955. The proper court for trial of actions against the State for
the taking or damaging of private property for public use is a court
of competent jurisdiction in the county in which the property is
situate.
Except as provided in Sections 955.2 and 955.3, upon written
demand of the Attorney General made on or before answering, the place
of trial in other actions shall be changed to Sacramento County.
955.1. (a) The science of earthquake prediction is developing
rapidly and, although still largely in a research stage, such
predictions are now being initiated and are certain to continue into
the future. Administrative procedures exist within the California
Emergency Management Agency to advise the Governor on the validity of
earthquake predictions. Numerous important actions can be taken by
state and local governments and special districts to protect life and
property in response to earthquake predictions and associated
warnings. It is the intent of this legislation to ensure that such
actions are taken in the public interest by government agencies
acting in a responsible manner without fear of consequent financial
liabilities.
(b) The Governor may, at his or her discretion, issue a warning as
to the existence of an earthquake or volcanic prediction determined
to have scientific validity. The state and its agencies and employees
shall not be liable for any injury resulting from the issuance or
nonissuance of a warning pursuant to this subdivision or for any acts
or omissions in fact gathering, evaluation, or other activities
leading up to the issuance or nonissuance of a warning.
(c) Public entities and public employees may, on the basis of a
warning issued pursuant to subdivision (b), take, or fail or refuse
to take, any action or execute or fail or refuse to execute any
earthquake or volcanic prediction response plan with relation to the
warning which is otherwise authorized by law. In taking, or failing
or refusing to take, such action, neither public entities nor public
employees shall be liable for any injuries caused thereby or for any
injuries resulting from the preparation of, or failure or refusal to
prepare, any earthquake hazard or damage prediction maps, plans for
evacuation of endangered areas, and other plan elements.
(d) An earthquake or volcanic warning issued by the Governor
pursuant to subdivision (b) is a sufficient basis for a declaration
of a state of emergency or local emergency as defined by Section
8558. Public entities and public employees shall be immune from
liability in accordance with all immunity provisions applicable
during such state of emergency or local emergency.
955.2. Notwithstanding any other provision of law, where the State
is named as a defendant in any action or proceeding for death or
injury to person or personal property and the injury or the injury
causing death occurred within this State, the proper court for the
trial of the action is a court of competent jurisdiction in the
county where the injury occurred or where the injury causing death
occurred. The court may, on motion, change the place of the trial in
the same manner and under the same circumstances as the place of
trial may be changed where an action is between private parties.
955.3. Notwithstanding any provision of law, when a city, county,
or city and county, or local agency is a plaintiff in an action or
proceeding against the State of California, the action may be tried
in any city or county, or city and county, where the city, county, or
city and county, or local agency is situated.
The Attorney General may, on behalf of the State of California,
before answering, move to change the place of trial to Sacramento
County in accordance with the provisions of Section 397 of the Code
of Civil Procedure.
For the purposes of this section, "local agency" means any
governmental district, board, or agency, or any other local
governmental body or corporation, or elected local public official,
but shall not include the State of California or any of its agencies,
departments, commissions, or boards, or elected public officials in
the executive branch of the state government.
955.4. Except as provided in Sections 811.9, 955.6, 955.8, and
955.9:
(a) Service of summons in all actions on claims against the state
shall be made on the Attorney General.
(b) The Attorney General shall defend all actions on claims
against the state.
955.6. In actions for the taking or damaging of private property
for public use within the meaning of Section 19 of Article I of the
Constitution on claims arising out of work done by the Department of
Transportation:
(a) Service of summons shall be made on the Attorney General or
the Director of Transportation.
(b) The defense shall be conducted by the attorney for the
Department of Transportation.
955.8. In actions for the taking or damaging of private property
for public use within the meaning of Section 14 of Article I of the
Constitution on claims arising out of work done by the Department of
Water Resources:
(a) Service of summons shall be made on the Attorney General or
the Director of Water Resources.
(b) The defense shall be conducted by the legal counsel of the
department, if authorized by the Attorney General pursuant to Section
127 of the Water Code; otherwise the defense shall be conducted by
the Attorney General.
