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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. § 849 Section 849
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(a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution. (b) Before adopting a physical solution, the court shall con…
Code Civ. Proc. § 850 Section 850
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(a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria: (1) It is consistent with Section 2 of Article X of the California Constitution. (2) It is consistent with the water right priorities of al…
Code Civ. Proc. § 851 Section 851
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The judgment in a comprehensive adjudication conducted pursuant to this chapter shall be binding on the parties to the comprehensive adjudication and all their successors in interest, including, but not limited to, heirs, executors, administrators, assigns, lessees, licensees, th…
Code Civ. Proc. § 852 Section 852
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The court shall have continuing jurisdiction to modify or amend a final judgment in a comprehensive adjudication in response to new information, changed circumstances, the interests of justice, or to ensure that the criteria of subdivision (a) of Section 850 are met. If feasible,…

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Code Civ. Proc. § 1045 Section 1045

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If an original pleading or paper be lost, the Court may authorize a copy thereof to be filed and used instead of the original. (Enacted 1872.)

Code Civ. Proc. § 1046 Section 1046

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An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refers to the action or proceeding. (Amended by Stats. 1981, Ch. 7…

Code Civ. Proc. § 1046a Section 1046a

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In all cases brought under the provisions of any act providing for the establishment and quieting of title to real property in cases where the public records in the office of the county recorder have been, or shall hereafter be, lost or destroyed, in whole or in any material part…

Code Civ. Proc. § 1047 Section 1047

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Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom. (Enacted 1872.)

Code Civ. Proc. § 1048 Section 1048

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(a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein …

Code Civ. Proc. § 1049 Section 1049

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An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. (Enacted 1872.)

Code Civ. Proc. § 1050 Section 1050

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An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a…

Code Civ. Proc. § 1053 Section 1053

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When there are three referees all must meet, but two of them may do any act which might be done by all. (Amended by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1054 Section 1054

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(a) When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal and of intention to move for a new trial, the time allowed therefor…

Code Civ. Proc. § 1054.1 Section 1054.1

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(a) When an act to be done in any action or proceeding in any court of this state or before any state administrative agency, as provided by law or rule, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service …

Code Civ. Proc. § 1055 Section 1055

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If an action is brought against any officer or person for an act for the doing of which he had theretofore received any valid bond or convenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed such bond or covenant, and permits them to c…

Code Civ. Proc. § 155 Section 155

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(a) (1) A superior court has jurisdiction under California law to make judicial determinations regarding the dependency or custody, or both, and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11…

Code Civ. Proc. § 2023.010 Section 2023.010

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Misuses of the discovery process include, but are not limited to, the following: (a) Persisting, over objection and without substantial justification, in an attempt to obtain information or materials that are outside the scope of permissible discovery. (b) Using a discovery metho…

Code Civ. Proc. § 2023.020 Section 2023.020

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Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. (…

Code Civ. Proc. § 2023.030 Section 2023.030

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To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engagin…

Code Civ. Proc. § 2023.040 Section 2023.040

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A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by …

Code Civ. Proc. § 2023.050 Section 2023.050

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(a) Notwithstanding any other law, and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose a one-thousand-dollar ($1,000) sanction, payable to the requesting party, upon a party, person, or attorney if, upon reviewing a request for a sanction…

Code Civ. Proc. § 387 Section 387

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(a) For purposes of this section: (1) “Defendant” includes a cross-defendant. (2) “Plaintiff” includes a cross-complainant. (b) An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the …

Code Civ. Proc. § 388 Section 388

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In an action brought by a party for relief of any nature other than solely for money damages where a pleading alleges facts or issues concerning alleged pollution or adverse environmental effects which could affect the public generally, the party filing the pleading shall furnish…

Code Civ. Proc. § 452 Section 452

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In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Enacted 1872.)

Code Civ. Proc. § 454 Section 454

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It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge…

Code Civ. Proc. § 455 Section 455

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In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it. (Enacted 1872.)

