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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. § 704.990 Section 704.990
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(a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized to act on behalf of the declared homestead owner executes, acknowledges, and records a new homestead declaration for the declared home…
Code Civ. Proc. § 704.995 Section 704.995
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(a) The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the death of the declared homestead owner if, at the time of the death, the dwelling was the principal dwelling of one or mor…
Code Civ. Proc. § 764.010 Section 764.010
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The court shall examine into and determine the plaintiff’s title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of …
Code Civ. Proc. § 764.020 Section 764.020
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(a) If in an action under this chapter the validity or interpretation of a gift, devise, bequest, or trust, under a will or instrument purporting to be a will, whether admitted to probate or not, is involved: (1) The will or instrument purporting to be a will is admissible in evi…

Code Civ. Proc. § 764.030 Section 764.030

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The judgment in the action is binding and conclusive on all of the following persons, regardless of any legal disability: (a) All persons known and unknown who were parties to the action and who have any claim to the property, whether present or future, vested or contingent, lega…

Code Civ. Proc. § 764.045 Section 764.045

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Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied: (a) The claim was of record at the time the lis pendens was filed o…

Code Civ. Proc. § 764.060 Section 764.060

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The relief granted in an action or proceeding directly or collaterally attacking the judgment in the action, whether based on lack of actual notice to a party or otherwise, shall not impair the rights of a purchaser or encumbrancer for value of the property acting in reliance on …

Code Civ. Proc. § 764.070 Section 764.070

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Notwithstanding any other provision of this chapter, the judgment in the action is not binding or conclusive on the following: (a) The state, unless individually joined as a party to the action. (b) The United States, unless the United States is individually joined as a party to …

Code Civ. Proc. § 764.080 Section 764.080

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(a) In any action brought to quiet title to land that has been subject to an agreement entered into pursuant to Section 6307 or 6357 of the Public Resources Code, at the time set for trial the court shall, at the request of any party, receive evidence on the nature of the agreeme…

Code Civ. Proc. § 377.60 Section 377.60

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A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of…

Code Civ. Proc. § 377.61 Section 377.61

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In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the caus…

Code Civ. Proc. § 377.62 Section 377.62

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(a) An action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect. (b) An action under Section 377.60 and an action under Section 377.31 arising out of the same wrongful act or neglect may be consolidated for tria…

Code Civ. Proc. § 765.010 Section 765.010

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(a) For purposes of this section: (1) “Harass” means engage in knowing and willful conduct that serves no legitimate purpose. (2) “Entity” includes both governmental and private entities. (b) A person shall not file or record, or direct another to file or record, a lawsuit, lien,…

Code Civ. Proc. § 765.020 Section 765.020

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A petition under this article shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner’s attorney setting forth a concise statement of the facts upon which the motion is based. The petition and affidavit s…

Code Civ. Proc. § 765.030 Section 765.030

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If the court determines that the lien or other encumbrance is in violation of Section 765.010, the court shall issue an order striking and releasing the lien or other encumbrance and may award costs and reasonable attorney’s fees to the petitioner to be paid by the lien or other …

Code Civ. Proc. § 765.040 Section 765.040

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Any lien or encumbrance claimant who records or files, or directs another to record or file, a lawsuit, lien, or other encumbrance in violation of Section 765.010 shall be liable to the person subject to the lawsuit or the owner of the property bound by the lien or other encumbra…

Code Civ. Proc. § 765.050 Section 765.050

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This article does not apply to a document which acts as a claim of encumbrance by a financial institution, as defined in subdivision (a) of Section 14161 of the Penal Code or Section 481.113 of this code, or a public entity, as defined in Section 481.200 of this code. (Added by S…

Code Civ. Proc. § 765.060 Section 765.060

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If a lien or other encumbrance is recorded or filed against a public officer or employee in violation of Section 765.010, the state or local agency that employs the public officer or employee may provide counsel for the public officer or employee in an action brought pursuant to …

Code Civ. Proc. § 1003 Section 1003

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Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. An application for an order is a motion. (Amended by Stats. 1951, Ch. 1737.)

Code Civ. Proc. § 1004 Section 1004

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Except as provided in section 166 of this code, motions must be made in the court in which the action is pending. (Amended by Stats. 1933, Ch. 744.)

Code Civ. Proc. § 1005 Section 1005

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(a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions: (1) Notice of Application and Hearing for Writ of Attachment under Section 484.040. (2) Notice of Application and Hearing for Claim and Delivery under Section 512.030. (3) Not…

Code Civ. Proc. § 1005.5 Section 1005.5

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A motion upon all the grounds stated in the written notice thereof is deemed to have been made and to be pending before the court for all purposes, upon the due service and filing of the notice of motion, but this shall not deprive a party of a hearing of the motion to which he i…

Code Civ. Proc. § 1006 Section 1006

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When a notice of motion is given, or an order to show cause is made returnable before a judge out of court, and at the time fixed for the motion, or on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by his order to some other j…

Code Civ. Proc. § 1008 Section 1008

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(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the ord…

Code Civ. Proc. § 1107 Section 1107

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When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest named in such application. The provisions of Chapter 5 (commencing with Section 101…

Code Civ. Proc. § 1108 Section 1108

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Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time. (Amended by Stats. 1967, Ch. 17.)

