Code of Civil Procedure

Part 12 of 17 · provisions 2,201–2,400

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

Jurisdiction: United States — California
Instrument: Code
Citation: CCP
Version: Undated source snapshot
Language: en
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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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594.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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In superior court, either party may bring an issue to trial or hearing, but trial notice rules must be followed before the court can proceed in the adverse party’s absence on a factual issue.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 594. (a) In superior courts either party may bring an issue to trial or to a hearing, and, in the absence of the adverse party, unless the court, for good cause, otherwise directs, may proceed with the case and take a dismissal of the action, or a verdict, or judgment, as the case may require; provided, however, if the issue to be tried is an issue of fact, proof shall first be made to the satisfaction of the court that the adverse party has had 15 days’ notice of such trial or five days’ notice of the trial in an unlawful detainer action as specified in subdivision (b). If the adverse party has served notice of trial upon the party seeking the dismissal, verdict, or judgment at least five days prior to the trial, the adverse party shall be deemed to have had notice. (b) The notice to the adverse party required by subdivision (a) shall be served by mail on all the parties by the clerk of the court not less than 20 days prior to the date set for trial. In an unlawful detainer action where notice is served by mail that service shall be mailed not less than 10 days prior to the date set for trial. If notice is not served by the clerk as required by this subdivision, it may be served by mail by any party on the adverse party not less than 15 days prior to the date set for trial, and in an unlawful detainer action where notice is served by mail that service shall be mailed not less than 10 days prior to the date set for trial. The time provisions of Section 1013 shall not serve to extend the notice of trial requirements under this subdivision for unlawful detainer actions. If notice is served by the clerk, proof thereof may be made by introduction into evidence of the clerk’s certificate pursuant to subdivision (3) of Section 1013a or other competent evidence. If notice is served by a party, proof may be made by introduction into evidence of an affidavit or certificate pursuant to subdivision (1) or (2) of Section 1013a or other competent evidence. The provisions of this subdivision are exclusive. (Amended by Stats. 2002, Ch. 784, Sec. 62. Effective January 1, 2003.)
594a
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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The court may postpone a trial on its own motion in certain situations.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 594a. The court may, of its own motion, postpone the trial, if at the time fixed for the trial the court is engaged in the trial of another action; or if, as provided in section 473 of this code, an amendment of the pleadings, or the allowance of time to make such amendment, or to plead, renders a postponement necessary. (Added by Stats. 1933, Ch. 744.)
595.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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Courts and similar decision-makers must postpone covered trials or hearings when a legislator, attorney, or principal witness is involved and the Legislature or a committee is in session or recess, subject to stated timing rules and exceptions.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 595. The trial of any civil action, or proceeding in a court, or of any administrative proceeding before a state board or commission or officer, irrespective of the date of the filing thereof or when it became at issue, or the hearing of any motion, demurrer, or other proceeding, shall be postponed to a date certain when it appears to the court, board, commission, or officer before which such action or proceeding is pending that either a party thereto, or any attorney of record therein (whether he became an attorney of record before or after the commencement of a legislative session or before or after his appointment to a legislative committee), or a principal witness, is a Member of the Legislature of this state and that the Legislature is in session or in recess (not exceeding a recess of forty (40) days) or that a legislative interim committee of which he is a duly appointed member is meeting, or is to meet within a period which the court 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 such action or proceeding shall not, without the consent of the attorney of record therein, be brought on for trial or hearing before the expiration of thirty (30) days next following final adjournment of the Legislature or the commencement of a recess of more than forty (40) days. If a date is available during recess, continuance shall be given if possible to such earlier date. When a legislative committee is meeting or is to meet within a period which the court finds does not exceed the time reasonably necessary to enable the member to reach the committee meeting by the ordinary mode of travel, such action or proceeding shall not, without the consent of the attorney of record therein, be brought on for trial or hearing before the expiration of such period necessary following the adjournment or recess of the committee meeting as the court finds is reasonably necessary to enable the member to reach the place of trial or hearing by the ordinary mode of travel from the place of the committee meeting, unless at the expiration of that period the Legislature is to be in session; and in that case the action or proceeding shall not, without such consent, be brought on for trial or hearing before the expiration of thirty (30) days next following final adjournment or the commencement of a recess of more than forty (40) days. If a date is available during the recess, continuance shall be given to such earlier date. However, any postponement granted under the provisions of this paragraph 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 said postponement. Granting of a continuance pursuant to this section is mandatory unless the court determines that such continuance 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. 1968, Ch. 698.)
595.1.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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This section defines “proceeding in a court” for Section 595 to include discovery proceedings, pretrial conferences, depositions, interrogatories, and similar proceedings in a pending civil action.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 595.1. The term “proceeding in a court” as it is used in Section 595 shall include any discovery proceeding, pretrial conference, deposition, interrogatory, or any other proceeding arising out of a pending civil action. The enactment of this section at the 1965 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law. (Added by Stats. 1965, Ch. 1890.)
595.2.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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The court must postpone a trial or hearing of a motion or demurrer for up to 30 days if all appearing parties’ attorneys agree in writing.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 595.2. In all cases, the court shall postpone a trial, or the hearing of any motion or demurrer, for a period not to exceed thirty (30) days, when all attorneys of record of parties who have appeared in the action agree in writing to such postponement. (Added by Stats. 1965, Ch. 1989.)
595.3.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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In certain mining-claim cases, the court must postpone the trial if extra underground or surface development is needed for a fair decision.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 595.3. In actions involving the title to mining claims, or involving trespass for damage upon mining claims, if it be made to appear to the satisfaction of the court that, in order that justice may be done and the action fairly tried on its merits, it is necessary that further developments should be made, underground or upon the surface of the mining claims involved in such action, the court shall grant the postponement of the trial of the action, giving the party a reasonable time in which to prepare for trial and to do said development work. (Added by Stats. 1965, Ch. 1989.)
595.4.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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A trial postponement request based on missing evidence must be supported by affidavit showing the evidence is material and that due diligence was used. If the adverse party admits the evidence would be given, the trial must not be postponed.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 595.4. A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. The court may require the moving party, where application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed. (Added by Stats. 1965, Ch. 1989.)
596.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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If a party gets a trial postponed, that party must let the other side take the testimony of any attending witness by deposition if asked.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 596. The party obtaining a postponement of a trial, if required by the adverse party, must consent that the testimony of any witness of such adverse party, who is in attendance, be then taken by deposition before a judge or clerk of the court in which the case is pending, or before such notary public as the court may indicate, which must accordingly be done; and the testimony so taken may be read on the trial, with the same effect, and subject to the same objections, as if the witnesses were produced. (Amended by Stats. 1951, Ch. 1737.)
597.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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The court may try certain special defenses first, before the rest of the case.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 597. When the answer pleads that the action is barred by the statute of limitations, or by a prior judgment, or that another action is pending upon the same cause of action, or sets up any other defense not involving the merits of the plaintiff’s cause of action but constituting a bar or ground of abatement to the prosecution thereof, the court may, either upon its own motion or upon the motion of any party, proceed to the trial of the special defense or defenses before the trial of any other issue in the case, and if the decision of the court, or the verdict of the jury, upon any special defense so tried (other than the defense of another action pending) is in favor of the defendant pleading the same, judgment for the defendant shall thereupon be entered and no trial of other issues in the action shall be had unless that judgment shall be reversed on appeal or otherwise set aside or vacated; and where the defense of another action pending or a demurrer based upon subdivision (c) of Section 430.10 is sustained (and no other special defense is sustained) an interlocutory judgment shall be entered in favor of the defendant pleading the same to the effect that no trial of other issues shall be had until the final determination of that other action, and the plaintiff may appeal from the interlocutory judgment in the same manner and within the same time as is now or may be hereafter provided by law for appeals from judgments. If the decision of the court, or the verdict of the jury, upon the special defense or defenses so tried is in favor of the plaintiff, trial of the other issues shall thereafter be had either upon the court’s own motion or upon the motion of any party, and judgment shall be entered thereon in the same manner and with the same effect as if all the issues in the case had been tried at one time. In such an event any and all decisions or verdicts upon the special defense or defenses, and all rulings on the trial thereof shall be deemed excepted to and may be reviewed on motion for a new trial or upon appeal from the judgment. This section also applies to the trial of special defenses pleaded in an answer to a cross-complaint or a demurrer based upon subdivision (c) of Section 430.10, and if the decision of the court or the verdict of the jury upon the special defense or defenses is in favor of the cross-defendant, no further trial shall be had upon the issues raised by the cross-complaint, but trial of the other issues in the action shall thereafter be had either upon the court’s own motion or upon the motion of any party, and after the trial thereof the judgment shall be entered in the action as is justified by the decision or verdict on such other issues, considered in connection with the decision or verdict upon the trial of such an affirmative defense raised in the answer to the cross-complaint. (Amended by Stats. 1986, Ch. 540, Sec. 11.)
597.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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In certain medical-negligence cases, the statute-of-limitations issue must be tried separately before any other issues if a party moves or the court acts on its own.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 597.5. In an action against a physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, veterinarian, or a licensed hospital as the employer of any such person, based upon the person’s alleged professional negligence, or for rendering professional services without consent, or for error or omission in the person’s practice, if the answer pleads that the action is barred by the statute of limitations, and if any party so moves or the court upon its own motion requires, the issues raised thereby must be tried separately and before any other issues in the case are tried. If the issue raised by the statute of limitations is finally determined in favor of the plaintiff, the remaining issues shall then be tried. (Amended by Stats. 1993, Ch. 226, Sec. 5. Effective January 1, 1994.)
