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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All persons who at the time this Code takes effect hold office under any of the Acts repealed, continue to hold the same according to...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 9
Section Nine. When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any...
- 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 12c
(a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day...
- 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 of...
- 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.
- California Code of Civil Procedure Section 26
Section Twenty-six. An obligation is a legal duty, by which one person is bound to do or not to do a certain thing, and arises...
- 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 70 years of age may petition the court for a preference, which the court shall...
- 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) A case at law in which the demand, exclusive of interest, or the...
- 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 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...
- 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 116.222
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 116.224
(a) Notwithstanding Section 116.221, the small claims court has jurisdiction in an action brought by a natural person for damages for bodily injuries resulting from...
- 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 116.798
(a) (1) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the...
- 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, or the judgment of the superior court after a hearing on appeal, may be enforced by the...
- 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 128.7
(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 130
(a) Subject to the provisions of this section, when a child who is under 18 years of age is killed as a result of a...
- 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 are 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) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action...
- 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) A judge shall not accept gifts from a single source in a calendar year with a total value of more than two hundred fifty...
- 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 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
The direction or authority of a party or his or her attorney to a sheriff, in respect to the execution of process or return thereof,...
- 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 or she retains the original process, show it to any interested person,...
- 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
If the sheriff sells real estate, under and by virtue of an execution or order of court, the sheriff, or his or her successors in...
- 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 263
(a) This chapter may be cited as the Levying Officer Electronic Transactions Act. (b) The Legislature finds and declares that modern technologies offer alternatives to...
- California Code of Civil Procedure Section 263.1
As used in this chapter, the following terms have the following definitions: (a) "Electronic mail" or "e-mail" means an electronic message that is sent to...
- California Code of Civil Procedure Section 263.2
(a) A levying officer may utilize an information processing system to create, generate, send, receive, store, display, retrieve, or process information, electronic records, and documents...
- California Code of Civil Procedure Section 263.3
Whenever the fax transmission of a document or record to a levying officer is authorized pursuant to this chapter, all of the following shall apply:...
- California Code of Civil Procedure Section 263.4
(a) A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper...
- California Code of Civil Procedure Section 263.6
(a) In lieu of returning to court the paper version of an original writ of execution, the levying officer may retain the original writ or...
- California Code of Civil Procedure Section 263.7
(a) A levying officer shall exclude or redact the following identifiers from any record or document made available to the public: (1) Social security number....
- 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 317
Section Three Hundred and Seventeen. When letters patent or grants of real property issued or made by the people of this State, are declared void...
- 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
(a) For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is...
- 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: (a) An action upon any general obligation bonds or coupons, not secured in whole or in part by a lien on real...
- 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), Chapter 6.8 (commencing...
- 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
(a) Notwithstanding Section 335.1, a civil action brought by, or on behalf of, a Dalkon Shield victim against the Dalkon Shield Claimants' Trust, shall be...
- 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 348.5
An action upon any bonds or coupons issued by the State of California shall have no limitation. 3493/4. Within one hundred eighty days: (a) An...
- 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 367.6
(a) On or before July 1, 2011, the Judicial Council shall establish statewide, uniform fees to be paid by a party for appearing by telephone,...
- 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 the motion the court shall consider any evidence, written or oral, by witnesses or affidavit, as may be material to the...
- California Code of Civil Procedure Section 391.3
(a) Except as provided in subdivision (b), if, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant...
- 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
Except as provided in subdivision (b) of Section 391.3, when a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed,...
- 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 391.8
(a) A vexatious litigant subject to a prefiling order under Section 391.7 may file an application to vacate the prefiling order and remove his or...
- 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) No appeal or petition filed in the superior court shall be dismissed solely because the appeal or petition was not filed in the proper...
- 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
(a) The following provisions of a contract between the contractor and a subcontractor with principal offices in this state, for the construction of a public...
- 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 law, any person shall be granted access to a gated community for a reasonable period of time for the sole purpose...
- 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 publication if upon affidavit it appears to the satisfaction of the court in which the action is pending...
- California Code of Civil Procedure Section 415.95
(a) A summons may be served on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours...
- California Code of Civil Procedure Section 416.10
A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods: (a)...
- California Code of Civil Procedure Section 416.20
A summons may be served on a corporation that has forfeited its charter or right to do business, or has dissolved, by delivering a copy...
- California Code of Civil Procedure Section 416.30
A summons may be served on a joint stock company or association by delivering a copy of the summons and of the complaint as provided...
- California Code of Civil Procedure Section 416.40
A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint: (a) If...
- California Code of Civil Procedure Section 416.50
(a) A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary,...
- California Code of Civil Procedure Section 416.60
A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or...
- California Code of Civil Procedure Section 416.70
A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering...
- California Code of Civil Procedure Section 416.80
When authorized by Section 12 of the Elections Code, a summons may be served as provided by that section.
- California Code of Civil Procedure Section 416.90
A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint...
- California Code of Civil Procedure Section 417.10
Proof that a summons was served on a person within this state shall be made: (a) If served under Section 415.10, 415.20, or 415.30, by...
- California Code of Civil Procedure Section 417.20
Proof that a summons was served on a person outside this state shall be made: (a) If served in a manner specified in a statute...
- California Code of Civil Procedure Section 417.30
After a summons has been served on a person, proof of service of the summons as provided in Section 417.10 or 417.20 shall be filed,...
- California Code of Civil Procedure Section 417.40
Any proof of service which is signed by a person registered under Chapter 16 (commencing with Section 22350) of Division 8 of the Business and...
- California Code of Civil Procedure Section 418.10
(a) A defendant, on or before the last day of his or her time to plead or within any further time that the court may...
- California Code of Civil Procedure Section 418.11
An appearance at a hearing at which ex parte relief is sought, or an appearance at a hearing for which an ex parte application for...
- California Code of Civil Procedure Section 420
The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the Court.
- California Code of Civil Procedure Section 421
The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in...
- California Code of Civil Procedure Section 422.10
The pleadings allowed in civil actions are complaints, demurrers, answers, and cross-complaints.
- California Code of Civil Procedure Section 422.30
(a) Every pleading shall contain a caption setting forth: (1) The name of the court and county in which the action is brought. (2) The...
- California Code of Civil Procedure Section 422.40
In the complaint, the title of the action shall include the names of all the parties; but, except as otherwise provided by statute or rule...
- California Code of Civil Procedure Section 425.10
(a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of action, in ordinary and...
- California Code of Civil Procedure Section 425.11
(a) As used in this section: (1) "Complaint" includes a cross-complaint. (2) "Plaintiff" includes a cross-complainant. (3) "Defendant" includes a cross-defendant. (b) When a complaint...
- California Code of Civil Procedure Section 425.115
(a) As used in this section: (1) "Complaint" includes a cross-complaint. (2) "Plaintiff" includes a cross-complainant. (3) "Defendant" includes a cross-defendant. (b) The plaintiff preserves...
- California Code of Civil Procedure Section 425.12
(a) The Judicial Council shall develop and approve official forms for use in trial courts of this state for any complaint, cross-complaint or answer in...
- California Code of Civil Procedure Section 425.13
(a) In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included...
- California Code of Civil Procedure Section 425.14
No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be included in a complaint or other pleading unless...
- California Code of Civil Procedure Section 425.15
(a) No cause of action against a person serving without compensation as a director or officer of a nonprofit corporation described in this section, on...
- California Code of Civil Procedure Section 425.16
(a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional...
- California Code of Civil Procedure Section 425.17
(a) The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California Anti-SLAPP Law, which has undermined the exercise...
- California Code of Civil Procedure Section 425.18
(a) The Legislature finds and declares that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. The Legislature further finds...
- California Code of Civil Procedure Section 425.50
(a) An allegation of a construction-related accessibility claim in a complaint, as defined in subdivision (a) of Section 55.52 of the Civil Code, shall state...
- California Code of Civil Procedure Section 426.10
As used in this article: (a) "Complaint" means a complaint or cross-complaint. (b) "Plaintiff" means a person who files a complaint or cross-complaint. (c) "Related...
- California Code of Civil Procedure Section 426.30
(a) Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cross-complaint...
- California Code of Civil Procedure Section 426.40
This article does not apply if any of the following are established: (a) The cause of action not pleaded requires for its adjudication the presence...
- California Code of Civil Procedure Section 426.50
A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other...
- California Code of Civil Procedure Section 426.60
(a) This article applies only to civil actions and does not apply to special proceedings. (b) This article does not apply to actions in the...
- California Code of Civil Procedure Section 426.70
(a) Notwithstanding subdivision (a) of Section 426.60, this article applies to eminent domain proceedings. (b) The related cause of action may be asserted by cross-complaint...
- California Code of Civil Procedure Section 427.10
(a) A plaintiff who in a complaint, alone or with coplaintiffs, alleges a cause of action against one or more defendants may unite with such...
- California Code of Civil Procedure Section 428.10
A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint setting forth either or both...
- California Code of Civil Procedure Section 428.20
When a person files a cross-complaint as authorized by Section 428.10, he may join any person as a cross-complainant or cross-defendant, whether or not such...
- California Code of Civil Procedure Section 428.30
Where a person files a cross-complaint as authorized by Section 428.10, he may unite with the cause of action asserted in the cross-complaint any other...
- California Code of Civil Procedure Section 428.40
The cross-complaint shall be a separate document.
- California Code of Civil Procedure Section 428.50
(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at...
- California Code of Civil Procedure Section 428.60
A cross-complaint shall be served on each of the parties in an action in the following manner: (1) If a party has not appeared in...
- California Code of Civil Procedure Section 428.70
(a) As used in this section: (1) "Third-party plaintiff" means a person against whom a cause of action has been asserted in a complaint or...
- California Code of Civil Procedure Section 428.80
The counterclaim is abolished. Any cause of action that formerly was asserted by a counterclaim shall be asserted by a cross-complaint. Where any statute refers...
- California Code of Civil Procedure Section 429.30
(a) As used in this section: (1) "Complaint" includes a cross-complaint. (2) "Plaintiff" includes the person filing a cross-complaint. (b) If the complaint contains a...
- California Code of Civil Procedure Section 430.10
The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading...
- California Code of Civil Procedure Section 430.20
A party against whom an answer has been filed may object, by demurrer as provided in Section 430.30, to the answer upon any one or...
- California Code of Civil Procedure Section 430.30
(a) When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court...
- California Code of Civil Procedure Section 430.40
(a) A person against whom a complaint or cross-complaint has been filed may, within 30 days after service of the complaint or cross-complaint, demur to...
- California Code of Civil Procedure Section 430.50
(a) A demurrer to a complaint or cross-complaint may be taken to the whole complaint or cross-complaint or to any of the causes of action...
- California Code of Civil Procedure Section 430.60
A demurrer shall distinctly specify the grounds upon which any of the objections to the complaint, cross-complaint, or answer are taken. Unless it does so,...
- California Code of Civil Procedure Section 430.70
When the ground of demurrer is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of...
- California Code of Civil Procedure Section 430.80
(a) If the party against whom a complaint or cross-complaint has been filed fails to object to the pleading, either by demurrer or answer, that...
- California Code of Civil Procedure Section 430.90
(a) Where the defendant has removed a civil action to federal court without filing a response in the original court and the case is later...
- California Code of Civil Procedure Section 431.10
(a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without...
- California Code of Civil Procedure Section 431.20
(a) Every material allegation of the complaint or cross-complaint, not controverted by the answer, shall, for the purposes of the action, be taken as true....
- California Code of Civil Procedure Section 431.30
(a) As used in this section: (1) "Complaint" includes a cross-complaint. (2) "Defendant" includes a person filing an answer to a cross-complaint. (b) The answer...
- California Code of Civil Procedure Section 431.40
(a) Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property...
- California Code of Civil Procedure Section 431.50
In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause...
- California Code of Civil Procedure Section 431.70
Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an...
- California Code of Civil Procedure Section 432.10
A party served with a cross-complaint may within 30 days after service move, demur, or otherwise plead to the cross-complaint in the same manner as...
- California Code of Civil Procedure Section 435
(a) As used in this section: (1) The term "complaint" includes a cross-complaint. (2) The term "pleading" means a demurrer, answer, complaint, or cross-complaint. (b)...
- California Code of Civil Procedure Section 436
The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a)...
- California Code of Civil Procedure Section 437
(a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court...
- California Code of Civil Procedure Section 437c
(a) Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that...
- California Code of Civil Procedure Section 438
(a) As used in this section: (1) "Complaint" includes a cross-complaint. (2) "Plaintiff" includes a cross-complainant. (3) "Defendant" includes a cross-defendant. (b) (1) A party...
- California Code of Civil Procedure Section 446
(a) Every pleading shall be subscribed by the party or his or her attorney. When the state, any county thereof, city, school district, district, public...
- California Code of Civil Procedure Section 452
In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice...
- California Code of Civil Procedure Section 454
It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to...
- California Code of Civil Procedure Section 455
In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon...
- California Code of Civil Procedure Section 456
In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such...
- California Code of Civil Procedure Section 457
In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be...
- California Code of Civil Procedure Section 458
In pleading the Statute of Limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the...
- California Code of Civil Procedure Section 459
In pleading a private statute, or an ordinance of a county or municipal corporation, or a right derived therefrom, it is sufficient to refer to...
- California Code of Civil Procedure Section 460
In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the...
- California Code of Civil Procedure Section 460.5
(a) In any action for libel or slander, for good cause shown upon ex parte written application, the court may order that the time to...
- California Code of Civil Procedure Section 460.7
(a) In any action by a candidate or former candidate for elective public office against a holder of elective public office or an opposing candidate...
- California Code of Civil Procedure Section 461
In any action within Section 460 or 460.5, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and...
- California Code of Civil Procedure Section 464
(a) The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring...
- California Code of Civil Procedure Section 465
Except with leave of the court, all pleadings subsequent to the complaint, together with proof of service unless a summons need be issued, shall be...
- California Code of Civil Procedure Section 469
Section Four Hundred and Sixty-nine. No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually...
- California Code of Civil Procedure Section 470
Where the variance is not material, as provided in Section 469 the court may direct the fact to be found according to the evidence, or...
- California Code of Civil Procedure Section 471
Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but...
- California Code of Civil Procedure Section 471.5
(a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as...
- California Code of Civil Procedure Section 472
Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or...
- California Code of Civil Procedure Section 472a
(a) A demurrer is not waived by an answer filed at the same time. (b) Except as otherwise provided by rule adopted by the Judicial...
- California Code of Civil Procedure Section 472b
When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the...
- California Code of Civil Procedure Section 472c
(a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its...
- California Code of Civil Procedure Section 472d
Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground...
- California Code of Civil Procedure Section 473
(a) (1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or...
- California Code of Civil Procedure Section 473.1
The court may, upon such terms as may be just, relieve a party from a judgment, order, or other proceeding taken against him or her,...
- California Code of Civil Procedure Section 473.5
(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or...
- California Code of Civil Procedure Section 474
When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action...
- California Code of Civil Procedure Section 475
The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the...
- California Code of Civil Procedure Section 481.010
Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title.
- California Code of Civil Procedure Section 481.020
"Account debtor" means "account debtor" as defined in paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 481.030
"Account receivable" means "account" as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 481.040
"Chattel paper" means "chattel paper" as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 481.055
"Costs" means costs and disbursements, including, but not limited to, statutory fees, charges, commissions, and expenses.
- California Code of Civil Procedure Section 481.060
"Complaint" includes a cross-complaint.
- California Code of Civil Procedure Section 481.070
"Defendant" includes a cross-defendant.
- California Code of Civil Procedure Section 481.080
"Deposit account" means "deposit account" as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 481.090
"Document of title" means "document" as defined in paragraph (30) of subdivision (a) of Section 9102 of the Commercial Code. A document of title is...
- California Code of Civil Procedure Section 481.100
"Equipment" means tangible personal property in the possession of the defendant and used or bought for use primarily in the defendant's trade, business, or profession...
- California Code of Civil Procedure Section 481.110
"Farm products" means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states (such...
- California Code of Civil Procedure Section 481.113
"Financial institution" means a state or national bank, state or federal savings and loan association or credit union, or like organization, and includes a corporation...
- California Code of Civil Procedure Section 481.115
"General intangibles" means "general intangibles," as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment.
- California Code of Civil Procedure Section 481.117
"Instrument" means "instrument" as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 481.120
"Inventory" means tangible personal property in the possession of a defendant that (a) is held by the defendant for sale or lease or to be...
- California Code of Civil Procedure Section 481.140
"Levying officer" means the sheriff or marshal who is directed to execute a writ or order issued under this title.
- California Code of Civil Procedure Section 481.170
"Person" includes a natural person, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
- California Code of Civil Procedure Section 481.175
"Personal property" includes both tangible and intangible personal property.
- California Code of Civil Procedure Section 481.180
"Plaintiff" means a person who files a complaint or cross-complaint.
- California Code of Civil Procedure Section 481.190
A claim has "probable validity" where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
- California Code of Civil Procedure Section 481.195
"Property" includes real and personal property and any interest therein.
- California Code of Civil Procedure Section 481.200
"Public entity" includes the state, the Regents of the University of California, a county, a city, district, public authority, public agency, and any other political...
- California Code of Civil Procedure Section 481.203
"Real property" includes any right in real property, including, but not limited to, a leasehold interest in real property.
- California Code of Civil Procedure Section 481.205
"Registered process server" means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business...
- California Code of Civil Procedure Section 481.207
"Secured party" means "secured party" as defined in paragraph (72) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 481.210
"Security" means a "security" as defined by Section 8102 of the Commercial Code.
- California Code of Civil Procedure Section 481.220
"Security agreement" means a "security agreement" as defined by paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 481.223
"Security interest" means "security interest" as defined in Section 1201 of the Commercial Code.
- California Code of Civil Procedure Section 481.225
"Tangible personal property" includes chattel paper, documents of title, instruments, securities, and money.
- California Code of Civil Procedure Section 482.010
This title shall be known and may be cited as "The Attachment Law."
- California Code of Civil Procedure Section 482.020
Nothing in this title precludes the granting of relief pursuant to Chapter 3 (commencing with Section 525) of Title 7.
- California Code of Civil Procedure Section 482.030
(a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title. (b) The Judicial Council shall prescribe the...
- California Code of Civil Procedure Section 482.040
The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this...
- California Code of Civil Procedure Section 482.050
(a) If the plaintiff so requests in writing at the time he files his complaint, the clerk of the court with whom the complaint is...
- California Code of Civil Procedure Section 482.060
(a) Except as otherwise provided in subdivision (b), the judicial duties to be performed under this title are subordinate judicial duties within the meaning of...
- California Code of Civil Procedure Section 482.070
(a) (1) Except as otherwise provided in this title, legal process required or permitted to be served under this title may be served personally or...
- California Code of Civil Procedure Section 482.080
(a) If a writ of attachment is issued, the court may also issue an order directing the defendant to transfer to the levying officer either...
- California Code of Civil Procedure Section 482.090
(a) Several writs in the same form may be issued simultaneously or from time to time upon the same undertaking, whether or not any writ...
- California Code of Civil Procedure Section 482.100
(a) The defendant may claim an exemption provided in Section 487.020 for property levied upon pursuant to a writ issued under this title if the...
- California Code of Civil Procedure Section 482.110
(a) The plaintiff's application for a right to attach order and a writ of attachment pursuant to this title may include an estimate of the...
- California Code of Civil Procedure Section 482.120
If the court determines at the hearing on issuance of a writ of attachment under this title that the value of the defendant's interest in...
- California Code of Civil Procedure Section 483.010
(a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of...
- California Code of Civil Procedure Section 483.012
Subject to the restrictions of Sections 580b and 580d, in an action to foreclose a mortgage or deed of trust on real property or an...
- California Code of Civil Procedure Section 483.013
Notwithstanding Section 483.010, federal disability benefits awarded to veterans for service-connected disabilities pursuant to Chapter 11 of Title 38 of the United States Code shall...
- California Code of Civil Procedure Section 483.015
(a) Subject to subdivision (b) and to Section 483.020, the amount to be secured by an attachment is the sum of the following: (1) The...
- California Code of Civil Procedure Section 483.020
(a) Subject to subdivisions (d) and (e), the amount to be secured by the attachment in an unlawful detainer proceeding is the sum of the...
- California Code of Civil Procedure Section 484.010
Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order...
- California Code of Civil Procedure Section 484.020
The application shall be executed under oath and shall include all of the following: (a) A statement showing that the attachment is sought to secure...
- California Code of Civil Procedure Section 484.030
The application shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim...
- California Code of Civil Procedure Section 484.040
No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the...
- California Code of Civil Procedure Section 484.050
The notice of application and hearing shall inform the defendant of all of the following: (a) A hearing will be held at a place and...
- California Code of Civil Procedure Section 484.060
(a) If the defendant desires to oppose the issuance of the right to attach order sought by plaintiff or objects to the amount sought to...
- California Code of Civil Procedure Section 484.070
(a) If the defendant claims that the personal property described in the plaintiff's application, or a portion of such property, is exempt from attachment, the...
- California Code of Civil Procedure Section 484.080
(a) At the time set for the hearing, the plaintiff shall be ready to proceed. If the plaintiff is not ready, or if he has...
- California Code of Civil Procedure Section 484.090
(a) At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall...
- California Code of Civil Procedure Section 484.100
The court's determinations under this chapter shall have no effect on the determination of any issues in the action other than issues relevant to proceedings...
- California Code of Civil Procedure Section 484.110
(a) Neither the failure of the defendant to oppose the issuance of a right to attach order under this chapter nor the defendant's failure to...
- California Code of Civil Procedure Section 484.310
At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has found...
- California Code of Civil Procedure Section 484.320
The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right...
- California Code of Civil Procedure Section 484.330
No writ of attachment shall be issued under this article except after a hearing. At least 15 days prior to the hearing, the defendant shall...
- California Code of Civil Procedure Section 484.340
The notice of application and hearing shall inform the defendant of all of the following: (a) The plaintiff has applied for a writ of attachment...
- California Code of Civil Procedure Section 484.350
(a) If the defendant claims that the property described in the plaintiff's application, or a portion of such property, is exempt from attachment, the defendant...
- California Code of Civil Procedure Section 484.360
(a) If the defendant files and serves a claim of exemption and the plaintiff desires to oppose the claim, he shall file and serve on...
- California Code of Civil Procedure Section 484.370
The hearing shall be conducted in the manner prescribed in Section 484.090 and the court shall order a writ of attachment to be issued upon...
- California Code of Civil Procedure Section 484.510
(a) At any time after a right to attach order has been issued under Article 1 (commencing with Section 484.010) or after the court has...
- California Code of Civil Procedure Section 484.520
The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking...
- California Code of Civil Procedure Section 484.530
(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ issued under this article by following...
- California Code of Civil Procedure Section 485.010
(a) Except as otherwise provided by statute, no right to attach order or writ of attachment may be issued pursuant to this chapter unless it...
- California Code of Civil Procedure Section 485.210
(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach...
- California Code of Civil Procedure Section 485.220
(a) The court shall examine the application and supporting affidavit and, except as provided in Section 486.030, shall issue a right to attach order, which...
- California Code of Civil Procedure Section 485.230
Where a right to attach order has been issued by the court, a plaintiff may discover, through any means provided for by, and subject to...
- California Code of Civil Procedure Section 485.240
(a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order (1) that the right...
- California Code of Civil Procedure Section 485.510
At any time after a right to attach order and writ of attachment have been issued under Article 2 (commencing with Section 485.210), the plaintiff...
- California Code of Civil Procedure Section 485.520
The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right...
- California Code of Civil Procedure Section 485.530
(a) The application shall be supported by an affidavit showing both of the following: (1) The plaintiff would suffer great or irreparable injury (within the...
- California Code of Civil Procedure Section 485.540
The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking...
- California Code of Civil Procedure Section 485.610
(a) The defendant may claim an exemption as to real or personal property levied upon pursuant to a writ of attachment issued under this chapter...
- California Code of Civil Procedure Section 486.010
(a) At the time of applying for a right to attach order under Chapter 4 (commencing with Section 484.010), the plaintiff may apply pursuant to...
- California Code of Civil Procedure Section 486.020
The court shall examine the application, supporting affidavit, and other papers on record and shall issue a temporary protective order, which shall state the amount...
- California Code of Civil Procedure Section 486.030
(a) In any case where the plaintiff has applied for a right to attach order and writ of attachment under Chapter 5 (commencing with Section...
- California Code of Civil Procedure Section 486.040
The temporary protective order issued under this chapter shall contain such provisions as the court determines would be in the interest of justice and equity...
- California Code of Civil Procedure Section 486.050
(a) Except as otherwise provided in Section 486.040, the temporary protective order may prohibit a transfer by the defendant of any of the defendant's property...
- California Code of Civil Procedure Section 486.060
(a) Notwithstanding any terms of the temporary protective order, the defendant may issue any number of checks against any of the defendant's accounts in a...
- California Code of Civil Procedure Section 486.070
Except as otherwise provided by Section 486.110, a temporary protective order issued under this chapter binds only the defendant, whether or not any other person...
- California Code of Civil Procedure Section 486.080
The temporary protective order shall be personally served on the defendant together with the documents referred to in Section 484.040.
- California Code of Civil Procedure Section 486.090
Except as otherwise provided in this title, the temporary protective order shall expire at the earliest of the following times: (a) Forty days after the...
- California Code of Civil Procedure Section 486.100
Upon ex parte application of the defendant or, if the court so orders, after a noticed hearing, the court may modify or vacate the temporary...
- California Code of Civil Procedure Section 486.110
(a) The service upon the defendant of a temporary protective order pursuant to Section 486.080 creates a lien upon any property, or the proceeds thereof,...
- California Code of Civil Procedure Section 487.010
The following property of the defendant is subject to attachment: (a) Where the defendant is a corporation, all corporate property for which a method of...
- California Code of Civil Procedure Section 487.020
Except as provided in paragraph (2) of subdivision (a) of Section 3439.07 of the Civil Code, the following property is exempt from attachment: (a) All...
- California Code of Civil Procedure Section 487.025
(a) The recording of a homestead declaration (as defined in Section 704.910) does not limit or affect the right of a plaintiff to attach the...
- California Code of Civil Procedure Section 487.030
(a) At any time prior to the entry of judgment in the action, the defendant may claim any exemption provided by subdivision (a) of Section...
- California Code of Civil Procedure Section 488.010
The writ of attachment shall include the following information: (a) The date of issuance of the writ. (b) The title of the court that issued...
- California Code of Civil Procedure Section 488.020
(a) A writ of attachment shall be directed to a levying officer in the county in which property of the defendant described in the writ...
- California Code of Civil Procedure Section 488.030
(a) The plaintiff shall give the levying officer instructions in writing. The instructions shall be signed by the plaintiff's attorney of record or, if the...
- California Code of Civil Procedure Section 488.040
(a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person,...
- California Code of Civil Procedure Section 488.050
(a) Except as otherwise provided by law: (1) As a prerequisite to the performance by the levying officer of a duty under this title, the...
- California Code of Civil Procedure Section 488.060
The notice of attachment shall inform the person notified of all of the following: (a) The capacity in which the person is notified. (b) The...
- California Code of Civil Procedure Section 488.065
A copy of the original notice of attachment which has been served upon a third party holding the property sought to be attached, if served...
- California Code of Civil Procedure Section 488.070
If a writ of attachment has been issued and personal property sought to be attached under the writ is located in a private place of...
- California Code of Civil Procedure Section 488.080
(a) A registered process server may levy under a writ of attachment on the following types of property: (1) Real property, pursuant to Section 488.315....
- California Code of Civil Procedure Section 488.090
Except as otherwise provided by statute, where the method of levy upon property requires that property be taken into custody or where the levying officer...
- California Code of Civil Procedure Section 488.100
The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer's costs for which...
- California Code of Civil Procedure Section 488.110
A third person shall claim an interest in property attached in the manner provided for third-party claims under Division 4 (commencing with Section 720.010) of...
- California Code of Civil Procedure Section 488.120
In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of attachment and a notice of...
- California Code of Civil Procedure Section 488.130
(a) The levying officer to whom the writ of attachment is delivered shall return the writ to the court from which the writ issued, together...
- California Code of Civil Procedure Section 488.140
(a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken...
- California Code of Civil Procedure Section 488.300
If the method of levy under a writ of execution is incorporated by this article, for the purposes of this article references in Article 4...
- California Code of Civil Procedure Section 488.305
At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the writ of attachment and...
- California Code of Civil Procedure Section 488.315
To attach real property, the levying officer shall comply with Section 700.015 and the recorder shall index the copy of the writ of attachment and...
- California Code of Civil Procedure Section 488.325
To attach (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted or accounts...
- California Code of Civil Procedure Section 488.335
Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of the defendant,...
- California Code of Civil Procedure Section 488.345
Unless another method of attachment is provided by this article, to attach tangible personal property in the possession or under the control of a third...
- California Code of Civil Procedure Section 488.355
(a) To attach personal property in the custody of a levying officer, the plaintiff or levying officer shall comply with subdivision (a) of Section 700.050....
- California Code of Civil Procedure Section 488.365
To attach goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has issued a...
- California Code of Civil Procedure Section 488.375
(a) Except as provided by Section 488.385, to attach equipment of a going business in the possession or under the control of the defendant, the...
- California Code of Civil Procedure Section 488.385
(a) To attach a vehicle or vessel for which a certificate of ownership has been issued by the Department of Motor Vehicles, or a mobilehome...
- California Code of Civil Procedure Section 488.395
Except as specified in subdivision (e) and as provided by Sections 488.325 and 488.405: (a) To attach farm products or inventory of a going business...
- California Code of Civil Procedure Section 488.405
(a) This section provides an alternative method of attaching farm products or inventory of a going business in the possession or under the control of...
- California Code of Civil Procedure Section 488.415
To attach personal property used as a dwelling, the levying officer shall comply with Section 700.080.
- California Code of Civil Procedure Section 488.425
If a vehicle or vessel is attached and a certificate of ownership has been issued by the Department of Motor Vehicles for the vehicle or...
- California Code of Civil Procedure Section 488.435
(a) To attach chattel paper, the levying officer shall comply with Section 700.100. (b) In addition to any other rights created by a levy on...
- California Code of Civil Procedure Section 488.440
To attach an instrument, the levying officer shall comply with Section 700.110.
- California Code of Civil Procedure Section 488.445
To attach a negotiable document of title, the levying officer shall comply with Section 700.120.
- California Code of Civil Procedure Section 488.450
To attach a security, the levying officer shall comply with Section 8112 of the Commercial Code. The legal process referred to in Section 8112 of...
- California Code of Civil Procedure Section 488.455
(a) Subject to Sections 488.465 and 684.115, to attach a deposit account, the levying officer shall personally serve a copy of the writ of attachment...
- California Code of Civil Procedure Section 488.460
(a) Subject to Sections 488.465 and 684.115, to attach property in a safe-deposit box, the levying officer shall personally serve a copy of the writ...
- California Code of Civil Procedure Section 488.465
(a) Except as provided in subdivision (b), a deposit account or safe-deposit box standing in the name of a person other than the defendant, either...
- California Code of Civil Procedure Section 488.470
(a) Unless another method of attachment is provided by this article, to attach an account receivable or general intangible, the levying officer shall personally serve...
- California Code of Civil Procedure Section 488.475
(a) The following property may be attached pursuant to this article notwithstanding that the property levied upon is the subject of a pending action or...
- California Code of Civil Procedure Section 488.480
(a) As used in this section, "final money judgment" means a money judgment after the time for appeal from the judgment has expired or, if...
- California Code of Civil Procedure Section 488.485
(a) To attach the interest of the defendant in personal property in the estate of a decedent, whether the interest arises by testate or intestate...
- California Code of Civil Procedure Section 488.500
(a) A levy on property under a writ of attachment creates an attachment lien on the property from the time of levy until the expiration...
- California Code of Civil Procedure Section 488.510
(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released...
- California Code of Civil Procedure Section 488.600
(a) Sections 701.010, 701.020, 701.040, 701.050, 701.060, and 701.070 prescribe duties and liabilities of a third person under a levy made under this title. (b)...
- California Code of Civil Procedure Section 488.610
(a) At the time of service of a copy of the writ of attachment and a notice of attachment on a third person, the levying...
- California Code of Civil Procedure Section 488.620
A third person who gives a garnishee's memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee's memorandum...
- California Code of Civil Procedure Section 488.700
(a) If property has been or is sought to be attached, the court may appoint a receiver or order the levying officer to take any...
- California Code of Civil Procedure Section 488.710
(a) As used in this section, "instrument" means a check, draft, money order, or other order for the withdrawal of money from a financial institution,...
- California Code of Civil Procedure Section 488.720
(a) The defendant may apply by noticed motion to the court in which the action is pending or in which the judgment in the action...
- California Code of Civil Procedure Section 488.730
(a) The levying officer shall release attached property when the levying officer receives a written direction to release the property from the plaintiff's attorney of...
- California Code of Civil Procedure Section 488.740
If the defendant recovers judgment against the plaintiff and no timely motion for vacation of judgment or for judgment notwithstanding the verdict or for a...
- California Code of Civil Procedure Section 489.010
The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except...
- California Code of Civil Procedure Section 489.060
(a) Except as provided in subdivision (b), all undertakings given pursuant to this title shall be presented to a proper court for approval and upon...
- California Code of Civil Procedure Section 489.130
Where the court orders the amount of the undertaking increased pursuant to Section 489.220 or 489.410, the plaintiff's failure to increase the amount of the...
- California Code of Civil Procedure Section 489.210
Before issuance of a writ of attachment, a temporary protective order, or an order under subdivision (b) of Section 491.415, the plaintiff shall file an...
- California Code of Civil Procedure Section 489.220
(a) Except as provided in subdivision (b), the amount of an undertaking filed pursuant to this article shall be ten thousand dollars ($10,000). (b) If,...
- California Code of Civil Procedure Section 489.230
(a) The notice of attachment shall include a statement, in a form adopted by the Judicial Council, advising the defendant that the undertaking has been...
- California Code of Civil Procedure Section 489.310
(a) Whenever a writ is issued, a defendant who has appeared in the action may apply by noticed motion to the court in which the...
- California Code of Civil Procedure Section 489.320
(a) A defendant who has been served with a temporary protective order and who has appeared in the action may apply by noticed motion to...
- California Code of Civil Procedure Section 489.410
(a) At any time after entry of judgment in favor of the defendant and before perfection of an appeal under Section 921, upon motion of...
- California Code of Civil Procedure Section 489.420
If a defendant appeals and the enforcement of the judgment against the defendant is stayed by the filing of a sufficient undertaking on appeal as...
- California Code of Civil Procedure Section 490.010
A wrongful attachment consists of any of the following: (a) The levy under a writ of attachment or the service of a temporary protective order...
- California Code of Civil Procedure Section 490.020
(a) The liability of a plaintiff for causing a wrongful attachment under Section 490.010 includes both of the following: (1) All damages proximately caused to...
- California Code of Civil Procedure Section 490.040
The amount of any recovery for wrongful attachment shall be offset insofar as possible against any unsatisfied amounts owed to the plaintiff by the defendant...
- California Code of Civil Procedure Section 490.060
Nothing in this chapter limits the right to recover for damages caused by an attachment or protective order on any common law theory of recovery.
- California Code of Civil Procedure Section 491.110
(a) Upon ex parte application by the plaintiff and proof by the plaintiff by affidavit or otherwise to the satisfaction of the proper court that...
- California Code of Civil Procedure Section 491.120
In any proceeding for the examination of a third person under this article, witnesses, including the defendant, may be required to appear and testify before...
- California Code of Civil Procedure Section 491.130
(a) The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate...
- California Code of Civil Procedure Section 491.140
(a) If a corporation, partnership, association, trust, or other organization is served with an order to appear for an examination, it shall designate to appear...
- California Code of Civil Procedure Section 491.150
(a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court that issued the...
- California Code of Civil Procedure Section 491.160
(a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court...
- California Code of Civil Procedure Section 491.170
(a) Subject to subdivision (b), if a third person examined pursuant to this article claims an interest in the property adverse to the defendant or...
- California Code of Civil Procedure Section 491.180
In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective...
- California Code of Civil Procedure Section 491.190
(a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article: (1) The court may order the defendant's interest...
- California Code of Civil Procedure Section 491.200
A lien created under this article continues on property subject to the lien notwithstanding the transfer or encumbrance of the property subject to the lien...
- California Code of Civil Procedure Section 491.310
If a third person has possession or control of property in which the defendant has an interest or is indebted to the defendant and the...
- California Code of Civil Procedure Section 491.320
The defendant shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the defendant may...
- California Code of Civil Procedure Section 491.330
(a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following...
- California Code of Civil Procedure Section 491.340
The plaintiff may apply to the court in which an action under this article is pending for either or both of the following: (a) An...
- California Code of Civil Procedure Section 491.350
There is no right to a jury trial in an action under this article.
- California Code of Civil Procedure Section 491.360
If the plaintiff establishes the liability of the third person, the court shall render judgment accordingly. The judgment may be enforced in the same manner...
- California Code of Civil Procedure Section 491.370
Costs incurred by or taxed against the plaintiff in an action under this article may not be recovered from the defendant.
- California Code of Civil Procedure Section 491.410
(a) If the defendant is a party to a pending action or special proceeding, the plaintiff may obtain a lien under this article, to the...
- California Code of Civil Procedure Section 491.415
(a) For the purpose of applying for a right to attach order, the defendant's cause of action that is the subject of the pending action...
- California Code of Civil Procedure Section 491.420
The notice of lien under Section 491.410 shall contain all of the following: (a) A statement that a lien has been created under this article...
- California Code of Civil Procedure Section 491.430
(a) The court in which the action or special proceeding subject to the lien under this article is pending may permit the plaintiff who has...
- California Code of Civil Procedure Section 491.440
(a) Except as provided in subdivision (c) of Section 491.410, unless the lien is released, the judgment recovered in the action or special proceeding in...
- California Code of Civil Procedure Section 491.450
(a) If a lien is created pursuant to this article, the court clerk shall endorse upon the judgment recovered in the action or special proceeding...
- California Code of Civil Procedure Section 491.460
(a) If the defendant is entitled to money or property under the judgment in the action or special proceeding and a lien created under this...
- California Code of Civil Procedure Section 491.470
(a) If a lien is created under this article, the defendant may claim that all or any portion of the money or property that the...
- California Code of Civil Procedure Section 492.010
Notwithstanding subdivision (a) of Section 483.010, an attachment may be issued in any action for the recovery of money brought against any of the following:...
- California Code of Civil Procedure Section 492.020
(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a right to attach...
- California Code of Civil Procedure Section 492.030
(a) The court shall examine the application and supporting affidavit and shall issue a right to attach order, which shall state the amount to be...
- California Code of Civil Procedure Section 492.040
Notwithstanding Sections 487.010 and 487.020, a writ of attachment issued under this chapter may be levied upon any property of a defendant for which a...
- California Code of Civil Procedure Section 492.050
(a) Any defendant whose property has been attached pursuant to a writ issued under this chapter may apply for an order that the right to...
- California Code of Civil Procedure Section 492.060
At any time after a right to attach order and writ of attachment have been issued under this chapter and before the hearing provided by...
- California Code of Civil Procedure Section 492.070
The application shall be executed under oath and shall include all of the following: (a) A statement that the plaintiff has been issued a right...
- California Code of Civil Procedure Section 492.090
The court shall examine the application and supporting affidavit and shall order a writ of attachment to be issued upon the filing of an undertaking...
- California Code of Civil Procedure Section 493.010
As used in this chapter, "general assignment for the benefit of creditors" means an assignment which satisfies all of the following requirements: (a) The assignment...
- California Code of Civil Procedure Section 493.020
Notwithstanding any other provision of this title, the defendant may make a general assignment for the benefit of creditors.
- California Code of Civil Procedure Section 493.030
(a) The making of a general assignment for the benefit of creditors terminates a lien of a temporary protective order or of attachment if the...
- California Code of Civil Procedure Section 493.040
(a) Where a lien of attachment terminates pursuant to Section 493.030, the assignee under a general assignment for the benefit of creditors or, in the...
- California Code of Civil Procedure Section 493.050
(a) The lien of a temporary protective order or of attachment, which has terminated pursuant to Section 493.030, is reinstated with the same effect as...
- California Code of Civil Procedure Section 493.060
(a) Upon the making of a general assignment for the benefit of creditors that terminates a lien under this chapter, the assignee is subrogated to...
- California Code of Civil Procedure Section 501
A person may not be imprisoned in a civil action for debt or tort, whether before or after judgment. Nothing in this section affects any...
- California Code of Civil Procedure Section 511.010
Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Code of Civil Procedure Section 511.020
"Complaint" includes a cross-complaint.
- California Code of Civil Procedure Section 511.030
"Defendant" includes a cross-defendant.
- California Code of Civil Procedure Section 511.040
"Farm products" means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states (such...
- California Code of Civil Procedure Section 511.050
"Inventory" means tangible personal property in the possession of a defendant who holds it for sale or lease or to be furnished under contracts of
- California Code of Civil Procedure Section 511.060
"Levying officer" means the sheriff or marshal who is directed to execute a writ of possession issued under this chapter.
- California Code of Civil Procedure Section 511.070
"Person" includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
- California Code of Civil Procedure Section 511.080
"Plaintiff" means a person who files a complaint or cross-complaint.
- California Code of Civil Procedure Section 511.090
A claim has "probable validity" where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
- California Code of Civil Procedure Section 511.100
"Public entity" includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision...
- California Code of Civil Procedure Section 512.010
(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession...
- California Code of Civil Procedure Section 512.020
(a) Except as otherwise provided in this section, no writ shall be issued under this chapter except after a hearing on a noticed motion. (b)...
- California Code of Civil Procedure Section 512.030
(a) Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following: (1) A copy...
- California Code of Civil Procedure Section 512.040
The "Notice of Application and Hearing" shall inform the defendant of all of the following: (a) A hearing will be held at a place and...
- California Code of Civil Procedure Section 512.050
Each party shall file with the court and serve upon the other party within the time prescribed by rule any affidavits and points and authorities...
- California Code of Civil Procedure Section 512.060
(a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity...
- California Code of Civil Procedure Section 512.070
If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the...
- California Code of Civil Procedure Section 512.080
The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located....
- California Code of Civil Procedure Section 512.090
(a) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing...
- California Code of Civil Procedure Section 512.100
Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence...
- California Code of Civil Procedure Section 512.110
The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues...
- California Code of Civil Procedure Section 512.120
If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant and be liable for all damages sustained...
- California Code of Civil Procedure Section 513.010
(a) Except as otherwise provided by this chapter, the provisions of Chapter 3 (commencing with Section 525) of this title relating to the issuance of...
- California Code of Civil Procedure Section 513.020
In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following: (a) Transferring any...
- California Code of Civil Procedure Section 514.010
(a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of...
- California Code of Civil Procedure Section 514.020
(a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of...
- California Code of Civil Procedure Section 514.030
(a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except...
- California Code of Civil Procedure Section 514.040
The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending within 30 days...
- California Code of Civil Procedure Section 514.050
Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with...
- California Code of Civil Procedure Section 515.010
(a) Except as provided in subdivision (b), the court shall not issue a temporary restraining order or a writ of possession until the plaintiff has...
- California Code of Civil Procedure Section 515.020
(a) The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken...
- California Code of Civil Procedure Section 515.030
(a) The defendant may object to the plaintiff's undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail...
- California Code of Civil Procedure Section 516.010
The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.
- California Code of Civil Procedure Section 516.020
The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.
- California Code of Civil Procedure Section 516.030
The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by this...
- California Code of Civil Procedure Section 516.040
The judicial duties to be performed under this chapter are "subordinate judicial duties" within the meaning of Section 22 of Article VI of the California...
- California Code of Civil Procedure Section 516.050
Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title.
- California Code of Civil Procedure Section 525
An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which...
- California Code of Civil Procedure Section 526
(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief...
- California Code of Civil Procedure Section 526a
An action to obtain a judgment, restraining and preventing any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of...
- California Code of Civil Procedure Section 526b
Every person or corporation bringing, instigating, exciting or abetting, any suit to obtain an injunction, restraining or enjoining the issuance, sale, offering for sale, or...
- California Code of Civil Procedure Section 527
(a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one...
- California Code of Civil Procedure Section 527.3
(a) In order to promote the rights of workers to engage in concerted activities for the purpose of collective bargaining, picketing or other mutual aid...
- California Code of Civil Procedure Section 527.6
(a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an injunction prohibiting harassment as...
- California Code of Civil Procedure Section 527.7
(a) It shall be unlawful for any group, association, organization, society, or other assemblage of two or more persons to meet and to advocate, and...
- California Code of Civil Procedure Section 527.8
(a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be...
- California Code of Civil Procedure Section 527.85
(a) Any chief administrative officer of a postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on...
- California Code of Civil Procedure Section 527.9
(a) A person subject to a temporary restraining order or injunction issued pursuant to Section 527.6, 527.8, or 527.85 or subject to a restraining order...
- California Code of Civil Procedure Section 527.10
(a) The court shall order that any party enjoined pursuant to Section 527.6, 527.8, or 527.85 be prohibited from taking any action to obtain the...
- California Code of Civil Procedure Section 528
An injunction cannot be allowed after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case the...
- California Code of Civil Procedure Section 529
(a) On granting an injunction, the court or judge must require an undertaking on the part of the applicant to the effect that the applicant...
- California Code of Civil Procedure Section 529.1
(a) In all actions in which the court has granted an injunction sought by any plaintiff to enjoin a construction project which has received all...
- California Code of Civil Procedure Section 529.2
(a) In all civil actions, including, but not limited to, actions brought pursuant to Section 21167 of the Public Resources Code, brought by any plaintiff...
- California Code of Civil Procedure Section 530
In all actions which may be hereafter brought when an injunction or restraining order may be applied for to prevent the diversion, diminution or increase...
