California Military and Veterans Code

§ 408

MVC § 408 Effective Jan 1, 2019Div. 2 · Part 1 · Ch. 7.5

Statute text

(a)This section shall apply only to obligations secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a service member.

(b)In any proceeding commenced in any court during, or within one year after, the period of military service to enforce that obligation as provided in subdivision (a), the court may, after hearing and in its discretion on its own motion, and shall, on application to it by the service member or some person on the defendant’s behalf, unless in the opinion of the court the ability of the defendant to comply with the terms of the obligation is not materially affected by reason of the defendant’s military service, do either of the following:

(1)Stay the proceedings for any period as the court deems just.

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Legislative history

Amended by Stats. 2018, Ch. 555, Sec. 10. (AB 3212) Effective January 1, 2019.