577. A judgment is the final determination of the rights of the
parties in an action or proceeding.
577.5. In any judgment, or execution upon such judgment, the amount
shall be computed and stated in dollars and cents, rejecting
fractions.
578. Judgment may be given for or against one or more of several
plaintiffs, and for or against one or more of several defendants; and
it may, when the justice of the case requires it, determine the
ultimate rights of the parties on each side, as between themselves.
579. In an action against several defendants, the Court may, in its
discretion, render judgment against one or more of them, leaving the
action to proceed against the others, whenever a several judgment is
proper.
580. (a) The relief granted to the plaintiff, if there is no
answer, cannot exceed that demanded in the complaint, in the
statement required by Section 425.11, or in the statement provided
for by Section 425.115; but in any other case, the court may grant
the plaintiff any relief consistent with the case made by the
complaint and embraced within the issue. The court may impose
liability, regardless of whether the theory upon which liability is
sought to be imposed involves legal or equitable principles.
(b) Notwithstanding subdivision (a), the following types of relief
may not be granted in a limited civil case:
(1) Relief exceeding the maximum amount in controversy for a
limited civil case as provided in Section 85, exclusive of attorney's
fees, interest, and costs.
(2) A permanent injunction, except as otherwise authorized by
statute.
(3) A determination of title to real property.
(4) Declaratory relief, except as authorized by Section 86.
580a. Whenever a money judgment is sought for the balance due upon
an obligation for the payment of which a deed of trust or mortgage
with power of sale upon real property or any interest therein was
given as security, following the exercise of the power of sale in
such deed of trust or mortgage, the plaintiff shall set forth in his
or her complaint the entire amount of the indebtedness which was
secured by the deed of trust or mortgage at the time of sale, the
amount for which the real property or interest therein was sold and
the fair market value thereof at the date of sale and the date of
that sale. Upon the application of either party made at least 10 days
before the time of trial the court shall, and upon its own motion
the court at any time may, appoint one of the probate referees
provided for by law to appraise the property or the interest therein
sold as of the time of sale. The referee shall file his or her
appraisal with the clerk and that appraisal shall be admissible in
evidence. The referee shall take and subscribe an oath to be attached
to the appraisal that he or she has truly, honestly and impartially
appraised the property to the best of his or her knowledge and
ability. Any referee so appointed may be called and examined as a
witness by any party or by the court itself. The court must fix the
compensation of the referee in an amount as determined by the court
to be reasonable, but those fees shall not exceed similar fees for
similar services in the community where the services are rendered,
which may be taxed and allowed in like manner as other costs. Before
rendering any judgment the court shall find the fair market value of
the real property, or interest therein sold, at the time of sale. The
court may render judgment for not more than the amount by which the
entire amount of the indebtedness due at the time of sale exceeded
the fair market value of the real property or interest therein sold
at the time of sale with interest thereon from the date of the sale;
provided, however, that in no event shall the amount of the judgment,
exclusive of interest after the date of sale, exceed the difference
between the amount for which the property was sold and the entire
amount of the indebtedness secured by the deed of trust or mortgage.
Any such action must be brought within three months of the time of
sale under the deed of trust or mortgage. No judgment shall be
rendered in any such action until the real property or interest
therein has first been sold pursuant to the terms of the deed of
trust or mortgage, unless the real property or interest therein has
become valueless.
580b. No deficiency judgment shall lie in any event after a sale of
real property or an estate for years therein for failure of the
purchaser to complete his or her contract of sale, or under a deed of
trust or mortgage given to the vendor to secure payment of the
balance of the purchase price of that real property or estate for
years therein, or under a deed of trust or mortgage on a dwelling for
not more than four families given to a lender to secure repayment of
a loan which was in fact used to pay all or part of the purchase
price of that dwelling occupied, entirely or in part, by the
purchaser.
Where both a chattel mortgage and a deed of trust or mortgage have
been given to secure payment of the balance of the combined purchase
price of both real and personal property, no deficiency judgment
shall lie at any time under any one thereof if no deficiency judgment
would lie under the deed of trust or mortgage on the real property
or estate for years therein.
580c. In all cases where existing deeds of trust or mortgages are
judicially foreclosed, unless a different amount is set up in the
mortgage or deed of trust, and in all cases of mortgages and deeds of
trust executed after this act takes effect, the mortgagor or trustor
may be required to pay only such amount as trustee's or attorney's
fees for processing the judicial foreclosure as the court may find
reasonable and also the actual cost of publishing, recording, mailing
and posting notices, litigation guarantee, and litigation cost of
suit.
580d. No judgment shall be rendered for any deficiency upon a note
secured by a deed of trust or mortgage upon real property or an
estate for years therein hereafter executed in any case in which the
real property or estate for years therein has been sold by the
mortgagee or trustee under power of sale contained in the mortgage or
deed of trust.
This section does not apply to any deed of trust, mortgage or
other lien given to secure the payment of bonds or other evidences of
indebtedness authorized or permitted to be issued by the
Commissioner of Corporations, or which is made by a public utility
subject to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code).
580e. (a) No judgment shall be rendered for any deficiency under a
note secured by a first deed of trust or first mortgage for a
dwelling of not more than four units, in any case in which the
trustor or mortgagor sells the dwelling for less than the remaining
amount of the indebtedness due at the time of sale with the written
consent of the holder of the first deed of trust or first mortgage.
