Civil: Trial Court Powers
“Courts have fundamental inherent equity, supervisory, and administrative powers, as well as the inherent power…
Civil: Trial Court Proceedings, Generally
“Numerous statutes and court rules regulate court facilities and proceedings. For example: Proceedings in English. Every…
Civil: California Supreme Court
“The California supreme court has original jurisdiction in some limited matters and appellate jurisdiction when:…
Civil: Intermediate Courts of Appeal
“The courts of appeal in California have appellate jurisdiction when the superior courts have original…
Civil: Superior Courts
“The superior courts are the primary trial courts in California, with unlimited monetary and general…
Civil: Affirmative Defense, Payment
“Section 1478 of the Civil Code provides: “Performance of an obligation for the delivery of…
Civil: Affirmative Defense, Contract Destruction or Material Alteration
“Section 1699 of the Civil Code provides: “The destruction or cancellation of a written contract,…
Civil: Affirmative Defense, Modification of Contract
“Once made, both oral and written contracts may be modified by the mutual assent of…
Civil: Affirmative Defense, Novation
“Civil Code section 1530 defines ‘novation’ as ‘the substitution of a new obligation for an…
Civil: Affirmative Defense, Accord & Satisfaction
“Pursuant to section 1521 of the Civil Code, an “accord” is “an agreement to accept,…