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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

485 sections·Filtered byTitle CCP✕Ch 2✕

Code Civ. Proc. § 995.440 Section 995.440
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A bond given as a condition of a license or permit shall be continuous in form, remain in full force and effect, and run concurrently with the license or permit period and any and all renewals, or until cancellation or withdrawal of the surety from the bond. (Added by Stats. 1982…
Code Civ. Proc. § 429.30 Section 429.30
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(a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes the person filing a cross-complaint. (b) If the complaint contains a demand for relief on account of the alleged infringement of the plaintiff’s rights in and to a literary, artistic…
Code Civ. Proc. § 515.010 Section 515.010
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(a) Except as provided in subdivision (b), the court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed an undertaking with the court . The undertaking shall provide that the sureties are bound to the defendant for the return of th…
Code Civ. Proc. § 515.020 Section 515.020
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(a) The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff’s un…

Code Civ. Proc. § 515.030 Section 515.030

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(a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of objection to the levying officer. (b) The plaintiff may object to the defendant’s undertaking not later than 10 days after t…

Code Civ. Proc. § 697.910 Section 697.910

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This article applies to liens created by any of the following: (a) An examination proceeding as provided in Section 708.110, 708.120, or 708.205. (b) A creditor’s suit as provided in Section 708.250. (c) A charging order as provided in Section 708.320. (Added by Stats. 1982, Ch. …

Code Civ. Proc. § 697.920 Section 697.920

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Except as provided in Section 9617 of the Commercial Code and in Section 701.630, a lien described in Section 697.910 continues on property subject to the lien, notwithstanding the transfer or encumbrance of the property subject to the lien, unless the transfer or encumbrance is …

Code Civ. Proc. § 995.510 Section 995.510

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(a) A personal surety on a bond is sufficient if all of the following conditions are satisfied: (1) The surety is a person other than the principal. No officer of the court or member of the State Bar shall act as a surety. (2) The surety is a resident, and either an owner of real…

Code Civ. Proc. § 995.520 Section 995.520

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(a) A bond executed by personal sureties shall be accompanied by an affidavit of qualifications of each surety. (b) The affidavit shall contain all of the following information: (1) The name, occupation, residence address, and business address (if any) of the surety. (2) A statem…

Code Civ. Proc. § 516.010 Section 516.010

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The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 516.020 Section 516.020

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The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 516.030 Section 516.030

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The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a …

Code Civ. Proc. § 516.040 Section 516.040

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The judicial duties to be performed under this chapter are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 516.050 Section 516.050

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Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 995.610 Section 995.610

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(a) If a statute provides for a bond with any number of sureties, one sufficient admitted surety insurer may become and shall be accepted as sole surety on the bond. (b) The admitted surety insurer is subject to all the liabilities and entitled to all the rights of personal suret…

Code Civ. Proc. § 995.620 Section 995.620

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Two or more admitted surety insurers may be sureties on a bond by executing the same or separate bonds for amounts aggregating the required amount of the bond. Each admitted surety insurer is jointly and severally liable to the extent of the amount of the liability assumed by it.…

Code Civ. Proc. § 995.630 Section 995.630

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An admitted surety insurer shall be accepted or approved by the court or officer as surety on a bond without further acknowledgment if the bond is executed in the name of the surety insurer under penalty of perjury or the fact of execution of the bond is duly acknowledged before …

Code Civ. Proc. § 995.640 Section 995.640

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Upon review of the Internet Web site of the Department of Insurance, the county clerk of any county shall, upon request of any person, do any of the following: (a) Issue a certificate stating whether a surety is admitted or if the certificate of authority of an admitted surety in…

Code Civ. Proc. § 995.650 Section 995.650

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If an objection is made to the sufficiency of an admitted surety insurer, the person making the objection shall attach to and incorporate in the objection one or both of the following: (a) The certificate of the county clerk of the county in which the court is located stating tha…

Code Civ. Proc. § 995.660 Section 995.660

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(a) If an objection is made to the sufficiency of an admitted surety insurer on a bond or if the bond is required to be approved, the insurer shall submit to the court or officer the following documents: (1) The original, or a certified copy, of the unrevoked appointment, power o…

Code Civ. Proc. § 995.670 Section 995.670

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(a) This section applies to a bond executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state or any law or ordinance of a public agency. No public agency shall require an admitted surety insurer to comply with any requirements other …

Code Civ. Proc. § 995.675 Section 995.675

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Notwithstanding Sections 995.660 and 995.670, the California Integrated Waste Management Board, the State Water Resources Control Board, and the Department of Toxic Substances Control may require, in order to comply with Subtitle C or Subtitle D of the federal Resource Conservati…

Code Civ. Proc. § 995.710 Section 995.710

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(a) Except as provided in subdivision (e) or to the extent the statute providing for a bond precludes a deposit in lieu of bond or limits the form of deposit, the principal may, without prior court approval, instead of giving a bond, deposit with the officer any of the following:…

Code Civ. Proc. § 995.720 Section 995.720

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(a) The market value of bonds or notes, including bearer bonds and bearer notes, shall be agreed upon by stipulation of the principal and beneficiary or, if the bonds or notes are given in an action or proceeding and the principal and beneficiary are unable to agree, the market v…

Code Civ. Proc. § 995.730 Section 995.730

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A deposit given instead of a bond has the same force and effect, is treated the same, and is subject to the same conditions, liability, and statutory provisions, including provisions for increase and decrease of amount, as the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.740 Section 995.740

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If no proceedings are pending to enforce the liability of the principal on the deposit, the officer shall: (a) Pay quarterly, on demand, any interest on the deposit, when earned in accordance with the terms of the account or certificate, to the principal. (b) Deliver to the princ…

