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California Procedure (4th), Actions
I. INTRODUCTION
A. Judicial Remedies.
1. [§1] Judicial and Legislative Acts Distinguished.
2. [§2] Nature of Judicial Remedy.
3. Judicial Remedy Where None Prescribed by Statute.
(a) [§3] Statutory Declarations.
(b) [§4] Obligation May Be Enforced.
(c) [§5] Remedy for Every Wrong.
(d) [§6] Court May Devise Procedure.
4. Statutory Remedy Exclusive.
(a) [§7] General Rule.
(b) Exceptions: Where Other Remedies Allowed.
(1) [§8] Preexisting Right.
(2) [§9] Statutory Remedy Inadequate.
(3) [§10] Quia Timet Relief.
B. Actions and Special Proceedings.
1. Nature of Action.
(a) [§11] Definition and Distinctions.
(b) [§12] Classification of Actions.
2. Nature of Special Proceeding.
(a) [§13] Distinguished From Action.
(b) [§14] Statutory Classes.
(c) Similarities and Differences in Procedure.
(1) [§15] General Policy of Uniformity.
(2) [§16] Principal Differences.
C. Civil, Criminal, and Quasi‑Criminal Proceedings.
1. [§17] Civil and Criminal Actions.
2. [§18] Contempt.
3. [§19] Forfeiture Proceedings.
4. [§20] Escheat Proceedings.
5. [§21] Juvenile Court Proceedings.
6. Habeas Corpus.
(a) [§22] In General.
(b) [§23] Distinction: Collateral Attack on Judgment in Adoption Case.
7. [§24] Coram Nobis.
8. [§25] Mandamus.
9. [§26] Peace Bond Proceeding.
10. [§27] Administrative Disciplinary Proceedings.
D. Civil Commitment and Related Proceedings.
1. [§28] Trial of Present Competence of Defendant.
2. Commitment Under Lanterman‑Petris‑Short Act.
(a) Mentally Disordered Person.
(1) [§29] Nature of Act.
(2) [§30] Detention for Observation and Evaluation.
(3) [§31] Certification for Intensive Treatment.
(4) [§32] Right to Counsel and Habeas Corpus.
(5) [§33] Postcertification Commitment.
(6) [§34] Antipsychotic Medication.
(7) [§35] Civil Rights of Patient.
(8) [§36] Constitutional Rights of Patient.
(b) [§37] Alcoholic.
(c) [§38] User of Controlled Substance.
3. [§39] Commitment Under Children's Civil Commitment and Mental Health Treatment Act.
4. Judicial Commitments.
(a) [§40] Narcotic Addict.
(b) Mentally Retarded Person.
(1) [§41] In General.
(2) [§42] Procedure.
(3) [§43] Civil Rights of Patient.
(c) [§44] Juvenile Court Ward.
(d) [§45] Sexually Violent Predator.
5. Conservatorship of Gravely Disabled Person.
(a) [§46] In General.
(b) [§47] Factors That Preclude Finding of "Gravely Disabled."
(c) [§48] Constitutionality of "Gravely Disabled" Classification.
(d) Procedure.
(1) [§49] In General.
(2) [§50] Investigation and Report.
(3) [§51] Hearing.
(4) [§52] Representation by Counsel.
(5) [§53] Right to Jury Trial.
(6) [§54] Habeas Corpus.
(7) [§55] Physical Restraint of Conservatee.
(8) Standard of Proof.
(aa) [§56] General Rule: Beyond Reasonable Doubt.
(bb) [§57] Exceptions: Preponderance of Evidence.
(9) [§58] Exclusionary Rule Inapplicable.
(10) [§59] Appeal.
(e) [§60] Powers and Duties of Conservator.
6. Protection of Developmentally Disabled or Mentally Ill Persons.
(a) [§61] In General.
(b) [§62] Protection and Advocacy Agency.
(c) [§63] Immunity of Agency and Employees.
7. (New) Protection of Endangered Adults.
(a) [§63A] (New) Nature of Act.
