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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. § 1161a Section 1161a
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(a) As used in this section: (1) “Manufactured home” has the same meaning as provided in Section 18007 of the Health and Safety Code. (2) “Mobilehome” has the same meaning as provided in Section 18008 of the Health and Safety Code. (3) “Floating home” has the same meaning as prov…
Code Civ. Proc. § 1161b Section 1161b
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(a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days’ written notice to quit pursuant to Section 1162 before the tena…
Code Civ. Proc. § 1162 Section 1162
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(a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1) By delivering a copy to the tenant personally. (2) If he or she is absent from his or her place of residence, and from his or her usual pl…
Code Civ. Proc. § 1162a Section 1162a
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Showing 1,651–1,700 of 3,411

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In any case in which service or exhibition of a receiver’s or levying officer’s deed is required, in lieu thereof service of a copy or copies of the deed may be made as provided in Section 1162. (Amended by Stats. 1982, Ch. 497, Sec. 75. Operative July 1, 1983, by Sec. 185 of Ch.…

Code Civ. Proc. § 1164 Section 1164

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No person other than the tenant of the premises and subtenant, if there be one, in the actual occupation of the premises when the complaint is filed, need be made parties defendant in the proceeding, nor shall any proceeding abate, nor the plaintiff be nonsuited for the nonjoinde…

Code Civ. Proc. § 1165 Section 1165

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Except as provided in the preceding section, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this proceeding. (Enacted 1872.)

Code Civ. Proc. § 1166 Section 1166

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(a) The complaint shall: (1) Be verified and include the typed or printed name of the person verifying the complaint. (2) Set forth the facts on which the plaintiff seeks to recover. (3) Describe the premises with reasonable certainty. (4) If the action is based on paragraph (2) …

Code Civ. Proc. § 1166a Section 1166a

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(a) Upon filing the complaint, the plaintiff may, upon motion, have immediate possession of the premises by a writ of possession of a manufactured home, mobilehome, or real property issued by the court and directed to the sheriff of the county or marshal, for execution, where it …

Code Civ. Proc. § 1167 Section 1167

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(a) The summons shall be in the form specified in Section 412.20 except that when the defendant is served, the defendant’s response shall be filed within 10 days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon the defendant. (b) If…

Code Civ. Proc. § 1167.1 Section 1167.1

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If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice. (Added by Stats. 2016, Ch. 336, Sec. 4. (AB 2819) Effective January 1, 2017.)

Code Civ. Proc. § 1167.3 Section 1167.3

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In any action under this chapter, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to answer the complaint, answer the complaint, if amended, or amend the answer under paragraph (2), (3), (5), (6), or (7) of subdivision (a) of Section 586…

Code Civ. Proc. § 1167.4 Section 1167.4

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Notwithstanding any other provision of law, in any action under this chapter: (a) Where the defendant files a notice of motion as provided for in subdivision (a) of Section 418.10, the time for making the motion shall be not less than three days nor more than seven days after the…

Code Civ. Proc. § 1167.5 Section 1167.5

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Unless otherwise ordered by the court for good cause shown, no extension of time allowed in any action under this chapter for the causes specified in Section 1054 shall exceed 10 days without the consent of the adverse party. (Added by Stats. 1971, Ch. 849.)

Code Civ. Proc. § 1169 Section 1169

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If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and proof of the service of summons and complaint, shall enter the default of any defendant so served, and, if requested by the plaintif…

Code Civ. Proc. § 1170 Section 1170

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(a) On or before the day fixed for their appearance, the defendant may appear and answer, demur, or move to strike any portion of the complaint. (b) (1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint …

Code Civ. Proc. § 1170.5 Section 1170.5

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(a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made. Judgment shall be entered thereon and, if the plaintiff prevails, a writ of execution…

Code Civ. Proc. § 1170.7 Section 1170.7

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A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c. (Added by Stats. 1982, Ch. 1620, Sec. 3.)

Code Civ. Proc. § 1170.8 Section 1170.8

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In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice. (Added by Stats. 2007, Ch. 113, Sec. 1. Effective January 1, 2008.)

Code Civ. Proc. § 1170.9 Section 1170.9

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The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any, relating to a motion under Section 1167.4, 1170.7, or 1170.8. (Added by Stats. 2007, Ch. 113, Sec. 2. Effective January 1, 2008.…

Code Civ. Proc. § 1171 Section 1171

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Whenever an issue of fact is presented by the pleadings, it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in an action of the same jurisdictional classification in the Court in which the ac…

Code Civ. Proc. § 1172 Section 1172

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On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was…

Code Civ. Proc. § 1173 Section 1173

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When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the Judge must order that such complaint …

Code Civ. Proc. § 1174 Section 1174

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(a) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the findings of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the possession of the premises; and if the proceedings be for an unlawful detai…

Code Civ. Proc. § 1174.2 Section 1174.2

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(a) In an unlawful detainer proceeding involving residential premises after default in payment of rent and in which the tenant has raised as an affirmative defense a breach of the landlord’s obligations under Section 1941 of the Civil Code or of any warranty of habitability, the …

