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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

46 sections·Filtered byTitle CCP✕Ch 10✕

Code Civ. Proc. § 1265.010 Section 1265.010
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Although this chapter provides rules governing compensation for particular interests in property, it does not otherwise limit or affect the right to compensation for any other interest in property. (Added by Stats. 1975, Ch. 1275.)
Code Civ. Proc. § 1265.110 Section 1265.110
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Where all the property subject to a lease is acquired for public use, the lease terminates. (Added by Stats. 1975, Ch. 1275.)
Code Civ. Proc. § 1265.120 Section 1265.120
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Except as provided in Section 1265.130, where part of the property subject to a lease is acquired for public use, the lease terminates as to the part taken and remains in force as to the remainder, and the rent reserved in the lease that is allocable to the part taken is extingui…
Code Civ. Proc. § 1265.130 Section 1265.130
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Where part of the property subject to a lease is acquired for public use, the court may, upon petition of any party to the lease, terminate the lease if the court determines that an essential part of the property subject to the lease is taken or that the remainder of the property…

Code Civ. Proc. § 1265.140 Section 1265.140

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The termination or partial termination of a lease pursuant to this article shall be at the earlier of the following times: (a) The time title to the property is taken by the person who will put it to the public use. (b) The time the plaintiff is authorized to take possession of t…

Code Civ. Proc. § 1265.150 Section 1265.150

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Nothing in this article affects or impairs any right a lessee may have to compensation for the taking of his lease in whole or in part or for the taking of any other property in which he has an interest. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1265.160 Section 1265.160

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Nothing in this article affects or impairs the rights and obligations of the parties to a lease to the extent that the lease provides for such rights and obligations in the event of the acquisition of all or a portion of the property for public use. (Added by Stats. 1975, Ch. 127…

Code Civ. Proc. § 1265.210 Section 1265.210

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As used in this article, “lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1265.220 Section 1265.220

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Where property acquired by eminent domain is encumbered by a lien and the indebtedness secured thereby is not due at the time of the entry of judgment, the amount of such indebtedness may be, at the option of the plaintiff, deducted from the judgment and the lien shall be continu…

Code Civ. Proc. § 1265.225 Section 1265.225

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(a) Where there is a partial taking of property encumbered by a lien, the lienholder may share in the award only to the extent determined by the court to be necessary to prevent an impairment of the security, and the lien shall continue upon the part of the property not taken as …

Code Civ. Proc. § 1265.230 Section 1265.230

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(a) This section applies only where there is a partial taking of property encumbered by a lien and the part taken or some portion of it is also encumbered by a junior lien that extends to only a portion of the property encumbered by the senior lien. This section provides only for…

Code Civ. Proc. § 1265.240 Section 1265.240

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Where the property acquired for public use is encumbered by a lien, the amount payable to the lienholder shall not include any penalty for prepayment. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1265.250 Section 1265.250

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(a) As used in this section: (1) “Fixed lien special assessment” means a nonrecurring assessment levied on property in a fixed amount by a local public entity for the capital expenditure for a specific improvement, whether collectible in a lump sum or in installments. (2) “Specia…

Code Civ. Proc. § 1265.410 Section 1265.410

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(a) Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of the property upon violation of the use restriction: (1) If violation of the use restriction was otherwise reasonably imminen…

Code Civ. Proc. § 1265.420 Section 1265.420

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Where property acquired for public use is subject to a life tenancy, upon petition of the life tenant or any other person having an interest in the property, the court may order any of the following: (a) An apportionment and distribution of the award based on the value of the int…

Code Civ. Proc. § 1062.20 Section 1062.20

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(a) In accordance with rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in the following civil actions: (1) Enforcement of …

Code Civ. Proc. § 2026.010 Section 2026.010

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(a) Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in another state of the United States, or in a territory or an insular possession subject to its jurisdiction. Except as modified in this section, the procedures for taking oral dep…

Code Civ. Proc. § 2027.010 Section 2027.010

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(a) Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in a foreign nation. Except as modified in this section, the procedures for taking oral depositions in California set forth in Chapter 9 (commencing with Section 2025.010) apply to …

Code Civ. Proc. § 490.010 Section 490.010

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A wrongful attachment consists of any of the following: (a) The levy under a writ of attachment or the service of a temporary protective order in an action in which attachment is not authorized, except that it is not a wrongful attachment if both of the following are established:…

Code Civ. Proc. § 490.020 Section 490.020

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(a) The liability of a plaintiff for causing a wrongful attachment under Section 490.010 includes both of the following: (1) All damages proximately caused to the defendant by the wrongful attachment. (2) All costs and expenses, including attorney’s fees, reasonably expended in d…

Code Civ. Proc. § 490.040 Section 490.040

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The amount of any recovery for wrongful attachment shall be offset insofar as possible against any unsatisfied amounts owed to the plaintiff by the defendant on the judgment in the action for which wrongful attachment damages are awarded. (Added by Stats. 1974, Ch. 1516.)

