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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

462 sections·Filtered byTitle CCP✕Ch 3✕

Code Civ. Proc. § 1240.320 Section 1240.320
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(a) Any public entity authorized to exercise the power of eminent domain to acquire property for a particular use may exercise the power of eminent domain to acquire for that use substitute property if all of the following are established: (1) The owner of the necessary property …
Code Civ. Proc. § 1240.330 Section 1240.330
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(a) Where necessary property is devoted to public use, any public entity authorized to exercise the power of eminent domain to acquire such property for a particular use may exercise the power of eminent domain to acquire substitute property in its own name, relocate on such subs…
Code Civ. Proc. § 1240.350 Section 1240.350
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(a) Whenever a public entity acquires property for a public use and exercises or could have exercised the power of eminent domain to acquire such property for such use, the public entity may exercise the power of eminent domain to acquire such additional property as appears reaso…
Code Civ. Proc. § 1297.131 Section 1297.131
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The parties may agree on a procedure for challenging an arbitrator and the decision reached pursuant to that procedure shall be final. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.132 Section 1297.132

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Failing any agreement referred to in Section 1297.131, a party which intends to challenge an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in Sections 1297.124 and 1297.1…

Code Civ. Proc. § 1297.133 Section 1297.133

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Unless the arbitrator challenged under Section 1297.132 withdraws from his or her office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.134 Section 1297.134

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If a challenge following the procedure under Section 1297.133 is not successful, the challenging party may request the superior court, within 30 days after having received notice of the decision rejecting the challenge, to decide on the challenge. If a challenge is based upon the…

Code Civ. Proc. § 1297.135 Section 1297.135

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The decision of the superior court under Section 1297.134 is final and is not subject to appeal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.136 Section 1297.136

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While a request under Section 1297.134 is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and make an arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1953 Section 1953

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As used in this article “record” includes all or any part of any judgment, decree, order, document, paper, process, or file. (Added by Stats. 1953, Ch. 52.)

Code Civ. Proc. § 1953.01 Section 1953.01

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Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason of conflagration or other public calamity, any person interested therein may apply by a duly verified petition in writing to the court f…

Code Civ. Proc. § 1953.02 Section 1953.02

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Upon notice given pursuant to Sections 1010 to 1020, inclusive, of this code, and its being shown to the satisfaction of the court that the record has been so lost, injured, or destroyed, the court shall make an order that the certified copy shall thereafter have the same effect …

Code Civ. Proc. § 1953.03 Section 1953.03

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Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason of conflagration or other public calamity, and a certified copy of the original cannot be supplied, any person interested therein may ma…

Code Civ. Proc. § 1953.04 Section 1953.04

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Upon the hearing if the court is satisfied that the statements contained in the written application are true, it shall make an order reciting the substance and effect of the lost, injured, or destroyed record. The order shall have the same effect that the original would have had …

Code Civ. Proc. § 1953.05 Section 1953.05

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The record in all cases where the proceeding is in rem, including probate, guardianship, conservatorship, and insolvency proceedings, may be supplied in like manner upon like notice to all persons who have appeared therein, and upon notice by publication or postings for not less …

Code Civ. Proc. § 1953.06 Section 1953.06

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If an appeal to a reviewing court has been taken in any action or special proceeding in any trial court in which the record has been subsequently lost or destroyed by conflagration or other public calamity and a transcript of such record has been filed in the reviewing court, any…

Code Civ. Proc. § 700.010 Section 700.010

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(a) At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the following on the judgment debtor: (1) The writ of execution. (2) A notice of levy. (3) If the judgment debtor is a natural person, a copy of the form listing exe…

Code Civ. Proc. § 700.015 Section 700.015

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(a) To levy upon real property, the levying officer shall record with the recorder of the county where the real property is located a copy of the writ of execution and a notice of levy that describes the property levied upon and states that the judgment debtor’s interest in the d…

Code Civ. Proc. § 700.020 Section 700.020

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(a) To levy upon (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, the levying officer shall record with the recorder of the county where…

Code Civ. Proc. § 700.030 Section 700.030

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Unless another method of levy is provided by this article, to levy upon tangible personal property in the possession or under the control of the judgment debtor, the levying officer shall take the property into custody. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1…

Code Civ. Proc. § 700.040 Section 700.040

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(a) Unless another method of levy is provided by this article, to levy upon tangible personal property in the possession or under the control of a third person, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the third person. (b…

Code Civ. Proc. § 700.050 Section 700.050

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(a) To levy upon personal property in the custody of a levying officer: (1) If the writ of execution is directed to the levying officer having custody of the property, the judgment creditor shall deliver the writ to the levying officer. (2) If the writ of execution is directed to…

Code Civ. Proc. § 700.060 Section 700.060

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(a) To levy upon goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has issued a negotiable document of title therefor, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the b…

Code Civ. Proc. § 700.070 Section 700.070

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To levy upon tangible personal property of a going business in the possession or under the control of the judgment debtor, the levying officer shall comply with Section 700.030, except to the extent that the judgment creditor instructs that levy be made in the following manner: (…

Code Civ. Proc. § 700.080 Section 700.080

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(a) To levy upon personal property used as a dwelling, the levying officer shall serve a copy of the writ of execution and a notice of levy on one occupant of the property. Service on the occupant shall be made by leaving the copy of the writ and the notice of levy with the occup…

Code Civ. Proc. § 700.090 Section 700.090

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If a vehicle or vessel is levied upon and a certificate of ownership has been issued by the Department of Motor Vehicles for such vehicle or vessel and the certificate of ownership is still in effect, or if a manufactured home, mobilehome, or commercial coach is levied upon and a…

