California Code of Civil Procedure 1541 – Any person aggrieved by a decision of the Controller or as to whose …
Any person aggrieved by a decision of the Controller or as to whose claim the Controller has failed to make a decision within 180 days after the filing of the claim, may commence an action, naming the Controller as a defendant, to establish his or her claim in the superior court in any county or city and county in which the Attorney General has an office. The action shall be brought within 90 days after the decision of the Controller or within 270 days from the filing of the claim if the Controller fails to make a decision. The summons and a copy of the complaint shall be served upon the Controller and the Attorney General and the Controller shall have 60 days within which to respond by answer. The action shall be tried without a jury.
(Amended by Stats. 2003, Ch. 228, Sec. 9. Effective August 11, 2003.)
Terms Used In California Code of Civil Procedure 1541
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: includes "city and county. See California Code of Civil Procedure 17
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means any individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in his or her own right or in a representative or fiduciary capacity. See California Code of Civil Procedure 1501
- Summons: Another word for subpoena used by the criminal justice system.