Title CCP — California Code Civ. Proc.
0 chapters · 1,833 sections in this title.
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. § 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.
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.
Code Civ. Proc. § 414.10 Section 414.10
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A summons may be served by any person who is at least 18 years of age and not a party to the action.
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. § 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.
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.
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.
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, 415.30, or 415.45, 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…
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.
Code Civ. Proc. § 417.40 Section 417.40
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(a) A proof of service that is signed by a person who is required to be 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 number assigned to the pers…
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.
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.
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. § 484.310 Section 484.310
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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 under t…
Code Civ. Proc. § 484.320 Section 484.320
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The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right to attach order under Article 1 (commencing with Section 484.010) or that the court has found pursuant to Section 485.240 that the plain…
Code Civ. Proc. § 484.330 Section 484.330
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No writ of attachment shall be issued under this article except after a hearing. At least 15 days prior to the hearing, the defendant shall be served with both of the following: (a) A notice of application and hearing. (b) A copy of the application.
Code Civ. Proc. § 484.340 Section 484.340
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The notice of application and hearing shall inform the defendant of all of the following: (a) The plaintiff has applied for a writ of attachment to attach the property described in the application. (b) A hearing will be held at a place and at a time, to be specified in the notice…
Code Civ. Proc. § 484.350 Section 484.350
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(a) If the defendant claims that the property described in the plaintiff’s application, or a portion of such property, is exempt from attachment, the defendant may claim the exemption as provided in this section. If the defendant fails to make a claim with respect to personal pro…
Code Civ. Proc. § 484.360 Section 484.360
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(a) If the defendant files and serves a claim of exemption and the plaintiff desires to oppose the claim, he shall file and serve on the defendant, not less than two days before the date set for the hearing, a notice of opposition to the claim of exemption, accompanied by an affi…
Code Civ. Proc. § 484.370 Section 484.370
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The hearing shall be conducted in the manner prescribed in Section 484.090 and the court 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…
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…