Written consent of the holder of the first deed of trust or first
mortgage to that sale shall obligate that holder to accept the sale
proceeds as full payment and to fully discharge the remaining amount
of the indebtedness on the first deed of trust or first mortgage.
(b) If the trustor or mortgagor commits either fraud with respect
to the sale of, or waste with respect to, the real property that
secures the first deed of trust or first mortgage, this section shall
not limit the ability of the holder of the first deed of trust or
first mortgage to seek damages and use existing rights and remedies
against the trustor or mortgagor or any third party for fraud or
waste.
(c) This section shall not apply if the trustor or mortgagor is a
corporation or political subdivision of the state.
580.5. (a) For purposes of this section:
(1) "Beneficiary" means a "beneficiary" as defined in paragraph
(3) of subdivision (a) of Section 5102 of the Commercial Code.
(2) "Issuer" means an "issuer" as defined in paragraph (9) of
subdivision (a) of Section 5102 of the Commercial Code.
(3) "Letter of credit" means a "letter of credit" as defined in
paragraph (10) of subdivision (a) of Section 5102 of the Commercial
Code whether or not the engagement is governed by Division 5
(commencing with Section 5101) of the Commercial Code.
(b) With respect to an obligation which is secured by a mortgage
or a deed of trust upon real property or an estate for years therein
and which is also supported by a letter of credit, neither the
presentment, receipt of payment, or enforcement of a draft or demand
for payment under the letter of credit by the beneficiary of the
letter of credit nor the honor or payment of, or the demand for
reimbursement, receipt of reimbursement or enforcement of any
contractual, statutory or other reimbursement obligation relating to,
the letter of credit by the issuer of the letter of credit shall,
whether done before or after the judicial or nonjudicial foreclosure
of the mortgage or deed of trust or conveyance in lieu thereof,
constitute any of the following:
(1) An action within the meaning of subdivision (a) of Section
726, or a failure to comply with any other statutory or judicial
requirement to proceed first against security.
(2) A money judgment for a deficiency or a deficiency judgment
within the meaning of Section 580a, 580b, or 580d, or subdivision (b)
of Section 726, or the functional equivalent of any such judgment.
(3) A violation of Section 580a, 580b, 580d, or 726.
580.7. (a) For purposes of this section:
(1) "Beneficiary" means a "beneficiary" as defined in paragraph
(3) of subdivision (a) of Section 5102 of the Commercial Code.
(2) "Customer" means an "applicant" as defined in paragraph (2) of
subdivision (a) of Section 5102 of the Commercial Code.
(3) "Letter of credit" means a "letter of credit" as defined in
paragraph (10) of subdivision (a) of Section 5102 of the Commercial
Code whether or not the engagement is governed by Division 5
(commencing with Section 5101) of the Commercial Code.
(b) No letter of credit shall be enforceable by any party thereto
in a loan transaction in which all of the following circumstances
exist:
(1) The customer is a natural person.
(2) The letter of credit is issued to the beneficiary to avoid a
default of the existing loan.
(3) The existing loan is secured by a purchase money deed of trust
or purchase money mortgage on real property containing one to four
residential units, at least one of which is owned and occupied, or
was intended at the time the existing loan was made, to be occupied
by the customer.
(4) The letter of credit is issued after the effective date of
this section.
581. (a) As used in this section:
(1) "Action" means any civil action or special proceeding.
(2) "Complaint" means a complaint and a cross-complaint.
(3) "Court" means the court in which the action is pending.
(4) "Defendant" includes a cross-defendant.
(5) "Plaintiff" includes a cross-complainant.
(6) "Trial." A trial shall be deemed to actually commence at the
beginning of the opening statement or argument of any party or his or
her counsel, or if there is no opening statement, then at the time
of the administering of the oath or affirmation to the first witness,
or the introduction of any evidence.
(b) An action may be dismissed in any of the following instances:
(1) With or without prejudice, upon written request of the
plaintiff to the clerk, filed with papers in the case, or by oral or
written request to the court at any time before the actual
commencement of trial, upon payment of the costs, if any.
(2) With or without prejudice, by any party upon the written
consent of all other parties.
(3) By the court, without prejudice, when no party appears for
trial following 30 days' notice of time and place of trial.
(4) By the court, without prejudice, when dismissal is made
pursuant to the applicable provisions of Chapter 1.5 (commencing with
Section 583.110).
(5) By the court, without prejudice, when either party fails to
appear on the trial and the other party appears and asks for
dismissal.
(c) A plaintiff may dismiss his or her complaint, or any cause of
action asserted in it, in its entirety, or as to any defendant or
defendants, with or without prejudice prior to the actual
commencement of trial.
(d) Except as otherwise provided in subdivision (e), the court
shall dismiss the complaint, or any cause of action asserted in it,
in its entirety or as to any defendant, with prejudice, when upon the
trial and before the final submission of the case, the plaintiff
abandons it.
(e) After the actual commencement of trial, the court shall
dismiss the complaint, or any causes of action asserted in it, in its
entirety or as to any defendants, with prejudice, if the plaintiff
requests a dismissal, unless all affected parties to the trial
consent to dismissal without prejudice or by order of the court
dismissing the same without prejudice on a showing of good cause.
(f) The court may dismiss the complaint as to that defendant when:
(1) Except where Section 597 applies, after a demurrer to the
complaint is sustained without leave to amend and either party moves
for dismissal.
(2) Except where Section 597 applies, after a demurrer to the
complaint is sustained with leave to amend, the plaintiff fails to
amend it within the time allowed by the court and either party moves
for dismissal.
