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- California Code Of Civil Procedure Section 1
This act shall be known as the Code of Civil Procedure, and is divided into four parts, as follows: Part I. Of Courts of Justice....
- California Code Of Civil Procedure Section 2
This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three.
- California Code Of Civil Procedure Section 3
No part of it is retroactive, unless expressly so declared.
- California Code Of Civil Procedure Section 4
The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes...
- California Code Of Civil Procedure Section 5
The provisions of this Code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as...
- California Code Of Civil Procedure Section 6
All persons who at the time this Code takes effect hold office under any of the Acts repealed, continue to hold the same according to...
- California Code Of Civil Procedure Section 7
When any office is abolished by the repeal of any Act, and such Act is not in substance reenacted or continued in either of the...
- California Code Of Civil Procedure Section 8
No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform...
- California Code Of Civil Procedure Section 10
Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section
- California Code Of Civil Procedure Section 11
Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the...
- California Code Of Civil Procedure Section 12
The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless...
- California Code Of Civil Procedure Section 12a
(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time...
- California Code Of Civil Procedure Section 12b
If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business...
- California Code Of Civil Procedure Section 13
Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon...
- California Code Of Civil Procedure Section 13a
Any act required by law to be performed on a particular day or within a specified period of time may be performed (but is not...
- California Code Of Civil Procedure Section 13b
Any act required by law to be performed on a particular day or within a specified period may be performed (but is not hereby required...
- California Code Of Civil Procedure Section 14
When the seal of a Court, public officer, or person is required by law to be affixed to any paper, the word "seal" includes an...
- California Code Of Civil Procedure Section 15
Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them,...
- California Code Of Civil Procedure Section 16
Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as...
- California Code Of Civil Procedure Section 17
(a) Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include...
- California Code Of Civil Procedure Section 18
No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in...
- California Code Of Civil Procedure Section 19
This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as "THE CODE OF CIVIL PROCEDURE ," adding, when necessary, the number...
- California Code Of Civil Procedure Section 20
Judicial remedies are such as are administered by the Courts of justice, or by judicial officers empowered for that purpose by the Constitution and statutes...
- California Code Of Civil Procedure Section 21
These remedies are divided into two classes: 1. Actions; and, 2. Special proceedings.
- California Code Of Civil Procedure Section 22
An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a...
- California Code Of Civil Procedure Section 23
Every other remedy is a special proceeding.
- California Code Of Civil Procedure Section 24
Actions are of two kinds: 1. Civil; and, 2. Criminal.
- California Code Of Civil Procedure Section 25
A civil action arises out of: 1. An obligation; 2. An injury. (26.) Section Twenty-six. An obligation is a legal duty, by which one person...
- California Code Of Civil Procedure Section 27
An injury is of two kinds: 1. To the person; and, 2. To property.
- California Code Of Civil Procedure Section 28
An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it.
- California Code Of Civil Procedure Section 29
Every other injury is an injury to the person.
- California Code Of Civil Procedure Section 30
A civil action is prosecuted by one party against another for the declaration, enforcement or protection of a right, or the redress or prevention of...
- California Code Of Civil Procedure Section 31
THE PENAL CODE defines and provides for the prosecution of a criminal action.
- California Code Of Civil Procedure Section 32
When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the
- California Code Of Civil Procedure Section 32.5
The "jurisdictional classification" of a case means its classification as a limited civil case or an unlimited civil case.
- California Code Of Civil Procedure Section 33
A prosecuting attorney, in his or her discretion, may assist in the civil resolution of a violation of an offense described in Title 13 (commencing...
- California Code Of Civil Procedure Section 35
Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of...
- California Code Of Civil Procedure Section 36
(a) A party to a civil action who is over the age of 70 years may petition the court for a preference, which the court...
- California Code Of Civil Procedure Section 36.5
An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party...
- California Code Of Civil Procedure Section 37
(a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to...
- California Code Of Civil Procedure Section 38
Unless the provision or context otherwise requires, a reference in a statute to a judicial district means: (a) As it relates to a court of...
- California Code Of Civil Procedure Section 41
The Supreme Court and the courts of appeal may transact business at any time.
- California Code Of Civil Procedure Section 42
Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Supreme...
- California Code Of Civil Procedure Section 43
The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment...
- California Code Of Civil Procedure Section 44
Appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or...
- California Code Of Civil Procedure Section 45
An appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody and control, or denying a...
- California Code Of Civil Procedure Section 71
The process of superior courts shall extend throughout the state.
- California Code Of Civil Procedure Section 73c
Notwithstanding anything to the contrary contained in any other law of this state, the judges of the superior court of the county in which is...
- California Code Of Civil Procedure Section 73d
Whenever, under Section 73c, it becomes necessary for a judge, clerk, deputy clerk, court reporter or bailiff of or sitting in the superior court of...
- California Code Of Civil Procedure Section 73e
Notwithstanding any other provisions of law, in each county wherein the juvenile hall is not located at the county seat of the county, a majority...
- California Code Of Civil Procedure Section 74
Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Court...
- California Code Of Civil Procedure Section 75
The superior court in any county may by rule provide that, whenever all judges are absent from the county, any noncontested matter in which no...
- California Code Of Civil Procedure Section 77
(a) In every county and city and county, there is an appellate division of the superior court consisting of three judges or, when the Chief...
- California Code Of Civil Procedure Section 85
An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute...
- California Code Of Civil Procedure Section 86
(a) The following civil cases and proceedings are limited civil cases: (1) Cases at law in which the demand, exclusive of interest, or the value...
- California Code Of Civil Procedure Section 86.1
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...
- California Code Of Civil Procedure Section 87
(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...
- California Code Of Civil Procedure Section 88
A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case.
- California Code Of Civil Procedure Section 89
(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...
- California Code Of Civil Procedure Section 90
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.
- California Code Of Civil Procedure Section 91
(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...
- California Code Of Civil Procedure Section 92
(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...
- California Code Of Civil Procedure Section 93
(a) The plantiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include...
- California Code Of Civil Procedure Section 93
(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...
- California Code Of Civil Procedure Section 94
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...
- California Code Of Civil Procedure Section 95
(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...
- California Code Of Civil Procedure Section 96
(a) Any party may serve on any other party a request in substantially the following form: TO: ________________________________________________, attorney for ___________________________________: You are requested to...
- California Code Of Civil Procedure Section 97
(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...
- California Code Of Civil Procedure Section 98
A party may, in lieu of presenting direct testimony, offer the prepared testimony of revelant witnesses in the form of affidavits or declarations under penalty...
- California Code Of Civil Procedure Section 99
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...
- California Code Of Civil Procedure Section 100
Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.
- California Code Of Civil Procedure Section 116.110
This chapter shall be known and may be cited as "The Small Claims Act."
- California Code Of Civil Procedure Section 116.120
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...
- California Code Of Civil Procedure Section 116.130
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...
- California Code Of Civil Procedure Section 116.140
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...
- California Code Of Civil Procedure Section 116.210
In each superior court there shall be a small claims division. The small claims division may be known as the small claims court.
- California Code Of Civil Procedure Section 116.220
(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,...
