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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

3,411 sections·Filtered byTitle CCP✕

Code Civ. Proc. § 1953.13 Section 1953.13
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The order of court made upon such hearing shall refer to the memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation or combination thereof which is the subject of said petition and such court order shall be deemed in lieu of the…
Code Civ. Proc. § 1102 Section 1102
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The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person. (Amended by Stats. 1955, Ch. 971.)
Code Civ. Proc. § 1103 Section 1103
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(a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficial…
Code Civ. Proc. § 1104 Section 1104
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The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show…

Code Civ. Proc. § 1105 Section 1105

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The provisions of the preceding Chapter, except of the first four sections thereof, apply to this proceeding. (Enacted 1872.)

Code Civ. Proc. § 1204 Section 1204

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When any assignment, whether voluntary or involuntary, and whether formal or informal, is made for the benefit of creditors of the assignor, or results from any proceeding in insolvency or receivership commenced against him or her, or when any property is turned over to the credi…

Code Civ. Proc. § 1204.5 Section 1204.5

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In any general assignment for the benefit of creditors, the following claims shall have priority, subordinate to the priorities for labor claims under Section 1204, but prior to all other unsecured claims: allowed unsecured claims of individuals, to the extent of nine hundred dol…

Code Civ. Proc. § 1205 Section 1205

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Upon the sale or transfer of any business or the stock in trade, in bulk, or a substantial part thereof, not in the ordinary and regular course of business or trade, unpaid wages of employees of the seller or transferor earned within ninety (90) days prior to the sale, transfer, …

Code Civ. Proc. § 1206 Section 1206

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(a) Upon the levy under a writ of attachment or execution not founded upon a claim for labor, any miner, mechanic, salesman, servant, clerk, laborer or other person who has performed work or rendered personal services for the defendant within 90 days prior to the levy may file a …

Code Civ. Proc. § 1207 Section 1207

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Within five days after receiving a copy of the statement provided for in the next preceding section, either the plaintiff or the defendant in the action in which the writ issued may file with the officer a sworn statement denying that any part of such claim is due for services re…

Code Civ. Proc. § 1208 Section 1208

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If the claims presented under Section 1206 and not disputed, or, if disputed, established by judgment, exceed the proceeds of the writ not disposed of before their presentation, such proceeds shall be distributed among the claimants in proportion to the amount of their respective…

Code Civ. Proc. § 1282 Section 1282

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Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the arbitration agreement as made or as modified by all of the parties thereto: (a) The arbitration shall be by a single neutra…

Code Civ. Proc. § 1282.2 Section 1282.2

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Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the arbitration agreement as made or as modified by all the parties thereto: (a) (1) The neutral arbitrator shall appoint a tim…

Code Civ. Proc. § 1282.4 Section 1282.4

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(a) A party to the arbitration has the right to be represented by an attorney at any proceeding or hearing in arbitration under this title. A waiver of this right may be revoked; but if a party revokes that waiver, the other party is entitled to a reasonable continuance for the p…

Code Civ. Proc. § 1282.5 Section 1282.5

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(a) (1) A party to an arbitration has the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing. The transcript shall be the official record of the deposition, proceeding, or hearing. (2) A party requesting a certified shorthand reporter s…

Code Civ. Proc. § 1282.6 Section 1282.6

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(a) A subpoena requiring the attendance of witnesses, and a subpoena duces tecum for the production of books, records, documents, and other evidence, at an arbitration proceeding or a deposition under Sections 1283 and 1283.05 for the purposes of discovery, shall be issued as pro…

Code Civ. Proc. § 1282.8 Section 1282.8

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The neutral arbitrator may administer oaths. (Added by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1283 Section 1283

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On application of a party to the arbitration, the neutral arbitrator may order the deposition of a witness to be taken for use as evidence and not for discovery if the witness cannot be compelled to attend the hearing or if exceptional circumstances exist as to make it desirable,…

