodic
payment program be specified with certainty in the judgment ordering
such payments and that the judgment not be subject to modification at
some future time which might alter the specifications of the
original judgment.

668. Except as provided in Section 668.5, the clerk of the superior
court, must keep, with the records of the court, a book called the
"judgment book," in which judgments must be entered.

668.5. In those counties where the clerk of the court places
individual judgments in the file of actions and either a microfilm
copy of the individual judgment is made, or the judgment is entered
in the register of actions, or into the court's electronic
data-processing system, prior to placement of the judgment in the
file of actions, the clerk shall not be required to enter judgments
in a judgment book, and the date of filing the judgment with the
clerk shall constitute the date of its entry.

669. If a party dies after trial and submission of the case to a
judge sitting without a jury for decision or after a verdict upon any
issue of fact, and before judgment, the court may nevertheless
render judgment thereon.

670. In superior courts the following papers, without being
attached together, shall constitute the judgment roll:
(a) In case the complaint is not answered by any defendant, the
summons, with the affidavit or proof of service; the complaint; the
request for entry of default with a memorandum indorsed thereon that
the default of the defendant in not answering was entered, and a copy
of the judgment; if defendant has appeared by demurrer, and the
demurrer has been overruled, then notice of the overruling thereof
served on defendant's attorney, together with proof of the service;
and in case the service so made is by publication, the affidavit for
publication of summons, and the order directing the publication of
summons.
(b) In all other cases, the pleadings, all orders striking out any
pleading in whole or in part, a copy of the verdict of the jury, the
statement of decision of the court, or finding of the referee, and a
copy of any order made on demurrer, or relating to a change of
parties, and a copy of the judgment; if there are two or more
defendants in the action, and any one of them has allowed judgment to
pass against him or her by default, the summons, with proof of its
service, on the defendant, and if the service on the defaulting
defendant be by publication, then the affidavit for publication, and
the order directing the publication of the summons.

673. (a) An assignee of a right represented by a judgment may
become an assignee of record by filing with the clerk of the court
which entered the judgment an acknowledgment of assignment of
judgment.
(b) An acknowledgment of assignment of judgment shall contain all
of the following:
(1) The title of the court where the judgment is entered and the
cause and number of the action.
(2) The date of entry of the judgment and of any renewals of the
judgment and where entered in the records of the court.
(3) The name and address of the judgment creditor and name and
last known address of the judgment debtor.
(4) A statement describing the right represented by the judgment
that is assigned to the assignee.
(5) The name and address of the assignee.
(c) The acknowledgment of assignment of judgment shall be:
(1) Made in the manner of an acknowledgment of a conveyance of
real property.
(2) Executed and acknowledged by the judgment creditor or by the
prior assignee of record if there is one.
(d) This section is in addition to, and does not limit or
restrict, any other means by which an assignee may become an assignee
of record.

674. (a) Except as otherwise provided in Section 4506 of the Family
Code, an abstract of a judgment or decree requiring the payment of
money shall be certified by the clerk of the court where the judgment
or decree was entered and shall contain all of the following:
(1) The title of the court where the judgment or decree is entered
and cause and number of the action.
(2) The date of entry of the judgment or decree and of any
renewals of the judgment or decree and where entered in the records
of the court.
(3) The name and last known address of the judgment debtor and the
address at which the summons was either personally served or mailed
to the judgment debtor or the judgment debtor's attorney of record.
(4) The name and address of the judgment creditor.
(5) The amount of the judgment or decree as entered or as last
renewed.
(6) The last four digits of the social security number and driver'
s license number of the judgment debtor if they are known to the
judgment creditor. If either or both of those sets of numbers are not
known to the judgment creditor, that fact shall be indicated on the
abstract of judgment.
(7) Whether a stay of enforcement has been ordered by the court
and, if so, the date the stay ends.
(8) The date of issuance of the abstract.
(b) An abstract of judgment, recorded after January 1, 1979, that
does not list the social security number and driver's license number
of the judgment debtor, or either of them, as required by subdivision
(a) or by Section 4506 of the Family Code, may be amended by the
recording of a document entitled "Amendment to Abstract of Judgment."
The Amendment to Abstract of Judgment shall contain all of the
information required by this section or by Section 4506 of the Family
Code, and shall set forth the date of recording and the book and
page location in the records of the county recorder of the original
abstract of judgment.
A recorded Amendment to Abstract of Judgment shall have priority
as of the date of recordation of the original abstract of judgment,
except as to any purchaser, encumbrancer, or lessee who obtained
their interest after the recordation of the original abstract of
judgment but prior to the recordation of the Amendment to Abstract of
Judgment without actual notice of the original abstract of judgment.
The purchaser, encumbrancer, or lessee without actual notice may
assert as a defense against enforcement of the abstract of judgment
the failure to comply with this section or Section 4506 of the Family
Code regarding the contents of the original abstract of judgment
notwithstanding the subsequent recordation of an Amendment to
Abstract of Judgment. With respect to an abstract of judgment
recorded between January 1, 1979, and July 10, 1985, the defense
against enforcement for failure to comply with this section or
Section 4506 of the Family Code may not be asserted by the holder of
another abstract of judgment or involuntary lien, recorded without
actual notice of the prior abstract, unless refusal to allow the
defense would result in prejudice and substantial injury as used in
Section 475. The recordation of an Amendment to Abstract of Judgment
does not extend or otherwise alter the computation of time as
provided in Section 697.310.
(c) (1) The abstract of judgment shall be certified in the name of
the judgment debtor as listed on the judgment and may also include
the additional name or names by which the judgment debtor is known as
set forth in the affidavit of identity, as defined in Section
680.135, filed by the judgment creditor with the application for
issuance of the abstract of judgment. Prior to the clerk of the court
certifying an abstract of judgment containing any additional name or
names by which the judgment debtor is known that are not listed on
the judgment, the court shall approve the affidavit of identity. If
the court determines, without a hearing or a notice, that the
affidavit of identity states sufficient facts upon which the judgment
creditor has identified the additional names of the judgment debtor,
the court shall authorize the certification of the abstract of
judgment with the additional name or names.
(2) The remedies provided in Section 697.410 apply to a recorded
abstract of a money judgment based upon an affidavit of identity that
appears to create a judgment lien on real property of a person who
is not the judgment debtor.