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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

142 sections·Filtered byTitle CCP✕Ch 8✕

Code Civ. Proc. § 1260.010 Section 1260.010
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Proceedings under this title take precedence over all other civil actions in the matter of setting the same for hearing or trial in order that such proceedings shall be quickly heard and determined. (Added by Stats. 1975, Ch. 1275.)
Code Civ. Proc. § 1260.020 Section 1260.020
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(a) If proceedings to acquire the same property are consolidated, the court shall first determine whether the public uses for which the property is sought are compatible within the meaning of Article 6 (commencing with Section 1240.510) of Chapter 3. If the court determines that …
Code Civ. Proc. § 1260.030 Section 1260.030
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(a) If there is a dispute between plaintiff and defendant whether particular property is an improvement pertaining to the realty, either party may, not later than 30 days prior to the date specified in an order for possession of the property, move the court for a determination wh…
Code Civ. Proc. § 1260.040 Section 1260.040
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(a) If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue. The motion shall be made not later than 60 days before commencement of trial …

Code Civ. Proc. § 488.010 Section 488.010

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The writ of attachment shall include the following information: (a) The date of issuance of the writ. (b) The title of the court that issued the writ and the cause and number of the action. (c) The name and address of the plaintiff and the name and last known address of the defen…

Code Civ. Proc. § 488.020 Section 488.020

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(a) A writ of attachment shall be directed to a levying officer in the county in which property of the defendant described in the writ may be located and to any registered process server. (b) Upon the receipt of written instructions from the plaintiff’s attorney of record or, if …

Code Civ. Proc. § 488.030 Section 488.030

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(a) The plaintiff shall give the levying officer instructions in writing. The instructions shall be signed by the plaintiff’s attorney of record or, if the plaintiff does not have an attorney of record, by the plaintiff. The instructions shall contain the information needed or re…

Code Civ. Proc. § 488.040 Section 488.040

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(a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the plaintiff shall include in the instructions to the levying officer the correct name and address of the person. The plaintiff shall use reasona…

Code Civ. Proc. § 488.050 Section 488.050

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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 plaintiff shall deposit a sum of money with the levying officer sufficient to pay the costs of performing the duty. (2) As a prerequisite to th…

Code Civ. Proc. § 488.060 Section 488.060

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The notice of attachment shall inform the person notified of all of the following: (a) The capacity in which the person is notified. (b) The specific property which is sought to be attached. (c) The person’s rights under the attachment, including the right to make a third-party c…

Code Civ. Proc. § 488.065 Section 488.065

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A copy of the original notice of attachment which has been served upon a third party holding the property sought to be attached, if served upon the defendant or any other party, shall suffice as the notice of attachment to that person. (Added by Stats. 1984, Ch. 759, Sec. 1.)

Code Civ. Proc. § 488.070 Section 488.070

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If a writ of attachment has been issued and personal property sought to be attached under the writ is located in a private place of the defendant: (a) The levying officer shall comply with the provisions of Section 699.030. (b) The plaintiff may obtain the relief provided under S…

Code Civ. Proc. § 488.080 Section 488.080

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(a) A registered process server may levy under a writ of attachment on the following types of property: (1) Real property, pursuant to Section 488.315. (2) Growing crops, timber to be cut, or minerals or the like, including oil and gas, to be extracted or accounts receivable resu…

Code Civ. Proc. § 488.090 Section 488.090

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Except as otherwise provided by statute, where the method of levy upon property requires that property be taken into custody or where the levying officer is otherwise directed to take property into custody, the levying officer may do so by any of the following methods: (a) Removi…

Code Civ. Proc. § 488.100 Section 488.100

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The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer’s costs for which an advance has not been made. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

Code Civ. Proc. § 488.110 Section 488.110

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A third person shall claim an interest in property attached in the manner provided for third-party claims under Division 4 (commencing with Section 720.010) of Title 9. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

Code Civ. Proc. § 488.120 Section 488.120

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In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of attachment and a notice of attachment are required by statute to be posted or to be served on or mailed to the defendant or other person, failure to post, serve, or mail the copy of the…

Code Civ. Proc. § 488.130 Section 488.130

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(a) The levying officer to whom the writ of attachment is delivered shall return the writ to the court from which the writ issued, together with a report of the levying officer’s actions. The return shall be made promptly in accordance with the plaintiff’s instructions given to t…

Code Civ. Proc. § 488.140 Section 488.140

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(a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken in conformance with the provisions of this title in reliance on information contained in the written instructions of the …

Code Civ. Proc. § 688.010 Section 688.010

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A proceeding for the purpose of the remedies provided under this article is a limited civil case if (a) the amount of liability sought to be collected does not exceed the maximum amount in controversy for a limited civil case provided in Section 85, and (b) the legality of the li…

Code Civ. Proc. § 688.020 Section 688.020

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(a) Except as otherwise provided by statute, if a warrant may properly be issued by the state, or by a department or agency of the state, pursuant to any provision of the Public Resources Code, Revenue and Taxation Code, or Unemployment Insurance Code, and the warrant may be levi…

Code Civ. Proc. § 688.030 Section 688.030

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(a) If pursuant to any provision of the Public Resources Code, Revenue and Taxation Code (excluding Sections 3201 to 3204, inclusive), or Unemployment Insurance Code, property is levied upon pursuant to a warrant or notice of levy issued by the state or by a department or agency …

Code Civ. Proc. § 688.040 Section 688.040

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For the purpose of this article, as used in this title: (a) “Judgment creditor” or “creditor” means the state or the department or agency of the state seeking to collect the liability. (b) “Judgment debtor” or “debtor” means the debtor from whom the liability is sought to be coll…