598.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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The court may order one issue, or part of an issue, to be tried before another issue if that would help witnesses, justice, or efficient case handling.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 598. The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time. Where trial of the issue of liability as to all causes of action precedes the trial of other issues or parts thereof, and the decision of the court, or the verdict of the jury upon such issue so tried is in favor of any party on whom liability is sought to be imposed, judgment in favor of such party shall thereupon be entered and no trial of other issues in the action as against such party shall be had unless such judgment shall be reversed upon appeal or otherwise set aside or vacated. If the decision of the court, or the verdict of the jury upon the issue of liability so tried shall be against any party on whom liability is sought to be imposed, or if the decision of the court or the verdict of the jury upon any other issue or part thereof so tried does not result in a judgment being entered pursuant to this chapter, then the trial of the other issues or parts thereof shall thereafter be had at such time, and if a jury trial, before the same or another jury, as ordered by the court either upon its own motion or upon the motion of any party, and judgment shall be entered in the same manner and with the same effect as if all the issues in the case had been tried at one time. (Amended by Stats. 1979, Ch. 349.)
599.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. )
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If a trial or arbitration date is continued or postponed, certain unexpired discovery-related deadlines are extended for the same length of time, unless a court orders otherwise or the parties agree otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 3. Issues—The Mode of Trial and Postponements [588 - 599] ( Chapter 3 enacted 1872. ) ## 599. (a) Notwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parties, a continuance or postponement of a trial or arbitration date extends any deadlines that have not already passed as of March 19, 2020, applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions in the same matter. The deadlines are extended for the same length of time as the continuance or postponement of the trial date. (b) This section shall remain in effect only during the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19 pandemic and 180 days after the end, pursuant to Section 8629 of the Government Code, of that state of emergency and is repealed on that date. (Amended by Stats. 2021, Ch. 214, Sec. 6. (SB 241) Effective January 1, 2022. Conditionally repealed by its own provisions.)
6.
## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )
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People holding office under repealed Acts continue in office when this Code takes effect, unless their office is not continued by a Code adopted this session.

## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 6. All persons who at the time this Code takes effect hold office under any of the Acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by one of the Codes adopted at this session of the Legislature. (Enacted 1872.)
607.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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After the jury is sworn, the trial must follow a set order unless the court directs otherwise for special reasons.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 607. When the jury has been sworn, the trial must proceed in the following order, unless the court, for special reasons otherwise directs: 1. The plaintiff may state the issue and his case; 2. The defendant may then state his defense, if he so wishes, or wait until after plaintiff has produced his evidence; 3. The plaintiff must then produce the evidence on his part; 4. The defendant may then open his defense, if he has not done so previously; 5. The defendant may then produce the evidence on his part; 6. The parties may then respectively offer rebutting evidence only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case; 7. When the evidence is concluded, unless the case is submitted to the jury on either side or on both sides without argument, the plaintiff must commence and may conclude the argument; 8. If several defendants having separate defenses, appear by different counsel, the court must determine their relative order in the evidence and argument; 9. The court may then charge the jury. (Amended by Stats. 1965, Ch. 841.)
607a
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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In jury trials, counsel must submit proposed jury instructions on time and in writing, and the court must rule on them before argument when asked.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 607a. In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before the first witness is sworn, to deliver to the judge presiding at the trial and serve upon opposing counsel, all proposed instructions to the jury covering the law as disclosed by the pleadings. Thereafter, and before the commencement of the argument, counsel may deliver to such judge, and serve upon opposing counsel, additional proposed instructions to the jury upon questions of law developed by the evidence and not disclosed by the pleadings. All proposed instructions shall be typewritten, each on a separate sheet of paper. Before the commencement of the argument, the court, on request of counsel, must: (1) decide whether to give, refuse, or modify the proposed instructions; (2) decide which instructions shall be given in addition to those proposed, if any; and (3) advise counsel of all instructions to be given. However, if, during the argument, issues are raised which have not been covered by instructions given or refused, the court may, on request of counsel, give additional instructions on the subject matter thereof. (Amended by Stats. 1957, Ch. 1698.)
608.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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The court may explain legal matters to the jury, but if it discusses the testimony, it must tell the jury they are the exclusive judges of the facts. On request, the court must give either party a written statement of the legal points in the charge or sign a statement prepared by counsel.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 608. In charging the jury the Court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact. The Court must furnish to either party, at the time, upon request, a statement in writing of the points of law contained in the charge, or sign, at the time, a statement of such points prepared and submitted by the counsel of either party. (Enacted 1872.)
609.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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If either party asks for special jury instructions, the court must either give them, refuse them, or give them with modifications.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 609. Where either party asks special instructions to be given to the jury, the Court must either give such instruction, as requested, or refuse to do so, or give the instruction with a modification, in such manner that it may distinctly appear what instructions were given in whole or in part. (Enacted 1872.)
611.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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If jurors are allowed to separate, the court must warn them not to research, share information, talk about the trial with others, or form opinions before the case is finally submitted.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 611. If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to conduct research, disseminate information, or converse with, or permit themselves to be addressed by, any other person on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them. The court shall clearly explain, as part of the admonishment, that the prohibition on research, dissemination of information, and conversation applies to all forms of electronic and wireless communication. (Amended by Stats. 2011, Ch. 181, Sec. 1. (AB 141) Effective January 1, 2012.)
612.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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When the jury retires to deliberate, it may take certain evidence materials with it, subject to stated exceptions and the court’s control.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 612. Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions, or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession; and they may also take with them any exhibits which the court may deem proper, notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person. (Amended by Stats. 1939, Ch. 753.)
612.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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When the jury begins deliberating, the court must tell jurors they can get a written copy of the jury instructions. The court may provide a copy on its own, and must provide one if the jury asks for it.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 612.5. Upon the jury retiring for deliberation, the court shall advise the jury of the availability of a written copy of the jury instructions. The court may, at its discretion, provide the jury with a copy of the written instructions given. However, if the jury requests the court to supply a copy of the written instructions, the court shall supply the jury with a copy. (Amended by Stats. 1986, Ch. 1045, Sec. 1.)
613.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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After a case is submitted to the jury, the jurors may deliberate in court or retire, but if they retire they must stay together under an officer and communications are tightly restricted.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 613. When the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they must be kept together in some convenient place, under charge of an officer, until at least three-fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his or her charge shall not permit any communication to be made to them, including any form of electronic or wireless communication, or make any himself or herself, except to ask them if they or three-fourths of them are agreed upon a verdict. The officer shall not, before their verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon. (Amended by Stats. 2011, Ch. 181, Sec. 2. (AB 141) Effective January 1, 2012.)
614.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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If the jury has a disagreement during deliberations or needs a legal point explained, it may ask the officer to bring them into court, and any required information must be given with the parties or counsel present or on notice.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 614. After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into Court. Upon their being brought into Court, the information required must be given in the presence of, or after notice to, the parties or counsel. (Enacted 1872.)
614.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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A judge may, in discretion and for good cause shown, be absent from the courtroom while previously received testimony is read to the jury.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 614.5. Except for good cause shown, the judge in his or her discretion need not be present in the court while testimony previously received in evidence is read to the jury. (Added by Stats. 1987, Ch. 88, Sec. 1. Effective July 2, 1987.)
616.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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If a jury is discharged before returning a verdict, or cannot give a verdict because of accident or another cause, the court may order the case retried immediately or later, except as Section 630 provides.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 616. In all cases where the jury are discharged without having rendered a verdict, or are prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, except as provided in Section 630, the action may be again tried immediately, or at a future time, as the court may direct. (Amended by Stats. 1947, Ch. 984.)
617.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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When the jury are absent, the court may adjourn to handle other business and may order the jury to return a sealed verdict at the opening of court if they agree during a recess or adjournment for the day.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 617. While the jury are absent the Court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The Court may direct the jury to bring in a sealed verdict, at the opening of the Court, in case of an agreement during a recess or adjournment for the day. (Amended by Code Amendments 1880, Ch. 21.)
618.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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After a jury reaches a verdict, it must be brought into court, the foreperson must render a written, signed verdict, and the clerk must read it to the jury. Either party may ask for a poll; if more than one-fourth disagree, the jury is sent out again, otherwise the verdict is complete and the jury is discharged.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 618. When the jury, or three-fourths of them, have agreed upon a verdict, they must be conducted into court and the verdict rendered by their foreperson. The verdict must be in writing, signed by the foreperson, and must be read to the jury by the clerk, and the inquiry made whether it is their verdict. Either party may require the jury to be polled, which is done by the court or clerk, asking each juror if it is the juror’s verdict. If upon inquiry or polling, more than one-fourth of the jurors disagree thereto, the jury must be sent out again, but if no disagreement is expressed, the verdict is complete and the jury discharged from the case. (Amended by Stats. 2007, Ch. 263, Sec. 7. Effective January 1, 2008.)
619.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. )
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If a verdict is informal, insufficient, or fails to cover the issue submitted, the jury may correct it with the Court’s advice or be sent out again.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 2. Conduct of the Trial [607 - 619] ( Article 2 enacted 1872. ) ## 619. When the verdict is announced, if it is informal or insufficient, in not covering the issue submitted, it may be corrected by the jury under the advice of the Court, or the jury may be again sent out. (Enacted 1872.)
624.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. )
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This section says a jury verdict may be general or special, and explains the difference between them.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. ) ## 624. The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of the plaintiff or defendant; a special verdict is that by which the jury find the facts only, leaving the judgment to the Court. The special verdict must present the conclusions of fact as established by the evidence, and not the evidence to prove them; and those conclusions of fact must be so presented as that nothing shall remain to the Court but to draw from them conclusions of law. (Enacted 1872.)
