California Code — code.code.of.civil.procedure.ccp
Browse 3,411 sections in division code.code.of.civil.procedure.ccp of the California code. Each section page includes the full statutory text, official source links, and citation guidance.
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- § 2. This Code takes effect at twelve o'clock noon, on the first day of January, eight
- § 3. No part of it is retroactive, unless expressly so declared.
- § 5. The provisions of this Code, so far as they are substantially the same as existin
- § 10. Holidays within the meaning of this code are every Sunday and any other days that
- § 12b. If any city, county, state, or public office, other than a branch office, is clos
- § 13b. Any act required by law to be performed on a particular day or within a specified
- § 17. Words used in this code in the present tense include the future as well as the pr
- § 20. Judicial remedies are such as are administered by the Courts of justice, or by ju
- § 23. Every other remedy is a special proceeding.
- § 24. Actions are of two kinds: 1. Civil; and, 2. Criminal.
- § 27. An injury is of two kinds: 1. To the person; and, 2. To property.
- § 32. When the violation of a right admits of both a civil and criminal remedy, the rig
- § 32.5. The
- § 34. An electronic signature, as defined in Section 17, by a court or judicial officer
- § 36. A party to a civil action who is over 70 years of age may petition the court for
- § 36.5. An affidavit submitted in support of a motion for preference under subdivision (a
- § 41. The Supreme Court and the courts of appeal may transact business at any time.
- § 42. Adjournments from day to day, or from time to time, are to be construed as recess
- § 46. Appeals in actions brought under Section 1094.9 shall be given preference in sche
- § 71. The process of superior courts shall extend throughout the state.
- § 74. Adjournments from day to day, or from time to time, are to be construed as recess
- § 77. In every county there is an appellate division of the superior court consisting o
- § 85. Notwithstanding any law, including, but not limited to, a law that classified an
- § 86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Ac
- § 88. A civil action or proceeding other than a limited civil case may be referred to a
- § 93. The plaintiff has the option to serve case questionnaires with the complaint, usi
- § 94. Discovery is permitted only to the extent provided by this section and Section 95
- § 96. Any party may serve on any other party a request in substantially the following f
- § 99. A judgment or final order, in respect to the matter directly adjudged, is conclus
- § 100. Any party shall have the right to appeal any judgment or final order consistent w
- § 116.110. This chapter shall be known and may be cited as
- § 116.210. In each superior court there shall be a small claims division. The small claims d
- § 116.220. The small claims court has jurisdiction in the following actions: (1) Except as p
- § 86. The following civil cases and proceedings are limited civil cases: (1) A case at
- § 116.860. A judgment debtor who desires to make payment to the court in which the judgment
- § 116.880. If the judgment (1) was for one thousand dollars (
- § 116.940. Except as otherwise provided in this section or in rules adopted by the Judicial
- § 116.950. This section shall become operative only if the Department of Consumer Affairs de
- § 128. Every court shall have the power to do all of the following: (1) To preserve and
- § 128.5. A trial court may order a party, the party
- § 128.7. Every pleading, petition, written notice of motion, or other similar paper shall
- § 129. Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of
- § 130. Subject to the provisions of this section, when a child who is under 18 years of
- § 133. Courts of justice may be held and judicial business transacted on any day, except
- § 136. If a day appointed for the holding or sitting of a court, or to which it is adjou
- § 139. If no judge attends on the day appointed for the holding or sitting of a court, o
- § 155.
- § 167. Any act required or permitted to be performed by the clerk of a court may be perf
- § 170. A judge has a duty to decide any proceeding in which he or she is not disqualifie
- § 170.1. A judge shall be disqualified if any one or more of the following are true: (1) (
- § 170.3.
- § 170.4. A disqualified judge, notwithstanding his or her disqualification may do any of t
- § 170.5. For the purposes of Sections 170 to 170.5, inclusive, the following definitions a
- § 170.6.