(b) [§63B] (New) Procedure.
E. Survival or Abatement of Actions.
1. Survival After Death of Plaintiff or Defendant.
(a) [§64] Nature of Topic.
(b) [§65] Former Law: Survivable Claims.
(c) [§66] Former Law: Nonsurvivable Claims.
(d) [§67] Current Rule of Survivability.
(e) Limitations on Recovery.
(1) [§68] Statutory Rule and Exceptions.
(2) [§69] Illustration.
2. [§70] Abatement of Family Law Actions.
3 . Abatement by Statutory Repeal.
(a) [§71] Repeal of Jurisdictional Statute.
(b) [§72] Repeal of Statute Creating Cause of Action.
F. Necessity of Justiciable Controversy.
1. In General.
(a) [§73] General Principles.
(b) [§74] Illustration: Standing and Ripeness.
2. No Actual Controversy.
(a) [§75] In General.
(b) [§76] Challenge to Administrative Regulations.
(c) Distinctions and Exceptions.
(1) [§77] Friendly Suit.
(2) [§78] Declaratory Relief and Agreed Case.
(3) [§79] Public Interest in Question.
(4) [§80] Hardship to Parties.
(5) [§81] Concealment Not Bar to Determination.
3. Moot Case.
(a) [§82] What Constitutes Moot Case.
(b) Distinctions and Exceptions.
(1) [§83] Substantial Issue Remaining.
(2) [§84] Public Interest in Question.
(3) [§85] Moot Case on Appeal.
(4) [§86] Mootness Not Jurisdictional.
4. Political Controversies.
(a) [§87] General Rule.
(b) [§88] Act of State Doctrine.
5. Ecclesiastical Controversies.
(a) [§89] Church Policy: Jurisdiction Declined.
(b) [§90] Common Law Torts in Performance of Church Functions.
(c) [§91] Determination of Civil or Property Rights.
G. Conflict of Laws.
1. [§92] Nature of Conflict of Laws Doctrines.
2. [§93] Second Restatement.
3. [§94] Governmental Interest Approach.
4. [§95] Distinction Between Substance and Procedure.
5. [§96] Procedural Matters.
6. Substantive Matters in Procedural Form.
(a) [§97] Parol Evidence Rule.
(b) [§98] Statute of Frauds.
(c) Measure of Damages.
(1) [§99] In General.
(2) [§100] Limitation on Amount Recoverable.
(d) [§101] Direct‑Action Statute.
7. [§102] Survival or Abatement.
8. Statute of Limitations.
(a) General Rule: Law of Forum Governs.
(1) [§103] Traditional Substance‑Procedure Approach.
(2) [§104] Modern Approach.
(3) [§105] Constitutionality of Rule.
(b) Exceptions.
(1) [§106] The "Borrowing Statute."
(2) [§107] Limitation on Substantive Right.
(3) Limitation in Federal Statute.
(aa) [§108] Federal Statute Without Express Limitation.
(bb) [§109] Federal Statute With Express Limitation.
(4) [§110] Action on Revived Judgment.
(5) [§111] Limitation Shortened by Contract.
II. FORMS OF ACTION
A. [§112] Present Importance of Distinctions.
B. Legal and Equitable Actions.
1. [§113] Distinction.
2. Tests.
(a) [§114] Historical Basis of Right.
(b) [§115] Nature of Relief Sought.
(c) [§116] Defendant's Pleading.
(d) Matters Not Controlling.
(1) [§117] Label or Designation.
(2) [§118] Cause of Action or Governing Principles.
(3) [§119] Prayer.
3. Equitable Actions.
(a) [§120] Actions Arising Out of Contract.
(b) [§121] Actions Arising Out of Tort: Injunctions.
(c) [§122] Action Involving Trust, Mortgage, Equitable Lien, or Charge.
(d) [§123] Miscellaneous Actions.
4. [§124] Legal Action for Restitution.
5. Actions Based on Fraud.
(a) [§125] Legal Relief Sought.