Code Civ. Proc. § 490.060 Section 490.060

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Nothing in this chapter limits the right to recover for damages caused by an attachment or protective order on any common law theory of recovery. (Added by Stats. 1974, Ch. 1516.)

Code Civ. Proc. § 690.020 Section 690.020

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For the purpose of the remedies provided under this chapter, jurisdiction is conferred upon the superior court. (Added by Stats. 2015, Ch. 803, Sec. 1. (SB 588) Effective January 1, 2016.)

Code Civ. Proc. § 690.030 Section 690.030

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(a) Except as otherwise provided by statute, whenever a warrant or notice of levy may properly be issued by the Labor Commissioner pursuant to Section 96.8 of the Labor Code, and the warrant may be levied with the same effect as a levy pursuant to a writ of execution, the Labor C…

Code Civ. Proc. § 690.040 Section 690.040

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(a) Whenever the Labor Commissioner, pursuant to Section 96.8 of the Labor Code, levies upon property pursuant to a warrant or notice of levy for the collection of an unsatisfied judgment or award: (1) If the debtor is a natural person, the debtor is entitled to the same exemptio…

Code Civ. Proc. § 690.050 Section 690.050

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(a) Notwithstanding any other law, in the case of a writ of execution issued by a court of competent jurisdiction pursuant to Chapter 3 (commencing with Section 699.010) and Chapter 5 (commencing with Section 706.010) of Division 2, the Labor Commissioner, when collecting an unsa…

Code Civ. Proc. § 871.1 Section 871.1

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as used in this chapter, “good faith improver” means: (a) A person who makes an improvement to land in good faith and under the erroneous belief, because of a mistake of law or fact, that he is the owner of the land. (b) A successor in interest of a person described in subdivisio…

Code Civ. Proc. § 871.2 Section 871.2

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As used in this chapter, “person” includes an unincorporated association. (Amended by Stats. 1971, Ch. 244.)

Code Civ. Proc. § 871.3 Section 871.3

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(a) An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of whether a defendant cross-complains for relief under this chapter. Any other case in which a defendant cross-complains for relief und…

Code Civ. Proc. § 871.4 Section 871.4

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The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the Code of Civil Procedure or right to remove the improvement under Section 1013.5 of the Civil Code would result in substa…

Code Civ. Proc. § 871.5 Section 871.5

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When an action or cross-complaint is brought pursuant to Section 871.3, the court may, subject to Section 871.4, effect such an adjustment of the rights, equities, and interests of the good faith improver, the owner of the land, and other interested parties (including, but not li…

Code Civ. Proc. § 871.6 Section 871.6

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Nothing in this chapter affects the rules of law which determine the relief, if any, to be granted when a person constructs on his own land an improvement which encroaches on adjoining land. (Added by Stats. 1968, Ch. 150.)

Code Civ. Proc. § 871.7 Section 871.7

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(a) This chapter does not apply where the improver is a public entity or where the improvement is made to land owned or possessed by a public entity. As used in this section, “public entity” includes the United States, a state, county, city and county, city, district, public auth…

Code Civ. Proc. § 874.311 Section 874.311

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(a) This act shall be known, and may be cited, as the Partition of Real Property Act. (b) This act applies to real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property. (c) This act applie…

Code Civ. Proc. § 874.312 Section 874.312

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For purposes of this chapter, the following definitions apply: (a) “Determination of value” means a court order determining the fair market value of the property under Section 874.316 or 874.320 or adopting the valuation of the property agreed to by all cotenants. (b) “Partition …

Code Civ. Proc. § 874.313 Section 874.313

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(a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record. (b) This chapter supplements the other provisions of this title and, if an action is governed by this chapter, this chapter s…

Code Civ. Proc. § 874.314 Section 874.314

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(a) This act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publication, the plaintiff, not later than 10 days after the court’s determination, shall pos…

Code Civ. Proc. § 874.315 Section 874.315

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If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested and impartial and not a party to or a participant in the action. (Added by Stats. 2021, Ch. 119, Se…

Code Civ. Proc. § 874.316 Section 874.316

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(a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the property by ordering an appraisal pursuant to subdivision (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, the…

Code Civ. Proc. § 874.317 Section 874.317

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(a) If any cotenant requested partition by sale, the court shall, after the determination of value under Section 874.316, send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested part…

Code Civ. Proc. § 874.318 Section 874.318

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(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after conclusion of the buyout under Section 874.317 a cotenant remains that has requested partition in kind, the court shall order p…

Code Civ. Proc. § 874.319 Section 874.319

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(a) In determining whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) Whether the property practicably can be divided among the cotenants. (2) Whether partition in kind would apportion the property in…

Code Civ. Proc. § 874.320 Section 874.320

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(a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open-market s…

Code Civ. Proc. § 874.321 Section 874.321

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(a) A broker appointed to offer property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under Section 874.316 or 874.320. (b) The report required by subdivision …

Code Civ. Proc. § 874.321.5 Section 874.321.5

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In an action for partition of property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.040, except that the court shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable a…

Code Civ. Proc. § 874.323 Section 874.323

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This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)), or authorize electronic delivery of any of the n…