0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 1392 Section 1392
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The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of this title shall be credited by the Controller to the…
Code Civ. Proc. § 1393 Section 1393
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The proceeds of any transaction by the Controller under the provisions of this chapter, in connection with property received and held by the state under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of this title, for the benefit of unlocated heirs, devi…
Code Civ. Proc. § 1394 Section 1394
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The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the provisions of this title, for the benefit of the persons entitled thereto, shall be credited by the Controller to such perso…
Code Civ. Proc. § 377.10 Section 377.10
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For the purposes of this chapter, “beneficiary of the decedent’s estate” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action…
Code Civ. Proc. § 377.11 Section 377.11
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For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action.
Code Civ. Proc. § 377.20 Section 377.20
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(a) Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the applicable limitations period. (b) This section applies even though a loss or damage occurs simultaneously with or after…
Code Civ. Proc. § 377.21 Section 377.21
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A pending action or proceeding does not abate by the death of a party if the cause of action survives.
Code Civ. Proc. § 377.22 Section 377.22
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Nothing in this chapter shall be construed as affecting the assignability of causes of action.
Code Civ. Proc. § 377.30 Section 377.30
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A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by …
Code Civ. Proc. § 377.31 Section 377.31
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On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest.
Code Civ. Proc. § 377.32 Section 377.32
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(a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state statin…
Code Civ. Proc. § 377.33 Section 377.33
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The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent’s successor in interest as a special administrator or …
Code Civ. Proc. § 377.34 Section 377.34
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(a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive o…
Code Civ. Proc. § 377.35 Section 377.35
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On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation of an action or proceeding commenced by the decedent, regardless of whether the decedent died before, on, or after Janua…
Code Civ. Proc. § 377.40 Section 377.40
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Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, a cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the deced…
Code Civ. Proc. § 377.41 Section 377.41
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On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may n…
Code Civ. Proc. § 377.42 Section 377.42
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In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on a cause of action against the decedent, all damages are recoverable that might have been recovered against the decedent …
Code Civ. Proc. § 377.43 Section 377.43
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This article applies to the commencement on or after January 1, 1993, of an action or proceeding against the decedent’s personal representative or successor in interest, or to the making of a motion on or after January 1, 1993, to continue a pending action or proceeding against t…
Code Civ. Proc. § 377.50 Section 377.50
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An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate as provided in Chapter 1 (commencing with Section 550) of Part 13 of Division 2 of the Probate Code.
Code Civ. Proc. § 377.60 Section 377.60
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A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of…
Code Civ. Proc. § 377.61 Section 377.61
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In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the caus…
Code Civ. Proc. § 377.62 Section 377.62
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(a) An action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect. (b) An action under Section 377.60 and an action under Section 377.31 arising out of the same wrongful act or neglect may be consolidated for tria…
Code Civ. Proc. § 413.10 Section 413.10
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Except as otherwise provided by statute, a summons shall be served on a person: (a) Within this state, as provided in this chapter. (b) Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served…
Code Civ. Proc. § 413.20 Section 413.20
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If a summons is served by mail pursuant to this chapter, the provisions of Section 1013 that extend the time for exercising a right or doing an act shall not extend any time specified in this title.
Code Civ. Proc. § 413.30 Section 413.30
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(a) (1) If no provision is made in this chapter or other law for the service of summons, or if a plaintiff, despite exercising reasonable diligence, has been unable to effect service of the summons by any of the methods authorized under this chapter, the court in which the action…
Code Civ. Proc. § 413.40 Section 413.40
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Any service of summons which complies with the provisions of this chapter shall not be rendered invalid or ineffective because it was made by a person in violation of Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code.
Code Civ. Proc. § 414.10 Section 414.10
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A summons may be served by any person who is at least 18 years of age and not a party to the action.
Code Civ. Proc. § 415.10 Section 415.10
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A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed…
Code Civ. Proc. § 415.20 Section 415.20
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(a) In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10, 416.20, 416.30, 416.40, or 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in the person’s o…
Code Civ. Proc. § 415.21 Section 415.21
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(a) Notwithstanding any other law, any person shall be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s li…
Code Civ. Proc. § 415.30 Section 415.30
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(a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subd…
Code Civ. Proc. § 415.40 Section 415.40
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A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of…
Code Civ. Proc. § 415.45 Section 415.45
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(a) A summons in an action for unlawful detainer of real property may be served by posting if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in any manner specified i…
Code Civ. Proc. § 415.46 Section 415.46
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(a) In addition to the service of a summons and complaint in an action for unlawful detainer upon a tenant and subtenant, if any, as prescribed by this article, a prejudgment claim of right to possession may also be served on any person who appears to be or who may claim to have …
Code Civ. Proc. § 415.47 Section 415.47
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(a) Where the lessee has given the lessor written notice of the lessee’s intent not to abandon leased real property as provided in Section 1951.3 of the Civil Code, the summons in an action for unlawful detainer of the real property may be served on the lessee by certified mail, …
Code Civ. Proc. § 415.50 Section 415.50
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(a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: (1) A cause …
Code Civ. Proc. § 415.95 Section 415.95
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(a) A summons may be served on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours with the person who is apparently in charge of the office of that business organization, and by thereafter mailing a copy of the summons …
Code Civ. Proc. § 416.10 Section 416.10
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A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods: (a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (…
Code Civ. Proc. § 416.20 Section 416.20
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A summons may be served on a corporation that has forfeited its charter or right to do business, or has dissolved, by delivering a copy of the summons and of the complaint: (a) To a person who is a trustee of the corporation and of its stockholders or members; or (b) When authori…
Code Civ. Proc. § 416.30 Section 416.30
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A summons may be served on a joint stock company or association by delivering a copy of the summons and of the complaint as provided by Section 416.10 or 416.20.
Code Civ. Proc. § 416.40 Section 416.40
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A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint: (a) If the association is a general or limited partnership, to the person designated as agent for service of process in a statement filed w…
Code Civ. Proc. § 416.50 Section 416.50
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(a) A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, presiding officer, or other head of its governing body. (b) As used in this section, “public entity” includes the state and any office, depa…
Code Civ. Proc. § 416.60 Section 416.60
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A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with who…
Code Civ. Proc. § 416.70 Section 416.70
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A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause s…
Code Civ. Proc. § 416.80 Section 416.80
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When authorized by Section 12 of the Elections Code, a summons may be served as provided by that section.
Code Civ. Proc. § 416.90 Section 416.90
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A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person or to a person authorized by him to receive service of process.
Code Civ. Proc. § 417.10 Section 417.10
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Proof that a summons was served on a person within this state shall be made: (a) If served under Section 415.10, 415.20, 415.30, or 415.45, by the affidavit of the person making the service showing the time, place, and manner of service and facts showing that the service was made…
Code Civ. Proc. § 417.20 Section 417.20
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Proof that a summons was served on a person outside this state shall be made: (a) If served in a manner specified in a statute of this state, as prescribed by Section 417.10, and if service is made by mail pursuant to Section 415.40, proof of service shall include evidence satisf…
Code Civ. Proc. § 417.30 Section 417.30
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After a summons has been served on a person, proof of service of the summons as provided in Section 417.10 or 417.20 shall be filed, unless the defendant has previously made a general appearance.
Code Civ. Proc. § 417.40 Section 417.40
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(a) A proof of service that is signed by a person who is required to be registered under Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or the person’s employee or independent contractor shall indicate the number assigned to the pers…