California Code of Civil Procedure
(Last Updated August 2008)

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All persons who at the time this Code takes effect hold office under any of the Acts repealed, continue to hold the same according to the tenure...
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 Codes, such office...
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...
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 135.
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 mailing...
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 the last day is a...
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 is a holiday, then...
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 of that office...
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 a particular day,
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 hereby required to be...
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 to be...
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 impression of such...
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, unless
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 the feminine...
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 all cases...
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,...
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...
California Code Of Civil Procedure Section 21
These remedies are divided into two classes: 1. Actions; and, 2. Special proceedings.
California Code Of Civil Procedure Section 22
An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a...
California Code Of Civil Procedure Section 23
Every other remedy is a special proceeding.
California Code Of Civil Procedure Section 24
Actions are of two kinds: 1. Civil; and, 2. Criminal.
California Code Of Civil Procedure Section 25
A civil action arises out of: 1. An obligation; 2. An injury. (26.) Section Twenty-six. An obligation is a legal duty, by which one person...
California Code Of Civil Procedure Section 27
An injury is of two kinds: 1. To the person; and, 2. To property.
California Code Of Civil Procedure Section 28
An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it.
California Code Of Civil Procedure Section 29
Every other injury is an injury to the person.
California Code Of Civil Procedure Section 30
A civil action is prosecuted by one party against another for the declaration, enforcement or protection of a right, or the redress or prevention of...
California Code Of Civil Procedure Section 31
THE PENAL CODE defines and provides for the prosecution of a criminal action.
California Code Of Civil Procedure Section 32
When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.
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...
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 grant if the court makes...
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 seeking...
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 have been...
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 appeal,
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 Court or the...
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 located
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 of...
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 from sitting at...
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 Justice...
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...
California Code Of Civil Procedure Section 86
(a) The following civil cases and proceedings are limited civil cases: (1) Cases at law in which the demand, exclusive of interest, or the value...
California Code Of Civil Procedure Section 86.1
An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2...
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 as otherwise
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 same authority does
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...
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...
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...
California Code Of Civil Procedure Section 93
(a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires...
California Code Of Civil Procedure Section 93
(a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires...
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...
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: ________________________________________________,
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 serve a...
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...
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...
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...
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
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...
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...
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...
California Code Of Civil Procedure Section 116.222
If the action is to enforce the payment of a debt, the statement of calculation of liability shall separately state the original debt, each payment...
California Code Of Civil Procedure Section 116.222
If the action is to enforce the payment of a debt, the statement of calculation of liability shall separately state the original debt, each payment...
California Code Of Civil Procedure Section 116.225
An agreement entered into or renewed on or after January 1, 2003, establishing a forum outside of California for an action arising from an offer or...
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 party filing
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 of the claim...
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 who is a member of the...
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. ...
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...
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...
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 court in person, by...
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 the time set for
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 a copy of the claim...
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 Sections...
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 rule
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...
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 action. (b) A...
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 filing or...
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...
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) If the...
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) does...
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...
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 a small...
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...
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
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,
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 letter or on a
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...
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 at their last known
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 not appear at
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 clerk of the small...
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 or erroneous legal basis...
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 clerk of the small...
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 claims court,...
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 claims court. (b) A...
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 shall not be...
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 action in
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 the other
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 within one year...
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...
California Code Of Civil Procedure Section 116.820
(a) The judgment of a small claims court may be enforced as provided in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and...
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 to the judgment...
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 116.850,
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, which shall be...
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...
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 rules and
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...
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...
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...
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 enforce...
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...
California Code Of Civil Procedure Section 128.6
(a) Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney' s fees, incurred by...
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,...
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 be deemed appointed for...
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 been adjourned, within one hour...
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 to the...
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 are usually granted
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 an ex...
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 a belief...
California Code Of Civil Procedure Section 167
Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof.
California Code Of Civil Procedure Section 170
A judge has a duty to decide any proceeding in which he or she is not disqualified.
California Code Of Civil Procedure Section 170.1
(a) A judge shall be disqualified if any one or more of the following is true: (1) (A) The judge has personal knowledge of disputed evidentiary...
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 group...
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 her recusal...
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...
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...
California Code Of Civil Procedure Section 170.6
(a) (1) No judge, court commissioner, or referee of any superior court of the State of California shall try any civil or criminal action or special...