625.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. )
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The court may require special written verdict findings, must require one when punitive damages are at issue, and the filed special finding controls if it conflicts with the general verdict.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. ) ## 625. In all cases the court may direct the jury to find a special verdict in writing, upon all, or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. In all cases in which the issue of punitive damages is presented to the jury the court shall direct the jury to find a special verdict in writing separating punitive damages from compensatory damages. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly. (Amended by Stats. 1983, Ch. 176, Sec. 2.)
626.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. )
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If the plaintiff or cross-complainant wins a money-recovery case, the jury must also determine the amount to be recovered.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. ) ## 626. When a verdict is found for the plaintiff in an action for the recovery of money, or for the cross-complainant when a cross-complaint for the recovery of money is established, the jury must also find the amount of the recovery. (Amended by Stats. 1971, Ch. 244.)
628.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. )
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In superior courts, when a verdict is received, the court minutes must record the trial time, jurors and witnesses, and the verdict in full.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. ) ## 628. In superior courts upon receipt of a verdict, an entry must be made in the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and setting out the verdict at length; and where a special verdict is found, either the judgment rendered thereon, or if the case be reserved for argument or further consideration, the order thus reserving it. (Amended by Stats. 2002, Ch. 784, Sec. 63. Effective January 1, 2003.)
629.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. )
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The court must enter judgment notwithstanding the verdict when the stated conditions are met, and the motion is tied to specific filing and hearing deadlines.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. ) ## 629. (a) The court, before the expiration of its power to rule on a motion for a new trial, either of its own motion, after five days’ notice, or on motion of a party against whom a verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made. (b) A motion for judgment notwithstanding the verdict shall be made within the period specified by Section 659 for the filing and service of a notice of intention to move for a new trial. The moving, opposing, and reply briefs and any accompanying documents shall be filed and served within the periods specified by Section 659a, and the hearing on the motion shall be set in the same manner as the hearing on a motion for new trial under Section 660. The making of a motion for judgment notwithstanding the verdict shall not extend the time within which a party may file and serve notice of intention to move for a new trial. The court shall not rule upon the motion for judgment notwithstanding the verdict until the expiration of the time within which a motion for a new trial must be served and filed, and if a motion for a new trial has been filed with the court by the aggrieved party, the court shall rule upon both motions at the same time. The power of the court to rule on a motion for judgment notwithstanding the verdict shall not extend beyond the last date upon which it has the power to rule on a motion for a new trial. If a motion for judgment notwithstanding the verdict is not determined before that date, the effect shall be a denial of that motion without further order of the court. (c) If the motion for judgment notwithstanding the verdict is denied and if a new trial is denied, the appellate court shall, if it appears that the motion for judgment notwithstanding the verdict should have been granted, order judgment to be so entered on appeal from the judgment or from the order denying the motion for judgment notwithstanding the verdict. (d) If a new trial is granted to the party moving for judgment notwithstanding the verdict, and the motion for judgment notwithstanding the verdict is denied, the order denying the motion for judgment notwithstanding the verdict shall nevertheless be reviewable on appeal from that order by the aggrieved party. If the court grants the motion for judgment notwithstanding the verdict or of its own motion directs the entry of judgment notwithstanding the verdict and likewise grants the motion for a new trial, the order granting the new trial shall be effective only if, on appeal, the judgment notwithstanding the verdict is reversed, and the order granting a new trial is not appealed from or, if appealed from, is affirmed. (Amended by Stats. 2015, Ch. 303, Sec. 40. (AB 731) Effective January 1, 2016.)
630.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. )
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This section lets a party ask for a directed verdict after the evidence is finished, and sets what the court must do if the motion is granted.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4. Trial by Jury [607 - 630] ( Chapter 4 enacted 1872. ) ## ARTICLE 3. The Verdict [624 - 630] ( Article 3 enacted 1872. ) ## 630. (a) Unless the court specified an earlier time for making a motion for directed verdict, after all parties have completed the presentation of all of their evidence in a trial by jury, any party may, without waiving his or her right to trial by jury in the event the motion is not granted, move for an order directing entry of a verdict in its favor. (b) If it appears that the evidence presented supports the granting of the motion as to some, but not all, of the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed on any remaining issues. Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment, in addition to any matter determined in the trial, shall reflect the verdict ordered by the court as determined by the motion for directed verdict. (c) If the motion is granted, unless the court in its order directing entry of the verdict specifies otherwise, it shall operate as an adjudication upon the merits. (d) In actions which arise out of an injury to a person or property, when a motion for directed verdict was granted on the basis that a defendant was without fault, no other defendant during trial, over plaintiff’s objection, shall attempt to attribute fault to or comment on the absence or involvement of the defendant who was granted the motion. (e) The order of the court granting the motion for directed verdict is effective without any assent of the jury. (f) When the jury for any reason has been discharged without having rendered a verdict, the court on its own motion or upon motion of a party, notice of which was given within 10 days after discharge of the jury, may order judgment to be entered in favor of a party whenever a motion for directed verdict for that party should have been granted had a previous motion been made. Except as otherwise provided in Section 12a, the power of the court to act under the provisions of this section shall expire 30 days after the day upon which the jury was discharged, and if judgment has not been ordered within that time the effect shall be the denial of any motion for judgment without further order of the court. (Amended by Stats. 1986, Ch. 540, Sec. 12.)
630.01.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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This section defines “expedited jury trial,” “high/low agreement,” and “post-trial motions” for the chapter.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.01. For purposes of this chapter: (a) “Expedited jury trial” means a consensual, binding jury trial before a reduced jury panel and a judicial officer. (b) “High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury. (c) “Post-trial motions” does not include motions relating to costs and attorney’s fees, motions to correct a judgment for a clerical error, and motions to enforce a judgment. (Amended by Stats. 2011, Ch. 296, Sec. 37. (AB 1023) Effective January 1, 2012.)
630.02.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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This section says the chapter’s procedures and the court’s implementing rules apply to expedited jury trials unless the parties agree otherwise and the court orders it.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.02. The rules and procedures applicable to expedited jury trials are as follows: (a) The procedures in this chapter and in the implementing rules of court shall apply to expedited jury trials, unless the parties agree otherwise, as permitted under subparagraph (E) of paragraph (1) of subdivision (e) of Section 630.03, and the court so orders. (b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in a consent order authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions. (Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
630.03.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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Parties who want an expedited jury trial must sign a proposed consent order, and the court must approve or issue it in specified cases unless it finds good cause not to proceed.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.03. (a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited jury trial. (b) Except as provided in subdivision (d), the agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the following occurs: (1) All parties stipulate to end the agreement to participate. (2) The court, on its own motion or at the request of a party by noticed motion, finds that good cause exists for the action not to proceed under the rules of this chapter. (c) Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed. (d) The court shall approve the use of an expedited jury trial and any high/low agreements or other stipulations for an expedited jury trial involving either of the following: (1) A self-represented litigant. (2) A minor, an incompetent person, or a person for whom a conservator has been appointed. (e) The proposed consent order submitted to the court shall include all of the following: (1) A preliminary statement that each named party and any insurance carrier responsible for providing coverage or defense on behalf of that party, individually identified in the proposed consent order, have been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and have agreed to all the specific provisions set forth in the consent order. (2) The parties’ agreement to all of the following: (A) That all parties waive all rights to appeal and to move for directed verdict or make any post-trial motions, except as provided in Sections 630.08 and 630.09. (B) That each side shall have up to five hours in which to complete voir dire and to present its case. (C) That the jury shall be composed of eight or fewer jurors with no alternates. (D) That each side shall be limited to three peremptory challenges, unless the court permits an additional challenge in cases with more than two sides as provided in Section 630.04. (E) That the trial and pretrial matters will proceed under subparagraphs (A) to (D), inclusive, and, unless the parties expressly agree otherwise in the proposed consent order, under all other provisions in this chapter and in the implementing rules of court. (f) The court shall issue the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury trial process, in which case the court shall deny the proposed consent order in its entirety. (Amended by Stats. 2015, Ch. 330, Sec. 2. (AB 555) Effective January 1, 2016.)
630.04.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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In expedited jury trials, the court must allow three peremptory challenges per side, no alternates may be selected, and parties may ask for one extra challenge each when the case has more than two parties and more than two sides and the court makes that determination.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.04. (a) Juries in expedited jury trial cases shall be composed of eight jurors, unless the parties have agreed to fewer. No alternates shall be selected. (b) The court shall allow each side three peremptory challenges. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require. (Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
630.05.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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This section says the chapter should not be read to stop a jury from deliberating for as long as needed.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.05. Nothing in this chapter is intended to preclude a jury from deliberating as long as needed. (Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
630.06.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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In expedited jury trials, the rules of evidence apply unless the parties agree otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.06. (a) The rules of evidence apply in expedited jury trials, unless the parties stipulate otherwise. (b) Any stipulation by the parties to use relaxed rules of evidence may not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality. (c) The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code. (Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
630.07.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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In an expedited jury trial, the verdict is binding, but any written high/low agreement or similar stipulation on the award amount still applies. A verdict requires at least six of the eight jurors unless the parties agree otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.07. (a) The verdict in an expedited jury trial case is binding, subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties. (b) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise. (Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
630.08.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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In an expedited jury trial, the parties waive certain post-verdict motions, and the court generally cannot set aside the verdict, enter judgment for a party entitled to judgment as a matter of law, or order a new trial except on Section 630.09 grounds.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.08. (a) By agreeing to participate in the expedited jury trial process, the parties agree to waive any motions for directed verdict, motions to set aside the verdict or any judgment rendered by the jury, or motions for a new trial on the basis of inadequate or excessive damages. (b) The court shall not set aside any verdict or any judgment, shall not direct that judgment be entered in favor of a party entitled to judgment as a matter of law, and shall not order a new trial, except on the grounds stated in Section 630.09. (Amended by Stats. 2011, Ch. 296, Sec. 38. (AB 1023) Effective January 1, 2012.)
