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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. § 1245.010 Section 1245.010
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Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar acti…
Code Civ. Proc. § 1245.020 Section 1245.020
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In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability under Section 1245.060, before making that entry and undertaking those activities, the person shall secure at least one of the follo…
Code Civ. Proc. § 1245.030 Section 1245.030
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(a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the property as the court determines is appropriate under the circumstances of the particular case. (b) Upon such petition a…
Code Civ. Proc. § 1245.040 Section 1245.040
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(a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.030. (b) If the amount required to be deposited is increased by an order of modification, the court shall specify the time within which the additional amount shall be dep…

Code Civ. Proc. § 1245.050 Section 1245.050

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(a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of the entry. The period of retention may be extended by the court for good cause. (b) The deposit shall be made in the Condem…

Code Civ. Proc. § 1245.060 Section 1245.060

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(a) If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or not a claim has been presented in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Governm…

Code Civ. Proc. § 1285 Section 1285

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Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award. (Repeale…

Code Civ. Proc. § 1285.2 Section 1285.2

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A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award. (Added by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1285.4 Section 1285.4

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A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement. (b) Set forth names of the arbitrators. (c) Set forth or have attached a copy of the award an…

Code Civ. Proc. § 1285.6 Section 1285.6

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Unless a copy thereof is set forth in or attached to the petition, a response to a petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the respondent denies the existence of such an agreement. (b) Set fort…

Code Civ. Proc. § 1285.8 Section 1285.8

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A petition to correct or vacate an award, or a response requesting such relief, shall set forth the grounds on which the request for such relief is based. (Added by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1286 Section 1286

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If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismi…

Code Civ. Proc. § 1286.2 Section 1286.2

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(a) Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: (1) The award was procured by corruption, fraud or other undue means. (2) There was corruption in any of the arbitrators. (3) The rights of the party were substantially p…

Code Civ. Proc. § 1286.4 Section 1286.4

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The court may not vacate an award unless: (a) A petition or response requesting that the award be vacated has been duly served and filed; or (b) A petition or response requesting that the award be corrected has been duly served and filed and; (1) All petitioners and respondents a…

Code Civ. Proc. § 1286.6 Section 1286.6

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Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if the court determines that: (a) There was an evident miscalculation of figures or an evident mistake in the description of any perso…

Code Civ. Proc. § 1286.8 Section 1286.8

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The court may not correct an award unless: (a) A petition or response requesting that the award be corrected has been duly served and filed; or (b) A petition or response requesting that the award be vacated has been duly served and filed and: (1) All petitioners and respondents …

Code Civ. Proc. § 1287 Section 1287

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If the award is vacated, the court may order a rehearing before new arbitrators. If the award is vacated on the grounds set forth in paragraph (4) or (5) of subdivision (a) of Section 1286.2, the court with the consent of the parties to the court proceeding may order a rehearing …

Code Civ. Proc. § 1287.2 Section 1287.2

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The court shall dismiss the proceeding under this chapter as to any person named as a respondent if the court determines that such person was not bound by the arbitration award and was not a party to the arbitration. (Added by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1287.4 Section 1287.4

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If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action of the same jurisdictional classification; and it may be en…

Code Civ. Proc. § 1287.6 Section 1287.6

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An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the arbitration. (Added by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1297.161 Section 1297.161

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The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independe…

Code Civ. Proc. § 1297.162 Section 1297.162

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A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. However, a party is not precluded from raising such a plea by the fact that he or she has appointed, or participated in the appointment of, an a…

Code Civ. Proc. § 1297.163 Section 1297.163

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A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.164 Section 1297.164

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The arbitral tribunal may, in either of the cases referred to in Sections 1297.162 and 1297.163, admit a later plea if it considers the delay justified. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.165 Section 1297.165

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The arbitral tribunal may rule on a plea referred to in Sections 1297.162 and 1297.163 either as a preliminary question or in an award on the merits. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.166 Section 1297.166

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If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the superior court, within 30 days after having received notice of that ruling, to decide the matter or shall be deemed to have waived objection to such finding. (Added by S…

Code Civ. Proc. § 1297.167 Section 1297.167

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While a request under Section 1297.166 is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1360 Section 1360

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For the purposes of this chapter, the following definitions shall apply: (a) “Personal property” means personal property falling within the definition of “unclaimed property” under the provisions of this title; (b) “Real property” means real property falling within the definition…

Code Civ. Proc. § 1361 Section 1361

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The care and custody of all property delivered to the Treasurer or Controller pursuant to this title is assumed by the State for the benefit of those entitled thereto, and the State is responsible for the payment of all claims established thereto pursuant to law, less any lawful …