- California Code Of Civil Procedure Section 116.221
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...
- California Code Of Civil Procedure Section 116.221
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...
- California Code Of Civil Procedure Section 116.222
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...
- California Code Of Civil Procedure Section 116.222
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...
- California Code Of Civil Procedure Section 116.225
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...
- California Code Of Civil Procedure Section 116.230
(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...
- California Code Of Civil Procedure Section 116.231
(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...
- California Code Of Civil Procedure Section 116.232
A fee of ten dollars ($10) shall be charged and collected from the plaintiff for each defendant to whom the court clerk mails a copy...
- California Code Of Civil Procedure Section 116.240
(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...
- California Code Of Civil Procedure Section 116.250
(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)...
- California Code Of Civil Procedure Section 116.260
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...
- California Code Of Civil Procedure Section 116.270
Any small claims division may use law clerks to assist the judge with legal research of small claims cases.
- California Code Of Civil Procedure Section 116.310
(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...
- California Code Of Civil Procedure Section 116.320
(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...
- California Code Of Civil Procedure Section 116.330
(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...
- California Code Of Civil Procedure Section 116.340
(a) Service of the claim and order on the defendant may be made by any one of the following methods: (1) The clerk may cause...
- California Code Of Civil Procedure Section 116.360
(a) The defendant may file a claim against the plaintiff in the same action in an amount not to exceed the jurisdictional limits stated in...
- California Code Of Civil Procedure Section 116.370
(a) Venue and court location requirements in small claims actions shall be the same as in other civil actions. The court may prescribe by local...
- California Code Of Civil Procedure Section 116.390
(a) If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and the claim...
- California Code Of Civil Procedure Section 116.410
(a) Any person who is at least 18 years of age, or legally emancipated, and mentally competent may be a party to a small claims...
- California Code Of Civil Procedure Section 116.420
(a) No claim shall be filed or maintained in small claims court by the assignee of the claim. (b) This section does not prevent the...
- California Code Of Civil Procedure Section 116.430
(a) If the plaintiff operates or does business under a fictitious business name and the claim relates to that business, the claim shall be accompanied...
- California Code Of Civil Procedure Section 116.510
The hearing and disposition of the small claims action shall be informal, the object being to dispense justice promptly, fairly, and inexpensively.
- California Code Of Civil Procedure Section 116.520
(a) The parties have the right to offer evidence by witnesses at the hearing or, with the permission of the court, at another time. (b)...
- California Code Of Civil Procedure Section 116.530
(a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action. (b) Subdivision (a)...
- California Code Of Civil Procedure Section 116.531
Nothing in this article shall prevent a representative of an insurer or other expert in the matter before the small claims court from rendering assistance...
- California Code Of Civil Procedure Section 116.540
(a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of...
- California Code Of Civil Procedure Section 116.541
(a) Notwithstanding Section 116.540 or any other provision of law, the Department of Corrections or the Department of the Youth Authority may appear and participate...
- California Code Of Civil Procedure Section 116.550
(a) If the court determines that a party does not speak or understand English sufficiently to comprehend the proceedings or give testimony, and needs assistance...
- California Code Of Civil Procedure Section 116.560
(a) Whenever a claim that is filed against a person operating or doing business under a fictitious business name relates to the defendant's business, the...
- California Code Of Civil Procedure Section 116.570
(a) Any party may submit a written request to postpone a hearing date for good cause. (1) The written request may be made either by...
- California Code Of Civil Procedure Section 116.610
(a) The small claims court shall give judgment for damages, or equitable relief, or both damages and equitable relief, within the jurisdictional limits stated in...
- California Code Of Civil Procedure Section 116.620
(a) The judgment debtor shall pay the amount of the judgment either immediately or at the time and upon the terms and conditions, including payment...
- California Code Of Civil Procedure Section 116.630
The court may, at any time after judgment, for good cause, upon motion by a party and notice by the clerk to all affected parties...
- California Code Of Civil Procedure Section 116.710
(a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff's claim, but a plaintiff who did...
- California Code Of Civil Procedure Section 116.720
(a) A plaintiff who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the...
- California Code Of Civil Procedure Section 116.725
(a) A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect...
- California Code Of Civil Procedure Section 116.730
(a) A defendant who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the...
- California Code Of Civil Procedure Section 116.740
(a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small...
- California Code Of Civil Procedure Section 116.745
The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.
- California Code Of Civil Procedure Section 116.750
(a) An appeal from a judgment in a small claims action is taken by filing a notice of appeal with the clerk of the small...
- California Code Of Civil Procedure Section 116.760
(a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal. (b) A party who does not appeal...
- California Code Of Civil Procedure Section 116.770
(a) The appeal to the superior court shall consist of a new hearing before a judicial officer other than the judicial officer who heard the...
- California Code Of Civil Procedure Section 116.780
(a) The judgment of the superior court after a hearing on appeal is final and not appealable. (b) Article 6 (commencing with Section 116.610) on...
- California Code Of Civil Procedure Section 116.790
If the superior court finds that the appeal was without substantial merit and not based on good faith, but was intended to harass or delay...
- California Code Of Civil Procedure Section 116.795
(a) The superior court may dismiss the appeal if the appealing party does not appear at the hearing or if the appeal is not heard...
- California Code Of Civil Procedure Section 116.810
(a) Enforcement of the judgment of a small claims court, including the issuance or recording of any abstract of the judgment, is automatically suspended, without...
- California Code Of Civil Procedure Section 116.820
(a) The judgment of a small claims court may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 and in...
- California Code Of Civil Procedure Section 116.830
(a) At the time judgment is rendered, or notice of entry of the judgment is mailed to the parties, the clerk shall deliver or mail...
- California Code Of Civil Procedure Section 116.840
(a) At the option of the judgment debtor, payment of the judgment may be made either (1) to the judgment creditor in accordance with Section...
- California Code Of Civil Procedure Section 116.850
(a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor's assignee of record, then immediately upon receipt...
- California Code Of Civil Procedure Section 116.860
(a) A judgment debtor who desires to make payment to the court in which the judgment was entered may file a request to make payment,...
- California Code Of Civil Procedure Section 116.870
Sections 16250 to 16381, inclusive, of the Vehicle Code, regarding the suspension of the judgment debtor's privilege to operate a motor vehicle for failing to...
- California Code Of Civil Procedure Section 116.880
(a) If the judgment (1) was for seven hundred fifty dollars ($750) or less, (2) resulted from a motor vehicle accident occurring on a California...
- California Code Of Civil Procedure Section 116.920
(a) The Judicial Council shall provide by rule for the practice and procedure and for the forms and their use in small claims actions. The...
- California Code Of Civil Procedure Section 116.930
(a) Each small claims division shall provide in each courtroom in which small claims actions are heard a current copy of a publication describing small...
- California Code Of Civil Procedure Section 116.940
(a) Except as otherwise provided in this section or in rules adopted by the Judicial Council, which are consistent with the requirements of this section,...
- California Code Of Civil Procedure Section 116.950
(a) This section shall become operative only if the Department of Consumer Affairs determines that sufficient private or public funds are available in addition to...