- California Code of Civil Procedure Section 531
An injunction to suspend the general and ordinary business of a corporation can not be granted without due notice of the application therefor to the...
- California Code of Civil Procedure Section 532
(a) If an injunction is granted without notice to the person enjoined, the person may apply, upon reasonable notice to the judge who granted the...
- California Code of Civil Procedure Section 533
In any action, the court may on notice modify or dissolve an injunction or temporary restraining order upon a showing that there has been a...
- California Code of Civil Procedure Section 534
In any action brought by a riparian owner to enjoin the diversion of water appropriated or proposed to be appropriated, or the use thereof, against...
- California Code of Civil Procedure Section 564
(a) A receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in...
- California Code of Civil Procedure Section 565
Upon the dissolution of any corporation, the Superior Court of the county in which the corporation carries on its business or has its principal place...
- California Code of Civil Procedure Section 566
(a) No party, or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or...
- California Code of Civil Procedure Section 567
Before entering upon the duties of a receiver: (a) The receiver must be sworn to perform the duties faithfully. (b) The receiver shall give an...
- California Code of Civil Procedure Section 568
The receiver has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep...
- California Code of Civil Procedure Section 568.1
Any securities in the hands of a receiver may, under the control of the court, be deposited by the receiver in a securities depository, as...
- California Code of Civil Procedure Section 568.2
(a) A receiver of real property containing rental housing shall notify the court of the existence of any order or notice to correct any substandard...
- California Code of Civil Procedure Section 568.3
Any tenant of real property that is subject to receivership, a tenant association or organization, or any federal, state, or local enforcement agency, may file...
- California Code of Civil Procedure Section 568.5
A receiver may, pursuant to an order of the court, sell real or personal property in the receiver's possession upon the notice and in the...
- California Code of Civil Procedure Section 569
Funds in the hands of a receiver may be deposited in one or more interest bearing accounts in the name and for the benefit of...
- California Code of Civil Procedure Section 570
A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him, shall, before receiving his discharge as such...
- California Code of Civil Procedure Section 571
If a referee or commissioner is appointed by a court and the duties of the referee or commissioner will, or are reasonably anticipated to, involve...
- California Code of Civil Procedure Section 572
When it is admitted by the pleadings, or shown upon the examination of a party to the action, that he or she has in his...
- California Code of Civil Procedure Section 573
Whenever money is paid into or deposited in the court under this chapter, it shall be deposited with the court's treasury as provided in Section...
- California Code of Civil Procedure Section 574
Whenever, in the exercise of its authority, a court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed,...
- California Code of Civil Procedure Section 575
The Judicial Council may promulgate rules governing pretrial conferences, and the time, manner and nature thereof, in civil cases at issue, or in one or...
- California Code of Civil Procedure Section 575.1
(a) The presiding judge of each superior court may prepare, with the assistance of appropriate committees of the court, proposed local rules designed to expedite...
- California Code of Civil Procedure Section 575.2
(a) Local rules promulgated pursuant to Section 575.1 may provide that if any counsel, a party represented by counsel, or a party if in pro...
- California Code of Civil Procedure Section 576
Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may...
- California Code of Civil Procedure Section 577
A judgment is the final determination of the rights of the parties in an action or proceeding.
- California Code of Civil Procedure Section 577.5
In any judgment, or execution upon such judgment, the amount shall be computed and stated in dollars and cents, rejecting fractions.
- California Code of Civil Procedure Section 578
Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it...
- California Code of Civil Procedure Section 579
In an action against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving the action to proceed...
- California Code of Civil Procedure Section 580
(a) The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint, in the statement required by Section...
- California Code of Civil Procedure Section 580a
Whenever a money judgment is sought for the balance due upon an obligation for the payment of which a deed of trust or mortgage with...
- California Code of Civil Procedure Section 580b
(a) No deficiency judgment shall lie in any event for the following: (1) After a sale of real property or an estate for years therein...
- California Code of Civil Procedure Section 580c
In all cases where existing deeds of trust or mortgages are judicially foreclosed, unless a different amount is set up in the mortgage or deed...
- California Code of Civil Procedure Section 580d
No judgment shall be rendered for any deficiency upon a note secured by a deed of trust or mortgage upon real property or an estate...
- California Code of Civil Procedure Section 580e
(a) (1) No deficiency shall be owed or collected, and no deficiency judgment shall be requested or rendered for any deficiency upon a note secured...
- California Code of Civil Procedure Section 580.5
(a) For purposes of this section: (1) "Beneficiary" means a "beneficiary" as defined in paragraph (3) of subdivision (a) of Section 5102 of the Commercial...
- California Code of Civil Procedure Section 580.7
(a) For purposes of this section: (1) "Beneficiary" means a "beneficiary" as defined in paragraph (3) of subdivision (a) of Section 5102 of the Commercial...
- California Code of Civil Procedure Section 581
(a) As used in this section: (1) "Action" means any civil action or special proceeding. (2) "Complaint" means a complaint and a cross-complaint. (3) "Court"...
- California Code of Civil Procedure Section 581c
(a) Only after, and not before, the plaintiff has completed his or her opening statement, or after the presentation of his or her evidence in...
- California Code of Civil Procedure Section 581d
A written dismissal of an action shall be entered in the clerk's register and is effective for all purposes when so entered. All dismissals ordered...
- California Code of Civil Procedure Section 582
In all other cases judgment shall be rendered on the merits.
- California Code of Civil Procedure Section 582.5
In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant,...
- California Code of Civil Procedure Section 583.110
As used in this chapter, unless the provision or context otherwise requires: (a) "Action" includes an action commenced by cross-complaint or other pleading that asserts...
- California Code of Civil Procedure Section 583.120
(a) This chapter applies to a civil action and does not apply to a special proceeding except to the extent incorporated by reference in the...
- California Code of Civil Procedure Section 583.130
It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties...
- California Code of Civil Procedure Section 583.140
Nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel.
- California Code of Civil Procedure Section 583.150
This chapter does not limit or affect the authority of a court to dismiss an action or impose other sanctions under a rule adopted by...
- California Code of Civil Procedure Section 583.160
This chapter applies to a motion for dismissal made in an action commenced before, on, or after the effective date of this chapter, except that...
- California Code of Civil Procedure Section 583.161
No petition filed pursuant to Section 2330 of the Family Code shall be dismissed pursuant to this chapter if any of the following conditions exist:...
- California Code of Civil Procedure Section 583.210
(a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose...
- California Code of Civil Procedure Section 583.220
The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or...
- California Code of Civil Procedure Section 583.230
The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The...
- California Code of Civil Procedure Section 583.240
In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the...
- California Code of Civil Procedure Section 583.250
(a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and...
- California Code of Civil Procedure Section 583.310
An action shall be brought to trial within five years after the action is commenced against the defendant.
- California Code of Civil Procedure Section 583.320
(a) If a new trial is granted in the action the action shall again be brought to trial within the following times: (1) If a...
- California Code of Civil Procedure Section 583.330
The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means: (a) By...
- California Code of Civil Procedure Section 583.340
In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which...
- California Code of Civil Procedure Section 583.350
If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with...
- California Code of Civil Procedure Section 583.360
(a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if...
- California Code of Civil Procedure Section 583.410
(a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion...
- California Code of Civil Procedure Section 583.420
(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred:...
- California Code of Civil Procedure Section 583.430
(a) In a proceeding for dismissal of an action pursuant to this article for delay in prosecution the court in its discretion may require as...
- California Code of Civil Procedure Section 585
Judgment may be had, if the defendant fails to answer the complaint, as follows: (a) In an action arising upon contract or judgment for the...
- California Code of Civil Procedure Section 585.5
(a) Every application to enter default under subdivision (a) of Section 585 shall include, or be accompanied by, an affidavit stating facts showing that the...
- California Code of Civil Procedure Section 586
(a) In the following cases the same proceedings shall be had, and judgment shall be rendered in the same manner, as if the defendant had...
- California Code of Civil Procedure Section 587
An application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit...
- California Code of Civil Procedure Section 587.5
As used in this chapter, unless the context otherwise specifically requires, the following terms apply: (a) "Complaint" includes a cross-complaint. (b) "Defendant" includes a cross-defendant....
- California Code of Civil Procedure Section 588
Issues arise upon the pleadings when a fact or a conclusion of law is maintained by the one party and is controverted by the other....
- California Code of Civil Procedure Section 589
An issue of law arises: (a) Upon a demurrer to the complaint, cross-complaint, or answer, or to some part thereof. (b) Upon a motion to...
- California Code of Civil Procedure Section 590
An issue of fact arises: 1. Upon a material allegation in the complaint controverted by the answer; and, 2. Upon new matters in the answer,...
- California Code of Civil Procedure Section 591
An issue of law must be tried by the court, unless it is referred upon consent; provided, however, that failure on the part of any...
- California Code of Civil Procedure Section 592
Section Five Hundred and Ninety-two. In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as...
- California Code of Civil Procedure Section 594
(a) In superior courts either party may bring an issue to trial or to a hearing, and, in the absence of the adverse party, unless...
- California Code of Civil Procedure Section 594a
The court may, of its own motion, postpone the trial, if at the time fixed for the trial the court is engaged in the trial...
- California Code of Civil Procedure Section 595
The trial of any civil action, or proceeding in a court, or of any administrative proceeding before a state board or commission or officer, irrespective...
- California Code of Civil Procedure Section 595.1
The term "proceeding in a court" as it is used in Section 595 shall include any discovery proceeding, pretrial conference, deposition, interrogatory, or any other...
- California Code of Civil Procedure Section 595.2
In all cases, the court shall postpone a trial, or the hearing of any motion or demurrer, for a period not to exceed thirty (30)...
- California Code of Civil Procedure Section 595.3
In actions involving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction...
- California Code of Civil Procedure Section 595.4
A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the...
- California Code of Civil Procedure Section 596
The party obtaining a postponement of a trial, if required by the adverse party, must consent that the testimony of any witness of such adverse...
- California Code of Civil Procedure Section 597
When the answer pleads that the action is barred by the statute of limitations, or by a prior judgment, or that another action is pending...
- California Code of Civil Procedure Section 597.5
In an action against a physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor,...
- California Code of Civil Procedure Section 598
The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby,...
- California Code of Civil Procedure Section 607
When the jury has been sworn, the trial must proceed in the following order, unless the court, for special reasons otherwise directs: 1. The plaintiff...
- California Code of Civil Procedure Section 607a
In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before...
- California Code of Civil Procedure Section 608
In charging the jury the Court may state to them all matters of law which it thinks necessary for their information in giving their verdict;...
- California Code of Civil Procedure Section 609
Where either party asks special instructions to be given to the jury, the Court must either give such instruction, as requested, or refuse to do...
- California Code of Civil Procedure Section 611
If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the...
- California Code of Civil Procedure Section 612
Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions, or copies...
- California Code of Civil Procedure Section 612.5
Upon the jury retiring for deliberation, the court shall advise the jury of the availability of a written copy of the jury instructions. The court...
- California Code of Civil Procedure Section 613
When the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they must be kept...
- California Code of Civil Procedure Section 614
After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire...
- California Code of Civil Procedure Section 614.5
Except for good cause shown, the judge in his or her discretion need not be present in the court while testimony previously received in evidence...
- California Code of Civil Procedure Section 616
In all cases where the jury are discharged without having rendered a verdict, or are prevented from giving a verdict, by reason of accident or...
- California Code of Civil Procedure Section 617
While the jury are absent the Court may adjourn from time to time, in respect to other business; but it is nevertheless open for every...
- California Code of Civil Procedure Section 618
When the jury, or three-fourths of them, have agreed upon a verdict, they must be conducted into court and the verdict rendered by their foreperson....
- California Code of Civil Procedure Section 619
When the verdict is announced, if it is informal or insufficient, in not covering the issue submitted, it may be corrected by the jury under...
- California Code of Civil Procedure Section 624
The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of...
- California Code of Civil Procedure Section 625
In all cases the court may direct the jury to find a special verdict in writing, upon all, or any of the issues, and in...
- California Code of Civil Procedure Section 626
When a verdict is found for the plaintiff in an action for the recovery of money, or for the cross-complainant when a cross-complaint for the...
- California Code of Civil Procedure Section 627
Section Six Hundred and Twenty-seven. In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff,...
- California Code of Civil Procedure Section 628
In superior courts upon receipt of a verdict, an entry must be made in the minutes of the court, specifying the time of trial, the...
- California Code of Civil Procedure Section 629
The court, before the expiration of its power to rule on a motion for a new trial, either of its own motion, after five days'...
- California Code of Civil Procedure Section 630
(a) Unless the court specified an earlier time for making a motion for directed verdict, after all parties have completed the presentation of all of...
- California Code of Civil Procedure Section 630.01
For purposes of this chapter: (a) "Expedited jury trial" means a consensual, binding jury trial before a reduced jury panel and a judicial officer. (b)...
- California Code of Civil Procedure Section 630.02
The rules and procedures applicable to expedited jury trials are as follows: (a) The procedures in this chapter and in the implementing rules of court...
- California Code of Civil Procedure Section 630.03
(a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited...
- California Code of Civil Procedure Section 630.04
(a) Juries in expedited jury trial cases shall be composed of eight jurors, unless the parties have agreed to fewer. No alternates shall be selected....
- California Code of Civil Procedure Section 630.05
Nothing in this chapter is intended to preclude a jury from deliberating as long as needed.
- California Code of Civil Procedure Section 630.06
(a) The rules of evidence apply in expedited jury trials, unless the parties stipulate otherwise. (b) Any stipulation by the parties to use relaxed rules...
- California Code of Civil Procedure Section 630.07
(a) The verdict in an expedited jury trial case is binding, subject to any written high/low agreement or other stipulations concerning the amount of the...
- California Code of Civil Procedure Section 630.08
(a) By agreeing to participate in the expedited jury trial process, the parties agree to waive any motions for directed verdict, motions to set aside...
- California Code of Civil Procedure Section 630.09
(a) By agreeing to participate in the expedited jury trial process, the parties agree to waive the right to bring post-trial motions or to appeal...
- California Code of Civil Procedure Section 630.10
All statutes and rules governing costs and attorney's fees shall apply in expedited jury trials, unless the parties agree otherwise in the consent order.
- California Code of Civil Procedure Section 630.11
The Judicial Council shall, on or before January 1, 2011, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including,...
- California Code of Civil Procedure Section 630.12
This chapter shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is...
- California Code of Civil Procedure Section 631
(a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the...
- California Code of Civil Procedure Section 631.2
(a) Notwithstanding any other provision of law, the superior court may pay jury fees in civil cases from general funds of the court available therefor....
- California Code of Civil Procedure Section 631.3
(a) Notwithstanding any other law, when a party to the litigation has deposited jury fees with the judge or clerk and that party waives a...
- California Code of Civil Procedure Section 631.5
In all cases of eminent domain the deposits of jury fees and mileage provided for in section 631 of this code shall be made by...
- California Code of Civil Procedure Section 631.7
Ordinarily, unless the court otherwise directs, the trial of a civil action tried by the court without a jury shall proceed in the order specified...
- California Code of Civil Procedure Section 631.8
(a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer...
- California Code of Civil Procedure Section 632
In superior courts, upon the trial of a question of fact by the court, written findings of fact and conclusions of law shall not be...
- California Code of Civil Procedure Section 634
When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or...
- California Code of Civil Procedure Section 635
In all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case...
- California Code of Civil Procedure Section 636
On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section...
- California Code of Civil Procedure Section 638
A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the...
- California Code of Civil Procedure Section 639
(a) When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee...
- California Code of Civil Procedure Section 640
(a) The court shall appoint as referee or referees the person or persons, not exceeding three, agreed upon by the parties. (b) If the parties...
- California Code of Civil Procedure Section 640.5
It is the intent of the Legislature that the practice and cost of referring discovery disputes to outside referees be thoroughly reviewed. Therefore, in addition...
- California Code of Civil Procedure Section 641
A party may object to the appointment of any person as referee, on one or more of the following grounds: (a) A want of any...
- California Code of Civil Procedure Section 641.2
In any action brought under Article 8 (commencing with Section 12600) of Chapter 6, Part 2, Division 3, Title 3 of the Government Code, a...
- California Code of Civil Procedure Section 642
Objections, if any, to a reference or to the referee or referees appointed by the court shall be made in writing, and must be heard...
- California Code of Civil Procedure Section 643
(a) Unless otherwise directed by the court, the referees or commissioner must report their statement of decision in writing to the court within 20 days...
- California Code of Civil Procedure Section 644
(a) In the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must...
- California Code of Civil Procedure Section 645
The decision of the referee appointed pursuant to Section 638 or commissioner may be excepted to and reviewed in like manner as if made by...
- California Code of Civil Procedure Section 645.1
(a) When a referee is appointed pursuant to Section 638, the referee's fees shall be paid as agreed by the parties. If the parties do...
- California Code of Civil Procedure Section 645.2
The Judicial Council shall adopt all rules of court necessary to implement this chapter.
- California Code of Civil Procedure Section 646
An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a Court, tribunal, Judge, or...
- California Code of Civil Procedure Section 647
All of the following are deemed excepted to: the verdict of the jury; the final decision in an action or proceeding; an interlocutory order or...
- California Code of Civil Procedure Section 651
(a) On its own motion or on the motion of a party, where the court finds that such a view would be proper and would...
- California Code of Civil Procedure Section 656
A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or
- California Code of Civil Procedure Section 657
The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial...
- California Code of Civil Procedure Section 657.1
A new trial may also be granted as provided in Section 914 of this code.
- California Code of Civil Procedure Section 658
When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon...
- California Code of Civil Procedure Section 659
(a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his...
- California Code of Civil Procedure Section 659a
Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any affidavits intended to be used upon...
- California Code of Civil Procedure Section 660
On the hearing of such motion, reference may be had in all cases to the pleadings and orders of the court on file, and when...
- California Code of Civil Procedure Section 661
The motion for a new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of...
- California Code of Civil Procedure Section 662
In ruling on such motion, in a cause tried without a jury, the court may, on such terms as may be just, change or add...
- California Code of Civil Procedure Section 662.5
(a) In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper,...
- California Code of Civil Procedure Section 663
A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party...
- California Code of Civil Procedure Section 663a
(a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk...
- California Code of Civil Procedure Section 663.1
The court may grant a new trial of any action or proceeding when all of the following conditions exist: (a) Any proposed bill of exceptions...
- California Code of Civil Procedure Section 663.2
Pending the hearing of a motion pursuant to Section 663.1 to grant a new trial, the time within which a bill of exceptions may be...
- California Code of Civil Procedure Section 664
When trial by jury has been had, judgment must be entered by the clerk, in conformity to the verdict within 24 hours after the rendition...
- California Code of Civil Procedure Section 664.5
(a) In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is...
- California Code of Civil Procedure Section 664.6
If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for...
- California Code of Civil Procedure Section 664.7
(a) Notwithstanding Section 664.6, if parties to a pending construction defect action stipulate personally or, where a party's contribution is paid on its behalf pursuant...
- California Code of Civil Procedure Section 665
When the case is reserved for argument or further consideration, as mentioned in the last section, it may be brought by either party before the...
- California Code of Civil Procedure Section 666
If a claim asserted in a cross-complaint is established at the trial and the amount so established exceeds the demand established by the party against...
- California Code of Civil Procedure Section 667
In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case...
- California Code of Civil Procedure Section 667.7
(a) In any action for injury or damages against a provider of health care services, a superior court shall, at the request of either party,...
- California Code of Civil Procedure Section 668
Except as provided in Section 668.5, the clerk of the superior court, must keep, with the records of the court, a book called the "judgment...
- California Code of Civil Procedure Section 668.5
In those counties where the clerk of the court places individual judgments in the file of actions and either a microfilm copy of the individual...
- California Code of Civil Procedure Section 669
If a party dies after trial and submission of the case to a judge sitting without a jury for decision or after a verdict upon...
- California Code of Civil Procedure Section 670
In superior courts the following papers, without being attached together, shall constitute the judgment roll: (a) In case the complaint is not answered by any...
- California Code of Civil Procedure Section 673
(a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which...
- California Code of Civil Procedure Section 674
(a) Except as otherwise provided in Section 4506 of the Family Code, an abstract of a judgment or decree requiring the payment of money shall...
- California Code of Civil Procedure Section 676
This title shall be known and may be cited as the Uniform Foreign-Money Claims Act.
- California Code of Civil Procedure Section 676.1
As used in this title: (1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with...
- California Code of Civil Procedure Section 676.2
(a) This title applies only to a foreign-money claim in an action or distribution proceeding. (b) This title applies to foreign-money issues even if other...
- California Code of Civil Procedure Section 676.3
(a) The effect of this title may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding...
- California Code of Civil Procedure Section 676.4
(a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim...
- California Code of Civil Procedure Section 676.5
(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to...
- California Code of Civil Procedure Section 676.6
(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in...
- California Code of Civil Procedure Section 676.7
(a) Except as provided in subdivision (c), a judgment or award on a foreign-money claim shall be stated in an amount of the money of...
- California Code of Civil Procedure Section 676.8
The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign...
- California Code of Civil Procedure Section 676.9
(a) With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or...
- California Code of Civil Procedure Section 676.10
(a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this...
- California Code of Civil Procedure Section 676.11
(a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of...
- California Code of Civil Procedure Section 676.12
(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a...
- California Code of Civil Procedure Section 676.13
Unless displaced by particular provisions of this title, the principles of law and equity, including the law merchant, and the law relative to capacity to...
- California Code of Civil Procedure Section 676.14
This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title...
- California Code of Civil Procedure Section 676.15
If any provision of this title or its application to any person or circumstance is held invalid, that invalidity does not affect other provisions or...
- California Code of Civil Procedure Section 676.16
This title applies to actions and distribution proceedings commenced on or after January 1, 1992.
- California Code of Civil Procedure Section 680.010
This title shall be known and may be cited as the Enforcement of Judgments Law.
- California Code of Civil Procedure Section 680.110
Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title.
- California Code of Civil Procedure Section 680.120
"Account debtor" means "account debtor" as defined in paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 680.130
"Account receivable" means "account" as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 680.135
"Affidavit of Identity" means an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the...
- California Code of Civil Procedure Section 680.140
"Chattel paper" means "chattel paper" as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 680.145
"Child support" includes family support.
- California Code of Civil Procedure Section 680.150
"Costs" means costs and disbursements, including but not limited to statutory fees, charges, commissions, and expenses.
- California Code of Civil Procedure Section 680.160
"Court" means the court where the judgment sought to be enforced was entered.
- California Code of Civil Procedure Section 680.170
"Deposit account" means "deposit account" as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 680.180
"Document of title" means "document" as defined in paragraph (30) of subdivision (a) of Section 9102 of the Commercial Code. A document of title is...
- California Code of Civil Procedure Section 680.190
"Equity" means the fair market value of the interest of the judgment debtor in property, or in the case of community property the fair market...
- California Code of Civil Procedure Section 680.200
"Financial institution" means a state or national bank, state or federal savings and loan association or credit union, or like organization, and includes a corporation...
- California Code of Civil Procedure Section 680.210
"General intangibles" means "general intangibles," as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment.
- California Code of Civil Procedure Section 680.220
"Instrument" means "instrument", as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 680.230
"Judgment" means a judgment, order, or decree entered in a court of this state.
- California Code of Civil Procedure Section 680.240
"Judgment creditor" means the person in whose favor a judgment is rendered or, if there is an assignee of record, means the assignee of record....
- California Code of Civil Procedure Section 680.250
"Judgment debtor" means the person against whom a judgment is rendered.
- California Code of Civil Procedure Section 680.260
"Levying officer" means the sheriff or marshal.
- California Code of Civil Procedure Section 680.270
"Money judgment" means that part of a judgment that requires the payment of money.
- California Code of Civil Procedure Section 680.280
"Person" includes a natural person, a corporation, a partnership or other unincorporated association, a general partner of a partnership, a limited liability company, and a...
- California Code of Civil Procedure Section 680.290
"Personal property" includes both tangible and intangible personal property.
- California Code of Civil Procedure Section 680.300
"Principal amount of the judgment" means the total amount of the judgment as entered or as last renewed, together with the costs thereafter added to...
- California Code of Civil Procedure Section 680.310
"Property" includes real and personal property and any interest therein.
- California Code of Civil Procedure Section 680.320
"Real property" includes any right in real property, including but not limited to a leasehold interest in real property.
- California Code of Civil Procedure Section 680.330
"Registered process server" means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business...
- California Code of Civil Procedure Section 680.340
"Secured party" means "secured party" as defined in paragraph (72) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 680.345
"Security" means a "security" as defined in Section 8102 of the Commercial Code.
- California Code of Civil Procedure Section 680.350
"Security agreement" means "security agreement" as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code.
- California Code of Civil Procedure Section 680.360
"Security interest" means "security interest" as defined in Section 1201 of the Commercial Code.
- California Code of Civil Procedure Section 680.365
"Spousal support" includes support for a former spouse.
- California Code of Civil Procedure Section 680.370
"Tangible personal property" includes chattel paper, documents of title, instruments, securities, and money.
- California Code of Civil Procedure Section 680.380
"Writ" includes a writ of execution, a writ of possession of personal property, a writ of possession of real property, and a writ of sale.
- California Code of Civil Procedure Section 681.010
Except as otherwise provided by statute: (a) A money judgment is enforceable as provided in Division 2 (commencing with Section 695.010). (b) A judgment for...
- California Code of Civil Procedure Section 681.020
An assignee of a judgment is not entitled to enforce the judgment under this title unless an acknowledgment of assignment of judgment to that assignee...
- California Code of Civil Procedure Section 681.030
(a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title. (b) The Judicial Council may prescribe the...
- California Code of Civil Procedure Section 681.040
If a paper is required or permitted to be filed with a levying officer under this title, the paper is considered filed when it is...
- California Code of Civil Procedure Section 681.050
If any provision or clause of this title or application thereof to any person or circumstances is held invalid, the invalidity does not affect other...
- California Code of Civil Procedure Section 683.010
Except as otherwise provided by statute or in the judgment, a judgment is enforceable under this title upon entry.
- California Code of Civil Procedure Section 683.020
Except as otherwise provided by statute, upon the expiration of 10 years after the date of entry of a money judgment or a judgment for...
- California Code of Civil Procedure Section 683.030
If a money judgment is payable in installments, the 10-year period of enforceability prescribed by Section 683.020 runs as to each installment from the date...
- California Code of Civil Procedure Section 683.040
If the judgment creditor applies for a writ for the enforcement of a judgment and the application is made more than 10 years after the...
- California Code of Civil Procedure Section 683.050
Nothing in this chapter limits any right the judgment creditor may have to bring an action on a judgment, but any such action shall be...
- California Code of Civil Procedure Section 683.110
(a) The period of enforceability of a money judgment or a judgment for possession or sale of property may be extended by renewal of the...
- California Code of Civil Procedure Section 683.120
(a) The judgment creditor may renew a judgment by filing an application for renewal of the judgment with the court in which the judgment was...
- California Code of Civil Procedure Section 683.130
(a) In the case of a lump-sum money judgment or a judgment for possession or sale of property, the application for renewal of the judgment...
- California Code of Civil Procedure Section 683.140
The application for renewal of the judgment shall be executed under oath and shall include all of the following: (a) The title of the court...
- California Code of Civil Procedure Section 683.150
(a) Upon the filing of the application, the court clerk shall enter the renewal of the judgment in the court records. (b) The fee for...
- California Code of Civil Procedure Section 683.160
(a) The judgment creditor shall serve a notice of renewal of the judgment on the judgment debtor. Service shall be made personally or by first-class...
- California Code of Civil Procedure Section 683.170
(a) The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on...
- California Code of Civil Procedure Section 683.180
(a) If a judgment lien on an interest in real property has been created pursuant to a money judgment and the judgment is renewed pursuant...
- California Code of Civil Procedure Section 683.190
If a lien (other than a judgment lien on an interest in real property or an execution lien) has been created by an enforcement procedure...
- California Code of Civil Procedure Section 683.200
If a judgment is renewed pursuant to this article, any enforcement proceeding previously commenced pursuant to the judgment or to a writ or order issued...
- California Code of Civil Procedure Section 683.210
A judgment may be renewed notwithstanding any stay of enforcement of the judgment, but the renewal of the judgment does not affect the stay of
- California Code of Civil Procedure Section 683.220
If a judgment is renewed pursuant to this article, the date of the filing of the application for renewal shall be deemed to be the...
- California Code of Civil Procedure Section 683.310
Except as otherwise provided in the Family Code, this chapter does not apply to a judgment or order made or entered pursuant to the Family
- California Code of Civil Procedure Section 683.320
This chapter does not apply to a money judgment against a public entity that is subject to Section 965.5 or 970.1 of the Government Code.
- California Code of Civil Procedure Section 684.010
Subject to Chapter 1 (commencing with Section 283) of Title 5 of Part 1 of this code and Section 215 of the Family Code, when...
- California Code of Civil Procedure Section 684.020
(a) Except as provided in subdivision (b), when a writ, notice, order, or other paper is required to be served under this title on the...
- California Code of Civil Procedure Section 684.030
Sections 684.010 and 684.020 do not apply to either of the following: (a) A subpoena or other process to require the attendance of a party....
- California Code of Civil Procedure Section 684.040
If service on an attorney is required under this article, service on the attorney shall be made in any of the following ways: (a) By...
- California Code of Civil Procedure Section 684.050
Service on the attorney for the judgment creditor or the judgment debtor pursuant to the provisions of this article constitutes service on the judgment creditor...
- California Code of Civil Procedure Section 684.110
(a) (1) Subject to subdivisions (b), (c), and (d), if legal process is required to be personally served under this title, service shall be made...
- California Code of Civil Procedure Section 684.115
(a) A financial institution may, and if it has more than nine branches or offices at which it conducts its business within this state, shall,...
- California Code of Civil Procedure Section 684.120
(a) Except as otherwise provided in this title, if a writ, notice, order, or other paper is to be served by mail under this title,...
- California Code of Civil Procedure Section 684.130
(a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person,...
- California Code of Civil Procedure Section 684.140
If a provision of this title provides for service by the levying officer of an order, notice, or other paper that runs in favor of...
- California Code of Civil Procedure Section 684.210
If service of notice of a court hearing is required under this title, proof of service of the notice shall be made at or before...
- California Code of Civil Procedure Section 684.220
Proof of service or of posting or publication under this title may be made by, but is not limited to, the following means: (a) If...
- California Code of Civil Procedure Section 684.310
Except for Sections 684.130 and 684.140, the provisions of Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) do not apply...
- California Code of Civil Procedure Section 685.010
(a) Interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. (b) The Legislature reserves...
- California Code of Civil Procedure Section 685.020
(a) Except as provided in subdivision (b), interest commences to accrue on a money judgment on the date of entry of the judgment. (b) Unless...
- California Code of Civil Procedure Section 685.030
(a) If a money judgment is satisfied in full pursuant to a writ under this title, interest ceases to accrue on the judgment: (1) If...
- California Code of Civil Procedure Section 685.040
The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included...
- California Code of Civil Procedure Section 685.050
(a) If a writ is issued pursuant to this title to enforce a judgment, the costs and interest to be satisfied in a levy under...
- California Code of Civil Procedure Section 685.070
(a) The judgment creditor may claim under this section the following costs of enforcing a judgment: (1) Statutory fees for preparing and issuing, and recording...
- California Code of Civil Procedure Section 685.080
(a) The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in...
- California Code of Civil Procedure Section 685.090
(a) Costs are added to and become a part of the judgment: (1) Upon the filing of an order allowing the costs pursuant to this...
- California Code of Civil Procedure Section 685.095
When a writ is served by a levying officer or registered process server, the costs for that service, as determined pursuant to Section 1033.5, shall...
- California Code of Civil Procedure Section 685.100
(a) Except as otherwise provided by law: (1) As a prerequisite to the performance by the levying officer of a duty under this title, the...
- California Code of Civil Procedure Section 685.110
Nothing in this chapter affects the law relating to prejudgment interest.
- California Code of Civil Procedure Section 686.010
After the death of the judgment creditor, the judgment may be enforced as provided in this title by the judgment creditor's executor or administrator or...
- California Code of Civil Procedure Section 686.020
After the death of the judgment debtor, enforcement of a judgment against property in the judgment debtor's estate is governed by the Probate Code, and...
- California Code of Civil Procedure Section 687.010
(a) The judgment creditor shall give the levying officer instructions in writing. The instructions shall include the signature and name of the judgment creditor's attorney...
- California Code of Civil Procedure Section 687.020
(a) As used in this section, "instrument" means a check, draft, money order, or other order for the withdrawal of money from a financial institution,...
- California Code of Civil Procedure Section 687.030
Except as otherwise provided by statute, where the method of levy upon property requires that the property be taken into custody or where the levying...
- California Code of Civil Procedure Section 687.040
(a) The levying officer or registered process server is not liable for actions taken in conformance with the provisions of this title, including actions taken...
- California Code of Civil Procedure Section 687.050
The levying officer has a special lien, dependent upon possession, on personal property levied upon in the amount of the levying officer's costs for which...
- California Code of Civil Procedure Section 688.010
A proceeding for the purpose of the remedies provided under this article is a limited civil case if (a) the amount of liability sought to...
- California Code of Civil Procedure Section 688.020
(a) Except as otherwise provided by statute, if a warrant may properly be issued by the state, or by a department or agency of the...
- California Code of Civil Procedure Section 688.030
(a) If pursuant to any provision of the Public Resources Code, Public Utilities Code, Revenue and Taxation Code (excluding Sections 3201 to 3204, inclusive), or...
- California Code of Civil Procedure Section 688.040
For the purpose of this article, as used in this title: (a) "Judgment creditor" or "creditor" means the state or the department or agency of...
- California Code of Civil Procedure Section 688.050
For the purpose of applying Section 694.080, 703.050, or 703.100, the date of creation of a tax lien is the earliest of the following times:...
- California Code of Civil Procedure Section 688.110
Except as otherwise provided by statute, if a judgment is entered on a claim for taxes by a public entity, the judgment is enforceable pursuant...
- California Code of Civil Procedure Section 689.010
For the purpose of the remedies provided under this chapter, jurisdiction is conferred upon the superior court.
- California Code of Civil Procedure Section 689.020
(a) Except as otherwise provided by statute, whenever a warrant may properly be issued by a local child support agency pursuant to Section 17522 of...
- California Code of Civil Procedure Section 689.030
(a) Whenever the local child support agency, pursuant to Section 17522 of the Family Code, levies upon property pursuant to a warrant or notice of...
- California Code of Civil Procedure Section 689.040
(a) Notwithstanding any other provision of law, in the case of a writ of execution issued by a court of competent jurisdiction pursuant to Chapter...
- California Code of Civil Procedure Section 689.050
For the purpose of this chapter: (a) "Judgment creditor" or "creditor" means the local child support agency seeking to collect a child or spousal support...
- California Code of Civil Procedure Section 694.010
As used in this chapter: (a) "Operative date" means July 1, 1983. (b) "Prior law" means the applicable law in effect on June 30, 1983.
- California Code of Civil Procedure Section 694.020
Except as otherwise provided in this chapter, this title on and after its operative date applies to all proceedings commenced prior thereto unless in the...
- California Code of Civil Procedure Section 694.030
(a) Except for a judgment described in Section 683.310 or 683.320, the period for enforcement of a money judgment or a judgment for possession or...
- California Code of Civil Procedure Section 694.040
(a) Except as provided in subdivision (c), property levied upon or otherwise subjected to process for enforcement of a money judgment or a judgment for...
- California Code of Civil Procedure Section 694.050
(a) Except as provided in subdivision (b), property levied upon, or property to be sold upon which foreclosure or other proceedings for sale have been...
- California Code of Civil Procedure Section 694.060
Notwithstanding Section 708.230, an action may be commenced pursuant to Section 708.210 within one year after the operative date if the action could have been...
- California Code of Civil Procedure Section 694.070
(a) A third-party claim filed prior to the operative date is governed by prior law. (b) A demand for a third-party claim served on a...
- California Code of Civil Procedure Section 694.080
The exemptions from enforcement of a money judgment provided by this title do not apply to property levied upon or otherwise subjected to a lien...
- California Code of Civil Procedure Section 694.090
On and after the operative date, a declaration of homestead made under prior law pursuant to Title 5 (commencing with Section 1237) of Part 4...
- California Code of Civil Procedure Section 695.010
(a) Except as otherwise provided by law, all property of the judgment debtor is subject to enforcement of a money judgment. (b) If property of...
- California Code of Civil Procedure Section 695.020
(a) Community property is subject to enforcement of a money judgment as provided in the Family Code. (b) Unless the provision or context otherwise requires,...
- California Code of Civil Procedure Section 695.030
(a) Except as otherwise provided by statute, property of the judgment debtor that is not assignable or transferable is not subject to enforcement of a...
- California Code of Civil Procedure Section 695.035
(a) A lessee's interest in real property may be applied to the satisfaction of a money judgment in any of the following circumstances: (1) If...
- California Code of Civil Procedure Section 695.040
Property that is not subject to enforcement of a money judgment may not be levied upon or in any other manner applied to the satisfaction...
- California Code of Civil Procedure Section 695.050
A money judgment against a public entity is not enforceable under this division if the money judgment is subject to Chapter 1 (commencing with Section...
- California Code of Civil Procedure Section 695.060
Except as provided in Section 708.630, a license issued by a public entity to engage in any business, profession, or activity is not subject to...
- California Code of Civil Procedure Section 695.070
(a) Notwithstanding the transfer or encumbrance of property subject to a lien created under this division, if the property remains subject to the lien after...
- California Code of Civil Procedure Section 695.210
The amount required to satisfy a money judgment is the total amount of the judgment as entered or renewed with the following additions and subtractions:...
- California Code of Civil Procedure Section 695.211
(a) Every money judgment or order for child support shall provide notice that interest on arrearages accrues at the legal rate. (b) The notice provisions...
- California Code of Civil Procedure Section 695.220
Money received in satisfaction of a money judgment, except a money judgment for support, is to be credited as follows: (a) The money is first...
- California Code of Civil Procedure Section 695.221
Satisfaction of a money judgment for support shall be credited as follows: (a) The money shall first be credited against the current month's support. (b)...
- California Code of Civil Procedure Section 697.010
Except as otherwise provided by statute, a lien created under this division or under Title 6.5 (commencing with Section 481.010) (attachment) is a lien for...
- California Code of Civil Procedure Section 697.020
(a) If a lien is created on property pursuant to Title 6.5 (commencing with Section 481.010) (attachment) and after judgment in the action a lien...
- California Code of Civil Procedure Section 697.030
Subject to Sections 683.180 to 683.200, inclusive, and to Section 697.040, except where a shorter period is provided by statute, a lien created pursuant to...
- California Code of Civil Procedure Section 697.040
(a) If enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of...
- California Code of Civil Procedure Section 697.050
If a lien created pursuant to this division is extinguished, property held subject to the lien shall be released unless the property is to be...
- California Code of Civil Procedure Section 697.060
(a) An abstract or certified copy of a money judgment of a court of the United States that is enforceable in this state may be...
- California Code of Civil Procedure Section 697.310
(a) Except as otherwise provided by statute, a judgment lien on real property is created under this section by recording an abstract of a money...
- California Code of Civil Procedure Section 697.320
(a) A judgment lien on real property is created under this section by recording an abstract, a notice of support judgment, an interstate lien form...
- California Code of Civil Procedure Section 697.330
(a) In the case of a money judgment entered on an order, decision, or award made under Division 4 (commencing with Section 3200) of the...
- California Code of Civil Procedure Section 697.340
Except as provided in Section 704.950: (a) A judgment lien on real property attaches to all interests in real property in the county where the...
- California Code of Civil Procedure Section 697.350
(a) Except as otherwise provided by statute, a judgment lien on real property is a lien for the amount required to satisfy the money judgment....
- California Code of Civil Procedure Section 697.360
(a) If a judgment lien on real property has been created under a money judgment that is thereafter modified as to its amount, an abstract...
- California Code of Civil Procedure Section 697.370
(a) The judgment creditor may do either of the following: (1) Release from the judgment lien all or a part of the real property subject...
- California Code of Civil Procedure Section 697.380
(a) As used in this section: (1) "Installment judgment lien" means a judgment lien created under Section 697.320. (2) "Lump-sum judgment lien" means a judgment...
- California Code of Civil Procedure Section 697.390
If an interest in real property that is subject to a judgment lien is transferred or encumbered without satisfying or extinguishing the judgment lien: (a)...
- California Code of Civil Procedure Section 697.400
(a) The judgment creditor, judgment debtor, or owner of real property subject to a judgment lien on real property created under Section 697.310, may record...
- California Code of Civil Procedure Section 697.410
(a) If a recorded abstract of a money judgment or certified copy of a money judgment appears to create a judgment lien on real property...
- California Code of Civil Procedure Section 697.510
(a) A judgment lien on personal property described in Section 697.530 is created by filing a notice of judgment lien in the office of the...
- California Code of Civil Procedure Section 697.520
A judgment lien on personal property may be created pursuant to this article as an alternative or in addition to a lien created by levy...
- California Code of Civil Procedure Section 697.530
(a) A judgment lien on personal property is a lien on all interests in the following personal property that are subject to enforcement of the...
- California Code of Civil Procedure Section 697.540
(a) Except as otherwise provided by statute, a judgment lien on personal property is a lien for the amount required to satisfy the money judgment....
- California Code of Civil Procedure Section 697.550
The notice of judgment lien on personal property shall be executed under oath by the judgment creditor's attorney if the judgment creditor has an attorney...
- California Code of Civil Procedure Section 697.560
At the time of filing the notice of judgment lien on personal property or promptly thereafter, the judgment creditor shall serve a copy of the...
- California Code of Civil Procedure Section 697.570
Upon presentation of a notice of judgment lien on personal property for filing and tender of the filing fee to the office of the Secretary...
- California Code of Civil Procedure Section 697.580
(a) Upon the request of any person, the Secretary of State shall issue a certificate showing whether there is on file in that office on...
- California Code of Civil Procedure Section 697.590
(a) As used in this section: (1) "Filing" means: (A) With respect to a judgment lien on personal property, the filing of a notice of...
- California Code of Civil Procedure Section 697.600
(a) A judgment lien on personal property has priority over any other judgment lien thereafter created on the property. (b) For the purpose of this...
- California Code of Civil Procedure Section 697.610
Except as provided in Sections 9617 and 9622 of the Commercial Code, a judgment lien on personal property continues notwithstanding the sale, exchange, or other...
- California Code of Civil Procedure Section 697.620
(a) As used in this section: (1) "Cash proceeds" means money, checks, deposit accounts, and the like. (2) "Proceeds" means identifiable cash proceeds received upon...
- California Code of Civil Procedure Section 697.640
(a) The judgment creditor, judgment debtor, owner of property subject to a judgment lien on personal property created under the judgment, or a person having...
- California Code of Civil Procedure Section 697.650
(a) The judgment creditor may by a writing do any of the following: (1) Release the judgment lien on all the personal property subject to...
- California Code of Civil Procedure Section 697.660
(a) If a notice of judgment lien on personal property filed in the office of the Secretary of State appears to create a judgment lien...
- California Code of Civil Procedure Section 697.670
(a) The Secretary of State may prescribe, provided that a cost-savings would be achieved thereby: (1) The forms for the notice of judgment lien on...
- California Code of Civil Procedure Section 697.710
A levy on property under a writ of execution creates an execution lien on the property from the time of levy until the expiration of...
- California Code of Civil Procedure Section 697.720
Subject to Section 701.630, if an interest in real property subject to an execution lien is transferred or encumbered, the interest transferred or encumbered remains...
- California Code of Civil Procedure Section 697.730
(a) Subject to Section 701.630 and except as provided in subdivision (b), if tangible personal property subject to an execution lien is in the custody...
- California Code of Civil Procedure Section 697.740
Except as provided in Sections 9617 and 9622 of the Commercial Code and in Section 701.630, if personal property subject to an execution lien is...
- California Code of Civil Procedure Section 697.750
Notwithstanding Section 697.740, except as provided in Section 9617 of the Commercial Code and in Section 701.630, if (1) growing crops, (2) timber to be...
- California Code of Civil Procedure Section 697.910
This article applies to liens created by any of the following: (a) An examination proceeding as provided in Section 708.110, 708.120, or 708.205. (b) A...
- California Code of Civil Procedure Section 697.920
Except as provided in Section 9617 of the Commercial Code and in Section 701.630, a lien described in Section 697.910 continues on property subject to...
- California Code of Civil Procedure Section 699.010
Except as otherwise provided by statute, this chapter governs enforcement of a money judgment by a writ of execution.
- California Code of Civil Procedure Section 699.020
At any time after delivery of a writ of execution to a levying officer and before its return, a person indebted to the judgment debtor...
- California Code of Civil Procedure Section 699.030
If personal property sought to be levied upon is located in a private place of the judgment debtor: (a) The levying officer making the levy...
- California Code of Civil Procedure Section 699.040
(a) If a writ of execution is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court...
- California Code of Civil Procedure Section 699.060
(a) The levying officer shall release property levied upon when the levying officer receives a written direction to release the property from the judgment creditor's...
- California Code of Civil Procedure Section 699.070
(a) The court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the...
- California Code of Civil Procedure Section 699.080
(a) A registered process server may levy under a writ of execution on the following types of property: (1) Real property, pursuant to Section 700.015....
- California Code of Civil Procedure Section 699.090
If property that is required by law to be registered or recorded in the name of the owner is levied upon under a writ of...
- California Code of Civil Procedure Section 699.510
(a) Subject to subdivision (b), after entry of a money judgment, a writ of execution shall be issued by the clerk of the court, upon...
- California Code of Civil Procedure Section 699.520
The writ of execution shall require the levying officer to whom it is directed to enforce the money judgment and shall include the following information:...
- California Code of Civil Procedure Section 699.530
(a) Upon delivery of the writ of execution to the levying officer to whom the writ is directed, together with the written instructions of the...