(b) [§126] Equitable Relief Sought.
6. Actions To Quiet Title.
(a) [§127] Nature of Problem.
(b) [§128] Basic Action Equitable.
(c) [§129] When Action Legal.
7. Actions Involving Both Legal and Equitable Issues.
(a) [§130] Plaintiff's Demand.
(b) [§131] Defendant's Demand.
(c) [§132] Damage Award Where Equitable Relief Unwarranted or Unobtainable.
(d) [§133] One Issue Incidental.
C. Contract and Tort Actions.
1. [§134] Distinction.
2. Contract Actions.
(a) [§135] Quasi‑Contract or Other Implied Obligation.
(b) [§136] Action on Judgment.
(c) [§137] Unlawful Detainer Proceeding.
3. [§138] Action To Enforce Statutory Liability.
4. Alternative Tort or Contract Actions.
(a) [§139] Nature of Problem.
(b) Election Allowed: Tort Actions.
(1) [§140] Breach of Legal Duty Arising Out of Contract.
(2) Breach of Contract as a Tort.
(aa) [§141] In General.
(bb) [§142] Insurer's Wrongful Failure To Settle.
(cc) [§143] Insurer's Wrongful Refusal To Pay.
(dd) Wrongful Discharge of Employee in Violation of Public Policy.
(i) [§144] Tameny Doctrine.
(ii) [§145] Limitations on Tameny Doctrine.
(ee) [§146] Breach of Warranty of Habitability.
(3) [§147] Strict Tort Liability of Manufacturer or Dealer.
(4) Fraud in Inducement of Contract.
(aa) [§148] Enforceable Contract.
(bb) [§149] Illegal Contract.
(cc) [§150] Contract in Violation of Statute of Frauds.
(5) [§151] Inducing Breach of Contract.
(c) Election Allowed: Contract and Quasi‑Contract Actions.
(1) [§152] Fraud in Inducement of Contract.
(2) Intentional Tort Violating Contract.
(aa) [§153] Conversion or Misappropriation.
(bb) [§154] Wrongful Eviction by Landlord.
(cc) [§155] Wrongful Expulsion of Union Member.
(dd) [§156] Insurer's Refusal To Settle.
(ee) [§157] Fraudulent Breach of Contract.
(3) Negligent Violation of Contract.
(aa) [§158] Election Allowed To Permit Recovery.
(bb) [§159] Election Allowed To Defeat Recovery.
(4) [§160] Waiver of Tort and Suit in Quasi‑ Contract.
(d) Denial of Contract Action for Negligence.
(1) [§161] Theory and Illustrations.
(2) [§162] Analysis and Criticism.
(e) Denial of Tort Action.
(1) [§163] False Promise in Unenforceable Contract.
(2) [§164] Wrongful Discharge of Employee.
(3) Bad Faith Denial That Contract Exists.
(aa) [§165] Former Rule Allowing Election.
(bb) [§166] Current Rule Denying Tort Action.
(4) [§166A] (New) Breach of Covenant of Good Faith and Fair Dealing.
5. Alternative Contract or Quasi‑Contract Actions.
(a) [§167] Contract Actions Against Same Person.
(b) [§168] Contract Actions Against Different Persons.
(c) [§169] Quasi‑Contract Actions.
6. Alternative Tort Actions.
(a) [§170] Torts to Property.
(b) [§171] Defamation, Disparagement, or Inducing Breach.
(c) [§172] Contributing Tortfeasors and Respondeat Superior.
(d) [§173] Action Under Federal Civil Rights Act.
III. ELECTION OF REMEDIES
A. In General.
1. [§174] Nature of Doctrine.
2. Modern Theory of Election of Rights.
(a) [§175] Criticism of Election of Remedies Doctrine.
(b) [§176] Required Election of Rights.
(c) [§177] Distinction: Restitution and Damages.
B. What Constitutes Election of Remedy.
1. Older View: Manifestation of Choice.
(a) [§178] Manifestation Without Suit.
(b) [§179] Manifestation by Suit.