955.9. In actions on claims against a judicial branch entity,
service of summons shall be made on:
(a) The court executive officer, in actions on claims against a
superior court or a judge thereof.
(b) The Clerk/Administrator of the Court of Appeal, in actions on
claims against a court of appeals or a judge thereof.
(c) The Clerk of the Supreme Court, in actions on claims against
the Supreme Court or a judge thereof.
(d) The Secretariat of the Judicial Council, in actions on claims
against the Judicial Council or the Administrative Office of the
Courts.
956. Whenever the State has acquired by gift, under the will of a
decedent or through a decree of distribution in the estate of a
decedent, or otherwise than by purchase or the exercise of the power
of eminent domain, a remainder interest, whether contingent or
vested, in real property, or an undivided fractional interest in real
property, the holder or holders of the precedent estate or of other
undivided fractional interests, as the case may be, may join the
State as a party defendant in any action to partition said property,
brought pursuant to the Code of Civil Procedure or in any action in
declaratory relief brought pursuant to the Code of Civil Procedure.
In the complaint in any such action the nature of the interest of the
State shall be set forth and the manner in which the same was
acquired and process in any such action shall be served upon the
Attorney General and the Director of Finance. In any such action the
Attorney General shall represent the State and may on behalf of the
State execute such stipulations, disclaimers or consents as may be
appropriate.
955. The proper court for trial of actions against the State for
the taking or damaging of private property for public use is a court
of competent jurisdiction in the county in which the property is
situate.
Except as provided in Sections 955.2 and 955.3, upon written
demand of the Attorney General made on or before answering, the place
of trial in other actions shall be changed to Sacramento County.
955.1. (a) The science of earthquake prediction is developing
rapidly and, although still largely in a research stage, such
predictions are now being initiated and are certain to continue into
the future. Administrative procedures exist within the California
Emergency Management Agency to advise the Governor on the validity of
earthquake predictions. Numerous important actions can be taken by
state and local governments and special districts to protect life and
property in response to earthquake predictions and associated
warnings. It is the intent of this legislation to ensure that such
actions are taken in the public interest by government agencies
acting in a responsible manner without fear of consequent financial
liabilities.
(b) The Governor may, at his or her discretion, issue a warning as
to the existence of an earthquake or volcanic prediction determined
to have scientific validity. The state and its agencies and employees
shall not be liable for any injury resulting from the issuance or
nonissuance of a warning pursuant to this subdivision or for any acts
or omissions in fact gathering, evaluation, or other activities
leading up to the issuance or nonissuance of a warning.
(c) Public entities and public employees may, on the basis of a
warning issued pursuant to subdivision (b), take, or fail or refuse
to take, any action or execute or fail or refuse to execute any
earthquake or volcanic prediction response plan with relation to the
warning which is otherwise authorized by law. In taking, or failing
or refusing to take, such action, neither public entities nor public
employees shall be liable for any injuries caused thereby or for any
injuries resulting from the preparation of, or failure or refusal to
prepare, any earthquake hazard or damage prediction maps, plans for
evacuation of endangered areas, and other plan elements.
(d) An earthquake or volcanic warning issued by the Governor
pursuant to subdivision (b) is a sufficient basis for a declaration
of a state of emergency or local emergency as defined by Section
8558. Public entities and public employees shall be immune from
liability in accordance with all immunity provisions applicable
during such state of emergency or local emergency.
955.2. Notwithstanding any other provision of law, where the State
is named as a defendant in any action or proceeding for death or
injury to person or personal property and the injury or the injury
causing death occurred within this State, the proper court for the
trial of the action is a court of competent jurisdiction in the
county where the injury occurred or where the injury causing death
occurred. The court may, on motion, change the place of the trial in
the same manner and under the same circumstances as the place of
trial may be changed where an action is between private parties.
955.3. Notwithstanding any provision of law, when a city, county,
or city and county, or local agency is a plaintiff in an action or
proceeding against the State of California, the action may be tried
in any city or county, or city and county, where the city, county, or
city and county, or local agency is situated.