(3) After a motion to strike the whole of a complaint is granted
without leave to amend and either party moves for dismissal.
(4) After a motion to strike the whole of a complaint or portion
thereof is granted with leave to amend the plaintiff fails to amend
it within the time allowed by the court and either party moves for
dismissal.
(g) The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made under the
applicable provisions of Chapter 1.5 (commencing with Section
583.110).
(h) The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made pursuant to
Section 418.10.
(i) No dismissal of an action may be made or entered, or both,
under paragraph (1) of subdivision (b) where affirmative relief has
been sought by the cross-complaint of a defendant or if there is a
motion pending for an order transferring the action to another court
under the provisions of Section 396b.
(j) No dismissal may be made or entered, or both, under paragraph
(1) or (2) of subdivision (b) except upon the written consent of the
attorney for the party or parties applying therefor, or if consent of
the attorney is not obtained, upon order of dismissal by the court
after notice to the attorney.
(k) No action may be dismissed which has been determined to be a
class action under the provisions of this code unless and until
notice that the court deems adequate has been given and the court
orders the dismissal.
(l) The court may dismiss, without prejudice, the complaint in
whole, or as to that defendant when either party fails to appear at
the trial and the other party appears and asks for the dismissal.
(m) The provisions of this section shall not be deemed to be an
exclusive enumeration of the court's power to dismiss an action or
dismiss a complaint as to a defendant.
581c. (a) Only after, and not before, the plaintiff has completed
his or her opening statement, or after the presentation of his or her
evidence in a trial by jury, the defendant, without waiving his or
her right to offer evidence in the event the motion is not granted,
may move for a judgment of nonsuit.
(b) If it appears that the evidence presented, or to be presented,
supports the granting of the motion as to some but not all of the
issues involved in the action, the court shall grant the motion as to
those issues and the action shall proceed as to the issues
remaining. Despite the granting of the motion, no final judgment
shall be entered prior to the termination of the action, but the
final judgment in the action shall, in addition to any matters
determined in the trial, award judgment as determined by the motion
herein provided for.
(c) If the motion is granted, unless the court in its order for
judgment otherwise specifies, the judgment of nonsuit operates as an
adjudication upon the merits.
(d) In actions which arise out of an injury to the person or to
property, when a motion for judgment of nonsuit was granted on the
basis that the defendant was without fault, no other defendant during
trial, over plaintiff's objection, may attempt to attribute fault to
or comment on the absence or involvement of the defendant who was
granted the motion.
581d. A written dismissal of an action shall be entered in the
clerk's register and is effective for all purposes when so entered.
All dismissals ordered by the court shall be in the form of a
written order signed by the court and filed in the action and those
orders when so filed shall constitute judgments and be effective for
all purposes, and the clerk shall note those judgments in the
register of actions in the case.
582. In all other cases judgment shall be rendered on the merits.
582.5. In a limited civil case in which the defendant has appeared,
if the judgment or order is for the payment of money by the
defendant, the defendant shall pay the judgment immediately or at any
time and upon terms and conditions, including installment payments,
that the court may prescribe. The court may amend the terms and
conditions for payment of the judgment or order at any time to
provide for installment payments for good cause upon motion by a
party and notice to all affected parties, regardless of the nature of
the underlying debt and regardless of whether the moving party
appeared before entry of the judgment or order. In any determination
regarding the imposition of terms and conditions upon the payment of
the judgment, the court shall consider any factors that would be
relevant to the determination of a claim for exemption pursuant to
Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9
of Part 2 or the examination of a debtor pursuant to Article 2
(commencing with Section 708.110) of Chapter 6 of Division 2 of Title
9.
577. A judgment is the final determination of the rights of the
parties in an action or proceeding.
577.5. In any judgment, or execution upon such judgment, the amount
shall be computed and stated in dollars and cents, rejecting
fractions.
578. Judgment may be given for or against one or more of several
plaintiffs, and for or against one or more of several defendants; and
it may, when the justice of the case requires it, determine the
ultimate rights of the parties on each side, as between themselves.
579. In an action against several defendants, the Court may, in its
discretion, render judgment against one or more of them, leaving the
action to proceed against the others, whenever a several judgment is
proper.
580. (a) The relief granted to the plaintiff, if there is no
answer, cannot exceed that demanded in the complaint, in the
statement required by Section 425.11, or in the statement provided
for by Section 425.115; but in any other case, the court may grant
the plaintiff any relief consistent with the case made by the
complaint and embraced within the issue. The court may impose
liability, regardless of whether the theory upon which liability is
sought to be imposed involves legal or equitable principles.
(b) Notwithstanding subdivision (a), the following types of relief
may not be granted in a limited civil case:
(1) Relief exceeding the maximum amount in controversy for a
limited civil case as provided in Section 85, exclusive of attorney's
fees, interest, and costs.
(2) A permanent injunction, except as otherwise authorized by
statute.
(3) A determination of title to real property.
(4) Declaratory relief, except as authorized by Section 86.
