Title CCP — California Code Civ. Proc.

(a) As used in this section: (1) “Cash proceeds” means money, checks, deposit accounts, and the like. (2) “Proceeds” means identifiable cash proceeds received upon the sale, exchange, collection, or other disposition of property subject to a judgment lien on personal property. (b…

(a) The judgment creditor, judgment debtor, owner of property subject to a judgment lien on personal property created under the judgment, or a person having a security interest in or a lien on the property subject to the judgment lien, may file in the office of the Secretary of S…

(a) The judgment creditor may by a writing do any of the following: (1) Release the judgment lien on all the personal property subject to the lien of a sole judgment debtor or of all the judgment debtors. (2) If the notice of judgment lien names more than one judgment debtor, rel…

(a)If a notice of judgment lien on personal property filed in the office of the Secretary of State appears to create a judgment lien on personal property of a person who is not the judgment debtor because the name of the property owner is the same as or similar to that of the jud…

(a) The Secretary of State may prescribe, provided that a cost-savings would be achieved thereby: (1) The forms for the notice of judgment lien on personal property and the statement of continuation, release, or subordination provided for in this article. (2) The form for the sta…

(a) A judgment creditor may apply to the court for an order reinstating a released lien on personal property and its priority at the time of cancellation. Subject to subdivisions (b) and (c), the court shall order the reinstatement of a lien with the same priority that it held at…

A levy on property under a writ of execution creates an execution lien on the property from the time of levy until the expiration of two years after the date of issuance of the writ unless the judgment is sooner satisfied.

Subject to Section 701.630, if an interest in real property subject to an execution lien is transferred or encumbered, the interest transferred or encumbered remains subject to the lien after the transfer or encumbrance.

(a) Subject to Section 701.630 and except as provided in subdivision (b), if tangible personal property subject to an execution lien is in the custody of a levying officer and is transferred or encumbered, the property remains subject to the lien after the transfer or encumbrance…

Except as provided in Sections 9617 and 9622 of the Commercial Code and in Section 701.630, if personal property subject to an execution lien is not in the custody of a levying officer and the property is transferred or encumbered, the property remains subject to the lien after t…

Notwithstanding Section 697.740, except as provided in Section 9617 of the Commercial Code and in Section 701.630, if (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil or gas) to be extracted or accounts receivable resulting from the sale thereof…

This article applies to liens created by any of the following: (a) An examination proceeding as provided in Section 708.110, 708.120, or 708.205. (b) A creditor’s suit as provided in Section 708.250. (c) A charging order as provided in Section 708.320.

Except as provided in Section 9617 of the Commercial Code and in Section 701.630, a lien described in Section 697.910 continues on property subject to the lien, notwithstanding the transfer or encumbrance of the property subject to the lien, unless the transfer or encumbrance is …

(a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by seve…

If it is necessary to have a title report: (a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate this has been done and designate a place where it will be kept for inspection, use, and copying by the parties. (b) The cou…

The complaint shall set forth: (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 shall include both its legal description …

Real and personal property may be partitioned in one action.

(a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located. (b) If, thereafter, partition of other real property …

(a) The form, content, and manner of service of summons shall be as in civil actions generally. (b) Service on persons named as parties pursuant to Sections 872.530(b) and 872.550, and on other persons named as unknown defendants, shall be by publication pursuant to Section 415.5…

Where the court orders service by publication, such order shall be subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint on the real property that is the subject of the actio…

(a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property in which the defendants to be served thereby have or claim interests. (b) Judgment based on failure to appear and answer follo…

The answer shall set forth: (a) Any interest the defendant has or claims in the property. (b) Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true. (c) Where the defendant seeks sale of the property, an alle…

Where the defendant has or claims a lien on the property, the answer shall set forth the date and character of the lien and the amount remaining due thereon.

The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.

The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought.

(a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550. (b) If the ownership or the share or quantity of the inte…

(a) If a person described in Section 872.510 is dead and the plaintiff knows of a personal representative, the plaintiff shall join such personal representative as a defendant. (b) If a person described in Section 872.510 is dead, or is believed by the plaintiff to be dead, and t…

Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff need not join as defendants persons whose only interest in the property is that of a lessee, royalty-owner, lessor-owner of other …

Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the property,” naming them in that manner.

This chapter shall be known and may be cited as the Bond and Undertaking Law.

(a) The provisions of this chapter apply to a bond or undertaking executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state, except to the extent the statute prescribes a different rule or is inconsistent. (b) The provisions of this …

If service of a notice, paper, or other document is required under this chapter, service shall be made in the same manner as service of process in civil actions generally.

An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c.

The times provided in this chapter, or in any other statute relating to a bond given in an action or proceeding, may be extended pursuant to Sections 1054 and 1054.1.

Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.

(a) “Admitted surety insurer” means a corporate insurer or a reciprocal or interinsurance exchange to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state, as defined in Section 105 of the Insurance Code. (b) For the pu…

(a) “Beneficiary” means the person for whose benefit a bond is given, whether executed to, in favor of, in the name of, or payable to the person as an obligee. (b) If a bond is given for the benefit of the State of California or the people of the state, “beneficiary” means the co…

(a) “Bond” includes both of the following: (1) A surety, indemnity, fiduciary, or like bond executed by both the principal and sureties. (2) A surety, indemnity, fiduciary, or like undertaking executed by the sureties alone. (b) A bond provided for or given “in an action or proce…

“Court” means, if a bond is given in an action or proceeding, the court in which the action or proceeding is pending.

“Officer” means the sheriff, marshal, clerk of court, judge or magistrate (if there is no clerk), board, commission, department, or other public official or entity to whom the bond is given or with whom a copy of the bond is filed or who is required to determine the sufficiency o…

(a) “Principal” means the person who gives a bond. (b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “obligor,” “principal,” and comparable terms used in the statute mean “principal” as defined in this section.

“Statute” includes administrative regulation promulgated pursuant to statute.

(a) “Surety” has the meaning provided in Section 2787 of the Civil Code and includes personal surety and admitted surety insurer. (b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “bail,” “guarantor,” “bondsman,” “…

“Undertaking” means a surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.

Unless the provision or context otherwise requires: (a) If a statute provides for a bond, an undertaking that otherwise satisfies the requirements for the bond may be given in its place with the same effect as if a bond were given, and references in the statute to the bond shall …

Notwithstanding any other statute, if a statute provides for a bond in an action or proceeding, including but not limited to a bond for issuance of a restraining order or injunction, appointment of a receiver, or stay of enforcement of a judgment on appeal, the following public e…

The beneficiary of a bond given in an action or proceeding may in writing consent to the bond in an amount less than the amount required by statute or may waive the bond.

The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond because the principal is indigent and is unable to…

If a statute allows costs to a party in an action or proceeding, the costs shall include all of the following: (a) The premium on a bond reasonably paid by the party pursuant to a statute that provides for the bond in the action or proceeding. (b) The premium on a bond reasonably…

If a bond is recorded pursuant to statute, a certified copy of the record of the bond with all affidavits, acknowledgments, endorsements, and attachments may be admitted in evidence in an action or proceeding with the same effect as the original, without further proof.