Code Civ. Proc. § 1283.05 Section 1283.05

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Depositions may be taken and discovery obtained in arbitration proceedings as follows: (a) After the appointment of the arbitrator or arbitrators, the parties to the arbitration shall have the right to take depositions and to obtain discovery regarding the subject matter of the a…

Code Civ. Proc. § 1283.2 Section 1283.2

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Except for the parties to the arbitration and their agents, officers and employees, all witnesses appearing pursuant to subpoena are entitled to receive fees and mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in the…

Code Civ. Proc. § 1283.4 Section 1283.4

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The award shall be in writing and signed by the arbitrators concurring therein. It shall include a determination of all the questions submitted to the arbitrators the decision of which is necessary in order to determine the controversy. (Added by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1283.6 Section 1283.6

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The neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement. (Added by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1283.8 Section 1283.8

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The award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on petition of a party to the arbitration. The parties to the arbitration may extend the time either before or after the expiration thereof. A party t…

Code Civ. Proc. § 1284 Section 1284

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The arbitrators, upon written application of a party to the arbitration, may correct the award upon any of the grounds set forth in subdivisions (a) and (c) of Section 1286.6 not later than 30 days after service of a signed copy of the award on the applicant. Application for such…

Code Civ. Proc. § 1284.2 Section 1284.2

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Unless the arbitration agreement otherwise provides or the parties to the arbitration otherwise agree, each party to the arbitration shall pay his pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration incurred or approv…

Code Civ. Proc. § 1284.3 Section 1284.3

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(a) No neutral arbitrator or private arbitration company shall administer a consumer arbitration under any agreement or rule requiring that a consumer who is a party to the arbitration pay the fees and costs incurred by an opposing party if the consumer does not prevail in the ar…

Code Civ. Proc. § 170 Section 170

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A judge has a duty to decide any proceeding in which he or she is not disqualified. (Repealed and added by Stats. 1984, Ch. 1555, Sec. 2.)

Code Civ. Proc. § 170.1 Section 170.1

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(a) A judge shall be disqualified if any one or more of the following are true: (1) (A) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding. (B) A judge shall be deemed to have personal knowledge within the meaning of this paragraph if the jud…

Code Civ. Proc. § 170.2 Section 170.2

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It shall not be grounds for disqualification that the judge: (a) Is or is not a member of a racial, ethnic, religious, sexual or similar group and the proceeding involves the rights of such a group. (b) Has in any capacity expressed a view on a legal or factual issue presented in…

Code Civ. Proc. § 170.3 Section 170.3

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(a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless his or her disqualification is waive…

Code Civ. Proc. § 170.4 Section 170.4

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(a) A disqualified judge, notwithstanding his or her disqualification may do any of the following: (1) Take any action or issue any order necessary to maintain the jurisdiction of the court pending the assignment of a judge not disqualified. (2) Request any other judge agreed upo…

Code Civ. Proc. § 170.5 Section 170.5

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For the purposes of Sections 170 to 170.5, inclusive, the following definitions apply: (a) “Judge” means judges of the superior courts, and court commissioners and referees. (b) “Financial interest” means ownership of more than a 1 percent legal or equitable interest in a party, …

Code Civ. Proc. § 170.6 Section 170.6

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(a) (1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established…

Code Civ. Proc. § 170.7 Section 170.7

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Section 170.6 does not apply to a judge designated or assigned to serve on the appellate division of a superior court in the judge’s capacity as a judge of that division. (Amended by Stats. 1998, Ch. 931, Sec. 48. Effective September 28, 1998.)

