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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. § 684.140 Section 684.140
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If a provision of this title provides for service by the levying officer of an order, notice, or other paper that runs in favor of a particular person, personal service of the paper may be made by the person or the person’s agent if the levying officer gives permission. The levyi…
Code Civ. Proc. § 703.510 Section 703.510
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(a) Except as otherwise provided by statute, property that has been levied upon may be claimed to be exempt as provided in this article. (b) If property in a deposit account that is exempt without making a claim, as described in subdivision (b) of Section 704.080 or subdivision (…
Code Civ. Proc. § 703.520 Section 703.520
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(a) The claimant may make a claim of exemption by filing with the levying officer, either in person or by mail, a claim of exemption together with a copy of the claim. If the claimant is personally served, the claim shall be made within 15 days after the date the notice of levy o…
Code Civ. Proc. § 703.530 Section 703.530
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Showing 1,451–1,500 of 3,411

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(a) If property is claimed as exempt pursuant to a provision exempting property to the extent necessary for the support of the judgment debtor and the spouse and dependents of the judgment debtor, the claim of exemption shall include a financial statement. (b) The financial state…

Code Civ. Proc. § 703.540 Section 703.540

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Promptly after the filing of the claim of exemption, the levying officer shall serve both of the following on the judgment creditor personally or by mail: (a) A copy of the claim of exemption. (b) A notice of claim of exemption stating that the claim of exemption has been made an…

Code Civ. Proc. § 703.550 Section 703.550

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(a) Within 15 days after service of the notice of claim of exemption, a judgment creditor who opposes the claim of exemption shall file with the court a notice of opposition to the claim of exemption and a notice of motion for an order determining the claim of exemption and shall…

Code Civ. Proc. § 703.560 Section 703.560

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The notice of opposition to the claim of exemption shall be executed under oath and shall include both of the following: (a) An allegation either (1) that the property is not exempt under the provision of this chapter or other statute relied upon or (2) that the equity in the pro…

Code Civ. Proc. § 703.570 Section 703.570

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(a) (1) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the court unless continued by the court for good cause. Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of…

Code Civ. Proc. § 703.580 Section 703.580

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(a) The claim of exemption and notice of opposition to the claim of exemption do not constitute an appearance pursuant to Section 1014. The power of the court over the exemption claimant is limited to determining the claim of exemption. (b) At a hearing under this section, the ex…

Code Civ. Proc. § 703.590 Section 703.590

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If the court extends the time allowed for an act to be done under this article, written notice of the extension shall be filed with the levying officer and, unless notice is waived, shall be served promptly on the opposing party. Service shall be made personally or by mail. (Adde…

Code Civ. Proc. § 703.600 Section 703.600

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An appeal lies from any order made under this article. (Amended by Stats. 1998, Ch. 931, Sec. 93. Effective September 28, 1998.)

Code Civ. Proc. § 703.610 Section 703.610

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(a) Except as otherwise provided by statute or ordered by the court, the levying officer shall not release, sell, or otherwise dispose of the property for which an exemption is claimed until an appeal is waived, the time to file an appeal has expired, or the exemption is finally …

Code Civ. Proc. § 761.010 Section 761.010

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(a) An action under this chapter is commenced by filing a complaint with the court. (b) Immediately upon commencement of the action, the plaintiff shall file a notice of the pendency of the action in the office of the county recorder of each county in which any real property desc…

Code Civ. Proc. § 761.020 Section 761.020

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The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description …

Code Civ. Proc. § 761.030 Section 761.030

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(a) The answer shall be verified and shall set forth: (1) Any claim the defendant has. (2) Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true. (3) A statement of any new matter constituting a defense. (b) …

Code Civ. Proc. § 761.040 Section 761.040

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(a) The defendant may by cross-complaint seek affirmative relief in the action. (b) If the defendant seeks a determination of title as of a date other than the date specified in the complaint, the cross-complaint shall include the date and a statement of the reasons why a determi…

Code Civ. Proc. § 873.110 Section 873.110

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Subject to the limitations of this article, the court may: (a) Authorize or approve contracts of the referee for the services and expenses of surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and others. (b) Allow and direct payment of or reject claim…

Code Civ. Proc. § 873.120 Section 873.120

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(a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110. (b) The application for approval shall be in writing and shall include the name of the attorney whom the referee wishes to employ and the necessity for the employment. (c) The …

Code Civ. Proc. § 873.130 Section 873.130

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The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making a sale or division of property. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 873.140 Section 873.140

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The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the locality, to conduct a public auction and to secure purchasers by such method for any property to be sold at public auction. (Added by Stats. 1976, …

Code Civ. Proc. § 873.150 Section 873.150

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A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate not in excess of the legal rate for amounts due under the contract that are not paid within three months after the time they become due and pa…

Code Civ. Proc. § 873.160 Section 873.160

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The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in writing. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 1245.310 Section 1245.310

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As used in this article, “legislative body” means both of the following: (a) The legislative body of each city within whose boundaries property sought to be taken by the quasi-public entity by eminent domain is located. (b) If property sought to be taken by the quasi-public entit…

Code Civ. Proc. § 1245.320 Section 1245.320

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As used in this article, “quasi-public entity” means: (a) An educational institution of collegiate grade not conducted for profit that seeks to take property by eminent domain under Section 94500 of the Education Code. (b) A nonprofit hospital that seeks to take property by emine…