The Attorney General may, on behalf of the State of California,
before answering, move to change the place of trial to Sacramento
County in accordance with the provisions of Section 397 of the Code
of Civil Procedure.
For the purposes of this section, "local agency" means any
governmental district, board, or agency, or any other local
governmental body or corporation, or elected local public official,
but shall not include the State of California or any of its agencies,
departments, commissions, or boards, or elected public officials in
the executive branch of the state government.
955.4. Except as provided in Sections 811.9, 955.6, 955.8, and
955.9:
(a) Service of summons in all actions on claims against the state
shall be made on the Attorney General.
(b) The Attorney General shall defend all actions on claims
against the state.
955.6. In actions for the taking or damaging of private property
for public use within the meaning of Section 19 of Article I of the
Constitution on claims arising out of work done by the Department of
Transportation:
(a) Service of summons shall be made on the Attorney General or
the Director of Transportation.
(b) The defense shall be conducted by the attorney for the
Department of Transportation.
955.8. In actions for the taking or damaging of private property
for public use within the meaning of Section 14 of Article I of the
Constitution on claims arising out of work done by the Department of
Water Resources:
(a) Service of summons shall be made on the Attorney General or
the Director of Water Resources.
(b) The defense shall be conducted by the legal counsel of the
department, if authorized by the Attorney General pursuant to Section
127 of the Water Code; otherwise the defense shall be conducted by
the Attorney General.
955.9. In actions on claims against a judicial branch entity,
service of summons shall be made on:
(a) The court executive officer, in actions on claims against a
superior court or a judge thereof.
(b) The Clerk/Administrator of the Court of Appeal, in actions on
claims against a court of appeals or a judge thereof.
(c) The Clerk of the Supreme Court, in actions on claims against
the Supreme Court or a judge thereof.
(d) The Secretariat of the Judicial Council, in actions on claims
against the Judicial Council or the Administrative Office of the
Courts.
956. Whenever the State has acquired by gift, under the will of a
decedent or through a decree of distribution in the estate of a
decedent, or otherwise than by purchase or the exercise of the power
of eminent domain, a remainder interest, whether contingent or
vested, in real property, or an undivided fractional interest in real
property, the holder or holders of the precedent estate or of other
undivided fractional interests, as the case may be, may join the
State as a party defendant in any action to partition said property,
brought pursuant to the Code of Civil Procedure or in any action in
declaratory relief brought pursuant to the Code of Civil Procedure.
In the complaint in any such action the nature of the interest of the
State shall be set forth and the manner in which the same was
acquired and process in any such action shall be served upon the
Attorney General and the Director of Finance. In any such action the
Attorney General shall represent the State and may on behalf of the
State execute such stipulations, disclaimers or consents as may be
appropriate.
955. The proper court for trial of actions against the State for
the taking or damaging of private property for public use is a court
of competent jurisdiction in the county in which the property is
situate.
Except as provided in Sections 955.2 and 955.3, upon written
demand of the Attorney General made on or before answering, the place
of trial in other actions shall be changed to Sacramento County.
955.1. (a) The science of earthquake prediction is developing
rapidly and, although still largely in a research stage, such
predictions are now being initiated and are certain to continue into
the future. Administrative procedures exist within the California
Emergency Management Agency to advise the Governor on the validity of
earthquake predictions. Numerous important actions can be taken by
state and local governments and special districts to protect life and
property in response to earthquake predictions and associated
warnings. It is the intent of this legislation to ensure that such
actions are taken in the public interest by government agencies
acting in a responsible manner without fear of consequent financial
liabilities.
(b) The Governor may, at his or her discretion, issue a warning as
to the existence of an earthquake or volcanic prediction determined
to have scientific validity. The state and its agencies and employees
shall not be liable for any injury resulting from the issuance or
nonissuance of a warning pursuant to this subdivision or for any acts
or omissions in fact gathering, evaluation, or other activities
leading up to the issuance or nonissuance of a warning.