Code Civ. Proc. § 700.100 Section 700.100

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(a) To levy upon chattel paper, the levying officer shall: (1) If the chattel paper is in the possession of the judgment debtor, take the chattel paper into custody. (2) If the chattel paper is in the possession of a third person, personally serve a copy of the writ of execution …

Code Civ. Proc. § 700.110 Section 700.110

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(a) To levy upon an instrument, the levying officer shall: (1) If the instrument is in the possession of the judgment debtor, take the instrument into custody. (2) If the instrument is in the possession of a third person, personally serve a copy of the writ of execution and a not…

Code Civ. Proc. § 700.120 Section 700.120

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To levy upon a negotiable document of title, the levying officer shall: (a) If the negotiable document of title is in the possession of the judgment debtor, take the negotiable document of title into custody. (b) If the negotiable document of title is in the possession of a third…

Code Civ. Proc. § 700.130 Section 700.130

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To levy upon a security, the levying officer shall comply with Section 8112 of the Commercial Code. The legal process referred to in Section 8112 of the Commercial Code means the legal process required by the state in which the chief executive office of the issuer of the security…

Code Civ. Proc. § 700.140 Section 700.140

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(a) Subject to Sections 684.115 and 700.160, to levy upon a deposit account, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the financial institution with which the deposit account is maintained. (b) The execution lien that aris…

Code Civ. Proc. § 700.150 Section 700.150

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(a) Subject to Section 700.160, to levy upon property in a safe-deposit box, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the financial institution with which the safe-deposit box is maintained. (b) At the time of the levy or …

Code Civ. Proc. § 700.160 Section 700.160

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(a) Except as provided in subdivision (b), a deposit account or safe-deposit box standing in the name of a person other than the judgment debtor, either alone or together with third persons, is not subject to levy under Section 700.140 or 700.150 unless the legal process served o…

Code Civ. Proc. § 700.170 Section 700.170

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(a) Unless another method of levy is provided by this article, to levy upon an account receivable or general intangible, the levying officer shall personally serve a copy of the writ of execution and a notice of levy on the account debtor. (b) If a levy is made under subdivision …

Code Civ. Proc. § 700.180 Section 700.180

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(a) The following property may be levied upon pursuant to this article notwithstanding that the property levied upon is the subject of a pending action or special proceeding: (1) Real property. (2) Growing crops, timber to be cut, or minerals or the like (including oil and gas) t…

Code Civ. Proc. § 700.190 Section 700.190

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(a) As used in this section, “final money judgment” means a money judgment after the time for appeal from the judgment has expired or, if an appeal is filed, after the appeal has been finally determined. (b) To levy upon a final money judgment, the levying officer shall file a co…

Code Civ. Proc. § 700.200 Section 700.200

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(a) To levy upon the interest of the judgment debtor in personal property in the estate of a decedent, whether the interest arises by testate or intestate succession, the levying officer shall personally serve a copy of the writ and a notice of levy on the personal representative…

Code Civ. Proc. § 1240.410 Section 1240.410

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(a) As used in this section, “remnant” means a remainder or portion thereof that will be left in such size, shape, or condition as to be of little market value. (b) Whenever the acquisition by a public entity by eminent domain of part of a larger parcel of property will leave a r…

Code Civ. Proc. § 1240.420 Section 1240.420

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When property is sought to be acquired pursuant to Section 1240.410, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to that section. It shall be presumed from the adoption of the resolution that the taking of the property …

Code Civ. Proc. § 1240.430 Section 1240.430

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A public entity may sell, lease, exchange, or otherwise dispose of property taken under this article and may credit the proceeds to the fund or funds available for acquisition of the property being acquired for the public work or improvement. Nothing in this section relieves a pu…

Code Civ. Proc. § 1297.141 Section 1297.141

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The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay, and he withdraws from his or her office or the parties agree to the termination of his or her mandate. (Added by…

Code Civ. Proc. § 1297.142 Section 1297.142

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If a controversy remains concerning any of the grounds referred to in Section 1297.141, a party may request the superior court to decide on the termination of the mandate. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.143 Section 1297.143

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A decision of the superior court under Section 1297.142 is not subject to appeal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.144 Section 1297.144

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If, under this section or Section 1297.132, an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in Section 1297.132. (Added by Stats. 1988, Ch. 23, Sec. …

Code Civ. Proc. § 701.010 Section 701.010

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(a) Except as otherwise provided by statute, when a levy is made by service of a copy of the writ of execution and a notice of levy on a third person, the third person at the time of levy or promptly thereafter shall comply with this section. (b) Unless the third person has good …

Code Civ. Proc. § 701.020 Section 701.020

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(a) If a third person is required by this article to deliver property to the levying officer or to make payments to the levying officer and the third person fails or refuses without good cause to do so, the third person is liable to the judgment creditor for whichever of the foll…

Code Civ. Proc. § 701.030 Section 701.030

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(a) At the time of service of a copy of the legal process on a third person, the levying officer shall request the third person to give the levying officer a garnishee’s memorandum containing the information required by this section. Within 10 days after the legal process is serv…

Code Civ. Proc. § 701.035 Section 701.035

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A third person who gives a garnishee’s memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee’s memorandum of any information contained in the garnishee’s memorandum. (Added by Stats. 1983, Ch. 155, Sec. 14.6. Effective June 30, 1983. Op…

Code Civ. Proc. § 701.040 Section 701.040

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(a) Except as otherwise ordered by the court upon a determination that the judgment creditor’s lien has priority over the security interest, if property levied upon is subject to a security interest that attached prior to levy, the property or obligation is subject to enforcement…

Code Civ. Proc. § 701.050 Section 701.050

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After service of a copy of the writ of execution and a notice of levy on an account debtor obligated on an account receivable, chattel paper, or general intangible: (a) If the account debtor has been making payments or is required to make payments to the judgment debtor, the acco…