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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. § 1032 Section 1032
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(a) As used in this section, unless the context clearly requires otherwise: (1) “Complaint” includes a cross-complaint. (2) “Defendant” includes a cross-defendant, a person against whom a complaint is filed, or a party who files an answer in intervention. (3) “Plaintiff” includes…
Code Civ. Proc. § 1033 Section 1033
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(a) Costs or any portion of claimed costs shall be as determined by the court in its discretion in a case other than a limited civil case in accordance with Section 1034 where the prevailing party recovers a judgment that could have been rendered in a limited civil case. (b) When…
Code Civ. Proc. § 1033.5 Section 1033.5
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(a) The following items are allowable as costs under Section 1032: (1) Filing, motion, and jury fees. (2) Juror food and lodging while they are kept together during trial and after the jury retires for deliberation. (3) (A) Taking, video recording, and transcribing necessary depo…
Code Civ. Proc. § 1034 Section 1034
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(a) Prejudgment costs allowable under this chapter shall be claimed and contested in accordance with rules adopted by the Judicial Council. (b) The Judicial Council shall establish by rule allowable costs on appeal and the procedure for claiming those costs. (Repealed and added b…

Code Civ. Proc. § 1034.5 Section 1034.5

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In unlawful detainer proceedings, the plaintiff who recovers judgment for possession of premises, and who advances or pays to the sheriff or marshal the expenses required for the eviction of any persons in possession or occupancy of the premises and the personal property of such …

Code Civ. Proc. § 1036 Section 1036

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In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, or the attorney representing the public entity who effects a settlement of that proceeding, shall determine and award or allow to the plaintiff, as a part of that judg…

Code Civ. Proc. § 1038 Section 1038

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(a) In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross-defendant, shal…

Code Civ. Proc. § 1971 Section 1971

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No estate or interest in real property, other than for leases for a term not exceeding one year, nor any power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyanc…

Code Civ. Proc. § 1972 Section 1972

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(a) Section 1971 shall not be construed to abridge the power of any court to compel the specific performance of an agreement, in case of part performance thereof. (b) Section 1971 does not affect the creation of a trust under Division 9 (commencing with Section 15000) of the Prob…

Code Civ. Proc. § 1974 Section 1974

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No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum thereof, be in writing, and either subscribed by or in the handwriting of the party to be charged. This section is a Statute of Fr…

Code Civ. Proc. § 366.1 Section 366.1

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If a person entitled to bring an action dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced before the expiration of the later of the following times: (a) Six months after the person’s death. (b) The limita…

Code Civ. Proc. § 366.2 Section 366.2

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(a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action ma…

Code Civ. Proc. § 366.3 Section 366.3

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(a) If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust or under another instrument, whether the promise or agreement was made orally or in writing, an action to enforce the claim to distribution may be commenced…

Code Civ. Proc. § 386 Section 386

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(a) A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for…

Code Civ. Proc. § 386.1 Section 386.1

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Where a deposit has been made pursuant to Section 386, the court shall, upon the application of any party to the action, order such deposit to be invested in an insured interest-bearing account. Interest on such amount shall be allocated to the parties in the same proportion as t…

Code Civ. Proc. § 386.5 Section 386.5

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Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting dem…

Code Civ. Proc. § 386.6 Section 386.6

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(a) A party to an action who follows the procedure set forth in Section 386 or 386.5 may insert in his motion, petition, complaint, or cross complaint a request for allowance of his costs and reasonable attorney fees incurred in such action. In ordering the discharge of such part…

Code Civ. Proc. § 446 Section 446

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(a) Every pleading shall be subscribed by the party or his or her attorney. When the state, any county thereof, city, school district, district, public agency, or public corporation, or any officer of the state, or of any county thereof, city, school district, district, public ag…

Code Civ. Proc. § 486.010 Section 486.010

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(a) At the time of applying for a right to attach order under Chapter 4 (commencing with Section 484.010), the plaintiff may apply pursuant to this chapter for a temporary protective order by filing an application for the order with the court in which the action is brought. (b) T…

Code Civ. Proc. § 486.020 Section 486.020

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The court shall examine the application, supporting affidavit, and other papers on record and shall issue a temporary protective order, which shall state the amount sought to be secured by the attachment under the application for the right to attach order, upon the filing of an u…

Code Civ. Proc. § 486.030 Section 486.030

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(a) In any case where the plaintiff has applied for a right to attach order and writ of attachment under Chapter 5 (commencing with Section 485.010), the court may in its discretion deny the application for the order and writ and issue instead a temporary protective order under t…

Code Civ. Proc. § 486.040 Section 486.040

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The temporary protective order issued under this chapter shall contain such provisions as the court determines would be in the interest of justice and equity to the parties, taking into account the effects on both the defendant and the plaintiff under the circumstances of the par…

Code Civ. Proc. § 486.050 Section 486.050

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(a) Except as otherwise provided in Section 486.040, the temporary protective order may prohibit a transfer by the defendant of any of the defendant’s property in this state subject to the levy of the writ of attachment. The temporary protective order shall describe the property …

Code Civ. Proc. § 486.060 Section 486.060

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(a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant’s accounts in a financial institution in this state to the extent permitted by this section. (b) The defendant may issue any number of checks…

Code Civ. Proc. § 486.070 Section 486.070

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Except as otherwise provided by Section 486.110, a temporary protective order issued under this chapter binds only the defendant, whether or not any other person knows of or is served with a copy of the temporary protective order. (Amended by Stats. 1976, Ch. 437.)