630.09.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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In an expedited jury trial, the parties waive most post-trial motions and appeals, with only the grounds listed here allowed.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.09. (a) By agreeing to participate in the expedited jury trial process, the parties agree to waive the right to bring post-trial motions or to appeal from the determination of the matter, except as provided in this section. The only grounds on which a party may move for a new trial or appeal are any of the following: (1) Judicial misconduct that materially affected the substantial rights of a party. (2) Misconduct of the jury. (3) Corruption, fraud, or other undue means employed in the proceedings of the court, jury, or adverse party that prevented a party from having a fair trial. (b) Within 10 court days of the entry of a jury verdict, a party may file with the clerk and serve on each adverse party a notice of the intention to move for a new trial on any of the grounds specified in subdivision (a). The notice shall be deemed to be a motion for a new trial. (c) Except as provided in subdivision (b), parties to an expedited jury trial shall not make any post-trial motions except for motions relating to costs and attorney’s fees, motions to correct a judgment for clerical error, and motions to enforce a judgment. (d) Before filing an appeal, a party shall make a motion for a new trial under subdivision (b). If the motion for a new trial is denied, the party may appeal the judgment to the appropriate court with appellate jurisdiction and seek a new trial on any of the grounds specified in subdivision (a). Parties to an expedited jury trial may not appeal on any other ground. (Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
630.10.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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In expedited jury trials, the statutes and rules on costs and attorney’s fees apply unless the parties agree otherwise in the consent order.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.10. All statutes and rules governing costs and attorney’s fees shall apply in expedited jury trials, unless the parties agree otherwise in the consent order. (Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
630.11.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. )
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The Judicial Council must update rules and forms by July 1, 2016 to create uniform procedures for this chapter.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.5. Voluntary Expedited Jury Trials [630.01 - 630.11] ( Heading of Chapter 4.5 amended by Stats. 2015, Ch. 330, Sec. 1. ) ## 630.11. The Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter, including, but not limited to, rules for all of the following: (a) Additional content of proposed consent orders. (b) Pretrial exchanges and submissions. (c) Pretrial conferences. (d) Presentation of evidence and testimony. (e) Any other procedures necessary to implement the provisions of this chapter. (Amended by Stats. 2015, Ch. 330, Sec. 3. (AB 555) Effective January 1, 2016.)
630.20.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
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Limited civil cases covered here must be handled as mandatory expedited jury trials, unless an opt-out condition applies or the chapter does not apply.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.20. (a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter. (b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met: (1) Punitive damages are sought. (2) Damages in excess of insurance policy limits are sought. (3) A party’s insurer is providing a legal defense subject to a reservation of rights. (4) The case involves a claim reportable to a governmental entity. (5) The case involves a claim of moral turpitude that may affect an individual’s professional licensing. (6) The case involves claims of intentional conduct. (7) The case has been reclassified as unlimited pursuant to Section 403.020. (8) The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code. (9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time. (c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer. (d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
630.21.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
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This section defines “mandatory expedited jury trial” and “high/low agreement,” and says the existence or amounts of any high/low agreement may not be disclosed to the jury.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.21. For purposes of this chapter: (a) “Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter. (b) “High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
630.22.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
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This section says the chapter’s procedures and implementing court rules apply to mandatory expedited jury trials in limited civil cases, unless the parties agree otherwise and the court orders otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.22. (a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders. (b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
630.23.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
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In mandatory expedited jury trials, each side has up to five hours for voir dire and presenting its case, and each side is limited to four peremptory challenges unless the court allows more in certain multi-side cases.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.23. The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter: (a) Each side shall have up to five hours in which to complete voir dire and to present its case. (b) The jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors. (c) Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require. (d) The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court’s approval. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
630.24.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
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This section says the chapter should not be read to stop a jury from deliberating for as long as needed.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.24. Nothing in this chapter is intended to preclude a jury from deliberating as long as needed. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
630.25.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
Verify source ↗

In mandatory expedited jury trials in limited civil cases, the evidence rules apply unless the parties agree otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.25. (a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise. (b) Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality. (c) The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
630.26.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
Verify source ↗

In a mandatory expedited jury trial in a limited civil case, six of the eight jurors must vote for a verdict unless the parties agree otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.26. (a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise. (b) The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
630.27.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
Verify source ↗

In limited civil cases conducted as mandatory expedited jury trials, the statutes and rules on costs and attorney’s fees apply unless the parties agree otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.27. All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
630.28.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
Verify source ↗

The Judicial Council must adopt rules and forms by July 1, 2016 to create uniform procedures for this chapter.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.28. The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following: (a) Pretrial exchanges and submissions. (b) Pretrial conferences. (c) Opt-out procedures pursuant to subdivision (b) of Section 630.20. (d) Presentation of evidence and testimony. (e) Any other procedures necessary to implement the provisions of this chapter. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016.)
630.29.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. )
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Sections 630.20 to 630.27 become operative on July 1, 2016.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases [630.20 - 630.29] ( Chapter 4.6 added by Stats. 2015, Ch. 330, Sec. 5. ) ## 630.29. Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016. (Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016.)
631.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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This section preserves the civil jury-trial right, requires jury-demanding parties to pay a $150 fee and daily jury costs, and sets when those payments are due.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 631. (a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil cases, a jury may only be waived pursuant to subdivision (f). (b) At least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case. The fee shall offset the costs to the state of providing juries in civil cases. If there are more than two parties to the case, for purposes of this section only, all plaintiffs shall be considered one side of the case, and all other parties shall be considered the other side of the case. Payment of the fee by a party on one side of the case shall not relieve parties on the other side of the case from waiver pursuant to subdivision (f). (c) The fee described in subdivision (b) shall be due on or before the date scheduled for the initial case management conference in the action, except as follows: (1) In unlawful detainer actions, the fees shall be due at least five days before the date set for trial. (2) If no case management conference is scheduled in a civil action, or the initial case management conference occurred before June 28, 2012, and the initial complaint was filed on or after July 1, 2011, the fee shall be due no later than 365 calendar days after the filing of the initial complaint. (3) If the initial case management conference occurred before June 28, 2012, and the initial complaint in the case was filed before July 1, 2011, the fee shall be due at least 25 calendar days before the date initially set for trial. (4) If the party requesting a jury has not appeared before the initial case management conference, or first appeared more than 365 calendar days after the filing of the initial complaint, the fee shall be due at least 25 calendar days before the date initially set for trial. (d) If a party failed to timely pay the fee described in subdivision (b) that was due between June 27, 2012, and November 30, 2012, the party will be relieved of a jury waiver on that basis only if the party pays the fee on or before December 31, 2012, or 25 calendar days before the date initially set for trial, whichever is earlier. (e) The parties demanding a jury trial shall deposit with the clerk or judge, at the beginning of the second and each succeeding day’s session, a sum equal to that day’s fees and mileage of the jury, including the fees and mileage for the trial jury panel if the trial jury has not yet been selected and sworn. If more than one party has demanded a jury, the respective amount to be paid daily by each party demanding a jury shall be determined by stipulation of the parties or by order of the court. (f) A party waives trial by jury in any of the following ways: (1) By failing to appear at the trial. (2) By written consent filed with the clerk or judge. (3) By oral consent, in open court, entered in the minutes. (4) By failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation. (5) By failing to timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee. (6) By failing to deposit with the clerk or judge, at the beginning of the second and each succeeding day’s session, the sum provided in subdivision (e). (g) The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury. (h) The court shall transmit the fee described in subdivision (b) to the State Treasury for deposit in the Trial Court Trust Fund within 45 calendar days after the end of the month in which the fee is paid to the court. (Amended by Stats. 2012, Ch. 342, Sec. 1. (AB 1481) Effective September 17, 2012.)
631.2.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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The superior court may pay civil jury fees from available court general funds, and the party who demanded a jury trial must reimburse the court for juror fees and mileage for voir dire, with one stated exception.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 631.2. (a) Notwithstanding any other provision of law, the superior court may pay jury fees in civil cases from general funds of the court available therefor. Nothing in this section shall be construed to change the requirements for the deposit of jury fees in any civil case by the appropriate party to the litigation at the time and in the manner otherwise provided by law. Nothing in this section shall preclude the right of the superior court to be reimbursed by the party to the litigation liable therefor for any payment of jury fees pursuant to this section. Nothing in this section shall preclude the right of the county to be reimbursed by the party to the litigation liable therefor for any payment of jury fees pursuant to this section as it read in Section 4 of Chapter 10 of the Statutes of 1988, or pursuant to former Section 631.1 as it read in Section 1 of Chapter 144 of the Statutes of 1971. (b) The party who has demanded trial by jury shall reimburse the superior court for the fees and mileage of all jurors appearing for voir dire examination, except those jurors who are excused and subsequently on the same day are called for voir dire examination in another case. (Amended by Stats. 2012, Ch. 470, Sec. 6. (AB 1529) Effective January 1, 2013.)
631.3.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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This section says certain jury fee deposits are not refunded and must be sent to the Controller for the Trial Court Trust Fund if refund conditions are not met.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 631.3. (a) Notwithstanding any other law, when a party to the litigation has deposited jury fees with the judge or clerk and that party waives a jury or obtains a continuance of the trial, or the case is settled, none of the deposit shall be refunded if the court finds there has been insufficient time to notify the jurors that the trial would not proceed at the time set. If the jury fees so deposited are not refunded for any of these reasons, or if a refund of jury fees deposited with the judge or clerk has not been requested, in writing, by the depositing party within 20 business days from the date on which the jury is waived or the action is settled, dismissed, or a continuance thereof granted, the fees shall be transmitted to the Controller for deposit into the Trial Court Trust Fund. (b) All jury fees and mileage fees that may accrue by reason of a juror serving on more than one case in the same day shall be transmitted to the Controller for deposit into the Trial Court Trust Fund. All jury fees that were deposited with the court in advance of trial pursuant to Section 631 prior to January 1, 1999, and that remain on deposit in cases that were settled, dismissed, or otherwise disposed of, and three years have passed since the date the case was settled, dismissed, or otherwise disposed of, shall be transmitted to the Controller for deposit into the Trial Court Trust Fund. (c) The fee described in subdivision (b) of Section 631 shall be nonrefundable and is not subject to this section. (Amended by Stats. 2012, Ch. 342, Sec. 2. (AB 1481) Effective September 17, 2012.)