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 as a...
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 Council of
California Code Of Civil Procedure Section 170.9
(a) No judge shall accept gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250). This...
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...
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...
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 any part of the state
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 all or any
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,...
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 to
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...
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 the...
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)...
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 judges 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 may be summoned
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...
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 lists to...
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, summoned, and
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
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...
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...
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,
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 to discuss...
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...
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...
California Code Of Civil Procedure Section 209
Any prospective trial juror who has been summoned for service, and who fails to attend the court as directed or to respond to the court or jury...
California Code Of Civil Procedure Section 209
Any prospective trial juror who has been summoned for service, and who fails to attend the court as directed or to respond to the court or jury...
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...
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...
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...
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...
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...
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 cases, is...
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 when...
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...
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...
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...
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 less than 12,...
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 jurors for...
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...
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
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 classes and types: (a)...
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 taken orally or...
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 in each...
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 the...
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 the...
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 of the...
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 merely...
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...
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 found to be unable...
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 to be a protracted
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...
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, and by what
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 request...
California Code Of Civil Procedure Section 259
Subject to the supervision of the court, every court commissioner shall have power to do all of the following: (a) Hear and determine ex parte...
California Code Of Civil Procedure Section 262
No direction or authority by a party or his attorney to a sheriff, in respect to the execution of process or return thereof, or to any act or...
California Code Of Civil Procedure Section 262.1
A sheriff or other ministerial officer is justified in the execution of, and shall execute, all process and orders regular on their face and issued...
California Code Of Civil Procedure Section 262.2
Except as otherwise provided, the officer executing process shall, so long as he retains the original process, show it to any person interested...
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 expiration of...
California Code Of Civil Procedure Section 262.4
When the sheriff sells real estate, under and by virtue of an execution or order of court, he or his successors in office shall execute and deliver...
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 to a person in charge of...
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 sheriff to...
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 the age of 18...
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 thereof, and...
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 process.
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, to...
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...
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...
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...
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...
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 unlimited civil case, pending
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 filed with...
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 of the...
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 or...
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...
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...
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 or professional...
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 as attorney, must, before...
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 private...
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 and plainly the question
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,...
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 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 reason of the right or...
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 the same...
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 same, can be effectual,...
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 entry,...
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 founded...
California Code Of Civil Procedure Section 325
For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is
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 of a person in...
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 any entry or...
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 any entry or...
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...
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...
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 of...
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 of
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...
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
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
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,...
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 furnishes the...
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 after the breach
California Code Of Civil Procedure Section 337.5
Within 10 years: 1. An action upon any bonds or coupons issued by the State of California. 2. An action upon any general obligation bonds or...
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 section,
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...
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...
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 years after the...
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 individual and the...
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 within...
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 the later
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 later of 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...
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 commenced within six years...
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...
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...
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,...
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 action
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
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...
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
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...
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...
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 (commencing with...
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 or county, in...
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 those claiming...
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 such an...
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...
California Code Of Civil Procedure Section 349
Any action to contest an assessment levied by the legislative body of any municipality under the terms of the 'Local Improvement Act of 1901," must...
California Code Of Civil Procedure Section 349.1
The validity of any acts or proceedings taken under color of law for the formation, organization, incorporation, dissolution, consolidation, change...
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 corporation
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...
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 limited, after his...
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 accrued either...
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 accrued,...
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 to...
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...
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 continuance of such...
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...
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...
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...
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...
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 from
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...
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...
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...
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...
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 title,...
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 is in writing...
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 be maintained...
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 a civil nature.
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'...
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 whether...
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 under another...
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...
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 existing at the...
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 interest. The...
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...
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 by...
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 joined as a party in all...
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 other spouse may defend...
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 by a...
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 be made...
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 not in being,...
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 without...
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 continued by...
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 or...
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...
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...
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, but survives...
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 not abate
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...
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 the...
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...
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...
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...
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...
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 the following persons or by...
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 damages...
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) An...
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 respect
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 in the
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 being...
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 being stated in
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 to be...
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 cross...
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 an interest...
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 concerning...
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 the action...
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 action but...
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,...
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 notice and...
California Code Of Civil Procedure Section 391.2
At the hearing upon such motion the court shall consider such evidence, written or oral, by witnesses or affidavit, as may be material to the ground...