- California Code Of Civil Procedure Section 124
Except as provided in Section 214 of the Family Code or any other provision of law, the sittings of every court shall be public.
- California Code Of Civil Procedure Section 128
(a) Every court shall have the power to do all of the following: (1) To preserve and enforce order in its immediate presence. (2) To...
- California Code Of Civil Procedure Section 128.5
(a) Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney' s fees, incurred by another...
- California Code Of Civil Procedure Section 128.6
(a) Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney' s fees, incurred by another...
- California Code Of Civil Procedure Section 128.7
(a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's...
- California Code Of Civil Procedure Section 129
Notwithstanding any other provision of law, no copy, reproduction, or facsimile of any kind shall be made of any photograph, negative, or print, including instant...
- California Code Of Civil Procedure Section 133
Courts of justice may be held and judicial business transacted on any day, except as provided in this article.
- California Code Of Civil Procedure Section 134
(a) Except as provided in subdivision (c), the courts shall be closed for the transaction of judicial business on judicial holidays for all but the...
- California Code Of Civil Procedure Section 135
Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be...
- California Code Of Civil Procedure Section 136
If a day appointed for the holding or sitting of a court, or to which it is adjourned, falls on a judicial holiday, it shall...
- California Code Of Civil Procedure Section 139
If no judge attends on the day appointed for the holding or sitting of a court, or on the day to which it may have...
- California Code Of Civil Procedure Section 153
Except as otherwise expressly provided by law, the seal of a court need not be affixed to any proceeding therein, or to any document, except...
- California Code Of Civil Procedure Section 165
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...
- California Code Of Civil Procedure Section 166
(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...
- California Code Of Civil Procedure Section 166.1
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...
- California Code Of Civil Procedure Section 167
Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof.
- California Code Of Civil Procedure Section 170
A judge has a duty to decide any proceeding in which he or she is not disqualified.
- California Code Of Civil Procedure Section 170.1
(a) A judge shall be disqualified if any one or more of the following is true: (1) (A) The judge has personal knowledge of disputed...
- California Code Of Civil Procedure Section 170.2
It shall not be grounds for disqualification that the judge: (a) Is or is not a member of a racial, ethnic, religious, sexual or similar...
- California Code Of Civil Procedure Section 170.3
(a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or...
- California Code Of Civil Procedure Section 170.4
(a) A disqualified judge, notwithstanding his or her disqualification may do any of the following: (1) Take any action or issue any order necessary to...
- California Code Of Civil Procedure Section 170.5
For the purposes of Sections 170 to 170.5, inclusive, the following definitions apply: (a) "Judge" means judges of the superior courts, and court commissioners and...
- California Code Of Civil Procedure Section 170.6
(a) (1) No judge, court commissioner, or referee of any superior court of the State of California shall try any civil or criminal action or...
- California Code Of Civil Procedure Section 170.7
Section 170.6 does not apply to a judge designated or assigned to serve on the appellate division of a superior court in the judge's capacity...
- California Code Of Civil Procedure Section 170.8
When there is no judge of a court qualified to hear an action or proceeding, the clerk shall forthwith notify the Chairman of the Judicial...
- California Code Of Civil Procedure Section 170.9
(a) No judge shall accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars...
- California Code Of Civil Procedure Section 177
Every judicial officer shall have power: 1. To preserve and enforce order in his immediate presence, and in proceedings before him, when he is engaged...
- California Code Of Civil Procedure Section 177.5
A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500), notwithstanding any other provision of law,...
- California Code Of Civil Procedure Section 178
For the effectual exercise of the powers conferred by the last section, a judicial officer may punish for contempt in the cases provided in this
- California Code Of Civil Procedure Section 179
Each of the justices of the Supreme Court and of any court of appeal and the judges of the superior courts, shall have power in...
- California Code Of Civil Procedure Section 182
The heading to this chapter shall not be deemed to govern or limit the scope or meaning of this chapter.
- California Code Of Civil Procedure Section 184
No proceeding in any court of justice, in an action or special proceeding pending therein, shall be affected by a vacancy in the office of...
- California Code Of Civil Procedure Section 185
(a) Every written proceeding in a court of justice in this state shall be in the English language, and judicial proceedings shall be conducted, preserved,...
- California Code Of Civil Procedure Section 186
Such abbreviations as are in common use may be used, and numbers may be expressed by figures or numerals in the customary manner.
- California Code Of Civil Procedure Section 187
When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary...
- California Code Of Civil Procedure Section 190
This chapter shall be known and may be cited as the Trial Jury Selection and Management Act.
- California Code Of Civil Procedure Section 191
The Legislature recognizes that trial by jury is a cherished constitutional right, and that jury service is an obligation of citizenship. It is the policy...
- California Code Of Civil Procedure Section 192
This chapter applies to the selection of jurors, and the formation of trial juries, for both civil and criminal cases, in all trial courts of...
- California Code Of Civil Procedure Section 193
Juries are of three kinds: (a) Grand juries established pursuant to Title 4 (commencing with Section 888) of Part 2 of the Penal Code. (b)...
- California Code Of Civil Procedure Section 194
The following definitions govern the construction of this chapter: (a) "County" means any county or any coterminous city and county. (b) "Court" means a superior...
- California Code Of Civil Procedure Section 195
(a) In each county, there shall be one jury commissioner who shall be appointed by, and serve at the pleasure of, a majority of the...
- California Code Of Civil Procedure Section 196
(a) The jury commissioner or the court shall inquire as to the qualifications of persons on the master list or source list who are or...
- California Code Of Civil Procedure Section 197
(a) All persons selected for jury service shall be selected at random, from a source or sources inclusive of a representative cross section of the...
- California Code Of Civil Procedure Section 198
(a) Random selection shall be utilized in creating master and qualified juror lists, commencing with selection from source lists, and continuing through selection of prospective...
- California Code Of Civil Procedure Section 198.5
If sessions of the superior court are held in a location other than the county seat, the names for master jury lists and qualified jury...
- California Code Of Civil Procedure Section 201
In any superior court, a separate trial jury panel may be drawn, summoned, and impaneled for each judge, or any one panel may be drawn,...
- California Code Of Civil Procedure Section 202
Mechanical, electric, or electronic equipment, which in the opinion of the jury commissioner is satisfactory therefor, may be used in the performance of any function...
- California Code Of Civil Procedure Section 203
(a) All persons are eligible and qualified to be prospective trial jurors, except the following: (1) Persons who are not citizens of the United States....
- California Code Of Civil Procedure Section 204
(a) No eligible person shall be exempt from service as a trial juror by reason of occupation, economic status, or any characteristic listed or defined...
- California Code Of Civil Procedure Section 205
(a) If a jury commissioner requires a person to complete a questionnaire, the questionnaire shall ask only questions related to juror identification, qualification, and ability...
- California Code Of Civil Procedure Section 206
(a) Prior to discharging the jury from the case, the judge in a criminal action shall inform the jurors that they have an absolute right...