Code Civ. Proc. § 1159 Section 1159

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(a) Every person is guilty of a forcible entry who either: (1) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property. (2) Who, after entering peaceably upon real property, turns out b…

Code Civ. Proc. § 1160 Section 1160

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(a) Every person is guilty of a forcible detainer who either: (1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise. (2) Who, in the night-time, or during the absen…

Code Civ. Proc. § 1161 Section 1161

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A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer: 1. When the tenant continues in possession, in person or by subt…

Code Civ. Proc. § 1161.1 Section 1161.1

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With respect to application of Section 1161 in cases of possession of commercial real property after default in the payment of rent: (a) If the amount stated in the notice provided to the tenant pursuant to subdivision (2) of Section 1161 is clearly identified by the notice as an…

Code Civ. Proc. § 1161.2 Section 1161.2

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(a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows: (A) To a party to the action, including a party’s attorney. (B) To a person who provides the clerk with the name…

Code Civ. Proc. § 1161.2.5 Section 1161.2.5

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(a) (1) Except as provided in Section 1161.2, the clerk shall allow access to civil case records for actions seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, including the court file, index, and register of actions, only as follows: (A) To a party to the a…

Code Civ. Proc. § 1161.3 Section 1161.3

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(a) For purposes of this section: (1) “Abuse or violence” means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human traffickin…

Code Civ. Proc. § 1161.4 Section 1161.4

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(a) A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the …

Code Civ. Proc. § 1161.5 Section 1161.5

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When the notice required by Section 1161 states that the lessor or the landlord may elect to declare the forfeiture of the lease or rental agreement, that declaration shall be nullified and the lease or rental agreement shall remain in effect if the lessee or tenant performs with…

Code Civ. Proc. § 1161a Section 1161a

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(a) As used in this section: (1) “Manufactured home” has the same meaning as provided in Section 18007 of the Health and Safety Code. (2) “Mobilehome” has the same meaning as provided in Section 18008 of the Health and Safety Code. (3) “Floating home” has the same meaning as prov…

Code Civ. Proc. § 1161b Section 1161b

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(a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days’ written notice to quit pursuant to Section 1162 before the tena…

Code Civ. Proc. § 1162 Section 1162

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(a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1) By delivering a copy to the tenant personally. (2) If he or she is absent from his or her place of residence, and from his or her usual pl…

Code Civ. Proc. § 1162a Section 1162a

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In any case in which service or exhibition of a receiver’s or levying officer’s deed is required, in lieu thereof service of a copy or copies of the deed may be made as provided in Section 1162. (Amended by Stats. 1982, Ch. 497, Sec. 75. Operative July 1, 1983, by Sec. 185 of Ch.…

Code Civ. Proc. § 1164 Section 1164

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No person other than the tenant of the premises and subtenant, if there be one, in the actual occupation of the premises when the complaint is filed, need be made parties defendant in the proceeding, nor shall any proceeding abate, nor the plaintiff be nonsuited for the nonjoinde…

Code Civ. Proc. § 1165 Section 1165

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Except as provided in the preceding section, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this proceeding. (Enacted 1872.)

Code Civ. Proc. § 1166 Section 1166

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(a) The complaint shall: (1) Be verified and include the typed or printed name of the person verifying the complaint. (2) Set forth the facts on which the plaintiff seeks to recover. (3) Describe the premises with reasonable certainty. (4) If the action is based on paragraph (2) …

Code Civ. Proc. § 1166a Section 1166a

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(a) Upon filing the complaint, the plaintiff may, upon motion, have immediate possession of the premises by a writ of possession of a manufactured home, mobilehome, or real property issued by the court and directed to the sheriff of the county or marshal, for execution, where it …

Code Civ. Proc. § 1167 Section 1167

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(a) The summons shall be in the form specified in Section 412.20 except that when the defendant is served, the defendant’s response shall be filed within 10 days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon the defendant. (b) If…

Code Civ. Proc. § 1167.1 Section 1167.1

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If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice. (Added by Stats. 2016, Ch. 336, Sec. 4. (AB 2819) Effective January 1, 2017.)

Code Civ. Proc. § 1167.3 Section 1167.3

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In any action under this chapter, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to answer the complaint, answer the complaint, if amended, or amend the answer under paragraph (2), (3), (5), (6), or (7) of subdivision (a) of Section 586…

Code Civ. Proc. § 1167.4 Section 1167.4

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Notwithstanding any other provision of law, in any action under this chapter: (a) Where the defendant files a notice of motion as provided for in subdivision (a) of Section 418.10, the time for making the motion shall be not less than three days nor more than seven days after the…

Code Civ. Proc. § 1167.5 Section 1167.5

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Unless otherwise ordered by the court for good cause shown, no extension of time allowed in any action under this chapter for the causes specified in Section 1054 shall exceed 10 days without the consent of the adverse party. (Added by Stats. 1971, Ch. 849.)

Code Civ. Proc. § 1169 Section 1169

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If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and proof of the service of summons and complaint, shall enter the default of any defendant so served, and, if requested by the plaintif…

Code Civ. Proc. § 1170 Section 1170

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(a) On or before the day fixed for their appearance, the defendant may appear and answer, demur, or move to strike any portion of the complaint. (b) (1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint …