2007 California Code of Civil Procedure Article 1. Definitions And General Provisions

CA Codes (ccp:583.110-583.161)

583.110.  As used in this chapter, unless the provision or context
otherwise requires:
   (a) "Action" includes an action commenced by cross-complaint or
other pleading that asserts a cause of action or claim for relief.
   (b) "Complaint" includes a cross-complaint or other initial
pleading.
   (c) "Court" means the court in which the action is pending.
   (d) "Defendant" includes a cross-defendant or other person against
whom an action is commenced.
   (e) "Plaintiff" includes a cross-complainant or other person by
whom an action is commenced.
   (f) "Service" includes return of summons.



583.120.  (a) This chapter applies to a civil action and does not
apply to a special proceeding except to the extent incorporated by
reference in the special  proceeding.
   (b) Notwithstanding subdivision (a), the court may, by rule or
otherwise under inherent authority of the court, apply this chapter
to a special proceeding or part of a special proceeding except to the
extent such application would be inconsistent with the character of
the special proceeding or the statute governing the special
proceeding.



583.130.  It is the policy of the state that a plaintiff shall
proceed with reasonable diligence in the prosecution of an action but
that all parties shall cooperate in bringing the action to trial or
other disposition.  Except as otherwise provided by statute or by
rule of court adopted pursuant to statute, the policy favoring the
right of parties to make stipulations in their own interests and the
policy favoring trial or other disposition of an action on the merits
are generally to be preferred over the policy that requires
dismissal for failure to proceed with reasonable diligence in the
prosecution of an action in construing the provisions of this
chapter.



583.140.  Nothing in this chapter abrogates or otherwise affects the
principles of waiver and estoppel.



583.150.  This chapter does not limit or affect the authority of a
court to dismiss an action or impose other sanctions under a rule
adopted by the court pursuant to Section 575.1 or by the Judicial
Council pursuant to statute, or otherwise under inherent authority of
the court.



583.160.  This chapter applies to a motion for dismissal made in an
action commenced before, on, or after the effective date of this
chapter, except that in the case of an action commenced before the
effective date of this chapter:
   (a) A motion for dismissal made pursuant to notice given before,
on, or within one year after the effective date of this chapter is
governed by the applicable law in effect immediately before the
effective date and for this purpose the law in effect immediately
before the effective date continues in effect.
   (b) This chapter does not affect an order dismissing an action
made before the effective date of this chapter.



583.161.  No petition filed pursuant to Section 2330 of the Family
Code shall be dismissed pursuant to this chapter if any of the
following conditions exist:
   (a) An order for child support has been issued in connection with
the proceeding and the order has not been (1) terminated by the court
or (2) terminated by operation of law pursuant to Sections 3900,
3901, 4007, and 4013 of the Family Code.
   (b) An order for spousal support has been issued in connection
with the proceeding and the order has not been terminated by the
court.
   (c) The petition is for dissolution of the marriage and a separate
trial on the issue of the status of the marriage has been conducted
pursuant to Section 2337 of the Family Code.