- California Code of Civil Procedure Section 699.540
The notice of levy required by Article 4 (commencing with Section 700.010) shall inform the person notified of all of the following: (a) The capacity...
- California Code of Civil Procedure Section 699.545
A copy of the original notice of levy which has been served upon a third party holding the property sought to be levied upon and...
- California Code of Civil Procedure Section 699.550
In any case where property has been levied upon and, pursuant to a levy, a copy of the writ of execution and a notice of...
- California Code of Civil Procedure Section 699.560
(a) Except as provided in subdivisions (b) and (c), the writ expires and the levying officer to whom the writ of execution is delivered shall...
- California Code of Civil Procedure Section 699.710
Except as otherwise provided by law, all property that is subject to enforcement of a money judgment pursuant to Article 1 (commencing with Section 695.010)...
- California Code of Civil Procedure Section 699.720
(a) The following types of property are not subject to execution: (1) An alcoholic beverage license that is transferable under Article 5 (commencing with Section...
- California Code of Civil Procedure Section 700.010
(a) At the time of levy pursuant to this article or promptly thereafter, the levying officer shall serve a copy of the following on the...
- California Code of Civil Procedure Section 700.015
(a) To levy upon real property, the levying officer shall record with the recorder of the county where the real property is located a copy...
- California Code of Civil Procedure Section 700.020
(a) To levy upon (1) growing crops, (2) timber to be cut, or (3) minerals or the like (including oil and gas) to be extracted...
- California Code of Civil Procedure Section 700.030
Unless another method of levy is provided by this article, to levy upon tangible personal property in the possession or under the control of the...
- California Code of Civil Procedure Section 700.040
(a) Unless another method of levy is provided by this article, to levy upon tangible personal property in the possession or under the control of...
- California Code of Civil Procedure Section 700.050
(a) To levy upon personal property in the custody of a levying officer: (1) If the writ of execution is directed to the levying officer...
- California Code of Civil Procedure Section 700.060
(a) To levy upon goods in the possession of a bailee (as defined in Section 7102 of the Commercial Code) other than one who has...
- California Code of Civil Procedure Section 700.070
To levy upon tangible personal property of a going business in the possession or under the control of the judgment debtor, the levying officer shall...
- California Code of Civil Procedure Section 700.080
(a) To levy upon personal property used as a dwelling, the levying officer shall serve a copy of the writ of execution and a notice...
- California Code of Civil Procedure Section 700.090
If a vehicle or vessel is levied upon and a certificate of ownership has been issued by the Department of Motor Vehicles for such vehicle...
- California Code of Civil Procedure Section 700.100
(a) To levy upon chattel paper, the levying officer shall: (1) If the chattel paper is in the possession of the judgment debtor, take the...
- California Code of Civil Procedure Section 700.110
(a) To levy upon an instrument, the levying officer shall: (1) If the instrument is in the possession of the judgment debtor, take the instrument...
- California Code of Civil Procedure Section 700.120
To levy upon a negotiable document of title, the levying officer shall: (a) If the negotiable document of title is in the possession of the...
- California Code of Civil Procedure Section 700.130
To levy upon a security, the levying officer shall comply with Section 8112 of the Commercial Code. The legal process referred to in Section 8112...
- California Code of Civil Procedure Section 700.140
(a) Subject to Sections 684.115 and 700.160, to levy upon a deposit account, the levying officer shall personally serve a copy of the writ of...
- California Code of Civil Procedure Section 700.150
(a) Subject to Section 700.160, to levy upon property in a safe-deposit box, the levying officer shall personally serve a copy of the writ of...
- California Code of Civil Procedure Section 700.160
(a) Except as provided in subdivision (b), a deposit account or safe-deposit box standing in the name of a person other than the judgment debtor,...
- California Code of Civil Procedure Section 700.170
(a) Unless another method of levy is provided by this article, to levy upon an account receivable or general intangible, the levying officer shall personally...
- California Code of Civil Procedure Section 700.180
(a) The following property may be levied upon pursuant to this article notwithstanding that the property levied upon is the subject of a pending action...
- California Code of Civil Procedure Section 700.190
(a) As used in this section, "final money judgment" means a money judgment after the time for appeal from the judgment has expired or, if...
- California Code of Civil Procedure Section 700.200
(a) To levy upon the interest of the judgment debtor in personal property in the estate of a decedent, whether the interest arises by testate...
- California Code of Civil Procedure Section 701.010
(a) Except as otherwise provided by statute, when a levy is made by service of a copy of the writ of execution and a notice...
- California Code of Civil Procedure Section 701.020
(a) If a third person is required by this article to deliver property to the levying officer or to make payments to the levying officer...
- California Code of Civil Procedure Section 701.030
(a) At the time of service of a copy of the legal process on a third person, the levying officer shall request the third person...
- California Code of Civil Procedure Section 701.035
A third person who gives a garnishee's memorandum pursuant to this title is not liable to any person for the disclosure in the garnishee's memorandum...
- California Code of Civil Procedure Section 701.040
(a) Except as otherwise ordered by the court upon a determination that the judgment creditor's lien has priority over the security interest, if property levied...
- California Code of Civil Procedure Section 701.050
After service of a copy of the writ of execution and a notice of levy on an account debtor obligated on an account receivable, chattel...
- California Code of Civil Procedure Section 701.060
If the levying officer obtains custody of an instrument levied upon and serves the obligor under the instrument pursuant to the levy, the obligor shall...
- California Code of Civil Procedure Section 701.070
If a final money judgment has been levied upon and the levying officer has served the judgment debtor under the final money judgment levied upon,...
- California Code of Civil Procedure Section 701.510
Subject to Sections 687.020 and 701.520, the levying officer shall sell all property that has been levied upon except: (a) Tangible personal property may not...
- California Code of Civil Procedure Section 701.520
(a) Except as provided in this section, any of the following property that has been levied upon shall be collected rather than sold: (1) Accounts...
- California Code of Civil Procedure Section 701.530
(a) Notice of sale of personal property shall be in writing, shall state the date, time, and place of sale, and shall describe the property...
- California Code of Civil Procedure Section 701.540
(a) Notice of sale of an interest in real property shall be in writing, shall state the date, time, and place of sale, shall describe...
- California Code of Civil Procedure Section 701.545
Notice of sale of an interest in real property, other than a leasehold estate with an unexpired term of less than two years at the...
- California Code of Civil Procedure Section 701.547
A notice of sale shall contain the substance of the following statement: "Prospective bidders should refer to Sections 701.510 to 701.680, inclusive, of the Code...
- California Code of Civil Procedure Section 701.550
(a) In addition to the notice of sale required by this article, the levying officer shall, at the time notice of sale is posted pursuant...
- California Code of Civil Procedure Section 701.555
In addition to the notice of sale required by this article, the judgment creditor may advertise the sale in the classified or other advertising section...
- California Code of Civil Procedure Section 701.560
(a) Failure to give notice of sale as required by this article does not invalidate the sale. (b) A levying officer who sells property without...
- California Code of Civil Procedure Section 701.570
(a) A sale of property shall be held at the date, time, and place specified in the notice of sale, which shall be in the...
- California Code of Civil Procedure Section 701.580
The judgment debtor and judgment creditor together may request in writing that a sale be postponed to an agreed day and hour. The request shall...
- California Code of Civil Procedure Section 701.590
(a) Except as otherwise provided in this section, the purchaser at a sale shall pay in cash or by certified check or cashier's check. (b)...
- California Code of Civil Procedure Section 701.600
If the highest bidder does not pay the amount bid as prescribed by Section 701.590: (a) The levying officer shall sell the property: (1) If...
- California Code of Civil Procedure Section 701.610
The levying officer may not be a purchaser or have an interest in any purchase at a sale.
- California Code of Civil Procedure Section 701.620
(a) Property may not be sold unless the amount bid exceeds the total of the following amounts: (1) The amount of all preferred labor claims...
- California Code of Civil Procedure Section 701.630
If property is sold pursuant to this article, the lien under which it is sold, any liens subordinate thereto, and any state tax lien (as...
- California Code of Civil Procedure Section 701.640
The purchaser of property at an execution sale acquires any interest of the judgment debtor in the property sold (1) that is held on the...
- California Code of Civil Procedure Section 701.650
(a) When the purchaser of personal property pays the amount due: (1) If the property is capable of manual delivery, the levying officer shall deliver...
- California Code of Civil Procedure Section 701.660
When the purchaser of an interest in real property pays the amount due to the levying officer, including any amount required to be paid as...
- California Code of Civil Procedure Section 701.670
The certificate of sale or deed of sale shall contain all of the following: (a) The title of the court where the judgment was entered...
- California Code of Civil Procedure Section 701.680
(a) Except as provided in paragraph (1) of subdivision (c), a sale of property pursuant to this article is absolute and may not be set...
- California Code of Civil Procedure Section 701.810
Except as otherwise provided by statute, the levying officer shall distribute the proceeds of sale or collection in the following order: (a) To persons having...
- California Code of Civil Procedure Section 701.820
(a) Promptly after a sale or collection under this title, the levying officer shall distribute the proceeds to the persons entitled thereto or, in cases...
- California Code of Civil Procedure Section 701.830
(a) If there are conflicting claims to all or a portion of the proceeds of sale or collection known to the levying officer before the...
- California Code of Civil Procedure Section 703.010
Except as otherwise provided by statute: (a) The exemptions provided by this chapter or by any other statute apply to all procedures for enforcement of...
- California Code of Civil Procedure Section 703.020
(a) The exemptions provided by this chapter apply only to property of a natural person. (b) The exemptions provided in this chapter may be claimed...
- California Code of Civil Procedure Section 703.030
(a) An exemption for property that is described in this chapter or in any other statute as exempt may be claimed within the time and...
- California Code of Civil Procedure Section 703.040
A purported contractual or other prior waiver of the exemptions provided by this chapter or by any other statute, other than a waiver by failure...
- California Code of Civil Procedure Section 703.050
(a) The determination whether property is exempt or the amount of an exemption shall be made by application of the exemption statutes in effect (1)...
- California Code of Civil Procedure Section 703.060
(a) The Legislature finds and declares that generally persons who enter into contracts do not do so in reliance on an assumption that the exemptions...
- California Code of Civil Procedure Section 703.070
Except as otherwise provided by statute: (a) The exemptions provided by this chapter or by any other statute apply to a judgment for child, family,...
- California Code of Civil Procedure Section 703.080
(a) Subject to any limitation provided in the particular exemption, a fund that is exempt remains exempt to the extent that it can be traced...
- California Code of Civil Procedure Section 703.090
If a judgment creditor has failed to oppose a claim of exemption within the time allowed by Section 703.550 or if property has been determined...
- California Code of Civil Procedure Section 703.100
(a) Subject to subdivision (b), the determination whether property is exempt shall be made under the circumstances existing at the earliest of the following times:...
- California Code of Civil Procedure Section 703.110
If the judgment debtor is married: (a) The exemptions provided by this chapter or by any other statute apply to all property that is subject...
- California Code of Civil Procedure Section 703.115
In determining an exemption based upon the needs of the judgment debtor and the spouse and dependents of the judgment debtor or an exemption based...
- California Code of Civil Procedure Section 703.120
(a) Ten years following the operative date of this title and every 10 years thereafter, the California Law Revision Commission shall review the exempt amounts...
- California Code of Civil Procedure Section 703.130
Pursuant to the authority of paragraph (2) of subsection (b) of Section 522 of Title 11 of the United States Code, the exemptions set forth...
- California Code of Civil Procedure Section 703.140
(a) In a case under Title 11 of the United States Code, all of the exemptions provided by this chapter, including the homestead exemption, other...
- California Code of Civil Procedure Section 703.150
(a) On April 1, 2004, and at each three-year interval ending on April 1 thereafter, the dollar amounts of exemptions provided in subdivision (b) of...
- California Code of Civil Procedure Section 703.510
(a) Except as otherwise provided by statute, property that has been levied upon may be claimed to be exempt as provided in this article. (b)...
- California Code of Civil Procedure Section 703.520
(a) The claimant may make a claim of exemption by filing with the levying officer a claim of exemption together with a copy thereof. The...
- California Code of Civil Procedure Section 703.530
(a) If property is claimed as exempt pursuant to a provision exempting property to the extent necessary for the support of the judgment debtor and...
- California Code of Civil Procedure Section 703.540
Promptly after the filing of the claim of exemption, the levying officer shall serve both of the following on the judgment creditor personally or by...
- California Code of Civil Procedure Section 703.550
Within 10 days after service of the notice of claim of exemption, a judgment creditor who opposes the claim of exemption shall file with the...
- California Code of Civil Procedure Section 703.560
The notice of opposition to the claim of exemption shall be executed under oath and shall include both of the following: (a) An allegation either...
- California Code of Civil Procedure Section 703.570
(a) The hearing on the motion shall be held not later than 30 days from the date the notice of motion was filed with the...
- California Code of Civil Procedure Section 703.580
(a) The claim of exemption and notice of opposition to the claim of exemption constitute the pleadings, subject to the power of the court to...
- California Code of Civil Procedure Section 703.590
If the court extends the time allowed for an act to be done under this article, written notice of the extension shall be filed with...
- California Code of Civil Procedure Section 703.600
An appeal lies from any order made under this article.
- California Code of Civil Procedure Section 703.610
(a) Except as otherwise provided by statute or ordered by the court, the levying officer shall not release, sell, or otherwise dispose of the property...
- California Code of Civil Procedure Section 704.010
(a) Any combination of the following is exempt in the amount of two thousand three hundred dollars ($2,300): (1) The aggregate equity in motor vehicles....
- California Code of Civil Procedure Section 704.020
(a) Household furnishings, appliances, provisions, wearing apparel, and other personal effects are exempt in the following cases: (1) If ordinarily and reasonably necessary to, and...
- California Code of Civil Procedure Section 704.030
Material that in good faith is about to be applied to the repair or improvement of a residence is exempt if the equity in the...
- California Code of Civil Procedure Section 704.040
Jewelry, heirlooms, and works of art are exempt to the extent that the aggregate equity therein does not exceed six thousand seventy-five dollars ($6,075).
- California Code of Civil Procedure Section 704.050
Health aids reasonably necessary to enable the judgment debtor or the spouse or a dependent of the judgment debtor to work or sustain health, and...
- California Code of Civil Procedure Section 704.060
(a) Tools, implements, instruments, materials, uniforms, furnishings, books, equipment, one commercial motor vehicle, one vessel, and other personal property are exempt to the extent that...
- California Code of Civil Procedure Section 704.070
(a) As used in this section: (1) "Earnings withholding order" means an earnings withholding order under Chapter 5 (commencing with Section 706.010) (Wage Garnishment Law)....
- California Code of Civil Procedure Section 704.080
(a) For the purposes of this section: (1) "Deposit account" means a deposit account in which payments of public benefits or social security benefits are...
- California Code of Civil Procedure Section 704.090
(a) The funds of a judgment debtor confined in a prison or facility under the jurisdiction of the Department of Corrections or the Department of...
- California Code of Civil Procedure Section 704.100
(a) Unmatured life insurance policies (including endowment and annuity policies), but not the loan value of such policies, are exempt without making a claim. (b)...
- California Code of Civil Procedure Section 704.110
(a) As used in this section: (1) "Public entity" means the state, or a city, city and county, county, or other political subdivision of the...
- California Code of Civil Procedure Section 704.113
(a) As used in this section, "vacation credits" means vacation credits accumulated by a state employee pursuant to Section 18050 of the Government Code or...
- California Code of Civil Procedure Section 704.114
(a) Notwithstanding any other provision of law, service of an earnings assignment order for support, or an order or notice to withhold income for child...
- California Code of Civil Procedure Section 704.115
(a) As used in this section, "private retirement plan" means: (1) Private retirement plans, including, but not limited to, union retirement plans. (2) Profit-sharing plans...
- California Code of Civil Procedure Section 704.120
(a) Contributions by workers payable to the Unemployment Compensation Disability Fund and by employers payable to the Unemployment Fund are exempt without making a claim....
- California Code of Civil Procedure Section 704.130
(a) Before payment, benefits from a disability or health insurance policy or program are exempt without making a claim. After payment, the benefits are exempt....
- California Code of Civil Procedure Section 704.140
(a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for personal injury is exempt without making...
- California Code of Civil Procedure Section 704.150
(a) Except as provided in Article 5 (commencing with Section 708.410) of Chapter 6, a cause of action for wrongful death is exempt without making...
- California Code of Civil Procedure Section 704.160
(a) Except as provided by Chapter 1 (commencing with Section 4900) of Part 3 of Division 4 of the Labor Code, before payment, a claim...
- California Code of Civil Procedure Section 704.170
Before payment, aid provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or similar aid provided by a charitable...
- California Code of Civil Procedure Section 704.180
Before payment, relocation benefits for displacement from a dwelling which are to be paid pursuant to Chapter 16 (commencing with Section 7260) of Division 7...
- California Code of Civil Procedure Section 704.190
(a) As used in this section, "institution of higher education" means "institution of higher education" as defined in Section 1141(a) of Title 20 of the...
- California Code of Civil Procedure Section 704.200
(a) As used in this section: (1) "Cemetery" has the meaning provided by Section 7003 of the Health and Safety Code. (2) "Family plot" is...
- California Code of Civil Procedure Section 704.210
Property that is not subject to enforcement of a money judgment is exempt without making a claim.
- California Code of Civil Procedure Section 704.710
As used in this article: (a) "Dwelling" means a place where a person resides and may include but is not limited to the following: (1)...
- California Code of Civil Procedure Section 704.720
(a) A homestead is exempt from sale under this division to the extent provided in Section 704.800. (b) If a homestead is sold under this...
- California Code of Civil Procedure Section 704.730
(a) The amount of the homestead exemption is one of the following: (1) Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the...
- California Code of Civil Procedure Section 704.740
(a) Except as provided in subdivision (b), the interest of a natural person in a dwelling may not be sold under this division to enforce...
- California Code of Civil Procedure Section 704.750
(a) Promptly after a dwelling is levied upon (other than a dwelling described in subdivision (b) of Section 704.740), the levying officer shall serve notice...
- California Code of Civil Procedure Section 704.760
The judgment creditor's application shall be made under oath, shall describe the dwelling, and shall contain all of the following: (a) A statement whether or...
- California Code of Civil Procedure Section 704.770
(a) Upon the filing of the application by the judgment creditor, the court shall set a time and place for hearing and order the judgment...
- California Code of Civil Procedure Section 704.780
(a) The burden of proof at the hearing is determined in the following manner: (1) If the records of the county tax assessor indicate that...
- California Code of Civil Procedure Section 704.790
(a) This section applies in any case where the court makes an order for sale of the dwelling upon a hearing at which none of...
- California Code of Civil Procedure Section 704.800
(a) If no bid is received at a sale of a homestead pursuant to a court order for sale that exceeds the amount of the...
- California Code of Civil Procedure Section 704.810
Levy on a homestead that is subject to a lien or encumbrance is not by itself grounds for acceleration of the obligation secured by the...
- California Code of Civil Procedure Section 704.820
If the dwelling is owned by the judgment debtor as a joint tenant or tenant in common or if the interest of the judgment debtor...
- California Code of Civil Procedure Section 704.830
The provisions of Sections 703.590 and 703.600 apply to proceedings under this article.
- California Code of Civil Procedure Section 704.840
(a) Except as provided in subdivision (b), the judgment creditor is entitled to recover reasonable costs incurred in a proceeding under this article. (b) If...
- California Code of Civil Procedure Section 704.850
(a) The levying officer shall distribute the proceeds of sale of a homestead in the following order: (1) To the discharge of all liens and...
- California Code of Civil Procedure Section 704.910
As used in this article: (a) "Declared homestead" means the dwelling described in a homestead declaration. (b) "Declared homestead owner" includes both of the following:...
- California Code of Civil Procedure Section 704.920
A dwelling in which an owner or spouse of an owner resides may be selected as a declared homestead pursuant to this article by recording...
- California Code of Civil Procedure Section 704.930
(a) A homestead declaration recorded pursuant to this article shall contain all of the following: (1) The name of the declared homestead owner. A husband...
- California Code of Civil Procedure Section 704.940
A homestead declaration does not restrict or limit any right to convey or encumber the declared homestead. A homestead declaration, when properly recorded, is prima...
- California Code of Civil Procedure Section 704.950
(a) Except as provided in subdivisions (b) and (c), a judgment lien on real property created pursuant to Article 2 (commencing with Section 697.310) of...
- California Code of Civil Procedure Section 704.960
(a) If a declared homestead is voluntarily sold, the proceeds of sale are exempt in the amount provided by Section 704.730 for a period of...
- California Code of Civil Procedure Section 704.965
If a homestead declaration is recorded prior to the operative date of an amendment to Section 704.730 which increases the amount of the homestead exemption,...
- California Code of Civil Procedure Section 704.970
Whether or not a homestead declaration has been recorded: (a) Nothing in this article affects the right of levy pursuant to a writ of execution....
- California Code of Civil Procedure Section 704.980
(a) A declared homestead may be abandoned by a declaration of abandonment under this section, whether the homestead declaration was recorded pursuant to this article...
- California Code of Civil Procedure Section 704.990
(a) A declared homestead is abandoned by operation of law as to a declared homestead owner if the declared homestead owner or a person authorized...
- California Code of Civil Procedure Section 704.995
(a) The protection of the declared homestead from any creditor having an attachment lien, execution lien, or judgment lien on the dwelling continues after the...
- California Code of Civil Procedure Section 706.010
This chapter shall be known and may be cited as the "Wage Garnishment Law."
- California Code of Civil Procedure Section 706.011
As used in this chapter: (a) "Earnings" means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated...
- California Code of Civil Procedure Section 706.020
Except for an earning assignment order for support, the earnings of an employee shall not be required to be withheld by an employer for payment...
- California Code of Civil Procedure Section 706.021
Notwithstanding any other provision of this title, a levy of execution upon the earnings of an employee shall be made by service of an earnings...
- California Code of Civil Procedure Section 706.022
(a) As used in this section, "withholding period" means the period which commences on the 10th day after service of an earnings withholding order upon...
- California Code of Civil Procedure Section 706.023
Except as otherwise provided in this chapter: (a) An employer shall comply with the first earnings withholding order served upon the employer. (b) If the...
- California Code of Civil Procedure Section 706.024
(a) The amount required to satisfy an earnings withholding order is the total amount required to satisfy the writ of execution on the date the...
- California Code of Civil Procedure Section 706.025
(a) Except as provided in subdivision (b), the amount required to be withheld pursuant to an earnings withholding order shall be paid monthly to the...
- California Code of Civil Procedure Section 706.026
(a) The levying officer shall receive and account for all amounts paid by the employer pursuant to Section 706.025 and shall pay the amounts so...
- California Code of Civil Procedure Section 706.027
If the judgment pursuant to which the earnings withholding order is issued is satisfied before the order otherwise terminates pursuant to Section 706.022, the judgment...
- California Code of Civil Procedure Section 706.028
(a) "Final earnings withholding order for costs and interest" means an earnings withholding order for the collection only of unsatisfied costs and interest, which is...
- California Code of Civil Procedure Section 706.029
Service of an earnings withholding order creates a lien upon the earnings of the judgment debtor that are required to be withheld pursuant to the...
- California Code of Civil Procedure Section 706.030
(a) A "withholding order for support" is an earnings withholding order issued on a writ of execution to collect delinquent amounts payable under a judgment...
- California Code of Civil Procedure Section 706.031
(a) Nothing in this chapter affects an earnings assignment order for support. (b) An earnings assignment order for support shall be given priority over any...
- California Code of Civil Procedure Section 706.032
(a) Except as otherwise provided by statute: (1) If withholding under an earnings withholding order ceases because the judgment debtor's employment has terminated, the earnings...
- California Code of Civil Procedure Section 706.033
If the writ is returned before the earnings withholding order terminates, on termination of the earnings withholding order the levying officer shall make a supplemental...
- California Code of Civil Procedure Section 706.034
The employer may deduct from the earnings of the employee the sum of one dollar and fifty cents ($1.50) for each payment made in accordance...
- California Code of Civil Procedure Section 706.050
Except as otherwise provided in this chapter, the amount of earnings of a judgment debtor exempt from the levy of an earnings withholding order shall...
- California Code of Civil Procedure Section 706.051
(a) For the purposes of this section, "family of the judgment debtor" includes the spouse or former spouse of the judgment debtor. (b) Except as...
- California Code of Civil Procedure Section 706.052
(a) Except as provided in subdivision (b), one-half of the disposable earnings (as defined by Section 1672 of Title 15 of the United States Code)...
- California Code of Civil Procedure Section 706.070
As used in this article: (a) "State" means the State of California and includes any officer, department, board, or agency thereof. (b) "State tax liability"...
- California Code of Civil Procedure Section 706.071
This chapter does not limit the state's right to collect a state tax liability except that (a) no levy upon earnings of an employee held...
- California Code of Civil Procedure Section 706.072
(a) A "withholding order for taxes" is an earnings withholding order issued pursuant to this article to collect a state tax liability and shall be...
- California Code of Civil Procedure Section 706.073
Except as otherwise provided in this article, the provisions of this chapter govern the procedures and proceedings concerning a withholding order for taxes. For the...
- California Code of Civil Procedure Section 706.074
(a) The state may itself issue a withholding order for taxes under this section to collect a state tax liability. The order shall specify the...
- California Code of Civil Procedure Section 706.075
(a) This section applies to any withholding order for taxes issued under this article. (b) Together with the withholding order for taxes, the state shall...
- California Code of Civil Procedure Section 706.076
(a) A withholding order for taxes may be issued pursuant to this section requiring the employer of the taxpayer to withhold an amount in excess...
- California Code of Civil Procedure Section 706.077
(a) Subject to subdivision (b), an employer upon whom a withholding order for taxes is served shall withhold and pay over earnings of the employee...
- California Code of Civil Procedure Section 706.078
(a) Except as provided in subdivision (b), the employer shall not withhold pursuant to a withholding order for taxes from earnings of the employee payable...
- California Code of Civil Procedure Section 706.080
Service of a withholding order for taxes or of any other notice or document required under this chapter in connection with a withholding order for...
- California Code of Civil Procedure Section 706.081
Except for the forms referred to in Section 706.076, the state shall prescribe the form of any order, notice, or other document required by this...
- California Code of Civil Procedure Section 706.082
No review of the taxpayer's tax liability shall be permitted in any court proceedings under this chapter.
- California Code of Civil Procedure Section 706.084
Where a warrant, notice of levy, or notice or order to withhold is served on the employer to enforce a state tax liability of a...
- California Code of Civil Procedure Section 706.100
Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter except for...
- California Code of Civil Procedure Section 706.101
(a) An earnings withholding order shall be served by the levying officer upon the employer by delivery of the order to any of the following:...
- California Code of Civil Procedure Section 706.102
(a) If a writ of execution has been issued to the county where the judgment debtor's employer is to be served and the time specified...
- California Code of Civil Procedure Section 706.103
(a) The levying officer shall serve upon the designated employer all of the following: (1) The original and one copy of the earnings withholding order....
- California Code of Civil Procedure Section 706.104
Any employer who is served with an earnings withholding order shall: (a) Deliver to the judgment debtor a copy of the earnings withholding order and...
- California Code of Civil Procedure Section 706.105
(a) A judgment debtor may claim an exemption under Section 706.051 under either of the following circumstances: (1) No prior hearing has been held with...
- California Code of Civil Procedure Section 706.106
No findings are required in court proceedings under this chapter.
- California Code of Civil Procedure Section 706.108
(a) If a writ of execution has been issued to the county where the judgment debtor's employer is to be served and the time specified...
- California Code of Civil Procedure Section 706.109
An earnings withholding order may not be issued against the earnings of the spouse of the judgment debtor except by court order upon noticed motion.
- California Code of Civil Procedure Section 706.120
Except as provided in Section 706.081, the Judicial Council shall prescribe the form of the applications, notices, claims of exemption, orders, and other documents required...
- California Code of Civil Procedure Section 706.121
The "application for issuance of earnings withholding order" shall be executed under oath and shall include all of the following: (a) The name, the last...
- California Code of Civil Procedure Section 706.122
The "notice to employee of earnings withholding order" shall contain a statement that informs the employee in simple terms of the nature of a wage...
- California Code of Civil Procedure Section 706.123
The "judgment debtor's claim of exemption" shall be executed under oath. The claim of exemption shall indicate how much the judgment debtor believes should be...
- California Code of Civil Procedure Section 706.124
The "judgment debtor's financial statement" shall be executed as provided in Section 703.530 and contain all of the information required by that section and the...
- California Code of Civil Procedure Section 706.125
The "earnings withholding order" shall include all of the following: (a) The name, address, and, if known, the social security number of the judgment debtor....
- California Code of Civil Procedure Section 706.126
(a) The "employer's return" shall be executed under oath. The form for the return provided to the employer shall state all of the following information:...
- California Code of Civil Procedure Section 706.127
(a) The Judicial Council shall prepare "employer's instructions" for employers and revise or supplement these instructions to reflect changes in the law or rules regulating...
- California Code of Civil Procedure Section 706.128
The "judgment creditor's notice of opposition to the claim of exemption" shall be executed under oath and shall include all of the following: (a) The...
- California Code of Civil Procedure Section 706.129
The levying officer shall have copies of the forms for the "judgment debtor's claim of exemption" and "judgment debtor's financial statement" available at the levying...
- California Code of Civil Procedure Section 706.151
The Judicial Council may perform all acts required by the Administrator of the Wage and Hour Division of the United States Department of Labor as...
- California Code of Civil Procedure Section 706.152
If an employer withholds earnings pursuant to this chapter and, with the intent to defraud either the judgment creditor or the judgment debtor, fails to...
- California Code of Civil Procedure Section 706.153
(a) No employer shall defer or accelerate any payment of earnings to an employee with the intent to defeat or diminish the judgment creditor's rights...
- California Code of Civil Procedure Section 706.154
(a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this...
- California Code of Civil Procedure Section 708.010
(a) Except as provided in this section and in subdivision (b) of Section 708.020, the procedure in this article may be used at any time...
- California Code of Civil Procedure Section 708.020
(a) The judgment creditor may propound written interrogatories to the judgment debtor, in the manner provided in Chapter 13 (commencing with Section 2030.010) of Title...
- California Code of Civil Procedure Section 708.030
(a) The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party's behalf,...
- California Code of Civil Procedure Section 708.110
(a) The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a...
- California Code of Civil Procedure Section 708.120
(a) Upon ex parte application by a judgment creditor who has a money judgment and proof by the judgment creditor by affidavit or otherwise to...
- California Code of Civil Procedure Section 708.130
(a) Witnesses may be required to appear and testify before the court or referee in an examination proceeding under this article in the same manner...
- California Code of Civil Procedure Section 708.140
(a) The examination proceedings authorized by this article may be conducted by a referee appointed by the court. The referee may issue, modify, or vacate...
- California Code of Civil Procedure Section 708.150
(a) If a corporation, partnership, association, trust, or other organization is served with an order to appear for an examination, it shall designate to appear...
- California Code of Civil Procedure Section 708.160
(a) Except as otherwise provided in this section, the proper court for examination of a person under this article is the court in which the...
- California Code of Civil Procedure Section 708.170
(a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court...
- California Code of Civil Procedure Section 708.180
(a) Subject to subdivision (b), if a third person examined pursuant to Section 708.120 claims an interest in the property adverse to the judgment debtor...
- California Code of Civil Procedure Section 708.190
The court may permit a person claiming an interest in the property or debt sought to be applied in an examination proceeding to intervene in...
- California Code of Civil Procedure Section 708.200
In any proceeding under this article, the court may, on motion of the person to be examined or on its own motion, make such protective...
- California Code of Civil Procedure Section 708.205
(a) Except as provided in subdivision (b), at the conclusion of a proceeding pursuant to this article, the court may order the judgment debtor's interest...
- California Code of Civil Procedure Section 708.210
If a third person has possession or control of property in which the judgment debtor has an interest or is indebted to the judgment debtor,...
- California Code of Civil Procedure Section 708.220
The judgment debtor shall be joined in an action brought pursuant to this article but is not an indispensable party. The residence of the judgment...
- California Code of Civil Procedure Section 708.230
(a) Except as provided in subdivision (b), an action shall be commenced pursuant to this article before the expiration of the later of the following...
- California Code of Civil Procedure Section 708.240
The judgment creditor may apply to the court in which an action under this article is pending for either or both of the following: (a)...
- California Code of Civil Procedure Section 708.250
Service of summons on the third person creates a lien on the interest of the judgment debtor in the property or on the debt owed...
- California Code of Civil Procedure Section 708.260
(a) In an action brought pursuant to this article, the judgment debtor may claim that all or any portion of the property or debt is...
- California Code of Civil Procedure Section 708.270
There is no right to a jury trial in an action under this article.
- California Code of Civil Procedure Section 708.280
(a) The court shall determine any exemption claim made in the action. If the judgment debtor establishes to the satisfaction of the court that the...
- California Code of Civil Procedure Section 708.290
Costs incurred by or taxed against the judgment creditor in an action under this article may not be recovered from the judgment debtor as a...
- California Code of Civil Procedure Section 708.310
If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor's interest in...
- California Code of Civil Procedure Section 708.320
(a) A lien on a judgment debtor's interest in a partnership or limited liability company is created by service of a notice of motion for...
- California Code of Civil Procedure Section 708.410
(a) A judgment creditor who has a money judgment against a judgment debtor who is a party to a pending action or special proceeding may...
- California Code of Civil Procedure Section 708.420
The notice of lien under Section 708.410 shall contain all of the following: (a) A statement that a lien has been created under this article...
- California Code of Civil Procedure Section 708.430
(a) The court in which the action or special proceeding is pending may permit a judgment creditor who has obtained a lien under this article...
- California Code of Civil Procedure Section 708.440
(a) Except as provided in subdivision (c) of Section 708.410, unless the judgment creditor's money judgment is first satisfied or the lien is released, the...
- California Code of Civil Procedure Section 708.450
(a) If a lien is created under this article, the judgment debtor may claim that all or any portion of the money or property that...
- California Code of Civil Procedure Section 708.460
(a) If a lien is created pursuant to this article, the court clerk shall endorse upon the judgment recovered in the action or special proceeding...
- California Code of Civil Procedure Section 708.470
(a) If the judgment debtor is entitled to money or property under the judgment in the action or special proceeding and a lien created under...
- California Code of Civil Procedure Section 708.480
A lien created under this article may be enforced by any applicable procedure: (a) After the judgment subject to the lien is entered and the...
- California Code of Civil Procedure Section 708.510
(a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign...
- California Code of Civil Procedure Section 708.520
(a) When an application is made pursuant to Section 708.510 or thereafter, the judgment creditor may apply to the court for an order restraining the...
- California Code of Civil Procedure Section 708.530
(a) Except as provided in subdivision (b), the effect and priority of an assignment ordered pursuant to this article is governed by Section 955.1 of...
- California Code of Civil Procedure Section 708.540
The rights of an obligor are not affected by an order assigning the right to payment until notice of the order is received by the...
- California Code of Civil Procedure Section 708.550
(a) The judgment debtor may claim that all or a portion of the right to payment is exempt from enforcement of a money judgment by...
- California Code of Civil Procedure Section 708.560
(a) Either the judgment creditor or the judgment debtor may apply to the court on noticed motion for an order to modify or set aside...
- California Code of Civil Procedure Section 708.610
The provisions of Chapter 5 (commencing with Section 564) and Chapter 5a (commencing with Section 571) of Title 7 govern the appointment, qualifications, powers, rights,...
- California Code of Civil Procedure Section 708.620
The court may appoint a receiver to enforce the judgment where the judgment creditor shows that, considering the interests of both the judgment creditor and...
- California Code of Civil Procedure Section 708.630
(a) The judgment debtor's interest in an alcoholic beverage license may be applied to the satisfaction of a money judgment only as provided in this...
- California Code of Civil Procedure Section 708.710
As used in this article: (a) "Local public entity" means any public entity other than the state. (b) "Public entity" means the state, a county,...
- California Code of Civil Procedure Section 708.720
(a) If a public entity owes money to the judgment debtor, the obligation of the public entity may be applied to the satisfaction of the...
- California Code of Civil Procedure Section 708.730
(a) If money is owing and unpaid to the judgment debtor by a public entity, the judgment creditor may file, in the manner provided in...
- California Code of Civil Procedure Section 708.740
(a) Except as provided in subdivision (e), if money is owing and unpaid to the judgment debtor by a state agency, the judgment creditor shall...
- California Code of Civil Procedure Section 708.750
If money is owing and unpaid to the judgment debtor by a public entity other than a state agency, the judgment creditor shall file the...
- California Code of Civil Procedure Section 708.755
(a) Upon compliance with this section, the lien of a judgment creditor pursuant to this article is created against a lottery prize to be paid...
- California Code of Civil Procedure Section 708.760
(a) If the judgment debtor named in the abstract or certified copy of the judgment filed pursuant to this article is a contractor upon a...
- California Code of Civil Procedure Section 708.770
(a) Except as provided in subdivision (g), promptly after deposit with the court by the public entity, the court clerk shall cause a notice of...
- California Code of Civil Procedure Section 708.775
After the expiration of the period allowed for claiming an exemption under Section 708.770 if no exemption has been claimed, or after the determination of...
- California Code of Civil Procedure Section 708.780
(a) Filing of the abstract or certified copy of the judgment and the affidavit pursuant to this article creates a lien on the money owing...
- California Code of Civil Procedure Section 708.785
(a) The judgment creditor upon filing the abstract or certified copy of the judgment and the affidavit shall pay a fee of six dollars ($6)...
- California Code of Civil Procedure Section 708.790
No public officer or employee is liable for failure to perform a duty imposed by this article unless sufficient information is furnished by the abstract...
- California Code of Civil Procedure Section 708.795
Except as to sums due and unpaid under a judgment for support, nothing in this article authorizes the filing against an overpayment of tax, penalty,...
- California Code of Civil Procedure Section 708.910
As used in this article, "franchise" means a franchise granted by a public entity and all the rights and privileges thereof, other than the franchise...
- California Code of Civil Procedure Section 708.920
(a) The court may, in its discretion, order a franchise applied to the satisfaction of a money judgment upon application by the judgment creditor made...
- California Code of Civil Procedure Section 708.930
Notwithstanding any other provision of this article, an order for application of a franchise to the satisfaction of a money judgment is subject to all...
- California Code of Civil Procedure Section 709.010
(a) As used in this section, "trust" has the meaning provided in Section 82 of the Probate Code. (b) The judgment debtor's interest as a...
- California Code of Civil Procedure Section 709.020
The judgment creditor may apply to the court on noticed motion for an order applying to the satisfaction of a money judgment a contingent remainder,...
- California Code of Civil Procedure Section 709.030
Property in a guardianship or conservatorship estate is not subject to enforcement of a money judgment by a procedure provided in this division, but the...
- California Code of Civil Procedure Section 712.010
After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the...
- California Code of Civil Procedure Section 712.020
A writ of possession or sale issued pursuant to this division shall require the levying officer to whom it is directed to enforce the judgment...
- California Code of Civil Procedure Section 712.030
(a) Upon delivery of the writ of possession or sale to the levying officer to whom the writ is directed, together with the written instructions...
- California Code of Civil Procedure Section 712.040
(a) A writ of possession or sale may be enforced as a writ of execution to satisfy any money judgment included in the judgment for...
- California Code of Civil Procedure Section 712.050
The return of a writ of possession or sale is governed by Section 699.560 (return of writ of execution).
- California Code of Civil Procedure Section 712.060
The court may appoint a receiver pursuant to Article 7 (commencing with Section 708.610) of Chapter 6 of Division 2 to enforce a judgment for...
- California Code of Civil Procedure Section 712.070
Except as provided in Section 695.050, a judgment against a public entity is enforceable under this division.
- California Code of Civil Procedure Section 714.010
(a) A judgment for possession of personal property may be enforced by a writ of possession of personal property issued pursuant to Section 712.010. (b)...
- California Code of Civil Procedure Section 714.020
(a) To execute the writ of possession of personal property, the levying officer shall search for the property specified in the writ and, if the...
- California Code of Civil Procedure Section 714.030
(a) After entry of a judgment for possession of personal property, and whether or not a writ of possession of personal property has been issued,...
- California Code of Civil Procedure Section 715.010
(a) A judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.010. The...
- California Code of Civil Procedure Section 715.020
To execute the writ of possession of real property: (a) The levying officer shall serve a copy of the writ of possession on one occupant...
- California Code of Civil Procedure Section 715.030
The disposition of personal property remaining on the real property after the judgment creditor is placed in possession thereof pursuant to the writ of possession...
- California Code of Civil Procedure Section 715.040
(a) A registered process server may execute the writ of possession of real property as provided in subdivisions (a) and (b) of Section 715.020 if...
- California Code of Civil Procedure Section 715.050
Except with respect to enforcement of a judgment for money, a writ of possession issued pursuant to a judgment for possession in an unlawful detainer...
- California Code of Civil Procedure Section 716.010
(a) A judgment for sale of real or personal property may be enforced by a writ of sale issued pursuant to Section 712.010. (b) In...
- California Code of Civil Procedure Section 716.020
To execute the writ of sale, the levying officer shall: (a) Levy upon the property described in the writ of sale in the manner prescribed...
- California Code of Civil Procedure Section 716.030
(a) If a writ of sale is issued, the judgment creditor may apply to the court ex parte, or on noticed motion if the court...
- California Code of Civil Procedure Section 717.010
A judgment not otherwise enforceable pursuant to this title may be enforced by personally serving a certified copy of the judgment on the person required...
- California Code of Civil Procedure Section 720.010
Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
- California Code of Civil Procedure Section 720.020
"Creditor" means the judgment creditor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property,...
- California Code of Civil Procedure Section 720.030
"Debtor" means the judgment debtor or, in the case of a levy under a writ of attachment or prejudgment writ of possession of personal property,...
- California Code of Civil Procedure Section 720.110
A third person claiming ownership or the right to possession of property may make a third-party claim under this chapter in any of the following...
- California Code of Civil Procedure Section 720.120
A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after...
- California Code of Civil Procedure Section 720.130
(a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the third person and an...
- California Code of Civil Procedure Section 720.140
(a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or...
- California Code of Civil Procedure Section 720.150
(a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with...
- California Code of Civil Procedure Section 720.160
(a) If the creditor files with the levying officer an undertaking that satisfies the requirements of this section within the time allowed under subdivision (b)...
- California Code of Civil Procedure Section 720.170
(a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6...
- California Code of Civil Procedure Section 720.210
(a) Where personal property has been levied upon under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or...
- California Code of Civil Procedure Section 720.220
A person making a third-party claim under this chapter shall file the claim with the levying officer, together with two copies of the claim, after...
- California Code of Civil Procedure Section 720.230
(a) The third-party claim shall be executed under oath and shall contain all of the following: (1) The name of the secured party or lienholder...
- California Code of Civil Procedure Section 720.240
(a) Not later than five days after the third-party claim is filed with the levying officer, the levying officer shall serve the following personally or...
- California Code of Civil Procedure Section 720.250
(a) Except as otherwise provided by statute, if a third-party claim is timely filed, the levying officer may not do any of the following with...
- California Code of Civil Procedure Section 720.260
(a) If the creditor within the time allowed under subdivision (b) of Section 720.240 either files with the levying officer an undertaking that satisfies the...
- California Code of Civil Procedure Section 720.270
(a) In a case where the third person has not filed with the levying officer an undertaking to release the property pursuant to Chapter 6...
- California Code of Civil Procedure Section 720.280
At the time the creditor files an undertaking with the levying officer in response to a third-party claim by a secured party, the creditor shall...
- California Code of Civil Procedure Section 720.290
(a) If the levying officer receives a sufficient deposit from the creditor, the levying officer shall promptly tender or pay the deposit to the secured...
- California Code of Civil Procedure Section 720.310
(a) Not later than 15 days after the third-party claim is filed with the levying officer pursuant to Section 720.120 or 720.220, or 15 days...
- California Code of Civil Procedure Section 720.320
(a) At the time prescribed in subdivision (b) of Section 1005, the petitioner shall do both of the following: (1) Serve notice of the time...
- California Code of Civil Procedure Section 720.330
Promptly after receipt of the notice of the hearing on the third-party claim, the levying officer shall file the following papers with the court: (a)...
- California Code of Civil Procedure Section 720.340
If the creditor has not filed a statement with the levying officer pursuant to Section 720.280 in opposition to a third-party claim by a secured...
- California Code of Civil Procedure Section 720.350
(a) Subject to the power of the court to permit an amendment in the interest of justice: (1) The third-party claim constitutes the pleading of...
- California Code of Civil Procedure Section 720.360
At a hearing on a third-party claim, the third person has the burden of proof.
- California Code of Civil Procedure Section 720.370
If the petition for a hearing was made by the third person, neither the petition nor the proceedings pursuant thereto may be dismissed without the...
- California Code of Civil Procedure Section 720.380
(a) Notwithstanding any other provision of this title, the court may make an order staying the sale of the property under a writ or enjoining...
- California Code of Civil Procedure Section 720.390
At the conclusion of the hearing, the court shall give judgment determining the validity of the third-party claim and may order the disposition of the...
- California Code of Civil Procedure Section 720.400
No findings are required in proceedings under this chapter.
- California Code of Civil Procedure Section 720.410
There is no right to a jury trial in a proceeding pursuant to this chapter.
- California Code of Civil Procedure Section 720.420
An appeal may be taken from a judgment given pursuant to Section 720.390.
- California Code of Civil Procedure Section 720.430
If property has been released pursuant to Section 720.170, 720.270, or 720.660, it may be levied upon or otherwise sought to be applied to the...
- California Code of Civil Procedure Section 720.510
A creditor may make a demand as provided in this chapter that a secured party or lienholder file a third-party claim to personal property that...
- California Code of Civil Procedure Section 720.520
(a) The creditor's demand for a third-party claim by the secured party or lienholder, together with a copy of the demand, shall be filed with...
