Title CCP, California Code Civ. Proc.

(a) A judgment lien on personal property has priority over any other judgment lien thereafter created on the property. (b) For the purpose of this section, if two or more judgment liens attach to after-acquired property at the same time under subdivision (b) of Section 697.530, t…

Except as provided in Sections 9617 and 9622 of the Commercial Code, a judgment lien on personal property continues notwithstanding the sale, exchange, or other disposition of the property, unless the person receiving the property is one of the following: (a) A buyer in ordinary …

(a) As used in this section: (1) “Cash proceeds” means money, checks, deposit accounts, and the like. (2) “Proceeds” means identifiable cash proceeds received upon the sale, exchange, collection, or other disposition of property subject to a judgment lien on personal property. (b…

(a) The judgment creditor, judgment debtor, owner of property subject to a judgment lien on personal property created under the judgment, or a person having a security interest in or a lien on the property subject to the judgment lien, may file in the office of the Secretary of S…

(a) The judgment creditor may by a writing do any of the following: (1) Release the judgment lien on all the personal property subject to the lien of a sole judgment debtor or of all the judgment debtors. (2) If the notice of judgment lien names more than one judgment debtor, rel…

(a) If a notice of judgment lien on personal property filed in the office of the Secretary of State appears to create a judgment lien on personal property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the ju…

(a) The Secretary of State may prescribe, provided that a cost-savings would be achieved thereby: (1) The forms for the notice of judgment lien on personal property and the statement of continuation, release, or subordination provided for in this article. (2) The form for the sta…

(a) A judgment creditor may apply to the court for an order reinstating a released lien on personal property and its priority at the time of cancellation. Subject to subdivisions (b) and (c), the court shall order the reinstatement of a lien with the same priority that it held at…

The answer shall set forth: (a) Any interest the defendant has or claims in the property. (b) Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true. (c) Where the defendant seeks sale of the property, an alle…

Where the defendant has or claims a lien on the property, the answer shall set forth the date and character of the lien and the amount remaining due thereon. (Added by Stats. 1976, Ch. 73.)

The answer may set forth any claim the defendant has for contribution or other compensatory adjustment. (Added by Stats. 1976, Ch. 73.)

Unless the statute providing for the bond requires execution by an admitted surety insurer, a bond shall be executed by two or more sufficient personal sureties or by one sufficient admitted surety insurer or by any combination of sufficient personal sureties and admitted surety …

(a) Notwithstanding any other provision of law, any bond required on a public works contract, as defined in Section 1101 of the Public Contract Code, shall be executed by an admitted surety insurer. A public agency approving the bond on a public works contract shall have a duty t…

(a) A bond shall be in writing signed by the sureties under oath and shall include all of the following: (1) A statement that the sureties are jointly and severally liable on the obligations of the statute providing for the bond. (2) The address at which the principal and suretie…

A bond or undertaking given in an action or proceeding may be in the following form: “(Title of court. Title of cause.) Whereas the ... desires to give (a bond) (an undertaking) for (state what) as provided by (state sections of code requiring bond or undertaking); now, therefore…

If a bond is given in an action or proceeding: (a) The bond shall be filed with the court unless the statute providing for the bond requires that the bond be given to another person. (b) If the statute providing for the bond requires that the bond be given to an officer, the offi…

(a) Upon the filing of a bond with the court in an action or proceeding, the clerk shall enter in the register of actions the following information: (1) The date and amount of the bond. (2) The names of the sureties on the bond. (b) In the event of the loss of the bond, the entri…

A bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only if one of the following conditions is satisfied: (a) The beneficiary so stipulates. (b) The bond is no longer in force and effect and the time during wh…

At the time a bond is given, the principal shall serve a copy of the bond on the beneficiary. An affidavit of service shall be given and filed with the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)

(a) If a bond does not contain the substantial matter or conditions required by this chapter or by the statute providing for the bond, or if there are any defects in the giving or filing of the bond, the bond is not void so as to release the principal and sureties from liability.…

