Code of Civil Procedure — Part 1 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 1 of 17 · provisions 1–200

This provision defines which days count as holidays under the code.

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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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Provisions of Code of Civil Procedure

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  1. 10.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

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    This provision defines which days count as holidays under the code.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 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. (Amended by Stats. 2001, Ch. 542, Sec. 1. Effective January 1, 2002.)
  2. 100.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. )

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    Any party has a right to appeal a judgment or final order, as long as the appeal follows the law governing appeals.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 2. Economic Litigation for Limited Civil Cases [90 - 100] ( Article 2 heading repealed (as part of Chapter 5) and added (to Chapter 5.1) by Stats. 1998, Ch. 931, Sec. 35. ) ## 100. Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals. (Added by Stats. 1982, Ch. 1581, Sec. 1.)
  3. 1001.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.5. Confidential Settlement Agreements [1001 - 1002] ( Chapter 3.5 added by Stats. 2006, Ch. 151, Sec. 1. )

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    This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.5. Confidential Settlement Agreements [1001 - 1002] ( Chapter 3.5 added by Stats. 2006, Ch. 151, Sec. 1. ) ## 1001. (a) Notwithstanding any other law, a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to a claim filed in a civil action or a complaint filed in an administrative action, regarding any of the following, is prohibited: (1) An act of sexual assault that is not governed by subdivision (a) of Section 1002. (2) An act of sexual harassment, as defined in Section 51.9 of the Civil Code. (3) An act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing harassment or discrimination, as described in subdivisions (a), (h), (i), (j), and (k) of Section 12940 of the Government Code. (4) An act of harassment or discrimination, or an act of retaliation against a person for reporting harassment or discrimination by the owner of a housing accommodation, as described in Section 12955 of the Government Code. (b) Notwithstanding any other law, in a civil matter described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subdivision (a). (c) Notwithstanding subdivisions (a) and (b), a provision that shields the identity of the claimant and all facts that could lead to the discovery of the claimant’s identity, including pleadings filed in court, may be included within a settlement agreement at the request of the claimant. This subdivision does not apply if a government agency or public official is a party to the settlement agreement. (d) Except as authorized by subdivision (c), a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to the claim described in subdivision (a) that is entered into on or after January 1, 2019, is void as a matter of law and against public policy. (e) This section does not prohibit the entry or enforcement of a provision in any agreement that precludes the disclosure of the amount paid in settlement of a claim. (f) In determining the factual foundation of a cause of action for civil damages under subdivision (a), a court may consider the pleadings and other papers in the record, or any other findings of the court. (g) The amendments made to paragraphs (3) and (4) of subdivision (a) by Senate Bill 331 of the 2021–22 Regular Session apply only to agreements entered into on or after January 1, 2022. All other amendments made to this section by Senate Bill 331 of the 2021–22 Regular Session shall not be construed as substantive changes, but instead as merely clarifying existing law. (Amended by Stats. 2022, Ch. 28, Sec. 26. (SB 1380) Effective January 1, 2023.)
  4. 1002.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.5. Confidential Settlement Agreements [1001 - 1002] ( Chapter 3.5 added by Stats. 2006, Ch. 151, Sec. 1. )

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    Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.5. Confidential Settlement Agreements [1001 - 1002] ( Chapter 3.5 added by Stats. 2006, Ch. 151, Sec. 1. ) ## 1002. (a) Notwithstanding any other law, a provision within a settlement agreement that prevents the disclosure of factual information related to the action is prohibited in any civil action the factual foundation for which establishes a cause of action for civil damages for any of the following: (1) An act that may be prosecuted as a felony sex offense. (2) An act of childhood sexual assault, as defined in Section 340.1. (3) An act of sexual exploitation of a minor, as defined in Section 11165.1 of the Penal Code, or conduct prohibited with respect to a minor pursuant to Section 311.1, 311.5, or 311.6 of the Penal Code. (4) An act of sexual assault, as defined in paragraphs (1) to (8), inclusive, of subdivision (e) of Section 15610.63 of the Welfare and Institutions Code, against an elder or dependent adult, as defined in Sections 15610.23 and 15610.27 of the Welfare and Institutions Code. (b) Notwithstanding any other law, in a civil action described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subdivision (a). (c) Subdivisions (a) and (b) do not preclude an agreement preventing the disclosure of any medical information or personal identifying information, as defined in subdivision (b) of Section 530.55 of the Penal Code, regarding the victim of the offense listed in subdivision (a) or of any information revealing the nature of the relationship between the victim and the defendant. This subdivision shall not be construed to limit the right of a crime victim to disclose this information. (d) Except as authorized by subdivision (c), a provision within a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is entered into on or after January 1, 2017, is void as a matter of law and against public policy. (e) An attorney’s failure to comply with the requirements of this section by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is not otherwise authorized by subdivision (c) as a condition of settlement, or advising a client to sign an agreement that includes such a provision, may be grounds for professional discipline and the State Bar of California shall investigate and take appropriate action in any such case brought to its attention. (Amended by Stats. 2023, Ch. 131, Sec. 22. (AB 1754) Effective January 1, 2024.)
  5. 1002.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.6. Agreements Settling Employment Disputes [1002.5- 1002.5.] ( Chapter 3.6 added by Stats. 2019, Ch. 808, Sec. 1. )

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    Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.6. Agreements Settling Employment Disputes [1002.5- 1002.5.] ( Chapter 3.6 added by Stats. 2019, Ch. 808, Sec. 1. ) ## 1002.5. (a) An agreement to settle an employment dispute shall not contain a provision prohibiting, preventing, or otherwise restricting a settling party that is an aggrieved person from obtaining future employment with the employer against which the aggrieved person has filed a claim, or any parent company, subsidiary, division, affiliate, or contractor of the employer. A provision in an agreement entered into on or after January 1, 2020, that violates this section is void as a matter of law and against public policy. (b) Nothing in subdivision (a) does any of the following: (1) Preclude the employer and aggrieved person from making an agreement to do either of the following: (A) End a current employment relationship. (B) Prohibit or otherwise restrict the settling aggrieved person from obtaining future employment with the settling employer, if the employer has made and documented a good faith determination, before the aggrieved person filed the claim that the aggrieved person engaged in sexual harassment, sexual assault, or any criminal conduct. (2) Require an employer to continue to employ or rehire a person if there is a legitimate non-discriminatory or non-retaliatory reason for terminating the employment relationship or refusing to rehire the person. (c) For purposes of this section: (1) “Aggrieved person” means a person who, in good faith, has filed a claim against the person’s employer in court, before an administrative agency, in an alternative dispute resolution forum, or through the employer’s internal complaint process. (2) “Sexual assault” means conduct that would constitute a crime under Section 243.3, 261, 262, 264.1, 286, 287, or 289 of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes. (3) “Sexual harassment” has the same meaning as in subdivision (j) of Section 12940 of the Government Code. (Amended by Stats. 2020, Ch. 73, Sec. 1. (AB 2143) Effective January 1, 2021.)
  6. 1002.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.7. Enrollment Agreements [1002.7- 1002.7.] ( Chapter 3.7 added by Stats. 2021, Ch. 146, Sec. 1. )

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    A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 3.7. Enrollment Agreements [1002.7- 1002.7.] ( Chapter 3.7 added by Stats. 2021, Ch. 146, Sec. 1. ) ## 1002.7. (a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of the parent’s minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition of enrollment in an educational institution. (b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an educational institution’s enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minor’s behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor. (c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement. (d) For purposes of this section, the following definitions apply: (1) “Criminal sexual assault” means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute. (2) “Criminal sexual battery” means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code. (3) “Educational institution” means a public or private school maintaining a kindergarten or any of grades 1 through 12. (4) “Enrollment agreement” means a written contract between a student and institution concerning an educational program. (Added by Stats. 2021, Ch. 146, Sec. 1. (AB 272) Effective January 1, 2022.)
  7. 1003.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. )

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    A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. ) ## 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 order is a motion. (Amended by Stats. 1951, Ch. 1737.)
  8. 1004.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. )

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    Motions must be made in the court where the action is pending, except as section 166 provides.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. ) ## 1004. Except as provided in section 166 of this code, motions must be made in the court in which the action is pending. (Amended by Stats. 1933, Ch. 744.)
  9. 1005.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. )

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    This section sets notice and filing deadlines for specified motions and related papers, and gives the court power to shorten the time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. ) ## 1005. (a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions: (1) Notice of Application and Hearing for Writ of Attachment under Section 484.040. (2) Notice of Application and Hearing for Claim and Delivery under Section 512.030. (3) Notice of Hearing for Claim of Exemption under Section 706.105. (4) Motion to Quash Summons pursuant to subdivision (b) of Section 418.10. (5) Motion for Determination of Good Faith Settlement pursuant to Section 877.6. (6) Hearing for Discovery of Peace Officer Personnel Records in a civil action pursuant to Section 1043 of the Evidence Code. (7) Notice of Hearing of Third-Party Claim pursuant to Section 720.320. (8) Motion for an Order to Attend Deposition more than 150 miles from deponent’s residence pursuant to Section 2025.260. (9) Notice of Hearing of Application for Relief pursuant to Section 946.6 of the Government Code. (10) Motion to Set Aside Default or Default Judgment and for Leave to Defend Actions pursuant to Section 473.5. (11) Motion to Expunge Notice of Pendency of Action pursuant to Section 405.30. (12) Motion to Set Aside Default and for Leave to Amend pursuant to Section 585.5. (13) Any other proceeding under this code in which notice is required, and no other time or method is prescribed by law or by court or judge. (b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section. All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing. The court, or a judge thereof, may prescribe a shorter time. (c) Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. This subdivision applies to the service of opposition and reply papers regarding motions for summary judgment or summary adjudication, in addition to the motions listed in subdivision (a). The court, or a judge thereof, may prescribe a shorter time. (Amended by Stats. 2022, Ch. 686, Sec. 1. (AB 1726) Effective January 1, 2023.)
  10. 1005.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. )

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    A motion is treated as made and pending once its notice is properly served and filed, but this does not take away a party’s right to a hearing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. ) ## 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, upon the due service and filing of the notice of motion, but this shall not deprive a party of a hearing of the motion to which he is otherwise entitled. Procedure upon a motion for new trial shall be as otherwise provided. (Added by Stats. 1953, Ch. 909.)
  11. 1006.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. )

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    If a motion or order to show cause is before a judge out of court and the judge cannot hear the parties when scheduled, the matter may be transferred to another judge.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. ) ## 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 on the return day of the order, the judge is unable to hear the parties, the matter may be transferred by his order to some other judge, before whom it might originally have been brought. (Amended by Stats. 1951, Ch. 1737.)
  12. 1008.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. )

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    This section lets a party ask the same judge or court to reconsider an order within 10 days after notice, if there are new or different facts, circumstances, or law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 4. Motions and Orders [1003 - 1008] ( Chapter 4 enacted 1872. ) ## 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, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. (b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. For a failure to comply with this subdivision, any order made on a subsequent application may be revoked or set aside on ex parte motion. (c) If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order. (d) A violation of this section may be punished as a contempt and with sanctions as allowed by Section 128.7. In addition, an order made contrary to this section may be revoked by the judge or commissioner who made it, or vacated by a judge of the court in which the action or proceeding is pending. (e) This section specifies the court’s jurisdiction with regard to applications for reconsideration of its orders and renewals of previous motions, and applies to all applications to reconsider any order of a judge or court, or for the renewal of a previous motion, whether the order deciding the previous matter or motion is interim or final. No application to reconsider any order or for the renewal of a previous motion may be considered by any judge or court unless made according to this section. (f) For the purposes of this section, an alleged new or different law shall not include a later enacted statute without a retroactive application. (g) An order denying a motion for reconsideration made pursuant to subdivision (a) is not separately appealable. However, if the order that was the subject of a motion for reconsideration is appealable, the denial of the motion for reconsideration is reviewable as part of an appeal from that order. (h) This section applies to all applications for interim orders. (Amended by Stats. 2011, Ch. 78, Sec. 1. (AB 1067) Effective January 1, 2012.)
  13. 1010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    Notices must be in writing; a motion notice (except for a new trial) must state when it will be made, its grounds, and any supporting papers, and copies of previously unserved papers must accompany the notice.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 the papers, if any, upon which it is to be based. If any such paper has not previously been served upon the party to be notified and was not filed by him, a copy of such paper must accompany the notice. Notices and other papers may be served upon the party or attorney in the manner prescribed in this chapter, when not otherwise provided by this code. No bill of exceptions, notice of appeal, or other notice or paper, other than amendments to the pleadings, or an amended pleading, need be served upon any party whose default has been duly entered or who has not appeared in the action or proceeding. (Amended by Stats. 1935, Ch. 722.)
  14. 1010.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    The Judicial Council may adopt rules allowing papers to be filed by fax, and those rules may treat faxed documents as originals and allow certain credit card fees and surcharges.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 1010.5. The Judicial Council may adopt rules permitting the filing of papers by facsimile transmission, both directly with the courts and through third parties. Notwithstanding any other provision of law, the rules may provide that the facsimile transmitted document shall constitute an original document, and that notwithstanding Section 6159 of the Government Code or Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, any court authorized to accept a credit card as payment pursuant to this section may add a surcharge to the amount of the transaction to be borne by the litigant to cover charges imposed on credit card transactions regarding fax filings between a litigant and the court. If the Judicial Council adopts rules permitting the filing of papers by facsimile transmission, the consent of the Judicial Council shall not be necessary to permit the use of credit cards to pay fees for the filing of papers by facsimile transmission directly with the court, provided that the court charges a processing fee to the filing party sufficient to cover the cost to the court of processing payment by credit card. (Amended by Stats. 2001, Ch. 824, Sec. 10. Effective January 1, 2002.)
  15. 1010.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    This section allows electronic service and electronic filing in civil actions, but sets conditions, exceptions, and timing rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 1010.6. (a) A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (h). (1) For purposes of this section: (A) “Electronic service” means service of a document, on a person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a person, including a party, by a person’s agent, including the person’s attorney, or through an electronic filing service provider, and by a court. (B) “Electronic transmission” means the transmission of a document by electronic means to the electronic service address at or through which a person receives electronic service. (C) “Electronic notification” means the notification of the person that a document is served by sending an electronic message to the electronic address at or through which the person receives electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded. (D) “Electronic filing” means the electronic transmission to a court of a document presented for filing in electronic form. For purposes of this section, this definition of electronic filing concerns the activity of filing and does not include the processing and review of the document and its entry into the court’s records, which are necessary for a document to be officially filed. (2) If a document is required to be served by certified or registered mail, electronic service of the document is not authorized. (3) (A) If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. (B) Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following: (i) A notice of intention to move for new trial. (ii) A notice of intention to move to vacate judgment under Section 663a. (iii) A notice of appeal. (C) This extension applies in the absence of a specific exception provided by any other statute or rule of court. (4) Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day. (5) Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed. (b) (1) This subdivision applies to mandatory electronic service. The court may order electronic service on a person represented by counsel who has appeared in an action or proceeding. (2) A person represented by counsel, who has appeared in an action or proceeding, shall accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. (3) Before first serving a represented person electronically, the person effecting service shall confirm the appropriate electronic service address for the counsel being served. (4) A person represented by counsel shall, upon the request of any person who has appeared in an action or proceeding and who provides an electronic service address, electronically serve the requesting person with any notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. (c) (1) This subdivision applies to electronic service by consent of an unrepresented person in a civil action. (2) An unrepresented party may consent to receive electronic service. (3) Express consent to electronic service may be given by either of the following: (i) Serving a notice on all parties and filing the notice with the court. (ii) Manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent. (4) A person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. (5) Consent, or the withdrawal of consent, to receive electronic service may only be completed by a person entitled to service. (d) On and after July 1, 2025, in any action in which a party or other person is subject to mandatory electronic service under subdivision (b) or has consented to electronic service under subdivision (c), the court shall electronically serve, to a person subject to mandatory electronic service or who consented to electronic service, any document issued by the court that the court is required to transmit, deliver, or serve. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (3) of subdivision (a). (e) A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted by the Judicial Council pursuant to subdivision (h) and the following conditions: (1) A document that is filed electronically shall have the same legal effect as an original paper document. (2) (A) When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied: (i) The filer is the signer. (ii) The person has signed the document pursuant to the procedure set forth in the California Rules of Court. (B) When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied: (i) The person has signed a printed form of the document before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed. (ii) The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019. (3) Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day. (4) (A) Whichever of a court, an electronic filing service provider, or an electronic filing manager is the first to receive a document submitted for electronic filing shall promptly send a confirmation of receipt of the document indicating the date and time of receipt to the party or person who submitted the document. (B) If a document received by the court under subparagraph (A) complies with filing requirements and all required filing fees have been paid, the court shall promptly send confirmation that the document has been filed to the party or person who submitted the document. (C) If the clerk of the court does not file a document received by the court under subparagraph (A) because the document does not comply with applicable filing requirements or the required filing fee has not been paid, the court shall promptly send notice of the rejection of the document for filing to the party or person who submitted the document. The notice of rejection shall state the reasons that the document was rejected for filing and include the date the clerk of the court sent the notice. (D) If the court utilizes an electronic filing service provider or electronic filing manager to send the notice of rejection described in subparagraph (C), the electronic filing service provider or electronic filing manager shall promptly send the notice of rejection to the party or person who submitted the document. A notice of rejection sent pursuant to this subparagraph shall include the date the electronic filing service provider or electronic filing manager sent the notice. (E) If the clerk of the court does not file a complaint or cross complaint because the complaint or cross complaint does not comply with applicable filing requirements or the required filing fee has not been paid, any statute of limitations applicable to the causes of action alleged in the complaint or cross complaint shall be tolled for the period beginning on the date on which the court received the document and as shown on the confirmation of receipt described in subparagraph (A), through the later of either the date on which the clerk of the court sent the notice of rejection described in subparagraph (C) or the date on which the electronic filing service provider or electronic filing manager sent the notice of rejection as described in subparagraph (D), plus one additional day if the complaint or cross complaint is subsequently submitted in a form that corrects the errors which caused the document to be rejected. The party filing the complaint or cross complaint shall not make any change to the complaint or cross complaint other than those required to correct the errors which caused the document to be rejected. (5) Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and shall electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. (6) The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. The court, an electronic filing service provider, or an electronic filing manager shall waive any fees charged to a party or the party’s attorney if the party has been granted a waiver of court fees pursuant to Section 68631 of the Government Code or if the party is indigent or being represented by the public defender or court-appointed counsel. The electronic filing manager or electronic filing service provider shall not seek payment from the court of any fee waived by the court. This section does not require the court to waive a filing fee that is not otherwise waivable. (7) If a party electronically files a filing that is exempt from the payment of filing fees under any other law, including a filing described in Section 212 of the Welfare and Institutions Code or Section 6103.9, subdivision (b) of Section 70617, or Section 70672 of the Government Code, the party shall not be required to pay any court fees associated with the electronic filing. An electronic filing service provider or an electronic filing manager shall not seek payment of these fees from the court. (8) A fee, if any, charged by the court, an electronic filing service provider, or an electronic filing manager to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment. (9) The court shall not charge fees for electronic filing and service of documents that are more than the court’s actual cost of electronic filing and service of the documents. (f) (1) Except as provided in paragraph (2), if a trial court adopts rules conforming to subdivision (e), it may provide by order, subject to the requirements and conditions stated in paragraphs (2) to (4), inclusive, of subdivision (g), and the rules adopted by the Judicial Council under subdivision (i), that all parties to an action file documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial court’s order does not cause undue hardship or significant prejudice to any party in the action. (2) Unrepresented persons are exempt from any mandatory electronic filing imposed pursuant to this subdivision. (g) A trial court may, by local rule, require electronic filing in civil actions, subject to the requirements and conditions stated in subdivision (e), the rules adopted by the Judicial Council under subdivision (i), and the following conditions: (1) The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required. (2) The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. Any fees charged by an electronic filing service provider shall be reasonable. An electronic filing manager or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver. (3) The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph. (4) Unrepresented persons are exempt from mandatory electronic filing imposed pursuant to this subdivision. (5) Until January 1, 2021, a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, is exempt from a trial court’s mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial court’s mandatory electronic filing and service requirements. (h) The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time. (i) The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time. (j) (1) Any system for the electronic filing and service of documents, including any information technology applications, internet websites and web-based applications, used by an electronic service provider or any other vendor or contractor that provides an electronic filing and service system to a trial court, regardless of the case management system used by the trial court, shall satisfy both of the following requirements: (A) The system shall be accessible to individuals with disabilities, including parties and attorneys with disabilities, in accordance with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). (B) The system shall comply with the Web Content Accessibility Guidelines 2.0 at a Level AA success criteria. (2) Commencing on June 27, 2017, the vendor or contractor shall provide an accommodation to an individual with a disability in accordance with subparagraph (D) of paragraph (3). (3) A trial court that contracts with an entity for the provision of a system for electronic filing and service of documents shall require the entity, in the trial court’s contract with the entity, to do all of the following: (A) Test and verify that the entity’s system complies with this subdivision and provide the verification to the Judicial Council no later than June 30, 2019. (B) Respond to, and resolve, any complaints regarding the accessibility of the system that are brought to the attention of the entity. (C) Designate a lead individual to whom any complaints concerning accessibility may be addressed and post the individual’s name and contact information on the entity’s internet website. (D) Provide to an individual with a disability, upon request, an accommodation to enable the individual to file and serve documents electronically at no additional charge for any time period that the entity is not compliant with paragraph (1). Exempting an individual with a disability from mandatory electronic filing and service of documents shall not be deemed an accommodation unless the person chooses that as an accommodation. The vendor or contractor shall clearly state on its internet website that an individual with a disability may request an accommodation and the process for submitting a request for an accommodation. (4) A trial court that provides electronic filing and service of documents directly to the public shall comply with this subdivision to the same extent as a vendor or contractor that provides electronic filing and services to a trial court. (5) (A) The Judicial Council shall submit four reports to the appropriate committees of the Legislature relating to the trial courts that have implemented a system of electronic filing and service of documents. The first report is due by June 30, 2018; the second report is due by December 31, 2019; the third report is due by December 31, 2021; and the fourth report is due by December 31, 2023. (B) The Judicial Council’s reports shall include all of the following information: (i) The name of each court that has implemented a system of electronic filing and service of documents. (ii) A description of the system of electronic filing and service. (iii) The name of the entity or entities providing the system. (iv) A statement as to whether the system complies with this subdivision and, if the system is not fully compliant, a description of the actions that have been taken to make the system compliant. (6) An entity that contracts with a trial court to provide a system for electronic filing and service of documents shall cooperate with the Judicial Council by providing all information, and by permitting all testing, necessary for the Judicial Council to prepare its reports to the Legislature in a complete and timely manner. (Amended by Stats. 2024, Ch. 151, Sec. 1. (AB 2283) Effective July 18, 2024.)
  16. 1011.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    Section 1011 describes several allowed ways to serve notices or other papers on an attorney or party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 an attorney, service may be made at the attorney’s office, by leaving the notice or other papers in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or with a person having charge thereof. If there is no person in the office with whom the notice or papers may be left for purposes of this subdivision at the time service is to be effected, service may be made by leaving them between the hours of 9 a.m. and 5 p.m., in a conspicuous place in the office, or, if the attorney’s office is not open so as to admit of that service, then service may be made by leaving the notice or papers at the attorney’s residence, with some person of not less than 18 years of age, if the attorney’s residence is in the same county with his or her office, and, if the attorney’s residence is not known or is not in the same county with his or her office, or, being in the same county, it is not open, or a person 18 years of age or older cannot be found at the attorney’s residence, then service may be made by putting the notice or papers, enclosed in a sealed envelope, into the post office or a mail box, subpost office, substation, or mail chute or other like facility regularly maintained by the Government of the United States directed to the attorney at his or her office, if known, and otherwise to the attorney’s residence, if known. If neither the attorney’s office nor residence is known, service may be made by delivering the notice or papers to the address of the attorney or party of record as designated on the court papers, or by delivering the notice or papers to the clerk of the court, for the attorney. (b) If upon a party, service shall be made in the manner specifically provided in particular cases, or, if no specific provision is made, service may be made by leaving the notice or other paper at the party’s residence with some person 18 years of age or older. (1) Any attempt of service upon a party at the party’s residence shall be made between the hours of 8 a.m. and 8 p.m. (2) If, at the time of service, as provided in paragraph (1), a person 18 years of age or older cannot be found at the party’s residence, the notice or papers may be served by mail. (3) If the party’s residence is not known, any attempt of service pursuant to this subdivision may be made by delivering the notice or papers to the clerk of the court, for that party. (c) If service is made by electronic service, it shall be made pursuant to Section 1010.6 and applicable rules on electric service in the California Rules of Court. (Amended by Stats. 2018, Ch. 212, Sec. 1. (AB 2286) Effective January 1, 2019.)
  17. 1012.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    Service by mail may be used only when the recipient has a mailing delivery service at the location, or when both parties are in places connected by regular mail communication.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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, or where the person making the service and the person on whom it is to be made reside or have their offices in different places between which there is a regular communication by mail. (Amended by Stats. 1931, Ch. 739.)
  18. 1013.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    This section sets rules for serving notices or other papers by mail, Express Mail/overnight delivery, facsimile, and electronic service, and it extends certain response periods after service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party’s place of residence. Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court. (b) The copy of the notice or other paper served by mail pursuant to this chapter shall bear a notation of the date and place of mailing or be accompanied by an unsigned copy of the affidavit or certificate of mailing. (c) In case of service by Express Mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service for receipt of Express Mail, in a sealed envelope, with Express Mail postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by Express Mail; otherwise at that party’s place of residence. In case of service by another method of delivery providing for overnight delivery, the notice or other paper shall be deposited in a box or other facility regularly maintained by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service; otherwise at that party’s place of residence. Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document served by Express Mail or other method of delivery providing for overnight delivery shall be extended by two court days. The extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court. (d) The copy of the notice or other paper served by Express Mail or another means of delivery providing for overnight delivery pursuant to this chapter shall bear a notation of the date and place of deposit or be accompanied by an unsigned copy of the affidavit or certificate of deposit. (e) Service by facsimile transmission shall be permitted only where the parties agree and a written confirmation of that agreement is made. The Judicial Council may adopt rules implementing the service of documents by facsimile transmission and may provide a form for the confirmation of the agreement required by this subdivision. In case of service by facsimile transmission, the notice or other paper shall be transmitted to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which they have filed in the cause and served on the party making the service. Service is complete at the time of transmission, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended, after service by facsimile transmission, by two court days, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court. (f) The copy of the notice or other paper served by facsimile transmission pursuant to this chapter shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted, or to be accompanied by an unsigned copy of the affidavit or certificate of transmission which shall contain the facsimile telephone number to which the notice or other paper was transmitted. (g) Electronic service shall be permitted pursuant to Section 1010.6 and the rules on electronic service in the California Rules of Court. (h) Subdivisions (b), (d), and (f) are directory. (Amended by Stats. 2022, Ch. 686, Sec. 2. (AB 1726) Effective January 1, 2023.)
  19. 1013a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    This section says proof of service by mail may be made using specified affidavits or certificates, and each method must include particular identifying and mailing details.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 filed in the cause, showing the name and residence or business address of the person making the service, showing that he or she is a resident of or employed in the county where the mailing occurs, that he or she is over the age of 18 years and not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and also showing that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid. (2) A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, showing that he or she is an active member of the State Bar of California and is not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and also showing that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid. (3) An affidavit setting forth the exact title of the document served and filed in the cause, showing (A) the name and residence or business address of the person making the service, (B) that he or she is a resident of, or employed in, the county where the mailing occurs, (C) that he or she is over the age of 18 years and not a party to the cause, (D) that he or she is readily familiar with the business’ practice for collection and processing of correspondence for mailing with the United States Postal Service, (E) that the correspondence would be deposited with the United States Postal Service that same day in the ordinary course of business, (F) the name and address of the person served as shown on the envelope, and the date and place of business where the correspondence was placed for deposit in the United States Postal Service, and (G) that the envelope was sealed and placed for collection and mailing on that date following ordinary business practices. Service made pursuant to this paragraph, upon motion of a party served, shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in the affidavit. (4) In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which he or she is the clerk, and that he or she is not a party to the cause, and showing the date and place of deposit in the mail, the name and address of the person served as shown on the envelope, and also showing that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid. This form of proof is sufficient for service of process in which the clerk or deputy clerk signing the certificate places the document for collection and mailing on the date shown thereon, so as to cause it to be mailed in an envelope so sealed and so addressed on that date following standard court practices. Service made pursuant to this paragraph, upon motion of a party served and a finding of good cause by the court, shall be deemed to have occurred on the date of postage cancellation or postage meter imprint as shown on the envelope if that date is more than one day after the date of deposit for mailing contained in the certificate. (Amended by Stats. 1995, Ch. 576, Sec. 4. Effective January 1, 1996.)
  20. 1013b