631.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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In eminent domain cases, the party seeking condemnation must pay the jury-fee and mileage deposits required by section 631, and the trial cannot start until those deposits are made.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 631.5. In all cases of eminent domain the deposits of jury fees and mileage provided for in section 631 of this code shall be made by the party seeking condemnation regardless of which party shall have demanded a jury trial, and the trial shall not proceed until such deposits are made. (Added by Stats. 1939, Ch. 806.)
631.7.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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A nonjury court trial generally must follow the order set out in Section 607, unless the court directs otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 631.7. Ordinarily, unless the court otherwise directs, the trial of a civil action tried by the court without a jury shall proceed in the order specified in Section 607. (Added by Stats. 1965, Ch. 299.)
631.8.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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After one side finishes presenting evidence in a court trial, the other side may ask for judgment. The court weighs the evidence and may grant judgment, defer judgment until the evidence is complete, or grant it only on some issues.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 631.8. (a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support of his defense or in rebuttal in the event the motion is not granted, may move for a judgment. The court as trier of the facts shall weigh the evidence and may render a judgment in favor of the moving party, in which case the court shall make a statement of decision as provided in Sections 632 and 634, or may decline to render any judgment until the close of all the evidence. The court may consider all evidence received, provided, however, that the party against whom the motion for judgment has been made shall have had an opportunity to present additional evidence to rebut evidence received during the presentation of evidence deemed by the presenting party to have been adverse to him, and to rehabilitate the testimony of a witness whose credibility has been attacked by the moving party. Such motion may also be made and granted as to any cross-complaint. (b) If it appears that the evidence presented supports the granting of the motion as to some but not all the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment in such action shall, in addition to any matters determined in the trial, award judgment as determined by the motion herein provided for. (c) If the motion is granted, unless the court in its order for judgment otherwise specifies, such judgment operates as an adjudication upon the merits. (Amended by Stats. 1986, Ch. 540, Sec. 13.)
634.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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If a statement of decision leaves a controverted issue unresolved or is ambiguous, and that problem was brought to the trial court’s attention in time, the appellate court may not infer that the trial court decided those facts for the prevailing party.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 634. When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or ambiguity was brought to the attention of the trial court either prior to entry of judgment or in conjunction with a motion under Section 657 or 663, it shall not be inferred on appeal or upon a motion under Section 657 or 663 that the trial court decided in favor of the prevailing party as to those facts or on that issue. (Amended by Stats. 1981, Ch. 900, Sec. 2.)
635.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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If the court’s decision is already entered in the minutes and the judge who heard the case is unavailable, the presiding judge or a judge the presiding judge designates may sign a formal judgment or order that matches the minutes.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 635. In all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case is unavailable, the formal judgment or order conforming to the minutes may be signed by the presiding judge of the court or by a judge designated by the presiding judge. (Amended by Stats. 1992, Ch. 876, Sec. 5. Effective January 1, 1993.)
636.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. )
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After a plaintiff wins on an issue of law, the plaintiff may proceed under Section 585 if the defendant fails to answer. If the defendant wins on an issue of law, the court may order a reference when an account or other fact-finding is needed to finish the judgment.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 5. Trial by the Court [631 - 636] ( Chapter 5 enacted 1872. ) ## 636. On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section 585, upon the failure of the defendant to answer. If judgment be for the defendant upon an issue of law, and the taking of an account, or the proof of any fact, be necessary to enable the Court to complete the judgment, a reference may be ordered, as in that section provided. (Enacted 1872.)
638.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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The Judicial Council must collect information about referees and related fees, and report that information to the Legislature by July 1, 2003.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 638. A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds a reference agreement exists between the parties: (a) To hear and determine any or all of the issues in an action or proceeding, whether of fact or of law, and to report a statement of decision. (b) To ascertain a fact necessary to enable the court to determine an action or proceeding. (c) In any matter in which a referee is appointed pursuant to this section, a copy of the order shall be forwarded to the office of the presiding judge. The Judicial Council shall, by rule, collect information on the use of these referees. The Judicial Council shall also collect information on fees paid by the parties for the use of referees to the extent that information regarding those fees is reported to the court. The Judicial Council shall report thereon to the Legislature by July 1, 2003. This subdivision shall become inoperative on January 1, 2004. (Amended by Stats. 2002, Ch. 1008, Sec. 4. Effective January 1, 2003.)
639.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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Section 639 lets the court appoint a referee in listed civil cases when the parties do not consent, and sets required written-order details, fee findings, and discovery-disqualification deadlines.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 639. (a) When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases pursuant to the provisions of subdivision (b) of Section 640: (1) When the trial of an issue of fact requires the examination of a long account on either side; in which case the referees may be directed to hear and decide the whole issue, or report upon any specific question of fact involved therein. (2) When the taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect. (3) When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of the action. (4) When it is necessary for the information of the court in a special proceeding. (5) When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon. (b) In a discovery matter, a motion to disqualify an appointed referee pursuant to Section 170.6 shall be made to the court by a party either: (A) Within 10 days after notice of the appointment, or if the party has not yet appeared in the action, a motion shall be made within 10 days after the appearance, if a discovery referee has been appointed for all discovery purposes. (B) At least five days before the date set for hearing, if the referee assigned is known at least 10 days before the date set for hearing and the discovery referee has been assigned only for limited discovery purposes. (c) When a referee is appointed pursuant to paragraph (5) of subdivision (a), the order shall indicate whether the referee is being appointed for all discovery purposes in the action. (d) All appointments of referees pursuant to this section shall be by written order and shall include the following: (1) When the referee is appointed pursuant to paragraph (1), (2), (3), or (4) of subdivision (a), a statement of the reason the referee is being appointed. (2) When the referee is appointed pursuant to paragraph (5) of subdivision (a), the exceptional circumstances requiring the reference, which must be specific to the circumstances of the particular case. (3) The subject matter or matters included in the reference. (4) The name, business address, and telephone number of the referee. (5) The maximum hourly rate the referee may charge and, at the request of any party, the maximum number of hours for which the referee may charge. Upon the written application of any party or the referee, the court may, for good cause shown, modify the maximum number of hours subject to any findings as set forth in paragraph (6). (6) (A) Either a finding that no party has established an economic inability to pay a pro rata share of the referee’s fee or a finding that one or more parties has established an economic inability to pay a pro rata share of the referee’s fees and that another party has agreed voluntarily to pay that additional share of the referee’s fee. A court shall not appoint a referee at a cost to the parties if neither of these findings is made. (B) In determining whether a party has established an inability to pay the referee’s fees under subparagraph (A), the court shall consider only the ability of the party, not the party’s counsel, to pay these fees. If a party is proceeding in forma pauperis, the party shall be deemed by the court to have an economic inability to pay the referee’s fees. However, a determination of economic inability to pay the fees shall not be limited to parties that proceed in forma pauperis. For those parties who are not proceeding in forma pauperis, the court, in determining whether a party has established an inability to pay the fees, shall consider, among other things, the estimated cost of the referral and the impact of the proposed fees on the party’s ability to proceed with the litigation. (e) In any matter in which a referee is appointed pursuant to paragraph (5) of subdivision (a), a copy of the order appointing the referee shall be forwarded to the office of the presiding judge of the court. The Judicial Council shall, by rule, collect information on the use of these references and the reference fees charged to litigants, and shall report thereon to the Legislature by July 1, 2003. This subdivision shall become inoperative on January 1, 2004. (Amended by Stats. 2001, Ch. 362, Sec. 1. Effective January 1, 2002.)
640.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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The court must appoint agreed referees, or otherwise appoint referees from party nominees or, if none are nominated, appoint eligible referees or a county court commissioner.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 640. (a) The court shall appoint as referee or referees the person or persons, not exceeding three, agreed upon by the parties. (b) If the parties do not agree on the selection of the referee or referees, each party shall submit to the court up to three nominees for appointment as referee and the court shall appoint one or more referees, not exceeding three, from among the nominees against whom there is no legal objection. If no nominations are received from any of the parties, the court shall appoint one or more referees, not exceeding three, against whom there is no legal objection, or the court may appoint a court commissioner of the county where the cause is pending as a referee. (c) Participation in the referee selection procedure pursuant to this section does not constitute a waiver of grounds for objection to the appointment of a referee under Section 641 or 641.2. (Amended by Stats. 2000, Ch. 644, Sec. 3. Effective January 1, 2001.)
640.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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The Judicial Council must collect information from trial courts about discovery referees and report it to the Legislature by July 1, 2003.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 640.5. It is the intent of the Legislature that the practice and cost of referring discovery disputes to outside referees be thoroughly reviewed. Therefore, in addition to the requirements of subdivision (e) of Section 639, the Judicial Council shall collect information from the trial courts on the use of referees in discovery matters pursuant to either Sections 638 and 639. The collected data shall include information on the number of referees, the cost to the parties, and the time spent by the discovery referee. The Judicial Council shall report thereon to the Legislature by July 1, 2003. (Added by Stats. 2001, Ch. 362, Sec. 2. Effective January 1, 2002.)
