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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. § 514.010 Section 514.010
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(a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safeke…
Code Civ. Proc. § 514.020 Section 514.020
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(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, a copy of the plaintiff’s undertaking, if any, and a copy of the order for issuance of the writ. (b) If no one is in possession of the property…
Code Civ. Proc. § 514.030 Section 514.030
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(a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as otherwise provided by Sections 512.020 and 514.050: (1) If notice of the filing of an undertaking for redelivery or notice of …
Code Civ. Proc. § 514.040 Section 514.040
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Showing 551–600 of 3,411

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The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the writ is issued. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 514.050 Section 514.050

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Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with Section 720.010) of Title 9 apply. (Amended by Stats. 1982, Ch. 497, Sec. 33. Operative July 1, 1983, by Sec. 185 of Ch. 49…

Code Civ. Proc. § 697.710 Section 697.710

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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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1…

Code Civ. Proc. § 697.720 Section 697.720

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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. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, …

Code Civ. Proc. § 697.730 Section 697.730

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(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…

Code Civ. Proc. § 697.740 Section 697.740

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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…

Code Civ. Proc. § 697.750 Section 697.750

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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…

Code Civ. Proc. § 872.510 Section 872.510

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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. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 872.520 Section 872.520

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(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…

Code Civ. Proc. § 872.530 Section 872.530

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(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…

Code Civ. Proc. § 872.540 Section 872.540

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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 …

Code Civ. Proc. § 872.550 Section 872.550

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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. (Added by Stats. 1976, Ch. 73.)

Code Civ. Proc. § 995.410 Section 995.410

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(a) A bond becomes effective without approval unless the statute providing for the bond requires that the bond be approved by the court or officer. (b) If the statute providing for a bond requires that the bond be approved, the court or officer may approve or disapprove the bond …

Code Civ. Proc. § 995.420 Section 995.420

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(a) Unless the statute providing for a bond provides that the bond becomes effective at a different time, a bond is effective at the time it is given or, if the statute requires that the bond be approved, at the time it is approved. (b) If the statute providing for a bond provide…

Code Civ. Proc. § 995.430 Section 995.430

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A bond remains in force and effect until the earliest of the following events: (a) The sureties withdraw from or cancel the bond or a new bond is given in place of the original bond. (b) The purpose for which the bond was given is satisfied or the purpose is abandoned without any…

Code Civ. Proc. § 995.440 Section 995.440

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A bond given as a condition of a license or permit shall be continuous in form, remain in full force and effect, and run concurrently with the license or permit period and any and all renewals, or until cancellation or withdrawal of the surety from the bond. (Added by Stats. 1982…

Code Civ. Proc. § 429.30 Section 429.30

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(a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes the person filing a cross-complaint. (b) If the complaint contains a demand for relief on account of the alleged infringement of the plaintiff’s rights in and to a literary, artistic…

Code Civ. Proc. § 515.010 Section 515.010

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(a) Except as provided in subdivision (b), the court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed an undertaking with the court . The undertaking shall provide that the sureties are bound to the defendant for the return of th…

Code Civ. Proc. § 515.020 Section 515.020

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(a) The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff’s un…

Code Civ. Proc. § 515.030 Section 515.030

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(a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of objection to the levying officer. (b) The plaintiff may object to the defendant’s undertaking not later than 10 days after t…

Code Civ. Proc. § 697.910 Section 697.910

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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. (Added by Stats. 1982, Ch. …

Code Civ. Proc. § 697.920 Section 697.920

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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 …

Code Civ. Proc. § 995.510 Section 995.510

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(a) A personal surety on a bond is sufficient if all of the following conditions are satisfied: (1) The surety is a person other than the principal. No officer of the court or member of the State Bar shall act as a surety. (2) The surety is a resident, and either an owner of real…

Code Civ. Proc. § 995.520 Section 995.520

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(a) A bond executed by personal sureties shall be accompanied by an affidavit of qualifications of each surety. (b) The affidavit shall contain all of the following information: (1) The name, occupation, residence address, and business address (if any) of the surety. (2) A statem…

Code Civ. Proc. § 516.010 Section 516.010

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The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 516.020 Section 516.020

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The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 516.030 Section 516.030

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The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this chapter to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a …

Code Civ. Proc. § 516.040 Section 516.040

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The judicial duties to be performed under this chapter are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 516.050 Section 516.050

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Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title. (Added by Stats. 1973, Ch. 526.)