- California Code of Civil Procedure Section 720.530
The demand for a third-party claim served on a secured party or lienholder shall contain all of the following: (a) The name and address of...
- California Code of Civil Procedure Section 720.540
Except as otherwise provided by statute, the levying officer may not release, sell, or otherwise dispose of the personal property described in the demand before...
- California Code of Civil Procedure Section 720.550
(a) If the secured party or lienholder does not file a third-party claim with the levying officer pursuant to Chapter 3 (commencing with Section 720....
- California Code of Civil Procedure Section 720.610
A third person may give an undertaking to release property pursuant to this chapter in the following cases: (a) Where the third person claims ownership...
- California Code of Civil Procedure Section 720.620
The third person shall file the undertaking to release property with the levying officer, together with two copies of the undertaking: (a) At the time...
- California Code of Civil Procedure Section 720.630
(a) The undertaking to release property shall contain a description of the property to be released and shall describe the interest of the third person....
- California Code of Civil Procedure Section 720.640
(a) If the undertaking to release property is filed with the levying officer at the time the third-party claim is filed, the levying officer shall...
- California Code of Civil Procedure Section 720.650
The third person's undertaking becomes effective when the property described therein is released pursuant to this chapter.
- California Code of Civil Procedure Section 720.660
The levying officer shall release the property described in the third person's undertaking in the manner provided by Section 720.170 promptly after the expiration of...
- California Code of Civil Procedure Section 720.710
The Bond and Undertaking Law (Chapter 2 (commencing with Section 995. 010) of Title 14) applies to a bond given pursuant to this title, except...
- California Code of Civil Procedure Section 720.760
A copy of a notice of motion objecting to an undertaking shall be filed with the levying officer.
- California Code of Civil Procedure Section 720.770
Unless the parties otherwise agree, the hearing on an objection to an undertaking shall be held not less than 10 nor more than 15 days...
- California Code of Civil Procedure Section 720.800
If an undertaking has been filed with a levying officer pursuant to this division, and the undertaking remains in the levying officer's possession when the...
- California Code of Civil Procedure Section 724.010
(a) A money judgment may be satisfied by payment of the full amount required to satisfy the judgment or by acceptance by the judgment creditor...
- California Code of Civil Procedure Section 724.020
The court clerk shall enter satisfaction of a money judgment in the register of actions when the following occur: (a) A writ is returned satisfied...
- California Code of Civil Procedure Section 724.030
When a money judgment is satisfied, the judgment creditor immediately shall file with the court an acknowledgment of satisfaction of judgment. This section does not...
- California Code of Civil Procedure Section 724.040
If an abstract of a money judgment has been recorded with the recorder of any county and the judgment is satisfied, the judgment creditor shall...
- California Code of Civil Procedure Section 724.050
(a) If a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under...
- California Code of Civil Procedure Section 724.060
(a) An acknowledgment of satisfaction of judgment shall contain the following information: (1) The title of the court. (2) The cause and number of the...
- California Code of Civil Procedure Section 724.070
(a) If a judgment creditor intentionally conditions delivery of an acknowledgment of satisfaction of judgment upon the performance of any act or the payment of...
- California Code of Civil Procedure Section 724.080
In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney's fees to the prevailing party.
- California Code of Civil Procedure Section 724.090
The damages recoverable pursuant to this chapter are not in derogation of any other damages or penalties to which an aggrieved person may be entitled...
- California Code of Civil Procedure Section 724.100
(a) If satisfaction of a judgment has been entered in the register of actions, the court clerk shall issue a certificate of satisfaction of judgment...
- California Code of Civil Procedure Section 724.110
(a) The judgment debtor or the owner of real or personal property subject to a judgment lien created under a money judgment may serve on...
- California Code of Civil Procedure Section 724.120
An acknowledgment of partial satisfaction of judgment shall be made in the same manner and by the same person as an acknowledgment of satisfaction of...
- California Code of Civil Procedure Section 724.210
As used in this chapter: (a) "Installment judgment" means a money judgment under which a lien may be created on an interest in real property...
- California Code of Civil Procedure Section 724.220
(a) If real property is subject to a judgment lien created under an installment judgment, the judgment debtor or the owner of real property subject...
- California Code of Civil Procedure Section 724.230
If the judgment creditor does not comply with the demand within the time allowed, the judgment debtor or the owner of the real property subject...
- California Code of Civil Procedure Section 724.240
(a) If the matured installments under the installment judgment have been satisfied as of the date specified in the demand and the judgment creditor fails...
- California Code of Civil Procedure Section 724.250
(a) An acknowledgment of satisfaction of matured installments under an installment judgment shall be made in the same manner and by the same person as...
- California Code of Civil Procedure Section 724.260
In an action or proceeding maintained pursuant to this chapter, the court shall award reasonable attorney's fees to the prevailing party.
- California Code of Civil Procedure Section 725a
The beneficiary or trustee named in a deed of trust or mortgagee named in a mortgage with power of sale upon real property or any...
- California Code of Civil Procedure Section 726
(a) There can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon...
- California Code of Civil Procedure Section 726.5
(a) Notwithstanding subdivision (a) of Section 726 or any other provision of law, except subdivision (d) of this section, a secured lender may elect between...
- California Code of Civil Procedure Section 727
If there be surplus money remaining, after payment of the amount due on the mortgage, lien, or incumbrance, with costs, the Court may cause the...
- California Code of Civil Procedure Section 728
If the debt for which the mortgage, lien, or incumbrance is held is not all due, so soon as sufficient of the property has been...
- California Code of Civil Procedure Section 729.010
(a) If the decree of foreclosure of a mortgage or deed of trust on real property pursuant to Section 726 determines that a deficiency judgment...
- California Code of Civil Procedure Section 729.020
Property sold subject to the right of redemption may be redeemed only by the judgment debtor or the judgment debtor's successor in interest. For the...
- California Code of Civil Procedure Section 729.030
The redemption period during which property may be redeemed from a foreclosure sale under this chapter ends: (a) Three months after the date of sale...
- California Code of Civil Procedure Section 729.035
Notwithstanding any provision of law to the contrary, the sale of a separate interest in a common interest development is subject to the right of...
- California Code of Civil Procedure Section 729.040
(a) Notwithstanding Section 701.660, when the purchaser of an interest in real property sold subject to the right of redemption pays the amount due, the...
- California Code of Civil Procedure Section 729.050
If property is sold subject to the right of redemption, promptly after the sale the levying officer or trustee who conducted the sale shall serve...
- California Code of Civil Procedure Section 729.060
(a) A person who seeks to redeem the property shall deposit the redemption price with the levying officer who conducted the sale before the expiration...
- California Code of Civil Procedure Section 729.070
(a) If the purchaser and the person seeking to redeem the property disagree on the redemption price or as to whether the person is entitled...
- California Code of Civil Procedure Section 729.080
(a) If the redemption price is not deposited pursuant to Section 729.060 before the expiration of the redemption period, or if no additional deposit is...
- California Code of Civil Procedure Section 729.090
(a) From the time of the sale until a redemption, the purchaser is entitled to receive from the person in possession the rents and profits...
- California Code of Civil Procedure Section 730
In all cases of foreclosure of mortgage the attorney's fee shall be fixed by the court in which the proceedings are had, any stipulation in...
- California Code of Civil Procedure Section 730.5
Except as otherwise provided by Section 9604 of the Commercial Code, none of the provisions of this chapter or of Section 580a, 580b, 580c, or...
- California Code of Civil Procedure Section 731
An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as defined in...
- California Code of Civil Procedure Section 731a
Whenever any city, city and county, or county shall have established zones or districts under authority of law wherein certain manufacturing or commercial or airport...
- California Code of Civil Procedure Section 731b
In any action or proceeding to abate the use of an airport or an airpark, proof that the airport or airpark has been in existence...
- California Code of Civil Procedure Section 731c
Injury to formations bearing oil or gas or to oil or gas wells caused by the subsurface migration of any substance as a result of...
- California Code of Civil Procedure Section 731.5
Whenever any person unlawfully closes any public trail, any person who uses such trail or would use such trail, and any association, corporation or other...
- California Code of Civil Procedure Section 732
If a guardian, conservator, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by...
- California Code of Civil Procedure Section 733
Any person who cuts down or carries off any wood or underwood, tree, or timber, or girdles or otherwise injures any tree or timber on...
- California Code of Civil Procedure Section 734
Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of...
- California Code of Civil Procedure Section 735
If a person recover damages for a forcible or unlawlful entry in or upon, or detention of any building or any cultivated real property, judgment...
- California Code of Civil Procedure Section 736
(a) Notwithstanding any other provision of law, a secured lender may bring an action for breach of contract against a borrower for breach of any...
- California Code of Civil Procedure Section 740
In an action for the recovery of property, where the plaintiff shows a right to recover at the time the action was commenced, but it...
- California Code of Civil Procedure Section 741
(a) As used in this section, "good faith improver" has the meaning given that term by Section 871.1. (b) When damages are claimed for withholding...
- California Code of Civil Procedure Section 742
The Court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a Judge thereof...
- California Code of Civil Procedure Section 743
The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon...
- California Code of Civil Procedure Section 744
A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover...
- California Code of Civil Procedure Section 745
The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property: (a)...
- California Code of Civil Procedure Section 746
When real property has been sold pursuant to a levy, the purchaser of the property, or any person who has succeeded to the interest of...
- California Code of Civil Procedure Section 747
An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before...
- California Code of Civil Procedure Section 748
In actions respecting mining claims, proof must be admitted of the customs, usages, or regulations established and in force at the bar or diggings embracing...
- California Code of Civil Procedure Section 749
(a) In an action for damages by a homeowner or trustor against a beneficiary of a trust deed on real property consisting of a single-family...
- California Code of Civil Procedure Section 749.5
(a) In an action for damages by an assignee or a successor in interest against a beneficiary of a trust deed on real property consisting...
- California Code of Civil Procedure Section 751.01
This chapter may be cited as the Destroyed Land Records Relief Law.
- California Code of Civil Procedure Section 751.02
Whenever the public records in the office of the county recorder of any county are lost or destroyed in whole or in any material part...
- California Code of Civil Procedure Section 751.03
Any number of separate parcels of land claimed by the plaintiff may be included in the same action.
- California Code of Civil Procedure Section 751.04
The action shall be commenced by the filing of a verified complaint. The party commencing the action shall be named as plaintiff, and the defendants...
- California Code of Civil Procedure Section 751.05
Upon the filing of the complaint, a summons shall be issued under the seal of the court. The summons shall contain the name of the...
- California Code of Civil Procedure Section 751.06
The summons shall be published in a newspaper of general circulation published in the county in which the action is brought. The newspaper in which...
- California Code of Civil Procedure Section 751.07
If the affidavit provided for in Section 751.09 discloses the name of any person claiming an interest in the property or a lien thereon adverse...
- California Code of Civil Procedure Section 751.08
A copy of the summons and a copy of the memorandum shall be posted in a conspicuous place on each separate parcel of the property...
- California Code of Civil Procedure Section 751.09
At the time of filing the complaint the plaintiff shall file with it his affidavit fully and explicitly setting forth and showing: (a) The character...
- California Code of Civil Procedure Section 751.10
If the affidavit discloses the name of any person claiming any interest in or lien upon the property adverse to the plaintiff, a copy of...
- California Code of Civil Procedure Section 751.11
Upon the completion of the publication and posting of the summons and its service or mailing as provided for in Section 751.10, the court has...
- California Code of Civil Procedure Section 751.12
At any time within three months after the first publication of the summons, or such further time not exceeding 30 days as the court for...
- California Code of Civil Procedure Section 751.13
At the time of filing the complaint the plaintiff, and at the time of filing his or her answer every defendant claiming any affirmative relief,...
- California Code of Civil Procedure Section 751.14
Judgment in any such action shall not be given by default, but the court must require proof of the facts alleged in the complaint and...
- California Code of Civil Procedure Section 751.15
The judgment shall determine all estates, rights, titles, interests, and claims in and to such property and every part thereof, whether legal or equitable, present...
- California Code of Civil Procedure Section 751.16
A certified copy of the judgment shall be recorded in the office of the recorder of the county in which the action was commenced. Any...
- California Code of Civil Procedure Section 751.17
Except as otherwise provided in this chapter, all rules of law relating to evidence, pleading, practice, new trials, and appeals applicable to other civil actions...
- California Code of Civil Procedure Section 751.18
At any time after the issuance of summons, any party to the action may take depositions in conformity to law upon notice to the adverse...
- California Code of Civil Procedure Section 751.19
The clerk shall number all actions authorized by this chapter consecutively in a distinct series and shall keep an index and register devoted exclusively to...
- California Code of Civil Procedure Section 751.20
Whenever judgment in an action authorized by this chapter has been entered as to any real property, no other action relative to all or any...
- California Code of Civil Procedure Section 751.21
An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another may maintain as plaintiff, and may appear...
- California Code of Civil Procedure Section 751.22
The remedies provided for by this chapter are cumulative and in addition to any other remedy provided by law for quieting or establishing title to...
- California Code of Civil Procedure Section 751.23
Where the title to real property may be established or quieted pursuant to this chapter, any person who is or claims to be the owner...
- California Code of Civil Procedure Section 751.24
The notice shall be signed by the claimant or by his agent and shall be verified by the oath of the party signing it, to...
- California Code of Civil Procedure Section 751.25
Upon the filing of the notice for recordation the recorder shall record the notice in the same manner as provided in Section 409.
- California Code of Civil Procedure Section 751.26
After three days after the notice has been filed for record, all persons who may begin actions pursuant to this chapter shall be deemed to...
- California Code of Civil Procedure Section 751.27
After three days after the filing of the notice for record, any person who begins an action pursuant to this chapter to perfect or establish...
- California Code of Civil Procedure Section 751.28
An executor, administrator, guardian, conservator, or other person holding the possession of property in the right of another, may make, sign, verify, and file for...
- California Code of Civil Procedure Section 751.50
If the boundaries of land owned either by public or by private entities have been disturbed by earth movements such as, but not limited to,...
- California Code of Civil Procedure Section 751.51
(a) An action authorized by this chapter may be commenced by: (1) A county in which lands were affected by a disaster described in Section...
- California Code of Civil Procedure Section 751.52
An entity which is a permissive plaintiff under this chapter, may bring a separate action with respect to separate portions of the disaster area of...
- California Code of Civil Procedure Section 751.53
The complaint shall substantially include: (a) A statement of the facts which make the provisions of this chapter applicable. (b) A description of the exterior...
- California Code of Civil Procedure Section 751.54
Summons, publication of notice, posting and related matters and procedures shall be governed by the provisions of Sections 751.05 through 751.10, inclusive, of the Code...
- California Code of Civil Procedure Section 751.55
Upon the completion of the service, publication and posting of the summons, as may be required by this chapter, the court has complete jurisdiction over...
- California Code of Civil Procedure Section 751.56
(a) An answer to the complaint must be served within 90 days after the first publication of the notice, or such further time not exceeding...
- California Code of Civil Procedure Section 751.57
A party to an action authorized by this chapter may file a notice of the pendency of the action in the form and at the...
- California Code of Civil Procedure Section 751.58
The vacating of streets, highways or other public ways within or abutting the area affected by the disaster, in whole or in part, by the...
- California Code of Civil Procedure Section 751.59
In an action of the type authorized by this chapter, judgment shall not be given by default, but the court must require proof of the...
- California Code of Civil Procedure Section 751.60
The judgment shall: (a) Determine the land boundaries of each parcel of land located within the entire area of real property sought to be affected...
- California Code of Civil Procedure Section 751.61
In reaching the conclusions called for by Section 751.60, the court shall give effect to the changes in land boundaries caused by the disaster, mitigated,...
- California Code of Civil Procedure Section 751.62
The judgment shall be conclusive with respect to land boundaries upon every entity who at the commencement of the action had or claimed an estate,...
- California Code of Civil Procedure Section 751.63
A certified copy of the judgment shall be recorded, at the expense of the plaintiff or plaintiffs in the action, in the office of the...
- California Code of Civil Procedure Section 751.64
The remedies provided for by this chapter are cumulative and in addition to any other remedy provided by law for quieting or establishing title to...
- California Code of Civil Procedure Section 751.65
This chapter may be cited as the Cullen Earthquake Act.
- California Code of Civil Procedure Section 760.010
As used in this chapter: (a) "Claim" includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. (b)...
- California Code of Civil Procedure Section 760.020
(a) An action may be brought under this chapter to establish title against adverse claims to real or personal property or any interest therein. (b)...
- California Code of Civil Procedure Section 760.030
(a) The remedy provided in this chapter is cumulative and not exclusive of any other remedy, form or right of action, or proceeding provided by...
- California Code of Civil Procedure Section 760.040
(a) The superior court has jurisdiction of actions under this chapter. (b) The court has complete jurisdiction over the parties to the action and the...
- California Code of Civil Procedure Section 760.050
Subject to the power of the court to transfer actions, the proper county for the trial of an action under this chapter is: (a) Where...
- California Code of Civil Procedure Section 760.060
The statutes and rules governing practice in civil actions generally apply to actions under this chapter except where they are inconsistent with the provisions of...
- California Code of Civil Procedure Section 761.010
(a) An action under this chapter is commenced by filing a complaint with the court. (b) Immediately upon commencement of the action, the plaintiff shall...
- California Code of Civil Procedure Section 761.020
The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action....
- California Code of Civil Procedure Section 761.030
(a) The answer shall be verified and shall set forth: (1) Any claim the defendant has. (2) Any facts tending to controvert such material allegations...
- California Code of Civil Procedure Section 761.040
(a) The defendant may by cross-complaint seek affirmative relief in the action. (b) If the defendant seeks a determination of title as of a date...
- California Code of Civil Procedure Section 762.010
The plaintiff shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is
- California Code of Civil Procedure Section 762.020
(a) If the name of a person required to be named as a defendant is not known to the plaintiff, the plaintiff shall so state...
- California Code of Civil Procedure Section 762.030
(a) If a person required to be named as a defendant is dead and the plaintiff knows of a personal representative, the plaintiff shall join...
- California Code of Civil Procedure Section 762.040
The court upon its own motion may, and upon motion of any party shall, make such orders as appear appropriate: (a) For joinder of such...
- California Code of Civil Procedure Section 762.050
Any person who has a claim to the property described in the complaint may appear in the proceeding. Whether or not the person is named...
- California Code of Civil Procedure Section 762.060
(a) In addition to the persons required to be named as defendants in the action, the plaintiff may name as defendants "all persons unknown, claiming...
- California Code of Civil Procedure Section 762.070
A person named and served as an unknown defendant has the same rights as are provided by law in cases of all other defendants named...
- California Code of Civil Procedure Section 762.080
The court upon its own motion may, and upon motion of any party shall, make such orders for appointment of guardians ad litem as appear...
- California Code of Civil Procedure Section 762.090
(a) The state may be joined as a party to an action under this chapter. (b) This section does not constitute a change in, but...
- California Code of Civil Procedure Section 763.010
(a) The form, content, and manner of the service of summons shall be the same as in civil actions generally. (b) If upon affidavit it...
- California Code of Civil Procedure Section 763.020
Whenever the court orders service by publication, the order is subject to the following conditions: (a) The plaintiff shall post, not later than 10 days...
- California Code of Civil Procedure Section 763.030
(a) Whenever the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property...
- California Code of Civil Procedure Section 763.040
Whenever the court orders service by publication, the court before hearing the case shall require proof that the summons has been served, posted, published as...
- California Code of Civil Procedure Section 764.010
The court shall examine into and determine the plaintiff's title against the claims of all the defendants. The court shall not enter judgment by default...
- California Code of Civil Procedure Section 764.020
(a) If in an action under this chapter the validity or interpretation of a gift, devise, bequest, or trust, under a will or instrument purporting...
- California Code of Civil Procedure Section 764.030
The judgment in the action is binding and conclusive on all of the following persons, regardless of any legal disability: (a) All persons known and...
- California Code of Civil Procedure Section 764.045
Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who...
- California Code of Civil Procedure Section 764.060
The relief granted in an action or proceeding directly or collaterally attacking the judgment in the action, whether based on lack of actual notice to...
- California Code of Civil Procedure Section 764.070
Notwithstanding any other provision of this chapter, the judgment in the action is not binding or conclusive on the following: (a) The state, unless individually...
- California Code of Civil Procedure Section 764.080
(a) In any action brought to quiet title to land that has been subject to an agreement entered into pursuant to Section 6307 or 6357...
- California Code of Civil Procedure Section 765.010
A public officer or employee whose property is subject to a lien or other encumbrance in violation of Section 6223 of the Government Code may...
- California Code of Civil Procedure Section 765.020
A petition under this article shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or...
- California Code of Civil Procedure Section 765.030
If the court determines that the lien or other encumbrance is in violation of Section 6223 of the Government Code, the court shall issue an...
- California Code of Civil Procedure Section 765.040
Any lien or encumbrance claimant who records or files, or directs another to record or file, a lien or other encumbrance in violation of Section...
- California Code of Civil Procedure Section 765.050
This article does not apply to a document which acts as a claim of encumbrance by a financial institution, as defined in subdivision (a) of...
- California Code of Civil Procedure Section 765.060
If a lien or other encumbrance is recorded or filed in violation of Section 6223 of the Government Code, the state or local agency that...
- California Code of Civil Procedure Section 770.010
As used in this article: (a) "Acquired" means received or taken by conveyance, judgment, decree, or otherwise. (b) "Property" means any right, title, or interest...
- California Code of Civil Procedure Section 770.020
If property is acquired or stands of record in the name of a person who heretofore or hereafter transfers the property under a name other...
- California Code of Civil Procedure Section 770.030
The proceeding shall be brought in the superior court of the county in which the property or any part thereof is situated.
- California Code of Civil Procedure Section 770.040
(a) The proceeding may be brought by a subsequent owner of the property by filing a petition with the court. (b) At any time before...
- California Code of Civil Procedure Section 770.050
(a) The petition shall be verified in the manner provided for verification of a complaint. (b) The petition may be substantially entitled, "In the matter...
- California Code of Civil Procedure Section 770.060
(a) Upon the filing of the petition, the clerk shall set the petition for hearing by the court. (b) The petitioner shall give notice of...
- California Code of Civil Procedure Section 770.070
(a) At the time fixed for the hearing or such time thereafter as may be fixed by the court, the court shall hear the proofs...
- California Code of Civil Procedure Section 770.080
(a) After the decree has become final it constitutes prima facie evidence of the matters thereby determined and it is presumed that the identity of...
- California Code of Civil Procedure Section 771.010
If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was...
- California Code of Civil Procedure Section 771.020
(a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a...
- California Code of Civil Procedure Section 772.010
This article applies only to lands within a city in any county with a population exceeding 4,000,000, or with a population of more than 700,000...
- California Code of Civil Procedure Section 772.020
As used in this article: (a) "Surface zone" means the zone which lies above a plane which is 500 feet below the surface of the...
- California Code of Civil Procedure Section 772.030
(a) If a mining rights lease, including a community lease, exists for the production of oil, gas, or other hydrocarbons, and a right of entry...
- California Code of Civil Procedure Section 772.040
The court may render a judgment terminating the lessee's right of entry or occupation of the surface and surface zone, subject to such conditions as...
- California Code of Civil Procedure Section 772.050
(a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface...
- California Code of Civil Procedure Section 772.060
It is against public policy for any oil or gas lease, at its inception, to provide for the waiver of any rights created by this...
- California Code of Civil Procedure Section 801.1
An action may be brought to determine adverse interests in, liens or clouds upon title to real property arising out of any public improvement assessment...
- California Code of Civil Procedure Section 801.2
The action may be brought as a separate action or joined as a cause with other causes of action to determine adverse claims to and...
- California Code of Civil Procedure Section 801.3
The complaint shall include as defendants to the action (a) all persons known to the plaintiff owning or claiming an interest under such public improvement...
- California Code of Civil Procedure Section 801.4
The complaint shall also include, as defendants, unknown persons owning or claiming an interest in such bond, special assessment or certificate of sale and they...
- California Code of Civil Procedure Section 801.5
Within ten days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the recorder of the...
- California Code of Civil Procedure Section 801.6
Within three years after the filing of the complaint, a summons shall be issued which shall contain the matters required by Section 412.20, designating the...
- California Code of Civil Procedure Section 801.7
Within thirty days after the issuance of the summons, the plaintiff shall post, or cause to be posted, a copy thereof in a conspicuous place...
- California Code of Civil Procedure Section 801.8
All known defendants shall be served in the manner provided by law for the service of a summons in a civil action. All unknown defendants...
- California Code of Civil Procedure Section 801.9
In addition to the matters required to be set forth in the affidavit by the plaintiff for publication of summons, it shall appear by the...
- California Code of Civil Procedure Section 801.10
All unknown defendants, including the heirs and devisees designated in the complaint, shall have the same rights as are provided by law for other defendants...
- California Code of Civil Procedure Section 801.11
On the trial of the action, the court shall determine the rights of all the parties thereto and shall require proof of the facts alleged....
- California Code of Civil Procedure Section 801.12
If the court determines that none of the defendants have any right, title, interest, lien or estate in the property, it shall render its final...
- California Code of Civil Procedure Section 801.13
If the court orders a sale of the property or a partition thereof, the same shall be made in accordance with the provisions of Title...
- California Code of Civil Procedure Section 801.14
The decree, after it has become final, is conclusive against all persons named in the complaint who have been served and all unknown persons and...
- California Code of Civil Procedure Section 801.15
After the judgment has become final, a certified copy thereof shall be delivered to the public officer having the record of the assessment, bond or...
- California Code of Civil Procedure Section 802
The writ of sire facies is abolished.
- California Code of Civil Procedure Section 803
An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint...
- California Code of Civil Procedure Section 804
Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint...
- California Code of Civil Procedure Section 805
In every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to...
- California Code of Civil Procedure Section 806
If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person,...
- California Code of Civil Procedure Section 807
If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action,...
- California Code of Civil Procedure Section 808
When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to...
- California Code of Civil Procedure Section 809
When a defendant, against whom such action has been brought, is adjudged guilty of usurping or intruding into, or unlawfully holding any office, franchise, or...
- California Code of Civil Procedure Section 810
Section Eight Hundred and Ten. When the action is brought upon the information or application of a private party, the Attorney General may require such...
- California Code of Civil Procedure Section 811
The action provided for in this chapter may be maintained by the board of supervisors of any county or city and county or the legislative...
- California Code of Civil Procedure Section 850
Upon the failure of any co-owner of a mine or mining claim to contribute his proportionate share of the taxes which have been levied and...
- California Code of Civil Procedure Section 851
The notice shall be served in the manner provided by law for the service of a summons in a civil action, but where service is...
- California Code of Civil Procedure Section 852
If prior to the expiration of 90 days from the service the delinquent fails or refuses to contribute his proportionate share of the taxes, the...
- California Code of Civil Procedure Section 853
If the mine or claim is situated in more than one county, the petition may be filed in the superior court of either county.
- California Code of Civil Procedure Section 854
The clerk shall set the petition for hearing by the court and give notice thereof by causing a notice of the time and place of...
- California Code of Civil Procedure Section 855
The court shall hear evidence for or against the petition and may order judgment thereon vesting the interest of the delinquent in the mine or...
- California Code of Civil Procedure Section 856
A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the mine...
- California Code of Civil Procedure Section 860
A public agency may upon the existence of any matter which under any other law is authorized to be determined pursuant to this chapter, and...
- California Code of Civil Procedure Section 861
Jurisdiction of all interested parties may be had by publication of summons pursuant to Section 6063 of the Government Code in a newspaper of general...
- California Code of Civil Procedure Section 861.1
The summons shall be directed to "all persons interested in the matter of [specifying the matter]," and shall contain a notice to all persons interested...
- California Code of Civil Procedure Section 862
Jurisdiction shall be complete after the date specified in the summons. Any party interested may, not later than the date specified in the summons, appear...
- California Code of Civil Procedure Section 863
If no proceedings have been brought by the public agency pursuant to this chapter, any interested person may bring an action within the time and...
- California Code of Civil Procedure Section 864
For purposes of this chapter, bonds, warrants, contracts, obligations, and evidences of indebtedness shall be deemed to be in existence upon their authorization. Bonds and...
- California Code of Civil Procedure Section 865
If more than one action is pending concerning similar contests which may be brought under this chapter, they shall be consolidated for trial.
- California Code of Civil Procedure Section 866
The court hearing the action shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.
- California Code of Civil Procedure Section 867
Actions brought pursuant to this chapter shall be given preference over all other civil actions before the court in the matter of setting the same...
- California Code of Civil Procedure Section 867.5
(a) In the event that an action is brought by a public agency pursuant to this chapter, and that public agency later dismisses the action...
- California Code of Civil Procedure Section 868
The costs of any proceeding or action pursuant to this chapter may be allowed and apportioned between the parties or taxed to the losing party...
- California Code of Civil Procedure Section 869
No contest except by the public agency or its officer or agent of any thing or matter under this chapter shall be made other than...
- California Code of Civil Procedure Section 870
(a) The judgment, if no appeal is taken, or if taken and the judgment is affirmed, shall, notwithstanding any other provision of law including, without...
- California Code of Civil Procedure Section 870.5
Any local public agency that pledges sales or retail transaction and use tax revenues received from taxes imposed by another public agency for bond payments...
- California Code of Civil Procedure Section 871.1
as used in this chapter, "good faith improver" means: (a) A person who makes an improvement to land in good faith and under the erroneous...
- California Code of Civil Procedure Section 871.2
As used in this chapter, "person" includes an unincorporated association.
- California Code of Civil Procedure Section 871.3
(a) An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of...
- California Code of Civil Procedure Section 871.4
The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver's right of setoff under Section...
- California Code of Civil Procedure Section 871.5
When an action or cross-complaint is brought pursuant to Section 871.3, the court may, subject to Section 871.4, effect such an adjustment of the rights,...
- California Code of Civil Procedure Section 871.6
Nothing in this chapter affects the rules of law which determine the relief, if any, to be granted when a person constructs on his own...
- California Code of Civil Procedure Section 871.7
(a) This chapter does not apply where the improver is a public entity or where the improvement is made to land owned or possessed by...
- California Code of Civil Procedure Section 872.010
As used in this title: (a) "Action" means an action for partition under this title. (b) "Lien" means a mortgage, deed of trust, or other...
- California Code of Civil Procedure Section 872.020
This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property.
- California Code of Civil Procedure Section 872.030
The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of...
- California Code of Civil Procedure Section 872.040
Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.
- California Code of Civil Procedure Section 872.110
(a) The superior court has jurisdiction of actions under this title. (b) Subject to the power of the court to transfer actions, the proper county...
- California Code of Civil Procedure Section 872.120
In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary...
- California Code of Civil Procedure Section 872.130
In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of: (a) Preventing...
- California Code of Civil Procedure Section 872.140
The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity.
- California Code of Civil Procedure Section 872.210
(a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of...
- California Code of Civil Procedure Section 872.220
If it is necessary to have a title report: (a) The plaintiff may, prior to commencing the action, procure a title report and shall in...
- California Code of Civil Procedure Section 872.230
The complaint shall set forth: (a) A description of the property that is the subject of the action. In the case of tangible personal property,...
- California Code of Civil Procedure Section 872.240
Real and personal property may be partitioned in one action.
- California Code of Civil Procedure Section 872.250
(a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder...
- California Code of Civil Procedure Section 872.310
(a) The form, content, and manner of service of summons shall be as in civil actions generally. (b) Service on persons named as parties pursuant...
- California Code of Civil Procedure Section 872.320
Where the court orders service by publication, such order shall be subject to the following conditions: (a) The plaintiff shall post, not later than 10...
- California Code of Civil Procedure Section 872.330
(a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property...
- California Code of Civil Procedure Section 872.410
The answer shall set forth: (a) Any interest the defendant has or claims in the property. (b) Any facts tending to controvert such material allegations...
- California Code of Civil Procedure Section 872.420
Where the defendant has or claims a lien on the property, the answer shall set forth the date and character of the lien and the...
- California Code of Civil Procedure Section 872.430
The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.
- California Code of Civil Procedure Section 872.510
The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably...
- California Code of Civil Procedure Section 872.520
(a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint...
- California Code of Civil Procedure Section 872.530
(a) If a person described in Section 872.510 is dead and the plaintiff knows of a personal representative, the plaintiff shall join such personal representative...
- California Code of Civil Procedure Section 872.540
Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff...
- California Code of Civil Procedure Section 872.550
Where partition is sought as to all interests in the property, the plaintiff may join as defendants "all persons unknown claiming any interest in the...
- California Code of Civil Procedure Section 872.610
The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.
- California Code of Civil Procedure Section 872.620
To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title...
- California Code of Civil Procedure Section 872.630
(a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all liens...
- California Code of Civil Procedure Section 872.640
Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other.
- California Code of Civil Procedure Section 872.710
(a) At the trial, the court shall determine whether the plaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as...
- California Code of Civil Procedure Section 872.720
(a) If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties...
- California Code of Civil Procedure Section 872.730
To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding...
- California Code of Civil Procedure Section 872.810
The court shall order that the property be divided among the parties in accordance with their interests in the property as determined in the interlocutory
- California Code of Civil Procedure Section 872.820
Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be divided among the parties in accordance with their interests...
- California Code of Civil Procedure Section 872.830
If, in making a determination whether sale would be more equitable than division of the property, the court finds that sale and division of proceeds...
- California Code of Civil Procedure Section 872.840
(a) Where the property or an interest therein is subject to an express trust, the court may, in its discretion, order that the property be...
- California Code of Civil Procedure Section 873.010
(a) The court shall appoint a referee to divide or sell the property as ordered by the court. (b) The court may: (1) Determine whether...
- California Code of Civil Procedure Section 873.020
The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both.
- California Code of Civil Procedure Section 873.030
(a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court. (b)...
- California Code of Civil Procedure Section 873.040
(a) The court shall appoint as referee under this title any person or persons to whose appointment all parties have consented. (b) In the case...
- California Code of Civil Procedure Section 873.050
None of the following persons shall be appointed a referee under this title: (a) A clerk or deputy clerk of the court. (b) A former...
- California Code of Civil Procedure Section 873.060
The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.
- California Code of Civil Procedure Section 873.070
The referee or any party may, on noticed motion, petition the court for instructions concerning the referee's duties under this title.
- California Code of Civil Procedure Section 873.080
(a) In selling or dividing the property, the referee may, if it will be for the advantage of those interested, designate a portion of the...
- California Code of Civil Procedure Section 873.110
Subject to the limitations of this article, the court may: (a) Authorize or approve contracts of the referee for the services and expenses of surveyors,...
- California Code of Civil Procedure Section 873.120
(a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110. (b) The application for approval shall be...
- California Code of Civil Procedure Section 873.130
The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making a...
- California Code of Civil Procedure Section 873.140
The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the locality, to...
- California Code of Civil Procedure Section 873.150
A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate not...
- California Code of Civil Procedure Section 873.160
The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in writing.
- California Code of Civil Procedure Section 873.210
The referee appointed by the court to make a division of the property shall divide the property and allot the several portions to the parties,...
- California Code of Civil Procedure Section 873.220
As far as practical, and to the extent it can be done without material injury to the rights of the other parties, the property shall...
- California Code of Civil Procedure Section 873.230
Where prior to the commencement of the action a party has executed a deed purporting to convey to a purchaser a portion of the property...
- California Code of Civil Procedure Section 873.240
Where real property consists of more than one distinct lot or parcel, the property shall be divided by such lots or parcels without other internal...
- California Code of Civil Procedure Section 873.250
(a) Where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required...
- California Code of Civil Procedure Section 873.260
Where a lien is on an undivided interest of a party, the lien shall, upon division of the property, become a charge only on the...
- California Code of Civil Procedure Section 873.270
Where the court has determined the combined interests of two or more unknown parties, the entire portion of the property allocated to such parties shall...
- California Code of Civil Procedure Section 873.280
(a) The referee shall file with the court a report of the referee's proceedings and give written notice of filing to each party who has...
- California Code of Civil Procedure Section 873.290
(a) Any party, upon notice to the other parties who have appeared, may move the court to confirm, modify, or set aside the report. (b)...
- California Code of Civil Procedure Section 873.510
The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided...
- California Code of Civil Procedure Section 873.520
The property shall be sold at public auction or private sale as the court determines will be more beneficial to the parties. For the purpose...
- California Code of Civil Procedure Section 873.530
Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more...
- California Code of Civil Procedure Section 873.600
Notwithstanding any other provision of this title, the court shall order sale by such methods and upon such terms as are expressly agreed to in...
- California Code of Civil Procedure Section 873.610
(a) The court may, at the time of trial or thereafter, prescribe such manner, terms, and conditions of sale not inconsistent with the provisions of...
- California Code of Civil Procedure Section 873.620
(a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots or parcels of real...
- California Code of Civil Procedure Section 873.630
The court may: (a) Direct a sale on credit for the property or any part thereof. (b) Prescribe such terms of credit as may be...
- California Code of Civil Procedure Section 873.640
(a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like property upon...
- California Code of Civil Procedure Section 873.650
(a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of...
- California Code of Civil Procedure Section 873.660
(a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in value...
- California Code of Civil Procedure Section 873.670
(a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other...
- California Code of Civil Procedure Section 873.680
(a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within one...
- California Code of Civil Procedure Section 873.690
(a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee. (2) The attorney of a party. (3)...
- California Code of Civil Procedure Section 873.710
(a) Upon making a sale of property, the referee shall report the sale to the court. (b) The referee's report shall contain, in addition to...
- California Code of Civil Procedure Section 873.720
(a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving party shall give...
- California Code of Civil Procedure Section 873.730
(a) At the hearing, the court shall examine the report and witnesses in relation to the report. (b) The court may confirm the sale notwithstanding...
- California Code of Civil Procedure Section 873.740
(a) If at the hearing under Section 873.730 a responsible bidder makes a written increased offer that exceeds the sale price by at least 10...
- California Code of Civil Procedure Section 873.745
The amount of agents' commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for...
- California Code of Civil Procedure Section 873.750
(a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds,...
- California Code of Civil Procedure Section 873.760
If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser is subject to the court's jurisdiction and to...
- California Code of Civil Procedure Section 873.770
Where the purchaser is a party or lienholder entitled to a share of the proceeds of sale, the referee may: (a) Take the purchaser's receipt...
- California Code of Civil Procedure Section 873.780
The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser...
- California Code of Civil Procedure Section 873.790
(a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser. (b) The conveyance...
- California Code of Civil Procedure Section 873.810
The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in...
- California Code of Civil Procedure Section 873.820
The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of...
- California Code of Civil Procedure Section 873.830
Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have...
- California Code of Civil Procedure Section 873.840
(a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the...
- California Code of Civil Procedure Section 873.850
When the proceeds of the sale belonging to persons who are parties to the action, whether known or unknown, have not been allocated among such...
- California Code of Civil Procedure Section 873.910
When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal pursuant to this chapter.
- California Code of Civil Procedure Section 873.920
The agreement shall be in writing filed with the clerk of court and shall include: (a) A description of the property. (b) The names of...
- California Code of Civil Procedure Section 873.930
(a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. (b) If the court determines that...
- California Code of Civil Procedure Section 873.940
The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall...
- California Code of Civil Procedure Section 873.950
Any party to the agreement or the referee, upon 10 days' notice to the referee if the referee is not the moving party and to...
- California Code of Civil Procedure Section 873.960
At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, that transfer of...
- California Code of Civil Procedure Section 873.970
The agreement binds the heirs, executors, administrators, successors, and assigns of the parties. In the event of default, the aggrieved parties may specifically enforce the...
- California Code of Civil Procedure Section 873.980
The provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this chapter, the...
- California Code of Civil Procedure Section 874.010
The costs of partition include: (a) Reasonable attorney's fees incurred or paid by a party for the common benefit. (b) The fee and expenses of...
- California Code of Civil Procedure Section 874.020
The costs of partition include reasonable expenses, including attorney's fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions...
- California Code of Civil Procedure Section 874.030
Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the...
- California Code of Civil Procedure Section 874.040
Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make...
- California Code of Civil Procedure Section 874.050
(a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or...
- California Code of Civil Procedure Section 874.110
(a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment. (b) Any costs...
- California Code of Civil Procedure Section 874.120
(a) The costs shall be a lien on the share of the party specified. (b) A lien imposed by this section has priority over any...
- California Code of Civil Procedure Section 874.130
Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a...
- California Code of Civil Procedure Section 874.140
A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money...
- California Code of Civil Procedure Section 874.210
The judgment in the action is binding and conclusive on all of the following: (a) All persons known and unknown who were parties to the...
- California Code of Civil Procedure Section 874.225
Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who...
- California Code of Civil Procedure Section 874.240
A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment.
- California Code of Civil Procedure Section 875
(a) Where a money judgment has been rendered jointly against two or more defendants in a tort action there shall be a right of contribution...
- California Code of Civil Procedure Section 876
(a) The pro rata share of each tortfeasor judgment debtor shall be determined by dividing the entire judgment equally among all of them. (b) Where...
- California Code of Civil Procedure Section 877
Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before...
- California Code of Civil Procedure Section 877.5
(a) Where an agreement or covenant is made which provides for a sliding scale recovery agreement between one or more, but not all, alleged defendant...
- California Code of Civil Procedure Section 877.6
(a) (1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract...
- California Code of Civil Procedure Section 878
Judgment for contribution may be entered by one tortfeasor judgment debtor against other tortfeasor judgment debtors by motion upon notice. Notice of such motion shall...
- California Code of Civil Procedure Section 879
If any provision of this title or the application thereof to any person is held invalid, such invalidity shall not affect other provisions or applications...
- California Code of Civil Procedure Section 880
This title shall become effective as to causes of action accruing on or after January 1, 1958.
- California Code of Civil Procedure Section 881
This chapter governs contribution among joint judgment debtors other than joint tortfeasors.
- California Code of Civil Procedure Section 882
If two or more judgment debtors are jointly liable on a money judgment: (a) A judgment debtor who has satisfied more than his or her...
- California Code of Civil Procedure Section 883
(a) A judgment debtor entitled to compel contribution or repayment pursuant to this chapter may apply on noticed motion to the court that entered the...
- California Code of Civil Procedure Section 901
A judgment or order in a civil action or proceeding may be reviewed as prescribed in this title. The Judicial Council shall prescribe rules for...
- California Code of Civil Procedure Section 902
Any party aggrieved may appeal in the cases prescribed in this title. A party appealing is known as an appellant, and an adverse party as...
- California Code of Civil Procedure Section 902.1
In any case in which a notice was required pursuant to subdivision (e) of Section 664.5, the Attorney General shall have the right to intervene...
- California Code of Civil Procedure Section 903
In the event of the death of any person who would, if still alive, have a right of appeal, either the attorney of record representing...
- California Code of Civil Procedure Section 904
An appeal may be taken in a civil action or proceeding as provided in Sections 904.1, 904.2, 904.3, and 904.5.
- California Code of Civil Procedure Section 904.1
(a) An appeal, other than in a limited civil case, is to the court of appeal. An appeal, other than in a limited civil case,...
- California Code of Civil Procedure Section 904.2
An appeal of a ruling by a superior court judge or other judicial officer in a limited civil case is to the appellate division of...
- California Code of Civil Procedure Section 904.3
An appeal shall not be taken from a judgment of the appellate division of a superior court granting or denying a petition for issuance of...
- California Code of Civil Procedure Section 904.5
Appeals from the small claims division of a superior court shall be governed by the Small Claims Act (Chapter 5.5 (commencing with Section 116.110) of...
- California Code of Civil Procedure Section 906
Upon an appeal pursuant to Section 904.1 or 904.2, the reviewing court may review the verdict or decision and any intermediate ruling, proceeding, order or...
- California Code of Civil Procedure Section 907
When it appears to the reviewing court that the appeal was frivolous or taken solely for delay, it may add to the costs on appeal...
- California Code of Civil Procedure Section 908
When the judgment or order is reversed or modified, the reviewing court may direct that the parties be returned so far as possible to the...
- California Code of Civil Procedure Section 909
In all cases where trial by jury is not a matter of right or where trial by jury has been waived, the reviewing court may...
- California Code of Civil Procedure Section 911
A court of appeal may order any case on appeal to a superior court in its district transferred to it for hearing and decision as...
- California Code of Civil Procedure Section 912
Upon final determination of an appeal by the reviewing court, the clerk of the court shall remit to the trial court a certified copy of...
- California Code of Civil Procedure Section 913
The dismissal of an appeal shall be with prejudice to the right to file another appeal within the time permitted, unless the dismissal is expressly...
- California Code of Civil Procedure Section 914
When the right to a phonographic report has not been waived and when it shall be impossible to have a phonographic report of the trial...
- California Code of Civil Procedure Section 916
(a) Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court...
- California Code of Civil Procedure Section 917.1
(a) Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if...
- California Code of Civil Procedure Section 917.15
The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from,...
- California Code of Civil Procedure Section 917.2
The perfecting of an appeal shall not stay enforcement of the judgment or order of the trial court if the judgment or order appealed from...
- California Code of Civil Procedure Section 917.3
The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from...
- California Code of Civil Procedure Section 917.4
The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from...
- California Code of Civil Procedure Section 917.5
The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from...
- California Code of Civil Procedure Section 917.6
The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from...
- California Code of Civil Procedure Section 917.65
The perfecting of an appeal shall not stay enforcement of a right to attach order unless an undertaking is given. The undertaking shall be in...
- California Code of Civil Procedure Section 917.7
The perfecting of an appeal shall not stay proceedings as to those provisions of a judgment or order which award, change, or otherwise affect the...
- California Code of Civil Procedure Section 917.8
The perfecting of an appeal does not stay proceedings, in the absence of an order of the trial court providing otherwise or of a writ...
- California Code of Civil Procedure Section 917.9
(a) The perfecting of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.1 to 917.8,...
- California Code of Civil Procedure Section 918
(a) Subject to subdivision (b), the trial court may stay the enforcement of any judgment or order. (b) If the enforcement of the judgment or...