2. [§180] Pursuing Claim to Judgment: Merger or Bar.
3. Modern View: Estoppel.
(a) [§181] Basis of Doctrine.
(b) Acts Amounting to Estoppel.
(1) [§182] Attachment.
(2) [§183] Claim and Delivery.
(3) [§184] Creditor's Claim Against Estate.
(4) [§185] Injunction.
C. Where Doctrine Is Inapplicable.
1. Where No Real Choice Existed.
(a) [§186] Only One Remedy Available at Time of Action.
(b) [§187] Plaintiff's Mistake: Choice of Wrong Remedy.
2. Where Alternative Remedies Not Actually Inconsistent.
(a) Remedies Consistent Under the Law.
(1) [§188] In General.
(2) [§189] Dual Remedies of Sale and Foreclosure.
(3) [§190] Action for Money and Action for Property.
(4) [§191] Two Actions for Property.
(5) [§192] Two Actions for Money.
(6) [§193] Miscellaneous Examples.
(b) [§194] Remedies Against Different Persons.
3. [§195] Where Defendant Not Actually Prejudiced: No Estoppel.
4. [§196] Statutory or Contractual Provisions.
D. [§197] Waiver of Defense.
IV. PRELIMINARY STEPS IN ACTIONS AND PROCEEDINGS
A. [§198] In General.
B. Substantive Conditions.
1. [§199] Demand.
2. [§200] Tender.
3. [§201] Notice of Rescission.
4. [§202] Notice of Dishonor.
5. [§203] Exhaustion of Security or Pursuit of Principal Debtor.
6. Certificate of Merit in Malpractice Action.
(a) [§204] Architects, Engineers, and Land Surveyors.
(b) [§205] Common Interest Development Contractors.
7. [§206] Recordation of Change in Ownership Agreement or Statement.
8. [§207] Order Allowing Conspiracy Action Against Attorney.
C. [§208] Steps Relating to Capacity of Parties.
D. [§209] Steps by Defendant.
V. NOTICE OF CLAIM OR REMEDY AGAINST ORDINARY DEFENDANT
A. [§210] Creditor's Action Against Estate.
B. [§211] Landlord's Proceeding Against Tenant.
C. Enforcement of Mechanic's Lien or Stop Notice.
1. [§212] Private Property: Mechanic's Lien.
2. [§213] Private Property: Stop Notice.
3. [§214] Public Property: Stop Notice.
4. [§215] Constitutionality of Statutes.
D. [§216] Action on Payment Bond for Work of Improvement.
E. [§217] Action for Breach of Warranty.
F. [§218] Malpractice Action Against Health Care Provider.
G. [§219] Miscellaneous Statutory Requirements.
H. Contractual Requirements.
1. [§220] Action Against Carrier or Warehouseman.
2. [§221] Action Against Insurer.
3. [§222] Other Contractual Requirements.
VI. NOTICE OF CLAIM AGAINST PUBLIC ENTITY
A. In General.
1. [§223] Nature and Purpose of Requirement.
2. [§224] Former Law.
3. [§225] Revised Law.
B. Scope of Requirement.
1. Local and State Entities.
(a) [§226] In General.
(b) [§227] Failure To Furnish Information.
2. Claims.
(a) Included Claims.
(1) [§228] Tort Claims.
(2) [§229] Other Claims for Money.
(3) [§230] Claims in Class Actions.
(b) Exceptions.
(1) [§231] In General.
(2) [§232] Claims by Public Employee for Fees, Salaries, or Expenses.
(3) [§233] Claims For Benefits Under Public Retirement or Pension System.
(4) [§234] Mechanic's Lien.
(5) [§235] Claims for Specific Recovery.
(6) Civil Rights Action.
(aa) [§236] General Rule.
(bb) [§237] Distinction: Where Relief Not Available in Title VII Action.
(7) [§238] FEHA Action.
(8) [§239] Cross‑Complaint in State's Action.
(9) [§239A] (New) Action on Judgment.
