PART II. CIVIL ACTIONS. TITLE I FORM OF CIVIL ACTIONS. §§ 307-309. II. TIME OF COMMENCING CIVIL ACTIONS. §§ 312-363. V. MANNER OF COMMENCING CIVIL ACTIONS. §§ 405-416. VIII. VII. PROVISIONAL REMEDIES IN CIVIL ACTIONS. §§ 478-574. IX. XI. PROCEEDINGS IN JUSTICES' COURTS. §§ 832-926. XII. PROCEEDINGS IN CIVIL ACTIONS IN POLICE COURTS. §§ 929-933. APPEALS IN CIVIL ACTIONS. §§ 936-980. XIII. XIV. One form of civil action only. § 307. There is in this state but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs. Legislation § 307. Enacted March 11, 1872; based on Practice Act, § 1 (New York Code, § 69), which had (1) "shall be" instead of "is," (2) "action" instead of "actions," and (3) "right" instead of "rights." Citations. Cal. 69/267; 75/521; 88/443; 93/57; 99/171; 105/408; 106/ 657; 117/6; 126/634; 150/628. Prac. Act: Cal. (§ 1) 1/173. Parties to actions, how designated. §308. In such action the party complaining is known as the plaintiff, and the adverse party as the defendant. Legislation § 308. Enacted March 11, 1872; based on Practice Act, § 2 (New York Code, § 70), which had the words "shall be" instead of “is." Special issues not made by pleadings, how tried. § 309. A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial. Legislation § 309. Enacted March 11, 1872; based on Practice Act, § 3, which read: "When a question of fact not put in issue by the pleadings is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried; and such order shall be the only authority necessary for a trial." Citations. Cal. 67/62. Prac. Act: Cal. (§ 3) 42/628. TITLE II. Time of Commencing Civil Actions. Chapter I. Time of Commencing Actions in General. II. III. § 312. Time of Commencing Action for Recovery of Real Property. §§ 315 328. Time of Commencing Actions Other than for Recovery of Real Property. §§ 335-349. IV. General Provisions as to Time of Commencing Actions. §§ 350-363. CHAPTER I. Time of Commencing Actions in General. § 312. Commencement of civil actions. Commencement of civil actions. § 312. Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute. Legislation § 312. 1. Enacted March 11, 1872; based on Stats. 1850, p. 343, 2. Amended by Stats. 1897, p. 16, (1) omitting the words "without exception" after "civil actions," and (2) changing the word "unless" from "except." Citations. Cal. 54/150; 74/479; 89/538; 92/629; 99/503, 614; 115/172; 121/198; 134/468, 470; 143/223; 144/248, 249; 147/558; 148/292, 298. App. 1/620, 622. CHAPTER II. Time of Commencing Actions for Recovery of Real Property. When action cannot be brought by grantee from the state. When actions by the people or their grantees are to be brought within five years. Seisin within five years, when necessary in action for real property. § 316. § 317. § 318. § 319. § 320. Entry on real estate. § 321. § 322. § 323. § 324. § 325. § 326. § 327. § 328. Such seisin, when necessary in action or defense arising out of title to or rents of real property. Possession, when presumed. Occupation deemed under legal title, unless Occupation under written instrument or judgment, when deemed adverse. Right of possession not affected by descent cast. Certain disabilities excluded from time to commence actions. When the people will not sue. § 315. The people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless 1. Such right or title shall have accrued within ten years before any action or other proceeding for the same is commenced; or, 2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years. Legislation § 315. Enacted March 11, 1872; based on Stats. 1850, p. 343. Citations. Cal. 63/307, 310; 66/563, 564; 67/663; 83/286, 287, 288; 98/ 402; 152/732, 738, 739. App. 3/601. Title by occupancy: Civ. Code, § 1007. When action cannot be brought by grantee from the state. § 316. No action can be brought for or in respect to real property by any person claiming under letters patent or grants from this state, unless the same might have been commenced by the people as herein specified, in case such patent had not been issued or grant made. Legislation § 316. Enacted March 11, 1872; based on Stats. 1850, p. 343. Citations. Cal. 63/307, 310; 67/663; 83/286, 287; 122/157. App. 3/601. When actions by the people or their grantees are to be brought within five years. § 317. When letters patent or grants of real property issued or made by the people of this state, are declared void by the determination of a competent court, an action for the recovery of the property so conveyed may be brought, either by the people of the state, or by any subsequent patentee or grantee of the property, his heirs or assigns, within five years after such determination, but not after that period. Legislation § 317. 1. Enacted March 11, 1872; based on Stats. 1850, p. 343. 2. Amended by Code Amdts. 1873-74, p. 291, (1) omitting, after "compe tent court," the clause, "rendered upon an allegation of a fraudulent suggestion, or concealment, or forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, in such case"; (2) changing the word "the" from "this," in the words "people of the state"; and (3) omitting the word "same" before "property," in the words "grantee of the property." Seisin within five years, when necessary in action for real property. § 318. No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the property in question, within five years before the commencement of the action. Legislation § 318. Enacted March 11, 1872; based on Stats. 1863, p. 325. Citations. Cal. 48/408; 55/95; 58/23; 63/267, 307; 65/116; 66/111; 67/ 663, 68/348, 351, 352, 563; 69/130; 71/346, 348; 72/269; 77/258; 80/465, 495, 503; 83/287; 84/543, 586; 85/443; 89/538; 90/228; 91/413, 415, 502; D2/454, 666; 95/125; 96/312, 465; 97/52, 157; 101/243, 244; 109/275; 112/ 441, 442, 443; 117/57; 119/312; 122/50, 157; 124/480; 125/259; 129/9, gode Civ. Proc.-8 |