Code Civ. Proc. § 1174.21 Section 1174.21

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A landlord who institutes an unlawful detainer proceeding based upon a tenant’s nonpayment of rent, and who is liable for a violation of Section 1942.4 of the Civil Code, shall be liable to the tenant or lessee for reasonable attorneys’ fees and costs of the suit, in an amount to…

Code Civ. Proc. § 1174.25 Section 1174.25

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(a) (1) Except as provided in paragraph (2), an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may file a claim as prescribed in Section 415.46, with the court within 10 days of the date of service of the prejudgment claim…

Code Civ. Proc. § 1174.27 Section 1174.27

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(a) This section shall apply to an unlawful detainer proceeding in which all of the following are true: (1) The proceeding involves a residential premises. (2) The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenant’s immediate fam…

Code Civ. Proc. § 1174.3 Section 1174.3

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(a) (1) Except as provided in paragraph (2), unless a prejudgment claim of right to possession has been served upon occupants in accordance with Section 415.46, any occupant not named in the judgment for possession who occupied the premises on the date of the filing of the action…

Code Civ. Proc. § 1174.5 Section 1174.5

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A judgment in unlawful detainer declaring the forfeiture of the lease or agreement under which real property is held shall not relieve the lessee from liability pursuant to Section 1951.2 of the Civil Code. (Added by Stats. 1982, Ch. 488, Sec. 1.)

Code Civ. Proc. § 1176 Section 1176

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(a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered. Stay of judgment shall be granted when the court finds that the movi…

Code Civ. Proc. § 1177 Section 1177

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Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter. (Enacted 1872.)

Code Civ. Proc. § 1178 Section 1178

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The provisions of Part 2 of this code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter or with rules adopted by the Judicial Council, apply to the proceedings mentioned in this chapter. (Amended by Stats. 1945, Ch. 4…

Code Civ. Proc. § 1179 Section 1179

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The court may relieve a tenant against a forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy has terminated, and restore him or her to his or her former estate or tenancy, in case of hardship, as provided in Section 1174. The court h…

Code Civ. Proc. § 1179a Section 1179a

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In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which spec…

Code Civ. Proc. § 1208.5 Section 1208.5

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A person having a lien upon an animal or animals under the provisions of Section 597a or 597.1 of the Penal Code may satisfy the lien in any of the following ways: (a) If the lien is not discharged and satisfied, by the person responsible, within three days after the obligation b…

Code Civ. Proc. § 177 Section 177

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A judicial officer shall have power: (a) To preserve and enforce order in the officer’s immediate presence, and in proceedings before the officer, when the officer is engaged in the performance of official duty. (b) To compel obedience to the officer’s lawful orders as provided i…

Code Civ. Proc. § 177.5 Section 177.5

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A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500), notwithstanding any other provision of law, payable to the court, for any violation of a lawful court order by a person, done without good cause or substa…

Code Civ. Proc. § 178 Section 178

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For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt in the cases provided in this Code. (Repealed and added by Code Amendments 1880, Ch. 35.)

Code Civ. Proc. § 179 Section 179

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Each of the justices of the Supreme Court and of any court of appeal and the judges of the superior courts, shall have power in any part of the state to take and certify: (a) The proof and acknowledgment of a conveyance of real property, or of any other written instrument. (b) Th…

Code Civ. Proc. § 2018.010 Section 2018.010

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For purposes of this chapter, “client” means a “client” as defined in Section 951 of the Evidence Code. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)

Code Civ. Proc. § 2018.020 Section 2018.020

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It is the policy of the state to do both of the following: (a) Preserve the rights of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the unfavorable aspec…

Code Civ. Proc. § 2018.030 Section 2018.030

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(a) A writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances. (b) The work product of an attorney, other than a writing described in subdivision (a), is not discoverable unless the court de…

Code Civ. Proc. § 2018.040 Section 2018.040

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This chapter is intended to be a restatement of existing law relating to protection of work product. It is not intended to expand or reduce the extent to which work product is discoverable under existing law in any action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective Januar…

Code Civ. Proc. § 2018.050 Section 2018.050

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Notwithstanding Section 2018.040, when a lawyer is suspected of knowingly participating in a crime or fraud, there is no protection of work product under this chapter in any official investigation by a law enforcement agency or proceeding or action brought by a public prosecutor …

Code Civ. Proc. § 2018.060 Section 2018.060

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Nothing in this chapter is intended to limit an attorney’s ability to request an in camera hearing as provided for in People v. Superior Court (Laff) (2001) 25 Cal.4th 703. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of C…

Code Civ. Proc. § 2018.070 Section 2018.070

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(a) The State Bar may discover the work product of an attorney against whom disciplinary charges are pending when it is relevant to issues of breach of duty by the lawyer and requisite client approval has been granted. (b) Where requested and for good cause, discovery under this …

Code Civ. Proc. § 2018.080 Section 2018.080

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In an action between an attorney and a client or a former client of the attorney, no work product privilege under this chapter exists if the work product is relevant to an issue of breach by the attorney of a duty to the client arising out of the attorney-client relationship. (Ad…

Code Civ. Proc. § 350 Section 350

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An action is commenced, within the meaning of this Title, when the complaint is filed. (Enacted 1872.)

Code Civ. Proc. § 351 Section 351

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If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of t…

Code Civ. Proc. § 352 Section 352

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(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limit…