California Code Of Civil Procedure Section 391.3
If, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable...
California Code Of Civil Procedure Section 391.4
When security that has been ordered furnished is not furnished as ordered, the litigation shall be dismissed as to the defendant for whose benefit it
California Code Of Civil Procedure Section 391.6
When a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days...
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 a prefiling order...
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 the real...
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 part of the...
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 and county, or the...
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, the...
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...
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...
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 liability arises,
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 state...
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 Civil Procedure, or in...
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...
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 proper...
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...
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 must be...
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 the...
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 order may, within...
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...
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...
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...
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 a...
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...
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...
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 70619 of the...
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 party
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...
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 in a...
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...
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
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 to...
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...
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 party may petition the...
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...
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
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 possession...
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 the courts of...
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...
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...
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 is alleged. The...
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 that includes a...
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, by...
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 405.22 are...
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...
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 thereby,...
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 does...
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 a...
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 the time...
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 order...
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 this chapter...
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 by recording in...
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 a...
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 a...
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 heard in a forum...
California Code Of Civil Procedure Section 410.40
Any person may maintain an action or proceeding in a court of this state against a foreign corporation or nonresident person where the action or...
California Code Of Civil Procedure Section 410.42
The following provisions of a contract between the contractor and a subcontractor with principal offices in this state, for the construction of a...
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 served on
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 is...
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 action is...
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 later returned...
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 accept the paper...
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...
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 the court
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
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 doing an act...
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 direct that summons...
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 of a summons in this...
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, 416.20, 416.30,...
California Code Of Civil Procedure Section 415.21
(a) Notwithstanding any other provision of law, any person shall be granted access to a gated community for a reasonable period of time for the...
California Code Of Civil Procedure Section 415.30
(a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or...
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 summons and 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 of the...
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 prescribed by...
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 of...
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 that the...
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 with...
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) To the person...
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 of the...
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 by Section...
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)...
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, president, presiding
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 similar...
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 a...
California Code Of Civil Procedure Section 416.80
When authorized by Section 11 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 to such person...
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 the...
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 of this state, as...
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, unless the...
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 for good cause allow, may serve...
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 a provisional...
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 this...
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 title of
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 of the...
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
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"...
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"...
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...
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...
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,...
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...
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...
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....
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...
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 any...
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...
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,...
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 small...
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...
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 cause...
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 of
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...
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...
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 the...
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 the action, a...
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...
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)...
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 more of the...
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 is...
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...
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 stated...
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...
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 the Evidence Code,...
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 party
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 remanded...
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 leaving it
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
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...
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 in...
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...
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,...
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) Strike out any...
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 is required to take...
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 there is no defense...
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"...
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,...
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
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 the adverse party, within...
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 execution, to
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 cause of...
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 such...
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 application to 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 respond to the...
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 any...
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...
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
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 may order an...
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 amended to be
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 after demurrer and
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 Council, when a
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 service of notice of
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 discretion in...
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 or...
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 proceeding by adding 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, including...
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 default judgment has been...
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 is commenced by...
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...
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,...
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
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...
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
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 possession of a defendant that (a) is held by the defendant for sale or lease or to be furnished...
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...
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
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
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...
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...
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 filed shall not...
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...
California Code Of Civil Procedure Section 482.070
(a) Except as otherwise provided in this title, a writ, notice, order, or other paper required or permitted to be served under this title may be...
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 or both of
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 previously...
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 right
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 costs and...
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 the...
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 which is based...
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 estate for years...
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 amount of...
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 following:
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 and a writ...
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...
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 at a time, to...
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 be secured by
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...
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 failed to comply with...
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 state the
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...
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 rebut...
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 pursuant to...
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 be...
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
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 the defendant,...
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 the...
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 found pursuant
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 the...
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 appears...
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 order and a...
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,
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 the...
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 to attach...
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...
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 by...
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 this...
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...
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 485.010),
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...
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...
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
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...
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...
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...
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...
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)
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 declared
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 487.020...
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 may be located
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,
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, the plaintiff ...
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 plaintiff
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 upon the...
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 the defendant:
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...
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...
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...
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...
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 attachment are required by...
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 with a...
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...
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 (commencing
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 a notice of
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 a...
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 receivable...
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...
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...
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...
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 negotiable document
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 or...
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...
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 vessel and...