641.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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A party may object to appointing a referee if specified disqualifying grounds exist.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 641. A party may object to the appointment of any person as referee, on one or more of the following grounds: (a) A want of any of the qualifications prescribed by statute to render a person competent as a juror, except a requirement of residence within a particular county in the state. (b) Consanguinity or affinity, within the third degree, to either party, or to an officer of a corporation which is a party, or to any judge of the court in which the appointment shall be made. (c) Standing in the relation of guardian and ward, conservator and conservatee, master and servant, employer and clerk, or principal and agent, to either party; or being a member of the family of either party; or a partner in business with either party; or security on any bond or obligation for either party. (d) Having served as a juror or been a witness on any trial between the same parties. (e) Interest on the part of the person in the event of the action, or in the main question involved in the action. (f) Having formed or expressed an unqualified opinion or belief as to the merits of the action. (g) The existence of a state of mind in the potential referee evincing enmity against or bias toward either party. (Amended by Stats. 2000, Ch. 644, Sec. 4. Effective January 1, 2001.)
641.2.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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In certain actions, a party may object to appointing a referee if the person is not technically qualified for the subject matter.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 641.2. In any action brought under Article 8 (commencing with Section 12600) of Chapter 6, Part 2, Division 3, Title 3 of the Government Code, a party may object to the appointment of any person as referee on the ground that the person is not technically qualified with respect to the particular subject matter of the proceeding. (Amended by Stats. 2000, Ch. 644, Sec. 5. Effective January 1, 2001.)
642.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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Objections to a reference or referee must be made in writing and heard and decided by the court, not the referee.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 642. Objections, if any, to a reference or to the referee or referees appointed by the court shall be made in writing, and must be heard and disposed of by the court, not by the referee. (Repealed and added by Stats. 2000, Ch. 644, Sec. 7. Effective January 1, 2001.)
643.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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Referees or a commissioner must file the required report with the court on time, and parties may object within the stated deadline.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 643. (a) Unless otherwise directed by the court, the referees or commissioner must report their statement of decision in writing to the court within 20 days after the hearing, if any, has been concluded and the matter has been submitted. (b) A referee appointed pursuant to Section 638 shall report as agreed by the parties and approved by the court. (c) A referee appointed pursuant to Section 639 shall file with the court a report that includes a recommendation on the merits of any disputed issue, a statement of the total hours spent and the total fees charged by the referee, and the referee’s recommended allocation of payment. The referee shall serve the report on all parties. Any party may file an objection to the referee’s report or recommendations within 10 days after the referee serves and files the report, or within another time as the court may direct. The objection shall be served on the referee and all other parties. Responses to the objections shall be filed with the court and served on the referee and all other parties within 10 days after the objection is served. The court shall review any objections to the report and any responses submitted to those objections and shall thereafter enter appropriate orders. Nothing in this section is intended to deprive the court of its power to change the terms of the referee’s appointment or to modify or disregard the referee’s recommendations, and this overriding power may be exercised at any time, either on the motion of any party for good cause shown or on the court’s own motion. (Amended by Stats. 2000, Ch. 644, Sec. 8. Effective January 1, 2001.)
644.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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For a consensual general reference under Section 638, the referee’s or commissioner’s decision controls and judgment may be entered after the statement of decision is filed. For other references, the decision is only advisory and the court may adopt it only after independently reviewing the findings and any objections and responses.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 644. (a) In the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court. (b) In the case of all other references, the decision of the referee or commissioner is only advisory. The court may adopt the referee’s recommendations, in whole or in part, after independently considering the referee’s findings and any objections and responses thereto filed with the court. (Amended by Stats. 2007, Ch. 263, Sec. 8. Effective January 1, 2008.)
645.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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A referee’s or commissioner’s decision may be challenged and reviewed like a court decision; if the reference is only to find facts, the reported decision has the effect of a special verdict.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 645. The decision of the referee appointed pursuant to Section 638 or commissioner may be excepted to and reviewed in like manner as if made by the court. When the reference is to report the facts, the decision reported has the effect of a special verdict. (Amended by Stats. 2000, Ch. 644, Sec. 10. Effective January 1, 2001.)
645.1.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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This section says referee fees are paid as the parties agree; if they cannot agree, the court may order how the fees are paid.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 645.1. (a) When a referee is appointed pursuant to Section 638, the referee’s fees shall be paid as agreed by the parties. If the parties do not agree on the payment of fees and request the matter to be resolved by the court, the court may order the parties to pay the referee’s fees as set forth in subdivision (b). (b) When a referee is appointed pursuant to Section 639, at any time after a determination of ability to pay is made as specified in paragraph (6) of subdivision (d) of Section 639, the court may order the parties to pay the fees of referees who are not employees or officers of the court at the time of appointment, as fixed pursuant to Section 1023, in any manner determined by the court to be fair and reasonable, including an apportionment of the fees among the parties. For purposes of this section, the term “parties” does not include parties’ counsel. (Amended by Stats. 2001, Ch. 159, Sec. 38.5. Effective January 1, 2002.)
645.2.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. )
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The Judicial Council must adopt court rules needed to implement this chapter.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 6. Of References and Trials by Referees [638 - 645.2] ( Chapter 6 enacted 1872. ) ## 645.2. The Judicial Council shall adopt all rules of court necessary to implement this chapter. (Added by Stats. 2000, Ch. 644, Sec. 12. Effective January 1, 2001.)
646.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 1. Exceptions [646 - 647] ( Article 1 enacted 1872. )
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An exception is a legal objection to a decision by a court, tribunal, judge, or other judicial officer, and it must be taken when the decision is made unless section 647 provides otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 1. Exceptions [646 - 647] ( Article 1 enacted 1872. ) ## 646. An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a Court, tribunal, Judge, or other judicial officer, in an action or proceeding. The exception must be taken at the time the decision is made, except as provided in section six hundred and forty-seven. (Amended by Code Amendments 1875-76, Ch. 517.)
647.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 1. Exceptions [646 - 647] ( Article 1 enacted 1872. )
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This section lists the trial rulings and actions that are treated as excepted to, and says a party must make its position known by objection or otherwise within a reasonable time to preserve the exception.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 1. Exceptions [646 - 647] ( Article 1 enacted 1872. ) ## 647. All of the following are deemed excepted to: the verdict of the jury; the final decision in an action or proceeding; an interlocutory order or decision, finally determining the rights of the parties, or some of them; an order or decision from which an appeal may be taken; an order sustaining or overruling a demurrer, allowing or refusing to allow an amendment to a pleading, striking out or refusing to strike out a pleading or a portion thereof, or refusing a continuance; an order made upon ex parte application, giving an instruction, refusing to give an instruction, or modifying an instruction requested; an order or decision made in the absence of the party or an order granting or denying a nonsuit or a motion to strike out evidence or testimony; a ruling sustaining or overruling an objection to evidence; and any statement or other action of the court in commenting upon or in summarizing the evidence. If the party, at the time when the order, ruling, action or decision is sought or made, or within a reasonable time thereafter, makes known his position thereon, by objection or otherwise, all other orders, rulings, actions or decisions are deemed to have been excepted to. (Amended by Stats. 1963, Ch. 99.)
651.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 1.5. View by Trier of Fact [651- 651.] ( Article 1.5 added by Stats. 1975, Ch. 301. )
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The court may order a view of certain places or items if it would be proper and help the trier of fact, and the court must stay in session and record the proceedings during the view.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 1.5. View by Trier of Fact [651- 651.] ( Article 1.5 added by Stats. 1975, Ch. 301. ) ## 651. (a) On its own motion or on the motion of a party, where the court finds that such a view would be proper and would aid the trier of fact in its determination of the case, the court may order a view of any of the following: (1) The property which is the subject of litigation. (2) The place where any relevant event occurred. (3) Any object, demonstration, or experiment, a view of which is relevant and admissible in evidence in the case and which cannot with reasonable convenience be viewed in the courtroom. (b) On such occasion, the entire court, including the judge, jury, if any, court reporter, if any, and any necessary officers, shall proceed to the place, property, object, demonstration, or experiment to be viewed. The court shall be in session throughout the view. At the view, the court may permit testimony of witnesses. The proceedings at the view shall be recorded to the same extent as the proceedings in the courtroom. (Added by Stats. 1975, Ch. 301.)
656.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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This section defines a “new trial” as re-examining an issue of fact in the same court after a trial and decision by a jury, court, or referee.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 656. A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee. (Amended by Stats. 1907, Ch. 380.)
657.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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A court may grant a new trial on specified grounds, but if it does so it must state the grounds and reasons, and in some cases file a written specification of reasons within 10 days.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 657. The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1. Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors. 3. Accident or surprise, which ordinary prudence could not have guarded against. 4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial. 5. Excessive or inadequate damages. 6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. 7. Error in law, occurring at the trial and excepted to by the party making the application. When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted and the court’s reason or reasons for granting the new trial upon each ground stated. A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision. The order passing upon and determining the motion must be made and entered as provided in Section 660 and if the motion is granted must state the ground or grounds relied upon by the court, and may contain the specification of reasons. If an order granting such motion does not contain such specification of reasons, the court must, within 10 days after filing such order, prepare, sign and file such specification of reasons in writing with the clerk. The court shall not direct the attorney for a party to prepare either or both said order and said specification of reasons. On appeal from an order granting a new trial the order shall be affirmed if it should have been granted upon any ground stated in the motion, whether or not specified in the order or specification of reasons, except that (a) the order shall not be affirmed upon the ground of the insufficiency of the evidence to justify the verdict or other decision, or upon the ground of excessive or inadequate damages, unless such ground is stated in the order granting the motion and (b) on appeal from an order granting a new trial upon the ground of the insufficiency of the evidence to justify the verdict or other decision, or upon the ground of excessive or inadequate damages, it shall be conclusively presumed that said order as to such ground was made only for the reasons specified in said order or said specification of reasons, and such order shall be reversed as to such ground only if there is no substantial basis in the record for any of such reasons. (Amended by Stats. 1967, Ch. 72.)