580a. Whenever a money judgment is sought for the balance due upon
an obligation for the payment of which a deed of trust or mortgage
with power of sale upon real property or any interest therein was
given as security, following the exercise of the power of sale in
such deed of trust or mortgage, the plaintiff shall set forth in his
or her complaint the entire amount of the indebtedness which was
secured by the deed of trust or mortgage at the time of sale, the
amount for which the real property or interest therein was sold and
the fair market value thereof at the date of sale and the date of
that sale. Upon the application of either party made at least 10 days
before the time of trial the court shall, and upon its own motion
the court at any time may, appoint one of the probate referees
provided for by law to appraise the property or the interest therein
sold as of the time of sale. The referee shall file his or her
appraisal with the clerk and that appraisal shall be admissible in
evidence. The referee shall take and subscribe an oath to be attached
to the appraisal that he or she has truly, honestly and impartially
appraised the property to the best of his or her knowledge and
ability. Any referee so appointed may be called and examined as a
witness by any party or by the court itself. The court must fix the
compensation of the referee in an amount as determined by the court
to be reasonable, but those fees shall not exceed similar fees for
similar services in the community where the services are rendered,
which may be taxed and allowed in like manner as other costs. Before
rendering any judgment the court shall find the fair market value of
the real property, or interest therein sold, at the time of sale. The
court may render judgment for not more than the amount by which the
entire amount of the indebtedness due at the time of sale exceeded
the fair market value of the real property or interest therein sold
at the time of sale with interest thereon from the date of the sale;
provided, however, that in no event shall the amount of the judgment,
exclusive of interest after the date of sale, exceed the difference
between the amount for which the property was sold and the entire
amount of the indebtedness secured by the deed of trust or mortgage.
Any such action must be brought within three months of the time of
sale under the deed of trust or mortgage. No judgment shall be
rendered in any such action until the real property or interest
therein has first been sold pursuant to the terms of the deed of
trust or mortgage, unless the real property or interest therein has
become valueless.
580b. No deficiency judgment shall lie in any event after a sale of
real property or an estate for years therein for failure of the
purchaser to complete his or her contract of sale, or under a deed of
trust or mortgage given to the vendor to secure payment of the
balance of the purchase price of that real property or estate for
years therein, or under a deed of trust or mortgage on a dwelling for
not more than four families given to a lender to secure repayment of
a loan which was in fact used to pay all or part of the purchase
price of that dwelling occupied, entirely or in part, by the
purchaser.
Where both a chattel mortgage and a deed of trust or mortgage have
been given to secure payment of the balance of the combined purchase
price of both real and personal property, no deficiency judgment
shall lie at any time under any one thereof if no deficiency judgment
would lie under the deed of trust or mortgage on the real property
or estate for years therein.
580c. In all cases where existing deeds of trust or mortgages are
judicially foreclosed, unless a different amount is set up in the
mortgage or deed of trust, and in all cases of mortgages and deeds of
trust executed after this act takes effect, the mortgagor or trustor
may be required to pay only such amount as trustee's or attorney's
fees for processing the judicial foreclosure as the court may find
reasonable and also the actual cost of publishing, recording, mailing
and posting notices, litigation guarantee, and litigation cost of
suit.
580d. No judgment shall be rendered for any deficiency upon a note
secured by a deed of trust or mortgage upon real property or an
estate for years therein hereafter executed in any case in which the
real property or estate for years therein has been sold by the
mortgagee or trustee under power of sale contained in the mortgage or
deed of trust.
This section does not apply to any deed of trust, mortgage or
other lien given to secure the payment of bonds or other evidences of
indebtedness authorized or permitted to be issued by the
Commissioner of Corporations, or which is made by a public utility
subject to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code).
580e. (a) No judgment shall be rendered for any deficiency under a
note secured by a first deed of trust or first mortgage for a
dwelling of not more than four units, in any case in which the
trustor or mortgagor sells the dwelling for less than the remaining
amount of the indebtedness due at the time of sale with the written
consent of the holder of the first deed of trust or first mortgage.
Written consent of the holder of the first deed of trust or first
mortgage to that sale shall obligate that holder to accept the sale
proceeds as full payment and to fully discharge the remaining amount
of the indebtedness on the first deed of trust or first mortgage.
(b) If the trustor or mortgagor commits either fraud with respect
to the sale of, or waste with respect to, the real property that
secures the first deed of trust or first mortgage, this section shall
not limit the ability of the holder of the first deed of trust or
first mortgage to seek damages and use existing rights and remedies
against the trustor or mortgagor or any third party for fraud or
waste.
(c) This section shall not apply if the trustor or mortgagor is a
corporation or political subdivision of the state.
580.5. (a) For purposes of this section:
(1) "Beneficiary" means a "beneficiary" as defined in paragraph
(3) of subdivision (a) of Section 5102 of the Commercial Code.
(2) "Issuer" means an "issuer" as defined in paragraph (9) of
subdivision (a) of Section 5102 of the Commercial Code.
(3) "Letter of credit" means a "letter of credit" as defined in
paragraph (10) of subdivision (a) of Section 5102 of the Commercial
Code whether or not the engagement is governed by Division 5
(commencing with Section 5101) of the Commercial Code.
(b) With respect to an obligation which is secured by a mortgage
or a deed of trust upon real property or an estate for years therein
and which is also supported by a letter of credit, neither the
presentment, receipt of payment, or enforcement of a draft or demand
for payment under the letter of credit by the beneficiary of the
letter of credit nor the honor or payment of, or the demand for
reimbursement, receipt of reimbursement or enforcement of any
contractual, statutory or other reimbursement obligation relating to,
the letter of credit by the issuer of the letter of credit shall,
whether done before or after the judicial or nonjudicial foreclosure
of the mortgage or deed of trust or conveyance in lieu thereof,
constitute any of the following:
(1) An action within the meaning of subdivision (a) of Section
726, or a failure to comply with any other statutory or judicial
requirement to proceed first against security.