A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both of the following: (a) Any cause of action he has against any of the parties who filed the complaint or cross-complaint against him. N…

When a person files a cross-complaint as authorized by Section 428.10, he may join any person as a cross-complainant or cross-defendant, whether or not such person is already a party to the action, if, had the cross-complaint been filed as an independent action, the joinder of th…

Where a person files a cross-complaint as authorized by Section 428.10, he may unite with the cause of action asserted in the cross-complaint any other causes of action he has against any of the cross-defendants, other than the plaintiff in an eminent domain proceeding, whether o…

The cross-complaint shall be a separate document. (Added by Stats. 1971, Ch. 244.)

(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court …

A cross-complaint shall be served on each of the parties in an action in the following manner: (1) If a party has not appeared in the action, a summons upon the cross-complaint shall be issued and served upon him in the same manner as upon commencement of an original action. (2) …

(a) As used in this section: (1) “Third-party plaintiff” means a person against whom a cause of action has been asserted in a complaint or cross-complaint, who claims the right to recover all or part of any amounts for which he may be held liable on such cause of action from a th…

The counterclaim is abolished. Any cause of action that formerly was asserted by a counterclaim shall be asserted by a cross-complaint. Where any statute refers to asserting a cause of action as a counterclaim, such cause shall be asserted as a cross-complaint. The erroneous desi…

(a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safeke…

(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, a copy of the plaintiff’s undertaking, if any, and a copy of the order for issuance of the writ. (b) If no one is in possession of the property…

(a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided by Sections 512.020 and 514.050: (1) If notice of the filing of an undertaking for redelivery or notice of …

The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the writ is issued. (Added by Stats. 1973, Ch. 526.)

Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with Section 720.010) of Title 9 apply. (Amended by Stats. 1982, Ch. 497, Sec. 33. Operative July 1, 1983, by Sec. 185 of Ch. 49…

A levy on property under a writ of execution creates an execution lien on the property from the time of levy until the expiration of two years after the date of issuance of the writ unless the judgment is sooner satisfied. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1…

Subject to Section 701.630, if an interest in real property subject to an execution lien is transferred or encumbered, the interest transferred or encumbered remains subject to the lien after the transfer or encumbrance. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, …

(a) Subject to Section 701.630 and except as provided in subdivision (b), if tangible personal property subject to an execution lien is in the custody of a levying officer and is transferred or encumbered, the property remains subject to the lien after the transfer or encumbrance…

Except as provided in Sections 9617 and 9622 of the Commercial Code and in Section 701.630, if personal property subject to an execution lien is not in the custody of a levying officer and the property is transferred or encumbered, the property remains subject to the lien after t…

Notwithstanding Section 697.740, except as provided in Section 9617 of the Commercial Code and in Section 701.630, if (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil or gas) to be extracted or accounts receivable resulting from the sale thereof…

The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought. (Added by Stats. 1976, Ch. 73.)

(a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550. (b) If the ownership or the share or quantity of the inte…

(a) If a person described in Section 872.510 is dead and the plaintiff knows of a personal representative, the plaintiff shall join such personal representative as a defendant. (b) If a person described in Section 872.510 is dead, or is believed by the plaintiff to be dead, and t…

Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff need not join as defendants persons whose only interest in the property is that of a lessee, royalty-owner, lessor-owner of other …

Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the property,” naming them in that manner. (Added by Stats. 1976, Ch. 73.)

(a) A bond becomes effective without approval unless the statute providing for the bond requires that the bond be approved by the court or officer. (b) If the statute providing for a bond requires that the bond be approved, the court or officer may approve or disapprove the bond …

(a) Unless the statute providing for a bond provides that the bond becomes effective at a different time, a bond is effective at the time it is given or, if the statute requires that the bond be approved, at the time it is approved. (b) If the statute providing for a bond provide…

A bond remains in force and effect until the earliest of the following events: (a) The sureties withdraw from or cancel the bond or a new bond is given in place of the original bond. (b) The purpose for which the bond was given is satisfied or the purpose is abandoned without any…