(10) [§239B] (New) Claims Seeking Performance of Mandatory Duty.
(c) [§240] Insurer's Reliance on Insured's Claim.
3. Public Employees.
(a) [§241] In General.
(b) [§242] Requirement of Claim Against Entity.
C. Content and Form of Claim.
1. [§243] Statutory Requisites.
2. [§244] Illustrations.
D. Time of Filing.
1. [§245] Statutory Provisions.
2. Time Runs From Accrual of Cause of Action.
(a) [§246] Statute of Limitations Rule Governs.
(b) Postponed Accrual and Tolling.
(1) [§247] In General.
(2) [§248] Tolling by Payment of Damages.
(3) [§249] Postponed Accrual for Subrogation Claim.
(c) Tort Defendant's Indemnity Claim.
(1) [§250] Former Rule of Postponed Accrual.
(2) [§251] Legislative Repudiation of Rule.
E. [§252] Manner of Presentation.
F. Action by Agency.
1. Local Agency.
(a) [§253] Allowance, Rejection, Partial Rejection, or Compromise.
(b) [§254] Time To Act.
(c) [§255] Notice of Action Taken.
2. [§256] State.
2A. [§256A] (New) Judicial Council.
3. [§257] Notice of Rejection of Late Claim.
G. Special Claims Procedures.
1. Local Agency.
(a) [§258] In General.
(b) [§259] Excepted Claims Governed by Local Procedures.
2. State.
(a) [§260] Procedures Established by Agreement.
(b) [§261] Payment by Controller or Authorized State Agency.
3. [§261A] (New) Judicial Council.
H. Defective Compliance: Judicially Developed Rules.
1. [§262] Early Rule of Strict Compliance.
2. Later Rule of Substantial Compliance.
(a) [§263] Nature and Scope of Rule.
(b) Illustrations.
(1) Agency, Department, or Officer.
(aa) [§264] Compliance Sufficient.
(bb) [§265] Compliance Insufficient.
(2) [§266] Place of Accident.
(3) [§267] Other Defects.
I. Defects of Form.
1. [§268] Amendment.
2. Waiver of Defects.
(a) [§269] Statutory Procedure.
(b) [§270] Illustrations: Defects Waived.
(c) [§271] Illustrations: Defects Not Waived.
J. Relief From Late Filing.
1. [§272] In General.
2. [§273] Minority.
3. Incapacity.
(a) [§274] Former Law.
(b) [§275] Current Law: Mandatory Relief on Application.
4. Mistake or Excusable Neglect.
(a) [§276] Theory of Relief.
(b) Illustrations of Relief Granted.
(1) [§277] Mistake of Law.
(2) [§278] Calendaring Mistake.
(3) [§279] Mistake as to Proper Defendant.
(4) [§280] Delay Due to Trauma.
(5) [§281] Failure To File Second Claim.
(c) [§282] Illustrations of Relief Denied.
5. Application to Agency.
(a) [§283] In General.
(b) [§284] Claim by Minor or Mentally Incapacitated Person.
(c) [§285] Action by Agency.
6. Petition to Superior Court.
(a) [§286] Statutory Requirement.
(b) [§287] Petition.
(c) [§288] Hearing and Determination.
(d) Suit After Relief Granted.
(1) [§289] Time and Statute of Limitations.
(2) [§290] Where Original Complaint on File.
(3) [§291] Where New Facts Not in Claim.
K. Estoppel.
1. [§292] Development of Doctrine.
2. [§293] Continuing Validity.
3. Complete Failure To File Excused.
(a) [§294] Former Law Rejecting Doctrine.
(b) [§295] Current Law Applying Doctrine.
VII. EXHAUSTION OF OTHER REMEDIES
A. [§296] In General.
B. Private or Contract Remedy.
1. Arbitration as Condition Precedent.
(a) [§297] General Rule.
(b) Waiver of Right.
(1) [§298] In General.
(2) [§299] Delay in Demanding Arbitration.
(3) [§300] No Waiver by Repudiation for Breach.