- California Code Of Civil Procedure Section 207
(a) The jury commissioner shall maintain records regarding selection, qualification, and assignment of prospective jurors. (b) The jury commissioner shall maintain records providing a clear...
- California Code Of Civil Procedure Section 208
The jury commissioner shall estimate the number of prospective jurors that may be required to serve the needs of the court, and shall summon prospective...
- California Code Of Civil Procedure Section 209
(a) Any prospective trial juror who has been summoned for service, and who fails to attend as directed or to respond to the court or...
- California Code Of Civil Procedure Section 209
Any prospective trial juror who has been summoned for service, and who fails to attend the court as directed or to respond to the court...
- California Code Of Civil Procedure Section 210
The summons shall contain the date, time, and place of appearance required of the prospective juror or, alternatively, instructions as to the procedure for calling...
- California Code Of Civil Procedure Section 210.5
The Judicial Council shall adopt a standardized jury summons for use, with appropriate modifications, around the state, that is understandable and has consumer appeal. The...
- California Code Of Civil Procedure Section 211
When a court has no prospective jurors remaining available for voir dire from panels furnished by, or available from, the jury commissioner, and finds that...
- California Code Of Civil Procedure Section 213
Unless excused by reason of undue hardship, all or any portion of the summoned prospective jurors shall be available on one-hour notice by telephone to...
- California Code Of Civil Procedure Section 214
The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror...
- California Code Of Civil Procedure Section 215
(a) Except as provided in subdivision (b), on and after July 1, 2000, the fee for jurors in the superior court, in civil and criminal...
- California Code Of Civil Procedure Section 216
(a) At each court facility where jury cases are heard, the board of supervisors shall provide a deliberation room or rooms for use of jurors...
- California Code Of Civil Procedure Section 217
In criminal cases only, while the jury is kept together, either during the progress of the trial or after their retirement for deliberation, the court...
- California Code Of Civil Procedure Section 218
The jury commissioner shall hear the excuses of jurors summoned, in accordance with the standards prescribed by the Judicial Council. It shall be left to...
- California Code Of Civil Procedure Section 219
(a) Except as provided in subdivision (b), the jury commissioner shall randomly select jurors for jury panels to be sent to courtrooms for voir dire....
- California Code Of Civil Procedure Section 219.5
The Judicial Council shall adopt a rule of court, on or before January 1, 2005, requiring the trial courts to establish procedures for jury service...
- California Code Of Civil Procedure Section 220
A trial jury shall consist of 12 persons, except that in civil actions and cases of misdemeanor, it may consist of 12 or any number...
- California Code Of Civil Procedure Section 222
(a) Except as provided in subdivision (b), when an action is called for trial by jury, the clerk shall randomly select the names of the...
- California Code Of Civil Procedure Section 222.5
To select a fair and impartial jury in civil jury trials, the trial judge shall examine the prospective jurors. Upon completion of the judge's initial...
- California Code Of Civil Procedure Section 223
In a criminal case, the court shall conduct an initial examination of prospective jurors. The court may submit to the prospective jurors additional questions requested...
- California Code Of Civil Procedure Section 224
(a) If a party does not cause the removal by challenge of an individual juror who is deaf, hearing impaired, blind, visually impaired, or speech...
- California Code Of Civil Procedure Section 225
A challenge is an objection made to the trial jurors that may be taken by any party to the action, and is of the following...
- California Code Of Civil Procedure Section 226
(a) A challenge to an individual juror may only be made before the jury is sworn. (b) A challenge to an individual juror may be...
- California Code Of Civil Procedure Section 227
The challenges of either party for cause need not all be taken at once, but they may be taken separately, in the following order, including...
- California Code Of Civil Procedure Section 228
Challenges for general disqualification may be taken on one or both of the following grounds, and for no other: (a) A want of any of...
- California Code Of Civil Procedure Section 229
A challenge for implied bias may be taken for one or more of the following causes, and for no other: (a) Consanguinity or affinity within...
- California Code Of Civil Procedure Section 230
Challenges for cause shall be tried by the court. The juror challenged and any other person may be examined as a witness in the trial...
- California Code Of Civil Procedure Section 231
(a) In criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant is entitled...
- California Code Of Civil Procedure Section 231.5
A party may not use a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased...
- California Code Of Civil Procedure Section 232
(a) Prior to the examination of prospective trial jurors in the panel assigned for voir dire, the following perjury acknowledgement and agreement shall be obtained...
- California Code Of Civil Procedure Section 233
If, before the jury has returned its verdict to the court, a juror becomes sick or, upon other good cause shown to the court, is...
- California Code Of Civil Procedure Section 234
Whenever, in the opinion of a judge of a superior court about to try a civil or criminal action or proceeding, the trial is likely...
- California Code Of Civil Procedure Section 235
At the request of the sheriff, coroner, or other ministerial officer, the jury commissioner shall provide such prospective jurors as may be required to form...
- California Code Of Civil Procedure Section 236
When six or more prospective jurors of inquest attend, they shall be sworn by the coroner to inquire who the person was, and when, where,...
- California Code Of Civil Procedure Section 237
(a) (1) The names of qualified jurors drawn from the qualified juror list for the superior court shall be made available to the public upon...
- California Code Of Civil Procedure Section 259
Subject to the supervision of the court, every court commissioner shall have power to do all of the following: (a) Hear and determine ex parte...
- California Code Of Civil Procedure Section 262
No direction or authority by a party or his attorney to a sheriff, in respect to the execution of process or return thereof, or to...
- California Code Of Civil Procedure Section 262.1
A sheriff or other ministerial officer is justified in the execution of, and shall execute, all process and orders regular on their face and issued...
- California Code Of Civil Procedure Section 262.2
Except as otherwise provided, the officer executing process shall, so long as he retains the original process, show it to any person interested therein upon...
- California Code Of Civil Procedure Section 262.3
When any process remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the...
- California Code Of Civil Procedure Section 262.4
When the sheriff sells real estate, under and by virtue of an execution or order of court, he or his successors in office shall execute...
- California Code Of Civil Procedure Section 262.5
Service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or...
- California Code Of Civil Procedure Section 262.6
When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the...
- California Code Of Civil Procedure Section 262.7
When any action is begun against the sheriff, all process and orders may be served by any person, a citizen of the United States over...
- California Code Of Civil Procedure Section 262.8
Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court, or the judge...
- California Code Of Civil Procedure Section 262.9
When process is delivered to an elisor, he shall execute and return it in the same manner as the sheriff is required to execute similar
- California Code Of Civil Procedure Section 262.10
Whenever process is executed, or any act performed by a coroner or elisor, he shall receive a reasonable compensation, to be fixed by the court,...
- California Code Of Civil Procedure Section 262.11
In all cases where new counties have been or may hereafter be created, and executions, orders of sale upon foreclosures of mortgages, or other process...
- California Code Of Civil Procedure Section 269
(a) An official reporter or official reporter pro tempore of the superior court shall take down in shorthand all testimony, objections made, rulings of the...
- California Code Of Civil Procedure Section 271
(a) Any court, party, or other person entitled to a transcript may request that it be delivered in computer-readable form, except that an original transcript...