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    This section says how proof of electronic service may be made and what information it must include.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 1013b. (a) Proof of electronic service may be made by any of the following methods: (1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or business address of the person making the service, showing that the person is a resident of or employed in the county where the electronic service occurs, and that the person is over 18 years of age. (2) A certificate setting forth the exact title of the document served and filed in the cause, showing the name and business address of the person making the service, and showing that the person is an active member of the State Bar of California. (3) An affidavit setting forth the exact title of the document served and filed in the cause, showing all of the following: (A) The name and residence or business address of the person making the service. (B) That the person is a resident of, or employed in, the county where the electronic service occurs. (C) That the person is over 18 years of age. (D) That the person is readily familiar with the business’ practice for filing electronically. (E) That the document would be electronically served that same day in the ordinary course of business following ordinary business practices. (4) In case of service by the clerk of a court of record, a certificate by that clerk setting forth the exact title of the document served and filed in the cause, showing the name of the clerk and the name of the court of which they are the clerk. (b) Proof of electronic service shall include all of the following: (1) The electronic service address and the residence or business address of the person making the electronic service. (2) The date of electronic service. (3) The name and electronic service address of the person served. (4) A statement that the document was served electronically. (c) Proof of electronic service shall be signed as provided in subparagraph (B) of paragraph (2) of subdivision (e) of Section 1010.6. (d) Proof of electronic service may be in electronic form and may be filed electronically with the court. (Amended by Stats. 2022, Ch. 215, Sec. 2. (AB 2961) Effective January 1, 2023.)
  21. 1014.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    A defendant is treated as having appeared when certain filings or notices are made, and after that the defendant or the defendant’s attorney is entitled to notice of later proceedings that require notice.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant. After appearance, a defendant or the defendant’s attorney is entitled to notice of all subsequent proceedings of which notice is required to be given. Where a defendant has not appeared, service of notice or papers need not be made upon the defendant. (Amended by Stats. 1999, Ch. 344, Sec. 15. Effective September 7, 1999.)
  22. 1015.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    This section says when service of papers must go to a party’s attorney instead of the party, and when service may be made on the court clerk or at a filed address.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 on the clerk of the court, for that party. But in all cases where a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except service of subpoenas, of writs, and other process issued in the suit, and of papers to bring the party into contempt. If the sole attorney for a party is removed or suspended from practice, then the party has no attorney within the meaning of this section. If the party’s sole attorney has no known office in this state, notices and papers may be served by leaving a copy thereof with the clerk of the court, unless the attorney has filed in the cause an address of a place at which notices and papers may be served on the attorney, in which event they may be served at that place. (Amended by Stats. 2007, Ch. 263, Sec. 12. Effective January 1, 2008.)
  23. 1016.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    The chapter’s foregoing provisions do not apply to service of a summons or other process, or to papers used to bring a party into contempt.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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. (Enacted 1872.)
  24. 1017.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    Some court papers may be sent by telegraph for service, and the telegraphic copy may be served or executed with the same force as the original. If the paper is an original writ or order, it must be filed in the issuing court and a certified copy kept at the sending telegraph office.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 any place, and the telegraphic copy of such writ, or order, or paper so transmitted, may be served or executed by the officer or person to whom it is sent for that purpose, and returned by him, if any return be requisite, in the same manner, and with the same force and effect in all respects, as the original thereof might be if delivered to him, and the officer or person serving or executing the same has the same authority, and is subject to the same liabilities, as if the copy were the original. The original, when a writ or order, must also be filed in the Court from which it was issued, and a certified copy thereof must be preserved in the telegraph office from which it was sent. In sending it, either the original or the certified copy may be used by the operator for that purpose. Whenever any document to be sent by telegraph bears a seal, either private or official, it is not necessary for the operator, in sending the same, to telegraph a description of the seal, or any words or device thereon, but the same may be expressed in the telegraphic copy of the letters “L. S.,” or by the word “seal.” (Enacted 1872.)
  25. 1019.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    If a notice or publication must be printed in a type size measured in points, the required size is determined by printing-industry custom and practice unless another definition is specifically provided.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 size of type or printing which is to be measured by points, the size required, unless otherwise specifically defined, shall be determined by the conventional customs and practices of the printing industry and within the tolerances permitted by conventional custom and practice in that industry, except that the provisions of this section shall not be used for purposes of evasion of any requirement for notice or publication. (Added by Stats. 1980, Ch. 199, Sec. 1.)
  26. 1019.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    After a motion is granted or denied, the prevailing party must notify the other parties or their attorneys unless the court orders otherwise or all parties waive notice in open court and the waiver is entered in the minutes. If the court rules on its own motion, the court must give the notice instead.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 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 party to all other parties or their attorneys, in the manner provided in this chapter, unless notice is waived by all parties in open court and is entered in the minutes. (b) When a motion is granted or denied on the court’s own motion, notice of the court’s order shall be given by the court in the manner provided in this chapter, unless notice is waived by all parties in open court and is entered in the minutes. (Amended by Stats. 1992, Ch. 1348, Sec. 6. Effective January 1, 1993.)
  27. 1020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. )

