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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

435 sections·Filtered byTitle CCP✕Ch 4✕

Code Civ. Proc. § 761.040 Section 761.040
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(a) The defendant may by cross-complaint seek affirmative relief in the action. (b) If the defendant seeks a determination of title as of a date other than the date specified in the complaint, the cross-complaint shall include the date and a statement of the reasons why a determi…
Code Civ. Proc. § 873.110 Section 873.110
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Subject to the limitations of this article, the court may: (a) Authorize or approve contracts of the referee for the services and expenses of surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and others. (b) Allow and direct payment of or reject claim…
Code Civ. Proc. § 873.120 Section 873.120
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(a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110. (b) The application for approval shall be in writing and shall include the name of the attorney whom the referee wishes to employ and the necessity for the employment. (c) The …
Code Civ. Proc. § 873.130 Section 873.130
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The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making a sale or division of property. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 873.140 Section 873.140

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The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the locality, to conduct a public auction and to secure purchasers by such method for any property to be sold at public auction. (Added by Stats. 1976, …

Code Civ. Proc. § 873.150 Section 873.150

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A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate not in excess of the legal rate for amounts due under the contract that are not paid within three months after the time they become due and pa…

Code Civ. Proc. § 873.160 Section 873.160

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The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in writing. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 1245.310 Section 1245.310

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As used in this article, “legislative body” means both of the following: (a) The legislative body of each city within whose boundaries property sought to be taken by the quasi-public entity by eminent domain is located. (b) If property sought to be taken by the quasi-public entit…

Code Civ. Proc. § 1245.320 Section 1245.320

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As used in this article, “quasi-public entity” means: (a) An educational institution of collegiate grade not conducted for profit that seeks to take property by eminent domain under Section 94500 of the Education Code. (b) A nonprofit hospital that seeks to take property by emine…

Code Civ. Proc. § 1245.325 Section 1245.325

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Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code: (a) The person seeking to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article. (b…

Code Civ. Proc. § 1245.326 Section 1245.326

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Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 of the Civil Code: (a) The person seeking to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article.…

Code Civ. Proc. § 1245.330 Section 1245.330

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Notwithstanding any other provision of law, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative body has adopted a resolution consenting to the acquisition of such property by eminent domain. (Added by Stats. 1975, Ch.…

Code Civ. Proc. § 1245.340 Section 1245.340

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The resolution required by this article shall contain all of the following: (a) A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the quasi-public entity to acquire the property by eminent domain. (b) A desc…

Code Civ. Proc. § 1245.350 Section 1245.350

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(a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this article only after the legislative body has held a hearing at which persons whose property is to be acquired by eminent domain have had a …

Code Civ. Proc. § 1245.360 Section 1245.360

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The resolution required by this article shall be adopted by a vote of two-thirds of all the members of the legislative body. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1245.370 Section 1245.370

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The legislative body may require that the quasi-public entity pay all of the costs reasonably incurred by the legislative body under this article. The legislative body may require that such costs be secured by payment or deposit or other satisfactory security in advance of any ac…

Code Civ. Proc. § 1245.380 Section 1245.380

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The requirement of this article is in addition to any other requirements imposed by law. Nothing in this article relieves the quasi-public entity from satisfying the requirements of Section 1240.030 or any other requirements imposed by law. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1245.390 Section 1245.390

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The adoption of a resolution pursuant to this article does not make the city or county liable for any damages caused by the acquisition of the property or by the project for which it is acquired. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1370 Section 1370

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The Controller may sell or lease personal property at any time, and in any manner, and may execute those leases on behalf and in the name of the State of California. (Amended by Stats. 2016, Ch. 31, Sec. 13. (SB 836) Effective June 27, 2016.)

Code Civ. Proc. § 1371 Section 1371

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The Controller may sell, cash, redeem, exchange, or otherwise dispose of any securities and all other classes of personal property, and may sell, cash, redeem, exchange, compromise, adjust, settle, or otherwise dispose of any accounts, debts, contractual rights, or other choses i…

Code Civ. Proc. § 1372 Section 1372

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The Controller may sign, endorse, or otherwise authenticate, in the name and on behalf of the State, subscribing his name, as Controller, under such writing, any securities, bills of sale, documents, or other instruments required, under customary business practice, for the consum…

Code Civ. Proc. § 1373 Section 1373

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The Controller may lease or sell any real property for cash at public auction to the highest bidder. Before such sale or lease, notice thereof shall be published pursuant to Government Code Section 6063 in a newspaper published in the county in which the real property is situated…

Code Civ. Proc. § 1374 Section 1374

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The Controller may reject any and all bids made at sales or public auctions held under the provisions of this chapter. (Added by Stats. 1951, Ch. 1708.)

