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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

252 sections·Filtered byTitle CCP✕Ch 6✕

Code Civ. Proc. § 873.720 Section 873.720
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(a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving party shall give not less than 10 days’ notice of motion to: (1) The purchaser if the purchaser is not the moving party; and (2) All other parties who have appeared in t…
Code Civ. Proc. § 873.730 Section 873.730
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(a) At the hearing, the court shall examine the report and witnesses in relation to the report. (b) The court may confirm the sale notwithstanding a variance from the prescribed terms of sale if to do so will be beneficial to the parties and will not result in substantial prejudi…
Code Civ. Proc. § 873.740 Section 873.740
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(a) If at the hearing under Section 873.730 a responsible bidder makes a written increased offer that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, the court in its discretion may do either…
Code Civ. Proc. § 873.745 Section 873.745
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The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of real property in decedents’ estates. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 873.750 Section 873.750

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(a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds, take security, and perform other acts required to consummate the sale. (b) The order may direct the referee concerning the distribu…

Code Civ. Proc. § 873.760 Section 873.760

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If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser is subject to the court’s jurisdiction and to further proceedings in the action. Upon such failure, a party, or the referee, may upon notice move the court to order either of the foll…

Code Civ. Proc. § 873.770 Section 873.770

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Where the purchaser is a party or lienholder entitled to a share of the proceeds of sale, the referee may: (a) Take the purchaser’s receipt for so much of the proceeds of sale as belongs to the purchaser. (b) Take security, or other arrangement satisfactory to the referee, for pa…

Code Civ. Proc. § 873.780 Section 873.780

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The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree and the court upon noticed motion determines it will not result in substantial prejudice to the parties, may make adj…

Code Civ. Proc. § 873.790 Section 873.790

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(a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser. (b) The conveyance or transfer of real property and the order authorizing such conveyance or transfer shall be recorded in each county in which the …

Code Civ. Proc. § 1297.311 Section 1297.311

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An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.312 Section 1297.312

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For the purposes of Section 1297.311, in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated. (Added by Stats. 1988, Ch. 23, Se…

Code Civ. Proc. § 1297.313 Section 1297.313

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The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given, or the award is an arbitral award on agreed terms under Article 3 (commencing with Section 1297.301) of this chapter. (Added by Stats. 1988, Ch. 23, …

Code Civ. Proc. § 1297.314 Section 1297.314

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The arbitral award shall state its date and the place of arbitration as determined in accordance with Article 3 (commencing with Section 1297.201) of Chapter 5 and the award shall be deemed to have been made at that place. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7,…

Code Civ. Proc. § 1297.315 Section 1297.315

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After the arbitral award is made, a signed copy shall be delivered to each party. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.316 Section 1297.316

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The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award. (Added by Stats. 1988, Ch…

Code Civ. Proc. § 1297.317 Section 1297.317

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Unless otherwise agreed by the parties, the arbitral tribunal may award interest. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.318 Section 1297.318

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(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal. (b) In making an order for costs, the arbitral tribunal may include as costs any of the following: (1) The fees and expenses of the arbitrators and expert …

Code Civ. Proc. § 139 Section 139

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If no judge attends on the day appointed for the holding or sitting of a court, or on the day to which it may have been adjourned, within one hour after the time appointed, the sheriff, marshal, or clerk shall adjourn the same until the next day, at 10 o’clock a.m., and if no jud…

Code Civ. Proc. § 2020.410 Section 2020.410

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(a) A deposition subpoena that commands only the production of business records for copying shall designate the business records to be produced either by specifically describing each individual item or by reasonably particularizing each category of item, and shall specify the for…

Code Civ. Proc. § 2020.420 Section 2020.420

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The officer for a deposition seeking discovery only of business records for copying under this article shall be a professional photocopier registered under Chapter 20 (commencing with Section 22450) of Division 8 of the Business and Professions Code, or a person exempted from the…

Code Civ. Proc. § 2020.430 Section 2020.430

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(a) Except as provided in subdivision (e), if a deposition subpoena commands only the production of business records for copying, the custodian of the records or other qualified person shall, in person, by messenger, or by mail, deliver both of the following only to the depositio…

Code Civ. Proc. § 2020.440 Section 2020.440

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Promptly on or after the deposition date and after the receipt or the making of a copy of business records under this article, the deposition officer shall provide that copy to the party at whose instance the deposition subpoena was served, and a copy of those records to any othe…

Code Civ. Proc. § 708.310 Section 708.310

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If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor’s interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the…

Code Civ. Proc. § 708.320 Section 708.320

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(a) A lien on a judgment debtor’s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following: (1) All partners or the partnership. (2) All members or the limited lia…

Code Civ. Proc. § 873.810 Section 873.810

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The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in State of California or United States government obligations or interest-bearing accounts in an institution whose accounts are insured …

Code Civ. Proc. § 873.820 Section 873.820

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The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed. (c) Payment of any liens on the property in t…

Code Civ. Proc. § 873.830 Section 873.830

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Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of the property not sold by way of complete or partial satisfaction of his share of the proceeds. (Added by Stats. 1…