(2) A money judgment for a deficiency or a deficiency judgment
within the meaning of Section 580a, 580b, or 580d, or subdivision (b)
of Section 726, or the functional equivalent of any such judgment.
(3) A violation of Section 580a, 580b, 580d, or 726.
580.7. (a) For purposes of this section:
(1) "Beneficiary" means a "beneficiary" as defined in paragraph
(3) of subdivision (a) of Section 5102 of the Commercial Code.
(2) "Customer" means an "applicant" as defined in paragraph (2) of
subdivision (a) of Section 5102 of the Commercial Code.
(3) "Letter of credit" means a "letter of credit" as defined in
paragraph (10) of subdivision (a) of Section 5102 of the Commercial
Code whether or not the engagement is governed by Division 5
(commencing with Section 5101) of the Commercial Code.
(b) No letter of credit shall be enforceable by any party thereto
in a loan transaction in which all of the following circumstances
exist:
(1) The customer is a natural person.
(2) The letter of credit is issued to the beneficiary to avoid a
default of the existing loan.
(3) The existing loan is secured by a purchase money deed of trust
or purchase money mortgage on real property containing one to four
residential units, at least one of which is owned and occupied, or
was intended at the time the existing loan was made, to be occupied
by the customer.
(4) The letter of credit is issued after the effective date of
this section.
581. (a) As used in this section:
(1) "Action" means any civil action or special proceeding.
(2) "Complaint" means a complaint and a cross-complaint.
(3) "Court" means the court in which the action is pending.
(4) "Defendant" includes a cross-defendant.
(5) "Plaintiff" includes a cross-complainant.
(6) "Trial." A trial shall be deemed to actually commence at the
beginning of the opening statement or argument of any party or his or
her counsel, or if there is no opening statement, then at the time
of the administering of the oath or affirmation to the first witness,
or the introduction of any evidence.
(b) An action may be dismissed in any of the following instances:
(1) With or without prejudice, upon written request of the
plaintiff to the clerk, filed with papers in the case, or by oral or
written request to the court at any time before the actual
commencement of trial, upon payment of the costs, if any.
(2) With or without prejudice, by any party upon the written
consent of all other parties.
(3) By the court, without prejudice, when no party appears for
trial following 30 days' notice of time and place of trial.
(4) By the court, without prejudice, when dismissal is made
pursuant to the applicable provisions of Chapter 1.5 (commencing with
Section 583.110).
(5) By the court, without prejudice, when either party fails to
appear on the trial and the other party appears and asks for
dismissal.
(c) A plaintiff may dismiss his or her complaint, or any cause of
action asserted in it, in its entirety, or as to any defendant or
defendants, with or without prejudice prior to the actual
commencement of trial.
(d) Except as otherwise provided in subdivision (e), the court
shall dismiss the complaint, or any cause of action asserted in it,
in its entirety or as to any defendant, with prejudice, when upon the
trial and before the final submission of the case, the plaintiff
abandons it.
(e) After the actual commencement of trial, the court shall
dismiss the complaint, or any causes of action asserted in it, in its
entirety or as to any defendants, with prejudice, if the plaintiff
requests a dismissal, unless all affected parties to the trial
consent to dismissal without prejudice or by order of the court
dismissing the same without prejudice on a showing of good cause.
(f) The court may dismiss the complaint as to that defendant when:
(1) Except where Section 597 applies, after a demurrer to the
complaint is sustained without leave to amend and either party moves
for dismissal.
(2) Except where Section 597 applies, after a demurrer to the
complaint is sustained with leave to amend, the plaintiff fails to
amend it within the time allowed by the court and either party moves
for dismissal.
(3) After a motion to strike the whole of a complaint is granted
without leave to amend and either party moves for dismissal.
(4) After a motion to strike the whole of a complaint or portion
thereof is granted with leave to amend the plaintiff fails to amend
it within the time allowed by the court and either party moves for
dismissal.
(g) The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made under the
applicable provisions of Chapter 1.5 (commencing with Section
583.110).
(h) The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made pursuant to
Section 418.10.
(i) No dismissal of an action may be made or entered, or both,
under paragraph (1) of subdivision (b) where affirmative relief has
been sought by the cross-complaint of a defendant or if there is a
motion pending for an order transferring the action to another court
under the provisions of Section 396b.
(j) No dismissal may be made or entered, or both, under paragraph
(1) or (2) of subdivision (b) except upon the written consent of the
attorney for the party or parties applying therefor, or if consent of
the attorney is not obtained, upon order of dismissal by the court
after notice to the attorney.
(k) No action may be dismissed which has been determined to be a
class action under the provisions of this code unless and until
notice that the court deems adequate has been given and the court
orders the dismissal.
(l) The court may dismiss, without prejudice, the complaint in
whole, or as to that defendant when either party fails to appear at
the trial and the other party appears and asks for the dismissal.
(m) The provisions of this section shall not be deemed to be an
exclusive enumeration of the court's power to dismiss an action or
dismiss a complaint as to a defendant.
581c. (a) Only after, and not before, the plaintiff has completed
his or her opening statement, or after the presentation of his or her
evidence in a trial by jury, the defendant, without waiving his or
her right to offer evidence in the event the motion is not granted,
may move for a judgment of nonsuit.
(b) If it appears that the evidence presented, or to be presented,
supports the granting of the motion as to some but not all of the
issues involved in the action, the court shall grant the motion as to
those issues and the action shall proceed as to the issues
remaining. Despite the granting of the motion, no final judgment
shall be entered prior to the termination of the action, but the
final judgment in the action shall, in addition to any matters
determined in the trial, award judgment as determined by the motion
herein provided for.
