California Code of Regulations|§ 1781 - Definitions

                                                

The following definitions shall govern this article:

(a) "Acid fracturing" means a well stimulation treatment that, in whole or in part, includes the pressurized injection of acid into an underground geologic formation in order to fracture the formation, thereby causing or enhancing, for the purposes of this division, the production of oil or gas from a well.
(b) "Acid matrix stimulation treatment" means an acid treatment conducted at pressures lower than the applied pressure necessary to fracture the underground geologic formation.
(c) "Acid well stimulation treatment" means a well stimulation treatment that uses, in whole or in part, the application of one or more acids to the well or underground geologic formation. The acid well stimulation treatment may be at any applied pressure and may be used in combination with hydraulic fracturing treatments or other well stimulation treatments. Acid well stimulation treatments include acid matrix stimulation treatments and acid fracturing treatments.
(d) "Acid stimulation treatment fluid" means one or more base fluids mixed with physical and chemical additives for the purpose of performing an acid well stimulation treatment.
(e) "Additive" means a substance or combination of substances added to a base fluid for purposes of preparing well stimulation treatment fluid, including, but not limited to, acid stimulation treatment fluid and hydraulic fracturing fluid. An additive may serve additional purposes beyond the transmission of hydraulic pressure to the geologic formation. An additive may be of any phase and may include proppants.
(f) "ADSA" or "axial dimensional stimulation area" means the estimated axial dimensions, expressed as maximum length, width, height, and azimuth, of the area(s) stimulated by a well stimulation treatment.
(g) "Base fluid" means the continuous phase fluid used in the makeup of a well stimulation treatment fluid. The continuous phase fluid may include, but is not limited to, water, and may be a liquid or a hydrocarbon or nonhydrocarbon gas. A well stimulation treatment may use more than one base fluid.
(h) "Chemical Disclosure Registry" means the chemical registry Internet Web site known as fracfocus.org developed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission.
(i) "Designated Contractor for Water Sampling" means an independent third-party person or entity designated by the State Water Board to sample water well and surface water in accordance with Public Resources Code section 3160, subdivision (d)(7).
(j) "Flowback fluid" means the fluid recovered from the treated well before the commencement of oil and gas production from that well following a well stimulation treatment. The flowback fluid may include materials of any phase.
(k) "Hydraulic fracturing" means a well stimulation treatment that, in whole or in part, includes the pressurized injection of hydraulic fracturing fluid into an underground geologic formation in order to fracture the formation, thereby causing or enhancing, for the purposes of this division, the production of oil or gas from a well.
(l) "Hydraulic fracturing fluid" means one or more base fluids mixed with physical and chemical additives for the purpose of hydraulic fracturing.
(m) "Independent third party" means a person or entity responsible to an operator, but who is not an employee of the operator, is not under the ownership or direct control of the operator, and does not have a direct financial interest in the production activities of the operator.
(n) "Proppants" means materials inserted or injected into the underground geologic formation that are intended to prevent fractures from closing.
(o) "Regional Water Board" means the Regional Water Quality Control Board with jurisdiction over the location of a well subject to well stimulation treatment.
(p) "State Water Board" means the State Water Resources Control Board.
(q) "Surface property owner" means the owner of real property as shown on the latest equalized assessment roll or, if more recent information than the information contained on the assessment roll is available, the owner of record according to the county assessor or tax collector.
(r) "Tenant" means a person or entity with a possessory interest in and right to occupy a legally recognized parcel, or portion thereof.
(s) "Well stimulation treatment fluid" means a base fluid mixed with physical and chemical additives, which may include acid, for the purpose of a well stimulation treatment. A well stimulation treatment may include more than one well stimulation treatment fluid. Well stimulation treatment fluids include, but are not limited to, hydraulic fracturing fluids and acid stimulation treatment fluids.

Notes

Cal. Code Regs. Tit. 14, § 1781

Note: Authority cited: Sections 3013 and 3160, Public Resources Code. Reference: Sections 3106, 3150, 3151, 3152, 3153, 3154, 3156, 3158, 3159 and 3160, Public Resources Code.

1. New section filed 12-30-2014; operative 7/1/2015 pursuant to Public Resources Code section 3161(a), as amended by SB 4, Stats. 2014, c. 313 (Register 2015, No. 1). For prior history, see Register 2014, No. 26.
2. Editorial correction of section heading and History 1 (Register 2017, No. 24).

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As to Code of Civil Procedure section1781(c)(3),” no such statute exists. Presumably, the defendant intended to invoke Civil Code section 1781. If so, the motion still fails. That section deals with a motion to dismiss a class action brought by a consumer pursuant to the Consumers Legal Remedy Act, Civil Code section 1750 et seq. A consumer is “an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.” (§ 1761, subd. (d).)

