ORDER-Cont'd
Escheated estate, of sale, § 1271 Estates of missing persons, sale of property, court order, § 1822c
Final, effect of, § 1908 Inspection of documents, § 1000 Nunc pro tunc, filing under, in proceedings to establish title, records burned, § 1046a Payment of money, § 1007 Review, how, § 936
Sale of property, estate of missing person, § 1822c
OUSTER. See Ejectment OWNERSHIP
Presumption of, generally, § 1963 Certificate of purchase, primary
evidence of, § 1925
PAPERS. See Affidavit; Certificate; Filing; Notice; Service; Summons; Writings
Defective, may be valid, § 1046 How served, §§ 1010-1011 Inspection of by party, § 1000 Lost; how supplied, § 1045 Lost or destroyed records, etc.,
Notices, in service of, § 1010 Prima facie evidence, § 2087 Service of, §§ 1010-1019 PARENT AND CHILD. See Infant; Minor
Change of name by infant, who
to make application, § 1276 Father or mother may sue for
injury or death of child, § 376 Father or mother may sue for
seduction of daughter, § 375 Service of summons on parent
in action against child, § 411 PAROLE EVIDENCE. See Evidence
Agreement reduced to writing
deemed the whole, § 1856 Custom of, to explain character of contract, § 1870
Evidence, what is, § 1834 PARTICULARS
Bill of, § 454 PARTICULAR CASES
Evidence in, §§ 2074-2079
PARTIES. See Actions; Complaints; Party
Actions, against joint debtors, §§ 989-994
Actions, to; how designated, § 308 Actions, to, married woman may
Action must be in name of real party in interest except, § 367 Adding, §§ 389, 473 Adverse claim, § 738 Amendment, changing, § 473 Bringing in new, §§ 389, 473 Contempt by, § 1209 Costs to, § 1021
Deemed the same, when, § 1910 Defendants, where part only
served, § 414
Defined, § 308
Ejectment, in, summons to unknown, §§ 750, 751 Escheated estate, appearance of, § 1271
Estopped, who are, §§ 1908, 1910 Examination of adverse party,
Excluded from courtroom, party cannot be, § 2043 Fictitious name, § 474
Forcible entry and detainer, §§ 1164, 1165
Generally, in unlawful detainer,
Having no interest, § 379b Joint contract on, how
summoned, §§ 989-991 Judgment against one, action to proceed against others, § 579 Judgment for or against, § 578 Manner of service on,
May demand inspection and copy of writing, § 1000 Misjoinder, demurrer for, § 430 Mortgages, in action to redeem, § 346
Names of, in complaint, § 426 Not summoned in action on joint
contract may be summoned after judgment, § 989 Parties to civil actions, §§ 367-
PARTIES-Cont'd
Parties to civil actions - Cont'd
abatement of actions, § 385 action to be in name of party in
associates may be sued by name of association, § 388 children, action for injury to, § 376
court may order amended
pleadings, when, § 389 death, action for causing, etc., § 377
defendants, actions for real
property, § 380
doubt as to whether defendant
liable, § 379c
defendant in action upon
contract or specific personal property may have another person substituted; conflicting claims, how made, § 386
defendants, who may be joined as, § 379
defendant, who may join as, § 379a
executor, trustee, etc., may sue without joining the persons beneficially interested, § 369
father, etc., may sue for seduction of daughter, § 375
guardian, how appointed, § 373 infant, etc., appearance of by guardian; may compromise, § 372
intervention, when and how
married women as parties to
actions, § 370
order preventing
embarrassment, § 379b
parties holding under common title, § 381
parties in interest, when to be joined; when one or more
may sue or defend for the whole, § 382 persons severally liable as
sureties may join as plaintiffs in action, § 383
PARTIES-Cont'd
Parties to civil actions - Cont'd plaintiff, who may be joined as, § 378
seduction, unmarried female
may sue for her own, § 374 tenants in common, etc., may sever in bringing or defending actions, § 384 thing; assignment of in action not to prejudice defense, § 368
wife may defend, when, § 371 Partition, action on must show interests of all, § 753 Partition; expenses of, how shared, § 768
Partition; see Partition. Quieting title, §§ 346, 738 Receiver, consent by for
investment of funds in hands of, § 569 Rights of determined by judgment, § 577
Where deemed the same, § 1910 Who may be joined, §§ 379a, 379c Writings, possession by adverse
party, notice to produce,
Actions for partition - Cont'd court must protect tenants unknown, § 780 duties of the Director of
Administration in making investments, § 791 estate of life or years may be set off in a part of the property not sold, when not all sold, § 770 expenses of partition must be apportioned among the parties, § 768