- § 170.7. Section 170.6 does not apply to a judge designated or assigned to serve on the ap
- § 170.9. A judge shall not accept gifts from a single source in a calendar year with a tot
- § 178. For the effectual exercise of the powers conferred by the last section, a judicia
- § 182. The heading to this chapter shall not be deemed to govern or limit the scope or m
- § 186. Such abbreviations as are in common use may be used, and numbers may be expressed
- § 190. This chapter shall be known and may be cited as the Trial Jury Selection and Mana
- § 194. The following definitions govern the construction of this chapter: (a)
- § 197. All persons selected for jury service shall be selected at random, from a source
- § 198.5. If sessions of the superior court are held in a location other than the county se
- § 203. All persons are eligible and qualified to be prospective trial jurors, except the
- § 206. Prior to discharging the jury from the case, the judge in a criminal action shall
- § 208. The jury commissioner shall estimate the number of prospective jurors that may be
- § 209. Any prospective trial juror who has been summoned for service, and who fails to a
- § 214. The jury commissioner shall provide orientation for new jurors, which shall inclu
- § 215. Except as provided in subdivision (b), on and after July 1, 2000, the fee for jur
- § 218. The jury commissioner shall hear the excuses of jurors summoned, in accordance wi
- § 116.230. In a small claims case, the clerk of the court shall charge and collect only thos
- § 116.231. Except as provided in subdivision (d), no person may file more than two small cla
- § 116.232. A fee of fifteen dollars (
- § 116.260. In each county, individual assistance shall be made available to advise small cla
- § 116.270. Any small claims division may use law clerks to assist the judge with legal resea
- § 116.340. Service of the claim and order on the defendant may be made by any one of the fol
- § 116.390. If a defendant has a claim against a plaintiff that exceeds the jurisdictional li
- § 116.410. Any person who is at least 18 years of age, or legally emancipated, and mentally
- § 116.510. The hearing and disposition of the small claims action shall be informal, the obj
- § 116.531. Nothing in this article shall prevent a representative of an insurer or other exp
- § 116.540. Except as permitted by this section, no individual other than the plaintiff and t
- § 116.570. Any party may submit a written request to postpone a hearing date for good cause.
- § 116.610. The small claims court shall give judgment for damages, or equitable relief, or b
- § 116.630. The court may, at any time after judgment, for good cause, upon motion by a party
- § 116.725. A motion to correct a clerical error in a judgment or to set aside and vacate a j
- § 116.745. The clerk shall collect a fee of twenty dollars (
- § 116.795. The superior court may dismiss the appeal if the appealing party does not appear
- § 116.840. At the option of the judgment debtor, payment of the judgment may be made either
- § 116.850. If full payment of the judgment is made to the judgment creditor or to the judgme
- § 262.6. When the sheriff is a party to an action or proceeding, the process and orders th
- § 262.9. When process is delivered to an elisor, he shall execute and return it in the sam
- § 263.1. As used in this chapter, the following terms have the following definitions: (a)
- § 263.3. Whenever the fax transmission of a document or record to a levying officer is aut
- § 263.7. A levying officer shall exclude or redact the following identifiers from any reco
- § 269. An official reporter or official reporter pro tempore of the superior court shall
- § 271. An official reporter or official reporter pro tempore shall deliver a transcript
- § 284. The attorney in an action or special proceeding may be changed at any time before
- § 262.2. Except as otherwise provided, the officer executing process shall, so long as he
- § 337.15. No action may be brought to recover damages from any person, or the surety of a p
- § 337.2. Where a lease of real property is in writing, no action shall be brought under Se
- § 338. Within three years: (a) An action upon a liability created by statute, other than
- § 338.2. A California resident, or an heir, trustee, assignee, or representative of the es
- § 339.5. Where a lease of real property is not in writing, no action shall be brought unde
- § 340.1. There is no time limit for the commencement of any of the following actions for r
- § 340.11.
- § 340.16. In any civil action for recovery of damages suffered as a result of sexual assaul
- § 340.3. Unless a longer period is prescribed for a specific action, in any action for dam
- § 340.35. This section shall apply if both of the following conditions are met: (1) A compl
- § 340.4. An action by or on behalf of a minor for personal injuries sustained before or in
- § 340.5. In an action for injury or death against a health care provider based upon such p
- § 340.6. An action against an attorney for a wrongful act or omission, other than for actu
- § 340.8. In any civil action for injury or illness based upon exposure to a hazardous mate
- § 356. When the commencement of an action is stayed by injunction or statutory prohibiti
- § 361. When a cause of action has arisen in another State, or in a foreign country, and
- § 363. The word
- § 364. No action based upon the health care provider
- § 367. Every action must be prosecuted in the name of the real party in interest, except
- § 367.3. For purposes of this section, the following definitions apply: (1)
- § 367.75.