(4) [§301] No Waiver by Filing Suit.
(5) [§302] Distinction: Suit Filed Solely for Discovery.
2. Internal Remedy of Unincorporated Association.
(a) Exhaustion Requirement.
(1) [§303] In General.
(2) [§304] Tort Action for Damages.
(b) Exceptions.
(1) [§305] Internal Rules Violated.
(2) [§306] No Effective Remedy.
(3) [§307] Refusal To Allow Inspection of Records.
C. Administrative Remedy.
1. Exhaustion Requirement.
(a) [§308] In General.
(b) [§309] Clarifications and Distinctions.
(c) [§310] Primary Jurisdiction Doctrine Compared.
(d) [§311] Tax Proceedings.
(e) [§312] Actions Raising Constitutional Issues.
(f) [§313] Claim of Exemption From Coastal Zone Regulations.
2. Exceptions.
(a) No Effective Remedy.
(1) [§314] In General.
(2) [§315] Distinctions.
(b) Agency Without Jurisdiction.
(1) [§316] In General.
(2) [§317] Distinction: Agency's Reasonable Claim of Jurisdiction.
(c) [§318] Agency Decision Known.
(d) [§319] Irreparable Injury.
(e) [§320] Alternative Remedy.
(f) [§321] Constitutional Challenge of Agency.
(g) [§322] Public Rights Involved.
(h) [§323] Civil Rights Actions.
D. [§324] Judicial Remedy.
VIII. SECURITY FOR COSTS
A. Former Law and Revision.
1. [§325] Former Statutes.
2. [§326] Unconstitutionality of Former Statutes.
3. [§327] Statutory Revision.
B. Nonresident or Foreign Corporation Plaintiff.
1. Nature and Scope of Requirement.
(a) [§328] In General.
(b) [§329] Actual Residence.
(c) [§329A] (New) Cross-Complainant Need Not Post Security.
2. [§330] Motion and Stay.
3. [§331] Hearing, Determination, and Undertaking.
C. [§332] Actions Against Architect, Engineer, or Other Related Professionals.
D. [§333] Actions Against Doctor, or Other Related Professionals.
E. [§334] Action Challenging Construction Project.
F. Shareholder's Derivative Suit.
1. [§335] Nature and Scope of Requirement.
2. [§336] Inapplicable to Personal Action.
3. [§337] Motion and Order.
4. [§338] Security.
G. Vexatious Litigant In Pro. Per.
1. [§339] In General.
2. [§340] Definition of Vexatious Litigant.
3. Procedure.
(a) [§341] Motion and Grounds.
(b) [§342] Hearing, Determination, and Security.
(c) [§343] Order Prohibiting Filing of New Litigation.
IX. LIS PENDENS
A. In General.
1. [§344] Nature and Purpose.
2. [§345] Former Law.
3. [§346] 1992 Revision.
4. [§347] Definitions.
B. Availability of Lis Pendens Procedure.
1. [§348] In General.
2. [§349] Real Property Claim.
3. [§350] Federal District Court Action.
4. [§351] Condemnation Action.
5. [§352] Family Law Proceeding.
6. [§353] Specific Permissive Statutes.
7. [§354] Mandatory Requirement.
C. Procedure.
1. [§355] Form of Notice.
2. [§356] Signature of Attorney or Approval of Court.
3. [§357] Service and Filing.
4. [§358] Recordation.
5. [§359] No Duty To Notify Prospective Transferees.
D. Effect of Recordation.
1. [§360] Constructive Notice.
2. [§361] Where Notice Is Ineffective.
E. Expungement and Other Relief.
1. Nature and Purpose of Legislation.
(a) [§362] Former Law.
(b) [§363] 1992 Revision.
2. Expungement: Procedure.
(a) [§364] In General.
(b) [§365] Time For Bringing Motion.
(c) [§366] Evidence and Discovery.
(d) [§367] Burden and Degree of Proof.
3. Expungement: Showing Required.
(a) [§368] Invalid and Void Lis Pendens.