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    Some required notices may be sent by registered mail with prepaid postage and a return-receipt request; electronic service is not allowed for notices that must be sent by certified or registered mail.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 5. Notices, and Filing and Service of Papers [1010 - 1020] ( Chapter 5 enacted 1872. ) ## 1020. (a) 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 the other sections of this chapter and which is not otherwise specifically provided for by law, may be given by sending the same by registered mail with proper postage prepaid addressed to the addressee’s last known address with request for return receipt, and the production of a returned receipt purporting to be signed by the addressee shall create a disputable presumption that such notice was received by the person to whom the notice was required to be sent. (b) Electronic service is not authorized for a notice that requires certified or registered mail. (Amended by Stats. 2017, Ch. 319, Sec. 4.5. (AB 976) Effective January 1, 2018.)
  28. 1021.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    Attorney compensation is generally left to agreement, except when a statute specifically provides attorney’s fees; parties to actions or proceedings are entitled to costs as provided.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1021. Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided. (Amended by Stats. 1986, Ch. 377, Sec. 2.)
  29. 1021.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    If the people of California win a Jenkins Act enforcement claim, the court must award them fees and costs, including reasonable attorney’s fees, unless federal law expressly forbids it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 to comply with Chapter 10A (commencing with Section 375) of Title 15 of the United States Code, otherwise known as the “Jenkins Act,” the court, to the extent not expressly prohibited by federal law, shall award fees and costs, including reasonable attorney’s fees, to the people if the people succeed on any claim to enforce the Jenkins Act. Any attorney’s fees awarded under this section shall be in addition to any other remedies or penalties available under all other laws of this state. (Added by Stats. 2002, Ch. 686, Sec. 2. Effective January 1, 2003.)
  30. 1021.11.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    A person or law firm that seeks certain declaratory or injunctive relief about firearm-law enforcement can be liable for the prevailing party’s attorney’s fees and costs, and the prevailing party may sue to recover them within three years.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1021.11. (a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, a governmental entity or public official in this state, or a person in this state from enforcing any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts firearms, or that represents any litigant seeking that relief, is jointly and severally liable to pay the attorney’s fees and costs of the prevailing party. (b) For purposes of this section, a party is considered a prevailing party if a court does either of the following: (1) Dismisses any claim or cause of action brought by the party seeking the declaratory or injunctive relief described by subdivision (a), regardless of the reason for the dismissal. (2) Enters judgment in favor of the party opposing the declaratory or injunctive relief described by subdivision (a), on any claim or cause of action. (c) Regardless of whether a prevailing party sought to recover attorney’s fees or costs in the underlying action, a prevailing party under this section may bring a civil action to recover attorney’s fees and costs against a person, including an entity, attorney, or law firm, that sought declaratory or injunctive relief described by subdivision (a) not later than the third anniversary of the date on which, as applicable: (1) The dismissal or judgment described by subdivision (b) becomes final upon the conclusion of appellate review. (2) The time for seeking appellate review expires. (d) None of the following are a defense to an action brought under subdivision (c): (1) A prevailing party under this section failed to seek recovery of attorney’s fees or costs in the underlying action. (2) The court in the underlying action declined to recognize or enforce the requirements of this section. (3) The court in the underlying action held that any provision of this section is invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion. (e) Any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief as described in subdivision (a), shall not be deemed a prevailing party under this section or any other provision of this chapter. (Added by Stats. 2022, Ch. 146, Sec. 2. (SB 1327) Effective January 1, 2023.)
  31. 1021.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In certain damages actions tied to a convicted felony, the court may award reasonable attorney’s fees to the prevailing plaintiff on motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1021.4. In an action for damages against a defendant based upon that defendant’s commission of a felony offense for which that defendant has been convicted, the court may, upon motion, award reasonable attorney’s fees to a prevailing plaintiff against the defendant who has been convicted of the felony. (Added by Stats. 1983, Ch. 938, Sec. 3. Effective September 20, 1983.)
  32. 1021.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    A court may award attorneys’ fees on motion if the case enforced an important public-interest right and the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any. With respect to actions involving public entities, this section applies to allowances against, but not in favor of, public entities, and no claim shall be required to be filed therefor, unless one or more successful parties and one or more opposing parties are public entities, in which case no claim shall be required to be filed therefor under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code. Attorneys’ fees awarded to a public entity pursuant to this section shall not be increased or decreased by a multiplier based upon extrinsic circumstances, as discussed in Serrano v. Priest, 20 Cal. 3d 25, 49. (Amended by Stats. 1993, Ch. 645, Sec. 2. Effective January 1, 1994.)
  33. 1021.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    A court may award attorney’s fees on motion in an implied indemnity case if the stated findings are made.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 indemnity if the court finds (a) that the indemnitee through the tort of the indemnitor has been required to act in the protection of the indemnitee’s interest by bringing an action against or defending an action by a third person and (b) if that indemnitor was properly notified of the demand to bring the action or provide the defense and did not avail itself of the opportunity to do so, and (c) that the trier of fact determined that the indemnitee was without fault in the principal case which is the basis for the action in indemnity or that the indemnitee had a final judgment entered in his or her favor granting a summary judgment, a nonsuit, or a directed verdict. (Amended by Stats. 1982, Ch. 1383, Sec. 1.)
  34. 1021.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In certain damage actions against peace officers, public entities employing peace officers, or in libel or slander actions, the court may award reasonable attorney’s fees to the defendant if it finds the case was not filed or maintained in good faith and with reasonable cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or against a public entity employing a peace officer or in an action for libel or slander brought pursuant to Section 45 or 46 of the Civil Code, the court may, in its discretion, award reasonable attorney’s fees to the defendant or defendants as part of the costs, upon a finding by the court that the action was not filed or maintained in good faith and with reasonable cause. (Added by Stats. 1981, Ch. 980, Sec. 1.)
  35. 1021.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    If the Attorney General wins certain enforcement cases, the court must award the Attorney General the costs of investigating and prosecuting the case, including expert fees and reasonable attorney’s fees.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1021.8. (a) Whenever the Attorney General prevails in a civil action to enforce Section 17537.3, 22445, 22446.5, 22958, 22962, or 22963 of the Business and Professions Code, Section 52, 52.1, 55.1, or 3494 of the Civil Code, the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code) or the California Commodity Law of 1990 (Division 4.5 (commencing with Section 29500) of Title 4 of the Corporations Code), Section 1615, 2014, or 5650.1 of the Fish and Game Code, Section 4458, 12598, 12606, 12607, 12989.3, 16147, 66640, 66641, or 66641.7 of the Government Code, Section 13009, 13009.1, 19958.5, 25299, 39674, 41513, 42402, 42402.1, 42402.2, 42402.3, 42402.4, 43016, 43017, 43154, 104557, or 118950 of the Health and Safety Code, Section 308.1 or 308.3 of the Penal Code, Section 2774.1, 4601.1, 4603, 4605, 30820, 30821.6, 30822, 42847, or 48023 of the Public Resources Code, Section 30101.7 of the Revenue and Taxation Code, or Section 275, 1052, 1845, 13261, 13262, 13264, 13265, 13268, 13304, 13331, 13350, or 13385, or Part 1 (commencing with Section 6000) of Division 3, of the Water Code, the court shall award to the Attorney General all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs. Awards under this section shall be paid to the Public Rights Law Enforcement Special Fund established by Section 12530 of the Government Code. (b) This section applies to any action pending on the effective date of this section and to any action filed thereafter. (c) The amendments made to this section by Chapter 227 of the Statutes of 2004 shall apply to any action pending on the effective date of these amendments and to any action filed thereafter. (Amended by Stats. 2023, Ch. 51, Sec. 3. (SB 122) Effective July 10, 2023.)
  36. 1021.9.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    A prevailing plaintiff in a qualifying trespass-damages action may recover reasonable attorney’s fees, on top of other costs and any damages liability imposed by law.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1021.9. In any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the raising of livestock, the prevailing plaintiff shall be entitled to reasonable attorney’s fees in addition to other costs, and in addition to any liability for damages imposed by law. (Added by Stats. 1986, Ch. 1381, Sec. 1.)
  37. 1022.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    When multiple related actions are brought against several parties who could have been sued together, the plaintiff cannot recover costs in more than one action, but must be allowed disbursements in each action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1022. When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties who might have been joined as defendants in the same action, no costs can be allowed to the plaintiff in more than one of such actions, which may be at his election, if the party proceeded against in the other actions were, at the commencement of the previous action, openly within this State; but the disbursements of the plaintiff must be allowed to him in each action. (Added by renumbering Section 1023 by Stats. 1933, Ch. 744.)
  38. 1023.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    The court may set reasonable fees for referees based on the time spent on the reference, and the parties may instead agree in writing on another compensation rate.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 writing, upon any other rate of compensation, and thereupon such rates shall be allowed. (Amended by Stats. 1953, Ch. 795.)
  39. 1024.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    A court or referee may require payment of expenses caused by a trial postponement as a condition of granting the postponement.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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, in the discretion of the court or referee, as a condition of granting the same. (Amended by Stats. 1986, Ch. 377, Sec. 3.)
  40. 1025.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In a money-recovery action, if the defendant shows they tendered the full amount before suit and deposited that amount in court, and that is proved true, the plaintiff cannot recover costs and must pay costs to the defendant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 plaintiff the full amount to which he was entitled, and thereupon deposits in court, for plaintiff, the amount so tendered, and the allegation is found to be true, the plaintiff can not recover costs, but must pay costs to the defendant. (Added by renumbering Section 1030 by Stats. 1933, Ch. 744.)
  41. 1026.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In actions by certain fiduciaries, costs may be recovered as in an ordinary action, but the costs are normally chargeable only to the represented estate, fund, or party unless the court orders the fiduciary to pay them personally for mismanagement or bad faith.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1026. (a) Except as provided in subdivision (b), in an action prosecuted or defended by a personal representative, trustee of an express trust, guardian, conservator, or a person expressly authorized by statute, costs may be recovered as in an action by or against a person prosecuting or defending in the person’s own right. (b) Costs allowed under subdivision (a) shall, by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court directs the costs to be paid by the fiduciary personally for mismanagement or bad faith in the action or defense. (Amended by Stats. 1988, Ch. 1199, Sec. 8. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
  42. 1027.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    When a special proceeding decision is reviewed by a higher court other than by appeal, the same costs as on appeal must be allowed, and those costs may be collected like money judgments or as the court directs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 other way than by appeal, the same costs must be allowed as in cases on appeal, and may be collected in the manner provided for enforcement of money judgments generally, or in such manner as the court may direct, according to the nature of the case. (Amended by Stats. 1982, Ch. 497, Sec. 68. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  43. 1028.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    When the State is a party, costs are awarded against it on the same basis as any other party, and any awarded costs must be paid from the appropriation for the agency that appeared for the State.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 party and, when awarded, must be paid out of the appropriation for the support of the agency on whose behalf the State appeared. (Amended by Stats. 1943, Ch. 165.)
  44. 1028.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In some civil actions against a state regulatory agency, a qualifying small business or licensee that prevails may, if the court finds the agency acted without substantial justification, be awarded reasonable litigation expenses and other costs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 applied to a small business or a licensee, if the small business or licensee prevails, and if the court determines that the action of the agency was undertaken without substantial justification, the small business or licensee may, in the discretion of the court, be awarded reasonable litigation expenses in addition to other costs. Funds for such expenses and costs shall be paid from funds in the regular operating budget of the state regulatory agency where the appropriation therefor encompasses the payment of such costs and expenses, and not from unappropriated money in the General Fund. (b) “Reasonable litigation expenses” means any expenses not in excess of seven thousand five hundred dollars ($7,500) which the judge finds were reasonably incurred in opposing the agency action, including court costs, expenses incurred in administrative proceedings, attorney’s fees, witness fees of all necessary witnesses, and such other expenses as were reasonably incurred. (c) “Small business” means a business activity that is all of the following: (1) Independently owned and operated. (2) Not dominant in its field of operation. (3) Not exceeding the following annual gross receipts or other criteria in the categories of: (A) Agriculture, one million dollars ($1,000,000). (B) General construction, nine million five hundred thousand dollars ($9,500,000). (C) Special trade construction, five million dollars ($5,000,000). (D) Retail trade, two million dollars ($2,000,000). (E) Wholesale trade, nine million five hundred thousand dollars ($9,500,000). (F) Services, two million dollars ($2,000,000). (G) Transportation and warehousing, one million five hundred thousand dollars ($1,500,000). (H) A manufacturing enterprise not exceeding 250 employees. (I) A health care facility not exceeding 150 beds or one million five hundred thousand dollars ($1,500,000) in annual gross receipts. (J) Generating and transmitting electric power not exceeding 4,500 megawatt hours annually. (d) “Licensee” means any person licensed by a state agency who does not qualify as a small business, but whose annual gross receipts from the use of such license do not exceed one million dollars ($1,000,000). (e) A small business or a licensee shall be deemed to prevail in any action in which there is no adjudication, stipulation, or acceptance of liability on the part of the small business or licensee. (f) A small business or licensee shall not be deemed to have prevailed in actions commenced at the instance of, or on the basis of a complaint filed by, a person who is not an officer, employee, or other agent of the state regulatory agency if the action is dismissed by the agency upon a finding of no cause for the action, or is settled by the agency and small business or licensee without a finding of fault. (g) Section 800 of the Government Code shall not apply to actions which are subject to the provisions of this section. (h) Every state regulatory agency against which litigation expenses have been awarded under this section shall, at the time of submission of its proposed budget pursuant to Section 13320 of the Government Code, submit a report to the Department of Finance and the Legislature as to the amount of those expenses awarded and paid during the fiscal year. (i) This section shall be known and may be cited as the Carpenter-Katz Small Business Equal Access to Justice Act of 1981. (Amended by Stats. 1983, Ch. 445, Sec. 1.)
  45. 1029.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    If a county, city, district, other public agency or entity, or an officer acting officially is a party, costs are awarded against it like any other party and paid from its treasury when awarded.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 awarded against it on the same basis as against any other party and, when awarded, must be paid out of the treasury thereof. (Amended by Stats. 1945, Ch. 217.)
  46. 1029.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In certain professional negligence damages cases against specified licensed design professionals, the defendant may ask the court to require the plaintiff to post up to $500 as security for defense costs, and the court must order it if statutory conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1029.5. (a) Whenever a complaint for damages is filed against any architect, landscape architect, engineer, building designer, or land surveyor, duly licensed as such under the laws of this state, in an action for error, omission, or professional negligence in the creation and preparation of plans, specifications, designs, reports or surveys which are the basis for work performed or agreed to be performed on real property, any such defendant may, within 30 days after service of summons, move the court for an order, upon notice and hearing, requiring the plaintiff to file an undertaking in a sum not to exceed five hundred dollars ($500) as security for the costs of defense as provided in subdivision (d), which may be awarded against the plaintiff. The motion shall be supported by affidavit showing that the claim against the defendant is frivolous. At the hearing upon the motion, the court shall order the plaintiff to file the undertaking if the defendant shows to the satisfaction of the court that (i) the plaintiff would not suffer undue economic hardship in filing the undertaking, and (ii) there is no reasonable possibility that the plaintiff has a cause of action against each named defendant with respect to whom the plaintiff would otherwise be required to file the undertaking. No appeal shall be taken from any order made pursuant to this subdivision to file or not to file the undertaking. A determination by the court that the undertaking either shall or shall not be filed or shall be filed as to one or more defendants and not as to others, shall not be deemed a determination of any one or more issues in the action or of the merits thereof. If the court, upon any such motion, makes a determination that an undertaking be filed by the plaintiff as to any one or more defendants, the action shall be dismissed as to the defendant or defendants, unless the undertaking required by the court has been filed within such reasonable time as may be fixed by the court. (b) This section does not apply to a complaint for bodily injury or for wrongful death, nor to an action commenced in a small claims court. (c) Whenever more than one such defendant is named, the undertaking shall be increased to the extent of not to exceed five hundred dollars ($500) for each additional defendant in whose favor the undertaking is ordered not to exceed the total of three thousand dollars ($3,000). (d) In any action requiring an undertaking as provided in this section, upon the dismissal of the action or the award of judgment to the defendant, the court shall require the plaintiff to pay the defendant’s costs of defense authorized by law. Any sureties shall be liable for such costs in an amount not to exceed the sum of five hundred dollars ($500) or the amount of the undertaking, whichever is lesser, for each defendant with respect to whom the sureties have executed an undertaking. (Amended by Stats. 1982, Ch. 517, Sec. 162.)
  47. 1029.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In certain personal-injury cases against listed licensed health and related professionals, the defendant may ask the court to require the plaintiff to post a costs undertaking, and the court may order dismissal if it is not filed on time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1029.6. (a) Whenever a complaint for damages for personal injuries is filed against a physician and surgeon, dentist, registered nurse, dispensing optician, optometrist, pharmacist, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, or veterinarian, duly licensed as such under the laws of this state, or a licensed hospital as the employer of any such person, in an action for error, omission, or negligence in the performance of professional services, or performance of professional services without consent, any such defendant may, within six months after service of summons, move the court for an order, upon notice to plaintiff and all defendants having appeared in the action, and hearing, requiring the plaintiff to file an undertaking in a sum not to exceed five hundred dollars ($500) as security for the costs of defense as provided in subdivision (d), which may be awarded against the plaintiff. The motion shall be supported by affidavit showing that the claim against the defendant is frivolous. Any defendant having appeared in the action and within 30 days after receipt of notice may join with the moving party requesting an order under this section as to the additional defendant. The failure of any defendant to join with the moving party shall preclude that defendant from subsequently requesting an order under this section. At the hearing upon the motion, the court shall order the plaintiff to file the undertaking if the defendant shows to the satisfaction of the court that: (i) the plaintiff would not suffer undue economic hardship in filing the undertaking and (ii) there is no reasonable possibility that the plaintiff has a cause of action against each named defendant with respect to whom the plaintiff would otherwise be required to file the undertaking. A determination by the court that an undertaking either shall or shall not be filed or shall be filed as to one or more defendants and not as to others, shall not be deemed a determination of any one or more issues in the action or of the merits thereof. If the court, upon any such motion, makes a determination that an undertaking be filed by the plaintiff as to any one or more defendants, the action shall be dismissed as to that defendant or defendants, unless the undertaking required by the court shall have been filed within the reasonable time as may be fixed by the court. (b) This section does not apply to a complaint in an action commenced in a small claims court. (c) Whenever more than one defendant is named, the undertaking shall be increased to the extent of not to exceed five hundred dollars ($500) for each additional defendant in whose favor the undertaking is ordered, not to exceed the total of one thousand dollars ($1,000). (d) In any action requiring an undertaking as provided in this section, upon the dismissal of the action or the award of judgment to the defendant, the court shall require the plaintiff to pay the defendant’s court costs. Any sureties shall be liable for those costs in an amount not to exceed the sum of five hundred dollars ($500) or the amount of the undertaking, whichever is lesser, for each defendant with respect to whom the sureties have executed an undertaking. If the plaintiff prevails in the action against any defendant with respect to whom an undertaking has been filed, the defendant shall pay the costs to plaintiff incurred in defending the motion for dismissal authorized by this section. (e) Any defendant filing a motion under this section or joining with a moving party under this section is precluded from subsequently filing a motion for summary judgment. (f) Any defendant filing a motion for summary judgment is precluded from subsequently filing a motion, or joining with a moving party, under this section. (Amended by Stats. 1993, Ch. 226, Sec. 6. Effective January 1, 1994.)
  48. 1029.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    An unlicensed person who causes injury while providing regulated goods or services may owe treble damages, and the court may also award costs and attorney’s fees if the injured person wins.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 required under Division 2 (commencing with Section 500) or any initiative act referred to therein, Division 3 (commencing with Section 5000), or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8, of the Business and Professions Code, or Chapter 2 (commencing with Section 25210) or Chapter 3 (commencing with Section 25230) of Part 3 of Division 1 of Title 4 of the Corporations Code, shall be liable to the injured person for treble the amount of damages assessed in a civil action in any court having proper jurisdiction. The court may, in its discretion, award all costs and attorney’s fees to the injured person if that person prevails in the action. (b) This section shall not be construed to confer an additional cause of action or to affect or limit any other remedy, including, but not limited to, a claim for exemplary damages. (c) The additional damages provided for in subdivision (a) shall not exceed ten thousand dollars ($10,000). (d) For the purposes of this section, the term “unlicensed person” shall not apply to any of the following: (1) Any person, partnership, corporation, or other entity providing goods or services under the good faith belief that they are properly licensed and acting within the proper scope of that licensure. (2) Any person, partnership, corporation, or other entity whose license has expired for nonpayment of license renewal fees, but who is eligible to renew that license without the necessity of applying and qualifying for an original license. (3) Any person, partnership, or corporation licensed under Chapter 6 (commencing with Section 2700) or Chapter 6.5 (commencing with Section 2840) of the Business and Professions Code, who provides professional nursing services under an existing license, if the action arises from a claim that the licensee exceeded the scope of practice authorized by his or her license. (e) This section shall not apply to any action for unfair trade practices brought against an unlicensed person under Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code, by a person who holds a license that is required, or closely related to the license that is required, to engage in those activities performed by the unlicensed person. (Amended by Stats. 2004, Ch. 575, Sec. 1. Effective January 1, 2005.)
  49. 1030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    A defendant may ask the court to require an out-of-state or foreign-corporation plaintiff to post an undertaking for costs and attorney’s fees.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action or special proceeding. For the purposes of this section, “attorney’s fees” means reasonable attorney’s fees a party may be authorized to recover by a statute apart from this section or by contract. (b) The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. The motion shall be accompanied by an affidavit in support of the grounds for the motion and by a memorandum of points and authorities. The affidavit shall set forth the nature and amount of the costs and attorney’s fees the defendant has incurred and expects to incur by the conclusion of the action or special proceeding. (c) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court’s order as security for costs and attorney’s fees. (d) The plaintiff shall file the undertaking not later than 30 days after service of the court’s order requiring it or within a greater time allowed by the court. If the plaintiff fails to file the undertaking within the time allowed, the plaintiff’s action or special proceeding shall be dismissed as to the defendant in whose favor the order requiring the undertaking was made. (e) If the defendant’s motion for an order requiring an undertaking is filed not later than 30 days after service of summons on the defendant, further proceedings may be stayed in the discretion of the court upon application to the court by the defendant by noticed motion for the stay until 10 days after the motion for the undertaking is denied or, if granted, until 10 days after the required undertaking has been filed and the defendant has been served with a copy of the undertaking. The hearing on the application for the stay shall be held not later than 60 days after service of the summons. If the defendant files a motion for an order requiring an undertaking, which is granted but the defendant objects to the undertaking, the court may in its discretion stay the proceedings not longer than 10 days after a sufficient undertaking has been filed and the defendant has been served with a copy of the undertaking. (f) The determinations of the court under this section have no effect on the determination of any issues on the merits of the action or special proceeding and may not be given in evidence nor referred to in the trial of the action or proceeding. (g) An order granting or denying a motion for an undertaking under this section is not appealable. (Amended by Stats. 1988, Ch. 189, Sec. 1.)
  50. 1031.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In certain wage-recovery actions, the court must add an attorney’s fee to costs, capped at 20% of the amount recovered.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1031. In actions for the recovery of wages for labor performed, where the amount of the demand, exclusive of interest, does not exceed three hundred dollars ($300), the court shall add, as part of the cost, in any judgment recovered by the plaintiff or cross-complainant, an attorney’s fee not exceeding 20 percent of the amount recovered. (Amended by Stats. 1986, Ch. 377, Sec. 4.)
  51. 1032.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    This section defines several terms and gives a prevailing party a right to recover costs, unless another statute expressly says otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1032. (a) As used in this section, unless the context clearly requires otherwise: (1) “Complaint” includes a cross-complaint. (2) “Defendant” includes a cross-defendant, a person against whom a complaint is filed, or a party who files an answer in intervention. (3) “Plaintiff” includes a cross-complainant or a party who files a complaint in intervention. (4) “Prevailing party” includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the “prevailing party” shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034. (b) Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (c) Nothing in this section shall prohibit parties from stipulating to alternative procedures for awarding costs in the litigation pursuant to rules adopted under Section 1034. (Amended by Stats. 2017, Ch. 131, Sec. 2. (AB 1693) Effective January 1, 2018.)
  52. 1033.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

    Verify source ↗

    This section lets the court control who pays costs in certain civil cases, and it limits costs in some limited civil cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 accordance with Section 1034 where the prevailing party recovers a judgment that could have been rendered in a limited civil case. (b) When a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as the maximum limitation upon the jurisdiction of the small claims court, the following shall apply: (1) When the party could have brought the action in the small claims division but did not do so, the court may, in its discretion, allow or deny costs to the prevailing party, or may allow costs in part in any amount as it deems proper. (2) When the party could not have brought the action in the small claims court, costs and necessary disbursements shall be limited to the actual cost of the filing fee, the actual cost of service of process, and, when otherwise specifically allowed by law, reasonable attorneys’ fees. However, those costs shall only be awarded to the plaintiff if the court is satisfied that prior to the commencement of the action, the plaintiff informed the defendant in writing of the intended legal action against the defendant and that legal action could result in a judgment against the defendant that would include the costs and necessary disbursements allowed by this paragraph. (Amended by Stats. 1998, Ch. 931, Sec. 107. Effective September 28, 1998.)
  53. 1033.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    This section lists which litigation expenses can be recovered as costs, which expenses are not allowed unless authorized by law, and when the court may exercise discretion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 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 kept together during trial and after the jury retires for deliberation. (3) (A) Taking, video recording, and transcribing necessary depositions, including an original and one copy of those taken by the claimant and one copy of depositions taken by the party against whom costs are allowed. (B) Fees of a certified or registered interpreter for the deposition of a party or witness who does not proficiently speak or understand the English language. (C) Travel expenses to attend depositions. (4) Service of process by a public officer, registered process server, or other means, as follows: (A) When service is by a public officer, the recoverable cost is the fee authorized by law at the time of service. (B) If service is by a process server registered pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code, the recoverable cost is the amount actually incurred in effecting service, including, but not limited to, a stakeout or other means employed in locating the person to be served, unless those charges are successfully challenged by a party to the action. (C) When service is by publication, the recoverable cost is the sum actually incurred in effecting service. (D) When service is by a means other than that set forth in subparagraph (A), (B), or (C), the recoverable cost is the lesser of the sum actually incurred, or the amount allowed to a public officer in this state for that service, except that the court may allow the sum actually incurred in effecting service upon application pursuant to paragraph (4) of subdivision (c). (5) Expenses of attachment including keeper’s fees. (6) Premiums on necessary surety bonds. (7) Ordinary witness fees pursuant to Section 68093 of the Government Code. (8) Fees of expert witnesses ordered by the court. (9) Transcripts of court proceedings ordered by the court. (10) Attorney’s fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law. (11) Court reporter fees as established by statute. (12) Court interpreter fees for a qualified court interpreter authorized by the court for an indigent person represented by a qualified legal services project, as defined in Section 6213 of the Business and Professions Code, or a pro bono attorney, as defined in Section 8030.4 of the Business and Professions Code. (13) Models, the enlargements of exhibits and photocopies of exhibits, and the electronic presentation of exhibits, including costs of rental equipment and electronic formatting, may be allowed if they were reasonably helpful to aid the trier of fact. (14) Fees for the electronic filing or service of documents through an electronic filing service provider if a court requires or orders electronic filing or service of documents. (15) Fees for the hosting of electronic documents if a court requires or orders a party to have documents hosted by an electronic filing service provider. This paragraph shall become inoperative on January 1, 2022. (16) Any other item that is required to be awarded to the prevailing party pursuant to statute as an incident to prevailing in the action at trial or on appeal. (b) The following items are not allowable as costs, except when expressly authorized by law: (1) Fees of experts not ordered by the court. (2) Investigation expenses in preparing the case for trial. (3) Postage, telephone, and photocopying charges, except for exhibits. (4) Costs in investigation of jurors or in preparation for voir dire. (5) Transcripts of court proceedings not ordered by the court. (c) An award of costs shall be subject to the following: (1) Costs are allowable if incurred, whether or not paid. (2) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (3) Allowable costs shall be reasonable in amount. (4) Items not mentioned in this section and items assessed upon application may be allowed or denied in the court’s discretion. (5) (A) If a statute of this state refers to the award of “costs and attorney’s fees,” attorney’s fees are an item and component of the costs to be awarded and are allowable as costs pursuant to subparagraph (B) of paragraph (10) of subdivision (a). A claim not based upon the court’s established schedule of attorney’s fees for actions on a contract shall bear the burden of proof. Attorney’s fees allowable as costs pursuant to subparagraph (B) of paragraph (10) of subdivision (a) may be fixed as follows: (i) upon a noticed motion, (ii) at the time a statement of decision is rendered, (iii) upon application supported by affidavit made concurrently with a claim for other costs, or (iv) upon entry of default judgment. Attorney’s fees allowable as costs pursuant to subparagraph (A) or (C) of paragraph (10) of subdivision (a) shall be fixed either upon a noticed motion or upon entry of a default judgment, unless otherwise provided by stipulation of the parties. (B) Attorney’s fees awarded pursuant to Section 1717 of the Civil Code are allowable costs under Section 1032 as authorized by subparagraph (A) of paragraph (10) of subdivision (a). (Amended by Stats. 2017, Ch. 583, Sec. 1. (AB 828) Effective January 1, 2018.)
  54. 1034.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    The Judicial Council must set rules for claiming and contesting prejudgment costs, and must establish rules for allowable appeal costs and how to claim them.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1034. (a) Prejudgment costs allowable under this chapter shall be claimed and contested in accordance with rules adopted by the Judicial Council. (b) The Judicial Council shall establish by rule allowable costs on appeal and the procedure for claiming those costs. (Repealed and added by Stats. 1986, Ch. 377, Sec. 15.)
  55. 1034.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In unlawful detainer cases, a prevailing plaintiff who paid eviction expenses to the sheriff or marshal may file a request for those expenses after being told the exact amount spent.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1034.5. In unlawful detainer proceedings, the plaintiff who recovers judgment for possession of premises, and who advances or pays to the sheriff or marshal the expenses required for the eviction of any persons in possession or occupancy of the premises and the personal property of such persons, shall, after being advised by the sheriff or marshal of the exact amount necessarily used and expended to effect the eviction, be allowed to file a request for the same pursuant to rules adopted by the Judicial Council. (Amended by Stats. 1986, Ch. 377, Sec. 16.)
  56. 1036.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    In an inverse condemnation case, the court or settling public-entity attorney must set and award a sum reimbursing the plaintiff’s reasonable litigation costs and related fees.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1036. In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, or the attorney representing the public entity who effects a settlement of that proceeding, shall determine and award or allow to the plaintiff, as a part of that judgment or settlement, a sum that will, in the opinion of the court, reimburse the plaintiff’s reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of that proceeding in the trial court or in any appellate proceeding in which the plaintiff prevails on any issue in that proceeding. (Amended by Stats. 1995, Ch. 181, Sec. 1. Effective January 1, 1996.)
  57. 1038.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. )