interests of all parties must be set forth in the complaint, § 753 investment must be made in
the name of the Director of Administration, § 789 judgment not to affect tenants for years to the whole property, § 767
lien holders not of record need
not be made parties, § 754 partial partition, § 760 partition must be according to rights of parties; sale of undivided interests; allotment of shares to each party, § 764
party holding other securities may be required first to exhaust them, § 772 plaintiff must file notice of lis pendens, § 755 proceeding if a lien holder
becomes a purchaser, § 786 proceeds of sale belonging to parties unknown must be invested for their benefit, § 788 proceeds of sale, disposition of, § 773
referees may take securities for purchase money, § 777 referees to execute conveyances, $ 785
referees must report sale to
court; court may vacate sale, § 784
referee's sales may be public or private, § 775
PARTITION - Cont'd Actions for partition - Cont'd report of referees, § 765 right of all parties may be
put in issue, § 759 securing value of contingent future rights or estates or life estates, § 781 summons, to whom directed, § 756
tenants whose estate has been sold shall receive
compensation, § 778 terms of sale must be made known at the time; lots must be sold separately, § 782
the guardian of an insane
person may receive the proceeds of such party's interest, § 794
the share of an infant may be paid to his guardian, § 793
unknown parties may be served by publication, § 757
when proceeds of sale are paid
into court, § 774 when the interests of the
parties are ascertained, securities must be taken in their names, § 790 when unequal partition is
ordered, compensation may be adjudged in certain cases, § 792
who may bring actions for partition, § 752
who may not be purchasers, § 783 Appeal, from order for,
Dismissal of action, § 581a Enforced judgment, § 686 Estates; see Probate Code. Tenant for years not affected by judgment, when, § 767 PARTNERSHIPS. See Civil Code Acts or declarations of partner
as evidence, § 1870 Presumption of, § 1963 Receiver for, § 564
PARTNERSHIPS - Cont'd
Referee, partner cannot be, § 641 Suit, firm name, § 388 PART PERFORMANCE Power to direct specific performance, § 1972
PARTY. See Parties. Adverse, examination by of witness, § 2055 Adverse, notice to of deposition to be taken, § 2031 Aggrieved, may appeal when, § 938
Claiming property in execution, undertaking by, § 710a Death of in action for partition, § 763a
Deposition may be used by
either party, § 2028
Either party may read deposition, except, § 2022
Evidence, to be produced by
Execution, when may issue against property of, after death of, § 686 Injunction, obtaining order, what must do, § 527 Judgment, may be against one party and action proceed as to others, § 579
Judgment may be for or against, § 578
May answer under oath, in writ
of mandate, § 1089 May inspect writings, etc., § 1000 Partition, allotment of shares to
Prevailing party on appeal, entitled to costs, except, § 1027
Refusing inventory memorandum
in attachment, may pay costs, § 546
Suing a party by fictitious name;
when allowed, § 474
Third party; claims for execution against property, § 689
PAYMENT. See Receipt
Debts of estate; see Probate Code Offer of, when equivalent to, § 2074
Presumption of, § 1963
PAYMENT-Cont'd
Receipt to be given for, § 2075 Tender of, what, §§ 2074, 2076 PEDIGREE
Declaration of decedent, evidence of, § 1852
What admissible as evidence of, § 1870
PENALTY. See Contempt;
Damages; Fine; Judgment Arrest in action for, § 479 Contempt, for, § 1218 Disobedience to subpoena,
Execution sale, taking down notice of, § 693
Liability of marshal, § 682 Limitation of action on, §§ 338, 340
Mandamus, disobedience to, § 1097
Refusing to obey writ of mandate, § 1097
Selling property under execution without notice, § 693 Witness disobeying subpoena,
Writ of mandate, disobedience to, § 1097
PENDENCY OF ACTION As ground of demurrer, § 430 Code, effect of, § 8
Notice of, affecting title, § 409 When action deemed pending, § 1049 PENSIONS
Exemption from execution, § 690 PERFORMANCE. See Obligation Agreement for, must be in writing, § 1973
Of condition precedent, how pleaded, § 457, 459 Time of, of act, extension of, § 1054
PERISHABLE. See Execution; Property
Perishable property under attachment, how sold, §§ 547, 548, 692
PERJURY. See Witness Number of witnesses to prove,
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