657.1.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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A new trial may also be granted if Section 914 of this code allows it.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 657.1. A new trial may also be granted as provided in Section 914 of this code. (Added by Stats. 1968, Ch. 387.)
658.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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A new-trial application based on certain Section 657 causes must be made on affidavits; all other such applications must be made on the court’s minutes.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 658. When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon affidavits; otherwise it must be made on the minutes of the court. (Amended by Stats. 1983, Ch. 1167, Sec. 9.)
659.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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A party seeking a new trial must file and serve a notice of intention within the stated time limits, and the notice must identify the grounds and whether it will rely on affidavits, the court minutes, or both.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 659. (a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of their intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court, or both, either: (1) After the decision is rendered and before the entry of judgment. (2) Within 15 days of the date of serving notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon them by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest; provided, that upon the filing of the first notice of intention to move for a new trial by a party, each other party shall have 15 days after the service of that notice upon them to file and serve a notice of intention to move for a new trial. (b) That notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in the notice. The times specified in paragraphs (1) and (2) of subdivision (a) shall not be extended by order or stipulation or by those provisions of Section 1013 that extend the time for exercising a right or doing an act where service is by mail. (Amended by Stats. 2024, Ch. 853, Sec. 20. (AB 3281) Effective January 1, 2025.)
659a
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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The moving party must serve and file briefing materials within 10 days of filing the notice; the other parties then have 10 days to respond, and the moving party has 5 days to reply.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 659a. Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in support of the motion. The other parties shall have 10 days after that service within which to serve upon the moving party and file any opposing briefs and accompanying documents, including counter-affidavits. The moving party shall have five days after that service to file any reply brief and accompanying documents. These deadlines may, for good cause shown by affidavit or by written stipulation of the parties, be extended by any judge for an additional period not to exceed 10 days. (Amended by Stats. 2014, Ch. 93, Sec. 2. (AB 1659) Effective January 1, 2015.)
660.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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This section sets procedures and deadlines for hearing and deciding a motion for a new trial.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 660. (a) On the hearing of the motion, reference may be had in all cases to the pleadings and orders of the court on file, and when the motion is made on the minutes, reference may also be had to any depositions and documentary evidence offered at the trial and to the report of the proceedings on the trial taken by the phonographic reporter, or to any certified transcript of the report or if there be no such report or certified transcript, to proceedings occurring at the trial that are within the recollection of the judge; when the proceedings at the trial have been phonographically reported, but the reporter’s notes have not been transcribed, the reporter shall, upon request of the court or either party, attend the hearing of the motion and read his or her notes, or such parts thereof as the court, or either party, may require. (b) The hearing and determination of the motion for a new trial shall have precedence over all other matters except criminal cases, probate matters, and cases actually on trial, and it shall be the duty of the court to determine the motion at the earliest possible moment. (c) Except as otherwise provided in Section 12a of this code, the power of the court to rule on a motion for a new trial shall expire 75 days after the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 or 75 days after service on the moving party by any party of written notice of entry of judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move for a new trial. If the motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court. A motion for a new trial is not determined within the meaning of this section until an order ruling on the motion is entered in the permanent minutes of the court or signed by the judge and filed with the clerk. The entry of a new trial order in the permanent minutes of the court shall constitute a determination of the motion even though that minute order, as entered, expressly directs that a written order be prepared, signed, and filed. The minute entry shall in all cases show the date on which the order is entered in the permanent minutes, but failure to comply with this direction shall not impair the validity or effectiveness of the order. (Amended by Stats. 2018, Ch. 317, Sec. 1. (AB 2230) Effective January 1, 2019.)
661.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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A new-trial motion is normally heard by the trial judge, with a fallback to another judge of the same court if the trial judge is unable or absent.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 661. The motion for a new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county where the trial was had, the same shall be heard and determined by any other judge of the same court. Upon the expiration of the time to file counter affidavits the clerk forthwith shall call the motion to the attention of the judge who presided at the trial, or the judge acting in his place, as the case may be, and such judge thereupon shall designate the time for oral argument, if any, to be had on said motion. Five (5) days’ notice by mail shall be given of such oral argument, if any, by the clerk to the respective parties. Such motion, if heard by a judge other than the trial judge shall be argued orally or shall be submitted without oral argument, as the judge may direct, not later than ten (10) days before the expiration of the time within which the court has power to pass on the same. (Amended by Stats. 1933, Ch. 744.)
662.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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In a nonjury case, the court may change the statement of decision, alter or vacate the judgment, grant a new trial, or reopen the case for more proceedings and additional evidence.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 662. In ruling on such motion, in a cause tried without a jury, the court may, on such terms as may be just, change or add to the statement of decision, modify the judgment, in whole or in part, vacate the judgment, in whole or in part, and grant a new trial on all or part of the issues, or, in lieu of granting a new trial, may vacate and set aside the statement of decision and judgment and reopen the case for further proceedings and the introduction of additional evidence with the same effect as if the case had been reopened after the submission thereof and before a decision had been filed or judgment rendered. Any judgment thereafter entered shall be subject to the provisions of sections 657 and 659. (Amended by Stats. 1981, Ch. 900, Sec. 4.)
662.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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A court may condition a new trial on damages on the parties accepting an added or reduced damages amount, and if no response deadline is set, the default is 30 days after service by the clerk.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 662.5. (a) In any civil action where after trial by jury an order granting a new trial limited to the issue of damages would be proper, the trial court may in its discretion: (1) If the ground for granting a new trial is inadequate damages, issue a conditional order granting the new trial unless the party against whom the verdict has been rendered consents to the addition of damages in an amount the court in its independent judgment determines from the evidence to be fair and reasonable. (2) If the ground for granting a new trial is excessive damages, issue a conditional order granting the new trial unless the party in whose favor the verdict has been rendered consents to the reduction of so much thereof as the court in its independent judgment determines from the evidence to be fair and reasonable. (b) If a deadline for acceptance or rejection of the addition or reduction of damages is not set forth in the conditional order, the deadline is 30 days from the date the conditional order is served by the clerk of the court. Failure to respond to the order in accordance with this section shall be deemed a rejection of the addition or reduction of damages and a new trial limited to the issue of damages shall be granted automatically. (c) A party filing and serving an acceptance of a conditionally ordered addition or reduction of damages shall concurrently serve and submit to the court a proposed amended judgment reflecting the modified judgment amount, as well as any other uncontested judgment awards. (Amended by Stats. 2011, Ch. 409, Sec. 2. (AB 1403) Effective January 1, 2012.)
663.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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A court may set aside and replace a judgment or decree on motion by the aggrieved party if the decision is legally or factually unsupported, or if it conflicts with the special verdict.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 663. A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. 2. A judgment or decree not consistent with or not supported by the special verdict. (Amended by Stats. 1981, Ch. 900, Sec. 5.)
663.1.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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The court may grant a new trial if the trial record was lost or destroyed by a public calamity and the other listed conditions are met.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 663.1. The court may grant a new trial of any action or proceeding when all of the following conditions exist: (a) Any proposed bill of exceptions or statement of the case on motion for a new trial is lost or destroyed by reason of conflagration or other public calamity. (b) No other record of the proceedings upon the trial thereof can be obtained. (c) Such action or proceeding is subject to review by motion for new trial pending at the time of such loss or destruction. (d) The court in which such action or proceeding is pending deems it impossible or impracticable to restore such proceedings and to settle a bill of exceptions or statement of the case containing such proceedings, so as to enable the court to review the judgment or order therein by motion for new trial. (e) At the time of such loss or destruction a motion for new trial was pending. In order to grant such new trial, it shall be unnecessary to have any bill of exceptions or statement of the case settled, but upon the facts recited in this section being shown to the satisfaction of the court by affidavit or otherwise, the court may grant such new trial. (Added by Stats. 1953, Ch. 52.)
663.2.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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While a motion under Section 663.1 for a new trial is pending, the time for preparing, serving, or presenting a bill of exceptions for settlement is extended and does not start until the motion is decided. The motion must be made within 30 days after the records are lost or destroyed.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 663.2. Pending the hearing of a motion pursuant to Section 663.1 to grant a new trial, the time within which a bill of exceptions may be prepared, served, or presented for settlement shall be extended and shall not commence to run until the decision upon the motion. The motion must be made within 30 days after the loss or destruction of the records. (Added by Stats. 1953, Ch. 52.)
663a
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. )
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A party seeking to set aside and vacate a judgment must file and serve a notice of intention stating the grounds and particulars, within the stated time limits.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 7. Provisions Relating to Trials in General [646 - 663.2] ( Chapter 7 enacted 1872. ) ## ARTICLE 2. New Trials [656 - 663.2] ( Article 2 enacted 1872. ) ## 663a. (a) A party intending to make a motion to set aside and vacate a judgment, as described in Section 663, shall file with the clerk and serve upon the adverse party a notice of his or her intention, designating the grounds upon which the motion will be made, and specifying the particulars in which the legal basis for the decision is not consistent with or supported by the facts, or in which the judgment or decree is not consistent with the special verdict, either: (1) After the decision is rendered and before the entry of judgment. (2) Within 15 days of the date of mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest. (b) Except as otherwise provided in Section 12a, the power of the court to rule on a motion to set aside and vacate a judgment shall expire 75 days from the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or 75 days after service upon the moving party by any party of written notice of entry of the judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move to set aside and vacate the judgment. If that motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court. A motion to set aside and vacate a judgment is not determined within the meaning of this section until an order ruling on the motion is entered in the permanent minutes of the court, or signed by the judge and filed with the clerk. The entry of an order to set aside and vacate the judgment in the permanent minutes of the court shall constitute a determination of the motion even though that minute order, as entered, expressly directs that a written order be prepared, signed, and filed. The minute entry shall, in all cases, show the date on which the order is entered in the permanent minutes, but failure to comply with this direction shall not impair the validity or effectiveness of the order. (c) The provisions of Section 1013 extending the time for exercising a right or doing an act where service is by mail shall not apply to extend the times specified in paragraphs (1) and (2) of subdivision (a). (d) The moving, opposing, and reply briefs and any accompanying documents shall be filed and served within the periods specified by Section 659a and the hearing on the motion shall be set in the same manner as the hearing on a motion for new trial under Section 660. (e) An order of the court granting a motion may be reviewed on appeal in the same manner as a special order made after final judgment. (Amended by Stats. 2018, Ch. 317, Sec. 2. (AB 2230) Effective January 1, 2019.)
