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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

265 sections·Filtered byTitle CCP✕Ch 5✕

Code Civ. Proc. § 405.60 Section 405.60
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Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of pendency of action pursuant to this title, neither the notice nor any information derived from it, prior to the recording of …
Code Civ. Proc. § 405.61 Section 405.61
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Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of pendency of action pursuant to this title, no person except a nonfictitious party to the action at the time of recording of t…
Code Civ. Proc. § 418.10 Section 418.10
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(a) A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jur…
Code Civ. Proc. § 418.11 Section 418.11
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An appearance at a hearing at which ex parte relief is sought, or an appearance at a hearing for which an ex parte application for a provisional remedy is made, is not a general appearance and does not constitute a waiver of the right to make a motion under Section 418.10. (Added…

Code Civ. Proc. § 437c Section 437c

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(a) (1) A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding. The motion may be made at any time after 60 days have elapsed since the general appearance in the acti…

Code Civ. Proc. § 438 Section 438

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(a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant. (3) “Defendant” includes a cross-defendant. (b) (1) A party may move for judgment on the pleadings. (2) The court may upon its own motion grant a motion for judg…

Code Civ. Proc. § 439 Section 439

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(a) Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purp…

Code Civ. Proc. § 564 Section 564

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(a) A receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in any case in which the court is empowered by law to appoint a receiver. (b) A receiver may be appointed by the court in which an action or proceedin…

Code Civ. Proc. § 565 Section 565

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Upon the dissolution of any corporation, the Superior Court of the county in which the corporation carries on its business or has its principal place of business, on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more p…

Code Civ. Proc. § 566 Section 566

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(a) No party, or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third degree, can be appointed receiver therein without the written consent of the parties, filed with the clerk. (b) If a receive…

Code Civ. Proc. § 567 Section 567

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Before entering upon the duties of a receiver: (a) The receiver must be sworn to perform the duties faithfully. (b) The receiver shall give an undertaking to the State of California, in such sum as the court or judge may direct, to the effect that the receiver will faithfully dis…

Code Civ. Proc. § 568 Section 568

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The receiver has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such act…

Code Civ. Proc. § 568.1 Section 568.1

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Any securities in the hands of a receiver may, under the control of the court, be deposited by the receiver in a securities depository, as defined in Section 30004 of the Financial Code, which is licensed under Section 30200 of the Financial Code or exempted from licensing thereu…

Code Civ. Proc. § 568.2 Section 568.2

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(a) A receiver of real property containing rental housing shall notify the court of the existence of any order or notice to correct any substandard or unsafe condition, as defined in Section 17920.3 or 17920.10 of the Health and Safety Code, with which the receiver cannot comply …

Code Civ. Proc. § 568.3 Section 568.3

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Any tenant of real property that is subject to receivership, a tenant association or organization, or any federal, state, or local enforcement agency, may file a motion in a receivership action for the purpose of seeking further instructions or orders from the court, if either of…

Code Civ. Proc. § 568.5 Section 568.5

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A receiver may, pursuant to an order of the court, sell real or personal property in the receiver’s possession upon the notice and in the manner prescribed by Article 6 (commencing with Section 701.510) of Chapter 3 of Division 2 of Title 9. The sale is not final until confirmed …

Code Civ. Proc. § 568.6 Section 568.6

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A receiver appointed at the request of the Public Utilities Commission pursuant to Section 1825 of the Public Utilities Code shall control and operate Pacific Gas and Electric Company upon such terms and conditions as the court prescribes. (Added by Stats. 2020, Ch. 27, Sec. 2. (…

Code Civ. Proc. § 569 Section 569

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Funds in the hands of a receiver may be deposited in one or more interest bearing accounts in the name and for the benefit of the receivership estate with one or more financial institutions, provided that all of the following conditions are satisfied: (a) The deposits are fully g…

Code Civ. Proc. § 570 Section 570

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A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him, shall, before receiving his discharge as such receiver, publish a notice, in one or more newspapers published in the county, at least once a week for four consecutive weeks, setti…

Code Civ. Proc. § 631 Section 631

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(a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil cases, a jury may only be waived pursuant to subdivision (f). (b) At least one party demanding a jury on each side of a civ…

Code Civ. Proc. § 631.2 Section 631.2

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(a) Notwithstanding any other provision of law, the superior court may pay jury fees in civil cases from general funds of the court available therefor. Nothing in this section shall be construed to change the requirements for the deposit of jury fees in any civil case by the appr…

Code Civ. Proc. § 631.3 Section 631.3

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(a) Notwithstanding any other law, when a party to the litigation has deposited jury fees with the judge or clerk and that party waives a jury or obtains a continuance of the trial, or the case is settled, none of the deposit shall be refunded if the court finds there has been in…

Code Civ. Proc. § 631.5 Section 631.5

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In all cases of eminent domain the deposits of jury fees and mileage provided for in section 631 of this code shall be made by the party seeking condemnation regardless of which party shall have demanded a jury trial, and the trial shall not proceed until such deposits are made. …

Code Civ. Proc. § 631.7 Section 631.7

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Ordinarily, unless the court otherwise directs, the trial of a civil action tried by the court without a jury shall proceed in the order specified in Section 607. (Added by Stats. 1965, Ch. 299.)

