California Code of Civil Procedure Preliminary Provisions

  • Section 2.
    This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three.(Enacted 1872.)
  • Section 3.
    No part of it is retroactive, unless expressly so declared.(Enacted 1872.)
  • 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...
  • 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...
  • 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    All persons who at the time this Code takes effect hold office under any of the Acts repealed, continue to hold the same according to...
  • Section 7.
    When any office is abolished by the repeal of any Act, and such Act is not in substance re nacted or continued in either of...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • Section 21.
    These remedies are divided into two classes:1. Actions; and,2. Special proceedings.(Enacted 1872.)
  • 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...
  • Section 23.
    Every other remedy is a special proceeding.(Enacted 1872.)
  • Section 24.
    Actions are of two kinds:1. Civil; and,2. Criminal.(Enacted 1872.)
  • Section 25.
    A civil action arises out of:1. An obligation;2. An injury.(Enacted 1872.)
  • 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...
  • Section 27.
    An injury is of two kinds:1. To the person; and,2. To property.(Enacted 1872.)
  • 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.(Enacted 1872.)
  • Section 29.
    Every other injury is an injury to the person.(Enacted 1872.)
  • 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...
  • Section 31.
    The Penal Code defines and provides for the prosecution of a criminal action.(Enacted 1872.)
  • 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...
  • Section 32.5.
    The jurisdictional classification of a case means its classification as a limited civil case or an unlimited civil case.(Amended by Stats. 2002, Ch. 784, Sec....
  • 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...
  • Section 34.
    An electronic signature, as defined in Section 17, by a court or judicial officer shall be as effective as an original signature.(Added by Stats. 2015,...

Last modified: September 9, 2016