California § 1138. 1138. (Enacted 1872.)

California Statutes

§ 1138. — 1138. (Enacted 1872.)

California § 1138.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title3.

Part 3.TITLE 3. OF SUMMARY PROCEEDINGS

Ch. 2.CHAPTER 2. Submitting a Controversy Without Action

This text of California § 1138. (1138. (Enacted 1872.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 1138. (2026).

Text

Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The Court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.

Free access — add to your briefcase to read the full text and ask questions with AI

Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The Court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.

Legislative History

Enacted 1872.

View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)

California § 1138., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/CCP/1138..