California Military and Veterans Code CHAPTER 7.5 - Protections

  • Section 400.
    For purposes of this chapter, the following definitions apply:(a) “Service member” means both of the following:(1) Officers and enlisted members of the National Guard called or ordered...
  • Section 401.
    (a) Application by a service member for, or receipt by a service member of, a stay, postponement, or suspension pursuant to this chapter in the payment...
  • Section 402.
    (a) In any action or proceeding commenced in any court, if there shall be a default of any appearance by the defendant, the plaintiff, before entering...
  • Section 403.
    (a) At any stage in any action or proceeding in which a service member is involved, either as plaintiff or defendant, during the period of military...
  • Section 404.
    (a) The period of military service shall not be included in computing any period now or hereafter to be limited by any law, regulation, or order...
  • Section 405.
    (a) No obligation or liability bearing interest at a rate in excess of 6 percent per year incurred by a service member before that person’s entry...
  • Section 406.
    (a) No eviction or distress shall be made during the period of military service specified in Section 400, during which a service member is called to...
  • Section 407.
    (a) No person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, a deposit or installment...
  • Section 408.
    (a) This section shall apply only to obligations secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal...
  • Section 409.
    (a) This section shall apply to any lease covering premises occupied for dwelling, professional, business, agricultural, or similar purposes in any case in which the lease...
  • Section 409.1.
    (a) Where any life insurance policy on the life of a service member in military service has been assigned prior to that person’s period of military...
  • Section 409.2.
    (a) This section shall apply when any taxes or assessments, whether general or special, other than taxes on income, whether falling due prior to or during...
  • Section 409.3.
    (a) A service member may, at any time during his or her most current period of military service or within six months thereafter, petition a court...
  • Section 409.4.
    (a) A person who by reason of military service is entitled to the rights and benefits of this chapter shall also be entitled upon release from...
  • Section 409.5.
    Dependents of a service member shall be entitled to the benefits accorded to service members under Sections 405 to 409.4, inclusive, upon application to a...
  • Section 409.6.
    The collection from any service member of any tax on the income of the person, whether falling due prior to or during his or her...
  • Section 409.7.
    Where in any proceeding to enforce a civil right in any court, it is made to appear to the satisfaction of the court that any...
  • Section 409.8.
    (a) In any proceeding under this chapter, a certificate signed by an appropriately authorized officer of the military department, branch, or unit in which a service...
  • Section 409.9.
    Any interlocutory order made by any court under the provisions of this chapter may, upon the court’s own motion or otherwise, be revoked, modified, or...
  • Section 409.10.a.
    The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other...
  • Section 409.11.
    It is the intent of the Legislature that qualification for the benefits and protections conferred upon service members, as defined by Section 400, by this...
  • Section 409.13.
    (a) To the extent permitted by federal law and the California Constitution, any principal and interest on any financial obligation or liability bearing interest and incurred...
  • Section 409.14.
    A service member or other person seeking to enforce rights pursuant to this chapter shall not be required to pay a filing fee or court...

Last modified: October 22, 2018