Code Civ. Proc. § 995.750 Section 995.750

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(a) The principal shall pay the amount of the liability on the deposit within 30 days after the date on which the judgment of liability becomes final. (b) If the deposit was given to stay enforcement of a judgment on appeal, the principal shall pay the amount of the liability on …

Code Civ. Proc. § 995.760 Section 995.760

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(a) If the principal does not pay the amount of the liability on the deposit within the time prescribed in Section 995.750, the deposit shall be collected, sold, or otherwise applied to the liability upon order of the court that entered the judgment of liability, made upon five d…

Code Civ. Proc. § 995.770 Section 995.770

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A deposit given pursuant to this article shall be returned to the principal at the earliest of the following times: (a) Upon substitution of a sufficient bond for the deposit. The bond shall be in full force and effect for all liabilities incurred, and for acts, omissions, or cau…

Code Civ. Proc. § 995.810 Section 995.810

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The provisions of this article apply to a bond executed to, in favor of, in the name of, or payable to the State of California or the people of the state, including but not limited to an official bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.820 Section 995.820

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Except as otherwise provided by statute, a bond given by an officer of the court for the faithful discharge of the officer’s duties and obedience to the orders of the court shall be to the State of California. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.830 Section 995.830

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If a statute or court order pursuant thereto providing for a bond does not specify the beneficiary of the bond, the bond shall be to the State of California. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.840 Section 995.840

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If a bond under this article is given in an action or proceeding: (a) The bond shall be approved by the court. (b) Any party for whose benefit the bond is given may object to the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.850 Section 995.850

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(a) The liability on a bond under this article may be enforced by or for the benefit of, and in the name of, any and all persons for whose benefit the bond is given who are damaged by breach of the condition of the bond. (b) A person described in subdivision (a) may, in addition …

Code Civ. Proc. § 995.910 Section 995.910

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This article governs objections to a bond given in an action or proceeding. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.920 Section 995.920

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The beneficiary may object to a bond on any of the following grounds: (a) The sureties are insufficient. (b) The amount of the bond is insufficient. (c) The bond, from any other cause, is insufficient. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.930 Section 995.930

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(a) An objection shall be in writing and shall be made by noticed motion. The notice of motion shall specify the precise grounds for the objection. If a ground for the objection is that the amount of the bond is insufficient, the notice of motion shall state the reason for the in…

Code Civ. Proc. § 995.940 Section 995.940

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If a ground for the objection is that the value of property or an interest in property on which the amount of the bond is based exceeds the value estimated in the bond: (a) The objection shall state the beneficiary’s estimate of the market value of the property or interest in pro…

Code Civ. Proc. § 995.950 Section 995.950

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(a) Unless the parties otherwise agree, the hearing on an objection shall be held not less than two or more than five days after service of the notice of motion. (b) The hearing shall be conducted in such manner as the court determines is proper. The court may permit witnesses to…

Code Civ. Proc. § 995.960 Section 995.960

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(a) Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond. (b) If the court determines that the bond is insufficient: (1) The court shall specify in what respect the bond is insufficient and shall order that a bond with sufficien…

Code Civ. Proc. § 996.010 Section 996.010

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(a) If a bond is given in an action or proceeding, the court may determine that the bond is or has from any cause become insufficient because the sureties are insufficient or because the amount of the bond is insufficient. (b) The court determination shall be upon motion supporte…

Code Civ. Proc. § 996.020 Section 996.020

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(a) If a bond is given other than in an action or proceeding and it is shown by affidavit of a credible witness or it otherwise comes to the attention of the officer that the bond is or has from any cause become insufficient because the sureties are insufficient or because the am…

Code Civ. Proc. § 996.030 Section 996.030

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(a) The court if a bond is given or ordered in an action or proceeding, or the officer if a bond is given or ordered other than in an action or proceeding, may determine that the amount of the bond is excessive and order the amount reduced to an amount that in the discretion of t…

Code Civ. Proc. § 996.110 Section 996.110

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(a) A surety on a bond given in an action or proceeding may at any time apply to the court for an order that the surety be released from liability on the bond. (b) The principal on a bond may, if a surety applies for release from liability on a bond, apply to the court for an ord…

Code Civ. Proc. § 996.120 Section 996.120

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Upon the hearing of the application, the court shall determine whether injury to the beneficiary would result from substitution or release of the surety. If the court determines that release would not reduce the amount of the bond or the number of sureties below the minimum requi…

Code Civ. Proc. § 996.130 Section 996.130

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(a) If a substitute surety is given, the substitute surety is subject to all the provisions of this chapter, including but not limited to the provisions governing insufficient and excessive bonds. (b) Upon the substitution of a sufficient surety, the court shall order the release…

Code Civ. Proc. § 996.140 Section 996.140

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If the principal does not give a sufficient substitute surety within the time ordered by the court or such longer time as the surety consents to, all rights obtained by giving the original bond immediately cease and the court shall upon ex parte motion so order. (Added by Stats. …

Code Civ. Proc. § 996.150 Section 996.150

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If a surety is ordered released from liability on a bond: (a) The bond remains in full force and effect for all liabilities incurred before, and for acts, omissions, or causes existing or which arose before, the release. Legal proceedings may be had therefor in all respects as th…

Code Civ. Proc. § 996.210 Section 996.210

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(a) The principal shall give a new, additional, or supplemental bond if the court or officer orders that a new, additional, or supplemental bond be given. (b) The principal may give a new bond if a surety withdraws from or cancels the original bond or to obtain the release of sur…

Code Civ. Proc. § 996.220 Section 996.220

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(a) A new, additional, or supplemental bond shall be in the same form and have the same obligation as the original bond and shall be in all other respects the same as the original bond, and shall be in such amount as is necessary for the purpose for which the new, additional, or …