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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. § 873.530 Section 873.530
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Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more beneficial to the parties. (Added by Stats. 1976, Ch. 73.)
Code Civ. Proc. § 1255.210 Section 1255.210
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Prior to entry of judgment, any defendant may apply to the court for the withdrawal of all or any portion of the amount deposited. The application shall be verified, set forth the applicant’s interest in the property, and request withdrawal of a stated amount. The applicant shall…
Code Civ. Proc. § 1255.220 Section 1255.220
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Subject to the requirements of this article, the court shall order the amount requested in the application, or such portion of that amount as the applicant is entitled to receive, to be paid to the applicant. (Added by Stats. 1975, Ch. 1275.)
Code Civ. Proc. § 1255.230 Section 1255.230
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(a) No withdrawal may be ordered until 20 days after service on the plaintiff of a copy of the application or until the time for all objections has expired, whichever is later. (b) Within the 20-day period, the plaintiff may file objections to withdrawal on any one or more of the…

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Code Civ. Proc. § 1255.240 Section 1255.240

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(a) If the court determines that an applicant is entitled to withdraw any portion of a deposit that another party claims or to which another person may be entitled, the court may require the applicant, before withdrawing such portion, to file an undertaking. The undertaking shall…

Code Civ. Proc. § 1255.250 Section 1255.250

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(a) If the amount originally deposited is increased pursuant to Section 1255.030 and the total amount sought to be withdrawn exceeds the amount of the original deposit, the applicant, or each applicant if there are two or more, shall file an undertaking. The undertaking shall be …

Code Civ. Proc. § 1255.260 Section 1255.260

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If any portion of the money deposited pursuant to this chapter is withdrawn, the receipt of any such money shall constitute a waiver by operation of law of all claims and defenses in favor of the persons receiving such payment except a claim for greater compensation. (Added by St…

Code Civ. Proc. § 1255.280 Section 1255.280

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(a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly. (b) The judgment so enter…

Code Civ. Proc. § 128 Section 128

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(a) Every court shall have the power to do all of the following: (1) To preserve and enforce order in its immediate presence. (2) To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority. (3) To…

Code Civ. Proc. § 128.5 Section 128.5

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(a) A trial court may order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This se…

Code Civ. Proc. § 128.7 Section 128.7

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(a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer…

Code Civ. Proc. § 129 Section 129

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(a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of de…

Code Civ. Proc. § 1297.291 Section 1297.291

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Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all of its members. Notwithstanding this section, if authorized by the parties or all the members of the arbitral tr…

Code Civ. Proc. § 130 Section 130

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(a) Subject to the provisions of this section, when a child who is under 18 years of age is killed as a result of a criminal act and a person has been convicted and sentenced for the commission of that criminal act, or a person has been found to have committed that offense by the…

Code Civ. Proc. § 1476 Section 1476

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The expiration of any period of time specified by law, during which an action or proceeding may be commenced or enforced to secure payment of a claim for money or recovery of property, shall not prevent any such money or other property from being deemed abandoned property, nor af…

Code Civ. Proc. § 2020.210 Section 2020.210

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(a) The clerk of the court in which the action is pending shall issue a deposition subpoena signed and sealed, but otherwise in blank, to a party requesting it, who shall fill it in before service. (b) Instead of a court-issued deposition subpoena, an attorney of record for any p…

Code Civ. Proc. § 2020.220 Section 2020.220

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(a) Subject to subdivision (c) of Section 2020.410, service of a deposition subpoena shall be effected a sufficient time in advance of the deposition to provide the deponent a reasonable opportunity to locate and produce any designated business records, documents, electronically …

Code Civ. Proc. § 2020.230 Section 2020.230

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(a) If a deposition subpoena requires the personal attendance of the deponent, under Article 3 (commencing with Section 2020.310) or Article 5 (commencing with Section 2020.510), the party noticing the deposition shall pay to the deponent in cash or by check the same witness fee …

Code Civ. Proc. § 2020.240 Section 2020.240

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A deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt under Chapter 7 (commencing with Section 2023.010) without the necessity of a prior order of court directing compliance by the witness. The de…

Code Civ. Proc. § 708.110 Section 708.110

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(a) The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgmen…

Code Civ. Proc. § 708.111 Section 708.111

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(a) This section applies to an application pursuant to Section 708.110 by a judgment creditor with a judgment concerning a consumer debt awarded on or after January 1, 2025. (b) “Consumer debt” as used in this Section means any obligation or alleged obligation of a consumer to pa…

Code Civ. Proc. § 708.120 Section 708.120

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(a) Upon ex parte application by a judgment creditor who has a money judgment and proof by the judgment creditor by affidavit or otherwise to the satisfaction of the proper court that a third person has possession or control of property in which the judgment debtor has an interes…

Code Civ. Proc. § 708.130 Section 708.130

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(a) Witnesses may be required to appear and testify before the court or referee in an examination proceeding under this article in the same manner as upon the trial of an issue. (b) The privilege prescribed by Article 4 (commencing with Section 970) of Chapter 4 of Division 8 of …

Code Civ. Proc. § 708.140 Section 708.140

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(a) The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate an order authorized by Section 708.205, may make a protective order authorized by Section 708.200, and may issue a warrant aut…