- California Code of Civil Procedure Section 918.5
(a) The trial court may, in its discretion, stay the enforcement of a judgment or order if the judgment debtor has another action pending on...
- California Code of Civil Procedure Section 919
The trial court may, in its discretion, dispense with or limit the security required by any section in this chapter, when the appellant is an...
- California Code of Civil Procedure Section 921
An appeal by a party who has levied an attachment shall not continue in force the attachment, unless an undertaking is executed and filed on...
- California Code of Civil Procedure Section 922
If an undertaking required or permitted by this title is objected to by the respondent and the court determines the undertaking is insufficient and a...
- California Code of Civil Procedure Section 923
The provisions of this chapter shall not limit the power of a reviewing court or of a judge thereof to stay proceedings during the pendency...
- California Code of Civil Procedure Section 936.1
An appeal from any judgment or order in any civil commitment or other proceeding wherein the appellant would be entitled to the appointment of counsel...
- California Code of Civil Procedure Section 989
When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Section 410.70, those...
- California Code of Civil Procedure Section 990
The summons specified in Section 989 shall be issued by the clerk upon presentation of the affidavit specified in Section 991. The summons must describe...
- California Code of Civil Procedure Section 991
The summons must be accompanied by an affidavit of the plaintiff, his agent, representative, or attorney, that the judgment, or some part thereof, remains unsatisfied,...
- California Code of Civil Procedure Section 992
Upon such summons, the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently;...
- California Code of Civil Procedure Section 993
If the defendant, in his answer, denies the judgment, or sets up any defense which may have arisen subsequently, the summons, with the affidavit annexed,...
- California Code of Civil Procedure Section 994
The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which...
- California Code of Civil Procedure Section 995.010
This chapter shall be known and may be cited as the Bond and Undertaking Law.
- California Code of Civil Procedure Section 995.020
(a) The provisions of this chapter apply to a bond or undertaking executed, filed, posted, furnished, or otherwise given as security pursuant to any statute...
- California Code of Civil Procedure Section 995.030
If service of a notice, paper, or other document is required under this chapter, service shall be made in the same manner as service of...
- California Code of Civil Procedure Section 995.040
An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c.
- California Code of Civil Procedure Section 995.050
The times provided in this chapter, or in any other statute relating to a bond given in an action or proceeding, may be extended pursuant...
- California Code of Civil Procedure Section 995.110
Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
- California Code of Civil Procedure Section 995.120
(a) "Admitted surety insurer" means a corporate insurer or a reciprocal or interinsurance exchange to which the Insurance Commissioner has issued a certificate of authority...
- California Code of Civil Procedure Section 995.130
(a) "Beneficiary" means the person for whose benefit a bond is given, whether executed to, in favor of, in the name of, or payable to...
- California Code of Civil Procedure Section 995.140
(a) "Bond" includes both of the following: (1) A surety, indemnity, fiduciary, or like bond executed by both the principal and sureties. (2) A surety,...
- California Code of Civil Procedure Section 995.150
"Court" means, if a bond is given in an action or proceeding, the court in which the action or proceeding is pending.
- California Code of Civil Procedure Section 995.160
"Officer" means the sheriff, marshal, clerk of court, judge or magistrate (if there is no clerk), board, commission, department, or other public official or entity...
- California Code of Civil Procedure Section 995.170
(a) "Principal" means the person who gives a bond. (b) For the purpose of application of this chapter to a bond given pursuant to any...
- California Code of Civil Procedure Section 995.180
"Statute" includes administrative regulation promulgated pursuant to statute.
- California Code of Civil Procedure Section 995.185
(a) "Surety" has the meaning provided in Section 2787 of the Civil Code and includes personal surety and admitted surety insurer. (b) For the purpose...
- California Code of Civil Procedure Section 995.190
"Undertaking" means a surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.
- California Code of Civil Procedure Section 995.210
Unless the provision or context otherwise requires: (a) If a statute provides for a bond, an undertaking that otherwise satisfies the requirements for the bond...
- California Code of Civil Procedure Section 995.220
Notwithstanding any other statute, if a statute provides for a bond in an action or proceeding, including but not limited to a bond for issuance...
- California Code of Civil Procedure Section 995.230
The beneficiary of a bond given in an action or proceeding may in writing consent to the bond in an amount less than the amount...
- California Code of Civil Procedure Section 995.240
The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate...
- California Code of Civil Procedure Section 995.250
If a statute allows costs to a party in an action or proceeding, the costs shall include all of the following: (a) The premium on...
- California Code of Civil Procedure Section 995.260
If a bond is recorded pursuant to statute, a certified copy of the record of the bond with all affidavits, acknowledgments, endorsements, and attachments may...
- California Code of Civil Procedure Section 995.310
Unless the statute providing for the bond requires execution by an admitted surety insurer, a bond shall be executed by two or more sufficient personal...
- California Code of Civil Procedure Section 995.311
(a) Notwithstanding any other provision of law, any bond required on a public works contract, as defined in Section 1101 of the Public Contract Code,...
- California Code of Civil Procedure Section 995.320
(a) A bond shall be in writing signed by the sureties under oath and shall include all of the following: (1) A statement that the...
- California Code of Civil Procedure Section 995.330
A bond or undertaking given in an action or proceeding may be in the following form: "(Title of court. Title of cause.) Whereas the ......
- California Code of Civil Procedure Section 995.340
If a bond is given in an action or proceeding: (a) The bond shall be filed with the court unless the statute providing for the...
- California Code of Civil Procedure Section 995.350
(a) Upon the filing of a bond with the court in an action or proceeding, the clerk shall enter in the register of actions the...
- California Code of Civil Procedure Section 995.360
A bond given in an action or proceeding may be withdrawn from the file and returned to the principal on order of the court only...
- California Code of Civil Procedure Section 995.370
At the time a bond is given, the principal shall serve a copy of the bond on the beneficiary. An affidavit of service shall be...
- California Code of Civil Procedure Section 995.380
(a) If a bond does not contain the substantial matter or conditions required by this chapter or by the statute providing for the bond, or...
- California Code of Civil Procedure Section 995.410
(a) A bond becomes effective without approval unless the statute providing for the bond requires that the bond be approved by the court or officer....
- California Code of Civil Procedure Section 995.420
(a) Unless the statute providing for a bond provides that the bond becomes effective at a different time, a bond is effective at the time...
- California Code of Civil Procedure Section 995.430
A bond remains in force and effect until the earliest of the following events: (a) The sureties withdraw from or cancel the bond or a...
- California Code of Civil Procedure Section 995.440
A bond given as a condition of a license or permit shall be continuous in form, remain in full force and effect, and run concurrently...
- California Code of Civil Procedure Section 995.510
(a) A personal surety on a bond is sufficient if all of the following conditions are satisfied: (1) The surety is a person other than...
- California Code of Civil Procedure Section 995.520
(a) A bond executed by personal sureties shall be accompanied by an affidavit of qualifications of each surety. (b) The affidavit shall contain all of...
- California Code of Civil Procedure Section 995.610
(a) If a statute provides for a bond with any number of sureties, one sufficient admitted surety insurer may become and shall be accepted as...
- California Code of Civil Procedure Section 995.620
Two or more admitted surety insurers may be sureties on a bond by executing the same or separate bonds for amounts aggregating the required amount...
- California Code of Civil Procedure Section 995.630
An admitted surety insurer shall be accepted or approved by the court or officer as surety on a bond without further acknowledgment if the bond...
- California Code of Civil Procedure Section 995.640
Upon review of the Internet Web site of the Department of Insurance, the county clerk of any county shall, upon request of any person, do...
- California Code of Civil Procedure Section 995.650
If an objection is made to the sufficiency of an admitted surety insurer, the person making the objection shall attach to and incorporate in the...
- California Code of Civil Procedure Section 995.660
(a) If an objection is made to the sufficiency of an admitted surety insurer on a bond or if the bond is required to be...
- California Code of Civil Procedure Section 995.670
(a) This section applies to a bond executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state or any...
- California Code of Civil Procedure Section 995.675
Notwithstanding Sections 995.660 and 995.670, the California Integrated Waste Management Board, the State Water Resources Control Board, and the Department of Toxic Substances Control may...
- California Code of Civil Procedure Section 995.710
(a) Except as provided in subdivision (e) or to the extent the statute providing for a bond precludes a deposit in lieu of bond or...
- California Code of Civil Procedure Section 995.720
(a) The market value of bearer bonds or bearer notes shall be agreed upon by stipulation of the principal and beneficiary or, if the bonds...
- California Code of Civil Procedure Section 995.730
A deposit given instead of a bond has the same force and effect, is treated the same, and is subject to the same conditions, liability,...
- California Code of Civil Procedure Section 995.740
If no proceedings are pending to enforce the liability of the principal on the deposit, the officer shall: (a) Pay quarterly, on demand, any interest...
- California Code of Civil Procedure Section 995.750
(a) The principal shall pay the amount of the liability on the deposit within 30 days after the date on which the judgment of liability...
- California Code of Civil Procedure Section 995.760
(a) If the principal does not pay the amount of the liability on the deposit within the time prescribed in Section 995.750, the deposit shall...
- California Code of Civil Procedure Section 995.770
A deposit given pursuant to this article shall be returned to the principal at the earliest of the following times: (a) Upon substitution of a...
- California Code of Civil Procedure Section 995.810
The provisions of this article apply to a bond executed to, in favor of, in the name of, or payable to the State of California...
- California Code of Civil Procedure Section 995.820
Except as otherwise provided by statute, a bond given by an officer of the court for the faithful discharge of the officer's duties and obedience...
- California Code of Civil Procedure Section 995.830
If a statute or court order pursuant thereto providing for a bond does not specify the beneficiary of the bond, the bond shall be to...
- California Code of Civil Procedure Section 995.840
If a bond under this article is given in an action or proceeding: (a) The bond shall be approved by the court. (b) Any party...
- California Code of Civil Procedure Section 995.850
(a) The liability on a bond under this article may be enforced by or for the benefit of, and in the name of, any and...
- California Code of Civil Procedure Section 995.910
This article governs objections to a bond given in an action or proceeding.
- California Code of Civil Procedure Section 995.920
The beneficiary may object to a bond on any of the following grounds: (a) The sureties are insufficient. (b) The amount of the bond is...
- California Code of Civil Procedure Section 995.930
(a) An objection shall be in writing and shall be made by noticed motion. The notice of motion shall specify the precise grounds for the...
- California Code of Civil Procedure Section 995.940
If a ground for the objection is that the value of property or an interest in property on which the amount of the bond is...
- California Code of Civil Procedure Section 995.950
(a) Unless the parties otherwise agree, the hearing on an objection shall be held not less than two or more than five days after service...
- California Code of Civil Procedure Section 995.960
(a) Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond. (b) If the court determines that the...
- California Code of Civil Procedure Section 996.010
(a) If a bond is given in an action or proceeding, the court may determine that the bond is or has from any cause become...
- California Code of Civil Procedure Section 996.020
(a) If a bond is given other than in an action or proceeding and it is shown by affidavit of a credible witness or it...
- California Code of Civil Procedure Section 996.030
(a) The court if a bond is given or ordered in an action or proceeding, or the officer if a bond is given or ordered...
- California Code of Civil Procedure Section 996.110
(a) A surety on a bond given in an action or proceeding may at any time apply to the court for an order that the...
- California Code of Civil Procedure Section 996.120
Upon the hearing of the application, the court shall determine whether injury to the beneficiary would result from substitution or release of the surety. If...
- California Code of Civil Procedure Section 996.130
(a) If a substitute surety is given, the substitute surety is subject to all the provisions of this chapter, including but not limited to the...
- California Code of Civil Procedure Section 996.140
If the principal does not give a sufficient substitute surety within the time ordered by the court or such longer time as the surety consents...
- California Code of Civil Procedure Section 996.150
If a surety is ordered released from liability on a bond: (a) The bond remains in full force and effect for all liabilities incurred before,...
- California Code of Civil Procedure Section 996.210
(a) The principal shall give a new, additional, or supplemental bond if the court or officer orders that a new, additional, or supplemental bond be...
- California Code of Civil Procedure Section 996.220
(a) A new, additional, or supplemental bond shall be in the same form and have the same obligation as the original bond and shall be...
- California Code of Civil Procedure Section 996.230
A new, additional, or supplemental bond is subject to all the provisions applicable to the original bond and to the provisions of this chapter, including...
- California Code of Civil Procedure Section 996.240
If a new bond is given in place of the original bond: (a) The original bond remains in full force and effect for all liabilities...
- California Code of Civil Procedure Section 996.250
(a) An additional or supplemental bond does not discharge or affect the original bond. The original bond remains in full force and effect as if...
- California Code of Civil Procedure Section 996.310
This article governs cancellation of or withdrawal of a surety from a bond given other than in an action or proceeding.
- California Code of Civil Procedure Section 996.320
A surety may cancel or withdraw from a bond by giving a notice of cancellation or withdrawal to the officer to whom the bond was...
- California Code of Civil Procedure Section 996.330
Cancellation or withdrawal of a surety is effective at the earliest of the following times: (a) Thirty days after notice of cancellation or withdrawal is...
- California Code of Civil Procedure Section 996.340
(a) If the principal does not give a new bond within 30 days after notice of cancellation or withdrawal is given, all rights obtained by...
- California Code of Civil Procedure Section 996.350
If the withdrawal of a surety does not reduce the amount of the bond or the number of sureties below the minimum required by the...
- California Code of Civil Procedure Section 996.360
If a surety cancels or withdraws from a bond: (a) The bond remains in full force and effect for all liabilities incurred before, and for...
- California Code of Civil Procedure Section 996.410
(a) The beneficiary may enforce the liability on a bond against both the principal and sureties. (b) If the beneficiary is a class of persons,...
- California Code of Civil Procedure Section 996.420
(a) A surety on a bond given in an action or proceeding submits itself to the jurisdiction of the court in all matters affecting its...
- California Code of Civil Procedure Section 996.430
(a) The liability on a bond may be enforced by civil action. Both the principal and the sureties shall be joined as parties to the...
- California Code of Civil Procedure Section 996.440
(a) If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court...
- California Code of Civil Procedure Section 996.450
No provision in a bond is valid that attempts by contract to shorten the period prescribed by Section 337 or other statute for the commencement...
- California Code of Civil Procedure Section 996.460
(a) Notwithstanding Section 2845 of the Civil Code, a judgment of liability on a bond shall be in favor of the beneficiary and against the...
- California Code of Civil Procedure Section 996.470
(a) Notwithstanding any other statute other than Section 996.480, the aggregate liability of a surety to all persons for all breaches of the condition of...
- California Code of Civil Procedure Section 996.475
Nothing in this chapter is intended to limit the liability of a surety pursuant to any other statute. This section is declaratory of, and not...
- California Code of Civil Procedure Section 996.480
(a) If the nature and extent of the liability of the principal is established by final judgment of a court and the time for appeal...
- California Code of Civil Procedure Section 996.490
(a) Payment by a surety of the amount of a bond constitutes a full discharge of all the liability of the surety on the bond....
- California Code of Civil Procedure Section 996.495
A judgment of liability on a bond may be enforced in the same manner and to the same extent as other money judgments.
- California Code of Civil Procedure Section 996.510
This article applies to proceedings for the benefit of the state to enforce the liability on a bond executed to, in favor of, or payable...
- California Code of Civil Procedure Section 996.520
The person enforcing the liability may file with the court in the proceedings an affidavit stating the following: (a) The bond was executed by the...
- California Code of Civil Procedure Section 996.530
The clerk receiving the affidavit shall certify to the recorder of the county in which the real property is situated all of the following: (a)...
- California Code of Civil Procedure Section 996.540
(a) Upon receiving the certificate the county recorder shall endorse upon it the time of its receipt. (b) The certificate shall be filed and recorded...
- California Code of Civil Procedure Section 996.550
(a) Any judgment recovered is a lien upon all real property belonging to the defendant situated in any county in which the certificate is filed,...
- California Code of Civil Procedure Section 996.560
If an agreement to sell real property affected by the lien created by the filing of a certificate was made before the filing of the...
- California Code of Civil Procedure Section 998
(a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section. (b) Not less than 10 days...
- California Code of Civil Procedure Section 1002
(a) Notwithstanding any other provision of law, a confidential settlement agreement is prohibited in any civil action the factual foundation for which establishes a cause...
- California Code of Civil Procedure Section 1003
Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. An application for...
- California Code of Civil Procedure Section 1004
Except as provided in section 166 of this code, motions must be made in the court in which the action is pending.
- California Code of Civil Procedure Section 1005
(a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions: (1) Notice of Application and Hearing for Writ...
- California Code of Civil Procedure Section 1005.5
A motion upon all the grounds stated in the written notice thereof is deemed to have been made and to be pending before the court...
- California Code of Civil Procedure Section 1006
When a notice of motion is given, or an order to show cause is made returnable before a judge out of court, and at the...
- California Code of Civil Procedure Section 1008
(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or...
- California Code of Civil Procedure Section 1010
Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which...
- California Code of Civil Procedure Section 1010.5
The Judicial Council may adopt rules permitting the filing of papers by facsimile transmission, both directly with the courts and through third parties. Notwithstanding any...
- California Code of Civil Procedure Section 1010.6
(a) A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant...
- California Code of Civil Procedure Section 1011
The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be...
- California Code of Civil Procedure Section 1012
Service by mail may be made where the person on whom it is to be made resides or has his office at a place where...
- California Code of Civil Procedure Section 1013
(a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail...
- California Code of Civil Procedure Section 1013a
Proof of service by mail may be made by one of the following methods: (1) An affidavit setting forth the exact title of the document...
- California Code of Civil Procedure Section 1014
A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer...
- California Code of Civil Procedure Section 1015
When a plaintiff or a defendant, who has appeared, resides out of the state, and has no attorney in the action or proceeding, the service...
- California Code of Civil Procedure Section 1016
The foregoing provisions of this Chapter do not apply to the sevice of a summons or other process, or of any paper to bring a...
- California Code of Civil Procedure Section 1017
Any summons, writ, or order in any civil suit or proceeding, and all other papers requiring service, may be transmitted by telegraph for service in...
- California Code of Civil Procedure Section 1019
Whenever any notice or publication is required by a provision in this code or any other code or statute of this state to be provided...
- California Code of Civil Procedure Section 1019.5
(a) When a motion is granted or denied, unless the court otherwise orders, notice of the court's decision or order shall be given by the...
- California Code of Civil Procedure Section 1020
Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of...
- California Code of Civil Procedure Section 1021
Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to...
- California Code of Civil Procedure Section 1021.4
In an action for damages against a defendant based upon that defendant's commission of a felony offense for which that defendant has been convicted, the...
- California Code of Civil Procedure Section 1021.5
Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in...
- California Code of Civil Procedure Section 1021.6
Upon motion, a court after reviewing the evidence in the principal case may award attorney's fees to a person who prevails on a claim for...
- California Code of Civil Procedure Section 1021.7
In any action for damages arising out of the performance of a peace officer's duties, brought against a peace officer, as defined in Chapter 4.5...
- California Code of Civil Procedure Section 1021.8
(a) Whenever the Attorney General prevails in a civil action to enforce Section 17537.3, 22445, 22446.5, 22958, 22962, or 22963 of the Business and Professions...
- California Code of Civil Procedure Section 1021.9
In any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the...
- California Code of Civil Procedure Section 1021.10
Notwithstanding any other provision of law, in an action brought in the name of the people of the State of California against any person for...
- California Code of Civil Procedure Section 1022
When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for...
- California Code of Civil Procedure Section 1023
The fees of referees are such reasonable sum as the court may fix for the time spent in the business of the reference; but the...
- California Code of Civil Procedure Section 1024
When an application is made to the court or referee to postpone a trial, the payment of the expenses occasioned by the postponement may be...
- California Code of Civil Procedure Section 1025
When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered...
- California Code of Civil Procedure Section 1026
(a) Except as provided in subdivision (b), in an action prosecuted or defended by a personal representative, trustee of an express trust, guardian, conservator, or...
- California Code of Civil Procedure Section 1027
When the decision of a court of inferior jurisdiction in a special proceeding is brought before a court of higher jurisdiction for a review, in...
- California Code of Civil Procedure Section 1028
Notwithstanding any other provisions of law, when the State is a party, costs shall be awarded against it on the same basis as against any...
- California Code of Civil Procedure Section 1028.5
(a) In any civil action between a small business or a licensee and a state regulatory agency, involving the regulatory functions of a state agency...
- California Code of Civil Procedure Section 1029
When any county, city, district, or other public agency or entity, or any officer thereof in his official capacity, is a party, costs shall be...
- California Code of Civil Procedure Section 1029.5
(a) Whenever a complaint for damages is filed against any architect, landscape architect, engineer, building designer, or land surveyor, duly licensed as such under the...
- California Code of Civil Procedure Section 1029.6
(a) Whenever a complaint for damages for personal injuries is filed against a physician and surgeon, dentist, registered nurse, dispensing optician, optometrist, pharmacist, registered physical...
- California Code of Civil Procedure Section 1029.8
(a) Any unlicensed person who causes injury or damage to another person as a result of providing goods or performing services for which a license...
- California Code of Civil Procedure Section 1030
(a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any...
- California Code of Civil Procedure Section 1031
In actions for the recovery of wages for labor performed, where the amount of the demand, exclusive of interest, does not exceed three hundred dollars...
- California Code of Civil Procedure Section 1032
(a) As used in this section, unless the context clearly requires otherwise: (1) "Complaint" includes a cross-complaint. (2) "Defendant" includes a cross-defendant or a person...
- California Code of Civil Procedure Section 1033
(a) Costs or any portion of claimed costs shall be as determined by the court in its discretion in a case other than a limited...
- California Code of Civil Procedure Section 1033.5
(a) The following items are allowable as costs under Section 1032: (1) Filing, motion, and jury fees. (2) Juror food and lodging while they are...
- California Code of Civil Procedure Section 1034
(a) Prejudgment costs allowable under this chapter shall be claimed and contested in accordance with rules adopted by the Judicial Council. (b) The Judicial Council...
- California Code of Civil Procedure Section 1034.5
In unlawful detainer proceedings, the plaintiff who recovers judgment for possession of premises, and who advances or pays to the sheriff or marshal the expenses...
- California Code of Civil Procedure Section 1036
In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, or the attorney representing the public entity who effects a...
- California Code of Civil Procedure Section 1038
(a) In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for...
- California Code of Civil Procedure Section 1045
If an original pleading or paper be lost, the Court may authorize a copy thereof to be filed and used instead of the original.
- California Code of Civil Procedure Section 1046
An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is...
- California Code of Civil Procedure Section 1046a
In all cases brought under the provisions of any act providing for the establishment and quieting of title to real property in cases where the...
- California Code of Civil Procedure Section 1047
Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom.
- California Code of Civil Procedure Section 1048
(a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of...
- California Code of Civil Procedure Section 1049
An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal...
- California Code of Civil Procedure Section 1050
An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former...
- California Code of Civil Procedure Section 1053
When there are three referees all must meet, but two of them may do any act which might be done by all.
- California Code of Civil Procedure Section 1054
(a) When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of...
- California Code of Civil Procedure Section 1054.1
(a) When an act to be done in any action or proceeding in any court of this state or before any state administrative agency, as...
- California Code of Civil Procedure Section 1055
If an action is brought against any officer or person for an act for the doing of which he had theretofore received any valid bond...
- California Code of Civil Procedure Section 1060
Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or...
- California Code of Civil Procedure Section 1060.5
Any individual claiming to be a nonresident of the State of California for the purposes of the Personal Income Tax Law may commence an action...
- California Code of Civil Procedure Section 1061
The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper...
- California Code of Civil Procedure Section 1062
The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the...
- California Code of Civil Procedure Section 1062.3
(a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date...
- California Code of Civil Procedure Section 1062.5
Any insurer who issues policies of professional liability insurance to health care providers for professional negligence, as defined in Chapter 1 as amended by Chapter...
- California Code of Civil Procedure Section 1062.10
No person or legal entity may maintain an action in any court in this state to enforce the terms of a real property sales contract...
- California Code of Civil Procedure Section 1062.20
(a) In accordance with rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist...
- California Code of Civil Procedure Section 1063
The party prosecuting a special proceeding may be known as the plaintiff, and the adverse party as the defendant.
- California Code of Civil Procedure Section 1064
A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order...
- California Code of Civil Procedure Section 1067
Section Ten Hundred and Sixty-seven. The writ of certiorari may be denominated the writ of review.
- California Code of Civil Procedure Section 1068
(a) A writ of review may be granted by any court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction...
- California Code of Civil Procedure Section 1069
The application must be made on the verified petition of the party beneficially interested, and the court may require a notice of the application to...
- California Code of Civil Procedure Section 1069.1
The provisions of Section 1089 as to a return by demurrer or answer apply to a proceeding pursuant to this chapter.
- California Code of Civil Procedure Section 1070
The writ may be directed to the inferior tribunal, Board, or officer, or to any other person having the custody of the record or proceedings...
- California Code of Civil Procedure Section 1071
The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ at a time...
- California Code of Civil Procedure Section 1072
If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or...
- California Code of Civil Procedure Section 1073
The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the Court.
- California Code of Civil Procedure Section 1074
The review upon this writ cannot be extended further than to determine whether the inferior tribunal, Board, or officer has regularly pursued the authority of...
- California Code of Civil Procedure Section 1075
If the return of the writ be defective, the Court may order a further return to be made. When a full return has been made,...
- California Code of Civil Procedure Section 1076
A copy of the judgment, signed by the Clerk, must be transmitted to the inferior tribunal, Board, or officer having the custody of the record...
- California Code of Civil Procedure Section 1077
A copy of the judgment, signed by the Clerk, entered upon or attached to the writ and return, constitute the judgment roll.
- California Code of Civil Procedure Section 1084
Section Ten Hundred and Eighty-four. The writ of mandamus may be denominated a writ of mandate.
- California Code of Civil Procedure Section 1085
(a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an...
- California Code of Civil Procedure Section 1085.5
Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture...
- California Code of Civil Procedure Section 1086
The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It...
- California Code of Civil Procedure Section 1087
The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of...
- California Code of Civil Procedure Section 1088
When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued;...
- California Code of Civil Procedure Section 1088.5
In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for...
- California Code of Civil Procedure Section 1089
On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall...
- California Code of Civil Procedure Section 1089.5
Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to...
- California Code of Civil Procedure Section 1090
If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the...
- California Code of Civil Procedure Section 1091
On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either...
- California Code of Civil Procedure Section 1092
The motion for new trial must be made in the Court in which the issue of fact is tried.
- California Code of Civil Procedure Section 1093
If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after...
- California Code of Civil Procedure Section 1094
If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or...
- California Code of Civil Procedure Section 1094.5
(a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result...
- California Code of Civil Procedure Section 1094.6
(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of...
- California Code of Civil Procedure Section 1094.8
(a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or...
- California Code of Civil Procedure Section 1095
If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as...
- California Code of Civil Procedure Section 1096
The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the...
- California Code of Civil Procedure Section 1097
Section Ten Hundred and Ninety-seven. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, Board, or person, if it appear...
- California Code of Civil Procedure Section 1102
The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess...
- California Code of Civil Procedure Section 1103
(a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases...
- California Code of Civil Procedure Section 1104
The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from...
- California Code of Civil Procedure Section 1105
The provisions of the preceding Chapter, except of the first four sections thereof, apply to this proceeding.
- California Code of Civil Procedure Section 1107
When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof...
- California Code of Civil Procedure Section 1108
Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the...
- California Code of Civil Procedure Section 1109
Except as otherwise provided in this Title, the provisions of Part II of the Code are applicable to and constitute the rules of practice in...
- California Code of Civil Procedure Section 1110
The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions...
- California Code of Civil Procedure Section 1110a
If an appeal be taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for...
- California Code of Civil Procedure Section 1110b
If an appeal be taken from an order or judgment granting a writ of mandate the court granting the writ, or the appellate court, may...
- California Code of Civil Procedure Section 1132
(a) A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent...
- California Code of Civil Procedure Section 1133
A statement in writing must be made, signed by the defendant, and verified by his oath, to the following effect: 1. It must authorize the...
- California Code of Civil Procedure Section 1134
(a) The statement required by Section 1133 shall be filed with the clerk of the court in which the judgment is to be entered, who...
- California Code of Civil Procedure Section 1138
Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts...
- California Code of Civil Procedure Section 1139
Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy...
- California Code of Civil Procedure Section 1140
The judgment may be enforced in the same manner as if it had been rendered in an action of the same jurisdictional classification in the...
- California Code of Civil Procedure Section 1141.10
(a) The Legislature finds and declares that litigation involving small civil cases can be so costly and complex that efficiently resolving these civil cases is...
- California Code of Civil Procedure Section 1141.11
(a) In each superior court with 18 or more judges, all nonexempt unlimited civil cases shall be submitted to arbitration under this chapter if the...
- California Code of Civil Procedure Section 1141.12
In all superior courts, the Judicial Council shall provide by rule for a uniform system of arbitration of the following causes: (a) Any cause, regardless...
- California Code of Civil Procedure Section 1141.13
This chapter shall not apply to any civil action which includes a prayer for equitable relief, except that if the prayer for equitable relief is...
- California Code of Civil Procedure Section 1141.14
Notwithstanding any other provision of law except the provisions of this chapter, the Judicial Council shall provide by rule for practice and procedure for all...
- California Code of Civil Procedure Section 1141.15
The Judicial Council rules shall provide exceptions for cause to arbitration pursuant to subdivision (a), (b), or (c) of Section 1141.11. In providing for such...
- California Code of Civil Procedure Section 1141.16
(a) The determination of the amount in controversy, under subdivision (a) or (b) of Section 1141.11, shall be made by the court and the case...
- California Code of Civil Procedure Section 1141.17
(a) Submission of an action to arbitration pursuant to this chapter shall not suspend the running of the time periods specified in Chapter 1.5 (commencing...
- California Code of Civil Procedure Section 1141.18
(a) Arbitrators shall be retired judges, retired court commissioners who were licensed to practice law prior to their appointment as a commissioner, or members of...
- California Code of Civil Procedure Section 1141.19
Arbitrators approved pursuant to this chapter shall have the powers necessary to perform duties pursuant to this chapter as prescribed by the Judicial Council.
- California Code of Civil Procedure Section 1141.19.5
In any arbitration proceeding under this chapter, no party may require the production of evidence specified in subdivision (a) of Section 3295 of the Civil...
- California Code of Civil Procedure Section 1141.20
(a) An arbitration award shall be final unless a request for a de novo trial or a request for dismissal in the form required by...
- California Code of Civil Procedure Section 1141.21
(a) (1) If the judgment upon the trial de novo is not more favorable in either the amount of damages awarded or the type of...
- California Code of Civil Procedure Section 1141.22
The Judicial Council rules shall specify the grounds upon which the arbitrator or the court, or both, may correct, modify or vacate an award.
- California Code of Civil Procedure Section 1141.23
The arbitration award shall be in writing, signed by the arbitrator and filed in the court in which the action is pending. If there is...
- California Code of Civil Procedure Section 1141.24
In cases ordered to arbitration pursuant to Section 1141.11, no discovery other than that permitted by Chapter 18 (commencing with Section 2034.010) of Title 4...
- California Code of Civil Procedure Section 1141.25
Any reference to the arbitration proceedings or arbitration award during any subsequent trial shall constitute an irregularity in the proceedings of the trial for the...
- California Code of Civil Procedure Section 1141.26
Nothing in this act shall prohibit an arbitration award in excess of the amount in controversy as specified in Section 1141.11. No party electing a...
- California Code of Civil Procedure Section 1141.27
This chapter shall apply to any civil action otherwise within the scope of this chapter in which a party to the action is a public...
- California Code of Civil Procedure Section 1141.28
(a) All administrative costs of arbitration, including compensation of arbitrators, shall be paid for by the court in which the arbitration costs are incurred, except...
- California Code of Civil Procedure Section 1141.30
This chapter shall not be construed in derogation of Title 9 (commencing with Section 1280) of Part 3, and, to that extent, this chapter and...
- California Code of Civil Procedure Section 1141.31
The provisions of this chapter shall become operative July 1, 1979, except that the Judicial Council shall adopt the arbitration rules for practice and procedures...
- California Code of Civil Procedure Section 1159
Every person is guilty of a forcible entry who either: 1. By breaking open doors, windows, or other parts of a house, or by any...
- California Code of Civil Procedure Section 1160
Every person is guilty of a forcible detainer who either: 1. By force, or by menaces and threats of violence, unlawfully holds and keeps the...
- California Code of Civil Procedure Section 1161
A tenant of real property, for a term less than life, or the executor or administrator of his or her estate heretofore qualified and now...
- California Code of Civil Procedure Section 1161.1
With respect to application of Section 1161 in cases of possession of commercial real property after default in the payment of rent: (a) If the...
- California Code of Civil Procedure Section 1161.2
(a) The clerk may allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only...
- California Code of Civil Procedure Section 1161.3
(a) Except as provided in subdivision (b), a landlord shall not terminate a tenancy or fail to renew a tenancy based upon an act or...
- California Code of Civil Procedure Section 1161.5
When the notice required by Section 1161 states that the lessor or the landlord may elect to declare the forfeiture of the lease or rental...
- California Code of Civil Procedure Section 1161a
(a) As used in this section: (1) "Manufactured home" has the same meaning as provided in Section 18007 of the Health and Safety Code. (2)...
- California Code of Civil Procedure Section 1161b
(a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time...
- California Code of Civil Procedure Section 1161c
(a) In the case of any foreclosure on a residential property, the immediate successor in interest in the property pursuant to the foreclosure shall attach...
- California Code of Civil Procedure Section 1162
(a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1)...
- California Code of Civil Procedure Section 1162a
In any case in which service or exhibition of a receiver's or levying officer's deed is required, in lieu thereof service of a copy or...
- California Code of Civil Procedure Section 1164
No person other than the tenant of the premises and subtenant, if there be one, in the actual occupation of the premises when the complaint...
- California Code of Civil Procedure Section 1165
Except as provided in the preceding section, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this
- California Code of Civil Procedure Section 1166
(a) The complaint shall: (1) Be verified and include the typed or printed name of the person verifying the complaint. (2) Set forth the facts...
- California Code of Civil Procedure Section 1166a
(a) Upon filing the complaint, the plaintiff may, upon motion, have immediate possession of the premises by a writ of possession of a manufactured home,...
- California Code of Civil Procedure Section 1167
The summons shall be in the form specified in Section 412.20 except that when the defendant is served, the defendant's response shall be filed within...
- California Code of Civil Procedure Section 1167.3
In any action under this chapter, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to answer the complaint,...
- California Code of Civil Procedure Section 1167.4
Notwithstanding any other provision of law, in any action under this chapter: (a) Where the defendant files a notice of motion as provided for in...
- California Code of Civil Procedure Section 1167.5
Unless otherwise ordered by the court for good cause shown, no extension of time allowed in any action under this chapter for the causes specified...
- California Code of Civil Procedure Section 1169
If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and...
- California Code of Civil Procedure Section 1170
On or before the day fixed for his appearance, the defendant may appear and answer or demur.
- California Code of Civil Procedure Section 1170.5
(a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date...
- California Code of Civil Procedure Section 1170.7
A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be...
- California Code of Civil Procedure Section 1170.8
In any action under this chapter, a discovery motion may be made at any time upon giving five days' notice.
- California Code of Civil Procedure Section 1170.9
The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any, relating to...
- California Code of Civil Procedure Section 1171
Whenever an issue of fact is presented by the pleadings, it must be tried by a jury, unless such jury be waived as in other...
- California Code of Civil Procedure Section 1172
On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the...
- California Code of Civil Procedure Section 1173
When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible...
- California Code of Civil Procedure Section 1174
(a) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the findings of the court be...
- California Code of Civil Procedure Section 1174.2
(a) In an unlawful detainer proceeding involving residential premises after default in payment of rent and in which the tenant has raised as an affirmative...
- California Code of Civil Procedure Section 1174.21
A landlord who institutes an unlawful detainer proceeding based upon a tenant's nonpayment of rent, and who is liable for a violation of Section 1942.4...
- California Code of Civil Procedure Section 1174.25
(a) Any occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may file a claim as prescribed...
- California Code of Civil Procedure Section 1174.3
(a) Unless a prejudgment claim of right to possession has been served upon occupants in accordance with Section 415.46, any occupant not named in the...
- California Code of Civil Procedure Section 1174.5
A judgment in unlawful detainer declaring the forfeiture of the lease or agreement under which real property is held shall not relieve the lessee from...
- California Code of Civil Procedure Section 1176
(a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Petition for stay of the judgment pending appeal shall first...
- California Code of Civil Procedure Section 1177
Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in...
- California Code of Civil Procedure Section 1178
The provisions of Part 2 of this code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this...
- California Code of Civil Procedure Section 1179
The court may relieve a tenant against a forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy...
- California Code of Civil Procedure Section 1179a
In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or...
- California Code of Civil Procedure Section 1180
A lien is a charge imposed upon specific property, by which it is made security for the performance of an act.
- California Code of Civil Procedure Section 1203.50
This chapter shall be known and may be cited as the Oil and Gas Lien Act.
- California Code of Civil Procedure Section 1203.51
Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this chapter. (a) "Person" means an individual, corporation,...
- California Code of Civil Procedure Section 1203.52
Any person who shall, under contract with the owner of any leasehold for oil or gas purposes perform any labor or furnish any material or...
- California Code of Civil Procedure Section 1203.53
Liens created under Section 1203.52 shall extend to: (a) The leasehold for oil or gas purposes to which the materials or services were furnished, or...
- California Code of Civil Procedure Section 1203.54
Any person who shall, under contract, perform any labor or furnish any material or services as a subcontractor under an original contractor or for or...
- California Code of Civil Procedure Section 1203.55
When a lien provided for in this chapter shall have attached to a leasehold estate, forfeiture of such estate shall not impair any lien as...
- California Code of Civil Procedure Section 1203.56
The lien provided for in this chapter arises on the date of the furnishing of the first item of material or services or the date...
- California Code of Civil Procedure Section 1203.57
All liens arising by virtue of this chapter upon the same property shall be of equal standing except that liens of persons for the performance...
- California Code of Civil Procedure Section 1203.58
Every person claiming a lien under this chapter, shall record in the office of the county recorder for the county in which such leasehold, or...
- California Code of Civil Procedure Section 1203.59
Anything in this chapter to the contrary notwithstanding, any lien claimed by virtue of this chapter, insofar as it may extend to oil or gas...
- California Code of Civil Procedure Section 1203.60
(a) Whenever any lien or liens shall be claimed or recorded under the provisions of this chapter then the lessor or owner of the property...
- California Code of Civil Procedure Section 1203.61
(a) Any lien provided for by this chapter shall be enforced in the same manner as provided in Chapter 4 (commencing with Section 8400) of...
- California Code of Civil Procedure Section 1203.62
Nothing in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work...
- California Code of Civil Procedure Section 1203.63
The taking of any note or any additional security by any person given a lien by this chapter shall not constitute a waiver of the...
- California Code of Civil Procedure Section 1203.64
All claims for liens and likewise all actions to recover therefor under this chapter shall be assignable upon compliance with the provisions of Section 1203.58...
- California Code of Civil Procedure Section 1203.65
All liens granted by this chapter shall be perfected and enforced in accordance with the provisions hereof whether such liens arise before or after the...
- California Code of Civil Procedure Section 1203.66
This chapter shall be given liberal construction in favor of all persons entitled to any lien under it.
- California Code of Civil Procedure Section 1204
When any assignment, whether voluntary or involuntary, and whether formal or informal, is made for the benefit of creditors of the assignor, or results from...
- California Code of Civil Procedure Section 1204.5
In any general assignment for the benefit of creditors, the following claims shall have priority, subordinate to the priorities for labor claims under Section 1204,...
- California Code of Civil Procedure Section 1205
Upon the sale or transfer of any business or the stock in trade, in bulk, or a substantial part thereof, not in the ordinary and...
- California Code of Civil Procedure Section 1206
(a) Upon the levy under a writ of attachment or execution not founded upon a claim for labor, any miner, mechanic, salesman, servant, clerk, laborer...
- California Code of Civil Procedure Section 1207
Within five days after receiving a copy of the statement provided for in the next preceding section, either the plaintiff or the defendant in the...
- California Code of Civil Procedure Section 1208
If the claims presented under Section 1206 and not disputed, or, if disputed, established by judgment, exceed the proceeds of the writ not disposed of...
- California Code of Civil Procedure Section 1208.5
Any person having a lien upon any animal or animals under the provisions of Section 597a or 597f of the Penal Code may satisfy the...
- California Code of Civil Procedure Section 1208.61
Subject to the limitations set forth in this chapter, every person has a lien dependent upon possession for the compensation to which he is legally...
- California Code of Civil Procedure Section 1208.62
That portion of such lien in excess of two hundred fifty dollars ($250) for work or services rendered or performed at the request of any...
- California Code of Civil Procedure Section 1208.63
Any lien for labor or materials provided for in this chapter may be assigned by written instrument accompanied by delivery of possession of the aircraft...
- California Code of Civil Procedure Section 1208.64
Whenever the lien upon any aircraft is lost by reason of the loss of possession through trick, fraud, or device, the repossession of such aircraft...
- California Code of Civil Procedure Section 1208.65
If the lienholder is not paid the amount due within 10 days after it becomes due, the lienholder may proceed to sell the property, or...
- California Code of Civil Procedure Section 1208.66
Prior to any such sale the lienholder shall publish a notice of the sale pursuant to Section 6062 of the Government Code in a newspaper...
- California Code of Civil Procedure Section 1208.67
The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property. The remainder,...
- California Code of Civil Procedure Section 1208.68
Within 20 days after the sale, the legal owner may redeem the aircraft so sold upon the payment of the amount of the lien, all...
- California Code of Civil Procedure Section 1208.69
It is a misdemeanor for any person to obtain possession of all or any part of any aircraft subject to a lien under this chapter...
- California Code of Civil Procedure Section 1208.70
This chapter shall not apply to aircraft operated exclusively by an air carrier or a foreign air carrier, as defined in subdivisions (2) and (19)...
- California Code of Civil Procedure Section 1209
(a) The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: (1)...
- California Code of Civil Procedure Section 1209.5
When a court of competent jurisdiction makes an order compelling a parent to furnish support or necessary food, clothing, shelter, medical attendance, or other remedial...
- California Code of Civil Procedure Section 1210
Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so...
- California Code of Civil Procedure Section 1211
(a) When a contempt is committed in the immediate view and presence of the court, or of the judge at chambers, it may be punished...
- California Code of Civil Procedure Section 1211.5
At all stages of all proceedings, the affidavit or statement of facts, as the case may be, required by Section 1211 shall be construed, amended,...
- California Code of Civil Procedure Section 1212
When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to...
- California Code of Civil Procedure Section 1213
Whenever a warrant of attachment is issued pursuant to this title the court or judge must direct, by an endorsement on the warrant, that the...
- California Code of Civil Procedure Section 1214
Upon executing the warrant of attachment, the officer executing the warrant must keep the person in custody, bring him before the court or judge, and...
- California Code of Civil Procedure Section 1215
The person arrested must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the...
- California Code of Civil Procedure Section 1216
The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.
- California Code of Civil Procedure Section 1217
When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer...
- California Code of Civil Procedure Section 1218
(a) Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and...
- California Code of Civil Procedure Section 1218.5
(a) If the contempt alleged is for failure to pay child, family, or spousal support, each month for which payment has not been made in...
- California Code of Civil Procedure Section 1219
(a) Except as provided in subdivision (b), when the contempt consists of the omission to perform an act which is yet in the power of...
- California Code of Civil Procedure Section 1219.5
(a) Except as provided in subdivision (d), in any case in which a contempt consists of the refusal of a minor under 16 years of...
- California Code of Civil Procedure Section 1220
When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may...
- California Code of Civil Procedure Section 1221
Whenever, by the provisions of this title, an officer is required to keep a person arrested on a warrant of attachment in custody, and to...
- California Code of Civil Procedure Section 1222
The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.
- California Code of Civil Procedure Section 1230.010
This title shall be known and may be cited as the Eminent Domain Law.
- California Code of Civil Procedure Section 1230.020
Except as otherwise specifically provided by statute, the power of eminent domain may be exercised only as provided in this title.
- California Code of Civil Procedure Section 1230.030
Nothing in this title requires that the power of eminent domain be exercised to acquire property necessary for public use. Whether property necessary for public...
- California Code of Civil Procedure Section 1230.040
Except as otherwise provided in this title, the rules of practice that govern civil actions generally are the rules of practice for eminent domain proceedings.
- California Code of Civil Procedure Section 1230.050
The court in which a proceeding in eminent domain is brought has the power to: (a) Determine the right to possession of the property, as...
- California Code of Civil Procedure Section 1230.060
Nothing in this title affects any other statute granting jurisdiction over any issue in eminent domain proceedings to the Public Utilities Commission.
- California Code of Civil Procedure Section 1230.065
(a) This title becomes operative July 1, 1976. (b) This title does not apply to an eminent domain proceeding commenced prior to January 1, 1976....
- California Code of Civil Procedure Section 1230.070
No judgment rendered prior to the operative date of this title in a proceeding to enforce the right of eminent domain is affected by the...
- California Code of Civil Procedure Section 1235.010
Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this title.
- California Code of Civil Procedure Section 1235.020
Chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this title.
- California Code of Civil Procedure Section 1235.030
Whenever any reference is made to any portion of this title or to any other statute, such reference shall apply to all amendments and additions...
- California Code of Civil Procedure Section 1235.040
Unless otherwise expressly stated: (a) "Chapter" means a chapter of this title. (b) "Article" means an article of the chapter in which that term occurs....
- California Code of Civil Procedure Section 1235.050
The present tense includes the past and future tenses; and the future, the present.
- California Code of Civil Procedure Section 1235.060
"Shall" is mandatory and "may" is permissive.
