California Code of Civil Procedure

A Guide to Statutory California Settlement Offers (Code of Civil Procedure Section 998)

Published on: March 20, 2024 | By Underwood Law Firm, P.C.

underwood-guide-statutory-settlement-offers-300x300 California Code of Civil Procedure section 998 encourages parties involved in legal disputes to settle prior to trial. According to this law, either party can present a written settlement offer to the other party up to ten days before the trial begins. (CCP § 998(b).)

If the plaintiff declines a timely offer from the defendant and subsequently receives a judgment at trial that isn’t more favorable than the defendant’s offer, the plaintiff must “pay the defendant’s costs from the time of the offer.” (CCP § 998(c)(1).) Moreover, in many civil cases, the court may also require the plaintiff to pay a reasonable amount of the defendant’s expert witness expenses incurred after the offer was presented.

Likewise, if the defendant rejects the plaintiff’s timely offer and later gets a judgment at trial that isn’t more advantageous than what the plaintiff offered, the court has the authority to require the defendant to pay the plaintiff a reasonable portion of their costs related to expert witnesses incurred after the offer was made. (CCP § 998(d).)

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Equity as a Settlement Offer (Code of Civil Procedure § 998)

Published on: January 12, 2024 | By Underwood Law Firm, P.C.

underwood-equity-settlement-offer-300x300 California Code of Civil Procedure section 998 incentivizes parties in litigation to settle their disputes before trial. The statute provides that up to ten days before trial, either party may submit a written offer to the other to settle the case under specified terms. (CCP § 998(b).)

If the plaintiff rejects the defendant’s timely offer and, after trial, receives a judgment not more favorable than the one offered by the defendant, then the plaintiff must “pay the defendant’s costs from the time of the offer.” (CCP § 998(c)(1).) In most civil actions, the court also has the discretion to force the plaintiff to cover a “reasonable sum” of the defendant’s costs of using expert witnesses incurred after the offer was made.

When a defendant rejects the plaintiff’s timely offer and later receives a judgment at trial that is not more favorable than what the plaintiff offered, the court has the discretion to force the defendant to cover a “reasonable sum” of the plaintiff’s costs of using expert witnesses incurred after the offer was made. (CCP § 998(d).)

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The Complete Guide to the Partition of Real Property Act (Part 2)

Published on: November 10, 2023 | By Underwood Law Firm, P.C.

When does the Partition of Real Property Act apply (CCP § 874.313)?

underwood-partition-real-property-guide-part-2-300x300 As noted previously, the Partition of Real Property Act applies to real property held in tenancy in common where there is no agreement in a record binding all the co-owners related to partition. (CCP § 874.311.) But does that mean its provisions are mandatory in such situations? Case law and legislative history suggest the answer to that question is “yes.”

For one, the Code states that the property “shall” be partitioned under the Partition of Real Property Act unless all of the cotenants (including the defendants to the action) otherwise agree. (CCP § 874.313.) This mirrors the Uniform Partition of Heirs Property Act, which provides that if the property is heirs property, “the property must be partitioned under this act unless all of the cotenants otherwise agree in a record.”

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What Is The Statute of Limitations On a Quiet Title Action? (CCP § 338)

Published on: September 6, 2023 | By Underwood Law Firm, P.C.

underwood-quiet-title-action-statute-limitations-300x300 The Legislature has not established a specific statute of limitations for actions to quiet title. (Salazar v. Thomas (2015) 236 Cal.App.4th 467, 476.) Instead, the statute of limitations is based on the underlying theory of relief for the action. (Id.) For example, if the underlying theory is relief for trespass or injury to real property, then the applicable statute of limitations would be three years. (Code of Civil Procedure § 338.)

Generally, for most legal claims, there is a time period called the statute of limitations where a plaintiff could sue under that claim. The statute of limitations provides for a certain amount of time, which varies depending on the claim, during which the party must bring forth the lawsuit. If a party sues after the statute of limitations has passed, then the legal claim is barred, and the lawsuit cannot proceed.

Statute of limitations are an essential aspect of litigation that parties must know. One point of contention for any statute of limitations is when the clock starts running for the statute of limitations. This can be difficult to figure out, especially for real property related claims.

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Code of Civil Procedure (CCP) Section 872.250—Lis Pendens

Published on: August 11, 2023 | By Underwood Law Firm, P.C.

underwood-code-lis-pendens-300x300 The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.250 outlines the procedure for a plaintiff seeking a partition of real property to record a lis pendens with the county office. A lis pendens gives notice to any future persons who may acquire an interest in the property that there is a pending lawsuit on the real property which could affect the real property’s title. This statute is important because a lis pendens could have consequences in future transactions involving the affected real property.

Code of Civil Procedure section 872.250 states:

(a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located.

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Code of Civil Procedure (CCP) Section 872.240—Joinder of Property

Published on: August 2, 2023 | By Underwood Law Firm, P.C.

underwood-ccp-joinder-property-300x300 The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.240 allows for personal property to be partitioned with real property. The purpose of Section 872.240 is to give parties an avenue to partition their personal property alongside their real property if they want to.

Code of Civil Procedure section 872.240 states

Real and personal property may be partitioned in one action.

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Code of Civil Procedure (CCP) Section 872.230—Partition Complaint

Published on: July 28, 2023 | By Underwood Law Firm, P.C.

underwood-ccp-partition-complaint-300x300 The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.230 outlines the necessary information a plaintiff must have in their complaint. The point of the statute is for plaintiffs to file a proper complaint with all of the content required to initiate a partition lawsuit. If the party files an improper complaint, the court could dismiss the case at the outset.

Code of Civil Procedure section 872.230 states

The complaint shall set forth:

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Code of Civil Procedure (CCP) Section 872.210—Persons Authorized to Bring Partition Actions

Published on: July 12, 2023 | By Underwood Law Firm, P.C.

underwood-persons-auth-partition-actions-300x300 California Code of Civil Procedure section 872.210 defines the persons who are authorized to commence an action of partition. The section broadens the people who may attempt to bring a partition, while retaining a limitation on property held in community or quasi-community interest.

Code of Civil Procedure section 872.210 states

A partition action may be commenced and maintained by any of the following persons:

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Code of Civil Procedure (CCP) Section 872.140—Compensatory Adjustment

Published on: July 7, 2023 | By Underwood Law Firm, P.C.

underwood-blog-compensatory-adjustment-300x300 The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Within the Partition Statute, section 872.140 clarifies the court’s power to make equitable compensatory adjustments.

Code of Civil Procedure section 872.140 states

The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.

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Code of Civil Procedure (CCP) § 872.120 General Authority to Hear Motions and Make Orders and Decrees

Published on: June 23, 2023 | By Underwood Law Firm, P.C.

6232023-300x300 California Code of Civil Procedure section 872.120 grants the court continuing jurisdiction to hear all motions and issue any necessary decrees in order to fulfill the purpose of the partition title, which aims to provide the court with broad statutory authority.

Code of Civil Procedure section 872.120 states

In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders. “Action” means an action for partition under this title.

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