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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. § 1089 Section 1089
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On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to the return and answer, then at the time provided by those rules, the party upon whom the writ or notice has been served m…
Code Civ. Proc. § 1089.5 Section 1089.5
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Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been filed with the petition or where no record of a proceeding is required, the respondent shall answer or otherwise respond with…
Code Civ. Proc. § 1090 Section 1090
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If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in i…
Code Civ. Proc. § 1091 Section 1091
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Showing 651–700 of 3,411

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On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance. (Amended by Stats. 1971, Ch. 1475.)

Code Civ. Proc. § 1092 Section 1092

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The motion for new trial must be made in the Court in which the issue of fact is tried. (Enacted 1872.)

Code Civ. Proc. § 1093 Section 1093

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If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the Court in which the application for the writ is pending, a certified copy of the verdict a…

Code Civ. Proc. § 1094 Section 1094

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If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the argumen…

Code Civ. Proc. § 1094.5 Section 1094.5

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(a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of…

Code Civ. Proc. § 1094.6 Section 1094.6

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(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the pe…

Code Civ. Proc. § 1094.8 Section 1094.8

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(a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be cond…

Code Civ. Proc. § 1094.9 Section 1094.9

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(a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides …

Code Civ. Proc. § 1095 Section 1095

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If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and a peremptory mandate must also be award…

Code Civ. Proc. § 1096 Section 1096

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The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a majority of the members of any Board or body, is service upon the Board or body, whether at the time of the service the Board …

Code Civ. Proc. § 1138 Section 1138

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Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been…

Code Civ. Proc. § 1139 Section 1139

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Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment roll. (Amended by Stats. 1933, Ch. 745.)

Code Civ. Proc. § 1140 Section 1140

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The judgment may be enforced in the same manner as if it had been rendered in an action of the same jurisdictional classification in the same court, and is in the same manner subject to appeal. (Amended by Stats. 1998, Ch. 931, Sec. 115. Effective September 28, 1998.)

Code Civ. Proc. § 1281 Section 1281

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A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (Repealed and added by Stats. 1961, Ch. 461.)

Code Civ. Proc. § 1281.1 Section 1281.1

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For the purposes of this article, any request to arbitrate made pursuant to subdivision (a) of Section 1299.4 shall be considered as made pursuant to a written agreement to submit a controversy to arbitration. (Added by Stats. 2000, Ch. 906, Sec. 1. Effective January 1, 2001.)

Code Civ. Proc. § 1281.12 Section 1281.12

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If an arbitration agreement requires that arbitration of a controversy be demanded or initiated by a party to the arbitration agreement within a period of time, the commencement of a civil action by that party based upon that controversy, within that period of time, shall toll th…

Code Civ. Proc. § 1281.2 Section 1281.2

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On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controvers…

Code Civ. Proc. § 1281.3 Section 1281.3

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A party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exist between the same parties; or one pa…

Code Civ. Proc. § 1281.4 Section 1281.4

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If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a…

Code Civ. Proc. § 1281.5 Section 1281.5

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(a) Any person who proceeds to record and enforce a claim of lien by commencement of an action pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, does not thereby waive any right of arbitration the person may have pursuant t…

Code Civ. Proc. § 1281.6 Section 1281.6

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If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought…

Code Civ. Proc. § 1281.7 Section 1281.7

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A petition pursuant to Section 1281.2 may be filed in lieu of filing an answer to a complaint. The petitioning defendant shall have 15 days after any denial of the petition to plead to the complaint. (Added by Stats. 1987, Ch. 1080, Sec. 9.)

Code Civ. Proc. § 1281.85 Section 1281.85

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(a) Beginning July 1, 2002, a person serving as a neutral arbitrator pursuant to an arbitration agreement shall comply with the ethics standards for arbitrators adopted by the Judicial Council pursuant to this section. The Judicial Council shall adopt ethical standards for all ne…

Code Civ. Proc. § 1281.9 Section 1281.9

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(a) In any arbitration pursuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitr…

Code Civ. Proc. § 1281.91 Section 1281.91

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(a) A proposed neutral arbitrator shall be disqualified if he or she fails to comply with Section 1281.9 and any party entitled to receive the disclosure serves a notice of disqualification within 15 calendar days after the proposed nominee or appointee fails to comply with Secti…