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 Section 488.465, to attach a deposit account, the levying officer shall personally serve a copy of the writ of attachment and a notice
California Code Of Civil Procedure Section 488.460
(a) Subject to Section 488.465, to attach property in a safe-deposit box, the levying officer shall personally serve a copy of the writ of attachment
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
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...
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 an appeal...
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 of the time...
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
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 officer shall request the...
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 action the court...
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 was entered for an...
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...
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
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 to...
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
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
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). ...
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...
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 action is pending for
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 the court in...
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 the defendant,
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 in...
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...
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...
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 the...
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
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...
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
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 writ...
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 in the...
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 orders as...
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...
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...
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 property or...
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 order...
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...
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 extent...
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 or proceeding...
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 and...
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 obtained...
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
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 a...
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 article...
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 defendant may recover...
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...
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 order and a...
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
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 attach order
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 Section...
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: ...
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 lien...
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...
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...
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 power a...
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
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...
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 by filing a
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) A...
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 of...
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 at a time,...
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 plaintiff.
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
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 the levying...
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 produced
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 by
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)...
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 the
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 possession, a copy 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. ...
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...
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...
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...
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 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 the action is brought,
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...
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,...
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...
California Code Of Civil Procedure Section 527.6
(a) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an injunction prohibiting...
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...
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 or 527.8 of the Code of Civil Procedure, or...
California Code Of Civil Procedure Section 527.10
(a) The court shall order that any party enjoined pursuant to Sections 527.6 and 527.8 be prohibited from taking any action to obtain the address or...
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 defendant...
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 will pay...
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...
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...
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 material...
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 any case 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 affinity within the
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 possession of the...
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 defined in
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...
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 manner...
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 the receivership estate
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 or her possession, or under...
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, the...
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
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
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 se, fails
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 allow the...
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 may, when the...
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 power of sale...
California Code Of Civil Procedure Section 580b
No deficiency judgment shall lie in any event after a sale of real property or an estate for years therein for failure of the purchaser to complete...
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 of...
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 for years therein
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...
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...
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...
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 a trial
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...
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, 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
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 special ...
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 shall...
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 the court...
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 in...
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...
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 does...
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. ...
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 following...
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 no further...
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 trial is commenced but
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 written...
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 any of...
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 the...
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 the action is not...
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 of the...
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 a...
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...
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 failed to...
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...
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. They are of two
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 strike...
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 person filing any...
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 the court, for good
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 of another action; or if,...
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,...
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,
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) days, when all...
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 of...
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 evidence...
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 upon the...
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,...
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...
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...
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 the first witness
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; and, if...
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 so,...
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 Court that it...
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...
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 together, in...
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 to be...
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 is...
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 other...
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 purpose...
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 the...
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 the issues,...
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 all cases may instruct them,...
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 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 names of 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' notice, or on motion of
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 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 parties inviolate. ...
California Code Of Civil Procedure Section 631.1
Notwithstanding any other provision of law, the county may pay jury fees in civil cases from general funds of the county available therefor. Nothing...
California Code Of Civil Procedure Section 631.2
(a) Notwithstanding any other provision of law, the county may pay jury fees in civil cases from general funds of the county available therefor. ...
California Code Of Civil Procedure Section 631.3
Notwithstanding any other provision of 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 the party seeking...
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 in
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 evidence in
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 required. The...
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 is unavailable, the...
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 585, upon the...
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 motion of a party
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 in the following...
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 do...
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. ...
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 of the qualifications...
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 party may...
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 and disposed of...
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...
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 the court.
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 not agree on...
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 other judicial
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 aid the trier of fact in its...
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 referee.
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 granted on all or part...
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
The party intending to move for a new trial must file with the clerk and serve upon each adverse party a notice of his intention to move for a new...
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 such...
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 the motion is made on the
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 the inability 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 to the statement of decision,...
California Code Of Civil Procedure Section 662.5
In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in...
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 aggrieved, be set...
California Code Of Civil Procedure Section 663a
The party intending to make the motion mentioned in the last section must file with the clerk and serve upon the adverse party a notice of his...
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 or...
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 prepared, served,...
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 of the...
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 not...
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...
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 Court
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...
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 a...
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, enter a...
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 book," in
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 any issue of fact, and...
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...
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 entered the...
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 be...
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 respect
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...
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 or...
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 for payment. (b) If...