- California Code of Civil Procedure Section 1235.070
If any provision or clause of this title or application thereof to any person or circumstances is held invalid, the invalidity does not affect other...
- California Code of Civil Procedure Section 1235.110
Unless the provision or context otherwise requires, these definitions govern the construction of this title.
- California Code of Civil Procedure Section 1235.120
"Final judgment" means a judgment with respect to which all possibility of direct attack by way of appeal, motion for a new trial, or motion...
- California Code of Civil Procedure Section 1235.125
When used with reference to property, "interest" includes any right, title, or estate in property.
- California Code of Civil Procedure Section 1235.130
"Judgment" means the judgment determining the right to take the property by eminent domain and fixing the amount of compensation to be paid by the
- California Code of Civil Procedure Section 1235.140
"Litigation expenses" includes both of the following: (a) All expenses reasonably and necessarily incurred in the proceeding in preparing for trial, during trial, and in...
- California Code of Civil Procedure Section 1235.150
"Local public entity" means any public entity other than the state.
- California Code of Civil Procedure Section 1235.155
"Nonprofit, special use property" means property which is operated for a special nonprofit, tax-exempt use such as a school, church, cemetery, hospital, or similar property....
- California Code of Civil Procedure Section 1235.160
"Person" includes any public entity, individual, association, organization, partnership, trust, limited liability company, or corporation.
- California Code of Civil Procedure Section 1235.165
"Proceeding" means an eminent domain proceeding under this title.
- California Code of Civil Procedure Section 1235.170
"Property" includes real and personal property and any interest therein.
- California Code of Civil Procedure Section 1235.180
"Property appropriated to public use" means property either already in use for a public purpose or set aside for a specific public purpose with the...
- California Code of Civil Procedure Section 1235.190
"Public entity" includes the state, a county, city, district, public authority, public agency, and any other political subdivision in the state.
- California Code of Civil Procedure Section 1235.193
"Electric, gas, or water public utility property" means property appropriated to a public use by a public utility, as defined in Section 218, 222, or...
- California Code of Civil Procedure Section 1235.195
"Resolution" includes ordinance.
- California Code of Civil Procedure Section 1235.200
"State" means the State of California and includes the Regents of the University of California.
- California Code of Civil Procedure Section 1235.210
"Statute" means a constitutional provision or statute, but does not include a charter provision or ordinance.
- California Code of Civil Procedure Section 1240.010
The power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use,...
- California Code of Civil Procedure Section 1240.020
The power of eminent domain may be exercised to acquire property for a particular use only by a person authorized by statute to exercise the...
- California Code of Civil Procedure Section 1240.030
The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The...
- California Code of Civil Procedure Section 1240.040
A public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity that meets the requirements of Article...
- California Code of Civil Procedure Section 1240.050
A local public entity may acquire by eminent domain only property within its territorial limits except where the power to acquire by eminent domain property...
- California Code of Civil Procedure Section 1240.055
(a) As used in this section, the following terms have the following meanings: (1) "Conservation easement" means a conservation easement as defined in Section 815.1...
- California Code of Civil Procedure Section 1240.110
(a) Except to the extent limited by statute, any person authorized to acquire property for a particular use by eminent domain may exercise the power...
- California Code of Civil Procedure Section 1240.120
(a) Subject to any other statute relating to the acquisition of property, any person authorized to acquire property for a particular use by eminent domain...
- California Code of Civil Procedure Section 1240.125
Except as otherwise expressly provided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent domain...
- California Code of Civil Procedure Section 1240.130
Subject to any other statute relating to the acquisition of property, any public entity authorized to acquire property for a particular use by eminent domain...
- California Code of Civil Procedure Section 1240.140
(a) As used in this section, "public agencies" includes all those agencies included within the definition of "public agency" in Section 6500 of the Government...
- California Code of Civil Procedure Section 1240.150
Whenever a part of a larger parcel of property is to be acquired by a public entity for public use and the remainder, or a...
- California Code of Civil Procedure Section 1240.160
(a) None of the provisions of this article is intended to limit, or shall limit, any other provision of this article, each of which is...
- California Code of Civil Procedure Section 1240.210
For the purposes of this article, the "date of use" of property taken for public use is the date when the property is devoted to...
- California Code of Civil Procedure Section 1240.220
(a) Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property to...
- California Code of Civil Procedure Section 1240.230
(a) If the defendant objects to a taking for future use, the burden of proof is as prescribed in this section. (b) Unless the complaint...
- California Code of Civil Procedure Section 1240.240
Notwithstanding any other provision of this article, any public entity authorized to acquire property for a particular use by eminent domain may acquire property to...
- California Code of Civil Procedure Section 1240.250
Notwithstanding any other provision of this article, where property is taken pursuant to the Federal Aid Highway Act of 1973: (a) A date of use...
- California Code of Civil Procedure Section 1240.310
As used in this article: (a) "Necessary property" means property to be used for a public use for which the public entity is authorized to...
- California Code of Civil Procedure Section 1240.320
(a) Any public entity authorized to exercise the power of eminent domain to acquire property for a particular use may exercise the power of eminent...
- California Code of Civil Procedure Section 1240.330
(a) Where necessary property is devoted to public use, any public entity authorized to exercise the power of eminent domain to acquire such property for...
- California Code of Civil Procedure Section 1240.350
(a) Whenever a public entity acquires property for a public use and exercises or could have exercised the power of eminent domain to acquire such...
- California Code of Civil Procedure Section 1240.410
(a) As used in this section, "remnant" means a remainder or portion thereof that will be left in such size, shape, or condition as to...
- California Code of Civil Procedure Section 1240.420
When property is sought to be acquired pursuant to Section 1240.410, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically...
- California Code of Civil Procedure Section 1240.430
A public entity may sell, lease, exchange, or otherwise dispose of property taken under this article and may credit the proceeds to the fund or...
- California Code of Civil Procedure Section 1240.510
Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use...
- California Code of Civil Procedure Section 1240.520
If the defendant objects to a taking under Section 1240.510, the defendant has the burden of proof that his property is appropriated to public use....
- California Code of Civil Procedure Section 1240.530
(a) Where property is taken under Section 1240.510, the parties shall make an agreement determining the terms and conditions upon which the property is taken...
- California Code of Civil Procedure Section 1240.610
Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use...
- California Code of Civil Procedure Section 1240.620
If the defendant objects to a taking under Section 1240.610, the defendant has the burden of proof that his property is appropriated to public use....
- California Code of Civil Procedure Section 1240.630
(a) Where property is sought to be taken under Section 1240.610, the defendant is entitled to continue the public use to which the property is...
- California Code of Civil Procedure Section 1240.640
(a) Where property has been appropriated to public use by any person other than the state, the use thereof by the state for the same...
- California Code of Civil Procedure Section 1240.650
(a) Where property has been appropriated to public use by any person other than a public entity, the use thereof by a public entity for...
- California Code of Civil Procedure Section 1240.660
Where property has been appropriated to public use by a local public entity, the use thereof by the local public entity is presumed to be...
- California Code of Civil Procedure Section 1240.670
(a) Subject to Section 1240.690, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public...
- California Code of Civil Procedure Section 1240.680
(a) Subject to Sections 1240.690 and 1240.700, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most...
- California Code of Civil Procedure Section 1240.690
(a) When property described in Section 1240.670 or 1240.680 is sought to be acquired for state highway purposes, and the property was dedicated or devoted...
- California Code of Civil Procedure Section 1240.700
(a) When property described in Section 1240.680 is sought to be acquired for city or county road, street, or highway purposes, and such property was...
- California Code of Civil Procedure Section 1245.010
Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make...
- California Code of Civil Procedure Section 1245.020
In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability...
- California Code of Civil Procedure Section 1245.030
(a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice...
- California Code of Civil Procedure Section 1245.040
(a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.030. (b) If the amount required...
- California Code of Civil Procedure Section 1245.050
(a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of...
- California Code of Civil Procedure Section 1245.060
(a) If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or...
- California Code of Civil Procedure Section 1245.210
As used in this article, "governing body" means: (a) In the case of a taking by a local public entity, the legislative body of the...
- California Code of Civil Procedure Section 1245.220
A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets the requirements of...
- California Code of Civil Procedure Section 1245.230
In addition to other requirements imposed by law, the resolution of necessity shall contain all of the following: (a) A general statement of the public...
- California Code of Civil Procedure Section 1245.235
(a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property...
- California Code of Civil Procedure Section 1245.240
Unless a greater vote is required by statute, charter, or ordinance, the resolution shall be adopted by a vote of two-thirds of all the members...
- California Code of Civil Procedure Section 1245.245
(a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant...
- California Code of Civil Procedure Section 1245.250
(a) Except as otherwise provided by statute, a resolution of necessity adopted by the governing body of the public entity pursuant to this article conclusively...
- California Code of Civil Procedure Section 1245.255
(a) A person having an interest in the property described in a resolution of necessity adopted by the governing body of the public entity pursuant...
- California Code of Civil Procedure Section 1245.260
(a) If a public entity has adopted a resolution of necessity but has not commenced an eminent domain proceeding to acquire the property within six...
- California Code of Civil Procedure Section 1245.270
(a) A resolution of necessity does not meet the requirements of this article if the defendant establishes by a preponderance of the evidence both of...
- California Code of Civil Procedure Section 1245.310
As used in this article, "legislative body" means both of the following: (a) The legislative body of each city within whose boundaries property sought to...
- California Code of Civil Procedure Section 1245.320
As used in this article, "quasi-public entity" means: (a) An educational institution of collegiate grade not conducted for profit that seeks to take property by...
- California Code of Civil Procedure Section 1245.325
Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code: (a) The...
- California Code of Civil Procedure Section 1245.326
Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 of the Civil Code:...
- California Code of Civil Procedure Section 1245.330
Notwithstanding any other provision of law, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative body has...
- California Code of Civil Procedure Section 1245.340
The resolution required by this article shall contain all of the following: (a) A general statement of the public use for which the property is...
- California Code of Civil Procedure Section 1245.350
(a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this...
- California Code of Civil Procedure Section 1245.360
The resolution required by this article shall be adopted by a vote of two-thirds of all the members of the legislative body.
- California Code of Civil Procedure Section 1245.370
The legislative body may require that the quasi-public entity pay all of the costs reasonably incurred by the legislative body under this article. The legislative...
- California Code of Civil Procedure Section 1245.380
The requirement of this article is in addition to any other requirements imposed by law. Nothing in this article relieves the quasi-public entity from satisfying...
- California Code of Civil Procedure Section 1245.390
The adoption of a resolution pursuant to this article does not make the city or county liable for any damages caused by the acquisition of...
- California Code of Civil Procedure Section 1250.010
Except as otherwise provided in Section 1230.060 and in Chapter 12 (commencing with Section 1273.010), all eminent domain proceedings shall be commenced and prosecuted in...
- California Code of Civil Procedure Section 1250.020
(a) Except as provided in subdivision (b), the proceeding shall be commenced in the county in which the property sought to be taken is located....
- California Code of Civil Procedure Section 1250.030
(a) Except as provided in subdivision (b), the county in which the proceeding is commenced pursuant to Section 1250.020 is the proper county for trial...
- California Code of Civil Procedure Section 1250.040
The provisions of the Code of Civil Procedure for the change of place of trial of actions apply to eminent domain proceedings.
- California Code of Civil Procedure Section 1250.110
An eminent domain proceeding is commenced by filing a complaint with the court.
- California Code of Civil Procedure Section 1250.120
(a) Except as provided in subdivision (b), the form and contents of the summons shall be as in civil actions generally. (b) Where process is...
- California Code of Civil Procedure Section 1250.125
(a) Where summons is served by publication, the publication may name only the defendants to be served thereby and describe only the property in which...
- California Code of Civil Procedure Section 1250.130
Where the court orders service by publication, it shall also order the plaintiff (1) to post a copy of the summons and complaint on the...
- California Code of Civil Procedure Section 1250.140
Where the state is a defendant, the summons and the complaint shall be served on the Attorney General.
- California Code of Civil Procedure Section 1250.150
The plaintiff, at the time of the commencement of the proceeding, shall record a notice of the pendency of the proceeding in the office of...
- California Code of Civil Procedure Section 1250.210
Each person seeking to take property by eminent domain shall be named as a plaintiff.
- California Code of Civil Procedure Section 1250.220
(a) The plaintiff shall name as defendants, by their real names, those persons who appear of record or are known by the plaintiff to have...
- California Code of Civil Procedure Section 1250.230
Any person who claims a legal or equitable interest in the property described in the complaint may appear in the proceeding. Whether or not such...
- California Code of Civil Procedure Section 1250.240
The plaintiff may join in one complaint all property located within the same county which is sought to be acquired for the same project.
- California Code of Civil Procedure Section 1250.250
(a) If the only interest of the county or other taxing agency in the property described in the complaint is a lien for ad valorem...
- California Code of Civil Procedure Section 1250.310
The complaint shall contain all of the following: (a) The names of all plaintiffs and defendants. (b) A description of the property sought to be...
- California Code of Civil Procedure Section 1250.320
(a) The answer shall include a statement of the nature and extent of the interest the defendant claims in the property described in the complaint....
- California Code of Civil Procedure Section 1250.325
(a) A defendant may file a disclaimer at any time, whether or not he is in default, and the disclaimer supersedes an answer previously filed...
- California Code of Civil Procedure Section 1250.330
Where a party is represented by an attorney, his pleading need not be verified but shall be signed by the attorney for the party. The...
- California Code of Civil Procedure Section 1250.340
(a) Subject to subdivisions (b) and (c), the court may allow upon such terms and conditions as may be just an amendment or supplement to...
- California Code of Civil Procedure Section 1250.345
Subject to the power of the court to permit an amendment of the answer, if the defendant fails to object to the complaint, either by...
- California Code of Civil Procedure Section 1250.350
A defendant may object to the plaintiff's right to take, by demurrer or answer as provided in Section 430.30, on any ground authorized by Section...
- California Code of Civil Procedure Section 1250.360
Grounds for objection to the right to take, regardless of whether the plaintiff has adopted a resolution of necessity that satisfies the requirements of Article...
- California Code of Civil Procedure Section 1250.370
In addition to the grounds listed in Section 1250.360, grounds for objection to the right to take where the plaintiff has not adopted a resolution...
- California Code of Civil Procedure Section 1250.410
(a) At least 20 days prior to the date of the trial on issues relating to compensation, the plaintiff shall file with the court and...
- California Code of Civil Procedure Section 1250.420
The parties may by agreement refer a dispute that is the subject of an eminent domain proceeding for resolution by any of the following means:...
- California Code of Civil Procedure Section 1250.430
Notwithstanding any other statute or rule of court governing the date of trial of an eminent domain proceeding, on motion of a party the court...
- California Code of Civil Procedure Section 1255.010
(a) At any time before entry of judgment, the plaintiff may deposit with the State Treasury the probable amount of compensation, based on an appraisal,...
- California Code of Civil Procedure Section 1255.020
(a) On making a deposit pursuant to Section 1255.010, the plaintiff shall serve a notice of deposit on all parties who have appeared in the...
- California Code of Civil Procedure Section 1255.030
(a) At any time after a deposit has been made pursuant to this article, the court shall, upon motion of the plaintiff or of any...
- California Code of Civil Procedure Section 1255.040
(a) If the plaintiff has not made a deposit that satisfies the requirements of this article and the property includes a dwelling containing not more...
- California Code of Civil Procedure Section 1255.050
If the property to be taken is subject to a leasehold interest and the plaintiff has not made a deposit that satisfies the requirements of...
- California Code of Civil Procedure Section 1255.060
(a) The amount deposited or withdrawn pursuant to this chapter may not be given in evidence or referred to in the trial of the issue...
- California Code of Civil Procedure Section 1255.070
In lieu of depositing the money with the State Treasury as provided in Section 1255.010, upon written request of the plaintiff, the court shall order...
- California Code of Civil Procedure Section 1255.075
(a) Prior to entry of judgment, a defendant who has an interest in the property for which a deposit has been made under this chapter...
- California Code of Civil Procedure Section 1255.080
By depositing the probable compensation pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move...
- California Code of Civil Procedure Section 1255.210
Prior to entry of judgment, any defendant may apply to the court for the withdrawal of all or any portion of the amount deposited. The...
- California Code of Civil Procedure Section 1255.220
Subject to the requirements of this article, the court shall order the amount requested in the application, or such portion of that amount as the...
- California Code of Civil Procedure Section 1255.230
(a) No withdrawal may be ordered until 20 days after service on the plaintiff of a copy of the application or until the time for...
- California Code of Civil Procedure Section 1255.240
(a) If the court determines that an applicant is entitled to withdraw any portion of a deposit that another party claims or to which another...
- California Code of Civil Procedure Section 1255.250
(a) If the amount originally deposited is increased pursuant to Section 1255.030 and the total amount sought to be withdrawn exceeds the amount of the...
- California Code of Civil Procedure Section 1255.260
If any portion of the money deposited pursuant to this chapter is withdrawn, the receipt of any such money shall constitute a waiver by operation...
- California Code of Civil Procedure Section 1255.280
(a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in...
- California Code of Civil Procedure Section 1255.410
(a) At the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment, the plaintiff may...
- California Code of Civil Procedure Section 1255.440
If an order has been made under Section 1255.410 authorizing the plaintiff to take possession of property and the court subsequently determines that the conditions...
- California Code of Civil Procedure Section 1255.450
(a) As used in this section, "record owner" means the owner of the legal or equitable title to the fee or any lesser interest in...
- California Code of Civil Procedure Section 1255.460
An order for possession issued pursuant to Section 1255.410 shall: (a) Recite that it has been made under this section. (b) Describe the property to...
- California Code of Civil Procedure Section 1255.470
By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon,...
- California Code of Civil Procedure Section 1255.480
Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.
- California Code of Civil Procedure Section 1258.010
The provisions of this chapter supplement but do not replace, restrict, or prevent the use of discovery procedures or limit the matters that are discoverable...
- California Code of Civil Procedure Section 1258.020
(a) Notwithstanding any other statute or any court rule relating to discovery, proceedings pursuant to subdivision (b) may be had without requirement of court order...
- California Code of Civil Procedure Section 1258.030
Nothing in this chapter makes admissible any evidence that is not otherwise admissible or permits a witness to base an opinion on any matter that...
- California Code of Civil Procedure Section 1258.210
(a) Not later than the 10th day after the trial date is selected, any party may file and serve on any other party a demand...
- California Code of Civil Procedure Section 1258.220
(a) For the purposes of this article, the "date of exchange" is the date agreed to for the exchange of their lists of expert witnesses...
- California Code of Civil Procedure Section 1258.230
(a) Not later than the date of exchange: (1) Each party who served a demand and each party upon whom a demand was served shall...
- California Code of Civil Procedure Section 1258.240
The list of expert witnesses shall include the name, business or residence address, and business, occupation, or profession of each person intended to be called...
- California Code of Civil Procedure Section 1258.250
A statement of valuation data shall be exchanged for each person the party intends to call as a witness to testify to his opinion as...
- California Code of Civil Procedure Section 1258.260
(a) The statement of valuation data shall give the name and business or residence address of the witness and shall include a statement whether the...
- California Code of Civil Procedure Section 1258.270
(a) A party who is required to exchange lists of expert witnesses and statements of valuation data shall diligently give notice to the parties upon...
- California Code of Civil Procedure Section 1258.280
Except as provided in Section 1258.290, upon objection of a party who has served his list of expert witnesses and statements of valuation data in...
- California Code of Civil Procedure Section 1258.290
(a) The court may, upon such terms as may be just (including but not limited to continuing the trial for a reasonable period of time...
- California Code of Civil Procedure Section 1258.300
The superior court in any county may provide by court rule a procedure for the exchange of valuation data which shall be used in lieu...
- California Code of Civil Procedure Section 1260.010
Proceedings under this title take precedence over all other civil actions in the matter of setting the same for hearing or trial in order that...
- California Code of Civil Procedure Section 1260.020
(a) If proceedings to acquire the same property are consolidated, the court shall first determine whether the public uses for which the property is sought...
- California Code of Civil Procedure Section 1260.030
(a) If there is a dispute between plaintiff and defendant whether particular property is an improvement pertaining to the realty, either party may, not later...
- California Code of Civil Procedure Section 1260.040
(a) If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may...
- California Code of Civil Procedure Section 1260.110
(a) Where objections to the right to take are raised, unless the court orders otherwise, they shall be heard and determined prior to the determination...
- California Code of Civil Procedure Section 1260.120
(a) The court shall hear and determine all objections to the right to take. (b) If the court determines that the plaintiff has the right...
- California Code of Civil Procedure Section 1260.210
(a) The defendant shall present his evidence on the issue of compensation first and shall commence and conclude the argument. (b) Except as otherwise provided...
- California Code of Civil Procedure Section 1260.220
(a) Except as provided in subdivision (b), where there are divided interests in property acquired by eminent domain, the value of each interest and the...
- California Code of Civil Procedure Section 1260.230
As far as practicable, the trier of fact shall assess separately each of the following: (a) Compensation for the property taken as required by Article...
- California Code of Civil Procedure Section 1260.240
Where any persons unknown or any deceased persons or the heirs and devisees of any deceased persons have been properly joined as defendants but have...
- California Code of Civil Procedure Section 1260.250
(a) In a county where both the auditor and the tax collector are elected officials, the court shall by order give the auditor or tax...
- California Code of Civil Procedure Section 1263.010
(a) The owner of property acquired by eminent domain is entitled to compensation as provided in this chapter. (b) Nothing in this chapter affects any...
- California Code of Civil Procedure Section 1263.015
At the request of an owner of property acquired by eminent domain, the public entity may enter into an agreement with the owner specifying the...
- California Code of Civil Procedure Section 1263.020
Except as otherwise provided by law, the right to compensation shall be deemed to have accrued at the date of filing the complaint.
- California Code of Civil Procedure Section 1263.025
(a) A public entity shall offer to pay the reasonable costs, not to exceed five thousand dollars ($5,000), of an independent appraisal ordered by the...
- California Code of Civil Procedure Section 1263.110
(a) Unless an earlier date of valuation is applicable under this article, if the plaintiff deposits the probable compensation in accordance with Article 1 (commencing...
- California Code of Civil Procedure Section 1263.120
If the issue of compensation is brought to trial within one year after commencement of the proceeding, the date of valuation is the date of...
- California Code of Civil Procedure Section 1263.130
Subject to Section 1263.110, if the issue of compensation is not brought to trial within one year after commencement of the proceeding, the date of...
- California Code of Civil Procedure Section 1263.140
Subject to Section 1263.110, if a new trial is ordered by the trial or appellate court and the new trial is not commenced within one...
- California Code of Civil Procedure Section 1263.150
Subject to Section 1263.110, if a mistrial is declared and the retrial is not commenced within one year after the commencement of the proceeding, the...
- California Code of Civil Procedure Section 1263.205
(a) As used in this article, "improvements pertaining to the realty" include any machinery or equipment installed for use on property taken by eminent domain,...
- California Code of Civil Procedure Section 1263.210
(a) Except as otherwise provided by statute, all improvements pertaining to the realty shall be taken into account in determining compensation. (b) Subdivision (a) applies...
- California Code of Civil Procedure Section 1263.230
(a) Improvements pertaining to the realty shall not be taken into account in determining compensation to the extent that they are removed or destroyed before...
- California Code of Civil Procedure Section 1263.240
Improvements pertaining to the realty made subsequent to the date of service of summons shall not be taken into account in determining compensation unless one...
- California Code of Civil Procedure Section 1263.250
(a) The acquisition of property by eminent domain shall not prevent the defendant from harvesting and marketing crops planted before or after the service of...
- California Code of Civil Procedure Section 1263.260
Notwithstanding Section 1263.210, the owner of improvements pertaining to the realty may elect to remove any or all such improvements by serving on the plaintiff...
- California Code of Civil Procedure Section 1263.270
Where an improvement pertaining to the realty is located in part upon property taken and in part upon property not taken, the court may, on...
- California Code of Civil Procedure Section 1263.310
Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken.
- California Code of Civil Procedure Section 1263.320
(a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a...
- California Code of Civil Procedure Section 1263.321
A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant, comparable market is as set...
- California Code of Civil Procedure Section 1263.330
The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to...
- California Code of Civil Procedure Section 1263.410
(a) Where the property acquired is part of a larger parcel, in addition to the compensation awarded pursuant to Article 4 (commencing with Section 1263.310)...
- California Code of Civil Procedure Section 1263.420
Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following: (a) The severance of the...
- California Code of Civil Procedure Section 1263.430
Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in...
- California Code of Civil Procedure Section 1263.440
(a) The amount of any damage to the remainder and any benefit to the remainder shall reflect any delay in the time when the damage...
- California Code of Civil Procedure Section 1263.450
Compensation for injury to the remainder shall be based on the project as proposed. Any features of the project which mitigate the damage or provide...
- California Code of Civil Procedure Section 1263.510
(a) The owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, shall...
- California Code of Civil Procedure Section 1263.520
The owner of a business who claims compensation under this article shall make available to the court, and the court shall, upon such terms and...
- California Code of Civil Procedure Section 1263.530
Nothing in this article is intended to deal with compensation for inverse condemnation claims for temporary interference with or interruption of business.
- California Code of Civil Procedure Section 1263.610
A public entity and the owner of property to be acquired for public use may make an agreement that the public entity will: (a) Relocate...
- California Code of Civil Procedure Section 1263.615
(a) A public entity shall offer a one-year leaseback agreement to the owner of a property to be acquired by any method set forth in...
- California Code of Civil Procedure Section 1263.620
(a) Where summons is served during construction of an improvement or installation of machinery or equipment on the property taken or on the remainder if...
- California Code of Civil Procedure Section 1263.710
(a) As used in this article, "remedial action" and "removal" shall have the meanings accorded to those terms in Sections 25322 and 25323, respectively, of...
- California Code of Civil Procedure Section 1263.711
As used in this article, "hazardous material" shall have the same meaning as that term is defined in Section 25260 of the Health and Safety...
- California Code of Civil Procedure Section 1263.720
(a) Upon petition of any party to the proceeding, the court in which the proceeding is brought shall specially set for hearing the issue of...
- California Code of Civil Procedure Section 1263.730
Where the required action is caused to be performed by the plaintiff, and the amount available to the trustee under this article is insufficient to...
- California Code of Civil Procedure Section 1263.740
The presence of any hazardous material within a property shall not be considered in appraising the property, for purposes of Section 1263.720, pursuant to Article...
- California Code of Civil Procedure Section 1263.750
(a) Notwithstanding any action taken pursuant to this article, the plaintiff shall have available all remedies in law that are available to a purchaser of...
- California Code of Civil Procedure Section 1263.760
An offer by the plaintiff to purchase the property subject to this article shall be deemed to satisfy the requirements of Section 7267.2 of the...
- California Code of Civil Procedure Section 1263.770
This article shall only apply to the acquisition of property by school districts.
- California Code of Civil Procedure Section 1265.010
Although this chapter provides rules governing compensation for particular interests in property, it does not otherwise limit or affect the right to compensation for any...
- California Code of Civil Procedure Section 1265.110
Where all the property subject to a lease is acquired for public use, the lease terminates.
- California Code of Civil Procedure Section 1265.120
Except as provided in Section 1265.130, where part of the property subject to a lease is acquired for public use, the lease terminates as to...
- California Code of Civil Procedure Section 1265.130
Where part of the property subject to a lease is acquired for public use, the court may, upon petition of any party to the lease,...
- California Code of Civil Procedure Section 1265.140
The termination or partial termination of a lease pursuant to this article shall be at the earlier of the following times: (a) The time title...
- California Code of Civil Procedure Section 1265.150
Nothing in this article affects or impairs any right a lessee may have to compensation for the taking of his lease in whole or in...
- California Code of Civil Procedure Section 1265.160
Nothing in this article affects or impairs the rights and obligations of the parties to a lease to the extent that the lease provides for...
- California Code of Civil Procedure Section 1265.210
As used in this article, "lien" means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law,...
- California Code of Civil Procedure Section 1265.220
Where property acquired by eminent domain is encumbered by a lien and the indebtedness secured thereby is not due at the time of the entry...
- California Code of Civil Procedure Section 1265.225
(a) Where there is a partial taking of property encumbered by a lien, the lienholder may share in the award only to the extent determined...
- California Code of Civil Procedure Section 1265.230
(a) This section applies only where there is a partial taking of property encumbered by a lien and the part taken or some portion of...
- California Code of Civil Procedure Section 1265.240
Where the property acquired for public use is encumbered by a lien, the amount payable to the lienholder shall not include any penalty for prepayment.
- California Code of Civil Procedure Section 1265.250
(a) As used in this section: (1) "Fixed lien special assessment" means a nonrecurring assessment levied on property in a fixed amount by a local...
- California Code of Civil Procedure Section 1265.410
(a) Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of...
- California Code of Civil Procedure Section 1265.420
Where property acquired for public use is subject to a life tenancy, upon petition of the life tenant or any other person having an interest...
- California Code of Civil Procedure Section 1268.010
(a) Not later than 30 days after final judgment, or 30 days after the conclusion of any other court proceedings, including any federal court proceedings,...
- California Code of Civil Procedure Section 1268.020
(a) If the plaintiff fails to pay the full amount required by the judgment within the time specified in Section 1268.010, the defendant may: (1)...
- California Code of Civil Procedure Section 1268.030
(a) Upon application of any party, the court shall make a final order of condemnation if the full amount of the judgment has been paid...
- California Code of Civil Procedure Section 1268.110
(a) Except as provided in subdivision (b), the plaintiff may, at any time after entry of judgment, deposit with the court for the persons entitled...
- California Code of Civil Procedure Section 1268.120
If the deposit is made under Section 1268.110 prior to apportionment of the award, the plaintiff shall serve a notice that the deposit has been...
- California Code of Civil Procedure Section 1268.130
At any time after the plaintiff has made a deposit upon the award pursuant to Section 1268.110, the court may, upon motion of any defendant,...
- California Code of Civil Procedure Section 1268.140
(a) After entry of judgment, any defendant who has an interest in the property for which a deposit has been made may apply for and...
- California Code of Civil Procedure Section 1268.150
(a) Except as provided in subdivision (b), when money is deposited as provided in this article, the court shall order the money to be deposited...
- California Code of Civil Procedure Section 1268.160
(a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in...
- California Code of Civil Procedure Section 1268.170
By making a deposit pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to...
- California Code of Civil Procedure Section 1268.210
(a) If the plaintiff is not in possession of the property to be taken, the plaintiff may, at any time after entry of judgment, apply...
- California Code of Civil Procedure Section 1268.220
(a) The plaintiff shall serve a copy of the order for possession upon each defendant and his attorney, either personally or by mail: (1) At...
- California Code of Civil Procedure Section 1268.230
By taking possession pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon,...
- California Code of Civil Procedure Section 1268.240
Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.
- California Code of Civil Procedure Section 1268.310
The compensation awarded in the proceeding shall draw interest, computed as prescribed by Section 1268.350, from the earliest of the following dates: (a) The date...
- California Code of Civil Procedure Section 1268.311
In any inverse condemnation proceeding in which interest is awarded, the interest shall be computed as prescribed by Section 1268.350.
- California Code of Civil Procedure Section 1268.320
The compensation awarded in the proceeding shall cease to draw interest at the earliest of the following dates: (a) As to any amount deposited pursuant...
- California Code of Civil Procedure Section 1268.330
If, after the date that interest begins to accrue, the defendant: (a) Continues in actual possession of the property, the value of that possession shall...
- California Code of Civil Procedure Section 1268.340
Interest, including interest accrued due to possession of property by the plaintiff prior to judgment, and any offset against interest as provided in Section 1268.330,...
- California Code of Civil Procedure Section 1268.350
(a) As used in this section, "apportionment rate" means the apportionment rate calculated by the Controller as the rate of earnings by the Surplus Money...
- California Code of Civil Procedure Section 1268.360
The interest payable for each calendar quarter shall draw interest, computed as prescribed by Section 1268.350, in each succeeding calendar quarter for which interest is
- California Code of Civil Procedure Section 1268.410
As between the plaintiff and defendant, the plaintiff is liable for any ad valorem taxes, penalties, and costs upon property acquired by eminent domain prorated...
- California Code of Civil Procedure Section 1268.420
(a) Except as provided in subdivision (b): (1) If the acquisition of property by eminent domain will make the property exempt property as defined in...
- California Code of Civil Procedure Section 1268.430
(a) If the defendant has paid any amount for which, as between the plaintiff and defendant, the plaintiff is liable under this article, the plaintiff...
- California Code of Civil Procedure Section 1268.440
(a) If taxes have been paid on property that is exempt property as defined in Section 5081 of the Revenue and Taxation Code, the amount...
- California Code of Civil Procedure Section 1268.450
If property acquired by eminent domain does not have a separate valuation on the assessment roll, any party to the eminent domain proceeding may, at...
- California Code of Civil Procedure Section 1268.510
(a) At any time after the filing of the complaint and before the expiration of 30 days after final judgment, the plaintiff may wholly or...
- California Code of Civil Procedure Section 1268.610
(a) Subject to subdivisions (b) and (c), the court shall award the defendant his or her litigation expenses whenever: (1) The proceeding is wholly or...
- California Code of Civil Procedure Section 1268.620
If, after the defendant moves from property in compliance with an order or agreement for possession or in reasonable contemplation of its taking by the...
- California Code of Civil Procedure Section 1268.710
The defendants shall be allowed their costs, including the costs of determining the apportionment of the award made pursuant to subdivision (b) of Section 1260.220,...
- California Code of Civil Procedure Section 1268.720
Unless the court otherwise orders, whether or not he is the prevailing party, the defendant in the proceeding shall be allowed his costs on appeal....
- California Code of Civil Procedure Section 1273.010
(a) Any person authorized to acquire property for public use may enter into an agreement to arbitrate any controversy as to the compensation to be...
- California Code of Civil Procedure Section 1273.020
(a) Notwithstanding Sections 1283.2 and 1284.2, the party acquiring the property shall pay all of the expenses and fees of the neutral arbitrator and the...
- California Code of Civil Procedure Section 1273.030
(a) Except as specifically provided in this chapter, agreements authorized by this chapter are subject to Title 9 (commencing with Section 1280) of this part....
- California Code of Civil Procedure Section 1273.040
(a) Except as provided in subdivision (b), an agreement authorized by this chapter may specify the terms and conditions under which the party acquiring the...
- California Code of Civil Procedure Section 1273.050
(a) An agreement authorized by this chapter may be acknowledged and recorded, and rerecorded, in the same manner and with the same effect as a...
- California Code of Civil Procedure Section 1275
Applications for change of names must be determined by the Superior Courts.
- California Code of Civil Procedure Section 1276
(a) All applications for change of names shall be made to the superior court of the county where the person whose name is proposed to...
- California Code of Civil Procedure Section 1277
(a) If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), and...
- California Code of Civil Procedure Section 1278
(a) Except as provided in subdivisions (c) and (d), the petition or application shall be heard at the time designated by the court, only if...
- California Code of Civil Procedure Section 1278.5
In any proceeding pursuant to this title in which a petition has been filed to change the name of a minor, and both parents, if...
- California Code of Civil Procedure Section 1279.5
(a) Except as provided in subdivision (b), (c), (d), or (e), nothing in this title shall be construed to abrogate the common law right of...
- California Code of Civil Procedure Section 1279.6
No person engaged in a trade or business of any kind or in the provision of a service of any kind shall do any of...
- California Code of Civil Procedure Section 1280
As used in this title: (a) "Agreement" includes but is not limited to agreements providing for valuations, appraisals and similar proceedings and agreements between employers...
- California Code of Civil Procedure Section 1280.2
Whenever reference is made in this title to any portion of the title or of any other law of this State, the reference applies to...
- California Code of Civil Procedure Section 1281
A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as...
- California Code of Civil Procedure Section 1281.1
For the purposes of this article, any request to arbitrate made pursuant to subdivision (a) of Section 1299.4 shall be considered as made pursuant to...
- California Code of Civil Procedure Section 1281.12
If an arbitration agreement requires that arbitration of a controversy be demanded or initiated by a party to the arbitration agreement within a period of...
- California Code of Civil Procedure Section 1281.2
On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto...
- California Code of Civil Procedure Section 1281.3
A party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings...
- California Code of Civil Procedure Section 1281.4
If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an...
- California Code of Civil Procedure Section 1281.5
(a) Any person who proceeds to record and enforce a claim of lien by commencement of an action pursuant to Chapter 4 (commencing with Section...
- California Code of Civil Procedure Section 1281.6
If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method...
- California Code of Civil Procedure Section 1281.7
A petition pursuant to Section 1281.2 may be filed in lieu of filing an answer to a complaint. The petitioning defendant shall have 15 days...
- California Code of Civil Procedure Section 1281.8
(a) As used in this section, "provisional remedy" includes the following: (1) Attachments and temporary protective orders issued pursuant to Title 6.5 (commencing with Section...
- California Code of Civil Procedure Section 1281.85
(a) Beginning July 1, 2002, a person serving as a neutral arbitrator pursuant to an arbitration agreement shall comply with the ethics standards for arbitrators...
- California Code of Civil Procedure Section 1281.9
(a) In any arbitration pursuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose...
- California Code of Civil Procedure Section 1281.91
(a) A proposed neutral arbitrator shall be disqualified if he or she fails to comply with Section 1281.9 and any party entitled to receive the...
- California Code of Civil Procedure Section 1281.92
(a) No private arbitration company may administer a consumer arbitration, or provide any other services related to a consumer arbitration, if the company has, or...
- California Code of Civil Procedure Section 1281.95
(a) In a binding arbitration of any claim for more than three thousand dollars ($3,000) pursuant to a contract for the construction or improvement of...
- California Code of Civil Procedure Section 1281.96
(a) Except as provided in paragraph (2) of subdivision (b), any private arbitration company that administers or is otherwise involved in, a consumer arbitration, shall...
- California Code of Civil Procedure Section 1282
Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the arbitration...
- California Code of Civil Procedure Section 1282.2
Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the arbitration...
- California Code of Civil Procedure Section 1282.4
(a) A party to the arbitration has the right to be represented by an attorney at any proceeding or hearing in arbitration under this title....
- California Code of Civil Procedure Section 1282.6
(a) A subpoena requiring the attendance of witnesses, and a subpoena duces tecum for the production of books, records, documents and other evidence, at an...
- California Code of Civil Procedure Section 1282.8
The neutral arbitrator may administer oaths.
- California Code of Civil Procedure Section 1283
On application of a party to the arbitration, the neutral arbitrator may order the deposition of a witness to be taken for use as evidence...
- California Code of Civil Procedure Section 1283.05
To the extent provided in Section 1283.1 depositions may be taken and discovery obtained in arbitration proceedings as follows: (a) After the appointment of the...
- California Code of Civil Procedure Section 1283.1
(a) All of the provisions of Section 1283.05 shall be conclusively deemed to be incorporated into, made a part of, and shall be applicable to,...
- California Code of Civil Procedure Section 1283.2
Except for the parties to the arbitration and their agents, officers and employees, all witnesses appearing pursuant to subpoena are entitled to receive fees and...
- California Code of Civil Procedure Section 1283.4
The award shall be in writing and signed by the arbitrators concurring therein. It shall include a determination of all the questions submitted to the...
- California Code of Civil Procedure Section 1283.6
The neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or...
- California Code of Civil Procedure Section 1283.8
The award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders...
- California Code of Civil Procedure Section 1284
The arbitrators, upon written application of a party to the arbitration, may correct the award upon any of the grounds set forth in subdivisions (a)...
- California Code of Civil Procedure Section 1284.2
Unless the arbitration agreement otherwise provides or the parties to the arbitration otherwise agree, each party to the arbitration shall pay his pro rata share...
- California Code of Civil Procedure Section 1284.3
(a) No neutral arbitrator or private arbitration company shall administer a consumer arbitration under any agreement or rule requiring that a consumer who is a...
- California Code of Civil Procedure Section 1285
Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition...
- California Code of Civil Procedure Section 1285.2
A response to a petition under this chapter may request the court to dismiss the petition or to confirm, correct or vacate the award.
- California Code of Civil Procedure Section 1285.4
A petition under this chapter shall: (a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner...
- California Code of Civil Procedure Section 1285.6
Unless a copy thereof is set forth in or attached to the petition, a response to a petition under this chapter shall: (a) Set forth...
- California Code of Civil Procedure Section 1285.8
A petition to correct or vacate an award, or a response requesting such relief, shall set forth the grounds on which the request for such...
- California Code of Civil Procedure Section 1286
If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this...
- California Code of Civil Procedure Section 1286.2
(a) Subject to Section 1286.4, the court shall vacate the award if the court determines any of the following: (1) The award was procured by...
- California Code of Civil Procedure Section 1286.4
The court may not vacate an award unless: (a) A petition or response requesting that the award be vacated has been duly served and filed;...
- California Code of Civil Procedure Section 1286.6
Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286.2, shall correct the award and confirm it as corrected if...
- California Code of Civil Procedure Section 1286.8
The court may not correct an award unless: (a) A petition or response requesting that the award be corrected has been duly served and filed;...
- California Code of Civil Procedure Section 1287
If the award is vacated, the court may order a rehearing before new arbitrators. If the award is vacated on the grounds set forth in...
- California Code of Civil Procedure Section 1287.2
The court shall dismiss the proceeding under this chapter as to any person named as a respondent if the court determines that such person was...
- California Code of Civil Procedure Section 1287.4
If an award is confirmed, judgment shall be entered in conformity therewith. The judgment so entered has the same force and effect as, and is...
- California Code of Civil Procedure Section 1287.6
An award that has not been confirmed or vacated has the same force and effect as a contract in writing between the parties to the
- California Code of Civil Procedure Section 1288
A petition to confirm an award shall be served and filed not later than four years after the date of service of a signed copy...
- California Code of Civil Procedure Section 1288.2
A response requesting that an award be vacated or that an award be corrected shall be served and filed not later than 100 days after...
- California Code of Civil Procedure Section 1288.4
No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon...
- California Code of Civil Procedure Section 1288.6
If an application is made to the arbitrators for correction of the award, a petition may not be served and filed under this chapter until...
- California Code of Civil Procedure Section 1288.8
If an application is made to the arbitrators for correction of the award, the date of the service of the award for the purposes of...
- California Code of Civil Procedure Section 1290
A proceeding under this title in the courts of this State is commenced by filing a petition. Any person named as a respondent in a...
- California Code of Civil Procedure Section 1290.2
A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making...
- California Code of Civil Procedure Section 1290.4
(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which...
- California Code of Civil Procedure Section 1290.6
A response shall be served and filed within 10 days after service of the petition except that if the petition is served in the manner...
- California Code of Civil Procedure Section 1290.8
A response shall be served as provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of this code.
- California Code of Civil Procedure Section 1291
A statement of decision shall be made by the court, if requested pursuant to Section 632, whenever an order or judgment, except a special order...
- California Code of Civil Procedure Section 1291.2
In all proceedings brought under the provisions of this title, all courts wherein such proceedings are pending shall give such proceedings preference over all other...
- California Code of Civil Procedure Section 1292
Except as otherwise provided in this article, any petition made prior to the commencement of arbitration shall be filed in a court having jurisdiction in:...
- California Code of Civil Procedure Section 1292.2
Except as otherwise provided in this article, any petition made after the commencement or completion of arbitration shall be filed in a court having jurisdiction...
- California Code of Civil Procedure Section 1292.4
If a controversy referable to arbitration under an alleged agreement is involved in an action or proceeding pending in a superior court, a petition for...
- California Code of Civil Procedure Section 1292.6
After a petition has been filed under this title, the court in which such petition was filed retains jurisdiction to determine any subsequent petition involving...
- California Code of Civil Procedure Section 1292.8
A motion for a stay of an action on the ground that an issue therein is subject to arbitration shall be made in the court...
- California Code of Civil Procedure Section 1293
The making of an agreement in this State providing for arbitration to be had within this State shall be deemed a consent of the parties...
- California Code of Civil Procedure Section 1293.2
The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of...
- California Code of Civil Procedure Section 1294
An aggrieved party may appeal from: (a) An order dismissing or denying a petition to compel arbitration. (b) An order dismissing a petition to confirm,...
- California Code of Civil Procedure Section 1294.2
The appeal shall be taken in the same manner as an appeal from an order or judgment in a civil action. Upon an appeal from...
- California Code of Civil Procedure Section 1295
(a) Any contract for medical services which contains a provision for arbitration of any dispute as to professional negligence of a health care provider shall...
- California Code of Civil Procedure Section 1296
The parties to a construction contract with a public agency may expressly agree in writing that in any arbitration to resolve a dispute relating to...
- California Code of Civil Procedure Section 1297.11
This title applies to international commercial arbitration and conciliation, subject to any agreement which is in force between the United States and any other state...
- California Code of Civil Procedure Section 1297.12
This title, except Article 2 (commencing with Section 1297.81) of Chapter 2 and Article 3 (commencing with Section 1297.91) of Chapter 2, applies only if...
- California Code of Civil Procedure Section 1297.13
An arbitration or conciliation agreement is international if any of the following applies: (a) The parties to an arbitration or conciliation agreement have, at the...
- California Code of Civil Procedure Section 1297.14
For the purposes of Section 1297.13, if a party has more than one place of business, the place of business is that which has the...
- California Code of Civil Procedure Section 1297.15
For the purposes of Section 1297.13, the states of the United States, including the District of Columbia, shall be considered one state.
- California Code of Civil Procedure Section 1297.16
An arbitration or conciliation agreement is commercial if it arises out of a relationship of a commercial nature including, but not limited to, any of...
- California Code of Civil Procedure Section 1297.17
This title shall not affect any other law in force in California by virtue of which certain disputes may not be submitted to arbitration or...
- California Code of Civil Procedure Section 1297.21
For the purposes of this title: (a) "Arbitral award" means any decision of the arbitral tribunal on the substance of the dispute submitted to it...
- California Code of Civil Procedure Section 1297.22
Where a provision of this title, except Article 1 (commencing with Section 1297.281) of Chapter 6, leaves the parties free to determine a certain issue,...
