California Code of Civil Procedure

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 6 GENERAL PROVISIONS RESPECTING
COURTS OF JUSTICE
Article 2.  Incidental Powers and Duties of Courts
Sections 128-129


 

Chapter 6 GENERAL PROVISIONS RESPECTING
COURTS OF JUSTICE
Article 2.  Incidental Powers and Duties of Courts
Sections 128-129

 

CODE OF CIVIL PROCEDURE
SECTION 128

128.  (a) Every court shall have the power to do all of the
following:
   (1) To preserve and enforce order in its immediate presence.
   (2) To enforce order in the proceedings before it, or before a
person or persons empowered to conduct a judicial investigation under
its authority.
   (3) To provide for the orderly conduct of proceedings before it,
or its officers.
   (4) To compel obedience to its judgments, orders, and process, and
to the orders of a judge out of court, in an action or proceeding
pending therein.
   (5) To control in furtherance of justice, the conduct of its
ministerial officers, and of all other persons in any manner
connected with a judicial proceeding before it, in every matter
pertaining thereto.
   (6) To compel the attendance of persons to testify in an action or
proceeding pending therein, in the cases and manner provided in this
code.
   (7) To administer oaths in an action or proceeding pending
therein, and in all other cases where it may be necessary in the
exercise of its powers and duties.
   (8) To amend and control its process and orders so as to make them
conform to law and justice.  An appellate court shall not reverse or
vacate a duly entered judgment upon an agreement or stipulation of
the parties unless the court finds both of the following:
   (A) There is no reasonable possibility that the interests of
nonparties or the public will be adversely affected by the reversal.

   (B) The reasons of the parties for requesting reversal outweigh
the erosion of public trust that may result from the nullification of
a judgment and the risk that the availability of stipulated reversal
will reduce the incentive for pretrial settlement.
   (b) Notwithstanding Section 1211 or any other law, if an order of
contempt is made affecting an attorney, his or her agent,
investigator, or any person acting under the attorney's direction, in
the preparation and conduct of any action or proceeding, the
execution of any sentence shall be stayed pending the filing within
three judicial days of a petition for extraordinary relief testing
the lawfulness of the court's order, the violation of which is the
basis of the contempt except for the conduct as may be proscribed by
subdivision (b) of Section 6068 of the Business and Professions Code,
relating to an attorney's duty to maintain respect due to the courts
and judicial officers.
   (c) Notwithstanding Section 1211 or any other law, if an order of
contempt is made affecting a public safety employee acting within the
scope of employment for reason of the employee's failure to comply
with a duly issued subpoena or subpoena duces tecum, the execution of
any sentence shall be stayed pending the filing within three
judicial days of a petition for extraordinary relief testing the
lawfulness of the court's order, a violation of which is the basis
for the contempt.
   As used in this subdivision, "public safety employee" includes any
peace officer, firefighter, paramedic, or any other employee of a
public law enforcement agency whose duty is either to maintain
official records or to analyze or present evidence for investigative
or prosecutorial purposes.
   (d) Notwithstanding Section 1211 or any other law, if an order of
contempt is made affecting the victim of a sexual assault, where the
contempt consists of refusing to testify concerning that sexual
assault, the execution of any sentence shall be stayed pending the
filing within three judicial days of a petition for extraordinary
relief testing the lawfulness of the court's order, a violation of
which is the basis for the contempt.
   As used in this subdivision, "sexual assault" means any act made
punishable by Section 261, 262, 264.1, 285, 286, 288, 288a, or 289 of
the Penal Code.
   (e) Notwithstanding Section 1211 or any other law, if an order of
contempt is made affecting the victim of domestic violence, where the
contempt consists of refusing to testify concerning that domestic
violence, the execution of any sentence shall be stayed pending the
filing within three judicial days of a petition for extraordinary
relief testing the lawfulness of the court's order, a violation of
which is the basis for the contempt.
   As used in this subdivision, the term "domestic violence" means
"domestic violence" as defined in Section 6211 of the Family Code.
   (f) Notwithstanding Section 1211 or any other provision of law, no
order of contempt shall be made affecting a county government or any
member of its governing body acting pursuant to its constitutional
or statutory authority unless the court finds, based on a review of
evidence presented at a hearing conducted for this purpose, that
either of the following conditions exist:
   (1) That the county has the resources necessary to comply with the
order of the court.
   (2) That the county has the authority, without recourse to voter
approval or without incurring additional indebtedness, to generate
the additional resources necessary to comply with the order of the
court, that compliance with the order of the court will not expose
the county, any member of its governing body, or any other county
officer to liability for failure to perform other constitutional or
statutory duties, and that compliance with the order of the court
will not deprive the county of resources necessary for its reasonable
support and maintenance.
 

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