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 be paid is determined
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 United States
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 the claim. ...
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 state...
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...
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 new money
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...
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 among...
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...
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 value...
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...
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
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...
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
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
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...
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...
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 actually received...
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 possession or...
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 ...
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 date 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 commenced...
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 judgment as...
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 may be...
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 where...
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 filing an...
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 the judgment, including...
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 to this...
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 pursuant to...
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...
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 date that 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 Code.
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 a notice, order, or...
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 judgment...
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. (b)
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 personal...
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...
California Code Of Civil Procedure Section 684.110
(a) Subject to subdivisions (b), (c), and (d), if a writ, notice, order, or other paper is required to be personally served under this title, service
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, it shall be sent...
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, the judgment...
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 a particular...
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 the hearing to the...
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 service is made...
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...
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...
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 the...
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 the proceeds...
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...
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 the writ are the...
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,...
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
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 chapter. (2) If...
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 judgment...
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
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,...
California Code Of Civil Procedure Section 687.010
(a) The judgment creditor shall give the levying officer instructions in writing. The instructions shall be signed by the judgment creditor's...
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...
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...
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 be...
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 state, pursuant 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 state, pursuant to
California Code Of Civil Procedure Section 688.030
(a) If pursuant to any provision of the Public Resources Code, Revenue and Taxation Code (excluding Sections 3201 to 3204, inclusive), or...
California Code Of Civil Procedure Section 688.030
(a) If pursuant to any provision of the Public Resources 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 the...
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: (a)...
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 to...
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 3...
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...
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
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...
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...
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...
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 secured...
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 of...
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 the
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
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...
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 the...
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 of a money...
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...
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...
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...
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...
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 to...
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...
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...
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 is...
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...
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 held...
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 recorded to create a...
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 Labor Code...
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. (b)
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 of the...
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 to the...
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"...
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...
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...
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 of a person...
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 Secretary...
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 under a writ...
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 money...
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...
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 notice
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 of State,...
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 the date and...
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 judgment...
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,...
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...
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
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 the lien
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 on personal...
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 two years after...
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...
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...
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 not...
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...
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.
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...
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...
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 not...
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...
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 may pay to the
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 shall...
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 so directs or a 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...
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 value of...
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...
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 execution and it appears at...
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 application of...
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...
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...
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 the affidavit of...
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 levy are required by statute
California Code Of Civil Procedure Section 699.560
(a) Except as provided in subdivisions (b) and (c), the levying officer to whom the writ of execution is delivered shall return the writ to the...
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...
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...
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 judgment...
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 of the...
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 or accounts receivable...
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 a...
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 having...
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 issued a negotiable...
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 of levy on one...
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 or vessel...
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 chattel
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 of
California Code Of Civil Procedure Section 700.140
(a) Subject to Section 700.160, to levy upon a deposit account, the levying officer shall personally serve a copy of the writ of execution and a...
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...
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...
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 an appeal...
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 or...
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 of levy on a third...
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 and the third
California Code Of Civil Procedure Section 701.030
(a) At the time of service of a copy of the writ of execution and a notice of levy on a third person, the levying officer shall request the third...
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...
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 paper, or...
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...
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, the
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...
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 to be...
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 the interest to
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 time of levy, may...
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,...
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 to Section...
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...
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 county where the property or
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 be...
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) The...
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 the
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 that...
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 defined in...
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 effective...
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...
California Code Of Civil Procedure Section 701.660
When the purchaser of an interest in real property pays the amount due, the levying officer conducting the sale shall execute and deliver a deed of...
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 under which...
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 aside for any...
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...
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 ...
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 proceeds are...
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...
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 in the manner...
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 to ...
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,...
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 into...
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 by a...
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...
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 to...
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...
California Code Of Civil Procedure Section 703.130
Pursuant to the authority of paragraph (1) of subsection (b) of Section 522 of Title 11 of the United States Code, the exemptions set forth in...
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 than
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) If...
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 claim shall
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 court a...
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 20 days from the date the notice of motion was filed with the court unless continued by...
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 permit...
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 the levying...
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...
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...
California Code Of Civil Procedure Section 703.130
Pursuant to the authority of paragraph (1) of subsection (b) of Section 522 of Title 11 of the United States Code, the exemptions set forth in...
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 than
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 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...
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...
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 material does not...
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...
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...
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...
