Code of Civil Procedure - CCP § [1281.8.]

Cal. CCP § [1281.8.]

California Statutes

(

a) As used in this section, “provisional remedy” includes the following:

(1) Attachments and temporary protective orders issued pursuant to Title 6.5 (commencing with

Section 481.010) of

Part 2.

(2) Writs of possession issued pursuant to

Article 2 (commencing with

Section 512.010) of

Chapter of Title of

Part 2.

(3) Preliminary injunctions and temporary restraining orders issued pursuant to

Section 527.

(4) Receivers appointed pursuant to

Section 564. (

b) A party to an arbitration agreement may file in the court in the county in which an arbitration proceeding is pending, or if an arbitration proceeding has not commenced, in any proper court, an application for a provisional remedy in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief. The application shall be accompanied by a complaint or by copies of the demand for arbitration and any response thereto.

If accompanied by a complaint, the application shall also be accompanied by a statement stating whether the party is or is not reserving the party’s right to arbitration. (

c) A claim by the party opposing issuance of a provisional remedy, that the controversy is not subject to arbitration, shall not be grounds for denial of any provisional remedy. (

d) An application for a provisional remedy under subdivision (

b) shall not operate to waive any right of arbitration which the applicant may have pursuant to a written agreement to arbitrate, if, at the same time as the application for a provisional remedy is presented, the applicant also presents to the court an application that all other proceedings in the action be stayed pending the arbitration of any issue, question, or dispute which is claimed to be arbitrable under the agreement and which is relevant to the action pursuant to which the provisional remedy is sought.

Document details

CollectionCalifornia Statutes
CitationCal. CCP § [1281.8.]
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP[1281.8.]19894702

Code of Civil Procedure - CCP § [1281.8.]

Cal. CCP § [1281.8.]

California Statutes

Code of Civil Procedure - CCP § [1281.8.]

Cal. CCP § [1281.8.]

California Statutes

(

a) As used in this section, “provisional remedy” includes the following:

(1) Attachments and temporary protective orders issued pursuant to Title 6.5 (commencing with

Section 481.010) of

Part 2.

(2) Writs of possession issued pursuant to

Article 2 (commencing with

Section 512.010) of

Chapter of Title of

Part 2.

(3) Preliminary injunctions and temporary restraining orders issued pursuant to

Section 527.

(4) Receivers appointed pursuant to

Section 564. (

b) A party to an arbitration agreement may file in the court in the county in which an arbitration proceeding is pending, or if an arbitration proceeding has not commenced, in any proper court, an application for a provisional remedy in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without provisional relief. The application shall be accompanied by a complaint or by copies of the demand for arbitration and any response thereto.

If accompanied by a complaint, the application shall also be accompanied by a statement stating whether the party is or is not reserving the party’s right to arbitration. (

c) A claim by the party opposing issuance of a provisional remedy, that the controversy is not subject to arbitration, shall not be grounds for denial of any provisional remedy. (

d) An application for a provisional remedy under subdivision (

b) shall not operate to waive any right of arbitration which the applicant may have pursuant to a written agreement to arbitrate, if, at the same time as the application for a provisional remedy is presented, the applicant also presents to the court an application that all other proceedings in the action be stayed pending the arbitration of any issue, question, or dispute which is claimed to be arbitrable under the agreement and which is relevant to the action pursuant to which the provisional remedy is sought.

Document details

CollectionCalifornia Statutes
CitationCal. CCP § [1281.8.]
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP[1281.8.]19894702