- California Code of Civil Procedure Section 1297.23
Where a provision of this title refers to the fact that the parties have agreed or that they may agree, or in any other way...
- California Code of Civil Procedure Section 1297.24
Where this title, other than Article 8 (commencing with Section 1297. 251) of Chapter 5, Article 5 (commencing with Section 1297.321) of Chapter 6, or...
- California Code of Civil Procedure Section 1297.31
Unless otherwise agreed by the parties, any written communication is deemed to have been received if it is delivered to the addressee personally or if...
- California Code of Civil Procedure Section 1297.32
If none of the places referred to in Section 1297.31 can be found after making a reasonable inquiry, a written communication is deemed to have...
- California Code of Civil Procedure Section 1297.33
This article does not apply to written communications in respect of court proceedings.
- California Code of Civil Procedure Section 1297.41
A party who knows that any provision of this title, or any requirement under the arbitration agreement, has not been complied with and yet proceeds...
- California Code of Civil Procedure Section 1297.42
For purposes of Section 1297.41, "any provision of this title" means any provision of this title in respect of which the parties may otherwise agree.
- California Code of Civil Procedure Section 1297.51
In matters governed by this title, no court shall intervene except where so provided in this title, or applicable federal law.
- California Code of Civil Procedure Section 1297.61
The functions referred to in Sections 1297.114, 1297.115, 1297.116, 1297.134, 1297.135, 1297.136, 1297.165, 1297.166, and 1297.167 shall be performed by the superior court of the...
- California Code of Civil Procedure Section 1297.71
An "arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between...
- California Code of Civil Procedure Section 1297.72
An arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in...
- California Code of Civil Procedure Section 1297.81
When a party to an international commercial arbitration agreement as defined in this title commences judicial proceedings seeking relief with respect to a matter covered...
- California Code of Civil Procedure Section 1297.82
A timely request for a stay of judicial proceedings made under Section 1297.81 shall be granted.
- California Code of Civil Procedure Section 1297.91
It is not incompatible with an arbitration agreement for a party to request from a superior court, before or during arbitral proceedings, an interim measure...
- California Code of Civil Procedure Section 1297.92
Any party to an arbitration governed by this title may request from the superior court enforcement of an award of an arbitral tribunal to take...
- California Code of Civil Procedure Section 1297.93
Measures which the court may grant in connection with a pending arbitration include, but are not limited to: (a) An order of attachment issued to...
- California Code of Civil Procedure Section 1297.94
In considering a request for interim relief, the court shall give preclusive effect to any and all findings of fact of the arbitral tribunal including...
- California Code of Civil Procedure Section 1297.95
Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal's findings until...
- California Code of Civil Procedure Section 1297.101
The parties may agree on the number of arbitrators. Otherwise, there shall be one arbitrator.
- California Code of Civil Procedure Section 1297.111
A person of any nationality may be an arbitrator.
- California Code of Civil Procedure Section 1297.112
Subject to Sections 1297.115 and 1297.116, the parties may agree on a procedure for appointing the arbitral tribunal.
- California Code of Civil Procedure Section 1297.113
Failing such agreement referred to in Section 1297.112, in an arbitration with three arbitrators and two parties, each party shall appoint one arbitrator, and the...
- California Code of Civil Procedure Section 1297.114
If the appointment procedure in Section 1297.113 applies and either a party fails to appoint an arbitrator within 30 days after receipt of a request...
- California Code of Civil Procedure Section 1297.115
Failing any agreement referred to in Section 1297.112, in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator, the...
- California Code of Civil Procedure Section 1297.116
The superior court, upon the request of a party, may take the necessary measures, unless the agreement on the appointment procedure provides other means for...
- California Code of Civil Procedure Section 1297.117
A decision on a matter entrusted to the superior court pursuant to Sections 1297.114, 127.115, and 1297.116 is final and is not subject to appeal.
- California Code of Civil Procedure Section 1297.118
The superior court, in appointing an arbitrator, shall have due regard to all of the following: (a) Any qualifications required of the arbitrator by the...
- California Code of Civil Procedure Section 1297.119
An arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under any statute or contract. The...
- California Code of Civil Procedure Section 1297.121
Except as otherwise provided in this title, all persons whose names have been submitted for consideration for appointment or designation as arbitrators or conciliators, or...
- California Code of Civil Procedure Section 1297.122
The obligation to disclose information set forth in Section 1297.121 is mandatory and cannot be waived as to the parties with respect to persons serving...
- California Code of Civil Procedure Section 1297.123
From the time of appointment and throughout the arbitral proceedings, an arbitrator, shall, without delay, disclose to the parties any circumstances referred to in Section...
- California Code of Civil Procedure Section 1297.124
Unless otherwise agreed by the parties or the rules governing the arbitration, an arbitrator may be challenged only if circumstances exist that give rise to...
- California Code of Civil Procedure Section 1297.125
A party may challenge an arbitrator appointed by it, or in whose appointment it has participated, only for reasons of which it becomes aware after...
- California Code of Civil Procedure Section 1297.131
The parties may agree on a procedure for challenging an arbitrator and the decision reached pursuant to that procedure shall be final.
- California Code of Civil Procedure Section 1297.132
Failing any agreement referred to in Section 1297.131, a party which intends to challenge an arbitrator shall, within 15 days after becoming aware of the...
- California Code of Civil Procedure Section 1297.133
Unless the arbitrator challenged under Section 1297.132 withdraws from his or her office or the other party agrees to the challenge, the arbitral tribunal shall...
- California Code of Civil Procedure Section 1297.134
If a challenge following the procedure under Section 1297.133 is not successful, the challenging party may request the superior court, within 30 days after having...
- California Code of Civil Procedure Section 1297.135
The decision of the superior court under Section 1297.134 is final and is not subject to appeal.
- California Code of Civil Procedure Section 1297.136
While a request under Section 1297.134 is pending, the arbitral tribunal, including the challenged arbitrator, may continue with the arbitral proceedings and make an arbitral
- California Code of Civil Procedure Section 1297.141
The mandate of an arbitrator terminates if he becomes de jure or de facto unable to perform his or her functions or for other reasons...
- California Code of Civil Procedure Section 1297.142
If a controversy remains concerning any of the grounds referred to in Section 1297.141, a party may request the superior court to decide on the...
- California Code of Civil Procedure Section 1297.143
A decision of the superior court under Section 1297.142 is not subject to appeal.
- California Code of Civil Procedure Section 1297.144
If, under this section or Section 1297.132, an arbitrator withdraws from office or a party agrees to the termination of the mandate of an arbitrator,...
- California Code of Civil Procedure Section 1297.151
In addition to the circumstances referred to under Article 4 (commencing with Section 1297.131) and Article 5 (commencing with Section 1297.141) of this chapter, the...
- California Code of Civil Procedure Section 1297.152
Where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the...
- California Code of Civil Procedure Section 1297.153
Unless otherwise agreed by the parties: (a) Where the sole or presiding arbitrator is replaced, any hearings previously held shall be repeated. (b) Where an...
- California Code of Civil Procedure Section 1297.154
Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section...
- California Code of Civil Procedure Section 1297.161
The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement,...
- California Code of Civil Procedure Section 1297.162
A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. However, a...
- California Code of Civil Procedure Section 1297.163
A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond...
- California Code of Civil Procedure Section 1297.164
The arbitral tribunal may, in either of the cases referred to in Sections 1297.162 and 1297.163, admit a later plea if it considers the delay
- California Code of Civil Procedure Section 1297.165
The arbitral tribunal may rule on a plea referred to in Sections 1297.162 and 1297.163 either as a preliminary question or in an award on...
- California Code of Civil Procedure Section 1297.166
If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party shall request the superior court, within 30 days after having...
- California Code of Civil Procedure Section 1297.167
While a request under Section 1297.166 is pending, the arbitral tribunal may continue with the arbitral proceedings and make an arbitral award.
- California Code of Civil Procedure Section 1297.171
Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order a party to take any interim measure of...
- California Code of Civil Procedure Section 1297.172
The arbitral tribunal may require a party to provide appropriate security in connection with a measure ordered under Section 1297.171.
- California Code of Civil Procedure Section 1297.181
The parties shall be treated with equality and each party shall be given a full opportunity to present his or her case.
- California Code of Civil Procedure Section 1297.191
Subject to this title, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
- California Code of Civil Procedure Section 1297.192
Failing any agreement referred to in Section 1297.191, the arbitral tribunal may, subject to this title, conduct the arbitration in the manner it considers appropriate.
- California Code of Civil Procedure Section 1297.193
The power of the arbitral tribunal under Section 1297.192 includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.
- California Code of Civil Procedure Section 1297.201
The parties may agree on the place of arbitration.
- California Code of Civil Procedure Section 1297.202
Failing any agreement referred to in Section 1297.201, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of...
- California Code of Civil Procedure Section 1297.203
Notwithstanding Section 1297.201, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members,...
- California Code of Civil Procedure Section 1297.211
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that...
- California Code of Civil Procedure Section 1297.221
The parties may agree upon the language or languages to be used in the arbitral proceedings.
- California Code of Civil Procedure Section 1297.222
Failing any agreement referred to in Section 1297.221, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
- California Code of Civil Procedure Section 1297.223
The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing, and any arbitral award, decision, or other...
- California Code of Civil Procedure Section 1297.224
The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties...
- California Code of Civil Procedure Section 1297.231
Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or...
- California Code of Civil Procedure Section 1297.232
The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence...
- California Code of Civil Procedure Section 1297.233
Unless otherwise agreed by the parties, either party may amend or supplement his or her claim or defense during the course of the arbitral proceedings,...
- California Code of Civil Procedure Section 1297.241
Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument,...
- California Code of Civil Procedure Section 1297.242
Unless the parties have agreed that no oral hearings shall be held, the arbitral tribunal shall hold oral hearings at an appropriate state of the...
- California Code of Civil Procedure Section 1297.243
The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of inspection of...
- California Code of Civil Procedure Section 1297.244
All statements, documents, or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party,...
- California Code of Civil Procedure Section 1297.245
Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings shall be held in camera.
- California Code of Civil Procedure Section 1297.251
Unless otherwise agreed by the parties, where, without showing sufficient cause, the claimant fails to communicate his or her statement of claim in accordance with...
- California Code of Civil Procedure Section 1297.252
Unless otherwise agreed by the parties, where, without showing sufficient cause, the respondent fails to communicate his or her statement of defense in accordance with...
- California Code of Civil Procedure Section 1297.253
Unless otherwise agreed by the parties, where, without showing sufficient cause, a party fails to appear at an oral hearing or to produce documentary evidence,...
- California Code of Civil Procedure Section 1297.261
Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specific issues to be determined...
- California Code of Civil Procedure Section 1297.262
Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of...
- California Code of Civil Procedure Section 1297.271
The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the superior court assistance in taking evidence and the...
- California Code of Civil Procedure Section 1297.272
Where the parties to two or more arbitration agreements have agreed, in their respective arbitration agreements or otherwise, to consolidate the arbitrations arising out of...
- California Code of Civil Procedure Section 1297.273
Nothing in this article shall be construed to prevent the parties to two or more arbitrations from agreeing to consolidate those arbitrations and taking any...
- California Code of Civil Procedure Section 1297.281
The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the
- California Code of Civil Procedure Section 1297.282
Any designation by the parties of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to...
- California Code of Civil Procedure Section 1297.283
Failing any designation of the law under Section 1297.282 by the parties, the arbitral tribunal shall apply the rules of law it considers to be...
- California Code of Civil Procedure Section 1297.284
The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, if the parties have expressly authorized it to do so.
- California Code of Civil Procedure Section 1297.285
In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the...
- California Code of Civil Procedure Section 1297.291
Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a...
- California Code of Civil Procedure Section 1297.301
It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties,...
- California Code of Civil Procedure Section 1297.302
If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected...
- California Code of Civil Procedure Section 1297.303
An arbitral award on agreed terms shall be made in accordance with Article 4 (commencing with Section 1297.311) of this chapter and shall state that...
- California Code of Civil Procedure Section 1297.304
An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute.
- California Code of Civil Procedure Section 1297.311
An arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal.
- California Code of Civil Procedure Section 1297.312
For the purposes of Section 1297.311, in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the...
- California Code of Civil Procedure Section 1297.313
The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given, or...
- California Code of Civil Procedure Section 1297.314
The arbitral award shall state its date and the place of arbitration as determined in accordance with Article 3 (commencing with Section 1297.201) of Chapter...
- California Code of Civil Procedure Section 1297.315
After the arbitral award is made, a signed copy shall be delivered to each party.
- California Code of Civil Procedure Section 1297.316
The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may...
- California Code of Civil Procedure Section 1297.317
Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
- California Code of Civil Procedure Section 1297.318
(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal. (b) In making an...
- California Code of Civil Procedure Section 1297.321
The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal under Section 1297.322. The award shall be...
- California Code of Civil Procedure Section 1297.322
The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where any of the following occurs: (a) The claimant withdraws his...
- California Code of Civil Procedure Section 1297.323
Subject to Article 6 (commencing with Section 1297.331) of this chapter, the mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings.
- California Code of Civil Procedure Section 1297.331
Within 30 days after receipt of the arbitral award, unless another period of time has been agreed upon by the parties: (a) A party may...
- California Code of Civil Procedure Section 1297.332
If the arbitral tribunal considers any request made under Section 1297.331 to be justified, it shall make the correction or give the interpretation within 30...
- California Code of Civil Procedure Section 1297.333
The arbitral tribunal may correct any error of the type referred to in subdivision (a) of Section 1297.331, on its own initiative, within 30 days...
- California Code of Civil Procedure Section 1297.334
Unless otherwise agreed by the parties, a party may request, within 30 days after receipt of the arbitral award, the arbitral tribunal to make an...
- California Code of Civil Procedure Section 1297.335
If the arbitral tribunal considers any request made under Section 1297.334 to be justified, it shall make the additional arbitral award within 60 days after...
- California Code of Civil Procedure Section 1297.336
The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation, or make an additional...
- California Code of Civil Procedure Section 1297.337
Article 4 (commencing with Section 1297.311) of this chapter applies to a correction or interpretation of the arbitral award or to an additional arbitral award...
- California Code of Civil Procedure Section 1297.341
It is the policy of the State of California to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or conciliation...
- California Code of Civil Procedure Section 1297.342
The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations of...
- California Code of Civil Procedure Section 1297.343
The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances of the case,...
- California Code of Civil Procedure Section 1297.351
The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need...
- California Code of Civil Procedure Section 1297.361
At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and apportionment of costs...
- California Code of Civil Procedure Section 1297.362
No party may be required to accept any settlement proposed by the conciliator or conciliators.
- California Code of Civil Procedure Section 1297.371
When persons agree to participate in conciliation under this title: (a) Evidence of anything said or of any admission made in the course of the...
- California Code of Civil Procedure Section 1297.381
The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial...
- California Code of Civil Procedure Section 1297.382
All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under this...
- California Code of Civil Procedure Section 1297.391
The conciliation proceedings may be terminated as to all parties by any of the following: (a) A written declaration of the conciliator or conciliators, after...
- California Code of Civil Procedure Section 1297.392
The conciliation proceedings may be terminated as to particular parties by either of the following: (a) A written declaration of a party to the other...
- California Code of Civil Procedure Section 1297.393
No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in, the...
- California Code of Civil Procedure Section 1297.394
By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had...
- California Code of Civil Procedure Section 1297.401
If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators...
- California Code of Civil Procedure Section 1297.411
Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. As used...
- California Code of Civil Procedure Section 1297.412
These costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party...
- California Code of Civil Procedure Section 1297.421
Neither the request for conciliation, the consent to participate in the conciliation proceedings, the participation in such proceedings, nor the entering into a conciliation agreement...
- California Code of Civil Procedure Section 1297.431
Neither the conciliator or conciliators, the parties, nor their representatives shall be subject to service of process on any civil matter while they are present...
- California Code of Civil Procedure Section 1297.432
No person who serves as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance...
- California Code of Civil Procedure Section 1298
(a) Whenever any contract to convey real property, or contemplated to convey real property in the future, including marketing contracts, deposit receipts, real property sales...
- California Code of Civil Procedure Section 1298.5
Any party to an action who proceeds to record a notice of pending action pursuant to Section 409 shall not thereby waive any right of...
- California Code of Civil Procedure Section 1298.7
In the event an arbitration provision is included in a contract or agreement covered by this title, it shall not preclude or limit any right...
- California Code of Civil Procedure Section 1298.8
This title shall become operative on July 1, 1989, and shall only apply to contracts or agreements entered into on or after that date.
- California Code of Civil Procedure Section 1299
The Legislature hereby finds and declares that strikes taken by firefighters and law enforcement officers against public employers are a matter of statewide concern, are...
- California Code of Civil Procedure Section 1299.2
This title shall apply to all employers of firefighters and law enforcement officers.
- California Code of Civil Procedure Section 1299.3
As used in this title: (a) "Employee" means any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b). (b)...
- California Code of Civil Procedure Section 1299.4
(a) If an impasse has been declared after the parties have exhausted their mutual efforts to reach agreement over matters within the scope of arbitration,...
- California Code of Civil Procedure Section 1299.5
(a) The arbitration panel shall, within 10 days after its establishment or any additional periods to which the parties agree, meet with the parties or...
- California Code of Civil Procedure Section 1299.6
(a) The arbitration panel shall direct that five days prior to the commencement of its hearings, each of the parties shall submit the last best...
- California Code of Civil Procedure Section 1299.7
(a) The arbitration panel shall mail or otherwise deliver a copy of the decision to the parties. However, the decision of the arbitration panel shall...
- California Code of Civil Procedure Section 1299.8
Unless otherwise provided in this title, Title 9 (commencing with Section 1280) shall be applicable to any arbitration proceeding undertaken pursuant to this title.
- California Code of Civil Procedure Section 1299.9
(a) The provisions of this title shall not apply to any employer that is a city, county, or city and county, governed by a charter...
- California Code of Civil Procedure Section 1300
For the purposes of this title, the following definitions shall apply: (a) "Property," unless specifically qualified, includes all classes of property, real, personal and mixed....
- California Code of Civil Procedure Section 1301
For the purposes of this title, unless otherwise specified, (1) a reference to a section refers to a section of this code; (2) a reference...
- California Code of Civil Procedure Section 1305
It is the purpose of this title to provide for the receipt, custody, investment, management, disposal, escheat and permanent escheat of various classes of unclaimed...
- California Code of Civil Procedure Section 1306
The provisions of this title do not apply to money or other property held by the State or any officer thereof as trustee or bailee...
- California Code of Civil Procedure Section 1310
Whenever, under the provisions of this title or under any other provision of law, unclaimed money or other unclaimed property is payable into the State...
- California Code of Civil Procedure Section 1311
Any person transmitting money or other property to the Treasurer or Controller under the provisions of this title shall, at the time of such transmittal,...
- California Code of Civil Procedure Section 1312
Whenever money or other property is paid to the State or any officer or employee thereof under the provisions of this title, and such money...
- California Code of Civil Procedure Section 1313
A fund is hereby created in the State Treasury, to be known as the Unclaimed Property Fund. All money, except permanently escheated money, paid to...
- California Code of Civil Procedure Section 1314
The Controller shall maintain a separate account in the Unclaimed Property Fund covering the accountability for money deposited in the Unclaimed Property Fund under each...
- California Code of Civil Procedure Section 1315
If unclaimed money or other property in an estate of a deceased person, or if any unclaimed amount payable pursuant to an allowed and approved...
- California Code of Civil Procedure Section 1316
If unclaimed money or other property is received by the State or any officer or employee thereof and deposited in the State Treasury under the...
- California Code of Civil Procedure Section 1317
The amount of each canceled warrant credited to the Unclaimed Property Fund under the provisions of Section 17072 of the Government Code shall, on order...
- California Code of Civil Procedure Section 1318
All interest received and other income derived from the investment of moneys in the Unclaimed Property Fund, as provided in Section 13470 of the Government...
- California Code of Civil Procedure Section 1319
Except as otherwise provided in Section 1318, all rents, interest, dividends or other income or increment derived from real or personal property received and held...
- California Code of Civil Procedure Section 1320
Except as otherwise provided in Section 1318, all rents, interest, dividends or other income or increment derived from real or personal property that has permanently...
- California Code of Civil Procedure Section 1321
Any person delivering money or other property to the Treasurer or Controller under the provisions of this title shall, upon such delivery, be relieved and...
- California Code of Civil Procedure Section 1325
Notwithstanding Section 13340 of the Government Code, all money in the Unclaimed Property Fund is hereby continuously appropriated to the Controller, without regard to fiscal...
- California Code of Civil Procedure Section 1335
When payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit shall thereafter...
- California Code of Civil Procedure Section 1345
If any person has erroneously delivered any unclaimed moneys or other unclaimed property to the state or any officer or employee thereof, and the moneys...
- California Code of Civil Procedure Section 1346
If any person has erroneously delivered any unclaimed moneys or other unclaimed property to the state or any officer or employee thereof, and the moneys...
- California Code of Civil Procedure Section 1347
Whenever money deposited in the Unclaimed Property Fund is transferred to the General Fund under the provisions of this title, and whenever the records of...
- California Code of Civil Procedure Section 1350
Unless otherwise provided in this title, all money or other property deposited in the State Treasury under the provisions of this title may be claimed...
- California Code of Civil Procedure Section 1351
Unless otherwise provided in this title, all money or other property deposited in the State Treasury under the provisions of this title, if not claimed...
- California Code of Civil Procedure Section 1352
(a) Whenever unclaimed money or other property is deposited in the State Treasury under this title, and, except as otherwise provided by law, whenever there...
- California Code of Civil Procedure Section 1353
Except as otherwise provided in Sections 401 or 1352, whenever money or other property is deposited in the State Treasury under the provisions of this...
- California Code of Civil Procedure Section 1354
Whenever any claim is made or petition filed by the representative of an estate or other person, under the provisions of this chapter, or under...
- California Code of Civil Procedure Section 1355
Within five years after date of entry of judgment in any proceeding had under the provisions of Chapter 5, or within five years after completion...
- California Code of Civil Procedure Section 1360
For the purposes of this chapter, the following definitions shall apply: (a) "Personal property" means personal property falling within the definition of "unclaimed property" under...
- California Code of Civil Procedure Section 1361
The care and custody of all property delivered to the Treasurer or Controller pursuant to this title is assumed by the State for the benefit...
- California Code of Civil Procedure Section 1365
In connection with all unclaimed property, the Controller has all of the powers necessary in order to safeguard and conserve the interests of all parties,...
- California Code of Civil Procedure Section 1370
The Controller, with the prior approval of the California Victim Compensation and Government Claims Board, may sell or lease personal property at any time, and...
- California Code of Civil Procedure Section 1371
The Controller, with the prior approval of the California Victim Compensation and Government Claims Board, may sell, cash, redeem, exchange, or otherwise dispose of any...
- California Code of Civil Procedure Section 1372
The Controller may sign, endorse, or otherwise authenticate, in the name and on behalf of the State, subscribing his name, as Controller, under such writing,...
- California Code of Civil Procedure Section 1373
The Controller may lease or sell any real property for cash at public auction to the highest bidder. Before such sale or lease, notice thereof...
- California Code of Civil Procedure Section 1374
The Controller may reject any and all bids made at sales or public auctions held under the provisions of this chapter.
- California Code of Civil Procedure Section 1375
With the approval of the California Victim Compensation and Government Claims Board, any real property may be sold or leased by the Controller at private...
- California Code of Civil Procedure Section 1376
Upon receipt of the proceeds of any sale made pursuant to this chapter, the Controller shall execute, in the name and on behalf of the...
- California Code of Civil Procedure Section 1377
The Controller shall not enter into any transaction which shall create or impose upon the owners, heirs, devisees, legatees, or other claimants of the property...
- California Code of Civil Procedure Section 1378
No suit shall be maintained by any person against the State or any officer thereof, for or on account of any transaction entered into by...
- California Code of Civil Procedure Section 1379
With the prior approval of the California Victim Compensation and Government Claims Board, the Controller may destroy or otherwise dispose of any personal property other...
- California Code of Civil Procedure Section 1380
All sales, exchanges, or other transactions entered into by the Controller pursuant to this chapter are exempt from the provisions of Section 11009 of the...
- California Code of Civil Procedure Section 1381
All sales, leases or other transactions entered into by the Controller pursuant to this chapter shall be conclusive against everyone, except a purchaser or encumbrancer...
- California Code of Civil Procedure Section 1382
Any provision of this article which authorizes the Controller to sell real property applies to any real property distributed or escheated to, or the title...
- California Code of Civil Procedure Section 1390
The Controller shall deliver to the Treasurer the proceeds of any sale or lease of property, other than permanently escheated property, made pursuant to this...
- California Code of Civil Procedure Section 1391
The Controller shall deliver to the Treasurer the proceeds of any sale or lease of permanently escheated property made pursuant to this chapter; and, on...
- California Code of Civil Procedure Section 1392
The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under...
- California Code of Civil Procedure Section 1393
The proceeds of any transaction by the Controller under the provisions of this chapter, in connection with property received and held by the state under...
- California Code of Civil Procedure Section 1394
The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under...
- California Code of Civil Procedure Section 1410
The Attorney General shall, from time to time, commence actions on behalf of the state for the purpose of having it adjudged that title to...
- California Code of Civil Procedure Section 1415
Whenever any money or other personal property of a value of one thousand dollars ($1,000) or less has heretofore been, or is hereafter, deposited in...
- California Code of Civil Procedure Section 1420
(a) At any time after two years after the death of any decedent who leaves property to which the state is entitled by reason of...
- California Code of Civil Procedure Section 1421
Whenever the Attorney General is informed that any estate has escheated or is about to escheat to the state, or that the property involved in...
- California Code of Civil Procedure Section 1422
The court, upon the information being filed, and upon application of the Attorney General, either before or after answer, upon notice to the party claiming...
- California Code of Civil Procedure Section 1423
All persons named in the information may appear and answer, and may traverse or deny the facts stated therein at any time before the time...
- California Code of Civil Procedure Section 1424
If, in any proceeding had under this title, the judgment or decree distributes or vests unclaimed property or any portion thereof to or in the...
- California Code of Civil Procedure Section 1430
(a) Upon the expiration of five years after the date of entry of judgment in any proceeding pursuant to this chapter, or upon the expiration...
- California Code of Civil Procedure Section 1431
When money in the Unclaimed Property Fund has become permanently escheated to the state, the amount thereof shall, on order of the Controller, be transferred...
- California Code of Civil Procedure Section 1440
Whenever, under the provisions of this title or under any other provision of law, any unclaimed money or other property in an estate of a...
- California Code of Civil Procedure Section 1441
Money or other property distributed to the state under Chapter 6 (commencing with Section 11900) of Part 10 of Division 7 of the Probate Code,...
- California Code of Civil Procedure Section 1442
Except as otherwise provided in Section 1441, any money or other property paid into the State Treasury under the provisions of this article may be...
- California Code of Civil Procedure Section 1443
Notwithstanding any other provision of law, all money or other property paid or delivered to the state or any officer or employee thereof under the...
- California Code of Civil Procedure Section 1444
At the time of the next county settlement following the expiration of one year from the date of its deposit in the county treasury, all...
- California Code of Civil Procedure Section 1444.5
Notwithstanding any other provision of law, any money on deposit with the county treasurer of a county received from a public administrator of the county...
- California Code of Civil Procedure Section 1445
If money or other property is deposited in a county treasury, and if the deposits belong (1) to known decedents' estates on which letters testamentary...
- California Code of Civil Procedure Section 1446
Notwithstanding any other provision of law, all unclaimed money or other property belonging to any person who dies while confined in any state institution subject...
- California Code of Civil Procedure Section 1447
Notwithstanding any other provision of law, all unclaimed money or other property belonging to any person who dies while confined in any state institution subject...
- California Code of Civil Procedure Section 1448
Notwithstanding any other provision of law, all unclaimed money or other property belonging to any person who dies while confined in any state institution subject...
- California Code of Civil Procedure Section 1449
Notwithstanding any other provision of law, all presumptively abandoned money or other property paid or delivered to the Treasurer or Controller under the provisions of...
- California Code of Civil Procedure Section 1476
The expiration of any period of time specified by law, during which an action or proceeding may be commenced or enforced to secure payment of...
- California Code of Civil Procedure Section 1500
This chapter may be cited as the Unclaimed Property Law.
- California Code of Civil Procedure Section 1501
As used in this chapter, unless the context otherwise requires: (a) "Apparent owner" means the person who appears from the records of the holder to...
- California Code of Civil Procedure Section 1501.5
(a) Notwithstanding any provision of law to the contrary, property received by the state under this chapter shall not permanently escheat to the state. (b)...
- California Code of Civil Procedure Section 1502
(a) This chapter does not apply to any of the following: (1) Any property in the official custody of a municipal utility district. (2) Any...
- California Code of Civil Procedure Section 1503
(a) As used in this section: (1) "Old act" means this chapter as it existed prior to January 1, 1969. (2) "New act" means this...
- California Code of Civil Procedure Section 1504
(a) As used in this section: (1) "Old act" means this chapter as it existed prior to January 1, 1969. (2) "New act" means this...
- California Code of Civil Procedure Section 1505
This chapter does not affect any duty to file a report with the State Controller or to pay or deliver any property to him that...
- California Code of Civil Procedure Section 1506
The provisions of this chapter as it exists on and after January 1, 1969, insofar as they are substantially the same as the provisions of...
- California Code of Civil Procedure Section 1510
Unless otherwise provided by statute of this state, intangible personal property escheats to this state under this chapter if the conditions for escheat stated in...
- California Code of Civil Procedure Section 1511
(a) Any sum payable on a money order, travelers check, or other similar written instrument (other than a third-party bank check) on which a business...
- California Code of Civil Procedure Section 1513
(a) Subject to Sections 1510 and 1511, the following property held or owing by a business association escheats to this state: (1) (A) Except as...
- California Code of Civil Procedure Section 1513.5
(a) Except as provided in subdivision (c), if the holder has in its records an address for the apparent owner, which the holder's records do...
- California Code of Civil Procedure Section 1514
(a) The contents of, or the proceeds of sale of the contents of, any safe deposit box or any other safekeeping repository, held in this...
- California Code of Civil Procedure Section 1515
(a) Subject to Section 1510, funds held or owing by a life insurance corporation under any life or endowment insurance policy or annuity contract which...
- California Code of Civil Procedure Section 1515.5
Property distributable in the course of a demutualization or related reorganization of an insurance company is deemed abandoned as follows: (a) On the date of...
- California Code of Civil Procedure Section 1516
(a) Subject to Section 1510, any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or...
- California Code of Civil Procedure Section 1517
(a) All property distributable in the course of a voluntary or involuntary dissolution or liquidation of a business association that is unclaimed by the owner...
- California Code of Civil Procedure Section 1518
(a) (1) All tangible personal property located in this state and, subject to Section 1510, all intangible personal property, including intangible personal property maintained in...
- California Code of Civil Procedure Section 1519
All tangible personal property located in this state, and, subject to Section 1510, all intangible personal property, held for the owner by any government or...
- California Code of Civil Procedure Section 1519.5
Subject to Section 1510, any sums held by a business association that have been ordered to be refunded by a court or an administrative agency...
- California Code of Civil Procedure Section 1520
(a) All tangible personal property located in this state and, subject to Section 1510, all intangible personal property, except property of the classes mentioned in...
- California Code of Civil Procedure Section 1520.5
Section 1520 does not apply to gift certificates subject to Title 1.4A (commencing with Section 1749.45) of Part 4 of Division 3 of the Civil...
- California Code of Civil Procedure Section 1521
(a) Except as provided in subdivision (b), and subject to Section 1510, all employee benefit plan distributions and any income or other increment thereon escheats...
- California Code of Civil Procedure Section 1522
No service, handling, maintenance or other charge or fee of any kind which is imposed because of the inactive or unclaimed status contemplated by this...
- California Code of Civil Procedure Section 1523
If an insurer, after a good faith effort to locate and deliver to a policyholder a Proposition 103 rebate ordered or negotiated pursuant to Section...
- California Code of Civil Procedure Section 1528
This chapter does not apply to unclaimed funds held by a life insurance corporation which is organized or admitted as a domestic fraternal benefit society...
- California Code of Civil Procedure Section 1530
(a) Every person holding funds or other property escheated to this state under this chapter shall report to the Controller as provided in this section....
- California Code of Civil Procedure Section 1531
(a) Within one year after payment or delivery of escheated property as required by Section 1532, the Controller shall cause a notice to be published,...
- California Code of Civil Procedure Section 1531.5
(a) The Controller shall establish and conduct a notification program designed to inform owners about the possible existence of unclaimed property received pursuant to this...
- California Code of Civil Procedure Section 1532
(a) Every person filing a report as provided by Section 1530 shall, no sooner than seven months and no later than seven months and 15...
- California Code of Civil Procedure Section 1532.1
Notwithstanding Sections 1531 and 1532, property that escheats to the state pursuant to Section 1514 shall not be paid or delivered to the state until...
- California Code of Civil Procedure Section 1533
Tangible personal property may be excluded from the notices required by Section 1531, shall not be delivered to the State Controller, and shall not escheat...
- California Code of Civil Procedure Section 1540
(a) Any person, excluding another state, who claims an interest in property paid or delivered to the Controller under this chapter may file a claim...
- California Code of Civil Procedure Section 1541
Any person aggrieved by a decision of the Controller or as to whose claim the Controller has failed to make a decision within 180 days...
- California Code of Civil Procedure Section 1542
(a) At any time after property has been paid or delivered to the Controller under this chapter, another state is entitled to recover the property...
- California Code of Civil Procedure Section 1560
(a) Upon the payment or delivery of escheated property to the Controller, the state shall assume custody and shall be responsible for the safekeeping of...
- California Code of Civil Procedure Section 1561
(a) If the holder pays or delivers escheated property to the State Controller in accordance with this chapter and thereafter any person claims the property...
- California Code of Civil Procedure Section 1562
When property other than money is delivered to the State Controller under this chapter, any dividends, interest or other increments realized or accruing on such...
- California Code of Civil Procedure Section 1563
(a) Except as provided in subdivisions (b) and (c), all escheated property delivered to the Controller under this chapter shall be sold by the Controller...
- California Code of Civil Procedure Section 1564
(a) All money received under this chapter, including the proceeds from the sale of property under Section 1563, shall be deposited in the Unclaimed Property...
- California Code of Civil Procedure Section 1565
Any property delivered to the Controller pursuant to this chapter that has no apparent commercial value shall be retained by the Controller for a period...
- California Code of Civil Procedure Section 1566
(a) When payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit shall...
- California Code of Civil Procedure Section 1567
The Director of Parks and Recreation may examine any tangible personal property delivered to the Controller under this chapter for purposes of determining whether such...
- California Code of Civil Procedure Section 1570
The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to...
- California Code of Civil Procedure Section 1571
(a) The Controller may at reasonable times and upon reasonable notice examine the records of any person if the Controller has reason to believe that...
- California Code of Civil Procedure Section 1572
(a) The State Controller may bring an action in a court of appropriate jurisdiction, as specified in this section, for any of the following purposes:...
- California Code of Civil Procedure Section 1573
The State Controller may enter into an agreement to provide information needed to enable another state to determine unclaimed property it may be entitled to...
- California Code of Civil Procedure Section 1574
At the request of another state, the Attorney General of this state may bring an action in the name of the other state, in any...
- California Code of Civil Procedure Section 1575
(a) If the State Controller believes that a person in another state holds property subject to escheat under this chapter and the courts of this...
- California Code of Civil Procedure Section 1576
(a) Any person who willfully fails to render any report or perform other duties, including use of the report format described in Section 1530, required...
- California Code of Civil Procedure Section 1577
In addition to any damages, penalties, or fines for which a person may be liable under other provisions of law, any person who fails to...
- California Code of Civil Procedure Section 1577.5
(a) Section 1577 does not apply to, and interest may not be imposed upon, any escheated property paid or delivered to the Controller at any...
- California Code of Civil Procedure Section 1580
The State Controller is hereby authorized to make necessary rules and regulations to carry out the provisions of this chapter.
- California Code of Civil Procedure Section 1581
(a) Any business association that sells in this state its travelers checks, money orders, or other similar written instruments (other than third-party bank checks) on...
- California Code of Civil Procedure Section 1582
No agreement to locate, deliver, recover, or assist in the recovery of property reported under Section 1530, entered into between the date a report is...
- California Code of Civil Procedure Section 1600
It is the policy of this State: (a) To discover property in the custody of officers, departments, and agencies of the United States, which property...
- California Code of Civil Procedure Section 1601
As used in this chapter: (a) "Unclaimed property" means any tangible personal property or intangible personal property, including choses in action in amounts certain, and...
- California Code of Civil Procedure Section 1602
The Controller is authorized to enter into agreements establishing the time and manner for payments of this State's proportionate share of the actual and necessary...
- California Code of Civil Procedure Section 1603
The State hereby undertakes to hold the United States harmless against any claim concerning property delivered to the custody of the State in accordance with...
- California Code of Civil Procedure Section 1604
(a) All unclaimed intangible property, together with all interest and other increments accruing thereto, is subject to delivery to this state if the last known...
- California Code of Civil Procedure Section 1605
The Governor shall certify to the Comptroller General or other proper officer of the United States that the law of this State provides effective means...
- California Code of Civil Procedure Section 1606
On the thirtieth day of June next following the date of certification by the Governor, and annually thereafter, the Controller shall request the Comptroller General...
- California Code of Civil Procedure Section 1607
When a report is received from the Comptroller General or other proper officer of the United States, the Controller shall prepare and forward a copy...
- California Code of Civil Procedure Section 1608
The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to...
- California Code of Civil Procedure Section 1609
Within 120 days following the date of initial posting by the clerk of the superior court, the Attorney General shall commence a proceeding by filing...
- California Code of Civil Procedure Section 1610
No summons or other process shall issue to direct the appearance and answer of a respondent. Commencing within five days after filing petition, notice of...
- California Code of Civil Procedure Section 1611
Any person, whether or not named in the petition, may within 15 days after completion of notice respond to the petition by answer describing the...
- California Code of Civil Procedure Section 1612
Within 20 days following expiration of time for filing answer under Section 1611, the Attorney General shall apply to the court for a judgment relating...
- California Code of Civil Procedure Section 1613
The Controller shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of...
- California Code of Civil Procedure Section 1614
Property received under this chapter shall be deposited or sold by the State Controller as though received under Chapter 7 (commencing with Section 1500) of...
- California Code of Civil Procedure Section 1615
All money in the abandoned property account in the Unclaimed Property Fund is hereby continuously appropriated to the State Controller without regard to fiscal years,...
- California Code of Civil Procedure Section 1710.10
As used in this chapter: (a) "Judgment creditor" means the person or persons who can bring an action to enforce a sister state judgment. (b)...
- California Code of Civil Procedure Section 1710.15
(a) A judgment creditor may apply for the entry of a judgment based on a sister state judgment by filing an application pursuant to Section...
- California Code of Civil Procedure Section 1710.20
(a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court. (b) Subject to the...
- California Code of Civil Procedure Section 1710.25
(a) Upon the filing of the application, the clerk shall enter a judgment based upon the application for the total of the following amounts as...
- California Code of Civil Procedure Section 1710.30
(a) Notice of entry of judgment shall be served promptly by the judgment creditor upon the judgment debtor in the manner provided for service of...
- California Code of Civil Procedure Section 1710.35
Except as otherwise provided in this chapter, a judgment entered pursuant to this chapter shall have the same effect as an original money judgment of...
- California Code of Civil Procedure Section 1710.40
(a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state...
- California Code of Civil Procedure Section 1710.45
(a) Except as otherwise provided in this section, a writ of execution on a judgment entered pursuant to this chapter shall not issue, nor may...
- California Code of Civil Procedure Section 1710.50
(a) The court shall grant a stay of enforcement where: (1) An appeal from the sister state judgment is pending or may be taken in...
- California Code of Civil Procedure Section 1710.55
No judgment based on a sister state judgment may be entered pursuant to this chapter in any of the following cases: (a) A stay of...
- California Code of Civil Procedure Section 1710.60
(a) Except as provided in subdivision (b), nothing in this chapter affects any right a judgment creditor may have to bring an action to enforce...
- California Code of Civil Procedure Section 1710.65
The entry of a judgment based on a sister state judgment pursuant to this chapter does not limit the right of the judgment creditor to...
- California Code of Civil Procedure Section 1713
This chapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
- California Code of Civil Procedure Section 1714
As used in this chapter: (a) "Foreign country" means a government other than any of the following: (1) The United States. (2) A state, district,...
- California Code of Civil Procedure Section 1715
(a) Except as otherwise provided in subdivision (b), this chapter applies to a foreign-country judgment to the extent that the judgment both: (1) Grants or...
- California Code of Civil Procedure Section 1716
(a) Except as otherwise provided in subdivisions (b) and (c), a court of this state shall recognize a foreign-country judgment to which this chapter applies....
- California Code of Civil Procedure Section 1717
(a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if any of the following apply: (1) The defendant was served...
- California Code of Civil Procedure Section 1718
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking...
- California Code of Civil Procedure Section 1719
If the court in a proceeding under Section 1718 finds that the foreign-country judgment is entitled to recognition under this chapter then, to the extent...
- California Code of Civil Procedure Section 1720
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken in the foreign country, the court may stay...
- California Code of Civil Procedure Section 1721
An action to recognize a foreign-country judgment shall be commenced within the earlier of the time during which the foreign-country judgment is effective in the...
- California Code of Civil Procedure Section 1722
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject...
- California Code of Civil Procedure Section 1723
This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this chapter.
- California Code of Civil Procedure Section 1724
(a) This chapter applies to all actions commenced on or after the effective date of this chapter in which the issue of recognition of a...
- California Code of Civil Procedure Section 1775
The Legislature finds and declares that: (a) The peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of...
- California Code of Civil Procedure Section 1775.1
(a) As used in this title, "mediation" means a process in which a neutral person or persons facilitate communication between the disputants to assist them...
- California Code of Civil Procedure Section 1775.2
(a) This title shall apply to the courts of the County of Los Angeles. (b) A court of any county, at the option of the...
- California Code of Civil Procedure Section 1775.3
(a) In the courts of the County of Los Angeles and in other courts that elect to apply this title, all at-issue civil actions in...
- California Code of Civil Procedure Section 1775.4
An action that has been ordered into arbitration pursuant to Section 1141.11 or 1141.12 may not be ordered into mediation under this title, and an...
- California Code of Civil Procedure Section 1775.5
The court shall not order a case into mediation where the amount in controversy exceeds fifty thousand dollars ($50,000). The determination of the amount in...
- California Code of Civil Procedure Section 1775.6
In actions submitted to mediation pursuant to Section 1775.3, a mediator shall be selected for the action within 30 days of its submission to mediation....
- California Code of Civil Procedure Section 1775.7
(a) Submission of an action to mediation pursuant to this title shall not suspend the running of the time periods specified in Chapter 1.5 (commencing...
- California Code of Civil Procedure Section 1775.8
(a) The compensation of court-appointed mediators shall be the same as the compensation of arbitrators pursuant to Section 1141.18, except that no compensation shall be...
- California Code of Civil Procedure Section 1775.9
(a) In the event that the parties to mediation are unable to reach a mutually acceptable agreement and any party to the mediation wishes to...
- California Code of Civil Procedure Section 1775.10
All statements made by the parties during the mediation shall be subject to Sections 703.5 and 1152, and Chapter 2 (commencing with Section 1115) of...
- California Code of Civil Procedure Section 1775.11
Any party who participates in mediation pursuant to Section 1775.3 shall retain the right to obtain discovery to the extent available under the Civil Discovery...
- California Code of Civil Procedure Section 1775.12
Any reference to the mediation or the statement of nonagreement filed pursuant to Section 1775.9 during any subsequent trial shall constitute an irregularity in the...
- California Code of Civil Procedure Section 1775.13
It is the intent of the Legislature that nothing in this title be construed to preempt other current or future alternative dispute resolution programs operating...
- California Code of Civil Procedure Section 1775.14
(a) On or before January 1, 1998, the Judicial Council shall submit a report to the Legislature concerning court alternative dispute resolution programs. This report...
- California Code of Civil Procedure Section 1775.15
Notwithstanding any other provision of law except the provisions of this title, the Judicial Council shall provide by rule for all of the following: (a)...
- California Code of Civil Procedure Section 1800
(a) As used in this section, the following terms have the following meanings: (1) "Insolvent" means: (A) With reference to a person other than a...
- California Code of Civil Procedure Section 1801
In any general assignment for the benefit of creditors (as defined in Section 493.010), the assignor, if an individual, may choose to retain as exempt...
- California Code of Civil Procedure Section 1802
(a) In any general assignment for the benefit of creditors, as defined in Section 493.010, the assignee shall, within 30 days after the assignment has...
- California Code of Civil Procedure Section 1811
(a) Following the issuance of the bonds as specified in Section 63048.65 of the Government Code and during the term of the bonds, if it...
- California Code of Civil Procedure Section 1822.50
An inspection warrant is an order, in writing, in the name of the people, signed by a judge of a court of record, directed to...
- California Code of Civil Procedure Section 1822.51
An inspection warrant shall be issued upon cause, unless some other provision of state or federal law makes another standard applicable. An inspection warrant shall...
- California Code of Civil Procedure Section 1822.52
Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to...
- California Code of Civil Procedure Section 1822.53
Before issuing an inspection warrant, the judge may examine on oath the applicant and any other witness, and shall satisfy himself of the existence of...
- California Code of Civil Procedure Section 1822.54
If the judge is satisfied that the proper standard for issuance of the warrant has been met, he or she shall issue the warrant particularly...
- California Code of Civil Procedure Section 1822.55
An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed...
- California Code of Civil Procedure Section 1822.56
An inspection pursuant to this warrant may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor in...
