Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The Court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.
§ 1138.Generally
Title 3. Of Summary Proceedings · Chapter 2. Submitting a Controversy Without Action · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1138 lets parties who agree on the facts of a dispute, but disagree about the legal outcome, skip filing a lawsuit and instead submit an agreed statement of facts to a court with jurisdiction, backed by an affidavit showing the controversy is real and made in good faith, for the court to hear and decide as though an action were pending.
Full Text of § 1138
Plain-English Summary
Not every legal dispute is really about who did what. Sometimes the parties agree entirely on the facts and disagree only about what the law says those facts mean. Section 1138 gives those parties a shortcut: instead of one side suing the other and litigating facts nobody disputes, they can jointly write up a case stating the agreed facts and hand it to a court for a ruling.
The court that hears the submission has to be one that would have had jurisdiction if a real lawsuit had been filed — the statute doesn't create a special forum, just a faster path into an existing one. And because there's no adversarial complaint testing whether the dispute is genuine, the parties must show by affidavit that the controversy is real and that they're proceeding in good faith, not staging a collusive case to obtain an advisory ruling.
Once that showing is made, the court's role is unchanged from an ordinary case: it hears the submission and renders judgment, exactly as if a real action were pending. What follows that judgment — how it gets entered and enforced — is covered by § 1139 and § 1140.
Frequently Asked Questions
What kind of dispute qualifies for submission without action?
One where the parties agree on the underlying facts but disagree about the legal consequences that follow from them — the kind of dispute that might otherwise be the subject of a civil action.
Do the parties need to file a lawsuit to use this procedure?
No. Section 1138 lets them skip filing an action and instead submit an agreed case directly to a court that would have had jurisdiction over one.
What must the affidavit supporting the submission show?
That the controversy is real and that the parties are proceeding in good faith to determine their rights, not manufacturing a dispute to get an advisory opinion.
How does the court treat the submitted case?
The same as a normal lawsuit — the court hears the case and renders judgment as if an action were pending.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: submission of controversy without action californiaagreed case california courtsubmit case without lawsuit california