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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

189 sections·Filtered byTitle CCP✕Ch 7✕

Code Civ. Proc. § 1528 Section 1528
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This chapter does not apply to unclaimed funds held by a life insurance corporation which is organized or admitted as a domestic fraternal benefit society under Chapter 10 (commencing with Section 10970) of Part 2 of Division 2 of the Insurance Code, so long as such funds are use…
Code Civ. Proc. § 656 Section 656
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A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee. (Amended by Stats. 1907, Ch. 380.)
Code Civ. Proc. § 657 Section 657
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The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rig…
Code Civ. Proc. § 657.1 Section 657.1
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A new trial may also be granted as provided in Section 914 of this code. (Added by Stats. 1968, Ch. 387.)

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Code Civ. Proc. § 658 Section 658

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When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon affidavits; otherwise it must be made on the minutes of the court. (Amended by Stats. 1983, Ch. 1167, Sec. 9.)

Code Civ. Proc. § 659 Section 659

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(a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of their intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the min…

Code Civ. Proc. § 659a Section 659a

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Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in support of the motion. The other parties shall have 10 days after that service within which to serve upon the moving par…

Code Civ. Proc. § 660 Section 660

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(a) On the hearing of the motion, reference may be had in all cases to the pleadings and orders of the court on file, and when the motion is made on the minutes, reference may also be had to any depositions and documentary evidence offered at the trial and to the report of the pr…

Code Civ. Proc. § 661 Section 661

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The motion for a new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county where the trial was had, the same shall be he…

Code Civ. Proc. § 662 Section 662

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In ruling on such motion, in a cause tried without a jury, the court may, on such terms as may be just, change or add to the statement of decision, modify the judgment, in whole or in part, vacate the judgment, in whole or in part, and grant a new trial on all or part of the issu…

Code Civ. Proc. § 662.5 Section 662.5

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(a) In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in its discretion: (1) If the ground for granting a new trial is inadequate damages, issue a conditional order granting the new tri…

Code Civ. Proc. § 663 Section 663

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A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecti…

Code Civ. Proc. § 663.1 Section 663.1

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The court may grant a new trial of any action or proceeding when all of the following conditions exist: (a) Any proposed bill of exceptions or statement of the case on motion for a new trial is lost or destroyed by reason of conflagration or other public calamity. (b) No other re…

Code Civ. Proc. § 663.2 Section 663.2

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Pending the hearing of a motion pursuant to Section 663.1 to grant a new trial, the time within which a bill of exceptions may be prepared, served, or presented for settlement shall be extended and shall not commence to run until the decision upon the motion. The motion must be m…

Code Civ. Proc. § 663a Section 663a

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(a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made, and specifying the part…

Code Civ. Proc. § 833 Section 833

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(a) Except as provided in subdivision (b), this chapter applies to actions that would comprehensively determine rights to extract groundwater in a basin, whether based on appropriation, overlying right, or other basis of right. (b) This chapter does not apply to any of the follow…

Code Civ. Proc. § 834 Section 834

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(a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin. (b) The court’s final judgment in a …

Code Civ. Proc. § 1297.361 Section 1297.361

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At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and apportionment of costs between the parties, and send copies to the parties, specifying the time within which they must signify thei…

Code Civ. Proc. § 1297.362 Section 1297.362

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No party may be required to accept any settlement proposed by the conciliator or conciliators. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)

Code Civ. Proc. § 1530 Section 1530

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(a) Every person holding funds or other property escheated to this state under this chapter shall report to the Controller as provided in this section. (b) The report shall be on a form prescribed or approved by the Controller and shall include: (1) Except with respect to travele…

Code Civ. Proc. § 1531 Section 1531

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(a) Within one year after payment or delivery of escheated property as required by Section 1532, the Controller shall cause a notice to be published in a manner that the Controller determines to be reasonable, which may include, but not be limited to, newspapers, Internet Web sit…

Code Civ. Proc. § 1531.5 Section 1531.5

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(a) The Controller shall establish and conduct a notification program designed to inform owners about the possible existence of unclaimed property received pursuant to this chapter. (b) Any notice sent pursuant to this section shall not contain a photograph or likeness of an elec…

Code Civ. Proc. § 1531.6 Section 1531.6

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(a) In addition to the notices required pursuant to this chapter, the Controller may mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award whose name is shown on or can be associated with the contents of a safe deposit box or oth…

Code Civ. Proc. § 1532 Section 1532

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(a) Every person filing a report as provided by Section 1530 shall, no sooner than seven months and no later than seven months and 15 days after the final date for filing the report, pay or deliver to the Controller all escheated property specified in the report. Any payment of u…

Code Civ. Proc. § 1532.1 Section 1532.1

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Notwithstanding Sections 1531 and 1532, property that escheats to the state pursuant to Section 1514 shall not be paid or delivered to the state until the earlier of (a) the time when the holder is requested to do so by the Controller or (b) within one year after the final date f…

Code Civ. Proc. § 1533 Section 1533

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Tangible personal property may be excluded from the notices required by Section 1531, shall not be delivered to the Controller, and shall not escheat to the state, if the Controller, in their discretion, determines that it is not in the interest of the state to take custody of th…

Code Civ. Proc. § 835 Section 835

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(a) The plaintiff shall provide notice of the comprehensive adjudication to all of the following: (1) A groundwater sustainability agency that overlies the basin or a portion of the basin. (2) A city, county, or city and county that overlies the basin or a portion of the basin. (…