Code Civ. Proc. § 1375 Section 1375

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Any real property may be sold or leased by the Controller at private sale without published notice. (Amended by Stats. 2016, Ch. 31, Sec. 15. (SB 836) Effective June 27, 2016.)

Code Civ. Proc. § 1376 Section 1376

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Upon receipt of the proceeds of any sale made pursuant to this chapter, the Controller shall execute, in the name and on behalf of the State of California, a deed covering the real property, and a bill of sale covering the personal property, sold. He may execute leases for real o…

Code Civ. Proc. § 1377 Section 1377

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The Controller shall not enter into any transaction which shall create or impose upon the owners, heirs, devisees, legatees, or other claimants of the property involved, any obligation under an executory contract, the performance of which is not already an obligation of such owne…

Code Civ. Proc. § 1378 Section 1378

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No suit shall be maintained by any person against the State or any officer thereof, for or on account of any transaction entered into by the Controller pursuant to this chapter. (Added by Stats. 1951, Ch. 1708.)

Code Civ. Proc. § 1379 Section 1379

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The Controller may destroy or otherwise dispose of any personal property other than cash deposited in the State Treasury under this title, if that property is determined by him or her to be valueless or of such little value that the costs of conducting a sale would probably excee…

Code Civ. Proc. § 1380 Section 1380

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All sales, exchanges, or other transactions entered into by the Controller pursuant to this chapter are exempt from the provisions of Section 11009 of the Government Code. (Added by Stats. 1951, Ch. 1708.)

Code Civ. Proc. § 1381 Section 1381

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All sales, leases or other transactions entered into by the Controller pursuant to this chapter shall be conclusive against everyone, except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or interest by an instrument in writing tha…

Code Civ. Proc. § 1382 Section 1382

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Any provision of this article which authorizes the Controller to sell real property applies to any real property distributed or escheated to, or the title to which has vested in, the State of California by court order or decree of distribution, if such real property is held in th…

Code Civ. Proc. § 377.30 Section 377.30

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A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by …

Code Civ. Proc. § 377.31 Section 377.31

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On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest. (Added by Stats. 1…

Code Civ. Proc. § 377.32 Section 377.32

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(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state statin…

Code Civ. Proc. § 377.33 Section 377.33

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The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent’s successor in interest as a special administrator or …

Code Civ. Proc. § 377.34 Section 377.34

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(a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive o…

Code Civ. Proc. § 377.35 Section 377.35

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On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation of an action or proceeding commenced by the decedent, regardless of whether the decedent died before, on, or after Janua…

Code Civ. Proc. § 415.10 Section 415.10

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A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed…

Code Civ. Proc. § 415.20 Section 415.20

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(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in the person’s o…

Code Civ. Proc. § 415.21 Section 415.21

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(a) Notwithstanding any other law, any person shall be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s li…

Code Civ. Proc. § 415.30 Section 415.30

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(a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subd…

Code Civ. Proc. § 415.40 Section 415.40

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A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of…

Code Civ. Proc. § 415.45 Section 415.45

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(a) A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified i…

Code Civ. Proc. § 415.46 Section 415.46

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(a) In addition to the service of a summons and complaint in an action for unlawful detainer upon a tenant and subtenant, if any, as prescribed by this article, a prejudgment claim of right to possession may also be served on any person who appears to be or who may claim to have …

Code Civ. Proc. § 415.47 Section 415.47

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(a) Where the lessee has given the lessor written notice of the lessee’s intent not to abandon leased real property as provided in Section 1951.3 of the Civil Code, the summons in an action for unlawful detainer of the real property may be served on the lessee by certified mail, …

Code Civ. Proc. § 415.50 Section 415.50

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(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: (1) A cause …

Code Civ. Proc. § 415.95 Section 415.95

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(a) A summons may be served on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours with the person who is apparently in charge of the office of that business organization, and by thereafter mailing a copy of the summons …

Code Civ. Proc. § 484.510 Section 484.510

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(a) At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has found pursuant to Section 485.240 that the plaintiff is entitled to a right to attach order, the plaintiff may apply for a writ of attachment und…

Code Civ. Proc. § 484.520 Section 484.520

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The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds both of the following: (a) A right to attach order has been issued in the …

Code Civ. Proc. § 484.530 Section 484.530

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(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ issued under this article by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9, except that the defendant s…