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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. § 1170.5 Section 1170.5
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(a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made. Judgment shall be entered thereon and, if the plaintiff prevails, a writ of execution…
Code Civ. Proc. § 1170.7 Section 1170.7
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A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c. (Added by Stats. 1982, Ch. 1620, Sec. 3.)
Code Civ. Proc. § 1170.8 Section 1170.8
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In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice. (Added by Stats. 2007, Ch. 113, Sec. 1. Effective January 1, 2008.)
Code Civ. Proc. § 1170.9 Section 1170.9
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The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any, relating to a motion under Section 1167.4, 1170.7, or 1170.8. (Added by Stats. 2007, Ch. 113, Sec. 2. Effective January 1, 2008.…

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Code Civ. Proc. § 1171 Section 1171

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Whenever an issue of fact is presented by the pleadings, it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in an action of the same jurisdictional classification in the Court in which the ac…

Code Civ. Proc. § 1172 Section 1172

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On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was…

Code Civ. Proc. § 1173 Section 1173

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When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the Judge must order that such complaint …

Code Civ. Proc. § 1174 Section 1174

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(a) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the findings of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the possession of the premises; and if the proceedings be for an unlawful detai…

Code Civ. Proc. § 1174.2 Section 1174.2

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(a) In an unlawful detainer proceeding involving residential premises after default in payment of rent and in which the tenant has raised as an affirmative defense a breach of the landlord’s obligations under Section 1941 of the Civil Code or of any warranty of habitability, the …

Code Civ. Proc. § 1174.21 Section 1174.21

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A landlord who institutes an unlawful detainer proceeding based upon a tenant’s nonpayment of rent, and who is liable for a violation of Section 1942.4 of the Civil Code, shall be liable to the tenant or lessee for reasonable attorneys’ fees and costs of the suit, in an amount to…

Code Civ. Proc. § 1174.25 Section 1174.25

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(a) (1) Except as provided in paragraph (2), an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may file a claim as prescribed in Section 415.46, with the court within 10 days of the date of service of the prejudgment claim…

Code Civ. Proc. § 1174.27 Section 1174.27

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(a) This section shall apply to an unlawful detainer proceeding in which all of the following are true: (1) The proceeding involves a residential premises. (2) The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenant’s immediate fam…

Code Civ. Proc. § 1174.3 Section 1174.3

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(a) (1) Except as provided in paragraph (2), unless a prejudgment claim of right to possession has been served upon occupants in accordance with Section 415.46, any occupant not named in the judgment for possession who occupied the premises on the date of the filing of the action…

Code Civ. Proc. § 1174.5 Section 1174.5

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A judgment in unlawful detainer declaring the forfeiture of the lease or agreement under which real property is held shall not relieve the lessee from liability pursuant to Section 1951.2 of the Civil Code. (Added by Stats. 1982, Ch. 488, Sec. 1.)

Code Civ. Proc. § 1176 Section 1176

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(a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered. Stay of judgment shall be granted when the court finds that the movi…

Code Civ. Proc. § 1177 Section 1177

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Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter. (Enacted 1872.)

Code Civ. Proc. § 1178 Section 1178

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The provisions of Part 2 of this code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter or with rules adopted by the Judicial Council, apply to the proceedings mentioned in this chapter. (Amended by Stats. 1945, Ch. 4…

Code Civ. Proc. § 1179 Section 1179

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The court may relieve a tenant against a forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy has terminated, and restore him or her to his or her former estate or tenancy, in case of hardship, as provided in Section 1174. The court h…

Code Civ. Proc. § 1179a Section 1179a

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In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which spec…

Code Civ. Proc. § 1208.5 Section 1208.5

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A person having a lien upon an animal or animals under the provisions of Section 597a or 597.1 of the Penal Code may satisfy the lien in any of the following ways: (a) If the lien is not discharged and satisfied, by the person responsible, within three days after the obligation b…

Code Civ. Proc. § 177 Section 177

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A judicial officer shall have power: (a) To preserve and enforce order in the officer’s immediate presence, and in proceedings before the officer, when the officer is engaged in the performance of official duty. (b) To compel obedience to the officer’s lawful orders as provided i…

Code Civ. Proc. § 177.5 Section 177.5

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A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500), notwithstanding any other provision of law, payable to the court, for any violation of a lawful court order by a person, done without good cause or substa…

Code Civ. Proc. § 178 Section 178

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For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt in the cases provided in this Code. (Repealed and added by Code Amendments 1880, Ch. 35.)