Code Civ. Proc. § 995.610 Section 995.610

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(a) If a statute provides for a bond with any number of sureties, one sufficient admitted surety insurer may become and shall be accepted as sole surety on the bond. (b) The admitted surety insurer is subject to all the liabilities and entitled to all the rights of personal suret…

Code Civ. Proc. § 995.620 Section 995.620

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Two or more admitted surety insurers may be sureties on a bond by executing the same or separate bonds for amounts aggregating the required amount of the bond. Each admitted surety insurer is jointly and severally liable to the extent of the amount of the liability assumed by it.…

Code Civ. Proc. § 995.630 Section 995.630

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An admitted surety insurer shall be accepted or approved by the court or officer as surety on a bond without further acknowledgment if the bond is executed in the name of the surety insurer under penalty of perjury or the fact of execution of the bond is duly acknowledged before …

Code Civ. Proc. § 995.640 Section 995.640

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Upon review of the Internet Web site of the Department of Insurance, the county clerk of any county shall, upon request of any person, do any of the following: (a) Issue a certificate stating whether a surety is admitted or if the certificate of authority of an admitted surety in…

Code Civ. Proc. § 995.650 Section 995.650

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If an objection is made to the sufficiency of an admitted surety insurer, the person making the objection shall attach to and incorporate in the objection one or both of the following: (a) The certificate of the county clerk of the county in which the court is located stating tha…

Code Civ. Proc. § 995.660 Section 995.660

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(a) If an objection is made to the sufficiency of an admitted surety insurer on a bond or if the bond is required to be approved, the insurer shall submit to the court or officer the following documents: (1) The original, or a certified copy, of the unrevoked appointment, power o…

Code Civ. Proc. § 995.670 Section 995.670

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(a) This section applies to a bond executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state or any law or ordinance of a public agency. No public agency shall require an admitted surety insurer to comply with any requirements other …

Code Civ. Proc. § 995.675 Section 995.675

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Notwithstanding Sections 995.660 and 995.670, the California Integrated Waste Management Board, the State Water Resources Control Board, and the Department of Toxic Substances Control may require, in order to comply with Subtitle C or Subtitle D of the federal Resource Conservati…

Code Civ. Proc. § 995.710 Section 995.710

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(a) Except as provided in subdivision (e) or to the extent the statute providing for a bond precludes a deposit in lieu of bond or limits the form of deposit, the principal may, without prior court approval, instead of giving a bond, deposit with the officer any of the following:…

Code Civ. Proc. § 995.720 Section 995.720

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(a) The market value of bonds or notes, including bearer bonds and bearer notes, shall be agreed upon by stipulation of the principal and beneficiary or, if the bonds or notes are given in an action or proceeding and the principal and beneficiary are unable to agree, the market v…

Code Civ. Proc. § 995.730 Section 995.730

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A deposit given instead of a bond has the same force and effect, is treated the same, and is subject to the same conditions, liability, and statutory provisions, including provisions for increase and decrease of amount, as the bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.740 Section 995.740

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If no proceedings are pending to enforce the liability of the principal on the deposit, the officer shall: (a) Pay quarterly, on demand, any interest on the deposit, when earned in accordance with the terms of the account or certificate, to the principal. (b) Deliver to the princ…

Code Civ. Proc. § 995.750 Section 995.750

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(a) The principal shall pay the amount of the liability on the deposit within 30 days after the date on which the judgment of liability becomes final. (b) If the deposit was given to stay enforcement of a judgment on appeal, the principal shall pay the amount of the liability on …

Code Civ. Proc. § 995.760 Section 995.760

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(a) If the principal does not pay the amount of the liability on the deposit within the time prescribed in Section 995.750, the deposit shall be collected, sold, or otherwise applied to the liability upon order of the court that entered the judgment of liability, made upon five d…

Code Civ. Proc. § 995.770 Section 995.770

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A deposit given pursuant to this article shall be returned to the principal at the earliest of the following times: (a) Upon substitution of a sufficient bond for the deposit. The bond shall be in full force and effect for all liabilities incurred, and for acts, omissions, or cau…

Code Civ. Proc. § 995.810 Section 995.810

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The provisions of this article apply to a bond executed to, in favor of, in the name of, or payable to the State of California or the people of the state, including but not limited to an official bond. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.820 Section 995.820

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Except as otherwise provided by statute, a bond given by an officer of the court for the faithful discharge of the officer’s duties and obedience to the orders of the court shall be to the State of California. (Added by Stats. 1982, Ch. 998, Sec. 1.)

Code Civ. Proc. § 995.830 Section 995.830

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If a statute or court order pursuant thereto providing for a bond does not specify the beneficiary of the bond, the bond shall be to the State of California. (Added by Stats. 1982, Ch. 998, Sec. 1.)