Code Civ. Proc. § 456 Section 456

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In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made and to have become final. If such allegation be controvert…

Code Civ. Proc. § 457 Section 457

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In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party plead…

Code Civ. Proc. § 458 Section 458

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In pleading the Statute of Limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of Section ____ (giving the number of the section and subdivision thereof, if it is so divided, r…

Code Civ. Proc. § 459 Section 459

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In pleading a private statute, or an ordinance of a county or municipal corporation, or a right derived therefrom, it is sufficient to refer to such statute or ordinance by its title and the day of its passage. In pleading the performance of conditions precedent under a statute o…

Code Civ. Proc. § 460 Section 460

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In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that the same…

Code Civ. Proc. § 460.5 Section 460.5

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(a) In any action for libel or slander, for good cause shown upon ex parte written application, the court may order that the time to respond to the complaint is 20 days after the service of summons on the defendant. The application shall be supported by an affidavit stating facts…

Code Civ. Proc. § 460.7 Section 460.7

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(a) In any action by a candidate or former candidate for elective public office against a holder of elective public office or an opposing candidate for libel or slander that is alleged to have occurred during the course of an election campaign, the court shall order that the time…

Code Civ. Proc. § 461 Section 461

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In any action within Section 460 or 460.5, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages. Whether he proves the justification or not, he may give in evidence the mitig…

Code Civ. Proc. § 464 Section 464

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(a) The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. (b) The plaintiff and defendant, or petitioner and respondent, may, in any act…

Code Civ. Proc. § 465 Section 465

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Except with leave of the court, all pleadings subsequent to the complaint, together with proof of service unless a summons need be issued, shall be filed with the clerk or judge, and copies thereof served upon the adverse party or his or her attorney. (Amended by Stats. 1986, Ch.…

Code Civ. Proc. § 487.010 Section 487.010

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The following property of the defendant is subject to attachment: (a) Where the defendant is a corporation, all corporate property for which a method of levy is provided by Article 2 (commencing with Section 488.300) of Chapter 8. (b) Where the defendant is a partnership or other…

Code Civ. Proc. § 487.020 Section 487.020

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Except as provided in paragraph (2) of subdivision (a) of Section 3439.07 of the Civil Code, the following property is exempt from attachment: (a) All property exempt from enforcement of a money judgment. (b) Property which is necessary for the support of a defendant who is a nat…

Code Civ. Proc. § 487.025 Section 487.025

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(a) The recording of a homestead declaration (as defined in Section 704.910) does not limit or affect the right of a plaintiff to attach the declared homestead described in the homestead declaration, whether the homestead declaration is recorded before or after the declared homes…

Code Civ. Proc. § 487.030 Section 487.030

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(a) At any time prior to the entry of judgment in the action, the defendant may claim any exemption provided by subdivision (a) of Section 487.020 with respect to real property by following the procedure set forth in Article 2 (commencing with Section 703.510) of Chapter 4 of Div…

Code Civ. Proc. § 687.010 Section 687.010

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(a) The judgment creditor shall give the levying officer instructions in writing. The instructions shall be signed by the judgment creditor’s attorney of record or, if the judgment creditor does not have an attorney of record, by the judgment creditor. The instructions shall cont…

Code Civ. Proc. § 687.020 Section 687.020

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(a) As used in this section, “instrument” means a check, draft, money order, or other order for the withdrawal of money from a financial institution, the United States, any state, or any public entity within any state. (b) If an instrument is payable to the judgment debtor on dem…

Code Civ. Proc. § 687.030 Section 687.030

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Except as otherwise provided by statute, where the method of levy upon property requires that the property be taken into custody or where the levying officer is otherwise directed to take property into custody, the levying officer may do so by any of the following methods: (a) Re…

Code Civ. Proc. § 687.040 Section 687.040

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(a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken in conformance with the provisions of this title in reliance on information contained in the written instructions of the …

Code Civ. Proc. § 687.050 Section 687.050

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The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer’s costs for which an advance has not been made. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

Code Civ. Proc. § 720.710 Section 720.710

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The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except to the extent this title prescribes a different rule or is inconsistent. (Added by Stats. 1985, Ch. 41, Sec. 13.)

Code Civ. Proc. § 720.760 Section 720.760

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A copy of a notice of motion objecting to an undertaking shall be filed with the levying officer. (Amended by Stats. 1983, Ch. 18, Sec. 14. Effective April 21, 1983. Operative July 1, 1983, by Sec. 40 of Ch. 18.)

Code Civ. Proc. § 720.770 Section 720.770

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Unless the parties otherwise agree, the hearing on an objection to an undertaking shall be held not less than 10 nor more than 15 days after service of the notice of motion. The court may order the amount of the undertaking decreased below the amount prescribed by Section 720.160…

Code Civ. Proc. § 720.800 Section 720.800

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If an undertaking has been filed with a levying officer pursuant to this division, and the undertaking remains in the levying officer’s possession when the writ is to be returned, the levying officer shall file the undertaking with the court at the time the writ is returned. (Add…

Code Civ. Proc. § 873.910 Section 873.910

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When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal pursuant to this chapter. (Added by Stats. 1976, Ch. 73.)