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    This section lets a court award defense costs in certain civil cases if a defendant or cross-defendant moves and the court finds the proceeding was not brought in good faith and with reasonable cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 6. Of Costs [1021 - 1038] ( Chapter 6 enacted 1872. ) ## 1038. (a) In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross-defendant, shall, at the time of the granting of any summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or any nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, or at a later time set forth by rule of the Judicial Council adopted under Section 1034, determine whether or not the plaintiff, petitioner, cross-complainant, or intervenor brought the proceeding with reasonable cause and in the good faith belief that there was a justifiable controversy under the facts and law which warranted the filing of the complaint, petition, cross-complaint, or complaint or answer in intervention. If the court should determine that the proceeding was not brought in good faith and with reasonable cause, an additional issue shall be decided as to the defense costs reasonably and necessarily incurred by the party or parties opposing the proceeding, and the court shall render judgment in favor of that party in the amount of all reasonable and necessary defense costs, in addition to those costs normally awarded to the prevailing party. An award of defense costs under this section shall not be made except on notice contained in a party’s papers and an opportunity to be heard. (b) “Defense costs,” as used in this section, shall include reasonable attorney’s fees, expert witness fees, the expense of services of experts, advisers, and consultants in defense of the proceeding, and where reasonably and necessarily incurred in defending the proceeding. (c) This section shall be applicable only on motion made before the discharge of the jury or entry of judgment, and any party requesting the relief pursuant to this section waives any right to seek damages for malicious prosecution. Failure to make the motion shall not be deemed a waiver of the right to pursue a malicious prosecution action. (d) This section shall only apply if the defendant or cross-defendant has made a motion for summary judgment, judgment under Section 631.8, directed verdict, or nonsuit and the motion is granted. (Amended by Stats. 2017, Ch. 131, Sec. 3. (AB 1693) Effective January 1, 2018.)
  58. 1045.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    If an original pleading or paper is lost, the Court may allow a copy to be filed and used instead.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 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. (Enacted 1872.)
  59. 1046.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    A court paper can still be valid even if it lacks a proper title, as long as it clearly refers to the related action or proceeding.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1046. An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it intelligibly refers to the action or proceeding. (Amended by Stats. 1981, Ch. 714, Sec. 71.)
  60. 1046a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    In certain real-property title cases, papers filed later under a court order can be treated as if they were filed on the proper earlier date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1046a. In all cases brought under the provisions of any act providing for the establishment and quieting of title to real property in cases where the public records in the office of the county recorder have been, or shall hereafter be, lost or destroyed, in whole or in any material part by flood, fire or earthquake, all papers filed under order of court nunc pro tunc as of the date when they should have been filed, shall have the same force and effect as if filed on the date when they should have been filed. (Added by Stats. 1909, Ch. 686.)
  61. 1047.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    Successive actions may be brought on the same contract or transaction if a new cause of action arises after the earlier case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1047. Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom. (Enacted 1872.)
  62. 1048.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    A court may combine related actions for hearing or trial, and may also order separate trials when convenience, prejudice, or efficiency support it, so long as jury-trial rights are preserved.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1048. (a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States. (Amended by Stats. 1971, Ch. 244.)
  63. 1049.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    An action counts as pending from when it begins until the appeal is finally decided, or until the time to appeal runs out, unless the judgment is satisfied sooner.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1049. An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied. (Enacted 1872.)
  64. 1050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    A person may bring an action to determine an adverse claim to money or property, and may also sue multiple persons to compel one to satisfy a debt when the plaintiff is a surety.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1050. An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and also against two or more persons, for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety. (Enacted 1872.)
  65. 1053.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    When there are three referees, all must meet; two of them may do any act that all three could do.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1053. When there are three referees all must meet, but two of them may do any act which might be done by all. (Amended by Stats. 1961, Ch. 461.)
  66. 1054.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    A judge may extend certain litigation deadlines for good cause, usually up to 30 days unless the adverse party consents. If all attorneys of record agree in writing, the extension must be granted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1054. (a) When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal and of intention to move for a new trial, the time allowed therefor, unless otherwise expressly provided, may be extended, upon good cause shown, by the judge of the court in which the action is pending, or by the judge who presided at the trial of the action; but the extension so allowed shall not exceed 30 days, without the consent of the adverse party. (b) In all cases in which the court or judge is authorized by this section to grant an extension of time, the extension of time shall be granted when all attorneys of record of parties who have appeared in the action agree in writing to the extension of time, and any extension of time previously granted by stipulation of all attorneys of record of parties who have appeared in the action shall not be included in the computation of the 30-day limitation upon extensions of time allowed by the court or judge. (Amended by Stats. 1982, Ch. 517, Sec. 168.)
  67. 1054.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    A court or agency must extend certain deadlines when the party’s attorney is a California legislator and the statutory timing conditions are met, unless specific urgent relief would be harmed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1054.1. (a) When an act to be done in any action or proceeding in any court of this state or before any state administrative agency, as provided by law or rule, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices (other than of appeal, of intention to move for a new trial, and of intention to move to vacate a judgment), and such act is not a motion for a judgment notwithstanding the verdict, the time allowed therefor, unless otherwise expressly provided, shall be extended to a date certain by the judges of the court or by the agency in which the action or proceeding is pending, or by the judge who presided at the trial of the action, when it appears to the judge of any court or to the agency to whom the application is made that an attorney of record for the party applying for the extension is a Member of the Legislature of this state, and that the Legislature is in session or in recess not exceeding a recess of 40 days or that a legislative committee of which the attorney is a duly appointed member is meeting or is to meet within a period which the court or agency finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel. When the Legislature is in session or in recess, extension shall be to a date not less than 30 days next following the final adjournment of the Legislature or the commencement of a recess of more than 40 days. If a date is available during recess, extension shall be to such earlier date. When a legislative committee is meeting or is to meet within a period which the court or agency finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel, extension shall be for such period as the court or agency finds will be reasonably necessary to enable the member to perform the act to be done in the action or proceeding, unless the extension would expire when the Legislature is to be in session; and in that case the extension shall be to a date not less than 30 days following the final adjournment of the Legislature or the commencement of a recess of more than 40 days. If the act may be reasonably done by the member within the recess, continuance shall be to such earlier date. However, any postponement granted under the provisions of this section shall suspend for the same period of time as the postponement, the running of any period of time for any ruling or proceeding by a court, board, commission, or officer, or for the performance by any party of any act affected by the postponement. (b) Extension of time pursuant to this section is mandatory unless the court determines that the extension would defeat or abridge a right to relief pendente lite in a paternity action or a right to invoke a provisional remedy such as pendente lite support in a domestic relations controversy, attachment and sale of perishable goods, receivership of a failing business, and temporary restraining order or preliminary injunction, and that the continuance should not be granted. (Amended by Stats. 1982, Ch. 517, Sec. 169.)
  68. 1055.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. )

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    If a defendant has notice of an indemnity bond or covenant and allows the bonded persons to defend, the court may enter judgment against them for the recovery and costs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 7. General Provisions [1045 - 1055] ( Chapter 7 enacted 1872. ) ## 1055. If an action is brought against any officer or person for an act for the doing of which he had theretofore received any valid bond or convenant of indemnity, and he gives seasonable notice thereof in writing to the persons who executed such bond or covenant, and permits them to conduct the defense of such action, the judgment recovered therein is conclusive evidence against the persons so notified; and the court may, on motion of the defendant, upon notice of five days, and upon proof of such bond or covenant, and of such notice and permission, enter judgment against them for the amount so recovered and costs. (Amended by Stats. 1907, Ch. 246.)
  69. 1060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. )

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    Certain people with a qualifying interest may file for a court declaration of rights or duties in an actual controversy.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. ) ## 1060. Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises, including a determination of any question of construction or validity arising under the instrument or contract. He or she may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding declaration of these rights or duties, whether or not further relief is or could be claimed at the time. The declaration may be either affirmative or negative in form and effect, and the declaration shall have the force of a final judgment. The declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought. (Amended by Stats. 2002, Ch. 784, Sec. 73. Effective January 1, 2003.)
  70. 1060.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. )

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    A person claiming to be a California nonresident for personal income tax purposes may sue the Franchise Tax Board in certain specified superior courts to determine California residence.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. ) ## 1060.5. Any individual claiming to be a nonresident of the State of California for the purposes of the Personal Income Tax Law may commence an action in the Superior Court in the County of Sacramento, or in the County of Los Angeles, or in the City and County of San Francisco, against the Franchise Tax Board to determine the fact of his or her residence in this state under the conditions and circumstances set forth in Section 19381 of the Revenue and Taxation Code. (Amended by Stats. 1996, Ch. 952, Sec. 1. Effective January 1, 1997.)
  71. 1061.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. )

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    The court may refuse to use the chapter’s declaratory-relief power when a declaration or determination is not necessary or proper at the time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. ) ## 1061. The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances. (Added by Stats. 1921, Ch. 463.)
  72. 1062.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. )

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    Remedies under this chapter are cumulative and do not limit other remedies or additional relief based on the same facts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. ) ## 1062. The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party to such action, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts. (Added by Stats. 1921, Ch. 463.)
  73. 1062.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 9. Actions to Enforce Real Property and Mobilehome Sales Agreements [1062.10- 1062.10.] ( Chapter 9 added by Stats. 1985, Ch. 911, Sec. 2. )

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    A person or legal entity may not sue to enforce certain real property or mobilehome sales agreements until the agreement is recorded or the required change-in-ownership statement is filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 9. Actions to Enforce Real Property and Mobilehome Sales Agreements [1062.10- 1062.10.] ( Chapter 9 added by Stats. 1985, Ch. 911, Sec. 2. ) ## 1062.10. No person or legal entity may maintain an action in any court in this state to enforce the terms of a real property sales contract as defined in Section 2985 of the Civil Code or a conditional sale contract on a mobilehome subject to local property taxation and subject to Division 13 (commencing with Section 18000) of Part 2 of the Health and Safety Code, providing for a change in ownership of real property or of a mobilehome subject to local property taxation until the agreement is duly recorded by the county recorder or the change-in-ownership statement required by Section 480 of the Revenue and Taxation Code is filed as provided in that section. This section shall apply to the enforcement of those agreements which are alleged to have transferred ownership of real property or of a mobilehome subject to property taxation which are entered into after January 1, 1986. (Amended by Stats. 1986, Ch. 62, Sec. 1. Effective April 23, 1986.)
  74. 1062.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 10. Computer Assistance [1062.20- 1062.20.] ( Chapter 10 added by Stats. 1995, Ch. 507, Sec. 1. )

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    Each court may set up and run an interactive computer system to help self-represented litigants prepare standardized court documents, provide standardized information, contract with a private entity, and collect fees limited to reasonable costs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 10. Computer Assistance [1062.20- 1062.20.] ( Chapter 10 added by Stats. 1995, Ch. 507, Sec. 1. ) ## 1062.20. (a) In accordance with rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in the following civil actions: (1) Enforcement of court orders, including orders for visitation, child custody, and property division. (2) Landlord and tenant actions. (3) Uncontested dissolution of marriage. (4) Probate of a will. (b) The computer system may also provide standardized information to users, including, but not limited to, information regarding calculations for child and spousal support payments that meet the requirements described in Section 3830 of the Family Code, court procedures, rights and responsibilities of landlords and tenants, and alternative dispute resolution. (c) The court may contract with a private entity to establish and operate the program and collect any fees described in subdivision (d). (d) The court may establish and collect fees from the program not to exceed the reasonable costs to establish and operate the program. (Added by Stats. 1995, Ch. 507, Sec. 1. Effective January 1, 1996.)
  75. 1062.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. )

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    Declaratory relief actions must be set for trial at the earliest possible date and get precedence over other cases, subject to stated exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. ) ## 1062.3. (a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law. (b) Any action brought under the provisions of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take such precedence only upon noticed motion and a showing that the action requires a speedy trial. (Added by renumbering Section 1062a by Stats. 1980, Ch. 676, Sec. 66.)
  76. 1062.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. )

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    This chapter applies to claims or lawsuits against foster family agencies or noncustodial adoption agencies for acts of their employees, contractors, or volunteers, when brought by a recipient of those services or someone acting for the recipient.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. ) ## 1062.30. This chapter applies to any claim or lawsuit against a foster family agency or a noncustodial adoption agency for the acts of their employees, contractors, or volunteers brought by a recipient of those services or on the recipient’s behalf. (Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.)
  77. 1062.31.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. )

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    California states that foster family agencies and noncustodial adoption agencies are important to the foster care system and are entitled to the rights listed in this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. ) ## 1062.31. It is the public policy of the State of California that foster family agencies or noncustodial adoption agencies, also known as FFAs, provide necessary services to vulnerable youth throughout the state and are integral to the foster care system. Consequently, FFAs are afforded the rights set forth in this chapter. (Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.)
  78. 1062.32.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. )

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    This section defines “FFA” and “public entity” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. ) ## 1062.32. For the purposes of this chapter, the following definitions apply: (a) “FFA” means a foster family agency or a noncustodial adoption agency, as these terms are defined in Section 1502 of the Health and Safety Code. (b) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code. (Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.)
  79. 1062.33.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. )

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    An FFA can be liable for its own negligence, but not for damage caused by the public entity acting in its capacity. The FFA and the public entity must each pay their own insurance and defense costs, and a court may not waive or suspend subdivision (a).

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. ) ## 1062.33. (a) An FFA may be held liable for injury or damage caused by the negligence of the FFA but not for the injury or damage caused by the public entity, including its officers, employees, or volunteers, acting in its capacity. The FFA and the public entity shall each bear the cost of insuring against their respective acts and omissions and shall each bear the costs of defending itself against claims arising from those risks. (b) (1) Notwithstanding any other law, subdivision (a) shall not be waived or suspended by any court. Any provision in a nongovernmental organization contract for child, youth, and family services in which a public entity is indemnified, held harmless, or insured for damages, claims, losses, or expenses arising from injury or damage, including, but not limited to, bodily injury, mental anguish, property damage, or economic or noneconomic damages or loss, caused by or resulting from a public entity’s negligence or intentional conduct, in whole or in part, shall be void as against public policy and unenforceable. (2) Subdivision (a) does not limit or affect the immunity provided by any other law that would otherwise be an available defense to either party. (Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.)
  80. 1062.34.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. )

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    This chapter stays in force only until January 1, 2027, when it is repealed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 11. Foster Family Agency Accountability [1062.30 - 1062.34] ( Chapter 11 added by Stats. 2024, Ch. 403, Sec. 1. ) ## 1062.34. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 11, commencing with Section 1062.30.)
  81. 1062.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. )

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    Certain insurers, covered health care providers, and potentially aggrieved persons may file a declaratory relief action in superior court, and the court must allow specified intervention and give the case priority.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 14. OF MISCELLANEOUS PROVISIONS [989 - 1062.34] ( Title 14 enacted 1872. ) ## CHAPTER 8. Declaratory Relief [1060 - 1062.5] ( Chapter 8 added by Stats. 1921, Ch. 463. ) ## 1062.5. Any insurer who issues policies of professional liability insurance to health care providers for professional negligence, as defined in Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session, any health care provider covered by such a policy, or any potentially aggrieved person, may bring an action in the superior court for a declaration of its, his, or her rights, duties, and obligations under Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session. The court shall permit any of the following persons to intervene in the action: (1) The Attorney General. (2) Any other person whose appearance is determined by the court to be essential to a complete determination or settlement of any issues in the action. The action shall be commenced in the superior court in the county in which the Attorney General is required to reside and keep his office pursuant to Section 1060 of the Government Code. The action shall be set for trial at the earliest possible date and shall take precedence over all cases other than those in which the state is a party. The court may make a binding declaration of the rights, duties, and obligations of the insurer, whether or not further relief is or could be claimed at the time. The declaration may be affirmative or negative in form and effect and shall have the force and effect of a final judgment. If the declaration is appealed, the appeal shall be given precedence in the court of appeal and Supreme Court and placed on the calendar in the order of its date of issue immediately following cases in which the state is a party. The remedy established by this section is cumulative, and shall not be construed as restricting any remedy established for the benefit of any party to the action by any other provision of law. No declaration under this section shall preclude any party from obtaining additional relief based upon the same facts. (Added by Stats. 1979, Ch. 373.)
  82. 1068.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

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    A court may grant a writ of review when an inferior judicial body exceeded its jurisdiction and there is no appeal or other plain, speedy, adequate remedy.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1068. (a) A writ of review may be granted by any court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy. (b) The appellate division of the superior court may grant a writ of review directed to the superior court in a limited civil case or in a misdemeanor or infraction case. Where the appellate division grants a writ of review directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter. (Amended by Stats. 2002, Ch. 784, Sec. 74. Effective January 1, 2003.)
  83. 1069.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

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    An application for a writ of review must be made on the verified petition of the party beneficially interested, and the court may require notice, issue an order to show cause, or grant the writ without notice.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1069. The application must be made on the verified petition of the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice. (Amended by Stats. 1907, Ch. 328.)
  84. 1069.1.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

    Verify source ↗

    Section 1089’s rules about a return by demurrer or answer also apply in proceedings under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1069.1. The provisions of Section 1089 as to a return by demurrer or answer apply to a proceeding pursuant to this chapter. (Added by Stats. 1971, Ch. 1475.)
  85. 1070.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A writ of review may be sent to a tribunal, board, officer, or other custodian of the record; if it is directed to a tribunal, the clerk must return it with the required transcript.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1070. The writ may be directed to the inferior tribunal, Board, or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the Clerk, if there be one, must return the writ with the transcript required. (Enacted 1872.)
  86. 1071.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

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    A writ of review must require the directed party to send a full transcript of the record and proceedings to the issuing court and to stop further action in the matter being reviewed.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1071. The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ at a time and place then or thereafter specified by court order a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed. (Amended by Stats. 1963, Ch. 461.)
  87. 1072.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

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    If no stay of proceedings is intended, the writ must omit the stay language; the court may insert or omit that language in its discretion.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1072. If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or omitted, in the sound discretion of the Court, but if omitted, the power of the inferior Court or officer is not suspended or the proceedings stayed. (Enacted 1872.)
  88. 1073.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

    Verify source ↗

    The writ must be served like a summons in a civil action unless the Court expressly directs otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1073. The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the Court. (Enacted 1872.)
  89. 1074.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

    Verify source ↗

    The review on this writ is limited to deciding whether the lower tribunal, board, or officer acted within and regularly pursued its authority.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1074. The review upon this writ cannot be extended further than to determine whether the inferior tribunal, Board, or officer has regularly pursued the authority of such tribunal, Board, or officer. (Enacted 1872.)
  90. 1075.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

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    If a writ return is defective, the court may require a further return. Once a full return is made, the court must hear the parties and may then affirm, annul, or modify the proceedings below.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1075. If the return of the writ be defective, the Court may order a further return to be made. When a full return has been made, the Court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying the proceedings below. (Enacted 1872.)
  91. 1076.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

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    The Clerk must transmit a signed copy of the judgment to the inferior tribunal, board, or officer that has custody of the certified record or proceeding.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1076. A copy of the judgment, signed by the Clerk, must be transmitted to the inferior tribunal, Board, or officer having the custody of the record or proceeding certified up. (Enacted 1872.)
  92. 1077.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. )