(c) If the motion is granted, unless the court in its order for
judgment otherwise specifies, the judgment of nonsuit operates as an
adjudication upon the merits.
(d) In actions which arise out of an injury to the person or to
property, when a motion for judgment of nonsuit was granted on the
basis that the defendant was without fault, no other defendant during
trial, over plaintiff's objection, may attempt to attribute fault to
or comment on the absence or involvement of the defendant who was
granted the motion.
581d. A written dismissal of an action shall be entered in the
clerk's register and is effective for all purposes when so entered.
All dismissals ordered by the court shall be in the form of a
written order signed by the court and filed in the action and those
orders when so filed shall constitute judgments and be effective for
all purposes, and the clerk shall note those judgments in the
register of actions in the case.
582. In all other cases judgment shall be rendered on the merits.
582.5. In a limited civil case in which the defendant has appeared,
if the judgment or order is for the payment of money by the
defendant, the defendant shall pay the judgment immediately or at any
time and upon terms and conditions, including installment payments,
that the court may prescribe. The court may amend the terms and
conditions for payment of the judgment or order at any time to
provide for installment payments for good cause upon motion by a
party and notice to all affected parties, regardless of the nature of
the underlying debt and regardless of whether the moving party
appeared before entry of the judgment or order. In any determination
regarding the imposition of terms and conditions upon the payment of
the judgment, the court shall consider any factors that would be
relevant to the determination of a claim for exemption pursuant to
Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9
of Part 2 or the examination of a debtor pursuant to Article 2
(commencing with Section 708.110) of Chapter 6 of Division 2 of Title
9.
577. A judgment is the final determination of the rights of the
parties in an action or proceeding.
577.5. In any judgment, or execution upon such judgment, the amount
shall be computed and stated in dollars and cents, rejecting
fractions.
578. Judgment may be given for or against one or more of several
plaintiffs, and for or against one or more of several defendants; and
it may, when the justice of the case requires it, determine the
ultimate rights of the parties on each side, as between themselves.
579. In an action against several defendants, the Court may, in its
discretion, render judgment against one or more of them, leaving the
action to proceed against the others, whenever a several judgment is
proper.
580. (a) The relief granted to the plaintiff, if there is no
answer, cannot exceed that demanded in the complaint, in the
statement required by Section 425.11, or in the statement provided
for by Section 425.115; but in any other case, the court may grant
the plaintiff any relief consistent with the case made by the
complaint and embraced within the issue. The court may impose
liability, regardless of whether the theory upon which liability is
sought to be imposed involves legal or equitable principles.
(b) Notwithstanding subdivision (a), the following types of relief
may not be granted in a limited civil case:
(1) Relief exceeding the maximum amount in controversy for a
limited civil case as provided in Section 85, exclusive of attorney's
fees, interest, and costs.
(2) A permanent injunction, except as otherwise authorized by
statute.
(3) A determination of title to real property.
(4) Declaratory relief, except as authorized by Section 86.
580a. Whenever a money judgment is sought for the balance due upon
an obligation for the payment of which a deed of trust or mortgage
with power of sale upon real property or any interest therein was
given as security, following the exercise of the power of sale in
such deed of trust or mortgage, the plaintiff shall set forth in his
or her complaint the entire amount of the indebtedness which was
secured by the deed of trust or mortgage at the time of sale, the
amount for which the real property or interest therein was sold and
the fair market value thereof at the date of sale and the date of
that sale. Upon the application of either party made at least 10 days
before the time of trial the court shall, and upon its own motion
the court at any time may, appoint one of the probate referees
provided for by law to appraise the property or the interest therein
sold as of the time of sale. The referee shall file his or her
appraisal with the clerk and that appraisal shall be admissible in
evidence. The referee shall take and subscribe an oath to be attached
to the appraisal that he or she has truly, honestly and impartially
appraised the property to the best of his or her knowledge and
ability. Any referee so appointed may be called and examined as a
witness by any party or by the court itself. The court must fix the
compensation of the referee in an amount as determined by the court
to be reasonable, but those fees shall not exceed similar fees for
similar services in the community where the services are rendered,
which may be taxed and allowed in like manner as other costs. Before
rendering any judgment the court shall find the fair market value of
the real property, or interest therein sold, at the time of sale. The
court may render judgment for not more than the amount by which the
entire amount of the indebtedness due at the time of sale exceeded
the fair market value of the real property or interest therein sold
at the time of sale with interest thereon from the date of the sale;
provided, however, that in no event shall the amount of the judgment,
exclusive of interest after the date of sale, exceed the difference
between the amount for which the property was sold and the entire
amount of the indebtedness secured by the deed of trust or mortgage.
Any such action must be brought within three months of the time of
sale under the deed of trust or mortgage. No judgment shall be
rendered in any such action until the real property or interest
therein has first been sold pursuant to the terms of the deed of
trust or mortgage, unless the real property or interest therein has
become valueless.
580b. No deficiency judgment shall lie in any event after a sale of
real property or an estate for years therein for failure of the
purchaser to complete his or her contract of sale, or under a deed of
trust or mortgage given to the vendor to secure payment of the
balance of the purchase price of that real property or estate for
years therein, or under a deed of trust or mortgage on a dwelling for
not more than four families given to a lender to secure repayment of
a loan which was in fact used to pay all or part of the purchase
price of that dwelling occupied, entirely or in part, by the
purchaser.