- California Code Of Civil Procedure Section 273
(a) The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being...
- California Code Of Civil Procedure Section 274a
Any judge of the superior court may have any opinion given or rendered by the judge in the trial of a felony case or an...
- California Code Of Civil Procedure Section 283
An attorney and counselor shall have authority: 1. To bind his client in any of the steps of an action or proceeding by his agreement...
- California Code Of Civil Procedure Section 284
The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon...
- California Code Of Civil Procedure Section 285
When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or...
- California Code Of Civil Procedure Section 285.1
An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void...
- California Code Of Civil Procedure Section 285.2
If a reduction in public funding for legal service materially impairs a legal service agency attorney's ability to represent an indigent client, the court, on...
- California Code Of Civil Procedure Section 285.3
The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may toll the running of any statute of limitations, filing requirement,...
- California Code Of Civil Procedure Section 285.4
The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may appoint any member of the bar or any law firm...
- California Code Of Civil Procedure Section 286
When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action, for whom he was acting...
- California Code Of Civil Procedure Section 307
There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of...
- California Code Of Civil Procedure Section 308
In such action the party complaining is known as the plaintiff, and the adverse party as the defendant.
- California Code Of Civil Procedure Section 309
A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly...
- California Code Of Civil Procedure Section 312
Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where,...
- California Code Of Civil Procedure Section 313
The general procedure for the presentation of claims as a prerequisite to commencement of actions for money or damages against the State of California, counties,...
- California Code Of Civil Procedure Section 315
The people of this State will not sue any person for or in respect to any real property, or the issues or profits thereof, by...
- California Code Of Civil Procedure Section 316
No action can be brought for or in respect to real property by any person claiming under letters patent or grants from this State, unless...
- California Code Of Civil Procedure Section 318
No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff,...
- California Code Of Civil Procedure Section 319
No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the...
- California Code Of Civil Procedure Section 320
No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such...
- California Code Of Civil Procedure Section 321
In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to...
- California Code Of Civil Procedure Section 322
When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of...
- California Code Of Civil Procedure Section 323
For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land...
- California Code Of Civil Procedure Section 324
Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not...
- California Code Of Civil Procedure Section 325
For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed...
- California Code Of Civil Procedure Section 326
When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until...
- California Code Of Civil Procedure Section 327
The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death...
- California Code Of Civil Procedure Section 328
If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make...
- California Code Of Civil Procedure Section 328.5
If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make...
- California Code Of Civil Procedure Section 329
The time within which an action for the foreclosure of a lien securing an assessment against real property for street improvements, the proceedings for which...
- California Code Of Civil Procedure Section 329.5
The validity of an assessment or supplemental assessment against real property for public improvements, the proceedings for which are prescribed by the legislative body of...
- California Code Of Civil Procedure Section 330
In all cases in which there is now vested or there shall hereafter be vested in a treasurer, street superintendent, or other public official the...
- California Code Of Civil Procedure Section 335
The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:
- California Code Of Civil Procedure Section 335.1
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect...
- California Code Of Civil Procedure Section 336
Within five years: (a) An action for mesne profits of real property. (b) An action for violation of a restriction, as defined in Section 784...
- California Code Of Civil Procedure Section 336a
Within six years. 1. An action upon any bonds, notes or debentures issued by any corporation or pursuant to permit of the Commissioner of Corporations,...
- California Code Of Civil Procedure Section 337
Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of...
- California Code Of Civil Procedure Section 337a
The term "book account" means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising...
- California Code Of Civil Procedure Section 337.1
(a) Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications,...
- California Code Of Civil Procedure Section 337.15
(a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or...
- California Code Of Civil Procedure Section 337.2
Where a lease of real property is in writing, no action shall be brought under Section 1951.2 of the Civil Code more than four years...
- California Code Of Civil Procedure Section 337.5
Within 10 years: 1. An action upon any bonds or coupons issued by the State of California. 2. An action upon any general obligation bonds...
- California Code Of Civil Procedure Section 337.6
Notwithstanding the provisions of Section 337.5 of this code actions may be brought on bonds or coupons as set forth in subsection 2 of said...
- California Code Of Civil Procedure Section 338
Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or...
- California Code Of Civil Procedure Section 338.1
An action for civil penalties or punitive damages authorized under Chapter 6.5 (commencing with Section 25100), Chapter 6.7 (commencing with Section 25280), or Chapter 6.8...
- California Code Of Civil Procedure Section 339
Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725...
- California Code Of Civil Procedure Section 339.5
Where a lease of real property is not in writing, no action shall be brought under Section 1951.2 of the Civil Code more than two...
- California Code Of Civil Procedure Section 340
Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an...
- California Code Of Civil Procedure Section 340.1
(a) In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be...
- California Code Of Civil Procedure Section 340.15
(a) In any civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be...
- California Code Of Civil Procedure Section 340.2
(a) In any civil action for injury or illness based upon exposure to asbestos, the time for the commencement of the action shall be the...
- California Code Of Civil Procedure Section 340.3
(a) Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant's commission of...
- California Code Of Civil Procedure Section 340.35
(a) This section shall apply if both of the following conditions are met: (1) A complaint, information, or indictment was filed in a criminal case...
- California Code Of Civil Procedure Section 340.4
An action by or on behalf of a minor for personal injuries sustained before or in the course of his or her birth must be...
- California Code Of Civil Procedure Section 340.5
In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of...
- California Code Of Civil Procedure Section 340.6
(a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall...
- California Code Of Civil Procedure Section 340.7
Notwithstanding Section 335.1, any civil action brought by, or on behalf of, any Dalkon Shield victim against the Dalkon Shield Claimants' Trust, shall be brought...
- California Code Of Civil Procedure Section 340.8
(a) In any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the...
- California Code Of Civil Procedure Section 340.9
(a) Notwithstanding any other provision of law or contract, any insurance claim for damages arising out of the Northridge earthquake of 1994 which is barred...
- California Code Of Civil Procedure Section 340.10
(a) For purposes of this section, "terrorist victim" means any individual who died or was injured as a consequence of the terrorist-related aircraft crashes of...
- California Code Of Civil Procedure Section 341
Within six months: An action against an officer, or officer de facto: 1. To recover any goods, wares, merchandise, or other property, seized by any...
- California Code Of Civil Procedure Section 341.5
Notwithstanding any other provision of law, any action or proceeding in which a county, city, city and county, school district, special district, or any other...
- California Code Of Civil Procedure Section 341a
All civil actions for the recovery or conversion of personal property, wearing apparel, trunks, valises or baggage alleged to have been left at a hotel,...
- California Code Of Civil Procedure Section 342
An action against a public entity upon a cause of action for which a claim is required to be presented in accordance with Chapter 1...
- California Code Of Civil Procedure Section 343
An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.
- California Code Of Civil Procedure Section 344
In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties,...
- California Code Of Civil Procedure Section 345
The limitations prescribed in this chapter apply to actions brought in the name of the state or county or for the benefit of the state...
- California Code Of Civil Procedure Section 346
An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or...
- California Code Of Civil Procedure Section 347
If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain...