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    A clerk-signed copy of the judgment, when entered on or attached to the writ and return, makes up the judgment roll.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 1. Writ of Review [[1067.] - 1077] ( Chapter 1 enacted 1872. ) ## 1077. A copy of the judgment, signed by the Clerk, entered upon or attached to the writ and return, constitute the judgment roll. (Enacted 1872.)
  93. 1085.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    A court may issue a writ of mandate to require a lower tribunal, corporation, board, or person to do a legally required act or admit a party to a right or office. The appellate division of the superior court may also grant such a writ in limited civil, misdemeanor, or infraction cases.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1085. (a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by that inferior tribunal, corporation, board, or person. (b) The appellate division of the superior court may grant a writ of mandate directed to the superior court in a limited civil case or in a misdemeanor or infraction case. Where the appellate division grants a writ of mandate directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter. (Amended by Stats. 2010, Ch. 212, Sec. 2. (AB 2767) Effective January 1, 2011.)
  94. 1085.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    For challenges to the Director of Food and Agriculture’s actions under the specified Food and Agricultural Code divisions, the writ-of-mandate procedure must follow Chapter 1.5 of that code.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1085.5. Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture under Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Code, the procedure for issuance of a writ of mandate shall be in accordance with Chapter 1.5 (commencing with Section 5051) of Part 1 of Division 4 of that code. (Amended by Stats. 1987, Ch. 1284, Sec. 1.)
  95. 1086.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    A writ must be issued when there is no plain, speedy, and adequate remedy at law, and it must be issued on the verified petition of the beneficially interested party.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1086. The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon the verified petition of the party beneficially interested. (Amended by Stats. 1907, Ch. 244.)
  96. 1087.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    A writ of mandate may be alternative or peremptory. An alternative writ must direct the recipient to do the required act or show cause at a specified court time and place. A peremptory writ must follow a similar form but omit the show-cause language.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1087. The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and place then or thereafter specified by court order why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done as commanded must be omitted. (Amended by Stats. 1963, Ch. 461.)
  97. 1088.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    This section requires the court to hear the case, bars granting the writ by default, and sets notice-based rules for issuing an alternative or peremptory writ.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1088. When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is allowed, the peremptory may be issued in the first instance. With the alternative writ and also with any notice of an intention to apply for the writ, there must be served on each person against whom the writ is sought a copy of the petition. The notice of the application, when given, must be at least ten days. The writ cannot be granted by default. The case must be heard by the court, whether the adverse party appears or not. (Amended by Stats. 1907, Ch. 244.)
  98. 1088.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    In a trial court, if no alternative writ is sought, the proof of service does not need to be filed with the application at the time of filing, but it must be lodged with the court before a hearing or any court action.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1088.5. In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for a writ at the time of filing, but proof of service of a copy of the filed petition must be lodged with the court prior to a hearing or any action by the court. (Amended by Stats. 1983, Ch. 818, Sec. 1.)
  99. 1089.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    A person served with the writ or notice may respond by demurrer, verified answer, or both at the required return time; if the response is only a demurrer, the court may let an answer be filed later.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1089. On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to the return and answer, then at the time provided by those rules, the party upon whom the writ or notice has been served may make a return by demurrer, verified answer or both. If the return is by demurrer alone, the court may allow an answer to be filed within such time as it may designate. Nothing in this section affects rules of the Judicial Council governing original writ proceedings in reviewing courts. (Amended by Stats. 1971, Ch. 1475.)
  100. 1089.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    In a writ of mandate case, the respondent must answer or otherwise respond within 30 days, with a different 30-day deadline if the record was requested but not filed.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1089.5. Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been filed with the petition or where no record of a proceeding is required, the respondent shall answer or otherwise respond within 30 days after service of the petition. However, where a record of the proceeding to be reviewed has been requested pursuant to Section 11523 of the Government Code, or otherwise, and has not been filed with the petition, the party upon whom the petition has been served, including any real party in interest, shall answer or otherwise respond within 30 days following receipt of a copy of the record. (Amended by Stats. 1983, Ch. 818, Sec. 2.)
  101. 1090.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    If a factual issue essential to the motion arises, the court may send it to a jury and delay the argument until the verdict is certified.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1090. If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had, and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for him. (Amended by Stats. 1971, Ch. 1475.)
  102. 1091.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    On the trial, the applicant may object to the return’s sufficiency and may counter it with proof.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1091. On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance. (Amended by Stats. 1971, Ch. 1475.)
  103. 1092.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    A motion for new trial must be made in the court where the issue of fact is tried.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1092. The motion for new trial must be made in the Court in which the issue of fact is tried. (Enacted 1872.)
  104. 1093.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    The clerk must send a certified copy of the verdict to the court within five days after the verdict is rendered or the new-trial motion is denied. After that, either party may argue the application with reasonable notice to the other side.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1093. If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the Court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial; after which either party may bring on the argument of the application, upon reasonable notice to the adverse party. (Enacted 1872.)
  105. 1094.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    The court may hear a mandate case on the applicant’s papers if no return is made, and must proceed to hear or set a hearing date when the return raises only legal issues or immaterial statements.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1094. If no return be made, the case may be heard on the papers of the applicant. If the return raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the argument of the case. If a petition for a writ of mandate filed pursuant to Section 1088.5 presents no triable issue of fact or is based solely on an administrative record, the matter may be determined by the court by noticed motion of any party for a judgment on the peremptory writ. (Amended by Stats. 1982, Ch. 193, Sec. 3. Effective May 5, 1982.)
  106. 1094.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    This section governs how a court reviews certain final administrative orders or decisions on writ of mandate, including the record, standards of review, judgment, and stays.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1094.5. (a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. All or part of the record of the proceedings before the inferior tribunal, corporation, board, or officer may be filed with the petition, may be filed with respondent’s points and authorities, or may be ordered to be filed by the court. Except when otherwise prescribed by statute, the cost of preparing the record shall be borne by the petitioner. Where the petitioner has proceeded pursuant to Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and the Rules of Court implementing that section and where the transcript is necessary to a proper review of the administrative proceedings, the cost of preparing the transcript shall be borne by the respondent. Where the party seeking the writ has proceeded pursuant to Section 1088.5, the administrative record shall be filed as expeditiously as possible, and may be filed with the petition, or by the respondent after payment of the costs by the petitioner, where required, or as otherwise directed by the court. If the expense of preparing all or any part of the record has been borne by the prevailing party, the expense shall be taxable as costs. (b) The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence. (c) Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if the court determines that the findings are not supported by the weight of the evidence. In all other cases, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. (d) Notwithstanding subdivision (c), in cases arising from private hospital boards or boards of directors of districts organized pursuant to the Local Health Care District Law (Chapter 1 (commencing with Section 32000) of Division 23 of the Health and Safety Code) or governing bodies of municipal hospitals formed pursuant to Article 7 (commencing with Section 37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. However, in all cases in which the petition alleges discriminatory actions prohibited by Section 1316 of the Health and Safety Code, and the plaintiff makes a preliminary showing of substantial evidence in support of that allegation, the court shall exercise its independent judgment on the evidence and abuse of discretion shall be established if the court determines that the findings are not supported by the weight of the evidence. (e) Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing before respondent, it may enter judgment as provided in subdivision (f) remanding the case to be reconsidered in the light of that evidence; or, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, the court may admit the evidence at the hearing on the writ without remanding the case. (f) The court shall enter judgment either commanding respondent to set aside the order or decision, or denying the writ. Where the judgment commands that the order or decision be set aside, it may order the reconsideration of the case in light of the court’s opinion and judgment and may order respondent to take such further action as is specially enjoined upon it by law, but the judgment shall not limit or control in any way the discretion legally vested in the respondent. (g) Except as provided in subdivision (h), the court in which proceedings under this section are instituted may stay the operation of the administrative order or decision pending the judgment of the court, or until the filing of a notice of appeal from the judgment or until the expiration of the time for filing the notice, whichever occurs first. However, no such stay shall be imposed or continued if the court is satisfied that it is against the public interest. The application for the stay shall be accompanied by proof of service of a copy of the application on the respondent. Service shall be made in the manner provided by Title 4.5 (commencing with Section 405) of Part 2 or Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. If an appeal is taken from a denial of the writ, the order or decision of the agency shall not be stayed except upon the order of the court to which the appeal is taken. However, in cases where a stay is in effect at the time of filing the notice of appeal, the stay shall be continued by operation of law for a period of 20 days from the filing of the notice. If an appeal is taken from the granting of the writ, the order or decision of the agency is stayed pending the determination of the appeal unless the court to which the appeal is taken shall otherwise order. Where any final administrative order or decision is the subject of proceedings under this section, if the petition shall have been filed while the penalty imposed is in full force and effect, the determination shall not be considered to have become moot in cases where the penalty imposed by the administrative agency has been completed or complied with during the pendency of the proceedings. (h) (1) The court in which proceedings under this section are instituted may stay the operation of the administrative order or decision of any licensed hospital or any state agency made after a hearing required by statute to be conducted under the Administrative Procedure Act, as set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, conducted by the agency itself or an administrative law judge on the staff of the Office of Administrative Hearings pending the judgment of the court, or until the filing of a notice of appeal from the judgment or until the expiration of the time for filing the notice, whichever occurs first. However, the stay shall not be imposed or continued unless the court is satisfied that the public interest will not suffer and that the licensed hospital or agency is unlikely to prevail ultimately on the merits. The application for the stay shall be accompanied by proof of service of a copy of the application on the respondent. Service shall be made in the manner provided by Title 4.5 (commencing with Section 405) of Part 2 or Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. (2) The standard set forth in this subdivision for obtaining a stay shall apply to any administrative order or decision of an agency that issues licenses pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act. With respect to orders or decisions of other state agencies, the standard in this subdivision shall apply only when the agency has adopted the proposed decision of the administrative law judge in its entirety or has adopted the proposed decision but reduced the proposed penalty pursuant to subdivision (c) of Section 11517 of the Government Code; otherwise the standard in subdivision (g) shall apply. (3) If an appeal is taken from a denial of the writ, the order or decision of the hospital or agency shall not be stayed except upon the order of the court to which the appeal is taken. However, in cases where a stay is in effect at the time of filing the notice of appeal, the stay shall be continued by operation of law for a period of 20 days from the filing of the notice. If an appeal is taken from the granting of the writ, the order or decision of the hospital or agency is stayed pending the determination of the appeal unless the court to which the appeal is taken shall otherwise order. Where any final administrative order or decision is the subject of proceedings under this section, if the petition shall have been filed while the penalty imposed is in full force and effect, the determination shall not be considered to have become moot in cases where the penalty imposed by the administrative agency has been completed or complied with during the pendency of the proceedings. (i) Any administrative record received for filing by the clerk of the court may be disposed of as provided in Sections 1952, 1952.2, and 1952.3. (j) Effective January 1, 1996, this subdivision shall apply to state employees in State Bargaining Unit 5. For purposes of this section, the court is not authorized to review any disciplinary decisions reached pursuant to Section 19576.1 of the Government Code. (Amended by Stats. 2011, Ch. 296, Sec. 41. (AB 1023) Effective January 1, 2012.)
  107. 1094.6.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    A petition for writ of mandate must be filed within the section’s time limits, usually within 90 days after the decision becomes final.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1094.6. (a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing, the date, time, and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed. (c) The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case. (d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one. (e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5, suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for any retirement benefit or allowance. (f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section. As used in this subdivision, “party” means an officer or employee who has been suspended, demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply. (Amended by Stats. 1995, Ch. 898, Sec. 1. Effective January 1, 1996.)
  108. 1094.8.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    This section sets expedited procedures and deadlines for judicial review of certain permit or entitlement decisions involving expressive conduct protected by the First Amendment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1094.8. (a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be conducted in accordance with subdivision (d). (b) For purposes of this section, the following definitions shall apply: (1) The terms “permit” and “entitlement” are used interchangeably. (2) The term “permit applicant” means both an applicant for a permit and a permitholder. (3) The term “public agency” means a city, county, city and county, a joint powers authority or similar public entity formed pursuant to Section 65850.4 of the Government Code, or any other public entity authorized by law to issue permits for expressive conduct protected by the First Amendment to the United States Constitution. (c) A public agency may, if it so chooses, designate the permits or entitlements to which this section applies by adopting an ordinance or resolution which contains a specific listing or other description of the permits or entitlements issued by the public agency which are eligible for expedited judicial review pursuant to this section because the permits regulate expressive conduct protected by the First Amendment to the United States Constitution. (d) The procedure set forth in this subdivision, when applicable, shall supersede anything to the contrary set forth in this chapter. (1) Within five court days after receipt of written notification from a permit applicant that the permit applicant will seek judicial review of a public agency’s action on the permit, the public agency shall prepare, certify, and make available the administrative record to the permit applicant. (2) Either the public agency or the permit applicant may bring an action in accordance with the procedure set forth in this section. If the permit applicant brings the action, the action shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, as appropriate. (3) The party bringing the action pursuant to this section shall file and serve the petition on the respondent no later than 21 calendar days following the public agency’s final decision on the permit. The title page of the petition shall contain the following language in 18-point type: “ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.8 OF THE CODE OF CIVIL PROCEDURE.” (4) The clerk of the court shall set a hearing for review of the petition no later than 25 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. The petitioner shall lodge the administrative record with the court no later than 10 calendar days in advance of the hearing date. (5) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner consistent with constitutional requirements in view of the particular facts and circumstances. In no event shall the decision be rendered later than 20 calendar days after the matter is submitted or 50 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier. (e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any one or more of the deadlines provided within this section, the presiding judge shall request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. (f) In any action challenging the issuance, revocation, suspension, or denial of a permit or entitlement, the parties to the action shall be permitted to jointly waive the time limits provided for herein. (Added by Stats. 1999, Ch. 49, Sec. 1. Effective June 28, 1999.)
  109. 1094.9.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    This section gives expedited court review procedures for certain permit denials or other entitlements involving housing development projects or residential dwelling units.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1094.9. (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d). (b) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a party that has submitted an application or requested a permit for a housing development project. (2) “Department” means the Department of Housing and Community Development. (3) “Disapproves the housing development project” has the same meaning as described in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code. (4) “Housing development project” has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit. (5) “Local agency” means a city, county, city and county, district, or other local authority. (c) Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the hearing or trial. (d) The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter. (1) An applicant, the Attorney General, or the department may bring any action under this section. The action shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate. (2) Upon request of the applicant, or notice from the department or the Attorney General, the local agency shall prepare the record of its proceedings concurrently with the local agency’s proceedings. (A) This record of proceedings shall include, at a minimum, the local agency’s decision, filings, notices, orders, transcripts of the local agency’s administrative proceedings pertaining to the housing development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit. (B) The parties shall meet and confer to certify the record of proceedings no later than 15 days after a petition for writ of mandate is served. Any disputed items shall be subject to a separate motion to be specially noticed on or before the date of the hearing on the writ petition, and in accordance with any local court rules. (C) The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record. (3) The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed: (A) By the petitioner with the petition or petitioner’s points and authorities. (B) By the respondent with respondent’s points and authorities. (C) After payment of costs by the petitioner, or: (D) As otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. (4) A petitioner who elects to bring an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type: “ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE.” (5) The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before of the hearing date. (6) Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier. (e) If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge may request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to California Rules of Court Rule 2.812 and Section 68543.8 of the Government Code. Given the short time period involved, the request shall be entitled to priority. (Added by Stats. 2025, Ch. 527, Sec. 2. (SB 808) Effective January 1, 2026.)
  110. 1095.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    If judgment is given for the applicant, the applicant may recover damages and costs, and a peremptory mandate must be issued without delay.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1095. If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and a peremptory mandate must also be awarded without delay. Damages and costs may be enforced in the manner provided for money judgments generally. In all cases where the respondent is an officer of a public entity, all damages and costs, or either, which may be recovered or awarded, shall be recovered and awarded against the public entity represented by the officer, and not against the officer so appearing in the proceeding, and are a proper claim against the public entity for which the officer appeared and shall be paid as other claims against the public entity are paid; but in all such cases, the court shall first determine that the officer appeared and made defense in the proceeding in good faith. For the purpose of this section, “public entity” includes the state, a county, city, district or other public agency or public corporation. For the purpose of this section, “officer” includes officer, agent or employee. (Amended by Stats. 1982, Ch. 497, Sec. 73. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  111. 1096.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. )

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    A writ of mandate must be served like a summons in a civil action, unless the Court orders a different method. Service on a majority of a board or body counts as service on the whole board or body, whether or not it is in session.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 2. Writ of Mandate [[1084.] - [1097.]] ( Chapter 2 enacted 1872. ) ## 1096. The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a majority of the members of any Board or body, is service upon the Board or body, whether at the time of the service the Board or body was in session or not. (Enacted 1872.)
  112. 11.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

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    If this code requires a notice or other communication to be mailed by registered mail, mailing it by certified mail also counts as compliance.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 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 of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law. (Added by Stats. 1959, Ch. 426.)
  113. 1102.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 3. Writ of Prohibition [1102 - 1105] ( Chapter 3 enacted 1872. )

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    A writ of prohibition stops proceedings by a tribunal, corporation, board, or person exercising judicial functions when those proceedings are outside or beyond that body’s jurisdiction.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 3. Writ of Prohibition [1102 - 1105] ( Chapter 3 enacted 1872. ) ## 1102. The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person. (Amended by Stats. 1955, Ch. 971.)
  114. 1103.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 3. Writ of Prohibition [1102 - 1105] ( Chapter 3 enacted 1872. )

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    Courts may issue a writ of prohibition when there is no plain, speedy, and adequate remedy in the ordinary course of law.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 3. Writ of Prohibition [1102 - 1105] ( Chapter 3 enacted 1872. ) ## 1103. (a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficially interested. (b) The appellate division of the superior court may grant a writ of prohibition directed to the superior court in a limited civil case or in a misdemeanor or infraction case. Where the appellate division grants a writ of prohibition directed to the superior court, the superior court is an inferior tribunal for purposes of this chapter. (Amended by Stats. 2010, Ch. 212, Sec. 3. (AB 2767) Effective January 1, 2011.)
  115. 1104.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 3. Writ of Prohibition [1102 - 1105] ( Chapter 3 enacted 1872. )

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    A writ of prohibition must be either alternative or peremptory.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 3. Writ of Prohibition [1102 - 1105] ( Chapter 3 enacted 1872. ) ## 1104. The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show cause before such court at a time and place then or thereafter specified by court order why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted. (Amended by Stats. 1963, Ch. 461.)
  116. 1105.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 3. Writ of Prohibition [1102 - 1105] ( Chapter 3 enacted 1872. )

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    The rules from the preceding chapter apply to this proceeding, except for the first four sections of that chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 3. Writ of Prohibition [1102 - 1105] ( Chapter 3 enacted 1872. ) ## 1105. The provisions of the preceding Chapter, except of the first four sections thereof, apply to this proceeding. (Enacted 1872.)
  117. 1107.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 4. Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers [1107 - 1108] ( Chapter 4 enacted 1872. )

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    An applicant for a prerogative writ must file proof that the application was served on the respondent and the real party in interest; the court may allow ex parte granting for good cause, and the section does not apply to habeas corpus or certain commission review writs.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 4. Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers [1107 - 1108] ( Chapter 4 enacted 1872. ) ## 1107. When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest named in such application. The provisions of Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 shall apply to the service of the application. However, when a writ of mandate is sought pursuant to the provisions of Section 1088.5, the action may be filed and served in the same manner as an ordinary action under Part 2 (commencing with Section 307). Where the real party in respondent’s interest is a board or commission, the service shall be made upon the presiding officer, or upon the secretary, or upon a majority of the members, of the board or commission. Within five days after service and filing of the application, the real party in interest or the respondent or both may serve upon the applicant and file with the court points and authorities in opposition to the granting of the writ. The court in which the application is filed, in its discretion and for good cause, may grant the application ex parte, without notice or service of the application as herein provided. The provisions of this section shall not be applicable to applications for the writ of habeas corpus, or to applications for writs of review of the Industrial Accident or Public Utilities Commissions. (Amended by Stats. 1982, Ch. 812, Sec. 4.)
  118. 1108.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 4. Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers [1107 - 1108] ( Chapter 4 enacted 1872. )

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    Certain writs issued by listed courts may be made returnable, and a hearing may be held at any time, if the issuing court chooses.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 4. Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers [1107 - 1108] ( Chapter 4 enacted 1872. ) ## 1108. Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time. (Amended by Stats. 1967, Ch. 17.)
  119. 1109.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 5. Rules of Practice and Appeals [1109 - 1110b] ( Chapter 5 enacted 1872. )

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    This section says Part II of the Code applies as the rules of practice for the proceedings in this Title, unless this Title provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 5. Rules of Practice and Appeals [1109 - 1110b] ( Chapter 5 enacted 1872. ) ## 1109. Except as otherwise provided in this Title, the provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title. (Enacted 1872.)
  120. 1110.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 5. Rules of Practice and Appeals [1109 - 1110b] ( Chapter 5 enacted 1872. )

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    Part II rules on new trials and appeals apply to the proceedings in this Title unless they conflict with this Title.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 5. Rules of Practice and Appeals [1109 - 1110b] ( Chapter 5 enacted 1872. ) ## 1110. The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply to the proceedings mentioned in this Title. (Enacted 1872.)
  121. 1110a

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 5. Rules of Practice and Appeals [1109 - 1110b] ( Chapter 5 enacted 1872. )

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    An appeal does not stop a mandate order to deliver irrigation water; the water must keep being delivered until the appeal is finally decided. If the defendant must incur expense to connect the water supply, the plaintiff must provide a court-fixed bond before the defendant has to furnish the water.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 5. Rules of Practice and Appeals [1109 - 1110b] ( Chapter 5 enacted 1872. ) ## 1110a. If an appeal be taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for irrigation purposes, such appeal shall not stay the operation of the order, judgment or writ as to the delivery of such water, but such water must until the final determination of said appeal be delivered as commanded by said writ; provided, that if any expense is necessary to be incurred by the defendant in connecting the water supply with the land to be irrigated, said defendant shall not be obliged to furnish water unless the plaintiff shall provide a bond in such sum as the court may fix, conditioned that in the event of the judgment being reversed, plaintiff will pay defendant the amount of the expense so incurred not exceeding the amount of said bond. (Added by Stats. 1919, Ch. 358.)
  122. 1110b

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 5. Rules of Practice and Appeals [1109 - 1110b] ( Chapter 5 enacted 1872. )

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    If an appeal is taken from an order or judgment granting a writ of mandate, the court granting the writ or the appellate court may stop the appeal from staying execution if it is satisfied that the petitioner would suffer irreparable business or professional damage from a stay.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 1. OF WRITS OF REVIEW, MANDATE, AND PROHIBITION [[1067.] - 1110b] ( Title 1 enacted 1872. ) ## CHAPTER 5. Rules of Practice and Appeals [1109 - 1110b] ( Chapter 5 enacted 1872. ) ## 1110b. If an appeal be taken from an order or judgment granting a writ of mandate the court granting the writ, or the appellate court, may direct that the appeal shall not operate as a stay of execution if it is satisfied upon the showing made by the petitioner that he will suffer irreparable damage in his business or profession if the execution is stayed. (Added by Stats. 1941, Ch. 330.)
  123. 1132.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 1. Confession of Judgment Without Action [1132- 1132.] ( Chapter 1 enacted 1872. )