Code Civ. Proc. § 179 Section 179

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Each of the justices of the Supreme Court and of any court of appeal and the judges of the superior courts, shall have power in any part of the state to take and certify: (a) The proof and acknowledgment of a conveyance of real property, or of any other written instrument. (b) Th…

Code Civ. Proc. § 2018.010 Section 2018.010

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For purposes of this chapter, “client” means a “client” as defined in Section 951 of the Evidence Code. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)

Code Civ. Proc. § 2018.020 Section 2018.020

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It is the policy of the state to do both of the following: (a) Preserve the rights of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspec…

Code Civ. Proc. § 2018.030 Section 2018.030

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(a) A writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances. (b) The work product of an attorney, other than a writing described in subdivision (a), is not discoverable unless the court de…

Code Civ. Proc. § 2018.040 Section 2018.040

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This chapter is intended to be a restatement of existing law relating to protection of work product. It is not intended to expand or reduce the extent to which work product is discoverable under existing law in any action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective Januar…

Code Civ. Proc. § 2018.050 Section 2018.050

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Notwithstanding Section 2018.040, when a lawyer is suspected of knowingly participating in a crime or fraud, there is no protection of work product under this chapter in any official investigation by a law enforcement agency or proceeding or action brought by a public prosecutor …

Code Civ. Proc. § 2018.060 Section 2018.060

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Nothing in this chapter is intended to limit an attorney’s ability to request an in camera hearing as provided for in People v. Superior Court (Laff) (2001) 25 Cal.4th 703. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of C…

Code Civ. Proc. § 2018.070 Section 2018.070

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(a) The State Bar may discover the work product of an attorney against whom disciplinary charges are pending when it is relevant to issues of breach of duty by the lawyer and requisite client approval has been granted. (b) Where requested and for good cause, discovery under this …

Code Civ. Proc. § 2018.080 Section 2018.080

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In an action between an attorney and a client or a former client of the attorney, no work product privilege under this chapter exists if the work product is relevant to an issue of breach by the attorney of a duty to the client arising out of the attorney-client relationship. (Ad…

Code Civ. Proc. § 350 Section 350

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An action is commenced, within the meaning of this Title, when the complaint is filed. (Enacted 1872.)

Code Civ. Proc. § 351 Section 351

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If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of t…

Code Civ. Proc. § 352 Section 352

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(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limit…

Code Civ. Proc. § 352.1 Section 352.1

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(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335), is, at the time the cause of action accrued, imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life, the time of that …

Code Civ. Proc. § 352.5 Section 352.5

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If, after a cause of action accrues against a person, that person comes under an order for restitution as a condition of probation with respect to the specific act or omission giving rise to such person’s liability, the time during which the order is in effect is not a part of th…

Code Civ. Proc. § 353.1 Section 353.1

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If a person entitled to bring an action or other proceeding, which action or other proceeding has not been filed or otherwise instituted, is represented by an attorney over whose practice a court of this state has assumed jurisdiction pursuant to Section 6180 or Section 6190 of t…

Code Civ. Proc. § 354 Section 354

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When a person is, by reason of the existence of a state of war, under a disability to commence an action, the time of the continuance of such disability is not part of the period limited for the commencement of the action whether such cause of action shall have accrued prior to o…

Code Civ. Proc. § 354.3 Section 354.3

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(a) The following definitions govern the construction of this section: (1) “Entity” means any museum or gallery that displays, exhibits, or sells any article of historical, interpretive, scientific, or artistic significance. (2) “Holocaust-era artwork” means any article of artist…

Code Civ. Proc. § 354.4 Section 354.4

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(a) The following definitions govern the construction of this section: (1) “Armenian Genocide victim” means any person of Armenian or other ancestry living in the Ottoman Empire during the period of 1915 to 1923, inclusive, who died, was deported, or escaped to avoid persecution …

Code Civ. Proc. § 354.45 Section 354.45

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(a) For purposes of this section, the following terms have the following meanings: (1) “Armenian Genocide victim” means any person of Armenian or other ancestry living in the Ottoman Empire during the period of 1890 to 1923, inclusive, who died, was injured in person or property,…

Code Civ. Proc. § 354.5 Section 354.5

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(a) The following definitions govern the construction of this section: (1) “Holocaust victim” means any person who was persecuted during the period of 1929 to 1945, inclusive, by Nazi Germany, its allies, or sympathizers. (2) “Related company” means any parent, subsidiary, reinsu…

Code Civ. Proc. § 354.6 Section 354.6

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(a) As used in this section: (1) “Second World War slave labor victim” means any person taken from a concentration camp or ghetto or diverted from transportation to a concentration camp or from a ghetto to perform labor without pay for any period of time between 1929 and 1945, by…

Code Civ. Proc. § 354.7 Section 354.7

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(a) The following definitions govern the construction of this section: (1) “Bracero” means any person who participated in the labor importation program known as the Bracero program between January 1, 1942, and January 1, 1950, pursuant to agreements between the United States and …

Code Civ. Proc. § 354.8 Section 354.8

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(a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years: (1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following:…

Code Civ. Proc. § 355 Section 355

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If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal other than on the merits, a new action may be commenced within one year after the reversal. (Amended by Stats. 1992, Ch. 178, Sec. 7. Effective January 1,…

Code Civ. Proc. § 356 Section 356

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When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. (Enacted 1872.)

Code Civ. Proc. § 357 Section 357

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No person can avail himself of a disability, unless it existed when his right of action accrued. (Enacted 1872.)

Code Civ. Proc. § 358 Section 358

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When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed. (Enacted 1872.)