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California Law Revision Commission

-- Last revised 11/29/05 --

Civil Procedure: Technical Corrections - Study J-1320-1

    The Commission has been studying whether any technical changes should be made to civil procedure following trial court unification. In 2001, the Commission recommended the following changes:

(1) The jurisdictional classification of a proceeding to release a mechanic's lien should be clarified (Civ. Code § 3154; Code Civ. Proc. § 86).

(2) The jurisdictional classification of a petition for relief from claim-filing requirements of the Tort Claims Act should be clarified (Gov't Code § 946.6).

(3) The codes should be revised to reflect that trial courts no longer maintain a record denominated a "docket" in civil cases.

(4) A provision on statutory interpretation should be added to negate any implied limitation on court authority in limited and unlimited civil cases (Proposed Code Civ. Proc. § 89).

    The Commission's recommendation was enacted by the Legislature. See below.

    If you have questions or comments on this study, please send email to Barbara Gaal at bgaal@clrc.ca.gov.

Related Material


Legislation

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Final Recommendation

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Tentative Recommendations and Other Requests for Comment

Top | CLRC Homepage

Staff Memoranda

Top | CLRC Homepage
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