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    A judgment by confession cannot be entered in any superior court and is unenforceable, except for judgments obtained or entered before January 1, 2023.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 1. Confession of Judgment Without Action [1132- 1132.] ( Chapter 1 enacted 1872. ) ## 1132. (a) A judgment by confession is unenforceable and may not be entered in any superior court. (b) This section does not apply to a judgment by confession obtained or entered before January 1, 2023. (Amended by Stats. 2022, Ch. 851, Sec. 1. (SB 688) Effective January 1, 2023.)
  124. 1138.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2. Submitting a Controversy Without Action [1138 - 1140] ( Chapter 2 enacted 1872. )

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    Parties may submit a real dispute to a court by agreement without filing an action, and the court must hear the case and enter judgment if the required affidavit shows the dispute is real and made in good faith.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2. Submitting a Controversy Without Action [1138 - 1140] ( Chapter 2 enacted 1872. ) ## 1138. Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The Court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending. (Enacted 1872.)
  125. 1139.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2. Submitting a Controversy Without Action [1138 - 1140] ( Chapter 2 enacted 1872. )

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    Judgment must be entered as in other cases, and no costs may be awarded for proceedings before trial.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2. Submitting a Controversy Without Action [1138 - 1140] ( Chapter 2 enacted 1872. ) ## 1139. Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial. The case, the submission, and a copy of the judgment constitute the judgment roll. (Amended by Stats. 1933, Ch. 745.)
  126. 1140.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2. Submitting a Controversy Without Action [1138 - 1140] ( Chapter 2 enacted 1872. )

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    A judgment may be enforced the same way as a judgment in an action of the same jurisdictional classification in the same court, and it is also subject to appeal in the same way.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2. Submitting a Controversy Without Action [1138 - 1140] ( Chapter 2 enacted 1872. ) ## 1140. The judgment may be enforced in the same manner as if it had been rendered in an action of the same jurisdictional classification in the same court, and is in the same manner subject to appeal. (Amended by Stats. 1998, Ch. 931, Sec. 115. Effective September 28, 1998.)
  127. 1141.10.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    This section says small civil cases can be costly and slow, so courts should encourage or require arbitration when possible.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.10. (a) The Legislature finds and declares that litigation involving small civil cases can be so costly and complex that efficiently resolving these civil cases is difficult, and that the resulting delays and expenses may deny parties their right to a timely resolution of minor civil disputes. The Legislature further finds and declares that arbitration has proven to be an efficient and equitable method for resolving small civil cases, and that courts should encourage or require the use of arbitration for those actions whenever possible. (b) It is the intent of the Legislature that: (1) Arbitration hearings held pursuant to this chapter shall provide parties with a simplified and economical procedure for obtaining prompt and equitable resolution of their disputes. (2) Arbitration hearings shall be as informal as possible and shall provide the parties themselves maximum opportunity to participate directly in the resolution of their disputes, and shall be held during nonjudicial hours whenever possible. (3) Members of the State Bar selected to serve as arbitrators should have experience with cases of the type under dispute and are urged to volunteer their services without compensation whenever possible. (Amended by Stats. 2003, Ch. 449, Sec. 9. Effective January 1, 2004.)
  128. 1141.11.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    This section requires certain civil cases in superior courts to go to arbitration, with some exceptions and deadlines.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.11. (a) In each superior court with 18 or more judges, all nonexempt unlimited civil cases shall be submitted to arbitration under this chapter if the amount in controversy, in the opinion of the court, will not exceed fifty thousand dollars ($50,000) for each plaintiff. (b) In each superior court with fewer than 18 judges, the court may provide by local rule, when it determines that it is in the best interests of justice, that all nonexempt, unlimited civil cases shall be submitted to arbitration under this chapter if the amount in controversy, in the opinion of the court, will not exceed fifty thousand dollars ($50,000) for each plaintiff. (c) Each superior court may provide by local rule, when it is determined to be in the best interests of justice, that all nonexempt, limited civil cases shall be submitted to arbitration under this chapter. This section does not apply to any action in small claims court, or to any action maintained pursuant to Section 1781 of the Civil Code or Section 1161. (d) (1) In each court that has adopted judicial arbitration pursuant to subdivision (c), all limited civil cases that involve a claim for money damages against a single defendant as a result of a motor vehicle collision, except those heard in the small claims division, shall be submitted to arbitration within 120 days of the filing of the defendant’s answer to the complaint (except as may be extended by the court for good cause) before an arbitrator selected by the court. (2) The court may provide by local rule for the voluntary or mandatory use of case questionnaires, established under Section 93, in any proceeding subject to these provisions. Where local rules provide for the use of case questionnaires, the questionnaires shall be exchanged by the parties upon the defendant’s answer and completed and returned within 60 days. (3) For the purposes of this subdivision, the term “single defendant” means any of the following: (A) An individual defendant, whether a person or an entity. (B) Two or more persons covered by the same insurance policy applicable to the motor vehicle collision. (C) Two or more persons residing in the same household when no insurance policy exists that is applicable to the motor vehicle collision. (4) The naming of one or more cross-defendants, not a plaintiff, shall constitute a multiple-defendant case not subject to the provisions of this subdivision. (Amended by Stats. 2003, Ch. 449, Sec. 10. Effective January 1, 2004.)
  129. 1141.12.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    The Judicial Council must provide a uniform arbitration system in all superior courts for certain causes.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.12. In all superior courts, the Judicial Council shall provide by rule for a uniform system of arbitration of the following causes: (a) Any cause, regardless of the amount in controversy, upon stipulation of the parties. (b) Upon filing of an election by the plaintiff, any cause in which the plaintiff agrees that the arbitration award shall not exceed the amount in controversy as specified in Section 1141.11. (Amended by Stats. 2003, Ch. 449, Sec. 11. Effective January 1, 2004.)
  130. 1141.13.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    This chapter does not apply to civil actions seeking equitable relief, unless that request is frivolous or insubstantial.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.13. This chapter shall not apply to any civil action which includes a prayer for equitable relief, except that if the prayer for equitable relief is frivolous or insubstantial, this chapter shall be applicable. (Added by Stats. 1978, Ch. 743.)
  131. 1141.14.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    The Judicial Council must make rules for practice and procedure for actions submitted to arbitration under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.14. Notwithstanding any other provision of law except the provisions of this chapter, the Judicial Council shall provide by rule for practice and procedure for all actions submitted to arbitration under this chapter. The Judicial Council rules shall provide for and conform with the provisions of this chapter. (Added by Stats. 1978, Ch. 743.)
  132. 1141.15.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    The Judicial Council must make rule-based exceptions for cause to arbitration under Section 1141.11 and consider whether a civil action may not be suitable for arbitration.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.15. The Judicial Council rules shall provide exceptions for cause to arbitration pursuant to subdivision (a), (b), or (c) of Section 1141.11. In providing for such exceptions, the Judicial Council shall take into consideration whether the civil action might not be amenable to arbitration. (Added by Stats. 1978, Ch. 743.)
  133. 1141.16.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    The court must decide the amount in controversy and refer the case to arbitration after all parties have appeared or defaulted, while also deciding whether any equitable-relief request is frivolous or insubstantial.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.16. (a) The determination of the amount in controversy, under subdivision (a) or (b) of Section 1141.11, shall be made by the court and the case referred to arbitration after all named parties have appeared or defaulted. The determination shall be made at a case management conference or based upon review of the written submissions of the parties, as provided in rules adopted by the Judicial Council. The determination shall be based on the total amount of damages, and the judge may not consider questions of liability or comparative negligence or any other defense. At that time the court shall also make a determination whether any prayer for equitable relief is frivolous or insubstantial. The determination of the amount in controversy and whether any prayer for equitable relief is frivolous or insubstantial may not be appealable. No determination pursuant to this section shall be made if all parties stipulate in writing that the amount in controversy exceeds the amount specified in Section 1141.11. (b) The determination and any stipulation of the amount in controversy shall be without prejudice to any finding on the value of the case by an arbitrator or in a subsequent trial de novo. (c) Except as provided in this section, the arbitration hearing may not be held until 210 days after the filing of the complaint, or 240 days after the filing of a complaint if the parties have stipulated to a continuance pursuant to subdivision (d) of Section 68616 of the Government Code. A case shall be submitted to arbitration at an earlier time upon any of the following: (1) The stipulation of the parties to an earlier arbitration hearing. (2) The written request of all plaintiffs, subject to a motion by a defendant for good cause shown to delay the arbitration hearing. (3) An order of the court if the parties have stipulated, or the court has ordered under Section 1141.24, that discovery other than that permitted under Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4 will be permitted after the arbitration award is rendered. (Amended by Stats. 2004, Ch. 182, Sec. 14. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  134. 1141.17.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    Submitting an action to arbitration does not stop the running of the stated time periods, except as this section provides.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.17. (a) Submission of an action to arbitration pursuant to this chapter shall not suspend the running of the time periods specified in Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2, except as provided in this section. (b) If an action is or remains submitted to arbitration pursuant to this chapter more than four years and six months after the plaintiff has filed the action, then the time beginning on the date four years and six months after the plaintiff has filed the action and ending on the date on which a request for a de novo trial is filed under Section 1141.20 shall not be included in computing the five-year period specified in Section 583.310. (Amended by Stats. 1984, Ch. 1705, Sec. 6.)
  135. 1141.18.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    This section sets who may serve as arbitrators, how arbitrators are paid, when an arbitrator must be assigned, and when parties may seek disqualification.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.18. (a) Arbitrators shall be retired judges, retired court commissioners who were licensed to practice law prior to their appointment as a commissioner, or members of the State Bar, and shall sit individually. A judge may also serve as an arbitrator without compensation. People who are not attorneys may serve as arbitrators upon the stipulation of all parties. (b) The Judicial Council rules shall provide for the compensation, if any, of arbitrators. Compensation for arbitrators may not be less than one hundred fifty dollars ($150) per case, or one hundred fifty dollars ($150) per day, whichever is greater. A superior court may set a higher level of compensation for that court. Arbitrators may waive compensation in whole or in part. No compensation shall be paid before the filing of the award by the arbitrator, or before the settlement of the case by the parties. (c) In cases submitted to arbitration under Section 1141.11 or 1141.12, an arbitrator shall be assigned within 30 days from the time of submission to arbitration. (d) Any party may request the disqualification of the arbitrator selected for his or her case on the grounds and by the procedures specified in Section 170.1 or 170.6. A request for disqualification of an arbitrator on grounds specified in Section 170.6 shall be made within five days of the naming of the arbitrator. An arbitrator shall disqualify himself or herself, upon demand of any party to the arbitration made before the conclusion of the arbitration proceedings on any of the grounds specified in Section 170.1. (Amended by Stats. 2003, Ch. 449, Sec. 13. Effective January 1, 2004.)
  136. 1141.19.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

    Verify source ↗

    Arbitrators approved under this chapter have the powers needed to carry out their duties, as set by the Judicial Council.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.19. Arbitrators approved pursuant to this chapter shall have the powers necessary to perform duties pursuant to this chapter as prescribed by the Judicial Council. (Added by Stats. 1978, Ch. 743.)
  137. 1141.19.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    In arbitration under this chapter, a party may not demand production of certain Civil Code Section 3295 evidence unless the court allows pretrial discovery of that evidence.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.19.5. In any arbitration proceeding under this chapter, no party may require the production of evidence specified in subdivision (a) of Section 3295 of the Civil Code at the arbitration, unless the court enters an order permitting pretrial discovery of that evidence pursuant to subdivision (c) of Section 3295 of the Civil Code. (Amended by Stats. 1994, Ch. 327, Sec. 1. Effective January 1, 1995.)
  138. 1141.20.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    An arbitration award becomes final unless a request for a de novo trial or dismissal is filed within 60 days; any party may elect a de novo trial.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.20. (a) An arbitration award shall be final unless a request for a de novo trial or a request for dismissal in the form required by the Judicial Council is filed within 60 days after the date the arbitrator files the award with the court. (b) Any party may elect to have a de novo trial, by court or jury, both as to law and facts. Such trial shall be calendared, insofar as possible, so that the trial shall be given the same place on the active list as it had prior to arbitration, or shall receive civil priority on the next setting calendar. (Amended by Stats. 2011, Ch. 49, Sec. 3. (SB 731) Effective January 1, 2012.)
  139. 1141.21.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    If a party seeks a trial de novo but does not get a better result than the arbitration award, the court must order that party to pay specified nonrefundable costs and fees, unless hardship relief applies.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.21. (a) (1) If the judgment upon the trial de novo is not more favorable in either the amount of damages awarded or the type of relief granted for the party electing the trial de novo than the arbitration award, the court shall order that party to pay the following nonrefundable costs and fees, unless the court finds in writing and upon motion that the imposition of these costs and fees would create such a substantial economic hardship as not to be in the interest of justice: (A) To the court, the compensation actually paid to the arbitrator, less any amount paid pursuant to subparagraph (D). (B) To the other party or parties, all costs specified in Section 1033.5, and the party electing the trial de novo shall not recover his or her costs. (C) To the other party or parties, the reasonable costs of the services of expert witnesses, who are not regular employees of any party, actually incurred or reasonably necessary in the preparation or trial of the case. (D) To the other party or parties, the compensation paid by the other party or parties to the arbitrator, pursuant to subdivision (b) of Section 1141.28. (2) Those costs and fees, other than the compensation of the arbitrator, shall include only those incurred from the time of election of the trial de novo. (b) If the party electing the trial de novo has proceeded in the action in forma pauperis and has failed to obtain a more favorable judgment, the costs and fees under subparagraphs (B) and (C) of paragraph (1) of subdivision (a) shall be imposed only as an offset against any damages awarded in favor of that party. (c) If the party electing the trial de novo has proceeded in the action in forma pauperis and has failed to obtain a more favorable judgment, the costs under subparagraph (A) of paragraph (1) of subdivision (a) shall be imposed only to the extent that there remains a sufficient amount in the judgment after the amount offset under subdivision (b) has been deducted from the judgment. (Amended by Stats. 2006, Ch. 538, Sec. 66. Effective January 1, 2007.)
  140. 1141.22.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    Judicial Council rules must specify the grounds for when an arbitrator or a court may correct, modify, or vacate an award.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.22. The Judicial Council rules shall specify the grounds upon which the arbitrator or the court, or both, may correct, modify or vacate an award. (Added by Stats. 1978, Ch. 743.)
  141. 1141.23.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    An arbitrator must sign a written arbitration award; if no qualifying de novo-trial or dismissal request is made and the award is not vacated, the award is entered in the judgment book for the award amount.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.23. The arbitration award shall be in writing, signed by the arbitrator and filed in the court in which the action is pending. If there is no request for a de novo trial or a request for dismissal in the form required by the Judicial Council and the award is not vacated, the award shall be entered in the judgment book in the amount of the award. Such award shall have the same force and effect as a judgment in any civil action or proceeding, except that it is not subject to appeal and it may not be attacked or set aside except as provided by Section 473, 1286.2, or Judicial Council rule. (Amended by Stats. 2011, Ch. 49, Sec. 4. (SB 731) Effective January 1, 2012.)
  142. 1141.24.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    After an arbitration award, discovery is generally not allowed except as Chapter 18 allows, or if the parties stipulate or the court grants leave for good cause.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.24. In cases ordered to arbitration pursuant to Section 1141.11, no discovery other than that permitted by Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4 is permissible after an arbitration award except by stipulation of the parties or by leave of court upon a showing of good cause. (Amended by Stats. 2004, Ch. 182, Sec. 15. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  143. 1141.25.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    If arbitration proceedings or an arbitration award are mentioned during a later trial, that counts as an irregularity for purposes of Section 657.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.25. Any reference to the arbitration proceedings or arbitration award during any subsequent trial shall constitute an irregularity in the proceedings of the trial for the purposes of Section 657. (Added by Stats. 1978, Ch. 743.)
  144. 1141.26.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    This section allows an arbitration award to exceed the amount in controversy under Section 1141.11, and it exempts a party from Section 1141.21 in a trial de novo if the resulting judgment is also above that amount.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.26. Nothing in this act shall prohibit an arbitration award in excess of the amount in controversy as specified in Section 1141.11. No party electing a trial de novo after such award shall be subject to the provisions of Section 1141.21 if the judgment upon the trial de novo is in excess of the amount in controversy as specified in Section 1141.11. (Amended by Stats. 1981, Ch. 1110, Sec. 4.)
  145. 1141.27.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    This chapter applies to civil actions within its scope when a party is a public agency or public entity.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.27. This chapter shall apply to any civil action otherwise within the scope of this chapter in which a party to the action is a public agency or public entity. (Added by Stats. 1978, Ch. 743.)
  146. 1141.28.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    The court generally pays arbitration administrative costs, but in certain stipulated proceedings the parties split arbitrator compensation equally. If that would cause substantial economic hardship, the court may pay that party’s share.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.28. (a) All administrative costs of arbitration, including compensation of arbitrators, shall be paid for by the court in which the arbitration costs are incurred, except as otherwise provided in subdivision (b) and in Section 1141.21. (b) The actual costs of compensation of arbitrators in any proceeding which would not otherwise be subject to the provisions of this chapter but in which arbitration is conducted pursuant to this chapter solely because of the stipulation of the parties, shall be paid for in equal shares by the parties. If the imposition of these costs would create such a substantial economic hardship for any party as not to be in the interest of justice, as determined by the arbitrator, that party’s share of costs shall be paid for by the court in which the arbitration costs are incurred. The determination as to substantial economic hardship may be reviewed by the court. (Amended by Stats. 2000, Ch. 447, Sec. 3. Effective January 1, 2001.)
  147. 1141.30.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    This chapter must not be read as weakening Title 9, and the two provisions are meant to operate separately and independently to that extent.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.30. This chapter shall not be construed in derogation of Title 9 (commencing with Section 1280) of Part 3, and, to that extent, this chapter and that title are mutually exclusive and independent of each other. (Amended by Stats. 2025, Ch. 200, Sec. 10. (AB 1521) Effective January 1, 2026.)
  148. 1141.31.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. )

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    This chapter takes effect on July 1, 1979, and the Judicial Council must adopt arbitration rules for practice and procedures by March 31, 1979.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 2.5. Judicial Arbitration [1141.10 - 1141.31] ( Chapter 2.5 repealed and added by Stats. 1978, Ch. 743. ) ## 1141.31. The provisions of this chapter shall become operative July 1, 1979, except that the Judicial Council shall adopt the arbitration rules for practice and procedures on or before March 31, 1979. (Added by Stats. 1978, Ch. 743.)
  149. 1159.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. )

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    The section defines forcible entry and says a person is guilty of it if they enter real property by breaking in, violence, or terror, or if they remove a peaceable entrant from possession by force, threats, or menacing conduct.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1159. (a) Every person is guilty of a forcible entry who either: (1) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property. (2) Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession. (b) For purposes of this section, “party in possession” means any person who hires real property and includes a boarder or lodger, except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code. (Amended by Stats. 2018, Ch. 92, Sec. 42. (SB 1289) Effective January 1, 2019.)
  150. 116.110.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 1. General Provisions [116.110 - 116.140] ( Article 1 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    This chapter may be called and cited as “The Small Claims Act.”