Where both a chattel mortgage and a deed of trust or mortgage have
been given to secure payment of the balance of the combined purchase
price of both real and personal property, no deficiency judgment
shall lie at any time under any one thereof if no deficiency judgment
would lie under the deed of trust or mortgage on the real property
or estate for years therein.
580c. In all cases where existing deeds of trust or mortgages are
judicially foreclosed, unless a different amount is set up in the
mortgage or deed of trust, and in all cases of mortgages and deeds of
trust executed after this act takes effect, the mortgagor or trustor
may be required to pay only such amount as trustee's or attorney's
fees for processing the judicial foreclosure as the court may find
reasonable and also the actual cost of publishing, recording, mailing
and posting notices, litigation guarantee, and litigation cost of
suit.
580d. No judgment shall be rendered for any deficiency upon a note
secured by a deed of trust or mortgage upon real property or an
estate for years therein hereafter executed in any case in which the
real property or estate for years therein has been sold by the
mortgagee or trustee under power of sale contained in the mortgage or
deed of trust.
This section does not apply to any deed of trust, mortgage or
other lien given to secure the payment of bonds or other evidences of
indebtedness authorized or permitted to be issued by the
Commissioner of Corporations, or which is made by a public utility
subject to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code).
580e. (a) No judgment shall be rendered for any deficiency under a
note secured by a first deed of trust or first mortgage for a
dwelling of not more than four units, in any case in which the
trustor or mortgagor sells the dwelling for less than the remaining
amount of the indebtedness due at the time of sale with the written
consent of the holder of the first deed of trust or first mortgage.
Written consent of the holder of the first deed of trust or first
mortgage to that sale shall obligate that holder to accept the sale
proceeds as full payment and to fully discharge the remaining amount
of the indebtedness on the first deed of trust or first mortgage.
(b) If the trustor or mortgagor commits either fraud with respect
to the sale of, or waste with respect to, the real property that
secures the first deed of trust or first mortgage, this section shall
not limit the ability of the holder of the first deed of trust or
first mortgage to seek damages and use existing rights and remedies
against the trustor or mortgagor or any third party for fraud or
waste.
(c) This section shall not apply if the trustor or mortgagor is a
corporation or political subdivision of the state.
580.5. (a) For purposes of this section:
(1) "Beneficiary" means a "beneficiary" as defined in paragraph
(3) of subdivision (a) of Section 5102 of the Commercial Code.
(2) "Issuer" means an "issuer" as defined in paragraph (9) of
subdivision (a) of Section 5102 of the Commercial Code.
(3) "Letter of credit" means a "letter of credit" as defined in
paragraph (10) of subdivision (a) of Section 5102 of the Commercial
Code whether or not the engagement is governed by Division 5
(commencing with Section 5101) of the Commercial Code.
(b) With respect to an obligation which is secured by a mortgage
or a deed of trust upon real property or an estate for years therein
and which is also supported by a letter of credit, neither the
presentment, receipt of payment, or enforcement of a draft or demand
for payment under the letter of credit by the beneficiary of the
letter of credit nor the honor or payment of, or the demand for
reimbursement, receipt of reimbursement or enforcement of any
contractual, statutory or other reimbursement obligation relating to,
the letter of credit by the issuer of the letter of credit shall,
whether done before or after the judicial or nonjudicial foreclosure
of the mortgage or deed of trust or conveyance in lieu thereof,
constitute any of the following:
(1) An action within the meaning of subdivision (a) of Section
726, or a failure to comply with any other statutory or judicial
requirement to proceed first against security.
(2) A money judgment for a deficiency or a deficiency judgment
within the meaning of Section 580a, 580b, or 580d, or subdivision (b)
of Section 726, or the functional equivalent of any such judgment.
(3) A violation of Section 580a, 580b, 580d, or 726.
580.7. (a) For purposes of this section:
(1) "Beneficiary" means a "beneficiary" as defined in paragraph
(3) of subdivision (a) of Section 5102 of the Commercial Code.
(2) "Customer" means an "applicant" as defined in paragraph (2) of
subdivision (a) of Section 5102 of the Commercial Code.
(3) "Letter of credit" means a "letter of credit" as defined in
paragraph (10) of subdivision (a) of Section 5102 of the Commercial
Code whether or not the engagement is governed by Division 5
(commencing with Section 5101) of the Commercial Code.
(b) No letter of credit shall be enforceable by any party thereto
in a loan transaction in which all of the following circumstances
exist:
(1) The customer is a natural person.
(2) The letter of credit is issued to the beneficiary to avoid a
default of the existing loan.
(3) The existing loan is secured by a purchase money deed of trust
or purchase money mortgage on real property containing one to four
residential units, at least one of which is owned and occupied, or
was intended at the time the existing loan was made, to be occupied
by the customer.
(4) The letter of credit is issued after the effective date of
this section.
581. (a) As used in this section:
(1) "Action" means any civil action or special proceeding.
(2) "Complaint" means a complaint and a cross-complaint.
(3) "Court" means the court in which the action is pending.
(4) "Defendant" includes a cross-defendant.
(5) "Plaintiff" includes a cross-complainant.
(6) "Trial." A trial shall be deemed to actually commence at the
beginning of the opening statement or argument of any party or his or
her counsel, or if there is no opening statement, then at the time
of the administering of the oath or affirmation to the first witness,
or the introduction of any evidence.