Code Civ. Proc. § 486.080 Section 486.080

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The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040. (Amended by Stats. 1982, Ch. 1198, Sec. 44. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

Code Civ. Proc. § 486.090 Section 486.090

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Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times: (a) Forty days after the issuance of the order or, if an earlier date is prescribed by the court in the order, on such earlier date. (b) As to specific …

Code Civ. Proc. § 486.100 Section 486.100

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Upon ex parte application of the defendant or, if the court so orders, after a noticed hearing, the court may modify or vacate the temporary protective order if it determines that such action would be in the interest of justice and equity to the parties, taking into account the e…

Code Civ. Proc. § 486.110 Section 486.110

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(a) The service upon the defendant of a temporary protective order pursuant to Section 486.080 creates a lien upon any property, or the proceeds thereof, which is described in the order, is owned by the defendant at the time of such service, and is subject to attachment pursuant …

Code Civ. Proc. § 572 Section 572

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When it is admitted by the pleadings, or shown upon the examination of a party to the action, that he or she has in his or her possession, or under his or her control, any money or other thing capable of delivery, which, being the subject of litigation, is held by him or her as t…

Code Civ. Proc. § 573 Section 573

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Whenever money is paid into or deposited in the court under this chapter, it shall be deposited with the court’s treasury as provided in Section 68084 of the Government Code. (Repealed and added by Stats. 2005, Ch. 75, Sec. 35. Effective July 19, 2005. Operative January 1, 2006, …

Code Civ. Proc. § 574 Section 574

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Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the court, beside punishing the disobedience, may make an order requiring the sheriff or marshal to take the money, or thing, and deposit …

Code Civ. Proc. § 638 Section 638

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A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds…

Code Civ. Proc. § 639 Section 639

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(a) When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases pursuant to the provisions of subdivision (b) of Section 640: (1) When the trial of an issue of fact requires the examination o…

Code Civ. Proc. § 640 Section 640

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(a) The court shall appoint as referee or referees the person or persons, not exceeding three, agreed upon by the parties. (b) If the parties do not agree on the selection of the referee or referees, each party shall submit to the court up to three nominees for appointment as ref…

Code Civ. Proc. § 640.5 Section 640.5

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It is the intent of the Legislature that the practice and cost of referring discovery disputes to outside referees be thoroughly reviewed. Therefore, in addition to the requirements of subdivision (e) of Section 639, the Judicial Council shall collect information from the trial c…

Code Civ. Proc. § 641 Section 641

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A party may object to the appointment of any person as referee, on one or more of the following grounds: (a) A want of any of the qualifications prescribed by statute to render a person competent as a juror, except a requirement of residence within a particular county in the stat…

Code Civ. Proc. § 641.2 Section 641.2

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In any action brought under Article 8 (commencing with Section 12600) of Chapter 6, Part 2, Division 3, Title 3 of the Government Code, a party may object to the appointment of any person as referee on the ground that the person is not technically qualified with respect to the pa…

Code Civ. Proc. § 642 Section 642

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Objections, if any, to a reference or to the referee or referees appointed by the court shall be made in writing, and must be heard and disposed of by the court, not by the referee. (Repealed and added by Stats. 2000, Ch. 644, Sec. 7. Effective January 1, 2001.)

Code Civ. Proc. § 643 Section 643

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(a) Unless otherwise directed by the court, the referees or commissioner must report their statement of decision in writing to the court within 20 days after the hearing, if any, has been concluded and the matter has been submitted. (b) A referee appointed pursuant to Section 638…

Code Civ. Proc. § 644 Section 644

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(a) In the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered t…

Code Civ. Proc. § 645 Section 645

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The decision of the referee appointed pursuant to Section 638 or commissioner may be excepted to and reviewed in like manner as if made by the court. When the reference is to report the facts, the decision reported has the effect of a special verdict. (Amended by Stats. 2000, Ch.…

Code Civ. Proc. § 645.1 Section 645.1

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(a) When a referee is appointed pursuant to Section 638, the referee’s fees shall be paid as agreed by the parties. If the parties do not agree on the payment of fees and request the matter to be resolved by the court, the court may order the parties to pay the referee’s fees as …

Code Civ. Proc. § 645.2 Section 645.2

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The Judicial Council shall adopt all rules of court necessary to implement this chapter. (Added by Stats. 2000, Ch. 644, Sec. 12. Effective January 1, 2001.)

Code Civ. Proc. § 686.010 Section 686.010

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After the death of the judgment creditor, the judgment may be enforced as provided in this title by the judgment creditor’s executor or administrator or successor in interest. (Repealed and added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Code Civ. Proc. § 686.020 Section 686.020

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After the death of the judgment debtor, enforcement of a judgment against property in the judgment debtor’s estate is governed by the Probate Code, and not by this title. (Amended by Stats. 1989, Ch. 1416, Sec. 21.)

Code Civ. Proc. § 720.610 Section 720.610

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A third person may give an undertaking to release property pursuant to this chapter in the following cases: (a) Where the third person claims ownership or the right to possession of real property that has been levied upon under a writ of attachment or a writ of execution. (b) Whe…

Code Civ. Proc. § 720.620 Section 720.620

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The third person shall file the undertaking to release property with the levying officer, together with two copies of the undertaking: (a) At the time the third person files a third-party claim pursuant to Chapter 2 (commencing with Section 720.110) or Chapter 3 (commencing with …

Code Civ. Proc. § 720.630 Section 720.630

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(a) The undertaking to release property shall contain a description of the property to be released and shall describe the interest of the third person. (b) The undertaking shall be made in favor of the creditor and shall provide that, if the debtor is finally adjudged to have an …

Code Civ. Proc. § 720.640 Section 720.640

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(a) If the undertaking to release property is filed with the levying officer at the time the third-party claim is filed, the levying officer shall serve a copy of the undertaking on the creditor and on the debtor with the notice of the filing of the third-party claim served pursu…