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...
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 the...
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...
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 state,
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...
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...
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...
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...
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...
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 a...
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 a...
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 for workers'...
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
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...
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...
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 a plot
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) A house...
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 division...
California Code Of Civil Procedure Section 704.730
(a) The amount of the homestead exemption is one of the following: (1) Fifty thousand dollars ($50,000) unless the judgment debtor or spouse of...
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 a money...
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
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...
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 debtor to...
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 there is
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 the following...
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 homestead exemption plus any...
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 lien or...
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 in the dwelling is a...
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...
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"...
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 a homestead...
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
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...
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)...
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 six months
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...
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
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 to...
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...
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...
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 of a...
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 ...
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.
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 order...
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...
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...
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...
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
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...
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...
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 with an...
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) of...
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...
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 by an...
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
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 total...
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...
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 of...
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...
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 person who is an...
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
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: (1)...
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 in subdivision ...
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...
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...
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
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 in subdivision ...
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...
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,...
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
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...
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...
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...
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...
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)...
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"...
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
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 chapter, the...
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 a money...
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...
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...
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 chapter, the...
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 referee...
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 the...
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 as
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 ...
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
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 money...
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 in the...
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...
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 the...
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 orders as...
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...
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, the...
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) An order...
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 to the judgment...
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 exempt from...
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 cost of...
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...
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 a charging...
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 obtain a...
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 and...
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 to...
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...
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 the judgment debtor...
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 a...
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 this...
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...
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 obligor. For 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 application to the...
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 the assignment...
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,...
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...
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 money...
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 this article,...
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 file...
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 abstract or...
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 in...
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 public work,
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...
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 and unpaid...
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) to the...
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...
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...
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...
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...
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 court upon application
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 and...
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 of...
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 possession or...
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.
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, the...
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 possession or...
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 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 of the...
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...
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 a...
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 addition to the...
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 by...
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 so directs or a court rule...
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...
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, the...
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 address in...
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...
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...
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 (commencing...
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,...
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 and
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...
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 respect
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...
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 (commencing
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 do...
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...
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 after...
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 and...
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: ...
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 the
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 any...
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...
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 has...
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 the...
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 the...
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...
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...
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...
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...
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 ...
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 to...
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 after service...
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...
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 of a...
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...
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 the...
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
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...
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 the...
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 to a...
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...
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 ...
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 interest therein to
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 real property or an...
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...
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 same...
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 sold to pay the...
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 may be
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...
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,...
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...
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 to redeem
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...
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 from the ...
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 the...
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 580d...
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 the same is...
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...
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 for three years...
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 secondary recovery...
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...
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...
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 the land of...
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 a...
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 may...
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 appears that his
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 may, on motion,...
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 the...
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 possession of...
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) During...
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 the purchaser,
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...
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 residence
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 of a...
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 by flood, fire,
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 court and county...
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 to...
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 described in the...
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...
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 the summons...
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 good cause...
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, shall
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 other...
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...
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 party or the...
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...
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 party sought...
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...
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 part of...
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...
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 of such real...
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 the effect that all of the...
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 have...
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 his...
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,...
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, slides,...
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 751.50...
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
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,...
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...
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 30 days,...
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 place and with the effects...
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 voluntary...
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 facts alleged in
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,...
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 recorder 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. ...
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 law...
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...
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 the subject...
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...
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...
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. In...
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...
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 in the complaint and...
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 the...
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 additional...
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 as a...
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 and served, and...
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 necessary to...
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 is declaratory of,...
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 appears to...
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...
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
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,...
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...
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 to...
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...
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 was not a party
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...
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,...
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 of the Public...
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 order...
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 6223
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 Section...
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 employs the...
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,...
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 than or...
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 the date fixed
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
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 the...
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 offered by the petitioner
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...
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 conclusive...
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 and...
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 land. (b)...
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 or...
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 and
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 article, or for such...
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...
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 clouds upon title...
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...
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...
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 county where 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,...
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 on the...
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 shall be...
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 affidavit...
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...
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. Any...
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 decree
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 10.5 (commencing
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 the...
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 of a private
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 the...
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 be entitled, or...
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, he will be entitled,...
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, the damages which
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 try their...
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,...
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 body of any
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...
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. Any...
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 decree
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 10.5 (commencing
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 the...
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 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 assessed...
