Chapter 2. Submitting a Controversy Without Action - California Code of Civil Procedure Section 1138

1138.  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.
Section: 1138  1139  1140  Next

Last modified: February 16, 2015