(b) An action may be dismissed in any of the following instances:
(1) With or without prejudice, upon written request of the
plaintiff to the clerk, filed with papers in the case, or by oral or
written request to the court at any time before the actual
commencement of trial, upon payment of the costs, if any.
(2) With or without prejudice, by any party upon the written
consent of all other parties.
(3) By the court, without prejudice, when no party appears for
trial following 30 days' notice of time and place of trial.
(4) By the court, without prejudice, when dismissal is made
pursuant to the applicable provisions of Chapter 1.5 (commencing with
Section 583.110).
(5) By the court, without prejudice, when either party fails to
appear on the trial and the other party appears and asks for
dismissal.
(c) A plaintiff may dismiss his or her complaint, or any cause of
action asserted in it, in its entirety, or as to any defendant or
defendants, with or without prejudice prior to the actual
commencement of trial.
(d) Except as otherwise provided in subdivision (e), the court
shall dismiss the complaint, or any cause of action asserted in it,
in its entirety or as to any defendant, with prejudice, when upon the
trial and before the final submission of the case, the plaintiff
abandons it.
(e) After the actual commencement of trial, the court shall
dismiss the complaint, or any causes of action asserted in it, in its
entirety or as to any defendants, with prejudice, if the plaintiff
requests a dismissal, unless all affected parties to the trial
consent to dismissal without prejudice or by order of the court
dismissing the same without prejudice on a showing of good cause.
(f) The court may dismiss the complaint as to that defendant when:
(1) Except where Section 597 applies, after a demurrer to the
complaint is sustained without leave to amend and either party moves
for dismissal.
(2) Except where Section 597 applies, after a demurrer to the
complaint is sustained with leave to amend, the plaintiff fails to
amend it within the time allowed by the court and either party moves
for dismissal.
(3) After a motion to strike the whole of a complaint is granted
without leave to amend and either party moves for dismissal.
(4) After a motion to strike the whole of a complaint or portion
thereof is granted with leave to amend the plaintiff fails to amend
it within the time allowed by the court and either party moves for
dismissal.
(g) The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made under the
applicable provisions of Chapter 1.5 (commencing with Section
583.110).
(h) The court may dismiss without prejudice the complaint in
whole, or as to that defendant, when dismissal is made pursuant to
Section 418.10.
(i) No dismissal of an action may be made or entered, or both,
under paragraph (1) of subdivision (b) where affirmative relief has
been sought by the cross-complaint of a defendant or if there is a
motion pending for an order transferring the action to another court
under the provisions of Section 396b.
(j) No dismissal may be made or entered, or both, under paragraph
(1) or (2) of subdivision (b) except upon the written consent of the
attorney for the party or parties applying therefor, or if consent of
the attorney is not obtained, upon order of dismissal by the court
after notice to the attorney.
(k) No action may be dismissed which has been determined to be a
class action under the provisions of this code unless and until
notice that the court deems adequate has been given and the court
orders the dismissal.
(l) The court may dismiss, without prejudice, the complaint in
whole, or as to that defendant when either party fails to appear at
the trial and the other party appears and asks for the dismissal.
(m) The provisions of this section shall not be deemed to be an
exclusive enumeration of the court's power to dismiss an action or
dismiss a complaint as to a defendant.
581c. (a) Only after, and not before, the plaintiff has completed
his or her opening statement, or after the presentation of his or her
evidence in a trial by jury, the defendant, without waiving his or
her right to offer evidence in the event the motion is not granted,
may move for a judgment of nonsuit.
(b) If it appears that the evidence presented, or to be presented,
supports the granting of the motion as to some but not all of the
issues involved in the action, the court shall grant the motion as to
those issues and the action shall proceed as to the issues
remaining. Despite the granting of the motion, no final judgment
shall be entered prior to the termination of the action, but the
final judgment in the action shall, in addition to any matters
determined in the trial, award judgment as determined by the motion
herein provided for.
(c) If the motion is granted, unless the court in its order for
judgment otherwise specifies, the judgment of nonsuit operates as an
adjudication upon the merits.
(d) In actions which arise out of an injury to the person or to
property, when a motion for judgment of nonsuit was granted on the
basis that the defendant was without fault, no other defendant during
trial, over plaintiff's objection, may attempt to attribute fault to
or comment on the absence or involvement of the defendant who was
granted the motion.
581d. A written dismissal of an action shall be entered in the
clerk's register and is effective for all purposes when so entered.
All dismissals ordered by the court shall be in the form of a
written order signed by the court and filed in the action and those
orders when so filed shall constitute judgments and be effective for
all purposes, and the clerk shall note those judgments in the
register of actions in the case.
582. In all other cases judgment shall be rendered on the merits.
582.5. In a limited civil case in which the defendant has appeared,
if the judgment or order is for the payment of money by the
defendant, the defendant shall pay the judgment immediately or at any
time and upon terms and conditions, including installment payments,
that the court may prescribe. The court may amend the terms and
conditions for payment of the judgment or order at any time to
provide for installment payments for good cause upon motion by a
party and notice to all affected parties, regardless of the nature of
the underlying debt and regardless of whether the moving party
appeared before entry of the judgment or order. In any determination
regarding the imposition of terms and conditions upon the payment of
the judgment, the court shall consider any factors that would be
relevant to the determination of a claim for exemption pursuant to
Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9
of Part 2 or the examination of a debtor pursuant to Article 2
(commencing with Section 708.110) of Chapter 6 of Division 2 of Title
9.