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 by publication, the...
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 the hearing to be...
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 claim...
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 or claim is situated.
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 for 60...
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...
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,...
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 in...
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...
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 after any...
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 in the
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 within the time and
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,...
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...
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 belief,...
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...
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 land an...
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 a public entity.
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 after any...
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 in the
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 within the time and
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,...
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...
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...
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 or...
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)...
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...
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 an...
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 the...
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 of...
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...
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...
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...
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 amount remaining due...
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...
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 and shall name...
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...
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
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...
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 for...
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...
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...
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 sold. ...
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 a...
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) The three...
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 of...
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 or present...
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 property as
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...
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 sale...
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 in...
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...
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 be so divided as
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 to be...
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
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 share allotted to...
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...
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 appeared in...
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) At the...
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 in this
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 of...
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 beneficial to the parties.
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 appropriate. ...
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 execution. Such...
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 sale, and...
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
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 place as may be specified
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 year thereafter. (b) The...
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.
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 such...
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 not less than 10...
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 percent...
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 private sales of
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 for so
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...
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...
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 the...
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 his estate equitably set...
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 estate of a...
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...
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 the...
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 the...
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
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 the other parties to the
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...
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
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...
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...
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 time of...
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...
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 by the persons who are
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 that remain unpaid
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 other lien on the...
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 sale of all or 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 action and
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 was not a party
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 among...
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 convenant not to sue or not to enforce judgment is given in good faith before verdict or...
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 debt shall be...
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...
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...
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 due...
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 the...
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 a...
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 and...
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 the decedent in
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, may be taken from any of
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 the superior court.
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 a writ 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)...
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,...
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 such damages as may
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 positions...
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 make factual determinations
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 provided by rules...
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 the judgment...
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 transcribed by
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...
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 the...
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, or the...
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 directs the
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 directs the
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 directs the
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 appoints a...
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 directs the
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 the...
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 of supersedeas,
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, inclusive,...
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 order
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 a...
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 the part
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 of an...
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...
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...
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...
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,...
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...
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...
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 the...
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...
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 process in...
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 to Sections
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...
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 the person as...
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...
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...
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 statute of...
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...
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
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 of a
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 required by statute...
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 as if the bond...
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 a bond...
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...
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...
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 sureties are...
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 bond requires that...
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 following information:
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 if one of the...
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 given and filed with...
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 if there...
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 it is given
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 new bond is...
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 with the...
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 the...
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...
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 sole...
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 of
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 is...
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 any of the...
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 approved, the insurer shall...
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...
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 limits the form of
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 or notes...
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, and statutory
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...
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 becomes...
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 be...
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 or the people of the...
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 to
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 the State of...
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 for whose benefit...
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 all persons for whose benefit...
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 objection.
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 based exceeds the value...
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 of the...
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 insufficient because the...
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 otherwise comes to the...
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 other than in an action or...
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 surety be released from liability on
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...
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 to, all
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, and...
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 in all other...
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,...
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 incurred before,...
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 the...
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 given in the same...
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...
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 giving the...
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 statute providing...
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 acts,...
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, any
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 liability on the
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 action. (b) If
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 without the necessity of an
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 of an
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 principal...
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...
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 a...
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 has expired or, if
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. (b) Each surety is...
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 to the state
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) The
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...
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, from
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 certificate and ...
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 prior to...
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...
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 an...
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
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 for all purposes,...
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 time fixed for the motion, or...
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 granted, or granted conditionally,...
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 it will be made, and...
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...
California Code Of Civil Procedure Section 1010.6
(a) A trial court may adopt local rules permitting electronic filing and service of documents, subject to rules adopted pursuant to subdivision (b)...
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 as follows: (a) If upon
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 there is a delivery service by mail,
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 chute, or
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 served and...
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 may be made
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 party into contempt.
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 in a specified...
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 prevailing...
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 which is not governed by
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...
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,...
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 the...
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 implied...
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...
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...
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 failure...
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...
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 parties may agree, in...
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 imposed,...
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 to the...
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,...
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 any...
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 other...
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 as
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...
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,...
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 is...
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 time apply
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...
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"...
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 civil case in...
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)...
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
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...
California Code Of Civil Procedure Section 1038
(a) In any civil proceeding under the California Tort Claims Act or for express or implied indemnity or for contribution in any civil action, the...
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.