- California Code Of Civil Procedure Section 348
To actions brought to recover money or other property deposited with any bank, banker, trust company, building and loan association, or savings and loan society...
- California Code Of Civil Procedure Section 349
Any action to contest an assessment levied by the legislative body of any municipality under the terms of the 'Local Improvement Act of 1901," must...
- California Code Of Civil Procedure Section 349.1
The validity of any acts or proceedings taken under color of law for the formation, organization, incorporation, dissolution, consolidation, change of organization or reorganization of,...
- California Code Of Civil Procedure Section 349.2
Where any acts or proceedings are taken under color of law by or on behalf of any city, county, city and county, special district, public...
- California Code Of Civil Procedure Section 349.4
All acts and proceedings heretofore or hereafter taken under color of law for the formation, organization or incorporation of, or for any change in the...
- California Code Of Civil Procedure Section 350
An action is commenced, within the meaning of this Title, when the complaint is filed.
- California Code Of Civil Procedure Section 351
If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein...
- California Code Of Civil Procedure Section 352
(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action...
- California Code Of Civil Procedure Section 352.1
(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335), is, at the time the cause of action...
- California Code Of Civil Procedure Section 352.5
If, after a cause of action accrues against a person, that person comes under an order for restitution as a condition of probation with respect...
- California Code Of Civil Procedure Section 353.1
If a person entitled to bring an action or other proceeding, which action or other proceeding has not been filed or otherwise instituted, is represented...
- California Code Of Civil Procedure Section 354
When a person is, by reason of the existence of a state of war, under a disability to commence an action, the time of the...
- California Code Of Civil Procedure Section 354.3
(a) The following definitions govern the construction of this section: (1) "Entity" means any museum or gallery that displays, exhibits, or sells any article of...
- California Code Of Civil Procedure Section 354.4
(a) The following definitions govern the construction of this section: (1) "Armenian Genocide victim" means any person of Armenian or other ancestry living in the...
- California Code Of Civil Procedure Section 354.45
(a) For purposes of this section, the following terms have the following meanings: (1) "Armenian Genocide victim" means any person of Armenian or other ancestry...
- California Code Of Civil Procedure Section 354.5
(a) The following definitions govern the construction of this section: (1) "Holocaust victim" means any person who was persecuted during the period of 1929 to...
- California Code Of Civil Procedure Section 354.6
(a) As used in this section: (1) "Second World War slave labor victim" means any person taken from a concentration camp or ghetto or diverted...
- California Code Of Civil Procedure Section 354.7
(a) The following definitions govern the construction of this section: (1) "Bracero" means any person who participated in the labor importation program known as the...
- California Code Of Civil Procedure Section 355
If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal other than on the...
- California Code Of Civil Procedure Section 356
When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not...
- California Code Of Civil Procedure Section 357
No person can avail himself of a disability, unless it existed when his right of action accrued.
- California Code Of Civil Procedure Section 358
When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.
- California Code Of Civil Procedure Section 359
This title does not affect actions against directors, shareholders, or members of a corporation, to recover a penalty or forfeiture imposed, or to enforce a...
- California Code Of Civil Procedure Section 359.5
If the obligations under a surety bond are conditioned upon performance of the principal, the expiration of the statute of limitations with respect to the...
- California Code Of Civil Procedure Section 360
No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this...
- California Code Of Civil Procedure Section 360.5
No waiver shall bar a defense to any action that the action was not commenced within the time limited by this title unless the waiver...
- California Code Of Civil Procedure Section 361
When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there...
- California Code Of Civil Procedure Section 362
This Title does not extend to actions already commenced, nor to cases where the time prescribed in any existing statute for acquiring a right or...
- California Code Of Civil Procedure Section 363
The word "action" as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of...
- California Code Of Civil Procedure Section 364
(a) No action based upon the health care provider's professional negligence may be commenced unless the defendant has been given at least 90 days' prior...
- California Code Of Civil Procedure Section 365
Failure to comply with this chapter shall not invalidate any proceedings of any court of this state, nor shall it affect the jurisdiction of the...
- California Code Of Civil Procedure Section 366.1
If a person entitled to bring an action dies before the expiration of the applicable limitations period, and the cause of action survives, an action...
- California Code Of Civil Procedure Section 366.2
(a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and...
- California Code Of Civil Procedure Section 366.3
(a) If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust or...
- California Code Of Civil Procedure Section 367
Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute.
- California Code Of Civil Procedure Section 367.5
(a) It is the intent of this section to promote uniformity in the procedures and practices relating to telephone appearances in civil cases. To improve...
- California Code Of Civil Procedure Section 368
In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense...
- California Code Of Civil Procedure Section 368.5
An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an...
- California Code Of Civil Procedure Section 369
(a) The following persons may sue without joining as parties the persons for whose benefit the action is prosecuted: (1) A personal representative, as defined...
- California Code Of Civil Procedure Section 369.5
(a) A partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or...
- California Code Of Civil Procedure Section 370
A married person may be sued without his or her spouse being joined as a party, and may sue without his or her spouse being...
- California Code Of Civil Procedure Section 371
If a husband and wife are sued together, each may defend for his or her own right, but if one spouse neglects to defend, the...
- California Code Of Civil Procedure Section 372
(a) When a minor, an incompetent person, or a person for whom a conservator has been appointed is a party, that person shall appear either...
- California Code Of Civil Procedure Section 373
When a guardian ad litem is appointed, he or she shall be appointed as follows: (a) If the minor is the plaintiff the appointment must...
- California Code Of Civil Procedure Section 373.5
If under the terms of a written instrument, or otherwise, a person or persons of a designated class who are not ascertained or who are...
- California Code Of Civil Procedure Section 374
(a) A minor under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court...
- California Code Of Civil Procedure Section 374.5
A proceeding initiated by or brought against a minor for any of the injunctions or orders described in paragraph (1) of subdivision (b) of Section...
- California Code Of Civil Procedure Section 375
An action or proceeding does not abate by the disability of a party. The court, on motion, shall allow the action or proceeding to be...
- California Code Of Civil Procedure Section 376
(a) The parents of a legitimate unmarried minor child, acting jointly, may maintain an action for injury to the child caused by the wrongful act...
- California Code Of Civil Procedure Section 377.10
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...
- California Code Of Civil Procedure Section 377.11
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...
- California Code Of Civil Procedure Section 377.20
(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,...
- California Code Of Civil Procedure Section 377.21
A pending action or proceeding does not abate by the death of a party if the cause of action survives.
- California Code Of Civil Procedure Section 377.22
Nothing in this chapter shall be construed as affecting the assignability of causes of action.
- California Code Of Civil Procedure Section 377.30
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,...
- California Code Of Civil Procedure Section 377.31
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...
- California Code Of Civil Procedure Section 377.32
(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...
- California Code Of Civil Procedure Section 377.33
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...
- California Code Of Civil Procedure Section 377.34
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...
- California Code Of Civil Procedure Section 377.35
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...
- California Code Of Civil Procedure Section 377.40
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...
- California Code Of Civil Procedure Section 377.41
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...
