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California Forms of Pleading and Practice--Annotated
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

6-60 California Forms of Pleading and Practice--Annotated 60.syn




Expert Practitioners, Judges, and the Matthew Bender Editorial Staff

Chapter Summary


This chapter covers actions by assignees on assignments of things in action (also called "choses in action") and obligees' rights in general. It provides complaints for use by assignees, allegations relating to assignment, and forms for defenses. The chapter discusses assignments of general intangibles, insurance, mortgage debts, nonnegotiable instruments, and wages. Further, it covers assignments under the Commercial Code, as well as actions by assignees and bars to those actions. The chapter also discusses claims and other defenses that may be asserted against assignees.

In addition, the chapter sets forth statutes governing specific topics, including transfers of obligee rights, transfers in general, transfers of personal property, and perfection of assignments of certain nonnegotiable instruments and certain general intangibles. The chapter also covers statutes governing defenses that may be raised in actions by assignees and the delegation of contractual duties.

California Forms of Pleading and Practice (Matthew Bender)provides detailed analysis of the law, plus timesaving forms, checklists and research guides. It covers all aspects of procedure in civil actions and proceedings, from pleadings to appeal, including arbitration and mediation; complaints, answers and demurrers; and discovery. It offers encyclopedic coverage of all civil practice areas, including business and commercial law; civil rights; real estate; and torts. It also covers attorney practice and ethics and features regular updates on all relevant California and federal legislation, administrative regulations and procedures, judicial decisions, and California Rules of Court.


Assignments,Choses In Action,Obligees' Rights,General Intangibles,Priority,Assignees,Assignors,Insurance,CIGA Assignments,CLHIGA Assignments,Mortgage Debts,Nonnegotiable Instruments,Things in Action,Wages,Commercial Code,Secured Transactions


Assignments for the benefit of creditors are covered in Chapter 307, Insolvency.

For discussion of novation generally, see Chapter 6, Accord and Satisfaction.

For discussion of the assignment, transfer, and reservation of royalty rights in fine art, and a form for use by an artist for recovery of royalty payments from the resale of a work of art, see Chapter 57, Art.

For an assignment for use by a judgment creditor in an action against a real estate broker or salesperson for recovery of an unsatisfied final judgment from the Recovery Account of the Real Estate Fund, see Chapter 103, Brokers.

For an allegation that the plaintiff is the assignee of a claim for conversion, see Chapter 150, Conversion.

For discussion of, and forms for obtaining, wage assignments for child, spousal, or family support, see Chapter 259, Family Law Enforcement: Special Remedies for Support Enforcement, and Chapter 290, Guardianship and Conservatorship: Maintenance of Ward or Conservatee.


For forms and discussion of points and authorities regarding novation in the context of motions for a new trial see California Points and Authorities (Matthew Bender), Chapter 50, Contracts.

For detailed discussion on assignments, see Corbin on Contracts (Matthew Bender), Chapters 47-51.

See Matthew Bender(R)Practice Guide: California Contract Litigation (Matthew Bender) for expert guidance on legal and practice issues that arise in general contract litigation, including checklists, highlighted elements for causes of action, extensive cross-references to relevant CACI and Matthew Bender jury instructions and forms of complaints, answers, and points and authorities illustrating these causes of action.
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