Code Civ. Proc. § 1281.92 Section 1281.92

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(a) No private arbitration company may administer a consumer arbitration, or provide any other services related to a consumer arbitration, if the company has, or within the preceding year has had, a financial interest, as defined in Section 170.5, in any party or attorney for a p…

Code Civ. Proc. § 1281.93 Section 1281.93

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(a) During the pendency of the consumer arbitration, a solicitation shall not be made of a party to the arbitration or of a lawyer for a party to the arbitration. (b) For purposes of this section: (1) “Lawyer for a party” has the same meaning as defined in Section 1281.9. (2) “So…

Code Civ. Proc. § 1281.95 Section 1281.95

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(a) In a binding arbitration of any claim for more than three thousand dollars ($3,000) pursuant to a contract for the construction or improvement of residential property consisting of one to four units, the arbitrator shall, within 10 days following his or her appointment, provi…

Code Civ. Proc. § 1281.96 Section 1281.96

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(a) Except as provided in paragraph (2) of subdivision (c), a private arbitration company that administers or is otherwise involved in a consumer arbitration, shall collect, publish at least quarterly, and make available to the public on the internet website of the private arbitr…

Code Civ. Proc. § 1281.97 Section 1281.97

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(a) (1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees or costs to i…

Code Civ. Proc. § 1281.98 Section 1281.98

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(a) (1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fe…

Code Civ. Proc. § 1281.99 Section 1281.99

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(a) The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the drafting party to pay the reasonable expenses, including…

Code Civ. Proc. § 165 Section 165

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The justices of the Supreme Court and of the courts of appeal, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of mandamus, certiorari, and prohibition; and may, in their discr…

Code Civ. Proc. § 166 Section 166

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(a) The judges of the superior courts may, in chambers: (1) Grant all orders and writs that are usually granted in the first instance upon an ex parte application, and hear and dispose of those orders and writs, appoint referees, require and receive inventories and accounts to be…

Code Civ. Proc. § 166.1 Section 166.1

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Upon the written request of any party or his or her counsel, or at the judge’s discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolutio…

Code Civ. Proc. § 167 Section 167

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Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof. (Amended by Stats. 1989, Ch. 1417, Sec. 1.)

Code Civ. Proc. § 1713 Section 1713

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This chapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Act. (Repealed and added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)

Code Civ. Proc. § 1714 Section 1714

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As used in this chapter: (a) “Foreign country” means a government other than any of the following: (1) The United States. (2) A state, district, commonwealth, territory, or insular possession of the United States. (3) A federally recognized Indian nation, tribe, pueblo, band, or …

Code Civ. Proc. § 1715 Section 1715

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(a) Except as otherwise provided in subdivision (b), this chapter applies to a foreign-country judgment to the extent that the judgment both: (1) Grants or denies recovery of a sum of money. (2) Under the law of the foreign country where rendered, is final, conclusive, and enforc…

Code Civ. Proc. § 1716 Section 1716

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(a) Except as otherwise provided in subdivisions (b), (c), (d), and (f), a court of this state shall recognize a foreign-country judgment to which this chapter applies. (b) A court of this state shall not recognize a foreign-country judgment if any of the following apply: (1) The…

Code Civ. Proc. § 1717 Section 1717

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(a) For the purpose of paragraph (2) of subdivision (b) of Section 1716, a foreign court lacks personal jurisdiction over a defendant if either of the following conditions is met: (1) The foreign court lacks a basis for exercising personal jurisdiction that would be sufficient ac…

Code Civ. Proc. § 1718 Section 1718

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(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the …

Code Civ. Proc. § 1719 Section 1719

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If the court in a proceeding under Section 1718 finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is both of the fol…

Code Civ. Proc. § 1720 Section 1720

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If a party establishes that an appeal from a foreign-country judgment is pending or will be taken in the foreign country, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant ha…

Code Civ. Proc. § 1721 Section 1721

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An action to recognize a foreign-country judgment shall be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 10 years from the date that the foreign-country judgment became effective in the foreign country. (…

Code Civ. Proc. § 1722 Section 1722

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In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)

Code Civ. Proc. § 1723 Section 1723

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This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter. (Added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)