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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. § 1392 Section 1392
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The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of this title shall be credited by the Controller to the…
Code Civ. Proc. § 1393 Section 1393
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The proceeds of any transaction by the Controller under the provisions of this chapter, in connection with property received and held by the state under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of this title, for the benefit of unlocated heirs, devi…
Code Civ. Proc. § 1394 Section 1394
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The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the provisions of this title, for the benefit of the persons entitled thereto, shall be credited by the Controller to such perso…
Code Civ. Proc. § 377.40 Section 377.40
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Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, a cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the deced…

Code Civ. Proc. § 377.41 Section 377.41

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On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may n…

Code Civ. Proc. § 377.42 Section 377.42

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In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on a cause of action against the decedent, all damages are recoverable that might have been recovered against the decedent …

Code Civ. Proc. § 377.43 Section 377.43

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This article applies to the commencement on or after January 1, 1993, of an action or proceeding against the decedent’s personal representative or successor in interest, or to the making of a motion on or after January 1, 1993, to continue a pending action or proceeding against t…

Code Civ. Proc. § 416.10 Section 416.10

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A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods: (a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (…

Code Civ. Proc. § 416.20 Section 416.20

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A summons may be served on a corporation that has forfeited its charter or right to do business, or has dissolved, by delivering a copy of the summons and of the complaint: (a) To a person who is a trustee of the corporation and of its stockholders or members; or (b) When authori…

Code Civ. Proc. § 416.30 Section 416.30

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A summons may be served on a joint stock company or association by delivering a copy of the summons and of the complaint as provided by Section 416.10 or 416.20. (Added by Stats. 1969, Ch. 1610.)

Code Civ. Proc. § 416.40 Section 416.40

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A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint: (a) If the association is a general or limited partnership, to the person designated as agent for service of process in a statement filed w…

Code Civ. Proc. § 416.50 Section 416.50

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(a) A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, presiding officer, or other head of its governing body. (b) As used in this section, “public entity” includes the state and any office, depa…

Code Civ. Proc. § 416.60 Section 416.60

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A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with who…

Code Civ. Proc. § 416.70 Section 416.70

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A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause s…

Code Civ. Proc. § 416.80 Section 416.80

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When authorized by Section 12 of the Elections Code, a summons may be served as provided by that section. (Amended by Stats. 2009, Ch. 140, Sec. 38. (AB 1164) Effective January 1, 2010.)

Code Civ. Proc. § 416.90 Section 416.90

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A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person or to a person authorized by him to receive service of process. (Added by Stats. 1969, Ch. 1610.)

Code Civ. Proc. § 684.310 Section 684.310

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Except for Sections 684.130 and 684.140, the provisions of Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) do not apply to service under Chapter 5 (commencing with Section 706.010) of Division 2 (wage garnishment). (Added by Stats. 1982…

Code Civ. Proc. § 704.710 Section 704.710

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As used in this article: (a) “Dwelling” means a place where a person resides and may include but is not limited to the following: (1) A house together with the outbuildings and the land upon which they are situated. (2) A mobilehome together with the outbuildings and the land upo…

Code Civ. Proc. § 704.720 Section 704.720

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(a) A homestead is exempt from sale under this division to the extent provided in Section 704.800. (b) If a homestead is sold under this division or is damaged or destroyed or is acquired for public use, the proceeds of sale or of insurance or other indemnification for damage or …

Code Civ. Proc. § 704.730 Section 704.730

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(a) The amount of the homestead exemption is the greater of the following: (1) The countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed six hundred thousand dollars (…

Code Civ. Proc. § 704.740 Section 704.740

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(a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce a money judgment except pursuant to a court order for sale obtained under this article and the dwelling exemption shall be determined under thi…

Code Civ. Proc. § 704.750 Section 704.750

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(a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice on the judgment creditor that the levy has been made and that the property will be released unless the judgment creditor co…

Code Civ. Proc. § 704.760 Section 704.760

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The judgment creditor’s application shall be made under oath, shall describe the dwelling, and shall contain all of the following: (a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s ex…

Code Civ. Proc. § 704.770 Section 704.770

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(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment debtor to show cause why an order for sale should not be made in accordance with the application. The time set for hearing shall be not later t…

Code Civ. Proc. § 704.780 Section 704.780

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(a) The burden of proof at the hearing is determined in the following manner: (1) If the records of the county tax assessor indicate that there is a current homeowner’s exemption or disabled veteran’s exemption for the dwelling claimed by the judgment debtor or the judgment debto…

Code Civ. Proc. § 704.790 Section 704.790

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(a) This section applies in any case where the court makes an order for sale of the dwelling upon a hearing at which none of the following appeared: (1) The judgment debtor. (2) The judgment debtor’s spouse. (3) The attorney for the judgment debtor. (4) The attorney for the judgm…

Code Civ. Proc. § 704.800 Section 704.800

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(a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, including but not limited to any attachment or judg…

Code Civ. Proc. § 704.810 Section 704.810

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Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the lien or encumbrance, notwithstanding any provision of the obligation, lien, or encumbrance and if the homestead is sold pursuant to court order …