Code Civ. Proc. § 688.050 Section 688.050

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For the purpose of applying Section 694.080, 703.050, or 703.100, the date of creation of a tax lien is the earliest of the following times: (a) The time when a notice of state tax lien is recorded or filed pursuant to Chapter 14 (commencing with Section 7150) of Division 7 of Ti…

Code Civ. Proc. § 874.010 Section 874.010

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The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The fee and expenses of the referee. (c) The compensation provided by contract for services of a surveyor or other person employed by the referee in the action. …

Code Civ. Proc. § 874.020 Section 874.020

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The costs of partition include reasonable expenses, including attorney’s fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions or other proceedings for the protection, confirmation, or perfection of title, setting the boundaries, o…

Code Civ. Proc. § 874.030 Section 874.030

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Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 874.040 Section 874.040

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Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 874.050 Section 874.050

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(a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest. (b) Where the court orders payment pursuant to this section, such payment is s…

Code Civ. Proc. § 1260.110 Section 1260.110

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(a) Where objections to the right to take are raised, unless the court orders otherwise, they shall be heard and determined prior to the determination of the issue of compensation. (b) The court may, on motion of any party, after notice and hearing, specially set such objections …

Code Civ. Proc. § 1260.120 Section 1260.120

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(a) The court shall hear and determine all objections to the right to take. (b) If the court determines that the plaintiff has the right to acquire by eminent domain the property described in the complaint, the court shall so order. (c) If the court determines that the plaintiff …

Code Civ. Proc. § 488.300 Section 488.300

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If the method of levy under a writ of execution is incorporated by this article, for the purposes of this article references in Article 4 (commencing with Section 700.010) of Chapter 3 of Division 2 of Title 9 to: (a) “Judgment creditor” shall be deemed references to the plaintif…

Code Civ. Proc. § 488.305 Section 488.305

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At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and a notice of attachment on the defendant. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

Code Civ. Proc. § 488.315 Section 488.315

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To attach real property, the levying officer shall comply with Section 700.015 and the recorder shall index the copy of the writ of attachment and a notice of attachment as provided in that section. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of C…

Code Civ. Proc. § 488.325 Section 488.325

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To attach (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted or accounts receivable resulting from the sale thereof at the wellhead or minehead, the levying officer shall comply with Section 700.020 and the recorder shall …

Code Civ. Proc. § 488.335 Section 488.335

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Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of the defendant, the levying officer shall take the property into custody. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 198…

Code Civ. Proc. § 488.345 Section 488.345

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Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of a third person, the levying officer shall comply with Section 700.040. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983,…

Code Civ. Proc. § 488.355 Section 488.355

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(a) To attach personal property in the custody of a levying officer, the plaintiff or levying officer shall comply with subdivision (a) of Section 700.050. (b) The levying officer having custody of the property shall comply with the writs in the order they are received and is not…

Code Civ. Proc. § 488.365 Section 488.365

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To attach goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has issued a negotiable document of title therefor, the levying officer shall comply with Section 700.060. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July…

Code Civ. Proc. § 488.375 Section 488.375

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(a) Except as provided by Section 488.385, to attach equipment of a going business in the possession or under the control of the defendant, the levying officer shall file with the office of the Secretary of State a notice of attachment, in the form prescribed by the Secretary of …

Code Civ. Proc. § 488.385 Section 488.385

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(a) To attach a vehicle or vessel for which a certificate of ownership has been issued by the Department of Motor Vehicles, or a mobilehome or commercial coach for which a certificate of title has been issued by the Department of Housing and Community Development, which is equipm…

Code Civ. Proc. § 488.395 Section 488.395

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Except as specified in subdivision (e) and as provided by Sections 488.325 and 488.405: (a) To attach farm products or inventory of a going business in the possession or under the control of the defendant, the levying officer shall place a keeper in charge of the property for the…

Code Civ. Proc. § 488.405 Section 488.405

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(a) This section provides an alternative method of attaching farm products or inventory of a going business in the possession or under the control of the defendant, but this section does not apply to property described in Section 488.325. This section applies if the plaintiff ins…

Code Civ. Proc. § 488.415 Section 488.415

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To attach personal property used as a dwelling, the levying officer shall comply with Section 700.080. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

Code Civ. Proc. § 488.425 Section 488.425

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If a vehicle or vessel is attached and a certificate of ownership has been issued by the Department of Motor Vehicles for the vehicle or vessel and the certificate of ownership is still in effect, or if a mobilehome or commercial coach is attached and a certificate of title has b…

Code Civ. Proc. § 488.435 Section 488.435

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(a) To attach chattel paper, the levying officer shall comply with Section 700.100. (b) In addition to any other rights created by a levy on chattel paper, the levy creates a lien on the defendant’s rights in specific goods subject to the chattel paper. (Added by Stats. 1982, Ch.…

Code Civ. Proc. § 488.440 Section 488.440

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To attach an instrument, the levying officer shall comply with Section 700.110. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

Code Civ. Proc. § 488.445 Section 488.445

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To attach a negotiable document of title, the levying officer shall comply with Section 700.120. (Added by Stats. 1982, Ch. 1198, Sec. 50. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)

Code Civ. Proc. § 488.450 Section 488.450

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To attach a security, the levying officer shall comply with Section 8112 of the Commercial Code. The legal process referred to in Section 8112 of the Commercial Code means the legal process required by the state in which the chief executive office of the issuer of the security is…

Code Civ. Proc. § 488.455 Section 488.455

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(a) Subject to Sections 488.465 and 684.115, to attach a deposit account, the levying officer shall personally serve a copy of the writ of attachment and a notice of attachment on the financial institution with which the deposit account is maintained. (b) The attachment lien that…