Code Civ. Proc. § 708.150 Section 708.150

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(a) (1) If a corporation, partnership, association, trust, limited liability company, or other organization is served with an order to appear for an examination, it shall designate to appear and be examined one or more officers, directors, managing agents, or other persons who ar…

Code Civ. Proc. § 708.160 Section 708.160

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(a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court in which the money judgment is entered. (b) A person sought to be examined may not be required to attend an examination before a court located outside th…

Code Civ. Proc. § 708.170 Section 708.170

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(a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear: (1) The court may do …

Code Civ. Proc. § 708.180 Section 708.180

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(a) Subject to subdivision (b), if a third person examined pursuant to Section 708.120 claims an interest in the property adverse to the judgment debtor or denies the debt, the court may, if the judgment creditor so requests, determine the interests in the property or the existen…

Code Civ. Proc. § 708.190 Section 708.190

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The court may permit a person claiming an interest in the property or debt sought to be applied in an examination proceeding to intervene in the proceeding and may determine the person’s rights in the property or debt pursuant to Section 708.180. (Added by Stats. 1982, Ch. 1364, …

Code Civ. Proc. § 708.200 Section 708.200

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In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective orders as justice may require. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Code Civ. Proc. § 708.205 Section 708.205

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(a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article, the court may order the judgment debtor’s interest in the property in the possession or under the control of the judgment debtor or the third person or a debt owed by the third …

Code Civ. Proc. § 873.600 Section 873.600

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Notwithstanding any other provision of this title, the court shall order sale by such methods and upon such terms as are expressly agreed to in writing by all the parties to the action. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 873.610 Section 873.610

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(a) The court may, at the time of trial or thereafter, prescribe such manner, terms, and conditions of sale not inconsistent with the provisions of this chapter as it deems proper for the particular property or sale. (b) The court may refer the manner, terms, and conditions of sa…

Code Civ. Proc. § 873.620 Section 873.620

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(a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots or parcels of real property be sold separately. (b) The court may order that the real and personal property or any portion thereof be sold as a unit.…

Code Civ. Proc. § 873.630 Section 873.630

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The court may: (a) Direct a sale on credit for the property or any part thereof. (b) Prescribe such terms of credit as may be appropriate. (c) Approve or prescribe the terms of security to be taken upon the sale, including the manner in which title to the security is to be taken,…

Code Civ. Proc. § 873.640 Section 873.640

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(a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like property upon execution. Such notice shall also be given to every party who has appeared in the action and to such other interested persons as may have in writing …

Code Civ. Proc. § 873.650 Section 873.650

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(a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of sale, and a statement of the principal terms of sale. In place of the principal terms of sale, the notice may refer to an order of the court …

Code Civ. Proc. § 873.660 Section 873.660

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(a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in value if not promptly disposed of, or that will incur loss or expense by being kept, to be sold upon such notice and conditions as…

Code Civ. Proc. § 873.670 Section 873.670

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(a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may be specified by the court. (b) Unless otherwise ordered by the court, personal property shall be present at the sale. (c) The sale may be postp…

Code Civ. Proc. § 873.680 Section 873.680

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(a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within one year thereafter. (b) The bids or offers shall be in writing and left at the place designated in the notice at any time after the first publication or, if none,…

Code Civ. Proc. § 873.690 Section 873.690

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(a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee. (2) The attorney of a party. (3) The guardian or conservator of a party, unless for the benefit of the ward or conservatee. (b) All sales contrary to this section are…

Code Civ. Proc. § 1255.410 Section 1255.410

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(a) At the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment, the plaintiff may move the court for an order for possession under this article, demonstrating that the plaintiff is entitled to take the property by eminent domain a…

Code Civ. Proc. § 1255.440 Section 1255.440

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If an order has been made under Section 1255.410 authorizing the plaintiff to take possession of property and the court subsequently determines that the conditions specified in Section 1255.410 for issuance of the order are not satisfied, the court shall vacate the order. (Added …

Code Civ. Proc. § 1255.450 Section 1255.450

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(a) As used in this section, “record owner” means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded deeds or other recorded instruments. (b) The plaintiff shall serve a copy of the order for possession issued under Sectio…

Code Civ. Proc. § 1255.460 Section 1255.460

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An order for possession issued pursuant to Section 1255.410 shall: (a) Recite that it has been made under this section. (b) Describe the property to be acquired, which description may be by reference to the complaint. (c) State the date after which plaintiff is authorized to take…

Code Civ. Proc. § 1255.470 Section 1255.470

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By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1255.480 Section 1255.480

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Nothing in this article limits the right of a public entity to exercise its police power in emergency situations. (Added by Stats. 1975, Ch. 1275.)

Code Civ. Proc. § 1297.301 Section 1297.301

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It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation, or other procedures at any time during the arbitral proceedings to e…

Code Civ. Proc. § 1297.302 Section 1297.302

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If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. (Added by …

Code Civ. Proc. § 1297.303 Section 1297.303

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An arbitral award on agreed terms shall be made in accordance with Article 4 (commencing with Section 1297.311) of this chapter and shall state that it is an arbitral award. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)