Code Civ. Proc. § 704.820 Section 704.820

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If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor in the dwelling is a leasehold or other interest less than a fee interest: (a) At an execution sale of a dwelling, the interest of the judgment debtor i…

Code Civ. Proc. § 704.830 Section 704.830

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The provisions of Sections 703.590 and 703.600 apply to proceedings under this article. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Code Civ. Proc. § 704.840 Section 704.840

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(a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article. (b) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the homestead exe…

Code Civ. Proc. § 704.850 Section 704.850

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(a) The levying officer shall distribute the proceeds of sale of a homestead in the following order: (1) To the discharge of all liens and encumbrances, if any, on the property. (2) To the judgment debtor in the amount of any applicable exemption of proceeds pursuant to Section 7…

Code Civ. Proc. § 763.010 Section 763.010

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(a) The form, content, and manner of the service of summons shall be the same as in civil actions generally. (b) If upon affidavit it appears to the satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of and to serve …

Code Civ. Proc. § 763.020 Section 763.020

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Whenever the court orders service by publication, the order is subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint in a conspicuous place on the real property that is the s…

Code Civ. Proc. § 763.030 Section 763.030

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(a) Whenever the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property in which the defendants to be served thereby claim interests. (b) Judgment against a defendant who fails to appear and answ…

Code Civ. Proc. § 763.040 Section 763.040

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Whenever the court orders service by publication, the court before hearing the case shall require proof that the summons has been served, posted, published as required, and that the notice of pendency of action has been filed. (Added by Stats. 1980, Ch. 44, Sec. 15.)

Code Civ. Proc. § 377.50 Section 377.50

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An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate as provided in Chapter 1 (commencing with Section 550) of Part 13 of Division 2 of the Probate Code. (Added by Stats. 1992…

Code Civ. Proc. § 417.10 Section 417.10

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Proof that a summons was served on a person within this state shall be made: (a) If served under Section 415.10, 415.20, or 415.30, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made in acco…

Code Civ. Proc. § 417.20 Section 417.20

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Proof that a summons was served on a person outside this state shall be made: (a) If served in a manner specified in a statute of this state, as prescribed by Section 417.10, and if service is made by mail pursuant to Section 415.40, proof of service shall include evidence satisf…

Code Civ. Proc. § 417.30 Section 417.30

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After a summons has been served on a person, proof of service of the summons as provided in Section 417.10 or 417.20 shall be filed, unless the defendant has previously made a general appearance. (Amended by Stats. 2005, Ch. 300, Sec. 3. Effective January 1, 2006.)

Code Civ. Proc. § 417.40 Section 417.40

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(a) Any proof of service which is signed by a person registered under Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or the person’s employee or independent contractor shall indicate the county in which the person is registered and t…

Code Civ. Proc. § 704.910 Section 704.910

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As used in this article: (a) “Declared homestead” means the dwelling described in a homestead declaration. (b) “Declared homestead owner” includes both of the following: (1) The owner of an interest in the declared homestead who is named as a declared homestead owner in a homeste…

Code Civ. Proc. § 704.920 Section 704.920

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A dwelling in which an owner or spouse of an owner resides may be selected as a declared homestead pursuant to this article by recording a homestead declaration in the office of the county recorder of the county where the dwelling is located. From and after the time of recording,…

Code Civ. Proc. § 704.930 Section 704.930

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(a) A homestead declaration recorded pursuant to this article shall contain all of the following: (1) The name of the declared homestead owner. Spouses both may be named as declared homestead owners in the same homestead declaration if each owns an interest in the dwelling select…

Code Civ. Proc. § 704.940 Section 704.940

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A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima facie evidence of the facts therein stated, and conclusive evidence thereof in favor of a purchaser or encumbrancer…

Code Civ. Proc. § 704.950 Section 704.950

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(a) Except as provided in subdivisions (b) and (c), a judgment lien on real property created pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 does not attach to a declared homestead if both of the following requirements are satisfied: (1) A homestead declarati…

Code Civ. Proc. § 704.960 Section 704.960

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(a) If a declared homestead is voluntarily sold, the proceeds of sale are exempt in the amount provided by Section 704.730 for a period of six months after the date of sale. (b) If the proceeds of a declared homestead are invested in a new dwelling within six months after the dat…

Code Civ. Proc. § 704.965 Section 704.965

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If a homestead declaration is recorded prior to the operative date of an amendment to Section 704.730 which increases the amount of the homestead exemption, the amount of the exemption for the purposes of subdivision (c) of Section 704.950 and Section 704.960 is the increased amo…

Code Civ. Proc. § 704.970 Section 704.970

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Whether or not a homestead declaration has been recorded: (a) Nothing in this article affects the right of levy pursuant to a writ of execution. (b) Any levy pursuant to a writ of execution on a dwelling (as defined in Section 704.710) and the sale pursuant thereto shall be made …

Code Civ. Proc. § 704.980 Section 704.980

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(a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this article or pursuant to former Title 5 (commencing with former Section 1237) of Part 4 of Division 2 of the Civil Code. (b)…