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 1. General Provisions [116.110 - 116.140] ( Article 1 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.110. This chapter shall be known and may be cited as “The Small Claims Act.” (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
  151. 116.120.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 1. General Provisions [116.110 - 116.140] ( Article 1 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    This section says small claims procedures should favor the convenience of individual parties and witnesses, as far as possible.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 1. General Provisions [116.110 - 116.140] ( Article 1 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.120. The Legislature hereby finds and declares as follows: (a) Individual minor civil disputes are of special importance to the parties and of significant social and economic consequence collectively. (b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairly, it is essential to provide a judicial forum accessible to all parties directly involved in resolving these disputes. (c) The small claims divisions have been established to provide a forum to resolve minor civil disputes, and for that reason constitute a fundamental element in the administration of justice and the protection of the rights and property of individuals. (d) The small claims divisions, the provisions of this chapter, and the rules of the Judicial Council regarding small claims actions shall operate to ensure that the convenience of parties and witnesses who are individuals shall prevail, to the extent possible, over the convenience of any other parties or witnesses. (Amended by Stats. 1998, Ch. 931, Sec. 37. Effective September 28, 1998.)
  152. 116.130.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 1. General Provisions [116.110 - 116.140] ( Article 1 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    This section defines key terms used in the small claims court chapter.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 1. General Provisions [116.110 - 116.140] ( Article 1 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.130. In this chapter, unless the context indicates otherwise: (a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff. (b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim. (c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered. (d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered. (e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, or other entity. (f) “Individual” means a natural person. (g) “Party” means a plaintiff or defendant. (h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter. (i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct. (j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge. (k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise. (Amended by Stats. 2003, Ch. 449, Sec. 4. Effective January 1, 2004.)
  153. 116.140.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 1. General Provisions [116.110 - 116.140] ( Article 1 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    In small claims actions, certain rules on mailing-related time extensions and prejudgment attachments do not apply.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 1. General Provisions [116.110 - 116.140] ( Article 1 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 the time for taking action when notice is given by mail. (b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of prejudgment attachments. (Added by Stats. 1991, Ch. 915, Sec. 2.)
  154. 116.210.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    Each superior court must have a small claims division.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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. (Amended by Stats. 2002, Ch. 784, Sec. 30. Effective January 1, 2003.)
  155. 116.220.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    This section gives the small claims court jurisdiction over several kinds of cases, subject to dollar limits and other exceptions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.220. (a) The small claims court has jurisdiction in the following actions: (1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250). (2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant. (3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250). (4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. (5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief. (b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order. (c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows: (1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply. (2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125). (3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125). (4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000). (d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment. (e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiff’s administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiff’s administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation. (f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiff’s discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof. (g) For purposes of this section, “department” includes an employee of a department against whom a claim has been filed under this chapter arising out of an employee’s duties as an employee of that department. (Amended by Stats. 2023, Ch. 861, Sec. 5. (SB 71) Effective January 1, 2024.)
  156. 116.221.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    The small claims court has jurisdiction over certain actions brought by a natural person when the demand is $12,500 or less, unless other specified provisions prohibit it.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231. (Amended by Stats. 2023, Ch. 861, Sec. 6. (SB 71) Effective January 1, 2024.)
  157. 116.222.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    For debt-enforcement actions, the calculation of liability must list the original debt, all payments, added fees and charges, other debits or charges, and an explanation of those items by source and amount.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 credited to the debt, each fee and charge added to the debt, each payment credited against those fees and charges, all other debits or charges to the account, and an explanation of the nature of those fees, charges, debits, and all other credits to the debt, by source and amount. (Added by Stats. 2005, Ch. 618, Sec. 3. Effective January 1, 2006.)
  158. 116.225.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    Agreements made or renewed on or after January 1, 2003 that set a forum outside California for certain small-claims-type consumer disputes are void and unenforceable.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 provision of goods, services, property, or extensions of credit primarily for personal, family, or household purposes that is otherwise within the jurisdiction of a small claims court of this state is contrary to public policy and is void and unenforceable. (Added by Stats. 2002, Ch. 247, Sec. 1. Effective January 1, 2003.)
  159. 116.230.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    This section sets small-claims filing fees, requires a claim-filing declaration about prior small-claims filings, and directs how collected fees are deposited and distributed.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 a claim has filed 12 or fewer small claims in the state within the previous 12 months, the filing fee is the following: (1) Thirty dollars ($30) if the amount of the demand is one thousand five hundred dollars ($1,500) or less. (2) Fifty dollars ($50) if the amount of the demand is more than one thousand five hundred dollars ($1,500) but less than or equal to five thousand dollars ($5,000). (3) Seventy-five dollars ($75) if the amount of the demand is more than five thousand dollars ($5,000). (c) If the party has filed more than 12 other small claims in the state within the previous 12 months, the filing fee is one hundred dollars ($100). (d) (1) If, after having filed a claim and paid the required fee under paragraph (1) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (2) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is twenty dollars ($20). (2) If, after having filed a claim and paid the required fee under paragraph (2) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (3) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is twenty-five dollars ($25). (3) If, after having filed a claim and paid the required fee under paragraph (1) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (3) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is forty-five dollars ($45). (4) The additional fees paid under this subdivision are due upon filing. The court shall not reimburse a party if the party’s claim is amended to demand a lower amount that falls within the range for a filing fee lower than that originally paid. (e) Each party filing a claim shall file a declaration with the claim stating whether that party has filed more than 12 other small claims in the state within the last 12 months. (f) The clerk of the court shall deposit fees collected under this section into a bank account established for this purpose by the Administrative Office of the Courts and maintained under rules adopted by or trial court financial policies and procedures authorized by the Judicial Council under subdivision (a) of Section 77206 of the Government Code. The deposits shall be made as required under Section 68085.1 of the Government Code and trial court financial policies and procedures authorized by the Judicial Council. (g) (1) The Administrative Office of the Courts shall distribute six dollars ($6) of each thirty-dollar ($30) fee, eight dollars ($8) of each fifty-dollar ($50) fee, ten dollars ($10) of each seventy-five-dollar ($75) fee, and fourteen dollars ($14) of each one hundred-dollar ($100) fee collected under subdivision (b) or (c) to a special account in the county in which the court is located to be used for the small claims advisory services described in Section 116.940, or, if the small claims advisory services are administered by the court, to the court. The Administrative Office of the Courts shall also distribute two dollars ($2) of each seventy-five-dollar ($75) fee collected under subdivision (b) to the law library fund in the county in which the court is located. (2) From the fees collected under subdivision (d), the Administrative Office of the Courts shall distribute two dollars ($2) to the law library fund in the county in which the court is located, and three dollars ($3) to the small claims advisory services described in Section 116.940, or, if the small claims advisory services are administered by the court, to the court. (3) Records of these moneys shall be available from the Administrative Office of the Courts for inspection by the public on request. (4) Nothing in this section precludes the court or county from contracting with a third party to provide small claims advisory services as described in Section 116.940. (h) The remainder of the fees collected under subdivisions (b), (c), and (d) shall be transmitted monthly to the Controller for deposit in the Trial Court Trust Fund. (i) All money distributed under this section to be used for small claims advisory services shall be used only for providing those services as described in Section 116.940. Nothing in this section shall preclude the county or the court from procuring other funding to comply with the requirements of Section 116.940. (Amended by Stats. 2007, Ch. 738, Sec. 3. Effective January 1, 2008.)
  160. 116.231.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    This section limits how many high-value small claims actions a person may file in a year, requires a perjury declaration for such filings, and exempts certain local public entities under specific conditions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 five hundred dollars ($2,500), anywhere in the state in any calendar year. (b) Except as provided in subdivision (d), if the amount demanded in any small claims action exceeds two thousand five hundred dollars ($2,500), the party making the demand shall file a declaration under penalty of perjury attesting to the fact that not more than two small claims actions in which the amount of the demand exceeded two thousand five hundred dollars ($2,500) have been filed by that party in this state within the calendar year. (c) The Legislature finds and declares that the pilot project conducted under the authority of Chapter 1196 of the Statutes of 1991 demonstrated the efficacy of the removal of the limitation on the number of actions public entities may file in the small claims courts on claims exceeding two thousand five hundred dollars ($2,500). (d) The limitation on the number of filings exceeding two thousand five hundred dollars ($2,500) does not apply to filings where the claim does not exceed five thousand dollars ($5,000) that are filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity. If any small claims action is filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity pursuant to this section, and the defendant informs the court either in advance of the hearing by written notice or at the time of the hearing, that he or she is represented in the action by legal counsel, the action shall be transferred out of the small claims division. A city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity may not file a claim within the small claims division if the amount of the demand exceeds five thousand dollars ($5,000). (Amended by Stats. 1998, Ch. 931, Sec. 39. Effective September 28, 1998.)
  161. 116.232.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    A plaintiff must pay a $15 fee for each defendant who receives a mailed copy of the claim from the court clerk under Section 116.340.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.232. A fee of fifteen dollars ($15) shall be charged and collected from the plaintiff for each defendant to whom the court clerk mails a copy of the claim under Section 116.340. This fee shall be distributed to the court in which it was collected. (Amended by Stats. 2013, Ch. 31, Sec. 1. (SB 75) Effective June 27, 2013.)
  162. 116.240.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    A court may send a case to a temporary judge with the parties’ consent, and temporary judges in small claims court must complete a court-offered course on ethics and substantive law before serving and every three years.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 State Bar, and who has been sworn and empowered to act until final determination of the case. (b) Prior to serving as a temporary judge in small claims court, on and after July 1, 2006, and at least every three years thereafter, each temporary judge shall take the course of study offered by the courts on ethics and substantive law under rules adopted by the Judicial Council. The course shall include, but not be limited to, state and federal consumer laws, landlord-tenant law along with any applicable county specific rent deposit law, the state and federal Fair Debt Collection Practices Acts, the federal Truth in Lending Act, the federal Fair Credit Billing Act, the federal Electronic Fund Transfer Act, tort law, and contract law, including defenses to contracts and defenses to debts. On substantive law, the courts may receive assistance from the Department of Consumer Affairs, to the extent that the department is fiscally able to provide that assistance. (Amended by Stats. 2005, Ch. 618, Sec. 4. Effective January 1, 2006.)
  163. 116.250.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    Small claims court sessions may be scheduled any time except other judicial holidays, and qualifying superior court small claims divisions must hold at least one night or Saturday session each month.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.250. (a) Sessions of the small claims court may be scheduled at any time and on any day, including Saturdays, but excluding other judicial holidays. (b) Each small claims division of a superior court with seven or more judicial officers shall conduct at least one night session or Saturday session each month for the purpose of hearing small claims cases other than small claims appeals. The term “session” includes, but is not limited to, a proceeding conducted by a member of the State Bar acting as a mediator or referee. (Amended by Stats. 2003, Ch. 149, Sec. 4. Effective January 1, 2004.)
  164. 116.260.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    In each county, individual assistance must be available to advise small claims litigants and potential litigants without charge.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.260. In each county, individual assistance shall be made available to advise small claims litigants and potential litigants without charge as provided in Section 116.940 and by rules adopted by the Judicial Council. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
  165. 116.270.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    A small claims division may use law clerks to help the judge with legal research in small claims cases.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 2. Small Claims Court [116.210 - 116.270] ( Article 2 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.270. Any small claims division may use law clerks to assist the judge with legal research of small claims cases. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
  166. 116.310.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    Small claims actions do not require any formal pleading other than the claim described in Section 116.320 or 116.360, and pretrial discovery procedures under Section 2019.010 are not allowed.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.310. (a) No formal pleading, other than the claim described in Section 116.320 or 116.360, is necessary to initiate a small claims action. (b) The pretrial discovery procedures described in Section 2019.010 are not permitted in small claims actions. (Amended by Stats. 2004, Ch. 182, Sec. 7. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  167. 116.320.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    A plaintiff may start a small claims case by filing an oath-bound claim with the court clerk, and may request a fee waiver if unable to pay. The plaintiff may not be represented by an attorney and has no right of appeal.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 mail, by facsimile transmission if authorized pursuant to Section 1010.5, or by electronic means as authorized by Section 1010.6. (b) The claim form shall be a simple nontechnical form approved or adopted by the Judicial Council. The claim form shall set forth a place for (1) the name and address of the defendant, if known; (2) the amount and the basis of the claim; (3) that the plaintiff, where possible, has demanded payment and, in applicable cases, possession of the property; (4) that the defendant has failed or refused to pay, and, where applicable, has refused to surrender the property; and (5) that the plaintiff understands that the judgment on his or her claim will be conclusive and without a right of appeal. (c) The form or accompanying instructions shall include information that the plaintiff (1) may not be represented by an attorney, (2) has no right of appeal, and (3) may ask the court to waive fees for filing and serving the claim on the ground that the plaintiff is unable to pay them, using the forms approved by the Judicial Council for that purpose. (Amended by Stats. 2007, Ch. 738, Sec. 4. Effective January 1, 2008.)
  168. 116.330.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    When a claim is filed, the clerk must schedule a hearing and issue an order telling the parties to appear with witnesses and documents.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 the hearing with witnesses and documents to prove their claim or defense. The case shall be scheduled for hearing no earlier than 20 days but not more than 70 days from the date of the order. (b) In lieu of the method of setting the case for hearing described in subdivision (a), at the time a claim is filed the clerk may do all of the following: (1) Cause a copy of the claim to be mailed to the defendant by any form of mail providing for a return receipt. (2) On receipt of proof that the claim was served as provided in paragraph (1), issue an order scheduling the case for hearing in accordance with subdivision (a) and directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense. (3) Cause a copy of the order setting the case for hearing and directing the parties to appear, to be served upon the parties by any form of mail providing for a return receipt. (Amended by Stats. 2005, Ch. 706, Sec. 4. Effective January 1, 2006.)
  169. 116.340.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    This section sets out how a small-claims claim and order may be served, when service must be completed, and when proof of service must be filed.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 and order to be mailed to the defendant by any form of mail providing for a return receipt. (2) The plaintiff may cause a copy of the claim and order to be delivered to the defendant in person. (3) The plaintiff may cause service of a copy of the claim and order to be made by substituted service as provided in subdivision (a) or (b) of Section 415.20 without the need to attempt personal service on the defendant. For these purposes, substituted service as provided in subdivision (b) of Section 415.20 may be made at the office of the sheriff or marshal who shall deliver a copy of the claim and order to any person authorized by the defendant to receive service, as provided in Section 416.90, who is at least 18 years of age, and thereafter mailing a copy of the claim and order to the defendant’s usual mailing address. (4) The clerk may cause a copy of the claim to be mailed, the order to be issued, and a copy of the order to be mailed as provided in subdivision (b) of Section 116.330. (b) Service of the claim and order on the defendant shall be completed at least 15 days before the hearing date if the defendant resides within the county in which the action is filed, or at least 20 days before the hearing date if the defendant resides outside the county in which the action is filed. (c) Proof of service of the claim and order shall be filed with the small claims court at least five days before the hearing. (d) Service by the methods described in subdivision (a) shall be deemed complete on the date that the defendant signs the mail return receipt, on the date of the personal service, as provided in Section 415.20, or as established by other competent evidence, whichever applies to the method of service used. (e) Service shall be made within this state, except as provided in subdivisions (f) and (g). (f) The owner of record of real property in California who resides in another state and who has no lawfully designated agent in California for service of process may be served by any of the methods described in this section if the claim relates to that property. (g) A nonresident owner or operator of a motor vehicle involved in an accident within this state may be served pursuant to the provisions on constructive service in Sections 17450 to 17461, inclusive, of the Vehicle Code without regard to whether the defendant was a nonresident at the time of the accident or when the claim was filed. Service shall be made by serving both the Director of the California Department of Motor Vehicles and the defendant, and may be made by any of the methods authorized by this chapter or by registered mail as authorized by Section 17454 or 17455 of the Vehicle Code. (h) If an action is filed against a principal and his or her guaranty or surety pursuant to a guarantor or suretyship agreement, a reasonable attempt shall be made to complete service on the principal. If service is not completed on the principal, the action shall be transferred to the court of appropriate jurisdiction. (Amended by Stats. 2005, Ch. 706, Sec. 5. Effective January 1, 2006.)
  170. 116.360.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    A defendant in small claims court may file a claim against the plaintiff in the same case, if it stays within the jurisdictional limits, and must serve it on the plaintiff within the stated deadlines.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 116.220, 116.221, and 116.231. The claim need not relate to the same subject or event as the plaintiff’s claim. (b) The defendant’s claim shall be filed and served in the manner provided for filing and serving a claim of the plaintiff under Sections 116.330 and 116.340. (c) The defendant shall cause a copy of the claim and order to be served on the plaintiff at least five days before the hearing date, unless the defendant was served 10 days or less before the hearing date, in which event the defendant shall cause a copy of the defendant’s claim and order to be served on the plaintiff at least one day before the hearing date. (Amended by Stats. 2006, Ch. 167, Sec. 4. Effective January 1, 2007.)
  171. 116.370.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    In small claims actions, the court must check venue and court location, and it may set proper court locations by local rule.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 the proper court locations for small claims actions. (b) A defendant may challenge venue or court location by writing to the court and mailing a copy of the challenge to each of the other parties to the action, without personally appearing at the hearing. (c) In all cases, including those in which the defendant does not either challenge venue or court location or appear at the hearing, the court shall inquire into the facts sufficiently to determine whether venue and court location are proper, and shall make its determination accordingly. (1) If the court determines that the action was not commenced in the proper venue, the court, on its own motion, shall dismiss the action without prejudice, unless all defendants are present and agree that the action may be heard. If the court determines that the action was not commenced in the proper court location, the court may transfer the action to a proper location pursuant to local rule. (2) If the court determines that the action was commenced in the proper venue and court location, the court may hear the case if all parties are present. If the defendant challenged venue or court location and all parties are not present, the court shall postpone the hearing for at least 15 days and shall notify all parties by mail of the court’s decision and the new hearing date, time, and place. (Amended by Stats. 2002, Ch. 806, Sec. 4. Effective January 1, 2003.)
  172. 116.390.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    A defendant with a related claim above small-claims jurisdiction limits may ask to transfer the case, but must file the request on time and serve the plaintiff; the court may grant, deny, or decide the transfer motion in several ways.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 3. Actions [116.310 - 116.390] ( Article 3 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.390. (a) If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff’s claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction and request the small claims court to transfer the small claims action to that court. (b) The defendant may make the request by filing with the small claims court in which the plaintiff commenced the action, at or before the time set for the hearing of that action, a declaration stating the facts concerning the defendant’s action against the plaintiff with a true copy of the complaint so filed by the defendant against the plaintiff. The defendant shall cause a copy of the declaration and complaint to be personally delivered to the plaintiff at or before the time set for the hearing of the small claims action. (c) In ruling on a motion to transfer, the small claims court may do any of the following: (1) render judgment on the small claims case prior to the transfer; (2) not render judgment and transfer the small claims case; (3) refuse to transfer the small claims case on the grounds that the ends of justice would not be served. If the small claims action is transferred prior to judgment, both actions shall be tried together in the transferee court. (d) When the small claims court orders the action transferred, it shall transmit all files and papers to the transferee court. (e) The plaintiff in the small claims action shall not be required to pay to the clerk of the transferee court any transmittal, appearance, or filing fee unless the plaintiff appears in the transferee court, in which event the plaintiff shall be required to pay the filing fee and any other fee required of a defendant in the transferee court. However, if the transferee court rules against the plaintiff in the action filed in that court, the court may award to the defendant in that action the costs incurred as a consequence of the transfer, including attorney’s fees and filing fees. (Amended by Stats. 2006, Ch. 167, Sec. 5. Effective January 1, 2007.)
  173. 116.410.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 4. Parties [116.410 - 116.430] ( Article 4 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    A competent adult or emancipated person may be a party in small claims court; a minor or incompetent person may appear through a guardian ad litem appointed by the judge.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 4. Parties [116.410 - 116.430] ( Article 4 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 minor or incompetent person may appear by a guardian ad litem appointed by a judge of the court in which the action is filed. (Amended by Stats. 2004, Ch. 171, Sec. 1. Effective January 1, 2005.)
  174. 116.420.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 4. Parties [116.410 - 116.430] ( Article 4 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    An assignee may not file or keep a claim in small claims court, with listed exceptions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 4. Parties [116.410 - 116.430] ( Article 4 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 defense of an action in the small claims court by (1) a trustee in bankruptcy in the exercise of the trustee’s duties as trustee, or (2) by the holder of a security agreement, retail installment contract, or lien contract subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the Automobile Sales Finance Act (Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code), purchased by the holder for the holder’s portfolio of investments, provided that the holder is not an assignee for the purpose of collection. (c) This section does not prevent the filing in small claims court by a local government which is self-insured for purposes of workers’ compensation and is seeking subrogation pursuant to Section 3852 of the Labor Code. (Amended by Stats. 1994, Ch. 231, Sec. 1. Effective January 1, 1995.)
  175. 116.430.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 4. Parties [116.410 - 116.430] ( Article 4 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    If a plaintiff is using a fictitious business name for the related claim, the claim must include a declaration showing compliance with the fictitious business name laws. A small claims action filed without that compliance must be dismissed without prejudice.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 4. Parties [116.410 - 116.430] ( Article 4 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.430. (a) If the plaintiff operates or does business under a fictitious business name and the claim relates to that business, the claim shall be accompanied by the filing of a declaration stating that the plaintiff has complied with the fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required. (b) A small claims action filed by a person who has not complied with the applicable fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required shall be dismissed without prejudice. (c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code, and “fictitious business name statement” means the statement described in Section 17913 of the Business and Professions Code. (Amended by Stats. 1991, Ch. 915, Sec. 12.)
  176. 116.510.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    Small claims hearings and dispositions must be informal and aim to resolve the case promptly, fairly, and inexpensively.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.510. The hearing and disposition of the small claims action shall be informal, the object being to dispense justice promptly, fairly, and inexpensively. (Amended by Stats. 1991, Ch. 915, Sec. 13.)
  177. 116.520.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    In this hearing, the parties may present witness evidence, and the court may let that happen at another time with permission. If the defendant does not appear, the court must still require the plaintiff to prove the claim with evidence.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 defendant fails to appear, the court shall still require the plaintiff to present evidence to prove his or her claim. (c) The court may consult witnesses informally and otherwise investigate the controversy with or without notice to the parties. (Added by Stats. 1990, Ch. 1305, Sec. 3.)
  178. 116.530.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    Attorneys generally may not take part in the conduct or defense of a small claims action, except for listed exceptions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 not apply if the attorney is appearing to maintain or defend an action in any of the following capacities: (1) By or against himself or herself. (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys. (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys. (c) Nothing in this section shall prevent an attorney from doing any of the following: (1) Providing advice to a party to a small claims action, either before or after the commencement of the action. (2) Testifying to facts of which he or she has personal knowledge and about which he or she is competent to testify. (3) Representing a party in an appeal to the superior court. (4) Representing a party in connection with the enforcement of a judgment. (Amended by Stats. 2003, Ch. 449, Sec. 5. Effective January 1, 2004.)
  179. 116.531.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    In small claims court, an insurer representative or other expert may assist a party and may testify to facts within their personal knowledge and competence, but not during the hearing and not if another law forbids it.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.531. Nothing in this article shall prevent a representative of an insurer or other expert in the matter before the small claims court from rendering assistance to a party in the litigation except during the conduct of the hearing, either before or after the commencement of the action, unless otherwise prohibited by law; nor shall anything in this article prevent those individuals from testifying to facts of which they have personal knowledge and about which they are competent to testify. (Added by Stats. 1990, Ch. 1683, Sec. 5.)
  180. 116.540.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    This section limits who may participate in a small claims case and sets conditions for certain representatives to appear instead of the party.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 claims action. (b) Except as additionally provided in subdivision (i), a corporation may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, who is employed, appointed, or elected for purposes other than solely representing the corporation in small claims court. (c) A party who is not a corporation or a natural person may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, or in the case of a partnership, a partner, engaged for purposes other than solely representing the party in small claims court. (d) If a party is an individual doing business as a sole proprietorship, the party may appear and participate in a small claims action by a representative and without personally appearing if both of the following conditions are met: (1) The claim can be proved or disputed by evidence of an account that constitutes a business record as defined in Section 1271 of the Evidence Code, and there is no other issue of fact in the case. (2) The representative is a regular employee of the party for purposes other than solely representing the party in small claims actions and is qualified to testify to the identity and mode of preparation of the business record. (e) A plaintiff who is a service member is not required to personally appear, and may submit declarations to serve as evidence supporting their claim, appear via video appearance, or allow another individual to appear and participate on their behalf, if the service member is assigned to a location more than 100 miles from the court where the action is proceeding, or is otherwise unable to personally appear due to the performance of military duty, the representative is serving without compensation, other than compensation from the United States or the State of California, and, except as to representatives who are employed by the United States or the State of California, the representative has appeared in small claims actions on behalf of others no more than four times during the calendar year. The defendant may file a claim in the same action in an amount not to exceed the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231. (f) A party incarcerated in a county jail, a Department of Corrections and Rehabilitation facility, or a Division of Juvenile Facilities facility is not required to personally appear, and may submit declarations to serve as evidence supporting their claim, or may authorize another individual to appear and participate on their behalf if that individual is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year. (g) A defendant who is a nonresident owner of real property may defend against a claim relating to that property without personally appearing by (1) submitting written declarations to serve as evidence supporting their defense, (2) allowing another individual to appear and participate on their behalf if that individual is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year, or (3) taking the action described in both (1) and (2). (h) A party who is an owner of rental real property may appear and participate in a small claims action through a property agent under contract with the owner to manage the rental of that property, if (1) the owner has retained the property agent principally to manage the rental of that property and not principally to represent the owner in small claims court, and (2) the claim relates to the rental property. (i) A party that is an association created to manage a common interest development, as defined in Section 4100 or in Sections 6528 and 6534 of the Civil Code, may appear and participate in a small claims action through an agent, a management company representative, or bookkeeper who appears on behalf of that association. (j) At the hearing of a small claims action, the court shall require any individual who is appearing as a representative of a party under subdivisions (b) to (i), inclusive, to file a declaration stating (1) that the individual is authorized to appear for the party, and (2) the basis for that authorization. If the representative is appearing under subdivision (b), (c), (d), (h), or (i), the declaration also shall state that the individual is not employed solely to represent the party in small claims court. If the representative is appearing under subdivision (e), (f), or (g), the declaration also shall state that the representative is serving without compensation, and has appeared in small claims actions on behalf of others no more than four times during the calendar year. (k) A spouse who sues or who is sued with their spouse may appear and participate on behalf of their spouse if (1) the claim is a joint claim, (2) the represented spouse has given their consent, and (3) the court determines that the interests of justice would be served. (l) If the court determines that a party cannot properly present their claim or defense and needs assistance, the court may in its discretion allow another individual to assist that party. (m) Nothing in this section shall operate or be construed to authorize an attorney to participate in a small claims action except as expressly provided in Section 116.530. (Amended by Stats. 2022, Ch. 620, Sec. 3. (SB 1311) Effective January 1, 2023.)
  181. 116.541.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    This section lets the Department of Corrections or the Department of the Youth Authority appear in small claims court through certain regular employees, requires a declaration from their representative at the hearing, and bars this section from being used to authorize attorney participation except as otherwise allowed.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.541. (a) Notwithstanding Section 116.540 or any other provision of law, the Department of Corrections or the Department of the Youth Authority may appear and participate in a small claims action through a regular employee, who is employed or appointed for purposes other than solely representing that department in small claims court. (b) Where the Department of Corrections or the Department of the Youth Authority is named as a defendant in small claims court, the representative of the department is not required to personally appear to challenge the plaintiff’s compliance with the pleading requirements and may submit pleadings or declarations to assert that challenge. (c) At the hearing of a small claims action, the court shall require any individual who is appearing as a representative of the Department of Corrections or the Department of the Youth Authority under subdivision (a) to file a declaration stating (1) that the individual is authorized to appear for the party, (2) the basis for that authorization, and (3) that the individual is not employed solely to represent the party in small claims court. (d) Nothing in this section shall operate or be construed to authorize an attorney to participate in a small claims action except as expressly provided in Section 116.530. (e) For purposes of this section, all references to the Department of Corrections or the Department of the Youth Authority include an employee thereof, against whom a claim has been filed under this chapter arising out of his or her duties as an employee of that department. (Added by Stats. 1995, Ch. 366, Sec. 2. Effective January 1, 1996.)
  182. 116.560.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    In small claims cases involving a fictitious business name, the court must check the defendant’s true legal name and any business names used, and it must amend the claim if the names are wrong.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.560. (a) Whenever a claim that is filed against a person operating or doing business under a fictitious business name relates to the defendant’s business, the court shall inquire at the time of the hearing into the defendant’s correct legal name and the name or names under which the defendant does business. If the correct legal name of the defendant, or the name actually used by the defendant, is other than the name stated on the claim, the court shall amend the claim to state the correct legal name of the defendant, and the name or names actually used by the defendant. (b) The plaintiff may request the court at any time, whether before or after judgment, to amend the plaintiff’s claim or judgment to include both the correct legal name and the name or names actually used by the defendant. Upon a showing of good cause, the court shall amend the claim or judgment to state the correct legal name of the defendant, and the name or names actually used by the defendant. (c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code. (Added by Stats. 1991, Ch. 915, Sec. 17.)
  183. 116.570.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    This section lets a party ask to postpone a small-claims hearing, and sets filing, notice, postponement, and fee rules.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 5. Hearing [116.510 - 116.570] ( Article 5 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 form adopted or approved by the Judicial Council. (2) The request shall be filed at least 10 days before the hearing date, unless the court determines that the requesting party has good cause to file the request at a later date. (3) On the date of making the written request, the requesting party shall mail or personally deliver a copy to each of the other parties to the action. (4) (A) If the court finds that the interests of justice would be served by postponing the hearing, the court shall postpone the hearing, and shall notify all parties by mail of the new hearing date, time, and place. (B) On one occasion, upon the written request of a defendant guarantor, the court shall postpone the hearing for at least 30 days, and the court shall take this action without a hearing. This subparagraph does not limit the discretion of the court to grant additional postponements under subparagraph (A). (5) The court shall provide a prompt response by mail to any person making a written request for postponement of a hearing date under this subdivision. (b) If service of the claim and order upon the defendant is not completed within the number of days before the hearing date required by subdivision (b) of Section 116.340, and the defendant has not personally appeared and has not requested a postponement, the court shall postpone the hearing for at least 15 days. If a postponement is ordered under this subdivision, the clerk shall promptly notify all parties by mail of the new hearing date, time, and place. (c) This section does not limit the inherent power of the court to order postponements of hearings in appropriate circumstances. (d) A fee of ten dollars ($10) shall be charged and collected for the filing of a request for postponement and rescheduling of a hearing date after timely service pursuant to subdivision (b) of Section 116.340 has been made upon the defendant. (Amended by Stats. 2002, Ch. 806, Sec. 5. Effective January 1, 2003.)
  184. 116.610.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 6. Judgment [116.610 - 116.630] ( Article 6 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    This section tells the small claims court what its judgment must include, what clerical notice must be sent after judgment, and when the prevailing party can recover costs.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 6. Judgment [116.610 - 116.630] ( Article 6 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.610. (a) The small claims court shall give judgment for damages, or equitable relief, or both damages and equitable relief, within the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and may make any orders as to time of payment or otherwise as the court deems just and equitable for the resolution of the dispute. (b) The court may, at its discretion or on request of any party, continue the matter to a later date in order to permit and encourage the parties to attempt resolution by informal or alternative means. (c) The judgment shall include a determination whether the judgment resulted from a motor vehicle accident on a California highway caused by the defendant’s operation of a motor vehicle, or by the operation by some other individual, of a motor vehicle registered in the defendant’s name. (d) If the defendant has filed a claim against the plaintiff, or if the judgment is against two or more defendants, the judgment, and the statement of decision if one is rendered, shall specify the basis for and the character and amount of the liability of each of the parties, including, in the case of multiple judgment debtors, whether the liability of each is joint or several. (e) If specific property is referred to in the judgment, whether it be personal or real, tangible or intangible, the property shall be identified with sufficient detail to permit efficient implementation or enforcement of the judgment. (f) 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 against the others, whenever a several judgment is proper. (g) (1) The prevailing party is entitled to the costs of the action, including the costs of serving the order for the appearance of the defendant. (2) Notwithstanding paragraph (1) of this subdivision and subdivision (b) of Section 1032, the amount of the small claims court fee paid by a party pursuant to subdivision (c) of Section 116.230 that exceeds the amount that would have been paid if the party had paid the fee pursuant to subdivision (b) of Section 116.230 shall not be recoverable as costs. (h) When the court renders judgment, the clerk shall promptly deliver or mail notice of entry of the judgment to the parties, and shall execute a certificate of personal delivery or mailing and place it in the file. (i) The notice of entry of judgment shall be on a form approved or adopted by the Judicial Council. (Amended by Stats. 2006, Ch. 167, Sec. 7. Effective January 1, 2007.)
  185. 116.620.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 6. Judgment [116.610 - 116.630] ( Article 6 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    The judgment debtor must pay the judgment immediately or under payment terms the court orders.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 6. Judgment [116.610 - 116.630] ( Article 6 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 by installments, which the court may order. (b) The court may at any time, for good cause, upon motion by a party and notice by the clerk to all affected parties at their last known address, amend the terms and conditions for payment of the judgment to provide for payment by installment. The determination shall be made without regard to the nature of the underlying debt and without regard to whether the moving party appeared before entry of the judgment. (c) In determining the terms and conditions of payment, the court may consider any factors which would be relevant to a claim of exemption under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
  186. 116.630.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 6. Judgment [116.610 - 116.630] ( Article 6 added by Stats. 1990, Ch. 1305, Sec. 3. )