Code Civ. Proc. § 873.840 Section 873.840

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(a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for life or years and shall order such amount distributed to him or held for his benefit. (b) The court shall ascertain the p…

Code Civ. Proc. § 873.850 Section 873.850

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When the proceeds of the sale belonging to persons who are parties to the action, whether known or unknown, have not been allocated among such parties, the action may be continued as between such parties, for the determination of their respective claims thereto, which must be asc…

Code Civ. Proc. § 1297.321 Section 1297.321

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The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under Section 1297.322. The award shall be final upon the expiration of the applicable periods in Article 6 (commencing with Section 1297.331) of this chapter. (Added by St…

Code Civ. Proc. § 1297.322 Section 1297.322

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The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where any of the following occurs: (a) The claimant withdraws his or her claim, unless the respondent objects to the order and the arbitral tribunal recognizes a legitimate interest on the …

Code Civ. Proc. § 1297.323 Section 1297.323

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Subject to Article 6 (commencing with Section 1297.331) of this chapter, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 2020.510 Section 2020.510

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(a) A deposition subpoena that commands the attendance and the testimony of the deponent, as well as the production of business records, documents, electronically stored information, and tangible things, shall: (1) Comply with the requirements of Section 2020.310. (2) Designate t…

Code Civ. Proc. § 708.410 Section 708.410

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(a) A judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may obtain a lien under this article, to the extent required to satisfy the judgment creditor’s money judgment, on both of the following: (1) Any ca…

Code Civ. Proc. § 708.420 Section 708.420

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The notice of lien under Section 708.410 shall contain all of the following: (a) A statement that a lien has been created under this article and the title of the court and the cause and number of the pending action or proceeding in which the notice of lien is filed. (b) The name …

Code Civ. Proc. § 708.430 Section 708.430

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(a) The court in which the action or special proceeding is pending may permit a judgment creditor who has obtained a lien under this article to intervene in the action or proceeding pursuant to Section 387. (b) For the purposes of Sections 708.450 and 708.470, a judgment creditor…

Code Civ. Proc. § 708.440 Section 708.440

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(a) Except as provided in subdivision (c) of Section 708.410, unless the judgment creditor’s money judgment is first satisfied or the lien is released, the judgment recovered in the action or special proceeding in favor of the judgment debtor may not be enforced by a writ or othe…

Code Civ. Proc. § 708.450 Section 708.450

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(a) If a lien is created under this article, the judgment debtor may claim that all or any portion of the money or property that the judgment debtor may recover in the action or special proceeding is exempt from enforcement of a money judgment. The claim shall be made by applicat…

Code Civ. Proc. § 708.460 Section 708.460

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(a) If a lien is created pursuant to this article, the court clerk shall endorse upon the judgment recovered in the action or special proceeding a statement of the existence of the lien and the time it was created. (b) Any abstract issued upon the judgment shall include a stateme…

Code Civ. Proc. § 708.470 Section 708.470

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(a) If the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under this article exists, upon application of any party to the action or special proceeding, the court may order that the judgment debtor’s right…

Code Civ. Proc. § 708.480 Section 708.480

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A lien created under this article may be enforced by any applicable procedure: (a) After the judgment subject to the lien is entered and the time for appeal from the judgment has expired. (b) If an appeal is filed from the judgment subject to the lien, after the appeal is finally…

Code Civ. Proc. § 1297.331 Section 1297.331

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Within 30 days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties: (a) A party may request the arbitral tribunal to correct in the arbitral award any computation errors, any clerical or typographical errors, or any other errors …

Code Civ. Proc. § 1297.332 Section 1297.332

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If the arbitral tribunal considers any request made under Section 1297.331 to be justified, it shall make the correction or give the interpretation within 30 days after receipt of the request and the interpretation shall form part of the arbitral award. (Added by Stats. 1988, Ch.…

Code Civ. Proc. § 1297.333 Section 1297.333

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The arbitral tribunal may correct any error of the type referred to in subdivision (a) of Section 1297.331, on its own initiative, within 30 days after the date of the arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.334 Section 1297.334

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Unless otherwise agreed by the parties, a party may request, within 30 days after receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to the claims presented in the arbitral proceedings but omitted from the arbitral award. (Added by Stats.…

Code Civ. Proc. § 1297.335 Section 1297.335

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If the arbitral tribunal considers any request made under Section 1297.334 to be justified, it shall make the additional arbitral award within 60 days after receipt of the request. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.336 Section 1297.336

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The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation, or make an additional arbitral award under Section 1297.331 or 1297.334. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1297.337 Section 1297.337

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Article 4 (commencing with Section 1297.311) of this chapter applies to a correction or interpretation of the arbitral award or to an additional arbitral award made under this section. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 153 Section 153

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Except as otherwise expressly provided by law, the seal of a court need not be affixed to any proceeding therein, or to any document, except to the following: (a) A writ. (b) A summons. (c) A warrant of arrest. (Amended by Stats. 1988, Ch. 1199, Sec. 2. Operative July 1, 1989, by…

Code Civ. Proc. § 708.510 Section 708.510

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(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a receiver appointed pursuant to Article 7 (commencing with Section 708.610) all or part of a rig…