Code Civ. Proc. § 836 Section 836

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(a) When the plaintiff files the complaint, the plaintiff shall also lodge with the court both of the following: (1) (A) A draft notice titled “NOTICE OF COMMENCEMENT OF GROUNDWATER BASIN ADJUDICATION” in no less than 20-point font and the following text printed immediately below…

Code Civ. Proc. § 836.5 Section 836.5

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(a) Within 15 days of the court order approving the notice and form answer under Section 836, the plaintiff shall request from the following entities the names and addresses of persons reporting extractions within the basin under the Sustainable Groundwater Management Act, or Par…

Code Civ. Proc. § 1297.371 Section 1297.371

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When persons agree to participate in conciliation under this title: (a) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any civil action in which, pu…

Code Civ. Proc. § 1540 Section 1540

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(a) Any person, excluding another state, who claims to have been the owner, as defined in subdivision (d), of property paid or delivered to the Controller under this chapter may file a claim to the property or to the net proceeds from its sale. The claim shall be on a form prescr…

Code Civ. Proc. § 1541 Section 1541

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Any person aggrieved by a decision of the Controller or as to whose claim the Controller has failed to make a decision within 180 days after the filing of the claim, may commence an action, naming the Controller as a defendant, to establish his or her claim in the superior court …

Code Civ. Proc. § 1542 Section 1542

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(a) At any time after property has been paid or delivered to the Controller under this chapter, another state is entitled to recover the property if: (1) The property escheated to this state under subdivision (b) of Section 1510 because no address of the apparent owner of the pro…

Code Civ. Proc. § 1543 Section 1543

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Notwithstanding Section 1540, the Controller may do any of the following to streamline the secure payment of claims: (a) Minimize the number of documents a claimant is required to submit for property valued at less than five thousand dollars ($5,000). (b) Allow electronic submiss…

Code Civ. Proc. § 837 Section 837

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(a) A groundwater sustainability agency for the basin or a portion of the basin may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) A city, county, or city and county that overlies the basin or a portion of the basin may intervene in a comprehens…

Code Civ. Proc. § 837.5 Section 837.5

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(a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) This section does not affect substantive law. (Added by Stats. 2015, Ch. 676, Sec. 1. (SB 226) Effective January 1, 2016.)

Code Civ. Proc. § 1297.381 Section 1297.381

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The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral proceedings from the commencement of conciliation until the termination of conciliation proceedings. (Added by Stats. 1988…

Code Civ. Proc. § 1297.382 Section 1297.382

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All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under this title and all limitation periods shall remain tolled and periods of prescription extended as to all…

Code Civ. Proc. § 1560 Section 1560

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(a) Upon the payment or delivery of escheated property to the Controller, the state shall assume custody and shall be responsible for the safekeeping of the property. Any person who pays or delivers escheated property to the Controller under this chapter and who, prior to escheat…

Code Civ. Proc. § 1561 Section 1561

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(a) If the holder pays or delivers escheated property to the State Controller in accordance with this chapter and thereafter any person claims the property from the holder or another state claims the property from the holder under that state’s laws relating to escheat, the State …

Code Civ. Proc. § 1562 Section 1562

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When property other than money is delivered to the State Controller under this chapter, any dividends, interest or other increments realized or accruing on such property at or prior to liquidation or conversion thereof into money, shall upon receipt be credited to the owner’s acc…

Code Civ. Proc. § 1563 Section 1563

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(a) Except as provided in subdivisions (b) and (c), all escheated property delivered to the Controller under this chapter shall be sold by the Controller to the highest bidder at public sale in whatever city in the state affords in the Controller’s judgment the most favorable mar…

Code Civ. Proc. § 1564 Section 1564

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(a) All money received under this chapter, including the proceeds from the sale of property under Section 1563, shall be deposited in the Unclaimed Property Fund in an account titled “Abandoned Property.” (b) Notwithstanding Section 13340 of the Government Code, all money in the …

Code Civ. Proc. § 1564.5 Section 1564.5

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(a) Notwithstanding any law, including, but not limited to, Section 1564, all money received under this chapter from funds held in an Interest on Lawyers’ Trust Account (IOLTA) that escheat to the state shall be administered as set forth in this section. The money shall be deposi…

Code Civ. Proc. § 1565 Section 1565

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Any property delivered to the Controller pursuant to this chapter that has no apparent commercial value shall be retained by the Controller for a period of not less than seven years from the date the property is delivered to the Controller. If the Controller determines that any p…

Code Civ. Proc. § 1566 Section 1566

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(a) When payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit shall thereafter be maintained by any other claimant against the state or any officer or employee thereof for or on account of such property. (b) Ex…

Code Civ. Proc. § 1567 Section 1567

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The Director of Parks and Recreation may examine any tangible personal property delivered to the Controller under this chapter for purposes of determining whether such property would be useful under the provisions of Section 512 of the Public Resources Code. If the director makes…

Code Civ. Proc. § 1568 Section 1568

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(a) The Controller may select one or more custodians for the management and safekeeping of digital financial assets that have escheated to the state. Any entity selected as a custodian shall hold a valid license issued by the Department of Financial Protection and Innovation purs…

Code Civ. Proc. § 838 Section 838

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(a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceeding…

Code Civ. Proc. § 1297.391 Section 1297.391

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The conciliation proceedings may be terminated as to all parties by any of the following: (a) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of …