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Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP § 1138 - last updated January 01, 2025 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1138/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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