Code Civ. Proc. § 170.8 Section 170.8

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When there is no judge of a court qualified to hear an action or proceeding, the clerk shall forthwith notify the Chairman of the Judicial Council of that fact. The judge assigned by the Chairman of the Judicial Council shall hear the action or proceeding at the time fixed theref…

Code Civ. Proc. § 170.9 Section 170.9

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(a) A judge shall not accept gifts from a single source in a calendar year with a total value of more than two hundred fifty dollars ($250). This section shall not be construed to authorize the receipt of gifts that would otherwise be prohibited by the Code of Judicial Ethics ado…

Code Civ. Proc. § 1730 Section 1730

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This chapter shall be known and may be cited as the Tribal Court Civil Money Judgment Act. (Amended by Stats. 2017, Ch. 168, Sec. 10. (AB 905) Effective January 1, 2018.)

Code Civ. Proc. § 1731 Section 1731

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(a) This chapter governs the procedures by which the superior courts of the State of California recognize and enter tribal court money judgments of any federally recognized Indian tribe. Determinations regarding recognition and entry of a tribal court money judgment pursuant to s…

Code Civ. Proc. § 1732 Section 1732

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For purposes of this chapter: (a) “Applicant” means the person or persons who can bring an action to enforce a tribal court money judgment. (b) “Civil action or proceeding” means any action or proceeding that is not criminal, except for those actions or proceedings expressly excl…

Code Civ. Proc. § 1733 Section 1733

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(a) An application for entry of a judgment under this chapter shall be filed in a superior court. (b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1…

Code Civ. Proc. § 1733.1 Section 1733.1

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(a) (1) If the parties to the underlying tribal court proceeding agree, the parties may file a joint application for the recognition of a tribal court order that establishes a right to child support, spousal support payments, or marital property rights to such spouse, former spou…

Code Civ. Proc. § 1734 Section 1734

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(a) An applicant may apply for recognition and entry of a judgment based on a tribal court money judgment by filing an application in superior court pursuant to Section 1733. (b) The application shall be executed under penalty of perjury and include all of the following informati…

Code Civ. Proc. § 1735 Section 1735

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(a) Promptly upon the filing of an application pursuant to Section 1734, the applicant shall serve upon the respondent a notice of filing of the application to recognize and enter the tribal court money judgment, together with a copy of the application and any documents filed wit…

Code Civ. Proc. § 1736 Section 1736

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(a) If no objections are timely filed in accordance with Section 1737, the clerk shall certify that no objections were timely filed, and a judgment shall be entered. (b) The judgment entered by the superior court shall be based on and contain the provisions and terms of the triba…

Code Civ. Proc. § 1737 Section 1737

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(a) Any objection to the recognition and entry of the tribal court money judgment sought under Section 1734 shall be served and filed within 30 days of service of the notice of filing. If any objection is filed within this time period, the superior court shall set a time period f…

Code Civ. Proc. § 1738 Section 1738

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The superior court shall grant a stay of enforcement if the respondent establishes one of the following to the superior court: (a) An appeal from the tribal court money judgment is pending or may be taken in the tribal court, in which case the superior court shall stay state exec…

Code Civ. Proc. § 1739 Section 1739

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An action to recognize a tribal court money judgment or any renewal thereof shall be commenced within the earlier of the following periods: (a) The time during which the tribal court money judgment is effective within the territorial jurisdiction of the tribal court. (b) Ten year…

Code Civ. Proc. § 1740 Section 1740

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(a) The superior court may, after notice to all parties, attempt to resolve any issues raised regarding a tribal court money judgment by contacting the tribal court judge who issued the judgment. (b) The superior court shall allow the parties to participate in, and shall prepare …

Code Civ. Proc. § 1741 Section 1741

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(a) The Uniform Foreign-Country Money Judgments Recognition Act (Chapter 2 (commencing with Section 1713)) applies to all actions commenced in superior court before January 1, 2015, in which the issue of recognition of a tribal court money judgment is raised. (b) This chapter app…

Code Civ. Proc. § 2093 Section 2093

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(a) A court, judge or clerk of a court, justice, notary public, and officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, has the power to administer oaths and affirmations. (b) (1) A shorthand reporter certified pursuant to Articl…