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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. § 1987.3 Section 1987.3
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When a subpoena duces tecum is served upon a custodian of records or other qualified witness as provided in Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the Evidence Code, and his personal attendance is not required by the terms of the subpoena, Section…
Code Civ. Proc. § 1987.5 Section 1987.5
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The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena. In the case of a subpoena duces tecum which requires appearance and the production of mat…
Code Civ. Proc. § 1988 Section 1988
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If a witness is concealed in a building or vessel, so as to prevent the service of subpoena upon him, any Court or Judge, or any officer issuing the subpoena, may, upon proof by affidavit of the concealment, and of the materiality of the witness, make an order that the Sheriff of…
Code Civ. Proc. § 1989 Section 1989
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A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness before any court, judge, justice or any other officer, unless the witness is a resident within the state at the time of service. (Amended by Stats. 1981, Ch. 184, Se…

Code Civ. Proc. § 1990 Section 1990

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A person present in Court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance upon a subpoena issued by such Court or officer. (Enacted 1872.)

Code Civ. Proc. § 1991 Section 1991

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Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena. When the subpoena, in any such case, requires the attendance of the witness …

Code Civ. Proc. § 1991.1 Section 1991.1

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Disobedience to a subpoena requiring attendance of a witness before an officer out of court in a deposition taken pursuant to Title 4 (commencing with Section 2016.010), or refusal to be sworn as a witness at that deposition, may be punished as contempt, as provided in subdivisio…

Code Civ. Proc. § 1991.2 Section 1991.2

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The provisions of Section 1991 do not apply to any act or omission occurring in a deposition taken pursuant to Title 4 (commencing with Section 2016.010). The provisions of Chapter 7 (commencing with Section 2023.010) of Title 4 are exclusively applicable. (Amended by Stats. 2005…

Code Civ. Proc. § 1992 Section 1992

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A person failing to appear pursuant to a subpoena or a court order also forfeits to the party aggrieved the sum of five hundred dollars ($500), and all damages that he or she may sustain by the failure of the person to appear pursuant to the subpoena or court order, which forfeit…

Code Civ. Proc. § 1993 Section 1993

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(a) (1) As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209, the court may issue a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a co…

Code Civ. Proc. § 1993.1 Section 1993.1

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(a) If authorized by the court as provided by paragraph (11) of subdivision (b) of Section 1993, the sheriff may release the person arrested upon his or her promise to appear as provided in this section. (b) The sheriff shall prepare in duplicate a written notice to appear in cou…

Code Civ. Proc. § 1993.2 Section 1993.2

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If a person arrested on a civil bench warrant issued pursuant to Section 1993 fails to appear after being released on a promise to appear, the court may issue another warrant to bring the person before the court or assess a civil assessment in the amount of not more than one thou…

Code Civ. Proc. § 1994 Section 1994

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Every warrant of commitment, issued by a court or officer pursuant to this chapter, shall specify therein, particularly, the cause of the commitment, and if it be for refusing to answer a question, that question shall be stated in the warrant. (Amended by Stats. 2005, Ch. 474, Se…

Code Civ. Proc. § 1995 Section 1995

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If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for his temporary removal and production before a court or officer may be made as follows: 1. By the court itself in which the action or special procee…

Code Civ. Proc. § 1996 Section 1996

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Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. (Enacted 1872.)

Code Civ. Proc. § 1997 Section 1997

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If the witness be imprisoned in a jail in the county where the action or proceeding is pending, his production may be required. In all other cases his examination, when allowed, must be taken upon deposition. (Amended by Stats. 1941, Ch. 802.)

Code Civ. Proc. § 259 Section 259

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Subject to the supervision of the court, every court commissioner shall have power to do all of the following: (a) Hear and determine ex parte motions for orders and alternative writs and writs of habeas corpus in the superior court for which the court commissioner is appointed. …

Code Civ. Proc. § 263 Section 263

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(a) This chapter may be cited as the Levying Officer Electronic Transactions Act. (b) The Legislature finds and declares that modern technologies offer alternatives to paper-based systems and provide the means to create, store, retrieve, and transmit records and documents in elec…

Code Civ. Proc. § 263.1 Section 263.1

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As used in this chapter, the following terms have the following definitions: (a) “Electronic mail” or “e-mail” means an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of…

Code Civ. Proc. § 263.2 Section 263.2

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(a) A levying officer may utilize an information processing system to create, generate, send, receive, store, display, retrieve, or process information, electronic records, and documents when based on industry standards and only to the extent that the levying officer has the reso…

Code Civ. Proc. § 263.3 Section 263.3

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Whenever the fax transmission of a document or record to a levying officer is authorized pursuant to this chapter, all of the following shall apply: (a) A levying officer may act upon an electronic record or document transmitted by a facsimile machine in the same manner as the pa…

Code Civ. Proc. § 263.4 Section 263.4

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(a) A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based. (b) An electronic record transmitted to a levying officer shall be accompanied by a…