(c) Public entities and public employees may, on the basis of a
warning issued pursuant to subdivision (b), take, or fail or refuse
to take, any action or execute or fail or refuse to execute any
earthquake or volcanic prediction response plan with relation to the
warning which is otherwise authorized by law. In taking, or failing
or refusing to take, such action, neither public entities nor public
employees shall be liable for any injuries caused thereby or for any
injuries resulting from the preparation of, or failure or refusal to
prepare, any earthquake hazard or damage prediction maps, plans for
evacuation of endangered areas, and other plan elements.
(d) An earthquake or volcanic warning issued by the Governor
pursuant to subdivision (b) is a sufficient basis for a declaration
of a state of emergency or local emergency as defined by Section
8558. Public entities and public employees shall be immune from
liability in accordance with all immunity provisions applicable
during such state of emergency or local emergency.
955.2. Notwithstanding any other provision of law, where the State
is named as a defendant in any action or proceeding for death or
injury to person or personal property and the injury or the injury
causing death occurred within this State, the proper court for the
trial of the action is a court of competent jurisdiction in the
county where the injury occurred or where the injury causing death
occurred. The court may, on motion, change the place of the trial in
the same manner and under the same circumstances as the place of
trial may be changed where an action is between private parties.
955.3. Notwithstanding any provision of law, when a city, county,
or city and county, or local agency is a plaintiff in an action or
proceeding against the State of California, the action may be tried
in any city or county, or city and county, where the city, county, or
city and county, or local agency is situated.
The Attorney General may, on behalf of the State of California,
before answering, move to change the place of trial to Sacramento
County in accordance with the provisions of Section 397 of the Code
of Civil Procedure.
For the purposes of this section, "local agency" means any
governmental district, board, or agency, or any other local
governmental body or corporation, or elected local public official,
but shall not include the State of California or any of its agencies,
departments, commissions, or boards, or elected public officials in
the executive branch of the state government.
955.4. Except as provided in Sections 811.9, 955.6, 955.8, and
955.9:
(a) Service of summons in all actions on claims against the state
shall be made on the Attorney General.
(b) The Attorney General shall defend all actions on claims
against the state.
955.6. In actions for the taking or damaging of private property
for public use within the meaning of Section 19 of Article I of the
Constitution on claims arising out of work done by the Department of
Transportation:
(a) Service of summons shall be made on the Attorney General or
the Director of Transportation.
(b) The defense shall be conducted by the attorney for the
Department of Transportation.
955.8. In actions for the taking or damaging of private property
for public use within the meaning of Section 14 of Article I of the
Constitution on claims arising out of work done by the Department of
Water Resources:
(a) Service of summons shall be made on the Attorney General or
the Director of Water Resources.
(b) The defense shall be conducted by the legal counsel of the
department, if authorized by the Attorney General pursuant to Section
127 of the Water Code; otherwise the defense shall be conducted by
the Attorney General.
955.9. In actions on claims against a judicial branch entity,
service of summons shall be made on:
(a) The court executive officer, in actions on claims against a
superior court or a judge thereof.
(b) The Clerk/Administrator of the Court of Appeal, in actions on
claims against a court of appeals or a judge thereof.
(c) The Clerk of the Supreme Court, in actions on claims against
the Supreme Court or a judge thereof.
(d) The Secretariat of the Judicial Council, in actions on claims
against the Judicial Council or the Administrative Office of the
Courts.
956. Whenever the State has acquired by gift, under the will of a
decedent or through a decree of distribution in the estate of a
decedent, or otherwise than by purchase or the exercise of the power
of eminent domain, a remainder interest, whether contingent or
vested, in real property, or an undivided fractional interest in real
property, the holder or holders of the precedent estate or of other
undivided fractional interests, as the case may be, may join the
State as a party defendant in any action to partition said property,
brought pursuant to the Code of Civil Procedure or in any action in
declaratory relief brought pursuant to the Code of Civil Procedure.
In the complaint in any such action the nature of the interest of the
State shall be set forth and the manner in which the same was
acquired and process in any such action shall be served upon the
Attorney General and the Director of Finance. In any such action the
Attorney General shall represent the State and may on behalf of the
State execute such stipulations, disclaimers or consents as may be
appropriate.