- California Code Of Civil Procedure Section 377.42
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...
- California Code Of Civil Procedure Section 377.43
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...
- California Code Of Civil Procedure Section 377.50
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...
- California Code Of Civil Procedure Section 377.60
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...
- California Code Of Civil Procedure Section 377.61
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...
- California Code Of Civil Procedure Section 377.62
(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)...
- California Code Of Civil Procedure Section 378
(a) All persons may join in one action as plaintiffs if: (1) They assert any right to relief jointly, severally, or in the alternative, in...
- California Code Of Civil Procedure Section 379
(a) All persons may be joined in one action as defendants if there is asserted against them: (1) Any right to relief jointly, severally, or...
- California Code Of Civil Procedure Section 379.5
When parties have been joined under Section 378 or 379, the court may make such orders as may appear just to prevent any party from...
- California Code Of Civil Procedure Section 382
If the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof...
- California Code Of Civil Procedure Section 384
(a) It is the intent of the Legislature in enacting this section to ensure that the unpaid residuals in class action litigation are distributed, to...
- California Code Of Civil Procedure Section 386
(a) A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit...
- California Code Of Civil Procedure Section 386.1
Where a deposit has been made pursuant to Section 386, the court shall, upon the application of any party to the action, order such deposit...
- California Code Of Civil Procedure Section 386.5
Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such...
- California Code Of Civil Procedure Section 386.6
(a) A party to an action who follows the procedure set forth in Section 386 or 386.5 may insert in his motion, petition, complaint, or...
- California Code Of Civil Procedure Section 387
(a) Upon timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or...
- California Code Of Civil Procedure Section 388
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...
- California Code Of Civil Procedure Section 389
(a) A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of...
- California Code Of Civil Procedure Section 389.5
When, in an action for the recovery of real or personal property, or to determine conflicting claims thereto, a person not a party to the...
- California Code Of Civil Procedure Section 391
As used in this title, the following terms have the following meanings: (a) "Litigation" means any civil action or proceeding, commenced, maintained or pending in...
- California Code Of Civil Procedure Section 391.1
In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon...
- California Code Of Civil Procedure Section 391.2
At the hearing upon such motion the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material to the...
- California Code Of Civil Procedure Section 391.3
If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability...
- California Code Of Civil Procedure Section 391.4
When security that has been ordered furnished is not furnished as ordered, the litigation shall be dismissed as to the defendant for whose benefit it...
- California Code Of Civil Procedure Section 391.6
When a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10...
- California Code Of Civil Procedure Section 391.7
(a) In addition to any other relief provided in this title, the court may, on its own motion or the motion of any party, enter...
- California Code Of Civil Procedure Section 392
(a) Subject to the power of the court to transfer actions and proceedings as provided in this title, the superior court in the county where...
- California Code Of Civil Procedure Section 393
Subject to the power of the court to transfer actions and proceedings as provided in this title, the county in which the cause, or some...
- California Code Of Civil Procedure Section 394
(a) An action or proceeding against a county, or city and county, a city, or local agency, may be tried in the county, or city...
- California Code Of Civil Procedure Section 395
(a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title,...
- California Code Of Civil Procedure Section 395.1
Except as otherwise provided in Section 17005 of the Probate Code pertaining to trustees, when a defendant is sued in an official or representative capacity...
- California Code Of Civil Procedure Section 395.2
If an unincorporated association has filed a statement with the Secretary of State pursuant to statute, designating its principal office in this state, the proper...
- California Code Of Civil Procedure Section 395.5
A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or...
- California Code Of Civil Procedure Section 396
(a) If an action or proceeding is commenced in a court that lacks jurisdiction of the subject matter thereof, as determined by the complaint or...
- California Code Of Civil Procedure Section 396a
In a case that is subject to Sections 1812.10 and 2984.4 of the Civil Code, or subdivision (b) of Section 395 of the Code of...
- California Code Of Civil Procedure Section 396b
(a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof,...
- California Code Of Civil Procedure Section 397
The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the...
- California Code Of Civil Procedure Section 397.5
In any proceeding for dissolution or nullity of marriage or legal separation of the parties under the Family Code, where it appears that both petitioner...
- California Code Of Civil Procedure Section 398
If, for any cause, specified in subdivisions 2, 3 and 4 of section 397, the court orders the transfer of an action or proceeding, it...
- California Code Of Civil Procedure Section 399
(a) When an order is made transferring an action or proceeding under any of the provisions of this title, the clerk shall, after expiration of...
- California Code Of Civil Procedure Section 400
When an order is made by the superior court granting or denying a motion to change the place of trial, the party aggrieved by the...
- California Code Of Civil Procedure Section 401
(1) Whenever it is provided by any law of this State that an action or proceeding against the State or a department, institution, board, commission,...
- California Code Of Civil Procedure Section 402
(a) Except as otherwise provided by law: (1) A superior court may specify by local rule the locations where certain types of actions or proceedings...
- California Code Of Civil Procedure Section 403
A judge may, on motion, transfer an action or actions from another court to that judge's court for coordination with an action involving a common...
- California Code Of Civil Procedure Section 403.010
Nothing in this chapter expands or limits the law on whether a plaintiff, cross-complainant, or petitioner may file an amended complaint or other amended initial...
- California Code Of Civil Procedure Section 403.020
(a) If a plaintiff, cross-complainant, or petitioner files an amended complaint or other amended initial pleading that changes the jurisdictional classification from limited to unlimited,...
- California Code Of Civil Procedure Section 403.030
If a party in a limited civil case files a cross-complaint that causes the action or proceeding to exceed the maximum amount in controversy for...
- California Code Of Civil Procedure Section 403.040
(a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The...
- California Code Of Civil Procedure Section 403.050
(a) The parties to the action or proceeding may stipulate to reclassification of the case within the time allowed to respond to the initial pleading....
- California Code Of Civil Procedure Section 403.060
(a) For reclassification of a case from a limited civil case to an unlimited civil case, a fee shall be charged as provided in Section...
- California Code Of Civil Procedure Section 403.070
(a) An action or proceeding that is reclassified shall be deemed to have been commenced at the time the complaint or petition was initially filed,...
- California Code Of Civil Procedure Section 403.080
When an order is made by the superior court granting or denying a motion to reclassify an action or proceeding pursuant to Section 403.040, the...
- California Code Of Civil Procedure Section 403.090
The Judicial Council may prescribe rules, not inconsistent with statute, governing the procedure for reclassification of civil actions and proceedings.
- California Code Of Civil Procedure Section 404
When civil actions sharing a common question of fact or law are pending in different courts, a petition for coordination may be submitted to the...
- California Code Of Civil Procedure Section 404.1
Coordination of civil actions sharing a common question of fact or law is appropriate if one judge hearing all of the actions for all purposes...
- California Code Of Civil Procedure Section 404.2
A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall select the reviewing court having appellate jurisdiction if the actions to...
- California Code Of Civil Procedure Section 404.3
A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall order the actions coordinated, report that fact to the Chairperson of...