- § 367.76.
- § 367.8. Each superior court shall report to the Judicial Council on or before October 1,
- § 368. In the case of an assignment of a thing in action, the action by the assignee is
- § 370. A married person may be sued without his or her spouse being joined as a party, a
- § 372.
- § 394. An action or proceeding against a county, or city and county, a city, or local ag
- § 395. Except as otherwise provided by law and subject to the power of the court to tran
- § 395.1. Except as otherwise provided in Section 17005 of the Probate Code pertaining to t
- § 396a. In a case that is subject to Sections 1812.10 and 2984.4 of the Civil Code, or su
- § 396b. Except as otherwise provided in Section 396a, if an action or proceeding is comme
- § 377.60. A cause of action for the death of a person caused by the wrongful act or neglect
- § 377.61. In an action under this article, damages may be awarded that, under all the circu
- § 384. It is the policy of the State of California to ensure that the unpaid cash residu
- § 384.5. If a judgment in a class action established pursuant to Section 382, including a
- § 386. A defendant, against whom an action is pending upon a contract, or for specific p
- § 387. For purposes of this section: (1)
- § 389. A person who is subject to service of process and whose joinder will not deprive
- § 389.5. When, in an action for the recovery of real or personal property, or to determine
- § 391. As used in this title, the following terms have the following meanings: (a)
- § 391.4. When security that has been ordered furnished is not furnished as ordered, the li
- § 391.7. In addition to any other relief provided in this title, the court may, on its own
- § 399. If an order is made transferring an action or proceeding under any provision of t
- § 403.010. Nothing in this chapter expands or limits the law on whether a plaintiff, cross-c
- § 403.020. If a plaintiff, cross-complainant, or petitioner files an amended complaint or ot
- § 403.040. The plaintiff, cross-complainant, or petitioner may file a motion for reclassific
- § 403.090. The Judicial Council may prescribe rules, not inconsistent with statute, governin
- § 404.1. Coordination of civil actions sharing a common question of fact or law is appropr
- § 404.5. Pending any determination of whether coordination is appropriate, the judge makin
- § 404.7. Notwithstanding any other provision of law, the Judicial Council shall provide by
- § 404.9. Any duties of the presiding judge specified in this chapter may be delegated by t
- § 405.2.
- § 405.5. This title applies to an action pending in any United States District Court in th
- § 410.60. In an action against a corporation which has forfeited its charter or right to do
- § 411.20. If the clerk accepts for filing a complaint or other first paper, or any subseque
- § 411.21. If a complaint or other first paper is accompanied by payment by check in an amou
- § 411.35. In every action, including a cross-complaint for damages or indemnity, arising ou
- § 412.20. Except as otherwise required by statute, a summons shall be directed to the defen
- § 413.20. If a summons is served by mail pursuant to this chapter, the provisions of Sectio
- § 413.40. Any service of summons which complies with the provisions of this chapter shall n
- § 415.20. In lieu of personal delivery of a copy of the summons and complaint to the person
- § 415.30. A summons may be served by mail as provided in this section. A copy of the summon
- § 415.40. A summons may be served on a person outside this state in any manner provided by
- § 415.45. A summons in an action for unlawful detainer of real property may be served by po
- § 415.46. In addition to the service of a summons and complaint in an action for unlawful d
- § 372.5. The court may appoint a guardian ad litem under a pseudonym pursuant to the requi
- § 374.5. A proceeding initiated by or brought against a minor for any of the injunctions o
- § 375. An action or proceeding does not abate by the disability of a party. The court, o
- § 376. The parents of a legitimate unmarried minor child, acting jointly, may maintain a
- § 377.21. A pending action or proceeding does not abate by the death of a party if the caus
- § 377.22. Nothing in this chapter shall be construed as affecting the assignability of caus
- § 377.32. The person who seeks to commence an action or proceeding or to continue a pending
- § 377.34. In an action or proceeding by a decedent
- § 377.35. On or after January 1, 1993, this article applies to the commencement of an actio
- § 377.43. This article applies to the commencement on or after January 1, 1993, of an actio
- § 405.8. Nothing in this title precludes any party from seeking an attachment, injunction,
- § 405.23. Any notice of pendency of action shall be void and invalid as to any adverse part
- § 405.31. In proceedings under this chapter, the court shall order the notice expunged if t
- § 405.36. Once a notice of pending action has been expunged, the claimant may not record an
- § 405.50. At any time after notice of pendency of an action has been recorded pursuant to t
- § 410.10. A court of this state may exercise jurisdiction on any basis not inconsistent wit
- § 410.50. Except as otherwise provided by statute, the court in which an action is pending
- § 219.5. The Judicial Council shall adopt a rule of court, on or before January 1, 2005, r
- § 222.5. To select a fair and impartial jury in a civil jury trial, the trial judge shall
- § 223. To select a fair and impartial jury in a criminal jury trial, the trial judge sha
- § 227. The challenges of either party for cause need not all be taken at once, but they
- § 229. A challenge for implied bias may be taken for one or more of the following causes
- § 231. In criminal cases, if the offense charged is punishable with death, or with impri
- § 231.7. A party shall not use a peremptory challenge to remove a prospective juror on the
- § 234. Whenever, in the opinion of a judge of a superior court about to try a civil or c
- § 235. At the request of the sheriff, coroner, or other ministerial officer, the jury co
- § 237.
