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California Statutes, Title CCP

California/Statutes

← All California coverage

Title CCP, California Code Civ. Proc.

234 chapters · 3,411 sections in this title.

All chapters in Title CCP3,411 Ch 2, Powers of Judges at Chambers485 Ch 3, Supreme Court462 Ch 4, Superior Courts435 Ch 1, Courts of Justice in General368 Ch 5, Miscellaneous Provisions Respecting …265 Ch 6, General Provisions Respecting Courts…252 Ch 7, Special Immigrant Juvenile Findings189 Ch 8, Actions Against Coowners of Mines142 Ch 9, Validating Proceedings104 Ch 11, Actions to Recover COVID-19 Rental Debt71 Ch 5.5, Small Claims Court62 Ch 10, Good Faith Improver of Property Owne…46 Ch 12, Actions for Restitution for or Repla…40

368 sections·Filtered byTitle CCP✕Ch 1✕

Code Civ. Proc. § 262.10 Section 262.10
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Whenever process is executed, or any act performed by a coroner or elisor, he shall receive a reasonable compensation, to be fixed by the court, to be paid by the plaintiff in case of the summoning of jurors to complete the panel, and by the person or party requiring the service …
Code Civ. Proc. § 262.11 Section 262.11
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In all cases where new counties have been or may hereafter be created, and executions, orders of sale upon foreclosures of mortgages, or other process affecting specific real estate have been or may hereafter be adjudged by the final judgment or decree of a court of competent jur…
Code Civ. Proc. § 262.2 Section 262.2
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Except as otherwise provided, the officer executing process shall, so long as he or she retains the original process, show it to any interested person, upon request. The officer shall show the process, with all papers, or electronic copies of all papers, attached, at his or her o…
Code Civ. Proc. § 262.3 Section 262.3
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When any process remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the expiration of his term of office, such process shall be executed by his successor or successors in office. (Added by Stats. 1951, Ch. 655.)

Code Civ. Proc. § 262.4 Section 262.4

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If the sheriff sells real estate, under and by virtue of an execution or order of court, the sheriff, or his or her successors in office, shall execute and deliver to the purchaser or purchasers all deeds and conveyances required by law and necessary for the purpose, and those de…

Code Civ. Proc. § 262.5 Section 262.5

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Service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or, if no such person is there, by leaving it in a conspicuous place in the office. (Added by Stats.…

Code Civ. Proc. § 262.6 Section 262.6

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When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, shall be executed by the coroner of the county. (Added by Stats. 1951, Ch. 655.)

Code Civ. Proc. § 262.7 Section 262.7

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If an action is begun against a sheriff, all process and orders may be served by any person in the manner provided in this code. (Amended by Stats. 2014, Ch. 470, Sec. 1. (AB 2256) Effective January 1, 2015.)

Code Civ. Proc. § 262.8 Section 262.8

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Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court, or the judge thereof, and denominated an elisor, in the following cases: (a) When the sheriff and coroner are both parties. (b) When either of these officers …

Code Civ. Proc. § 262.9 Section 262.9

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When process is delivered to an elisor, he shall execute and return it in the same manner as the sheriff is required to execute similar process. (Added by Stats. 1951, Ch. 655.)

Code Civ. Proc. § 283 Section 283

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An attorney and counselor shall have authority: 1. To bind his client in any of the steps of an action or proceeding by his agreement filed with the Clerk, or entered upon the minutes of the Court, and not otherwise; 2. To receive money claimed by his client in an action or proce…

Code Civ. Proc. § 284 Section 284

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The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the app…

Code Civ. Proc. § 285 Section 285

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When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party. Until then he must recognize the former attorney. (Repealed and a…

Code Civ. Proc. § 285.1 Section 285.1

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An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable marriage, or for the support, maintenance or custody of minor children may withdraw at any time subsequent to the time whe…

Code Civ. Proc. § 285.2 Section 285.2

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If a reduction in public funding for legal service materially impairs a legal service agency attorney’s ability to represent an indigent client, the court, on its own motion or on the motion of either the client or attorney, shall permit the withdrawal of such attorney upon a sho…

Code Civ. Proc. § 285.3 Section 285.3

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The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may toll the running of any statute of limitations, filing requirement, statute providing for mandatory dismissal, notice of appeal, or discovery requirement, for a period not to exceed 90 days, on…

Code Civ. Proc. § 285.4 Section 285.4

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The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may appoint any member of the bar or any law firm or professional law corporation to represent the indigent client without compensation, upon a showing of good cause. Nothing herein shall preclude …

Code Civ. Proc. § 286 Section 286

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When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action, for whom he was acting as attorney, must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney, or to…

Code Civ. Proc. § 312 Section 312

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Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute. (Amended by Stats. 1897, Ch. 21.)

Code Civ. Proc. § 313 Section 313

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The general procedure for the presentation of claims as a prerequisite to commencement of actions for money or damages against the State of California, counties, cities, cities and counties, districts, local authorities, and other political subdivisions of the State, and against …

Code Civ. Proc. § 35 Section 35

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(a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests, actions under Section 20012 of the Elections Co…

Code Civ. Proc. § 36 Section 36

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(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such…

Code Civ. Proc. § 36.5 Section 36.5

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An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissibl…

Code Civ. Proc. § 367 Section 367

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Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. (Amended by Stats. 1992, Ch. 178, Sec. 10. Effective January 1, 1993.)