Code Civ. Proc. § 263.6 Section 263.6

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(a) In lieu of returning to court the paper version of an original writ of execution, the levying officer may retain the original writ or an electronic copy of the original writ and file only a return of the levying officer’s actions. (b) If the original writ is not returned to c…

Code Civ. Proc. § 263.7 Section 263.7

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(a) A levying officer shall exclude or redact the following identifiers from any record or document made available to the public: (1) Social security number. (2) Financial account number. (b) If an identifier is redacted, only the last four digits of the number may be used. (c) A…

Code Civ. Proc. § 315 Section 315

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The people of this State will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless: 1. Such right or title shall have accrued within ten years before any action or other proc…

Code Civ. Proc. § 316 Section 316

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No action can be brought for or in respect to real property by any person claiming under letters patent or grants from this State, unless the same might have been commenced by the people as herein specified, in case such patent had not been issued or grant made. (Enacted 1872.)

Code Civ. Proc. § 318 Section 318

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No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencemen…

Code Civ. Proc. § 319 Section 319

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No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the …

Code Civ. Proc. § 320 Section 320

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No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make it descended or accrued. (Enacted 1872.)

Code Civ. Proc. § 321 Section 321

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In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have…

Code Civ. Proc. § 322 Section 322

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When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or ju…

Code Civ. Proc. § 323 Section 323

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For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved; 2. Wher…

Code Civ. Proc. § 324 Section 324

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Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied, and no other, is deemed to have been held adversely. (…

Code Civ. Proc. § 325 Section 325

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(a) For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: (1) Where it has been protected by a substantial enclo…

Code Civ. Proc. § 326 Section 326

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When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or, where there has been no written lease, until the expiration …

Code Civ. Proc. § 327 Section 327

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The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property. (Enacted 1872.)

Code Civ. Proc. § 328 Section 328

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If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make an entry or defense founded on the title to real property, or to rents or services out of the property, is, at the time title first descends or …

Code Civ. Proc. § 328.5 Section 328.5

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If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the property, is, at the time the title first descend…

Code Civ. Proc. § 329 Section 329

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The time within which an action for the foreclosure of a lien securing an assessment against real property for street improvements, the proceedings for which are prescribed by legislation of any political unit other than the state, may be commenced, shall be two years from and af…

Code Civ. Proc. § 329.5 Section 329.5

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The validity of an assessment or supplemental assessment against real property for public improvements, the proceedings for which are prescribed by the legislative body of any chartered city, shall not be contested in any action or proceeding unless the action or proceeding is co…

Code Civ. Proc. § 330 Section 330

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In all cases in which there is now vested or there shall hereafter be vested in a treasurer, street superintendent, or other public official the power to sell at public auction, after demand upon him by the holder of any public improvement bond, any lot or parcel of land upon whi…

Code Civ. Proc. § 370 Section 370

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A married person may be sued without his or her spouse being joined as a party, and may sue without his or her spouse being joined as a party in all actions. (Amended by Stats. 1975, Ch. 1241.)

Code Civ. Proc. § 371 Section 371

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If spouses are sued together, each may defend for his or her own right, but if one spouse neglects to defend, the other spouse may defend for that spouse’s right also. (Amended by Stats. 2016, Ch. 50, Sec. 15. (SB 1005) Effective January 1, 2017.)

Code Civ. Proc. § 403.010 Section 403.010

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Nothing in this chapter expands or limits the law on whether a plaintiff, cross-complainant, or petitioner may file an amended complaint or other amended initial pleading. Nothing in this chapter expands or limits the law on whether, and to what extent, an amendment relates back …

Code Civ. Proc. § 403.020 Section 403.020

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(a) If a plaintiff, cross-complainant, or petitioner files an amended complaint or other amended initial pleading that changes the jurisdictional classification from limited to unlimited, the party at the time of filing the pleading shall pay the reclassification fee provided in …

Code Civ. Proc. § 403.030 Section 403.030

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If a party in a limited civil case files a cross-complaint that causes the action or proceeding to exceed the maximum amount in controversy for a limited civil case or otherwise fail to satisfy the requirements for a limited civil case as prescribed by Section 85, the caption of …

Code Civ. Proc. § 403.040 Section 403.040

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(a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respo…

Code Civ. Proc. § 403.050 Section 403.050

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(a) The parties to the action or proceeding may stipulate to reclassification of the case within the time allowed to respond to the initial pleading. (b) If the stipulation for reclassification changes the jurisdictional classification of the case from limited to unlimited, the r…

Code Civ. Proc. § 403.060 Section 403.060

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(a) For reclassification of a case from a limited civil case to an unlimited civil case, a fee shall be charged as provided in Section 70619 of the Government Code. This reclassification fee shall be in addition to any other fee due for that appearance or filing in a limited civi…

Code Civ. Proc. § 403.070 Section 403.070

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(a) An action or proceeding that is reclassified shall be deemed to have been commenced at the time the complaint or petition was initially filed, not at the time of reclassification. (b) The court shall have and exercise over the reclassified action or proceeding the same author…