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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. § 1240.010 Section 1240.010
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The power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by t…
Code Civ. Proc. § 1240.020 Section 1240.020
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The power of eminent domain may be exercised to acquire property for a particular use only by a person authorized by statute to exercise the power of eminent domain to acquire such property for that use. (Added by Stats. 1975, Ch. 1275.)
Code Civ. Proc. § 1240.030 Section 1240.030
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The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with t…
Code Civ. Proc. § 1240.040 Section 1240.040
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A public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1240.050 Section 1240.050

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A local public entity may acquire by eminent domain only property within its territorial limits except where the power to acquire by eminent domain property outside its limits is expressly granted by statute or necessarily implied as an incident of one of its other statutory powe…

Code Civ. Proc. § 1240.055 Section 1240.055

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(a) As used in this section, the following terms have the following meanings: (1) “Conservation easement” means a conservation easement as defined in Section 815.1 of the Civil Code and recorded as required by Section 815.5 of the Civil Code. (2) “Holder of a conservation easemen…

Code Civ. Proc. § 1297.101 Section 1297.101

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The parties may agree on the number of arbitrators. Otherwise, there shall be one arbitrator. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1335 Section 1335

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When payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit shall thereafter be maintained by any other claimant against the State or any officer thereof for or on account of such property. (Added by Stats. 1951,…

Code Civ. Proc. § 2002 Section 2002

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The testimony of witnesses is taken in three modes: 1. By affidavit; 2. By deposition; 3. By oral examination. (Enacted 1872.)

Code Civ. Proc. § 2003 Section 2003

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An affidavit is a written declaration under oath, made without notice to the adverse party. (Enacted 1872.)

Code Civ. Proc. § 2004 Section 2004

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A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine. In all actions and proceedings where the default of the defendant has been duly entered, and in all proceedings to obtain letters…

Code Civ. Proc. § 2005 Section 2005

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An oral examination is an examination in presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness. (Enacted 1872.)

Code Civ. Proc. § 430.10 Section 430.10

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The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of action alleged in th…

Code Civ. Proc. § 430.20 Section 430.20

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A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this s…

Code Civ. Proc. § 430.30 Section 430.30

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(a) When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading. (b) When any ground…

Code Civ. Proc. § 430.40 Section 430.40

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(a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint. (b) A party who has filed a complaint or cross-complaint may, within 10 days after service of …

Code Civ. Proc. § 430.41 Section 430.41

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(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached th…

Code Civ. Proc. § 430.50 Section 430.50

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(a) A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action stated therein. (b) A demurrer to an answer may be taken to the whole answer or to any one or more of the several defenses set up in the answe…

Code Civ. Proc. § 430.60 Section 430.60

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A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so, it may be disregarded. (Added by Stats. 1971, Ch. 244.)

Code Civ. Proc. § 430.70 Section 430.70

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When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the demurrer, or in the supporting points and authorities for the purpose of invoking such notice, e…

Code Civ. Proc. § 430.80 Section 430.80

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(a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that party is deemed to have waived the objection unless it is an objection that the court has no jurisdiction of the subject of the cause of…

Code Civ. Proc. § 430.90 Section 430.90

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(a) Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later remanded for improper removal, the time to respond shall be as follows: (1) If the defendant has not generally appeared in either the original…

Code Civ. Proc. § 683.010 Section 683.010

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Except as otherwise provided by statute or in the judgment, a judgment is enforceable under this title upon entry. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Code Civ. Proc. § 683.020 Section 683.020

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Except as otherwise provided by statute, upon the expiration of 10 years after the date of entry of a money judgment or a judgment for possession or sale of property: (a) The judgment may not be enforced. (b) All enforcement procedures pursuant to the judgment or to a writ or ord…

Code Civ. Proc. § 683.030 Section 683.030

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If a money judgment is payable in installments, the 10-year period of enforceability prescribed by Section 683.020 runs as to each installment from the date the installment becomes due and runs as to costs from the date the costs are added to the judgment pursuant to Section 685.…

Code Civ. Proc. § 683.040 Section 683.040

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If the judgment creditor applies for a writ for the enforcement of a judgment and the application is made more than 10 years after the date the judgment was entered or renewed, the application shall be accompanied by an affidavit of a person having knowledge of the facts stating …

Code Civ. Proc. § 683.050 Section 683.050

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(a) Except as provided in subdivision (b), nothing in this chapter limits any right the judgment creditor may have to bring an action on a judgment, but any such action shall be commenced within the period prescribed by Section 337.5. (b) Notwithstanding subdivision (a), no actio…