Code Civ. Proc. § 367.10 Section 367.10

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Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules that include standards for when a judicial officer, in limited situations and in the interest of justice, may preside over a remote court proceeding from a location other than a courtr…

Code Civ. Proc. § 367.3 Section 367.3

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(a) For purposes of this section, the following definitions apply: (1) “Identifying characteristics” means the name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to other parties, and race or ethnic b…

Code Civ. Proc. § 367.75 Section 367.75

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(a) (1) Except as provided in subdivisions (b) and (d), in civil cases, when a party has provided notice to the court and all other parties that it or its witness intends to appear remotely, that party or witness may appear remotely and the court may conduct conferences, hearings…

Code Civ. Proc. § 367.76 Section 367.76

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(a) (1) This section applies to proceedings in the following matters: (A) Judicial commitments under Part 2 (commencing with Section 6250) of Division 6 of the Welfare and Institutions Code, except for delinquency proceedings. (B) Involuntary treatment and conservatorships of gra…

Code Civ. Proc. § 367.8 Section 367.8

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(a) Each superior court shall report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or probl…

Code Civ. Proc. § 368 Section 368

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In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, t…

Code Civ. Proc. § 368.5 Section 368.5

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An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made t…

Code Civ. Proc. § 369 Section 369

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(a) The following persons may sue without joining as parties the persons for whose benefit the action is prosecuted: (1) A personal representative, as defined in subdivision (a) of Section 58 of the Probate Code. (2) A trustee of an express trust. (3) Except for a person upon who…

Code Civ. Proc. § 369.5 Section 369.5

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(a) A partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or by which it is known. (b) A member of the partnership or other unincorporated association may be joined as a party in an action against th…

Code Civ. Proc. § 37 Section 37

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(a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by the defendant during the commission of a felony offense for which the defendant has been criminally convicted. (b) The cour…

Code Civ. Proc. § 38 Section 38

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Unless the provision or context otherwise requires, a reference in a statute to a judicial district means: (a) As it relates to a court of appeal, the court of appeal district. (b) As it relates to a superior court, the county. (Amended by Stats. 2018, Ch. 92, Sec. 39. (SB 1289) …

Code Civ. Proc. § 392 Section 392

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(a) Subject to the power of the court to transfer actions and proceedings as provided in this title, the superior court in the county where the real property that is the subject of the action, or some part thereof, is situated, is the proper court for the trial of the following a…

Code Civ. Proc. § 393 Section 393

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Subject to the power of the court to transfer actions and proceedings as provided in this title, the county in which the cause, or some part of the cause, arose, is the proper county for the trial of the following actions: (a) For the recovery of a penalty or forfeiture imposed b…

Code Civ. Proc. § 394 Section 394

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(a) An action or proceeding against a county, or city and county, a city, or local agency, may be tried in the county, or city and county, or the county in which the city or local agency is situated, unless the action or proceeding is brought by a county, or city and county, a ci…

Code Civ. Proc. § 395 Section 395

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(a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the t…

Code Civ. Proc. § 395.1 Section 395.1

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Except as otherwise provided in Section 17005 of the Probate Code pertaining to trustees, when a defendant is sued in an official or representative capacity as executor, administrator, guardian, conservator, or trustee on a claim for the payment of money or for the recovery of pe…

Code Civ. Proc. § 395.2 Section 395.2

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If an unincorporated association has filed a statement with the Secretary of State pursuant to statute, designating its principal office in this state, the proper county for the trial of an action against the unincorporated association is the same as it would be if the unincorpor…

Code Civ. Proc. § 395.5 Section 395.5

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A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power…

Code Civ. Proc. § 396 Section 396

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(a) No appeal or petition filed in the superior court shall be dismissed solely because the appeal or petition was not filed in the proper state court. (b) If the superior court lacks jurisdiction of an appeal or petition, and a court of appeal or the Supreme Court would have jur…

Code Civ. Proc. § 396a Section 396a

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In a case that is subject to Sections 1812.10 and 2984.4 of the Civil Code, or subdivision (b) of Section 395 of the Code of Civil Procedure, or in an action or proceeding for an unlawful detainer as defined in Section 1161 of the Code of Civil Procedure: (a) The plaintiff shall …

Code Civ. Proc. § 396b Section 396b

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(a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be…

Code Civ. Proc. § 397 Section 397

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The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court. (b) When there is reason to believe that an impartial trial cannot be had therein. (c) When the convenience of witnesses and the end…

Code Civ. Proc. § 397.5 Section 397.5

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In any proceeding under the Family Code where it appears that both petitioner and respondent have moved from the county rendering the order, the court may, when the ends of justice and the convenience of the parties would be promoted by the change, order that the proceedings be t…

Code Civ. Proc. § 398 Section 398

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(a) If a court orders the transfer of an action or proceeding for a cause specified in subdivisions (b), (c), and (d) of Section 397, the action or proceeding shall be transferred to a court having jurisdiction of the subject matter of the action upon agreement of the parties by …

Code Civ. Proc. § 399 Section 399

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(a) If an order is made transferring an action or proceeding under any provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment d…

Code Civ. Proc. § 400 Section 400

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When an order is made by the superior court granting or denying a motion to change the place of trial, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the district in which the court granting or…