    Verify source ↗

    The court may amend a party’s name after judgment for good cause, if a party moves for it and the clerk gives notice to affected parties.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 6. Judgment [116.610 - 116.630] ( Article 6 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 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 address, amend the name of any party to include both the correct legal name and the actually used name or names of that party. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
  187. 116.710.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

    Verify source ↗

    In small claims cases, the plaintiff generally cannot appeal, but defendants, certain plaintiffs, and a defendant’s insurer may appeal in specified situations.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 the hearing may file a motion to vacate the judgment in accordance with Section 116.720. (b) The defendant with respect to the plaintiff’s claim, and a plaintiff with respect to a claim of the defendant, may appeal the judgment to the superior court in the county in which the action was heard. (c) With respect to the plaintiff’s claim, the insurer of the defendant may appeal the judgment to the superior court in the county in which the matter was heard if the judgment exceeds two thousand five hundred dollars ($2,500) and the insurer stipulates that its policy with the defendant covers the matter to which the judgment applies. (d) A defendant who did not appear at the hearing has no right to appeal the judgment, but may file a motion to vacate the judgment in accordance with Section 116.730 or 116.740 and also may appeal the denial of that motion. (Amended (as added by Stats. 1990, Ch. 1305) by Stats. 1990, Ch. 1683, Sec. 6.)
  188. 116.720.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

    Verify source ↗

    A plaintiff who missed a small claims hearing may ask to vacate the judgment, but must file within 30 days after notice of entry is mailed. The clerk must set the hearing at least 10 days after mailing notice of the hearing date, time, and place.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 claims court. The motion shall be filed within 30 days after the clerk has mailed notice of entry of the judgment to the parties. (b) The clerk shall schedule the hearing on the motion to vacate for a date no earlier than 10 days after the clerk has mailed written notice of the date, time, and place of the hearing to the parties. (c) Upon a showing of good cause, the small claims court may grant the motion. If the defendant is not present, the court shall hear the motion in the defendant’s absence. (d) If the motion is granted, and if all parties are present and agree, the court may hear the case without rescheduling it. If the defendant is not present, the judge or clerk shall reschedule the case and give notice in accordance with Section 116.330. (Amended by Stats. 1991, Ch. 915, Sec. 20.)
  189. 116.725.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

    Verify source ↗

    The court may correct a clerical error or vacate a judgment on its own motion at any time, and a party may do so within 30 days after notice of entry of judgment is mailed. Each party may file only one such motion.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 for the decision may be made as follows: (1) By the court on its own motion at any time. (2) By a party within 30 days after the clerk mails notice of entry of judgment to the parties. (b) Each party may file only one motion to correct a clerical error or to set aside and vacate the judgment on the ground of an incorrect or erroneous legal basis for the decision. (Repealed and added by Stats. 2005, Ch. 706, Sec. 7. Effective January 1, 2006.)
  190. 116.730.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

    Verify source ↗

    A defendant who missed the small claims hearing may ask to vacate the judgment, but must do so within 30 days after mailed notice of entry of judgment and must appear at the motion hearing or explain in writing. If the motion is denied, the defendant may appeal only that denial within 10 days.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 claims court. The motion shall be filed within 30 days after the clerk has mailed notice of entry of the judgment to the parties. (b) The defendant shall appear at any hearing on the motion, or submit written justification for not appearing together with a declaration in support of the motion. (c) Upon a showing of good cause, the court may grant the motion to vacate the judgment. If the plaintiff is not present, the court shall hear the motion in the plaintiff’s absence. (d) If the motion is granted, and if all parties are present and agree, the court may hear the case without rescheduling it. If the plaintiff is not present, the judge or clerk shall reschedule the case and give notice in accordance with Section 116.330. (e) If the motion is denied, the defendant may appeal to the superior court only on the denial of the motion to vacate the judgment. The defendant shall file the notice of appeal with the clerk of the small claims court within 10 days after the small claims court has mailed or delivered notice of the court’s denial of the motion to vacate the judgment. (f) If the superior court determines that the defendant’s motion to vacate the judgment should have been granted, the superior court may hear the claims of all parties without rescheduling the matter, provided that all parties are present and the defendant has previously complied with this article, or may order the case transferred to the small claims court for a hearing. (Amended by Stats. 1991, Ch. 915, Sec. 21.)
  191. 116.740.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    A defendant who was not properly served and did not appear may file a motion to vacate a small claims judgment with the clerk, with a supporting declaration, within 180 days after discovering or reasonably should have discovered the judgment.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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, the defendant may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be accompanied by a supporting declaration, and shall be filed within 180 days after the defendant discovers or should have discovered that judgment was entered against the defendant. (b) The court may order that the enforcement of the judgment shall be suspended pending a hearing and determination of the motion to vacate the judgment. (c) Upon a showing of good cause, the court may grant the motion to vacate the judgment. If the plaintiff is not present, the court shall hear the motion in the plaintiff’s absence. (d) Subdivisions (d), (e), and (f) of Section 116.730 apply to any motion to vacate a judgment. (Amended by Stats. 1991, Ch. 915, Sec. 22.)
  192. 116.745.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    The clerk must collect a $20 fee when a motion to vacate is filed.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 116.745. The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate. (Amended by Stats. 2005, Ch. 75, Sec. 22. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  193. 116.750.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    A small-claims appeal must be filed by notice of appeal with the small claims court clerk within 30 days after notice of entry of judgment is delivered or mailed.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 notice of appeal shall be filed not later than 30 days after the clerk has delivered or mailed notice of entry of the judgment to the parties. A notice of appeal filed after the 30-day period is ineffective for any purpose. (c) The time for filing a notice of appeal is not extended by the filing of a request to correct a mistake or by virtue of any subsequent proceedings on that request, except that a new period for filing notice of appeal shall begin on the delivery or mailing of notice of entry of any modified judgment. (Amended by Stats. 1991, Ch. 915, Sec. 23.)
  194. 116.760.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    The appealing party must pay a $75 fee to file a notice of appeal, and a party who does not appeal cannot be charged a fee for filing appeal-related documents.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 charged any fee for filing any document relating to the appeal. (c) The fee shall be distributed as follows: (1) To the county law library fund, as provided in Section 6320 of the Business and Professions Code, the amount specified in Section 6321 and 6322.1 of the Business and Professions Code. (2) To the Trial Court Trust Fund, the remainder of the fee. (Amended by Stats. 2005, Ch. 75, Sec. 23. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  195. 116.770.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    Appeals to the superior court in small claims matters are heard as a new informal hearing, with notice, scope, and procedure rules specified here.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 the small claims division. (b) The hearing on an appeal to the superior court shall be conducted informally. The pretrial discovery procedures described in Section 2019.010 are not permitted, no party has a right to a trial by jury, and no tentative decision or statement of decision is required. (c) Article 5 (commencing with Section 116.510) on hearings in the small claims court applies in hearings on appeal in the superior court, except that attorneys may participate. (d) The scope of the hearing shall include the claims of all parties who were parties to the small claims action at the time the notice of appeal was filed. The hearing shall include the claim of a defendant that was heard in the small claims court. (e) The clerk of the superior court shall schedule the hearing for the earliest available time and shall mail written notice of the hearing to the parties at least 14 days prior to the time set for the hearing. (f) The Judicial Council may prescribe by rule the practice and procedure on appeal and the time and manner in which the record on appeal shall be prepared and filed. (Amended by Stats. 2004, Ch. 182, Sec. 8. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  196. 116.780.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    After a superior court hearing on appeal in small claims matters, the judgment is final and not appealable. The superior court may also reimburse certain appeal-related costs if good cause and substantial justice are shown, subject to $150 caps.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 judgments of the small claims court applies to judgments of the superior court after a hearing on appeal, except as provided in subdivision (c). (c) For good cause and where necessary to achieve substantial justice between the parties, the superior court may award a party to an appeal reimbursement of (1) attorney’s fees actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150), and (2) actual loss of earnings and expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150). (Amended by Stats. 2011, Ch. 308, Sec. 1. (SB 647) Effective January 1, 2012.)
  197. 116.790.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    If an appeal in superior court was frivolous, not in good faith, and meant to harass, delay, or pressure the other side to give up the claim, the court may award limited fees and expenses after a hearing.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 party, or to encourage the other party to abandon the claim, the court may award the other party (a) attorney’s fees actually and reasonably incurred in connection with the appeal, not exceeding one thousand dollars ($1,000), and (b) any actual loss of earnings and any expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one thousand dollars ($1,000), following a hearing on the matter. (Amended by Stats. 1991, Ch. 915, Sec. 27.)
  198. 116.795.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    The superior court may dismiss a small claims appeal if the appealing party fails to appear or if the appeal is not heard within one year after the notice of appeal is filed.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 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 from the date of filing the notice of appeal with the clerk of the small claims court. (b) Upon dismissal of an appeal by the superior court, the small claims court shall thereafter have the same jurisdiction as if no appeal had been filed. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
  199. 116.798.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. )

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    This section lets certain writ petitions related to small claims matters be heard by specified courts or judges, requires the Judicial Council to make procedural rules, sets a filing fee by reference to another appeal fee, and bars a normal appeal from the writ judgment.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 7. Motion to Vacate, Appeal, and Related Matters [116.710 - 116.798] ( Heading of Article 7 amended by Stats. 2012, Ch. 470, Sec. 2. ) ## 116.798. (a) (1) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a postjudgment enforcement order, may be heard by a judge who is assigned to the appellate division of the superior court. (2) A petition described by paragraph (1) may also be heard by the court of appeal or by the Supreme Court. (3) Where a judge described in paragraph (1) grants a writ directed to the small claims division, the small claims division is an inferior tribunal for purposes of Title 1 (commencing with Section 1067) of Part 3. (4) The fee for filing a writ petition in the superior court under paragraph (1) is the same as the fee for filing a notice of appeal under Section 116.760. (5) The Judicial Council shall promulgate procedural rules for a writ proceeding under paragraph (1). (6) An appeal shall not be taken from a judgment granting or denying a petition under paragraph (1) for issuance of a writ. An appellate court may, in its discretion, upon petition for extraordinary writ, review the judgment. (b) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of a superior court in a small claims appeal may be heard by the court of appeal or by the Supreme Court. (c) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to a postjudgment enforcement order of the small claims division may be heard by the appellate division of the superior court, by the court of appeal, or by the Supreme Court. (Added by Stats. 2012, Ch. 470, Sec. 3. (AB 1529) Effective January 1, 2013.)
  200. 116.810.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    Small claims judgment enforcement is automatically suspended until the appeal time runs out, unless an appeal is filed and later dismissed or the denial of a motion to vacate is upheld; then the judgment may be enforced.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.810. (a) Enforcement of the judgment of a small claims court, including the issuance or recording of any abstract of the judgment, is automatically suspended, without the filing of a bond by the defendant, until the expiration of the time for appeal. (b) If an appeal is filed as provided in Article 7 (commencing with Section 116.710), enforcement of the judgment of the small claims court is suspended unless (1) the appeal is dismissed by the superior court pursuant to Section 116.795, or (2) the superior court determines that the small claims court properly denied the defendant’s motion to vacate filed under Section 116.730 or 116.740. In either of those events, the judgment of the small claims court may be enforced. (c) The scope of the suspension of enforcement under this section and, unless otherwise ordered, of any suspension of enforcement ordered by the court, shall include any enforcement procedure described in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174. (Amended by Stats. 1991, Ch. 915, Sec. 28.)

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