- § 242. Following the receipt of a verdict and before discharging the jury in a criminal
- § 259. Subject to the supervision of the court, every court commissioner shall have powe
- § 262.1. A sheriff or other ministerial officer is justified in the execution of, and shal
- § 343. An action for relief not hereinbefore provided for must be commenced within four
- § 348.5. An action upon any bonds or coupons issued by the State of California shall have
- § 349.05. Within one hundred eighty days: (a) An action to enjoin, abate, or for damages on
- § 349.2. Where any acts or proceedings are taken under color of law by or on behalf of any
- § 349.4. All acts and proceedings heretofore or hereafter taken under color of law for the
- § 350. An action is commenced, within the meaning of this Title, when the complaint is f
- § 352.5. If, after a cause of action accrues against a person, that person comes under an
- § 342. An action against a public entity upon a cause of action for which a claim is req
- § 354.4. The following definitions govern the construction of this section: (1)
- § 354.45. For purposes of this section, the following terms have the following meanings: (1
- § 354.5. The following definitions govern the construction of this section: (1)
- § 354.6. As used in this section: (1)
- § 354.8. Notwithstanding any other law, including, but not limited to Section 335.1, the f
- § 355. If an action is commenced within the time prescribed therefor, and a judgment the
- § 286. When an attorney dies, or is removed or suspended, or ceases to act as such, a pa
- § 307. There is in this State but one form of civil actions for the enforcement or prote
- § 316. No action can be brought for or in respect to real property by any person claimin
- § 320. No entry upon real estate is deemed sufficient or valid as a claim, unless an act
- § 327. The right of a person to the possession of real property is not impaired or affec
- § 329.5. The validity of an assessment or supplemental assessment against real property fo
- § 337. Within four years: (a) An action upon any contract, obligation or liability found
- § 337.1. Except as otherwise provided in this section, no action shall be brought to recov
- § 415.47. Where the lessee has given the lessor written notice of the lessee
- § 415.50. A summons may be served by publication if upon affidavit it appears to the satisf
- § 416.20. A summons may be served on a corporation that has forfeited its charter or right
- § 416.60. A summons may be served on a minor by delivering a copy of the summons and of the
- § 417.10. Proof that a summons was served on a person within this state shall be made: (a)
- § 417.30. After a summons has been served on a person, proof of service of the summons as p
- § 418.10. A defendant, on or before the last day of his or her time to plead or within any
- § 418.11. An appearance at a hearing at which ex parte relief is sought, or an appearance a
- § 421. The forms of pleading in civil actions, and the rules by which the sufficiency of
- § 425.115. As used in this section: (1)
- § 425.14. No claim for punitive or exemplary damages against a religious corporation or rel
- § 425.15. No cause of action against a person serving without compensation as a director or
- § 425.16. The Legislature finds and declares that there has been a disturbing increase in l
- § 425.17. The Legislature finds and declares that there has been a disturbing abuse of Sect
- § 425.18. The Legislature finds and declares that a SLAPPback is distinguishable in charact
- § 425.19. The Legislature finds and declares all of the following: (1) The lack of affordab
- § 425.30. In an action for collection of consumer debt, common counts may not be used. For
- § 425.50. An allegation of a construction-related accessibility claim in a complaint, as de
- § 425.55. The Legislature finds and declares all of the following: (1) Protection of the ci
- § 427.10. A plaintiff who in a complaint, alone or with coplaintiffs, alleges a cause of ac
- § 428.40. The cross-complaint shall be a separate document.