Code Civ. Proc. § 631.8 Section 631.8

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(a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support of his defense or in rebuttal in the event the motion is not granted, may move for a judgment. The court as trier of the f…

Code Civ. Proc. § 632 Section 632

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(a) In superior courts, upon the trial of a question of fact by the court, written findings of fact and conclusions of law shall not be required. The court shall issue a statement of decision explaining the factual and legal basis for its decision as to each of the principal cont…

Code Civ. Proc. § 634 Section 634

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When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or ambiguity was brought to the attention of the trial court either prior to entry of judgment or in conjunction with a motion under Section…

Code Civ. Proc. § 635 Section 635

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In all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case is unavailable, the formal judgment or order conforming to the minutes may be signed by the presiding judge of the court or by a judge designated by the pr…

Code Civ. Proc. § 636 Section 636

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On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section 585, upon the failure of the defendant to answer. If judgment be for the defendant upon an issue of law, and the taking of an account, or the pro…

Code Civ. Proc. § 685.010 Section 685.010

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(a) (1) Except as provided in paragraph (2), interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. (2) (A) For judgments entered on or after January 1, 2023, or where an application for renewal of judgment is filed…

Code Civ. Proc. § 685.020 Section 685.020

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(a) Except as provided in subdivision (b), interest commences to accrue on a money judgment on the date of entry of the judgment. (b) Unless the judgment otherwise provides, if a money judgment is payable in installments, interest commences to accrue as to each installment on the…

Code Civ. Proc. § 685.030 Section 685.030

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(a) If a money judgment is satisfied in full pursuant to a writ under this title, interest ceases to accrue on the judgment: (1) If the proceeds of collection are paid in a lump sum, on the date of levy. (2) If the money judgment is satisfied pursuant to an earnings withholding o…

Code Civ. Proc. § 685.040 Section 685.040

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The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgm…

Code Civ. Proc. § 685.050 Section 685.050

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(a) If a writ is issued pursuant to this title to enforce a judgment, the costs and interest to be satisfied in a levy under the writ are the following: (1) The statutory fee for issuance of the writ. (2) The amount of interest that has accrued from the date of entry or renewal o…

Code Civ. Proc. § 685.070 Section 685.070

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(a) The judgment creditor may claim under this section the following costs of enforcing a judgment, which shall not include costs exempted under this title: (1) Statutory fees for preparing and issuing, and recording and indexing, an abstract of judgment or a certified copy of a …

Code Civ. Proc. § 685.080 Section 685.080

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(a) The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred. The costs claimed under this section may include, but are…

Code Civ. Proc. § 685.090 Section 685.090

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(a) Costs are added to and become a part of the judgment: (1) Upon the filing of an order allowing the costs pursuant to this chapter. (2) If a memorandum of costs is filed pursuant to Section 685.070 and no motion to tax is made, upon the expiration of the time for making the mo…

Code Civ. Proc. § 685.095 Section 685.095

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When a writ is served by a levying officer or registered process server, the costs for that service, as determined pursuant to Section 1033.5, shall be added to and become part of the judgment. (Amended by Stats. 1987, Ch. 1080, Sec. 4.)

Code Civ. Proc. § 685.100 Section 685.100

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(a) Except as otherwise provided by law: (1) As a prerequisite to the performance by the levying officer of a duty under this title, the judgment creditor shall deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty. (2) As a prerequisi…

Code Civ. Proc. § 685.110 Section 685.110

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Nothing in this chapter affects the law relating to prejudgment interest. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Code Civ. Proc. § 717.010 Section 717.010

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A judgment not otherwise enforceable pursuant to this title may be enforced by personally serving a certified copy of the judgment on the person required to obey it and invoking the power of the court to punish for contempt. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July…

Code Civ. Proc. § 720.510 Section 720.510

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A creditor may make a demand as provided in this chapter that a secured party or lienholder file a third-party claim to personal property that has been levied upon under a writ of attachment or a writ of execution. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, …

Code Civ. Proc. § 720.520 Section 720.520

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(a) The creditor’s demand for a third-party claim by the secured party or lienholder, together with a copy of the demand, shall be filed with the levying officer after levy on the personal property but before the levying officer sells the property or pays proceeds of collection t…

Code Civ. Proc. § 720.530 Section 720.530

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The demand for a third-party claim served on a secured party or lienholder shall contain all of the following: (a) The name and address of the secured party or lienholder. (b) The name and address of the creditor. (c) A detailed description of the personal property levied upon an…

Code Civ. Proc. § 720.540 Section 720.540

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Except as otherwise provided by statute, the levying officer may not release, sell, or otherwise dispose of the personal property described in the demand before the expiration of 30 days after service of the demand on the secured party or lienholder. (Added by Stats. 1982, Ch. 13…

Code Civ. Proc. § 720.550 Section 720.550

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(a) If the secured party or lienholder does not file a third-party claim with the levying officer pursuant to Chapter 3 (commencing with Section 720. 210) within 30 days after service of the demand, the secured party or lienholder shall be deemed to have waived any priority the s…

Code Civ. Proc. § 802 Section 802

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The writ of sire facies is abolished. (Amended by Code Amendments 1880, Ch. 22.)

Code Civ. Proc. § 803 Section 803

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An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any…

Code Civ. Proc. § 804 Section 804

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Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightly entitled to the office, with a statement of his right thereto. (Amended by Stats. 1973, Ch. 20.)

Code Civ. Proc. § 805 Section 805

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In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice may require. (Enacted 1872.)