(b) Lack of Real Property Claim.
(1) [§369] In General.
(2) Affecting Title or Possession.
(aa) [§370] In General.
(bb) [§371] Action Challenging Government Housing Program.
(cc) [§372] Action To Impose Constructive Trust.
(dd) [§373] Action To Impose Equitable Lien.
(ee) [§374] Action To Set Aside Fraudulent Conveyance.
(3) [§375] Claim of Easement.
(c) Failure To Establish Probable Validity of Real Property Claim.
(1) [§376] Former Law.
(2) [§377] 1992 Revision: Abrogation of Former Grounds.
(d) Expungement Conditioned on Undertaking.
(1) [§378] In General.
(2) [§379] Amount and Nature of Undertaking.
(3) [§380] Deed of Trust as Alternative to Undertaking.
(4) [§381] Procedure.
4. Maintaining Lis Pendens on Condition of Undertaking.
(a) [§382] Nature and Purpose of Remedy.
(b) [§383] Procedure.
5. [§384] Attorneys' Fees and Costs.
6. [§385] Review by Mandamus.
7. [§386] Withdrawal of Notice.
8. Effect of Expungement or Withdrawal.
(a) [§387] When Expungement Becomes Effective.
(b) [§388] Recordation of Certified Copy of Expungement Order or Withdrawal.
(c) [§389] Second Notice Requires Court Approval.
X. IN FORMA PAUPERIS
A. Nature of Right.
1. [§390] In General.
2. [§391] Constitutional Right in Marital Case.
B. Scope of Right.
1. Costs Excused.
(a) [§392] Trial Court Costs.
(b) [§393] Costs of Appeal.
2. Relief From Bond or Undertaking.
(a) [§394] Security for Costs.
(b) [§395] Injunction Bond.
3. [§396] No Right to Interpreter.
4. [§397] No Right to Reporter's Transcript.
C. Procedure.
1. [§398] Former Judicially Established Practice.
2. [§399] Legislative Directive to Judicial Council.
3. [§400] Application and Forms.
4. [§401] Determination of Application.
5. [§402] Reconsideration on Later Application.
D. What Constitutes Indigence.
1. [§403] In General.
2. [§404] Contingent Fee No Bar.
XI. STATUTE OF LIMITATIONS
A. In General.
1. Nature of Statute.
(a) [§405] Types of Limitation Statutes.
(b) [§406] Statutory Classification.
(c) [§407] Statute Affects Remedy Only.
(d) Meritorious or Favored Defense.
(1) [§408] General Rule.
(2) [§409] Illustrations.
(3) [§410] Effect of Change in Case Law.
(e) [§411] Technical or Disfavored Defense.
(f) [§412] A "Shield" and Not a "Sword."
(g) [§413] Personal Privilege: Waiver by Defendant.
2. Distinctions.
(a) Statute Affecting Substantive Right.
(1) [§414] Significance of Distinction.
(2) [§415] Limitation Affecting Property Right.
(3) [§416] Limitation in Statute Creating Right.
(4) [§417] Tolling Substantive Time Limit.
(b) [§418] Other Statutory Time Limits.
(c) [§419] Laches in Equitable Actions.
3. Scope of Limitation Statutes.
(a) [§420] Actions and Special Proceedings.
(b) Cross‑Complaint and Defensive Relief.
(1) [§421] Statute Runs if Affirmative Relief Sought.
(2) When Statute Does Not Run.
(aa) [§422] Cross‑Demands Deemed Compensated.
(bb) [§423] Answer Pleading Defensive Matter.
(cc) [§424] Uninsured Motorist's Cross‑Complaint.
(dd) [§425] Cross‑Complaint Against Suspended Corporation.
(ee) [§426] Amended Cross‑Complaint.
(ff) [§427] Failure To File Cross‑Complaint.
(c) Sovereign Plaintiff.
(1) [§428] United States.
(2) [§429] State or Subdivision.
(3) [§430] Foreign Country.