Code Civ. Proc. § 377.10 Section 377.10

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For the purposes of this chapter, “beneficiary of the decedent’s estate” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action…

Code Civ. Proc. § 377.11 Section 377.11

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For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action. (Added by Stats. …

Code Civ. Proc. § 413.10 Section 413.10

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Except as otherwise provided by statute, a summons shall be served on a person: (a) Within this state, as provided in this chapter. (b) Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served…

Code Civ. Proc. § 413.20 Section 413.20

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If a summons is served by mail pursuant to this chapter, the provisions of Section 1013 that extend the time for exercising a right or doing an act shall not extend any time specified in this title. (Added by Stats. 1969, Ch. 1610.)

Code Civ. Proc. § 413.30 Section 413.30

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(a) (1) If no provision is made in this chapter or other law for the service of summons, or if a plaintiff, despite exercising reasonable diligence, has been unable to effect service of the summons by any of the methods authorized under this chapter, the court in which the action…

Code Civ. Proc. § 413.40 Section 413.40

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Any service of summons which complies with the provisions of this chapter shall not be rendered invalid or ineffective because it was made by a person in violation of Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code. (Added by Stats. 1…

Code Civ. Proc. § 484.010 Section 484.010

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Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought. (Added by Stats. 1974, …

Code Civ. Proc. § 484.020 Section 484.020

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The application shall be executed under oath and shall include all of the following: (a) A statement showing that the attachment is sought to secure the recovery on a claim upon which an attachment may be issued. (b) A statement of the amount to be secured by the attachment. (c) …

Code Civ. Proc. § 484.030 Section 484.030

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The application shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based. (Added by Stats. 1974, Ch. 1516.)

Code Civ. Proc. § 484.040 Section 484.040

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No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all of the following: (a) A copy of the summons and complaint. (b) A notice of application and hearing. (c) A…

Code Civ. Proc. § 484.050 Section 484.050

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The notice of application and hearing shall inform the defendant of all of the following: (a) A hearing will be held at a place and at a time, to be specified in the notice, on plaintiff’s application for a right to attach order and a writ of attachment. (b) The order will be iss…

Code Civ. Proc. § 484.060 Section 484.060

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(a) If the defendant desires to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to be secured by the attachment, the defendant shall file and serve upon the plaintiff no later than five court days prior to the date set for the …

Code Civ. Proc. § 484.070 Section 484.070

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(a) If the defendant claims that the personal property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant shall claim the exemption as provided in this section. If the defendant fails to make the claim or makes the cl…

Code Civ. Proc. § 484.080 Section 484.080

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(a) At the time set for the hearing, the plaintiff shall be ready to proceed. If the plaintiff is not ready, or if he has failed to comply with Section 484.040, the court may either deny the application for the order or, for good cause shown, grant the plaintiff a continuance for…

Code Civ. Proc. § 484.090 Section 484.090

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(a) At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of t…

Code Civ. Proc. § 484.100 Section 484.100

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The court’s determinations under this chapter shall have no effect on the determination of any issues in the action other than issues relevant to proceedings under this chapter nor shall they affect the rights of the plaintiff or defendant in any other action arising out of the s…

Code Civ. Proc. § 484.110 Section 484.110

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(a) Neither the failure of the defendant to oppose the issuance of a right to attach order under this chapter nor the defendant’s failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to …

Code Civ. Proc. § 684.010 Section 684.010

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Subject to Chapter 1 (commencing with Section 283) of Title 5 of Part 1 of this code and Section 215 of the Family Code, when a notice, order, or other paper is required to be served under this title on the judgment creditor, it shall be served on the judgment creditor’s attorney…

Code Civ. Proc. § 684.020 Section 684.020

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(a) Except as provided in subdivision (b), when a writ, notice, order, or other paper is required to be served under this title on the judgment debtor, it shall be served on the judgment debtor instead of the attorney for the judgment debtor. (b) The writ, notice, order, or other…

Code Civ. Proc. § 684.030 Section 684.030

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Sections 684.010 and 684.020 do not apply to either of the following: (a) A subpoena or other process to require the attendance of a party. (b) A paper to bring a party into contempt. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Code Civ. Proc. § 684.040 Section 684.040

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If service on an attorney is required under this article, service on the attorney shall be made in any of the following ways: (a) By personal delivery to the attorney. (b) By service in the manner provided in subdivision (1) of Section 1011. (c) By mail in the manner provided in …