- California Code of Civil Procedure Section 1822.57
Any person who willfully refuses to permit an inspection lawfully authorized by warrant issued pursuant to this title is guilty of a misdemeanor.
- California Code of Civil Procedure Section 1822.58
A warrant may be issued under the requirements of this title to authorize personnel of the Department of Fish and Game to conduct inspections of...
- California Code of Civil Procedure Section 1822.59
(a) Notwithstanding the provisions of Section 1822.54, for purposes of an animal or plant pest or disease eradication effort pursuant to Division 4 (commencing with...
- California Code of Civil Procedure Section 1822.60
A warrant may be issued under the requirements of this title to authorize personnel of the Department of Justice to conduct inspections as provided in...
- California Code of Civil Procedure Section 1855
When any map which has been recorded in the office of the recorder of any county is injured, destroyed, lost, or stolen, any person interested...
- California Code of Civil Procedure Section 1856
(a) Terms set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are...
- California Code of Civil Procedure Section 1857
The language of a writing is to be interpreted according to the meaning it bears in the place of its execution, unless the parties have...
- California Code of Civil Procedure Section 1858
In the construction of a statute or instrument, the office of the Judge is simply to ascertain and declare what is in terms or in...
- California Code of Civil Procedure Section 1859
In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to...
- California Code of Civil Procedure Section 1860
For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument, and of...
- California Code of Civil Procedure Section 1861
The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible that they have...
- California Code of Civil Procedure Section 1862
When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter.
- California Code of Civil Procedure Section 1864
When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against...
- California Code of Civil Procedure Section 1865
A written notice, as well as every other writing, is to be construed according to the ordinary acceptation of its terms. Thus a notice to...
- California Code of Civil Procedure Section 1866
When a statute or instrument is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former is...
- California Code of Civil Procedure Section 1878
A witness is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination, or...
- California Code of Civil Procedure Section 1895
Laws, whether organic or ordinary, are either written or unwritten.
- California Code of Civil Procedure Section 1896
A written law is that which is promulgated in writing, and of which a record is in existence.
- California Code of Civil Procedure Section 1897
The organic law is the Constitution of Government, and is altogether written. Other written laws are denominated statutes. The written law of this State is...
- California Code of Civil Procedure Section 1898
Statutes are public or private. A private statute is one which concerns only certain designated individuals, and affects only their private rights. All other statutes...
- California Code of Civil Procedure Section 1899
Unwritten law is the law not promulgated and recorded, as mentioned in Section 1896, but which is, nevertheless, observed and administered in the Courts of...
- California Code of Civil Procedure Section 1904
A judicial record is the record or official entry of the proceedings in a Court of justice, or of the official act of a judicial...
- California Code of Civil Procedure Section 1908
(a) The effect of a judgment or final order in an action or special proceeding before a court or judge of this state, or of...
- California Code of Civil Procedure Section 1908.5
When a judgment or order of a court is conclusive, the judgment or order must be alleged in the pleadings if there be an opportunity...
- California Code of Civil Procedure Section 1909
Other judicial orders of a Court or Judge of this State, or of the United States, create a disputable presumption, according to the matter directly...
- California Code of Civil Procedure Section 1910
The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case, and...
- California Code of Civil Procedure Section 1911
That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was...
- California Code of Civil Procedure Section 1912
Whenever, pursuant to the last four sections, a party is bound by a record, and such party stands in the relation of a surety for...
- California Code of Civil Procedure Section 1913
(a) Subject to subdivision (b), the effect of a judicial record of a sister state is the same in this state as in the state...
- California Code of Civil Procedure Section 1914
The effect of the judicial record of a Court of admiralty of a foreign country is the same as if it were the record of...
- California Code of Civil Procedure Section 1916
Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or judicial officer, of collusion between the parties, or...
- California Code of Civil Procedure Section 1917
The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the...
- California Code of Civil Procedure Section 1929
Private writings are either: 1. Sealed; or, 2. Unsealed.
- California Code of Civil Procedure Section 1930
A seal is a particular sign, made to attest, in the most formal manner, the execution of an instrument.
- California Code of Civil Procedure Section 1931
Section Nineteen Hundred and Thirty-one. A public seal in this State is a stamp or impression made by a public officer with an instrument provided...
- California Code of Civil Procedure Section 1932
Section Nineteen Hundred and Thirty-two. There shall be no difference hereafter, in this State, between sealed and unsealed writings. A writing under seal may therefore...
- California Code of Civil Procedure Section 1933
The execution of an instrument is the subscribing and delivering it, with or without affixing a seal.
- California Code of Civil Procedure Section 1934
An agreement, in writing, without a seal, for the compromise or settlement of a debt, is as obligatory as if a seal were affixed.
- California Code of Civil Procedure Section 1935
A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name...
- California Code of Civil Procedure Section 1950
Section Nineteen Hundred and Fifty. The record of a conveyance of real property, or any other record, a transcript of which is admissible in evidence,...
- California Code of Civil Procedure Section 1952
(a) The clerk shall retain in his or her custody any exhibit, deposition, or administrative record introduced in the trial of a civil action or...
- California Code of Civil Procedure Section 1952.2
Notwithstanding any other provisions of law, upon a judgment becoming final, at the expiration of the appeal period, unless an appeal is pending, the court,...
- California Code of Civil Procedure Section 1952.3
Notwithstanding any other provision of the law, the court, on its own motion, may order the destruction or other disposition of any exhibit, deposition, or...
- California Code of Civil Procedure Section 1953
As used in this article "record" includes all or any part of any judgment, decree, order, document, paper, process, or file.
- California Code of Civil Procedure Section 1953.01
Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason...
- California Code of Civil Procedure Section 1953.02
Upon notice given pursuant to Sections 1010 to 1020, inclusive, of this code, and its being shown to the satisfaction of the court that the...
- California Code of Civil Procedure Section 1953.03
Whenever in any action or special proceeding, civil or criminal, in any court of this State any record is lost, injured, or destroyed by reason...
- California Code of Civil Procedure Section 1953.04
Upon the hearing if the court is satisfied that the statements contained in the written application are true, it shall make an order reciting the...
- California Code of Civil Procedure Section 1953.05
The record in all cases where the proceeding is in rem, including probate, guardianship, conservatorship, and insolvency proceedings, may be supplied in like manner upon...
- California Code of Civil Procedure Section 1953.06
If an appeal to a reviewing court has been taken in any action or special proceeding in any trial court in which the record has...
- California Code of Civil Procedure Section 1953.10
Any person, corporation, copartnership, organization, institution, business, member of profession or calling interested in establishing the existence, substance, genuineness, or authenticity of any memorandum, book,...
- California Code of Civil Procedure Section 1953.11
Notice of the filing of the petition and of the time and place of the hearing thereof shall be given to such persons, if any,...
- California Code of Civil Procedure Section 1953.12
Upon the hearing the court shall receive such evidence as may be required and if the court is satisfied that the statements contained in the...
- California Code of Civil Procedure Section 1953.13
The order of court made upon such hearing shall refer to the memorandum, book, map, chart, manuscript, writing, account, entry, record, print, document, representation or...
- California Code of Civil Procedure Section 1971
No estate or interest in real property, other than for leases for a term not exceeding one year, nor any power over or concerning it,...
- California Code of Civil Procedure Section 1972
(a) Section 1971 shall not be construed to abridge the power of any court to compel the specific performance of an agreement, in case of...
- California Code of Civil Procedure Section 1974
No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum...
- California Code of Civil Procedure Section 1985
(a) The process by which the attendance of a witness is required is the subpoena. It is a writ or order directed to a person...
- California Code of Civil Procedure Section 1985.1
Any person who is subpoenaed to appear at a session of court, or at the trial of an issue therein, may, in lieu of appearance...
- California Code of Civil Procedure Section 1985.2
Any subpoena which requires the attendance of a witness at any civil trial shall contain the following notice in a type face designed to call...
- California Code of Civil Procedure Section 1985.3
(a) For purposes of this section, the following definitions apply: (1) "Personal records" means the original, any copy of books, documents, other writings, or electronically...
- California Code of Civil Procedure Section 1985.4
The procedures set forth in Section 1985.3 are applicable to a subpoena duces tecum for records containing "personal information," as defined in Section 1798.3 of...
- California Code of Civil Procedure Section 1985.5
If a subpena requires the attendance of a witness before an officer or commissioner out of court, it shall, for a refusal to be sworn,...
- California Code of Civil Procedure Section 1985.6
(a) For purposes of this section, the following terms have the following meanings: (1) "Deposition officer" means a person who meets the qualifications specified in...
- California Code of Civil Procedure Section 1985.7
When a medical provider fails to comply with Section 1158 of the Evidence Code, in addition to any other available remedy, the demanding party may...
- California Code of Civil Procedure Section 1985.8
(a) (1) A subpoena in a civil proceeding may require that electronically stored information, as defined in Section 2016.020, be produced and that the party...
- California Code of Civil Procedure Section 1986
A subpoena is obtainable as follows: (a) To require attendance before a court, or at the trial of an issue therein, or upon the taking...
- California Code of Civil Procedure Section 1986.1
(a) No testimony or other evidence given by a journalist under subpoena in a civil or criminal proceeding may be construed as a waiver of...
- California Code of Civil Procedure Section 1986.5
Any person who is subpoenaed and required to give a deposition shall be entitled to receive the same witness fees and mileage as if the...
- California Code of Civil Procedure Section 1987
(a) Except as provided in Sections 68097.1 to 68097.8, inclusive, of the Government Code, the service of a subpoena is made by delivering a copy,...
- California Code of Civil Procedure Section 1987.1
(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court,...
- California Code of Civil Procedure Section 1987.2
(a) Except as specified in subdivision (c), in making an order pursuant to motion made under subdivision (c) of Section 1987 or under Section 1987.1,...
- California Code of Civil Procedure Section 1987.3
When a subpoena duces tecum is served upon a custodian of records or other qualified witness as provided in Article 4 (commencing with Section 1560)...
- California Code of Civil Procedure Section 1987.5
The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena...
- California Code of Civil Procedure Section 1988
If a witness is concealed in a building or vessel, so as to prevent the service of subpoena upon him, any Court or Judge, or...
- California Code of Civil Procedure Section 1989
A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness before any court, judge, justice...
- California Code of Civil Procedure Section 1990
A person present in Court, or before a judicial officer, may be required to testify in the same manner as if he were in attendance...
- California Code of Civil Procedure Section 1991
Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required,...
- California Code of Civil Procedure Section 1991.1
Disobedience to a subpoena requiring attendance of a witness before an officer out of court in a deposition taken pursuant to Title 4 (commencing with...
- California Code of Civil Procedure Section 1991.2
The provisions of Section 1991 do not apply to any act or omission occurring in a deposition taken pursuant to Title 4 (commencing with Section...
- California Code of Civil Procedure Section 1992
A person failing to appear pursuant to a subpoena or a court order also forfeits to the party aggrieved the sum of five hundred dollars...
- California Code of Civil Procedure Section 1993
(a) (1) As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209, the court...
- California Code of Civil Procedure Section 1993.1
(a) If authorized by the court as provided by paragraph (11) of subdivision (b) of Section 1993, the sheriff may release the person arrested upon...
- California Code of Civil Procedure Section 1993.2
If a person arrested on a civil bench warrant issued pursuant to Section 1993 fails to appear after being released on a promise to appear,...
- California Code of Civil Procedure Section 1994
Every warrant of commitment, issued by a court or officer pursuant to this chapter, shall specify therein, particularly, the cause of the commitment, and if...
- California Code of Civil Procedure Section 1995
If the witness be a prisoner, confined in a jail within this state, an order for his examination in the jail upon deposition, or for...
- California Code of Civil Procedure Section 1996
Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected...
- California Code of Civil Procedure Section 1997
If the witness be imprisoned in a jail in the county where the action or proceeding is pending, his production may be required. In all...
- California Code of Civil Procedure Section 2002
The testimony of witnesses is taken in three modes: 1. By affidavit; 2. By deposition; 3. By oral examination.
- California Code of Civil Procedure Section 2003
An affidavit is a written declaration under oath, made without notice to the adverse party.
- California Code of Civil Procedure Section 2004
A deposition is a written declaration, under oath, made upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine....
- California Code of Civil Procedure Section 2005
An oral examination is an examination in presence of the jury or tribunal which is to decide the fact or act upon it, the testimony...
- California Code of Civil Procedure Section 2009
An affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or...
- California Code of Civil Procedure Section 2010
Evidence of the publication of a document or notice required by law, or by an order of a Court or Judge, to be published in...
- California Code of Civil Procedure Section 2011
Section Two Thousand and Eleven. If such affidavit be made in an action or special proceeding pending in a Court, it may be filed with...
- California Code of Civil Procedure Section 2012
An affidavit to be used before any court, judge, or officer of this state may be taken before any officer authorized to administer oaths.
- California Code of Civil Procedure Section 2013
Section Two Thousand and Thirteen. An affidavit taken in another State of the United States, to be used in this State, may be taken before...
- California Code of Civil Procedure Section 2014
Section Two Thousand and Fourteen. An affidavit taken in a foreign country to be used in this State, may be taken before an Embassador, Minister,...
- California Code of Civil Procedure Section 2015
When an affidavit is taken before a Judge or a Court in another State, or in a foreign country, the genuineness of the signature of...
- California Code of Civil Procedure Section 2015.3
The certificate of a sheriff, marshal, or the clerk of the superior court, has the same force and effect as his or her affidavit.
- California Code of Civil Procedure Section 2015.5
Whenever, under any law of this state or under any rule, regulation, order or requirement made pursuant to the law of this state, any matter...
- California Code of Civil Procedure Section 2015.6
Whenever, under any law of this State or under any rule, regulation, order or requirement made pursuant to law, an oath is required to be...
- California Code of Civil Procedure Section 2016.010
This title may be cited as the "Civil Discovery Act."
- California Code of Civil Procedure Section 2016.020
As used in this title: (a) "Action" includes a civil action and a special proceeding of a civil nature. (b) "Court" means the trial court...
- California Code of Civil Procedure Section 2016.030
Unless the court orders otherwise, the parties may by written stipulation modify the procedures provided by this title for any method of discovery permitted under...
- California Code of Civil Procedure Section 2016.040
A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of...
- California Code of Civil Procedure Section 2016.050
Section 1013 applies to any method of discovery or service of a motion provided for in this title.
- California Code of Civil Procedure Section 2016.060
When the last day to perform or complete any act provided for in this title falls on a Saturday, Sunday, or holiday as specified in...
- California Code of Civil Procedure Section 2016.070
This title applies to discovery in aid of enforcement of a money judgment only to the extent provided in Article 1 (commencing with Section 708.010)...
- California Code of Civil Procedure Section 2017.010
Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is...
- California Code of Civil Procedure Section 2017.020
(a) The court shall limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood...
- California Code of Civil Procedure Section 2017.210
A party may obtain discovery of the existence and contents of any agreement under which any insurance carrier may be liable to satisfy in whole...
- California Code of Civil Procedure Section 2017.220
(a) In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the plaintiff's sexual conduct...
- California Code of Civil Procedure Section 2017.310
(a) Notwithstanding any other provision of law, it is the policy of the State of California that confidential settlement agreements are disfavored in any civil...
- California Code of Civil Procedure Section 2017.320
(a) In any civil action the factual foundation for which establishes a cause of action for a violation of the Elder Abuse and Dependent Adult...
- California Code of Civil Procedure Section 2018.010
For purposes of this chapter, "client" means a "client" as defined in Section 951 of the Evidence Code.
- California Code of Civil Procedure Section 2018.020
It is the policy of the state to do both of the following: (a) Preserve the rights of attorneys to prepare cases for trial with...
- California Code of Civil Procedure Section 2018.030
(a) A writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances. (b) The work product...
- California Code of Civil Procedure Section 2018.040
This chapter is intended to be a restatement of existing law relating to protection of work product. It is not intended to expand or reduce...
- California Code of Civil Procedure Section 2018.050
Notwithstanding Section 2018.040, when a lawyer is suspected of knowingly participating in a crime or fraud, there is no protection of work product under this...
- California Code of Civil Procedure Section 2018.060
Nothing in this chapter is intended to limit an attorney' s ability to request an in camera hearing as provided for in People v. Superior...
- California Code of Civil Procedure Section 2018.070
(a) The State Bar may discover the work product of an attorney against whom disciplinary charges are pending when it is relevant to issues of...
- California Code of Civil Procedure Section 2018.080
In an action between an attorney and a client or a former client of the attorney, no work product privilege under this chapter exists if...
- California Code of Civil Procedure Section 2019.010
Any party may obtain discovery by one or more of the following methods: (a) Oral and written depositions. (b) Interrogatories to a party. (c) Inspections...
- California Code of Civil Procedure Section 2019.020
(a) Except as otherwise provided by a rule of the Judicial Council, a local court rule, or a local uniform written policy, the methods of...
- California Code of Civil Procedure Section 2019.030
(a) The court shall restrict the frequency or extent of use of a discovery method provided in Section 2019.010 if it determines either of the...
- California Code of Civil Procedure Section 2019.040
(a) When any method of discovery permits the production, inspection, copying, testing, or sampling of documents or tangible things, that method shall also permit the...
- California Code of Civil Procedure Section 2019.210
In any action alleging the misappropriation of a trade secret under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1...
- California Code of Civil Procedure Section 2020.010
(a) Any of the following methods may be used to obtain discovery within the state from a person who is not a party to the...
- California Code of Civil Procedure Section 2020.020
A deposition subpoena may command any of the following: (a) Only the attendance and the testimony of the deponent, under Article 3 (commencing with Section...
- California Code of Civil Procedure Section 2020.030
Except as modified in this chapter, the provisions of Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of this code, and...
- California Code of Civil Procedure Section 2020.210
(a) The clerk of the court in which the action is pending shall issue a deposition subpoena signed and sealed, but otherwise in blank, to...
- California Code of Civil Procedure Section 2020.220
(a) Subject to subdivision (c) of Section 2020.410, service of a deposition subpoena shall be effected a sufficient time in advance of the deposition to...
- California Code of Civil Procedure Section 2020.230
(a) If a deposition subpoena requires the personal attendance of the deponent, under Article 3 (commencing with Section 2020.310) or Article 5 (commencing with Section...
- California Code of Civil Procedure Section 2020.240
A deponent who disobeys a deposition subpoena in any manner described in subdivision (c) of Section 2020.220 may be punished for contempt under Chapter 7...
- California Code of Civil Procedure Section 2020.310
The following rules apply to a deposition subpoena that commands only the attendance and the testimony of the deponent: (a) The subpoena shall specify the...
- California Code of Civil Procedure Section 2020.410
(a) A deposition subpoena that commands only the production of business records for copying shall designate the business records to be produced either by specifically...
- California Code of Civil Procedure Section 2020.420
The officer for a deposition seeking discovery only of business records for copying under this article shall be a professional photocopier registered under Chapter 20...
- California Code of Civil Procedure Section 2020.430
(a) Except as provided in subdivision (e), if a deposition subpoena commands only the production of business records for copying, the custodian of the records...
- California Code of Civil Procedure Section 2020.440
Promptly on or after the deposition date and after the receipt or the making of a copy of business records under this article, the deposition...
- California Code of Civil Procedure Section 2020.510
(a) A deposition subpoena that commands the attendance and the testimony of the deponent, as well as the production of business records, documents, electronically stored...
- California Code of Civil Procedure Section 2023.010
Misuses of the discovery process include, but are not limited to, the following: (a) Persisting, over objection and without substantial justification, in an attempt to...
- California Code of Civil Procedure Section 2023.020
Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer...
- California Code of Civil Procedure Section 2023.030
To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any...
- California Code of Civil Procedure Section 2023.040
A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify...
- California Code of Civil Procedure Section 2024.010
As used in this chapter, discovery is considered completed on the day a response is due or on the day a deposition begins.
- California Code of Civil Procedure Section 2024.020
(a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before...
- California Code of Civil Procedure Section 2024.030
Any party shall be entitled as a matter of right to complete discovery proceedings pertaining to a witness identified under Chapter 18 (commencing with Section...
- California Code of Civil Procedure Section 2024.040
(a) The time limit on completing discovery in an action to be arbitrated under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part...
- California Code of Civil Procedure Section 2024.050
(a) On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to...
- California Code of Civil Procedure Section 2024.060
Parties to an action may, with the consent of any party affected by it, enter into an agreement to extend the time for the completion...
- California Code of Civil Procedure Section 2025.010
Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010) and Chapter 3 (commencing with Section 2017.710), and subject...
- California Code of Civil Procedure Section 2025.210
Subject to Sections 2025.270 and 2025.610, an oral deposition may be taken as follows: (a) The defendant may serve a deposition notice without leave of...
- California Code of Civil Procedure Section 2025.220
(a) A party desiring to take the oral deposition of any person shall give notice in writing. The deposition notice shall state all of the...
- California Code of Civil Procedure Section 2025.230
If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In...
- California Code of Civil Procedure Section 2025.240
(a) The party who prepares a notice of deposition shall give the notice to every other party who has appeared in the action. The deposition...
- California Code of Civil Procedure Section 2025.250
(a) Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be...
- California Code of Civil Procedure Section 2025.260
(a) A party desiring to take the deposition of a natural person who is a party to the action or an officer, director, managing agent,...
- California Code of Civil Procedure Section 2025.270
(a) An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice. (b) Notwithstanding subdivision (a), in...
- California Code of Civil Procedure Section 2025.280
(a) The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an...
- California Code of Civil Procedure Section 2025.290
(a) Except as provided in subdivision (b), or by any court order, including a case management order, a deposition examination of the witness by all...
- California Code of Civil Procedure Section 2025.310
(a) A person may take, and any person other than the deponent may attend, a deposition by telephone or other remote electronic means. (b) The...
- California Code of Civil Procedure Section 2025.320
Except as provided in Section 2020.420, the deposition shall be conducted under the supervision of an officer who is authorized to administer an oath and...
- California Code of Civil Procedure Section 2025.330
(a) The deposition officer shall put the deponent under oath or affirmation. (b) Unless the parties agree or the court orders otherwise, the testimony, as...
- California Code of Civil Procedure Section 2025.340
If a deposition is being recorded by means of audio or video technology by, or at the direction of, any party, the following procedure shall...
- California Code of Civil Procedure Section 2025.410
(a) Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless...
- California Code of Civil Procedure Section 2025.420
(a) Before, during, or after a deposition, any party, any deponent, or any other affected natural person or organization may promptly move for a protective...
- California Code of Civil Procedure Section 2025.430
If the party giving notice of a deposition fails to attend or proceed with it, the court shall impose a monetary sanction under Chapter 7...
- California Code of Civil Procedure Section 2025.440
(a) If a deponent does not appear for a deposition because the party giving notice of the deposition failed to serve a required deposition subpoena,...
- California Code of Civil Procedure Section 2025.450
(a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or...
- California Code of Civil Procedure Section 2025.460
(a) The protection of information from discovery on the ground that it is privileged or that it is a protected work product under Chapter 4...
- California Code of Civil Procedure Section 2025.470
The deposition officer may not suspend the taking of testimony without the stipulation of all parties present unless any party attending the deposition, including the...
- California Code of Civil Procedure Section 2025.480
(a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that...
- California Code of Civil Procedure Section 2025.510
(a) Unless the parties agree otherwise, the testimony at any deposition recorded by stenographic means shall be transcribed. (b) The party noticing the deposition shall...
- California Code of Civil Procedure Section 2025.520
(a) If the deposition testimony is stenographically recorded, the deposition officer shall send written notice to the deponent and to all parties attending the deposition...
- California Code of Civil Procedure Section 2025.530
(a) If there is no stenographic transcription of the deposition, the deposition officer shall send written notice to the deponent and to all parties attending...
- California Code of Civil Procedure Section 2025.540
(a) The deposition officer shall certify on the transcript of the deposition, or in a writing accompanying an audio or video record of deposition testimony,...
- California Code of Civil Procedure Section 2025.550
(a) The certified transcript of a deposition shall not be filed with the court. Instead, the deposition officer shall securely seal that transcript in an...
- California Code of Civil Procedure Section 2025.560
(a) An audio or video recording of deposition testimony made by, or at the direction of, any party, including a certified recording made by an...
- California Code of Civil Procedure Section 2025.570
(a) Notwithstanding subdivision (b) of Section 2025.320, unless the court issues an order to the contrary, a copy of the transcript of the deposition testimony...
- California Code of Civil Procedure Section 2025.610
(a) Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave,...
- California Code of Civil Procedure Section 2025.620
At the trial or any other hearing in the action, any part or all of a deposition may be used against any party who was...
- California Code of Civil Procedure Section 2026.010
(a) Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in another state of the United States, or in...
- California Code of Civil Procedure Section 2027.010
(a) Any party may obtain discovery by taking an oral deposition, as described in Section 2025.010, in a foreign nation. Except as modified in this...
- California Code of Civil Procedure Section 2028.010
Any party may obtain discovery by taking a deposition by written questions instead of by oral examination. Except as modified in this chapter, the procedures...
- California Code of Civil Procedure Section 2028.020
The notice of a written deposition shall comply with Sections 2025.220 and 2025.230, and with subdivision (c) of Section 2020.240, except as follows: (a) The...
- California Code of Civil Procedure Section 2028.030
(a) The questions to be propounded to the deponent by direct examination shall accompany the notice of a written deposition. (b) Within 30 days after...
- California Code of Civil Procedure Section 2028.040
(a) A party who objects to the form of any question shall serve a specific objection to that question on all parties entitled to notice...
- California Code of Civil Procedure Section 2028.050
(a) A party who objects to any question on the ground that it calls for information that is privileged or is protected work product under...
- California Code of Civil Procedure Section 2028.060
(a) The party taking a written deposition may forward to the deponent a copy of the questions on direct examination for study prior to the...
- California Code of Civil Procedure Section 2028.070
In addition to any appropriate order listed in Section 2025.420, the court may order any of the following: (a) That the deponent's testimony be taken...
- California Code of Civil Procedure Section 2028.080
The party taking a written deposition shall deliver to the officer designated in the deposition notice a copy of that notice and of all questions...
- California Code of Civil Procedure Section 2029.100
This article may be cited as the Interstate and International Depositions and Discovery Act.
- California Code of Civil Procedure Section 2029.200
In this article: (a) "Foreign jurisdiction" means either of the following: (1) A state other than this state. (2) A foreign nation. (b) "Foreign subpoena"...
- California Code of Civil Procedure Section 2029.300
(a) To request issuance of a subpoena under this section, a party shall submit the original or a true and correct copy of a foreign...
- California Code of Civil Procedure Section 2029.350
(a) Notwithstanding Sections 1986 and 2029.300, if a party to a proceeding pending in a foreign jurisdiction retains an attorney licensed to practice in this...
- California Code of Civil Procedure Section 2029.390
On or before January 1, 2010, the Judicial Council shall do all of the following: (a) Prepare an application form to be used for purposes...
- California Code of Civil Procedure Section 2029.400
A subpoena issued under this article shall be personally served in compliance with the law of this state, including, without limitation, Section 1985.
- California Code of Civil Procedure Section 2029.500
Titles 3 (commencing with Section 1985) and 4 (commencing with Section 2016.010) of Part 4, and any other law or court rule of this state...
- California Code of Civil Procedure Section 2029.600
(a) If a dispute arises relating to discovery under this article, any request for a protective order or to enforce, quash, or modify a subpoena,...
- California Code of Civil Procedure Section 2029.610
(a) On filing a petition under Section 2029.600, a petitioner who is a party to the out-of-state proceeding shall pay a first appearance fee as...
- California Code of Civil Procedure Section 2029.620
(a) If a petition has been filed under Section 2029.600 and another dispute later arises relating to discovery being conducted in the same county for...
- California Code of Civil Procedure Section 2029.630
A petition under Section 2029.600 or Section 2029.620 is subject to the requirements of Section 1005 relating to notice and to filing and service of
- California Code of Civil Procedure Section 2029.640
If a party to a proceeding pending in a foreign jurisdiction seeks discovery from a witness in this state by properly issued notice or by...
- California Code of Civil Procedure Section 2029.650
(a) If a superior court issues an order granting, denying, or otherwise resolving a petition under Section 2029.600 or 2029.620, a person aggrieved by the...
- California Code of Civil Procedure Section 2029.700
(a) Sections 2029.100, 2029.200, 2029.300, 2029.400, 2029.500, 2029.600, 2029.800, 2029.900, and this section, collectively, constitute and may be referred to as the "California version of...
- California Code of Civil Procedure Section 2029.800
This article applies to requests for discovery in cases pending on or after the operative date of this section.
- California Code of Civil Procedure Section 2029.900
Section 2029.390 is operative on January 1, 2009. The remainder of this article is operative on January 1, 2010.
- California Code of Civil Procedure Section 2030.010
(a) Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Section 2017.010) and 3 (commencing with Section 2017.710), and subject...
- California Code of Civil Procedure Section 2030.020
(a) A defendant may propound interrogatories to a party to the action without leave of court at any time. (b) A plaintiff may propound interrogatories...
- California Code of Civil Procedure Section 2030.030
(a) A party may propound to another party either or both of the following: (1) Thirty-five specially prepared interrogatories that are relevant to the subject...
- California Code of Civil Procedure Section 2030.040
(a) Subject to the right of the responding party to seek a protective order under Section 2030.090, any party who attaches a supporting declaration as...
- California Code of Civil Procedure Section 2030.050
Any party who is propounding or has propounded more than 35 specially prepared interrogatories to any other party shall attach to each set of those...
- California Code of Civil Procedure Section 2030.060
(a) A party propounding interrogatories shall number each set of interrogatories consecutively. (b) In the first paragraph immediately below the title of the case, there...
- California Code of Civil Procedure Section 2030.070
(a) In addition to the number of interrogatories permitted by Sections 2030.030 and 2030.040, a party may propound a supplemental interrogatory to elicit any later...
- California Code of Civil Procedure Section 2030.080
(a) The party propounding interrogatories shall serve a copy of them on the party to whom the interrogatories are directed. (b) The propounding party shall...
- California Code of Civil Procedure Section 2030.090
(a) When interrogatories have been propounded, the responding party, and any other party or affected natural person or organization may promptly move for a protective...
- California Code of Civil Procedure Section 2030.210
(a) The party to whom interrogatories have been propounded shall respond in writing under oath separately to each interrogatory by any of the following: (1)...
- California Code of Civil Procedure Section 2030.220
(a) Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits. (b)...
- California Code of Civil Procedure Section 2030.230
If the answer to an interrogatory would necessitate the preparation or the making of a compilation, abstract, audit, or summary of or from the documents...
- California Code of Civil Procedure Section 2030.240
(a) If only a part of an interrogatory is objectionable, the remainder of the interrogatory shall be answered. (b) If an objection is made to...
- California Code of Civil Procedure Section 2030.250
(a) The party to whom the interrogatories are directed shall sign the response under oath unless the response contains only objections. (b) If that party...
- California Code of Civil Procedure Section 2030.260
(a) Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response to them...
- California Code of Civil Procedure Section 2030.270
(a) The party propounding interrogatories and the responding party may agree to extend the time for service of a response to a set of interrogatories,...
- California Code of Civil Procedure Section 2030.280
(a) The interrogatories and the response thereto shall not be filed with the court. (b) The propounding party shall retain both the original of the...
- California Code of Civil Procedure Section 2030.290
If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (a) The party to whom the interrogatories...
- California Code of Civil Procedure Section 2030.300
(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems...
- California Code of Civil Procedure Section 2030.310
(a) Without leave of court, a party may serve an amended answer to any interrogatory that contains information subsequently discovered, inadvertently omitted, or mistakenly stated...
- California Code of Civil Procedure Section 2030.410
At the trial or any other hearing in the action, so far as admissible under the rules of evidence, the propounding party or any party...
- California Code of Civil Procedure Section 2031.010
(a) Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Section 2017.010) and 3 (commencing with Section 2017.710), and subject...
- California Code of Civil Procedure Section 2031.020
(a) A defendant may make a demand for inspection, copying, testing, or sampling without leave of court at any time. (b) A plaintiff may make...
- California Code of Civil Procedure Section 2031.030
(a) (1) A party demanding inspection, copying, testing, or sampling shall number each set of demands consecutively. (2) A party demanding inspection, copying, testing, or...
- California Code of Civil Procedure Section 2031.040
The party making a demand for inspection, copying, testing, or sampling shall serve a copy of the demand on the party to whom it is...
- California Code of Civil Procedure Section 2031.050
(a) In addition to the demands for inspection, copying, testing, or sampling permitted by this chapter, a party may propound a supplemental demand to inspect,...
- California Code of Civil Procedure Section 2031.060
(a) When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the...
- California Code of Civil Procedure Section 2031.210
(a) The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of...
- California Code of Civil Procedure Section 2031.220
A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall...
- California Code of Civil Procedure Section 2031.230
A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable...
- California Code of Civil Procedure Section 2031.240
(a) If only part of an item or category of item in a demand for inspection, copying, testing, or sampling is objectionable, the response shall...
- California Code of Civil Procedure Section 2031.250
(a) The party to whom the demand for inspection, copying, testing, or sampling is directed shall sign the response under oath unless the response contains...
- California Code of Civil Procedure Section 2031.260
(a) Within 30 days after service of a demand for inspection, copying, testing, or sampling, the party to whom the demand is directed shall serve...
- California Code of Civil Procedure Section 2031.270
(a) The party demanding inspection, copying, testing, or sampling and the responding party may agree to extend the date for the inspection, copying, testing, or...
- California Code of Civil Procedure Section 2031.280
(a) Any documents produced in response to a demand for inspection, copying, testing, or sampling shall either be produced as they are kept in the...
- California Code of Civil Procedure Section 2031.285
(a) If electronically stored information produced in discovery is subject to a claim of privilege or of protection as attorney work product, the party making...
- California Code of Civil Procedure Section 2031.290
(a) The demand for inspection, copying, testing, or sampling, and the response to it, shall not be filed with the court. (b) The party demanding...
- California Code of Civil Procedure Section 2031.300
If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following...
- California Code of Civil Procedure Section 2031.310
(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further...
- California Code of Civil Procedure Section 2031.320
(a) If a party filing a response to a demand for inspection, copying, testing, or sampling under Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280 thereafter...
- California Code of Civil Procedure Section 2031.510
(a) In any action, regardless of who is the moving party, where the boundary of land patented or otherwise granted by the state is in...
- California Code of Civil Procedure Section 2032.010
(a) Nothing in this chapter affects tests under the Uniform Act on Blood Tests to Determine Paternity (Chapter 2 (commencing with Section 7550) of Part...
- California Code of Civil Procedure Section 2032.020
(a) Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a physical or...
- California Code of Civil Procedure Section 2032.210
As used in this article, "plaintiff" includes a cross-complainant, and "defendant" includes a cross-defendant.
- California Code of Civil Procedure Section 2032.220
(a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if...
- California Code of Civil Procedure Section 2032.230
(a) The plaintiff to whom a demand for a physical examination under this article is directed shall respond to the demand by a written statement...
- California Code of Civil Procedure Section 2032.240
(a) If a plaintiff to whom a demand for a physical examination under this article is directed fails to serve a timely response to it,...
- California Code of Civil Procedure Section 2032.250
(a) If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems that any...
- California Code of Civil Procedure Section 2032.260
(a) The demand for a physical examination under this article and the response to it shall not be filed with the court. (b) The defendant...
- California Code of Civil Procedure Section 2032.310
(a) If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with Section 2032.210), or by...
- California Code of Civil Procedure Section 2032.320
(a) The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. (b) If a party...
- California Code of Civil Procedure Section 2032.410
If a party is required to submit to a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section...
- California Code of Civil Procedure Section 2032.420
If a party is required to produce another for a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with...
- California Code of Civil Procedure Section 2032.510
(a) The attorney for the examinee or for a party producing the examinee, or that attorney's representative, shall be permitted to attend and observe any...
- California Code of Civil Procedure Section 2032.520
If an examinee submits or authorizes access to X-rays of any area of his or her body for inspection by the examining physician, no additional...
- California Code of Civil Procedure Section 2032.530
(a) The examiner and examinee shall have the right to record a mental examination by audio technology. (b) Nothing in this title shall be construed...
- California Code of Civil Procedure Section 2032.610
(a) If a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with...
- California Code of Civil Procedure Section 2032.620
(a) If the party at whose instance an examination was made fails to make a timely delivery of the reports demanded under Section 2032.610, the...
- California Code of Civil Procedure Section 2032.630
By demanding and obtaining a report of a physical or mental examination under Section 2032.610 or 2032.620, or by taking the deposition of the examiner,...
- California Code of Civil Procedure Section 2032.640
A party receiving a demand for a report under Section 2032.610 is entitled at the time of compliance to receive in exchange a copy of...
- California Code of Civil Procedure Section 2032.650
(a) If a party who has demanded and received delivery of medical reports under Section 2032.610 fails to deliver existing or later reports of previous...
- California Code of Civil Procedure Section 2033.010
Any party may obtain discovery within the scope delimited by Chapters 2 (commencing with Section 2017.010) and 3 (commencing with Section 2017.710), and subject to...
- California Code of Civil Procedure Section 2033.020
(a) A defendant may make requests for admission by a party without leave of court at any time. (b) A plaintiff may make requests for...
- California Code of Civil Procedure Section 2033.030
(a) No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the...
- California Code of Civil Procedure Section 2033.040
(a) Subject to the right of the responding party to seek a protective order under Section 2033.080, any party who attaches a supporting declaration as...
- California Code of Civil Procedure Section 2033.050
Any party who is requesting or who has already requested more than 35 admissions not relating to the genuineness of documents by any other party...
- California Code of Civil Procedure Section 2033.060
(a) A party requesting admissions shall number each set of requests consecutively. (b) In the first paragraph immediately below the title of the case, there...
- California Code of Civil Procedure Section 2033.070
The party requesting admissions shall serve a copy of them on the party to whom they are directed and on all other parties who have...
- California Code of Civil Procedure Section 2033.080
(a) When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a...
- California Code of Civil Procedure Section 2033.210
(a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request. (b) Each response shall...
- California Code of Civil Procedure Section 2033.220
(a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party...
- California Code of Civil Procedure Section 2033.230
(a) If only a part of a request for admission is objectionable, the remainder of the request shall be answered. (b) If an objection is...
- California Code of Civil Procedure Section 2033.240
(a) The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections. (b) If...
- California Code of Civil Procedure Section 2033.250
(a) Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response...
- California Code of Civil Procedure Section 2033.260
(a) The party requesting admissions and the responding party may agree to extend the time for service of a response to a set of admission...
- California Code of Civil Procedure Section 2033.270
(a) The requests for admission and the response to them shall not be filed with the court. (b) The party requesting admissions shall retain both...
- California Code of Civil Procedure Section 2033.280
If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom...
- California Code of Civil Procedure Section 2033.290
(a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that...
- California Code of Civil Procedure Section 2033.300
(a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice...
- California Code of Civil Procedure Section 2033.410
(a) Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action, unless...
- California Code of Civil Procedure Section 2033.420
(a) If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this...
- California Code of Civil Procedure Section 2033.710
The Judicial Council shall develop and approve official form interrogatories and requests for admission of the genuineness of any relevant documents or of the truth...
- California Code of Civil Procedure Section 2033.720
(a) The Judicial Council shall develop and approve official form interrogatories for use by a victim who has not received complete payment of a restitution...
- California Code of Civil Procedure Section 2033.730
(a) In developing the form interrogatories and requests for admission required by Sections 2033.710 and 2033.720, the Judicial Council shall consult with a representative advisory...
- California Code of Civil Procedure Section 2033.740
(a) Use of the form interrogatories and requests for admission approved by the Judicial Council shall be optional. (b) The form interrogatories and requests for...
- California Code of Civil Procedure Section 2034.010
This chapter does not apply to exchanges of lists of experts and valuation data in eminent domain proceedings under Chapter 7 (commencing with Section 1258.010)...
- California Code of Civil Procedure Section 2034.210
After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning...
- California Code of Civil Procedure Section 2034.220
Any party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. A party shall make this demand...
- California Code of Civil Procedure Section 2034.230
(a) A demand for an exchange of information concerning expert trial witnesses shall be in writing and shall identify, below the title of the case,...
- California Code of Civil Procedure Section 2034.240
The party demanding an exchange of information concerning expert trial witnesses shall serve the demand on all parties who have appeared in the action.
- California Code of Civil Procedure Section 2034.250
(a) A party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This...
- California Code of Civil Procedure Section 2034.260
(a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified...
- California Code of Civil Procedure Section 2034.270
If a demand for an exchange of information concerning expert trial witnesses includes a demand for production of reports and writings as described in subdivision...
- California Code of Civil Procedure Section 2034.280
(a) Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list...
- California Code of Civil Procedure Section 2034.290
(a) A demand for an exchange of information concerning expert trial witnesses, and any expert witness lists and declarations exchanged shall not be filed with...
- California Code of Civil Procedure Section 2034.300
Except as provided in Section 2034.310 and in Articles 4 (commencing with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party...
- California Code of Civil Procedure Section 2034.310
A party may call as a witness at trial an expert not previously designated by that party if either of the following conditions is satisfied:...
- California Code of Civil Procedure Section 2034.410
On receipt of an expert witness list from a party, any other party may take the deposition of any person on the list. The procedures...
- California Code of Civil Procedure Section 2034.420
The deposition of any expert described in subdivision (b) of Section 2034.210 shall be taken at a place that is within 75 miles of the...
- California Code of Civil Procedure Section 2034.430
(a) Except as provided in subdivision (f), this section applies to an expert witness, other than a party or an employee of a party, who...
- California Code of Civil Procedure Section 2034.440
The party designating an expert is responsible for any fee charged by the expert for preparing for a deposition and for traveling to the place...
- California Code of Civil Procedure Section 2034.450
(a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert's...
- California Code of Civil Procedure Section 2034.460
(a) The service of a proper deposition notice accompanied by the tender of the expert witness fee described in Section 2034.430 is effective to require...
- California Code of Civil Procedure Section 2034.470
(a) If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that...
- California Code of Civil Procedure Section 2034.610
(a) On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either...
- California Code of Civil Procedure Section 2034.620
The court shall grant leave to augment or amend an expert witness list or declaration only if all of the following conditions are satisfied: (a)...
- California Code of Civil Procedure Section 2034.630
The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes...
- California Code of Civil Procedure Section 2034.710
(a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the...
- California Code of Civil Procedure Section 2034.720
The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) The court has taken...
- California Code of Civil Procedure Section 2034.730
The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes...
- California Code of Civil Procedure Section 2035.010
(a) One who expects to be a party or expects a successor in interest to be a party to any action that may be cognizable...
- California Code of Civil Procedure Section 2035.020
The methods available for discovery conducted for the purposes set forth in Section 2035.010 are all of the following: (a) Oral and written depositions. (b)...
- California Code of Civil Procedure Section 2035.030
(a) One who desires to perpetuate testimony or preserve evidence for the purposes set forth in Section 2035.010 shall file a verified petition in the...
- California Code of Civil Procedure Section 2035.040
(a) The petitioner shall cause service of a notice of the petition under Section 2035.030 to be made on each natural person or organization named...
- California Code of Civil Procedure Section 2035.050
(a) If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice, it...
- California Code of Civil Procedure Section 2035.060
If a deposition to perpetuate testimony has been taken either under the provisions of this chapter, or under comparable provisions of the laws of the...
- California Code of Civil Procedure Section 2036.010
If an appeal has been taken from a judgment entered by any court of the State of California, or if the time for taking an...
- California Code of Civil Procedure Section 2036.020
The methods available for discovery for the purpose set forth in Section 2036.010 are all of the following: (a) Oral and written depositions. (b) Inspections...
- California Code of Civil Procedure Section 2036.030
(a) A party who desires to obtain discovery pending appeal shall obtain leave of the court that entered the judgment. This motion shall be made...
- California Code of Civil Procedure Section 2036.040
(a) If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice in...
- California Code of Civil Procedure Section 2036.050
If a deposition to perpetuate testimony has been taken under the provisions of this chapter, it may be used in any later proceeding in accordance...
- California Code of Civil Procedure Section 2064
A witness, served with a subpoena, must attend at the time appointed, with any papers under his control lawfully required by the subpoena, and answer...
- California Code of Civil Procedure Section 2065
Any witness who is subpoenaed in any civil or administrative action or proceeding shall be given written notice on the subpoena that the witness may...
- California Code of Civil Procedure Section 2074
An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted,...
- California Code of Civil Procedure Section 2075
Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is...
- California Code of Civil Procedure Section 2076
The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument, or property, or...
- California Code of Civil Procedure Section 2077
Section Two Thousand and Seventy-seven. The following are the rules for construing the descriptive part of a conveyance of real property, when the construction is...
- California Code of Civil Procedure Section 2093
(a) Every court, every judge, or clerk of any court, every justice, and every notary public, and every officer or person authorized to take testimony...
- California Code of Civil Procedure Section 2094
(a) An oath, affirmation, or declaration in an action or a proceeding, may be administered by obtaining an affirmative response to one of the following...
- California Code of Civil Procedure Section 2100
This title applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted...
- California Code of Civil Procedure Section 2101
(a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this title. (b)...
- California Code of Civil Procedure Section 2102
Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his or...
- California Code of Civil Procedure Section 2103
(a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in...
- California Code of Civil Procedure Section 2104
The fee charged for recording and indexing each notice of lien or certificate or notice affecting the lien filed with the county recorder shall be...
- California Code of Civil Procedure Section 2105
Filing officers with whom notices of federal tax liens, certificates and notices affecting such liens have been filed on or before January 1, 1968, shall,...
- California Code of Civil Procedure Section 2106
This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title...
- California Code of Civil Procedure Section 2106.5
This title shall be applied and construed to permit the transmission, filing, recording, and indexing of notices of federal tax liens and all certificates that...
- California Code of Civil Procedure Section 2107
This title may be cited as the Uniform Federal Lien Registration Act.
Last modified: February 22, 2013
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