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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. § 801.10 Section 801.10
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All unknown defendants, including the heirs and devisees designated in the complaint, shall have the same rights as are provided by law for other defendants upon whom summons is served, and the action shall proceed against them in the same manner. Regardless of any legal disabili…
Code Civ. Proc. § 801.11 Section 801.11
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On the trial of the action, the court shall determine the rights of all the parties thereto and shall require proof of the facts alleged. Any certificate issued on sale made to satisfy any public improvement assessment or any bond issued to represent such assessment shall be pres…
Code Civ. Proc. § 801.12 Section 801.12
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If the court determines that none of the defendants have any right, title, interest, lien or estate in the property, it shall render its final decree quieting the plaintiff’s title. If the court determines that any of the defendants have any right, title, interest, lien or estate…
Code Civ. Proc. § 801.13 Section 801.13
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Showing 3,151–3,200 of 3,411

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If the court orders a sale of the property or a partition thereof, the same shall be made in accordance with the provisions of Title 10.5 (commencing with Section 872.010) of Part 2, except that proceeds of sale belonging to unknown defendants or defendants whose identities or wh…

Code Civ. Proc. § 801.14 Section 801.14

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The decree, after it has become final, is conclusive against all persons named in the complaint who have been served and all unknown persons and the heirs and devisees of deceased persons designated in the complaint and served as hereinbefore provided. (Added by Stats. 1949, Ch. …

Code Civ. Proc. § 801.15 Section 801.15

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After the judgment has become final, a certified copy thereof shall be delivered to the public officer having the record of the assessment, bond or certificate of sale in his office and he shall thereupon mark the record of the assessment, bond or certificate of sale as follows: …

Code Civ. Proc. § 801.2 Section 801.2

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The action may be brought as a separate action or joined as a cause with other causes of action to determine adverse claims to and clouds upon title to real property, but the complaint shall aver the pertinent matters stated in the preceding section and shall be verified. (Added …

Code Civ. Proc. § 801.3 Section 801.3

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The complaint shall include as defendants to the action (a) all persons known to the plaintiff owning or claiming an interest under such public improvement assessment, bond or certificate of sale; (b) the payee, as shown by the bond representing the assessment, if any; (c) the ow…

Code Civ. Proc. § 801.4 Section 801.4

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The complaint shall also include, as defendants, unknown persons owning or claiming an interest in such bond, special assessment or certificate of sale and they may be described in the complaint as: “Also the owner or any person claiming an interest (here describe the bond, speci…

Code Civ. Proc. § 801.5 Section 801.5

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Within ten days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the recorder of the county where the property is situated, a notice of the pendency of the action, containing the title and object of the action and a description of the …

Code Civ. Proc. § 801.6 Section 801.6

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Within three years after the filing of the complaint, a summons shall be issued which shall contain the matters required by Section 412.20, designating the defendants as in the complaint, and in addition, a description of the property and a statement of the object of the action. …

Code Civ. Proc. § 801.7 Section 801.7

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Within thirty days after the issuance of the summons, the plaintiff shall post, or cause to be posted, a copy thereof in a conspicuous place on the property. (Added by Stats. 1949, Ch. 1108.)

Code Civ. Proc. § 801.8 Section 801.8

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All known defendants shall be served in the manner provided by law for the service of a summons in a civil action. All unknown defendants shall be served by publication as provided in Section 750. (Amended by Stats. 1969, Ch. 1611.)

Code Civ. Proc. § 801.9 Section 801.9

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In addition to the matters required to be set forth in the affidavit by the plaintiff for publication of summons, it shall appear by the affidavit that the plaintiff used reasonable diligence to ascertain the identity and residence of the unknown defendants and of any persons sue…

Code Civ. Proc. § 85 Section 85

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Notwithstanding any law, including, but not limited to, a law that classified an action or special proceeding as a limited civil case, an action or special proceeding shall be treated as a limited civil case only if all of the following conditions are satisfied: (a) The amount in…

Code Civ. Proc. § 86 Section 86

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(a) The following civil cases and proceedings are limited civil cases: (1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that invol…

Code Civ. Proc. § 86.1 Section 86.1

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An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars …

Code Civ. Proc. § 87 Section 87

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(a) A limited civil case may be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. Where a statute or rule applicable to a small claims case conflicts with a statute or rule applicable to a li…

Code Civ. Proc. § 88 Section 88

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A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case. (Added by Stats. 1999, Ch. 344, Sec. 4. Effective September 7, 1999.)

Code Civ. Proc. § 89 Section 89

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(a) The existence of a statute relating to the authority of the court in a limited civil case does not, by itself, imply that the same authority does or does not exist in an unlimited civil case. (b) The existence of a statute relating to the authority of the court in an unlimite…

Code Civ. Proc. § 100 Section 100

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Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals. (Added by Stats. 1982, Ch. 1581, Sec. 1.)

Code Civ. Proc. § 90 Section 90

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Except where changed by the provisions of this article, all provisions of law applicable to civil actions generally apply to actions subject to this article. (Amended by Stats. 2003, Ch. 149, Sec. 3. Effective January 1, 2004.)