- California Code Of Civil Procedure Section 404.4
The presiding judge of any court in which there is pending an action sharing a common question of fact or law with actions coordinated pursuant...
- California Code Of Civil Procedure Section 404.5
Pending any determination of whether coordination is appropriate, the judge making that determination may stay any action being considered for, or affecting an action being...
- California Code Of Civil Procedure Section 404.6
Within 20 days after service upon him or her of a written notice of entry of an order of the court under this chapter, any...
- California Code Of Civil Procedure Section 404.7
Notwithstanding any other provision of law, the Judicial Council shall provide by rule the practice and procedure for coordination of civil actions in convenient courts,...
- California Code Of Civil Procedure Section 404.8
Expenses of the assigned judge, other necessary judicial officers and employees, and facilities for cases coordinated under Section 404 shall be paid or reimbursed by...
- California Code Of Civil Procedure Section 404.9
Any duties of the presiding judge specified in this chapter may be delegated by the presiding judge to another judge of the court.
- California Code Of Civil Procedure Section 405
The definitions in this chapter govern the construction of this title.
- California Code Of Civil Procedure Section 405.1
"Claimant" means a party to an action who asserts a real property claim and records a notice of the pendency of the action.
- California Code Of Civil Procedure Section 405.2
"Notice of pendency of action" or "notice" means a notice of the pendency of an action in which a real property claim is alleged.
- California Code Of Civil Procedure Section 405.3
"Probable validity," with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against...
- California Code Of Civil Procedure Section 405.4
"Real property claim" means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to...
- California Code Of Civil Procedure Section 405.5
This title applies to an action pending in any United States District Court in the same manner that it applies to an action pending in...
- California Code Of Civil Procedure Section 405.6
In an action by a public agency in eminent domain pursuant to Title 7 (commencing with Section 1230.010) of Part 3, the issuance, service, and...
- California Code Of Civil Procedure Section 405.7
Whenever an action is commenced to declare a building uninhabitable, the plaintiff public agency, at the time of filing the complaint, shall record in the...
- California Code Of Civil Procedure Section 405.8
Nothing in this title precludes any party from seeking an attachment, injunction, or other relief in connection with a real property claim or the expungement...
- California Code Of Civil Procedure Section 405.20
A party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim...
- California Code Of Civil Procedure Section 405.21
An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action...
- California Code Of Civil Procedure Section 405.22
Except in actions subject to Section 405.6, the claimant shall, prior to recordation of the notice, cause a copy of the notice to be mailed,...
- California Code Of Civil Procedure Section 405.23
Any notice of pendency of action shall be void and invalid as to any adverse party or owner of record unless the requirements of Section...
- California Code Of Civil Procedure Section 405.24
From the time of recording the notice of pendency of action, a purchaser, encumbrancer, or other transferee of the real property described in the notice...
- California Code Of Civil Procedure Section 405.30
At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected...
- California Code Of Civil Procedure Section 405.31
In proceedings under this chapter, the court shall order the notice expunged if the court finds that the pleading on which the notice is based...
- California Code Of Civil Procedure Section 405.32
In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by...
- California Code Of Civil Procedure Section 405.33
In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the real property claim has probable...
- California Code Of Civil Procedure Section 405.34
Subject to the provisions of Sections 405.31 and 405.32, at any time after a notice of pendency of action has been recorded, and regardless of...
- California Code Of Civil Procedure Section 405.35
No order expunging a notice of pendency of action shall be effective, nor shall it be recorded in the office of any county recorder, until...
- California Code Of Civil Procedure Section 405.36
Once a notice of pending action has been expunged, the claimant may not record another notice of pending action as to the affected property without...
- California Code Of Civil Procedure Section 405.37
After notice and hearing, for good cause and upon such terms as are just, the court may exonerate or modify any undertaking required by an...
- California Code Of Civil Procedure Section 405.38
The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or...
- California Code Of Civil Procedure Section 405.39
No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under...
- California Code Of Civil Procedure Section 405.50
At any time after notice of pendency of an action has been recorded pursuant to this title or other law, the notice may be withdrawn...
- California Code Of Civil Procedure Section 405.60
Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging...
- California Code Of Civil Procedure Section 405.61
Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging...
- California Code Of Civil Procedure Section 410.10
A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.
- California Code Of Civil Procedure Section 410.30
(a) When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be...
- California Code Of Civil Procedure Section 410.40
Any person may maintain an action or proceeding in a court of this state against a foreign corporation or nonresident person where the action or...
- California Code Of Civil Procedure Section 410.42
The following provisions of a contract between the contractor and a subcontractor with principal offices in this state, for the construction of a public or...
- California Code Of Civil Procedure Section 410.50
(a) Except as otherwise provided by statute, the court in which an action is pending has jurisdiction over a party from the time summons is...
- California Code Of Civil Procedure Section 410.60
In an action against a corporation which has forfeited its charter or right to do business, or has dissolved, the court in which the action...
- California Code Of Civil Procedure Section 410.70
In an action against two or more persons who are jointly, jointly and severally, or severally liable on a contract, the court in which the...
- California Code Of Civil Procedure Section 411.10
A civil action is commenced by filing a complaint with the court.
- California Code Of Civil Procedure Section 411.20
(a) If the clerk accepts for filing a complaint or other first paper, or any subsequent filing, and payment is made by check which is...
- California Code Of Civil Procedure Section 411.21
(a) If a complaint or other first paper is accompanied by payment by check in an amount less than the required fee, the clerk shall...
- California Code Of Civil Procedure Section 411.35
(a) In every action, including a cross-complaint for damages or indemnity, arising out of the professional negligence of a person holding a valid architect's certificate...
- California Code Of Civil Procedure Section 412.10
After payment of all applicable fees, the plaintiff may have the clerk issue one or more summons for any defendant. The clerk shall keep each...
- California Code Of Civil Procedure Section 412.20
(a) Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the clerk and issued under the seal of...
- California Code Of Civil Procedure Section 412.30
In an action against a corporation or an unincorporated association (including a partnership), the copy of the summons that is served shall contain a notice...
- California Code Of Civil Procedure Section 413.10
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...
- California Code Of Civil Procedure Section 413.20
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...
- California Code Of Civil Procedure Section 413.30
Where no provision is made in this chapter or other law for the service of summons, the court in which the action is pending may...
- California Code Of Civil Procedure Section 413.40
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...
- California Code Of Civil Procedure Section 414.10
A summons may be served by any person who is at least 18 years of age and not a party to the action.
- California Code Of Civil Procedure Section 415.10
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...
- California Code Of Civil Procedure Section 415.20
(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,...
- California Code Of Civil Procedure Section 415.21
(a) Notwithstanding any other provision of law, any person shall be granted access to a gated community for a reasonable period of time for the...
- California Code Of Civil Procedure Section 415.30
(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...
- California Code Of Civil Procedure Section 415.40
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...
- California Code Of Civil Procedure Section 415.45
(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...
- California Code Of Civil Procedure Section 415.46
(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...
- California Code Of Civil Procedure Section 415.47
(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...
- California Code Of Civil Procedure Section 415.50
(a) A summons may be served by publicat |