Statute · California Code of Civil Procedure
Cal. Civ. Proc. Code § 1138 — Submitting a Controversy Without Action
Cal. Civ. Proc. Code § 1138
- Type
- Statute
- Source
- California Code of Civil Procedure
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
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…
Citator
Cal. Civ. Proc. Code § 1138 — Submitting a Controversy Without Action is in force in the current edition of the Code, and nothing recorded condemns it.
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.