B. Changes in Period.
1. Legislative Changes.
(a) Before Statute Has Run.
(1) [§431] Period Extended.
(2) [§432] Period Shortened.
(b) Period Extended After Statute Has Run.
(1) In General.
(aa) [§433] Rule in Other Jurisdictions.
(bb) [§434] California Rule.
(2) [§435] Valid Extension for Action for Sexual Abuse of Minor.
2. Contractual Modifications.
(a) [§436] Extending Period by "Waiver."
(b) Shortening Period by Agreement.
(1) [§437] In General.
(2) [§438] Insured's Action Against Successive Insurers for Progressive Property Loss.
(3) [§439] Successor Insurer's Action for Contribution or Indemnity.
(4) [§440] Agreements Under U.C.C.
C. Classification According to Periods of Limitation.
1. [§441] In General.
2. [§442] Thirty Days.
3. [§443] Sixty Days or Two Months.
4. [§444] Ninety Days or Three Months.
5. [§445] One Hundred Days.
6. [§446] Four Months or One Hundred Twenty Days.
7. [§447] Six Months or One Hundred Eighty Days.
8. [§448] One Year.
9. [§449] Two Years.
10. [§450] Three Years.
11. [§451] Four Years.
12. [§452] Five Years.
13. [§453] Six Years.
14. [§454] Eight Years.
15. [§455] Ten Years.
16. No Limitation.
(a) [§456] Express Statutory Provisions.
(b) [§457] Quiet Title by Owner in Possession.
(c) [§458] Other Proceedings.
D. Periods and Accrual: In General.
1. General Rule: Accrual When Wrongful Act Done.
(a) [§459] What Constitutes Accrual.
(b) [§460] Ignorance of Cause of Action.
(c) [§461] Cause Accruing Before Substantial Damage.
2. Exceptions: Postponed Accrual.
(a) [§462] In General.
(b) Accrual on Discovery of Facts.
(1) [§463] In General.
(2) Discovery of Defendant's Negligence.
(aa) [§464] Awareness of Injury and Its Cause.
(bb) Awareness of Facts Constituting Wrongful Conduct.
(i) [§465] Prior Rule: Actual Knowledge of Wrongdoing.
(ii) [§466] Current Rule: Suspicion of Wrongdoing.
(c) Accrual When Damage Results.
(1) [§467] General Rule: Insurance Cases.
(2) [§468] General Rule: Professional Negligence Cases.
(3) [§469] Distinction: Remedy Uncertain or Ineffective.
(d) [§470] Postponement by Condition Precedent.
(e) [§471] Postponement as to Particular Plaintiff.
3. [§472] Alternative Remedy With Longer Period.
4. [§473] Computing Time.
E. Periods and Accrual: Contract Actions.
1. Limitation Statutes Applicable.
(a) Written Instruments: Four Years.
(1) [§474] Action on Written Contract.
(2) Action on Promise Implied From Writing.
(aa) [§475] Implied Promise To Pay Money.
(bb) [§476] Other Implied Promises.
(cc) [§477] Distinctions.
(b) Obligations Not Founded on Written Instrument: Two Years.
(1) [§478] In General.
(2) [§479] Oral Express Contracts.
(3) [§480] Quasi‑Contract Obligations.
(c) Accounts: Four Years.
(1) [§481] In General.
(2) What Constitutes Book Account.
(aa) [§482] In General.
(bb) [§483] Permanent Record Without Book.
(3) [§484] Book Account Despite Express Contract.
(d) [§485] Contract of Sale: Four Years.
2. Accrual of Causes of Action.
(a) Breach of Contract: In General.
(1) [§486] Time of Breach.
(2) Continuing Covenant.
(aa) [§487] In General.
(bb) Insurer's Breach of Duty To Defend.
(i) [§488] Conflict in Courts of Appeal.
(ii) [§489] Accrual on Tender But Equitable Tolling Until Judgment.
(iii) [§490] Distinction: Insured's Delay in Notifying Insurer of Loss.