Code Civ. Proc. § 1245.325 Section 1245.325

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Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code: (a) The person seeking to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article. (b…

Code Civ. Proc. § 1245.326 Section 1245.326

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Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 of the Civil Code: (a) The person seeking to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article.…

Code Civ. Proc. § 1245.330 Section 1245.330

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Notwithstanding any other provision of law, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative body has adopted a resolution consenting to the acquisition of such property by eminent domain. (Added by Stats. 1975, Ch.…

Code Civ. Proc. § 1245.340 Section 1245.340

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The resolution required by this article shall contain all of the following: (a) A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the quasi-public entity to acquire the property by eminent domain. (b) A desc…

Code Civ. Proc. § 1245.350 Section 1245.350

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(a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this article only after the legislative body has held a hearing at which persons whose property is to be acquired by eminent domain have had a …

Code Civ. Proc. § 1245.360 Section 1245.360

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The resolution required by this article shall be adopted by a vote of two-thirds of all the members of the legislative body. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1245.370 Section 1245.370

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The legislative body may require that the quasi-public entity pay all of the costs reasonably incurred by the legislative body under this article. The legislative body may require that such costs be secured by payment or deposit or other satisfactory security in advance of any ac…

Code Civ. Proc. § 1245.380 Section 1245.380

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The requirement of this article is in addition to any other requirements imposed by law. Nothing in this article relieves the quasi-public entity from satisfying the requirements of Section 1240.030 or any other requirements imposed by law. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1245.390 Section 1245.390

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The adoption of a resolution pursuant to this article does not make the city or county liable for any damages caused by the acquisition of the property or by the project for which it is acquired. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1370 Section 1370

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The Controller may sell or lease personal property at any time, and in any manner, and may execute those leases on behalf and in the name of the State of California. (Amended by Stats. 2016, Ch. 31, Sec. 13. (SB 836) Effective June 27, 2016.)

Code Civ. Proc. § 1371 Section 1371

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The Controller may sell, cash, redeem, exchange, or otherwise dispose of any securities and all other classes of personal property, and may sell, cash, redeem, exchange, compromise, adjust, settle, or otherwise dispose of any accounts, debts, contractual rights, or other choses i…

Code Civ. Proc. § 1372 Section 1372

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The Controller may sign, endorse, or otherwise authenticate, in the name and on behalf of the State, subscribing his name, as Controller, under such writing, any securities, bills of sale, documents, or other instruments required, under customary business practice, for the consum…

Code Civ. Proc. § 1373 Section 1373

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The Controller may lease or sell any real property for cash at public auction to the highest bidder. Before such sale or lease, notice thereof shall be published pursuant to Government Code Section 6063 in a newspaper published in the county in which the real property is situated…

Code Civ. Proc. § 1374 Section 1374

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The Controller may reject any and all bids made at sales or public auctions held under the provisions of this chapter. (Added by Stats. 1951, Ch. 1708.)

Code Civ. Proc. § 1375 Section 1375

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Any real property may be sold or leased by the Controller at private sale without published notice. (Amended by Stats. 2016, Ch. 31, Sec. 15. (SB 836) Effective June 27, 2016.)

Code Civ. Proc. § 1376 Section 1376

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Upon receipt of the proceeds of any sale made pursuant to this chapter, the Controller shall execute, in the name and on behalf of the State of California, a deed covering the real property, and a bill of sale covering the personal property, sold. He may execute leases for real o…

Code Civ. Proc. § 1377 Section 1377

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The Controller shall not enter into any transaction which shall create or impose upon the owners, heirs, devisees, legatees, or other claimants of the property involved, any obligation under an executory contract, the performance of which is not already an obligation of such owne…

Code Civ. Proc. § 1378 Section 1378

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No suit shall be maintained by any person against the State or any officer thereof, for or on account of any transaction entered into by the Controller pursuant to this chapter. (Added by Stats. 1951, Ch. 1708.)

Code Civ. Proc. § 1379 Section 1379

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The Controller may destroy or otherwise dispose of any personal property other than cash deposited in the State Treasury under this title, if that property is determined by him or her to be valueless or of such little value that the costs of conducting a sale would probably excee…

Code Civ. Proc. § 1380 Section 1380

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All sales, exchanges, or other transactions entered into by the Controller pursuant to this chapter are exempt from the provisions of Section 11009 of the Government Code. (Added by Stats. 1951, Ch. 1708.)

Code Civ. Proc. § 1381 Section 1381

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All sales, leases or other transactions entered into by the Controller pursuant to this chapter shall be conclusive against everyone, except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or interest by an instrument in writing tha…

Code Civ. Proc. § 1382 Section 1382

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Any provision of this article which authorizes the Controller to sell real property applies to any real property distributed or escheated to, or the title to which has vested in, the State of California by court order or decree of distribution, if such real property is held in th…

Code Civ. Proc. § 377.30 Section 377.30

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A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by …

Code Civ. Proc. § 377.31 Section 377.31

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On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest. (Added by Stats. 1…

Code Civ. Proc. § 377.32 Section 377.32

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(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state statin…

Code Civ. Proc. § 377.33 Section 377.33

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The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent’s successor in interest as a special administrator or …