California Codes, Code of Civil Procedure - CCP, Part 3 — Of Special Proceedings of a Civil Nature, Title 3 — Of Summary Proceedings, Chapter 2 — Submitting a Controversy Without Action, Section 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.

Notes

Allows parties to a real dispute that could support a civil action to submit an agreed factual case directly to a court with jurisdiction, without filing an action. Requires an affidavit showing a genuine controversy and good-faith proceedings, and requires the court to hear, determine, and enter judgment as if an action were pending.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 1138 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-3/title-3/chapter-2/section-1138

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