Code Civ. Proc. § 91 Section 91

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(a) Except as otherwise provided in this section, the provisions of this article apply to every limited civil case. (b) The provisions of this article do not apply to any action under Chapter 5.5 (commencing with Section 116.110) or any proceeding under Chapter 4 (commencing with…

Code Civ. Proc. § 92 Section 92

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(a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers. (b) The answer need not be verified, even if the complaint or cross-complaint is verified. (c) Special demurrers are not allowed. (d) Motions to strike are allo…

Code Civ. Proc. § 93 Section 93

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(a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case quest…

Code Civ. Proc. § 94 Section 94

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Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the particular method of discovery, as provided in Title 4 (commencing with Section 2016.010) of Part 4. As to each adverse pa…

Code Civ. Proc. § 95 Section 95

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(a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discover…

Code Civ. Proc. § 96 Section 96

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(a) Any party may serve on any other party a request in substantially the following form: TO: , attorney for : You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend …

Code Civ. Proc. § 97 Section 97

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(a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding statement may call a witness or introduce evidence, except for purposes of impeachment, against the objecting party unless…

Code Civ. Proc. § 98 Section 98

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A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testim…

Code Civ. Proc. § 99 Section 99

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A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate as collateral estoppel of a party or a successor in interest to a party in other litigation with a person who was not a p…

Code Civ. Proc. § 116.110 Section 116.110

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This chapter shall be known and may be cited as “The Small Claims Act.” (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)

Code Civ. Proc. § 116.120 Section 116.120

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The Legislature hereby finds and declares as follows: (a) Individual minor civil disputes are of special importance to the parties and of significant social and economic consequence collectively. (b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairl…

Code Civ. Proc. § 116.130 Section 116.130

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In this chapter, unless the context indicates otherwise: (a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff. (b) “Defendant” means the party against whom the plaintiff has filed a small clai…

Code Civ. Proc. § 116.140 Section 116.140

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The following do not apply in small claims actions: (a) Subdivision (a) of Section 1013 and subdivision (b) of Section 1005, on the extension of the time for taking action when notice is given by mail. (b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of …

Code Civ. Proc. § 116.210 Section 116.210

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In each superior court there shall be a small claims division. The small claims division may be known as the small claims court. (Amended by Stats. 2002, Ch. 784, Sec. 30. Effective January 1, 2003.)

Code Civ. Proc. § 116.220 Section 116.220

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(a) The small claims court has jurisdiction in the following actions: (1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250). (2) Except as provided in subdivisio…

Code Civ. Proc. § 116.221 Section 116.221

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In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivisio…

Code Civ. Proc. § 116.222 Section 116.222

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If the action is to enforce the payment of a debt, the statement of calculation of liability shall separately state the original debt, each payment credited to the debt, each fee and charge added to the debt, each payment credited against those fees and charges, all other debits …

Code Civ. Proc. § 116.225 Section 116.225

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An agreement entered into or renewed on or after January 1, 2003, establishing a forum outside of California for an action arising from an offer or provision of goods, services, property, or extensions of credit primarily for personal, family, or household purposes that is otherw…

Code Civ. Proc. § 116.230 Section 116.230

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(a) In a small claims case, the clerk of the court shall charge and collect only those fees authorized under this chapter. (b) If the party filing a claim has filed 12 or fewer small claims in the state within the previous 12 months, the filing fee is the following: (1) Thirty do…

Code Civ. Proc. § 116.231 Section 116.231

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(a) Except as provided in subdivision (d), no person may file more than two small claims actions in which the amount demanded exceeds two thousand five hundred dollars ($2,500), anywhere in the state in any calendar year. (b) Except as provided in subdivision (d), if the amount d…

Code Civ. Proc. § 116.232 Section 116.232

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A fee of fifteen dollars ($15) shall be charged and collected from the plaintiff for each defendant to whom the court clerk mails a copy of the claim under Section 116.340. This fee shall be distributed to the court in which it was collected. (Amended by Stats. 2013, Ch. 31, Sec.…

Code Civ. Proc. § 116.240 Section 116.240

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(a) With the consent of the parties who appear at the hearing, the court may order a case to be heard by a temporary judge who is a member of the State Bar, and who has been sworn and empowered to act until final determination of the case. (b) Prior to serving as a temporary judg…

Code Civ. Proc. § 116.250 Section 116.250

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(a) Sessions of the small claims court may be scheduled at any time and on any day, including Saturdays, but excluding other judicial holidays. (b) Each small claims division of a superior court with seven or more judicial officers shall conduct at least one night session or Satu…

Code Civ. Proc. § 116.260 Section 116.260

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In each county, individual assistance shall be made available to advise small claims litigants and potential litigants without charge as provided in Section 116.940 and by rules adopted by the Judicial Council. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this su…

Code Civ. Proc. § 116.270 Section 116.270

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Any small claims division may use law clerks to assist the judge with legal research of small claims cases. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)

Code Civ. Proc. § 116.310 Section 116.310

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(a) No formal pleading, other than the claim described in Section 116.320 or 116.360, is necessary to initiate a small claims action. (b) The pretrial discovery procedures described in Section 2019.010 are not permitted in small claims actions. (Amended by Stats. 2004, Ch. 182, S…

Code Civ. Proc. § 116.320 Section 116.320

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(a) A plaintiff may commence an action in the small claims court by filing a claim under oath with the clerk of the small claims court in person, by mail, by facsimile transmission if authorized pursuant to Section 1010.5, or by electronic means as authorized by Section 1010.6. (…

Code Civ. Proc. § 116.330 Section 116.330

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(a) When a claim is filed, the clerk shall schedule the case for hearing and shall issue an order directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense. The case shall be scheduled for hearing no earlier than …