  • Name

    CORNEJO VS RENAISSANCE VILLAGES

  • Case No.

    CVRI2103783

  • Hearing

    May 04, 2022

  • County

    Riverside County, CA

Analysis: The notice of motion (at p. 2) says that the motion is brought pursuant to “Code of Civil Procedure section 1781(c)(3).” No such statute exists. Presumably, the defendant intended to invoke Civil Code section 1781. If so, the motion stillfails. That section deals with a motion to dismiss a class action brought by a consumer pursuant to the Consumers Legal Remedy Act, Civil Code section 1750 et seq.

  • Name

    SIERRA VS RENAISSANCE VILLAGES INC

  • Case No.

    RIC2002756

  • Hearing

    May 04, 2022

  • County

    Riverside County, CA

The Court is inclined to grant summary adjudication on the 11st, 2nd and 3rd causes of action on the grounds that plaintiff has failed to present evidence showing a triable issue of material fact and to deny summary adjudication on the 4th cause of action pursuant to Civil Code section 1781 (c)(3).

  • Name

    COLUCCI VS PRISTINE BAY LLC

  • Case No.

    RIC1510157

  • Hearing

    Aug 16, 2017

Code section 1781(g); Cal. Rules of Ct., Rule 3.771(b).) Class Counsel shall submit a revised proposed order incorporating the above revisions for the Court’s signature.

  • Name

    CRUZ, MARIELA VS. TRAINA DRIED FRUIT INC

  • Case No.

    9000819

  • Hearing

    Jun 04, 2020

Thus, section 1781 applies to class actions brought under the CLRA, not individual claims. Individual claims under the CLRA should be brought under section 1780, not section 1781. (See Civil Code § 1780, subd.

  • Name

    PEZZO V. AUTO SPORT DESIGNS, INC.

  • Case No.

    19CECG01915

  • Hearing

    Jan 19, 2022

  • County

    Fresno County, CA

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Filed

Oct 02, 2007

Status

Dismissal

Judge

Hon. Gregory W. Alarcon Trellis Spinner 👉 Discover key insights by exploring more analytics for Gregory W. Alarcon

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)

Practice Area

Commercial

Matter Type

Breach of Contract

Filed

Dec 02, 2011

Status

Dismissal

Judge

Hon. Terry Green Trellis Spinner 👉 Discover key insights by exploring more analytics for Terry Green

Court

Stanley Mosk Courthouse

County

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Category

Claims Involving Mass Tort (General Jurisdiction)

Practice Area

Torts

Matter Type

Mass Torts

Filed

May 11, 2006

Status

Dismissal

Judge

Hon. Gregory W. Alarcon Trellis Spinner 👉 Discover key insights by exploring more analytics for Gregory W. Alarcon

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Contractual Fraud (General Jurisdiction)

Practice Area

Commercial

Matter Type

Contractual Fraud

Filed

Jul 31, 2007

Status

Dismissal

Judge

Hon. Mark S. Borrell Trellis Spinner 👉 Discover key insights by exploring more analytics for Mark S. Borrell

Court

Ventura County

County

Ventura County, CA

Filed

Aug 10, 2007

Status

Dismissal

Judge

Hon. Michael L. Stern Trellis Spinner 👉 Discover key insights by exploring more analytics for Michael L. Stern

Court

Stanley Mosk Courthouse

County

Los Angeles County, CA

Category

Other Complaint (non-tort/non-complex) (General Jurisdiction)

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RYN YY YN N KN NY He eee ewe ewe we ew eI DA A FW YH =F SOD ON DH FF WN S| SS 0 Oo YN DW Bw Ww San Francisco County Superior Cou, NOV -5 2019 aoe UF, THE COURT vy: 5 Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO DEPARTMENT 613 SUSAN WANG, individually and on behalf of Case No. CGC-18-564120 all others similarly situated, Plaintiff, ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR v. IN THE ALTERNATIVE SUMMARY ADJUDICATION, AND A NO-MERIT STUBHUB, INC., DETERMIN…

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1 MATTHEW D. POWERS (S.B. #212682) mpowers@omm.com 2 O’MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor ELECTRONICALLY 3 San Francisco, CA Telephone: 94111-3823 (415) 984-8700 …

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County

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Filed Date

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1 MATTHEW D. POWERS (S.B. #212682) mpowers@omm.com 2 O’MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor ELECTRONICALLY 3 San Francisco, CA 94111-3823 F I L E D Telephone: (415) 984-8700 …

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County

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1 MATTHEW D. POWERS (S.B. #212682) mpowers@omm.com 2 O’MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor ELECTRONICALLY 3 San Francisco, CA Telephone: 94111-3823 (415) 984-8700 …

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County

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Filed Date

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Category

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