Code Civ. Proc. § 699.010 Section 699.010

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Except as otherwise provided by statute, this chapter governs enforcement of a money judgment by a writ of execution. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Code Civ. Proc. § 699.020 Section 699.020

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At any time after delivery of a writ of execution to a levying officer and before its return, a person indebted to the judgment debtor may pay to the levying officer the amount of the debt or so much thereof as is necessary to satisfy the money judgment. The levying officer shall…

Code Civ. Proc. § 699.030 Section 699.030

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If personal property sought to be levied upon is located in a private place of the judgment debtor: (a) The levying officer making the levy shall demand delivery of the property by the judgment debtor and shall advise the judgment debtor that the judgment debtor may be liable for…

Code Civ. Proc. § 699.040 Section 699.040

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(a) If a writ of execution is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the judgment debtor to transfer to the levying officer either or both of the following: (1…

Code Civ. Proc. § 699.060 Section 699.060

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(a) The levying officer shall release property levied upon when the levying officer receives a written direction to release the property from the judgment creditor’s attorney of record or, if the judgment creditor does not have an attorney of record, from the judgment creditor, o…

Code Civ. Proc. § 699.070 Section 699.070

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(a) The court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the value of property levied upon, including but not limited to selling the property, if the court determines that the property is perishable or wil…

Code Civ. Proc. § 699.080 Section 699.080

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(a) A registered process server may levy under a writ of execution on the following types of property: (1) Real property, pursuant to Section 700.015. (2) Growing crops, timber to be cut, or minerals or the like including oil and gas, to be extracted or accounts receivable result…

Code Civ. Proc. § 699.090 Section 699.090

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If property that is required by law to be registered or recorded in the name of the owner is levied upon under a writ of execution and it appears at the time of the levy that the judgment debtor was the registered or record owner of the property and the judgment creditor caused t…

Code Civ. Proc. § 872.610 Section 872.610

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The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 872.620 Section 872.620

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To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 872.630 Section 872.630

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(a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all liens upon the property. (b) The court may appoint a referee to ascertain the facts necessary for the determination required by this sectio…

Code Civ. Proc. § 872.640 Section 872.640

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Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 1240.110 Section 1240.110

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(a) Except to the extent limited by statute, any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire any interest in property necessary for that use including, but not limited to, submerged lands, rights…

Code Civ. Proc. § 1240.120 Section 1240.120

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(a) Subject to any other statute relating to the acquisition of property, any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property necessary to carry out and make effective the principal purpose …

Code Civ. Proc. § 1240.125 Section 1240.125

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Except as otherwise expressly provided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent domain outside its territorial limits for water, gas, or electric supply purposes or for airports, drainage or sewer purposes…

Code Civ. Proc. § 1240.130 Section 1240.130

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Subject to any other statute relating to the acquisition of property, any public entity authorized to acquire property for a particular use by eminent domain may also acquire such property for such use by grant, purchase, lease, gift, devise, contract, or other means. (Added by S…

Code Civ. Proc. § 1240.140 Section 1240.140

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(a) As used in this section, “public agencies” includes all those agencies included within the definition of “public agency” in Section 6500 of the Government Code. (b) Two or more public agencies may enter into an agreement for the joint exercise of their respective powers of em…

Code Civ. Proc. § 1240.150 Section 1240.150

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Whenever a part of a larger parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape, or condition as to be of little value to its owner or to give rise to a claim for severance or ot…

Code Civ. Proc. § 1240.160 Section 1240.160

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(a) None of the provisions of this article is intended to limit, or shall limit, any other provision of this article, each of which is a distinct and separate authorization. (b) None of the provisions of Article 2 (commencing with Section 1240.110), Article 3 (commencing with Sec…

Code Civ. Proc. § 1297.111 Section 1297.111

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A person of any nationality may be an arbitrator. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.112 Section 1297.112

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Subject to Sections 1297.115 and 1297.116, the parties may agree on a procedure for appointing the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.113 Section 1297.113

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Failing such agreement referred to in Section 1297.112, in an arbitration with three arbitrators and two parties, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March …

Code Civ. Proc. § 1297.114 Section 1297.114

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If the appointment procedure in Section 1297.113 applies and either a party fails to appoint an arbitrator within 30 days after receipt of a request to do so from the other party, or the two appointed arbitrators fail to agree on the third arbitrator within 30 days after their ap…