- § 428.80. The counterclaim is abolished. Any cause of action that formerly was asserted by
- § 430.41. Before filing a demurrer pursuant to this chapter, the demurring party shall meet
- § 430.50. A demurrer to a complaint or cross-complaint may be taken to the whole complaint
- § 431.20. Every material allegation of the complaint or cross-complaint, not controverted b
- § 431.30. As used in this section: (1)
- § 432.10. A party served with a cross-complaint may within 30 days after service move, demu
- § 435.5. Before filing a motion to strike pursuant to this chapter, the moving party shall
- § 437c.
- § 438. As used in this section: (1)
- § 439. Before filing a motion for judgment on the pleadings pursuant to this chapter, th
- § 446. Every pleading shall be subscribed by the party or his or her attorney. When the
- § 452. In the construction of a pleading, for the purpose of determining its effect, its
- § 455. In an action for the recovery of real property, it must be described in the compl
- § 461. In any action within Section 460 or 460.5, the defendant may, in his answer, alle
- § 465. Except with leave of the court, all pleadings subsequent to the complaint, togeth
- § 484.100. The court
- § 484.070. If the defendant claims that the personal property described in the plaintiff
- § 481.175.
- § 481.180.
- § 481.195.
- § 481.205.
- § 481.210.
- § 481.223.
- § 481.060.
- § 481.070.
- § 481.100.
- § 481.113.
- § 481.140.
- § 481.170.
- § 481.225.
- § 482.010. This title shall be known and may be cited as
- § 482.070.
- § 482.100. The defendant may claim an exemption provided in Section 487.020 for property lev
- § 482.110. The plaintiff
- § 472b. When a demurrer to any pleading is sustained or overruled, and time to amend or a
- § 473.
- § 475. The court must, in every stage of an action, disregard any error, improper ruling
- § 481.010. Unless the provision or context otherwise requires, the definitions in this chapt
- § 483.010. Except as otherwise provided by statute, an attachment may be issued only in an a
- § 483.020. Subject to subdivisions (d) and (e), the amount to be secured by the attachment i
- § 484.010. Upon the filing of the complaint or at any time thereafter, the plaintiff may app
- § 484.030. The application shall be supported by an affidavit showing that the plaintiff on
- § 484.050. The notice of application and hearing shall inform the defendant of all of the fo
- § 481.030.
- § 481.040.
- § 486.100. Upon ex parte application of the defendant or, if the court so orders, after a no
- § 487.010. The following property of the defendant is subject to attachment: (a) Where the d
- § 488.040. If the levying officer is required by any provision of this title to serve any wr
- § 488.065. A copy of the original notice of attachment which has been served upon a third pa
- § 488.080. A registered process server may levy under a writ of attachment on the following
- § 488.100. The levying officer has a special lien, dependent upon possession, on personal pr
- § 488.300. If the method of levy under a writ of execution is incorporated by this article,
- § 488.365. To attach goods in the possession of a bailee (as defined in Section 7102 of the
- § 488.375. Except as provided by Section 488.385, to attach equipment of a going business in
- § 488.385. To attach a vehicle or vessel for which a certificate of ownership has been issue
- § 488.395. Except as specified in subdivision (e) and as provided by Sections 488.325 and 48
- § 488.405. This section provides an alternative method of attaching farm products or invento
- § 488.440. To attach an instrument, the levying officer shall comply with Section 700.110.
- § 488.445. To attach a negotiable document of title, the levying officer shall comply with S
- § 488.455. Subject to Sections 488.465 and 684.115, to attach a deposit account, the levying
- § 488.460. Subject to Sections 488.465 and 684.115, to attach property in a safe-deposit box
- § 488.465. Except as provided in subdivision (b), a deposit account or safe-deposit box stan
- § 488.475. The following property may be attached pursuant to this article notwithstanding t
- § 488.315. To attach real property, the levying officer shall comply with Section 700.015 an