664.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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In covered contested actions or special proceedings, the submitting party must serve and file notice of entry of judgment; the clerk must do so in certain unrepresented-prevailing-party cases, and the court may order the clerk to serve notice in any case.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 664.5. (a) In any contested action or special proceeding other than a small claims action or an action or proceeding in which a prevailing party is not represented by counsel, the party submitting an order or judgment for entry shall prepare and serve, a copy of the notice of entry of judgment to all parties who have appeared in the action or proceeding and shall file with the court the original notice of entry of judgment together with the proof of service. This subdivision does not apply in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation. (b) Promptly upon entry of judgment in a contested action or special proceeding in which a prevailing party is not represented by counsel, the clerk of the court shall serve notice of entry of judgment to all parties who have appeared in the action or special proceeding and shall execute a certificate of service and place it in the court’s file in the cause. (c) For purposes of this section, “judgment” includes any judgment, decree, or signed order from which an appeal lies. (d) Upon order of the court in any action or special proceeding, the clerk shall serve notice of entry of any judgment or ruling, whether or not appealable. (e) The Judicial Council shall provide by rule of court that, upon entry of judgment in a contested action or special proceeding in which a state statute or regulation has been declared unconstitutional by the court, the Attorney General is promptly notified of the judgment and that a certificate of that service is placed in the court’s file in the cause. (Amended by Stats. 2017, Ch. 319, Sec. 1. (AB 976) Effective January 1, 2018.)
664.6.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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This section lets a court enter judgment or dismiss a settled case without prejudice when the parties stipulate in the required form, and it requires the Judicial Council to update or create forms or rules by January 1, 2025.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 664.6. (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If the parties to the settlement agreement or their counsel stipulate in writing or orally before the court, the court may dismiss the case as to the settling parties without prejudice and retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: (1) The party. (2) An attorney who represents the party. (3) If an insurer is defending and indemnifying a party to the action, an agent who is authorized in writing by the insurer to sign on the party’s behalf. This paragraph does not apply if the party whom the insurer is defending would be liable under the terms of the settlement for any amount above the policy limits. (c) Paragraphs (2) and (3) of subdivision (b) do not apply in a civil harassment action, an action brought pursuant to the Family Code, an action brought pursuant to the Probate Code, or a matter that is being adjudicated in a juvenile court or a dependency court. (d) In addition to any available civil remedies, an attorney who signs a writing on behalf of a party pursuant to subdivision (b) without the party’s express authorization shall, absent good cause, be subject to professional discipline. (e) (1) If a plaintiff, cross-complainant, or other party seeking affirmative relief has filed a notice of conditional settlement, the court may, upon its own motion, without stipulation from the parties or their counsel, set an order to show cause as to why the court should not dismiss the entire action without prejudice and retain jurisdiction to enforce the settlement. (2) This subdivision does not apply to actions brought pursuant to Chapter 5 of Title 3 of Part 2 of the Code of Civil Procedure (commencing with Section 378) and Part 13 of Division 2 of the Labor Code (commencing with Section 2698). (f) If the Court enters judgment or dismisses the case without prejudice pursuant to this section, the following shall apply: (1) A party may file a motion or other document pertaining to the settlement, including an application for determination of good faith settlement, a motion for the reduction or determination of a lien, a petition related to the compromise of the claim of a minor or person with a disability, or, if the terms of a settlement are not performed, a motion based upon such terms. Responsive filings and related documents may also be filed. (2) The court shall exercise its retained jurisdiction if a party files a notice that a written settlement agreement required of all parties was not signed by all parties. (3) A party who has paid a first appearance fee shall not be assessed a first appearance fee again for filing a motion, notice or other document pertaining to the settlement after entry of judgment or dismissal without prejudice. (4) The clerk of the court shall accept any motion, notice, or other document properly filed by a party after entry of judgment or dismissal without prejudice. (g) Nothing in this section shall preclude a party from filing a request for dismissal with prejudice after the court has dismissed the case without prejudice pursuant to this section. (h) On or before January 1, 2025, the Judicial Council shall update or develop new forms or Rules of Court as necessary to implement this section. (i) This section shall become operative on January 1, 2025. (Repealed (in Sec. 12) and added by Stats. 2023, Ch. 478, Sec. 13. (AB 1756) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
664.7.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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In a pending construction defect action, the court may enter judgment based on a signed settlement, and it may keep jurisdiction to enforce the settlement if the parties request it.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 664.7. (a) Notwithstanding Section 664.6, if parties to a pending construction defect action stipulate personally or, where a party’s contribution is paid on its behalf pursuant to a policy of insurance, the parties stipulate through their respective counsel, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) It is the intent of the Legislature that this section modify the holding of Levy v. Superior Court (1995), 10 Cal. 4th 578, regarding the authority of counsel in a construction defect action to bind a party to a settlement. (c) For purposes of this section, “construction defect action” shall mean any civil action that seeks monetary recovery against a developer, builder, design professional, general contractor, material supplier, or subcontractor of any residential dwelling based upon a claim for alleged defects in the design or construction of the residential dwelling unit. (Added by Stats. 1998, Ch. 856, Sec. 1. Effective January 1, 1999.)
665.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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If a case is reserved for argument or further consideration, either party may bring it before the Court for argument.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 665. When the case is reserved for argument or further consideration, as mentioned in the last section, it may be brought by either party before the Court for argument. (Enacted 1872.)
666.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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If a cross-complaint claim is proven and exceeds the opposing party’s demand, the cross-complaint party must get judgment for the excess; if the party is entitled to other affirmative relief, judgment must be entered accordingly.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 666. If a claim asserted in a cross-complaint is established at the trial and the amount so established exceeds the demand established by the party against whom the cross-complaint is asserted, judgment for the party asserting the cross-complaint must be given for the excess; or if it appears that the party asserting the cross-complaint is entitled to any other affirmative relief, judgment must be given accordingly. When the amount found due to either party exceeds the sum for which the court is authorized to enter judgment, such party may remit the excess, and judgment may be rendered for the residue. (Amended by Stats. 1971, Ch. 244.)
667.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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In an action to recover personal property, the plaintiff’s judgment may be for possession, or for the property’s value if delivery cannot be had, plus damages for detention.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 667. In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same. (Amended by Stats. 1982, Ch. 497, Sec. 37. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
667.7.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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In certain health care injury or damage cases, the superior court must or may order future damages to be paid in periodic payments instead of a lump sum, especially when future damages are at least $250,000 and a party requests it.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 667.7. (a) In any action for injury or damages against a provider of health care services, a superior court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds two hundred fifty thousand dollars ($250,000) in future damages. In entering a judgment ordering the payment of future damages by periodic payments, the court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages. As a condition to authorizing periodic payments of future damages, the court shall require the judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages awarded by the judgment. Upon termination of periodic payments of future damages, the court shall order the return of this security, or so much as remains, to the judgment debtor. (b) (1) The judgment ordering the payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made. Such payments shall only be subject to modification in the event of the death of the judgment creditor. (2) In the event that the court finds that the judgment debtor has exhibited a continuing pattern of failing to make the payments, as specified in paragraph (1), the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including court costs and attorney’s fees. (c) However, money damages awarded for loss of future earnings shall not be reduced or payments terminated by reason of the death of the judgment creditor, but shall be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately prior to their death. In such cases the court which rendered the original judgment, may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subdivision. (d) Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make further payments shall cease and any security given, pursuant to subdivision (a) shall revert to the judgment debtor. (e) As used in this section: (1) “Future damages” includes damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering of the judgment creditor. (2) “Periodic payments” means the payment of money or delivery of other property to the judgment creditor at regular intervals. (3) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider. (4) “Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital. (f) It is the intent of the Legislature in enacting this section to authorize the entry of judgments in malpractice actions against health care providers which provide for the payment of future damages through periodic payments rather than lump-sum payments. By authorizing periodic payment judgments, it is the further intent of the Legislature that the courts will utilize such judgments to provide compensation sufficient to meet the needs of an injured plaintiff and those persons who are dependent on the plaintiff for whatever period is necessary while eliminating the potential windfall from a lump-sum recovery which was intended to provide for the care of an injured plaintiff over an extended period who then dies shortly after the judgment is paid, leaving the balance of the judgment award to persons and purposes for which it was not intended. It is also the intent of the Legislature that all elements of the periodic payment program be specified with certainty in the judgment ordering such payments and that the judgment not be subject to modification at some future time which might alter the specifications of the original judgment. (Amended by Stats. 2022, Ch. 17, Sec. 4. (AB 35) Effective January 1, 2023.)
668.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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The clerk of the superior court must keep a judgment book with the court records, except as provided in Section 668.5.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 668. Except as provided in Section 668.5, the clerk of the superior court, must keep, with the records of the court, a book called the “judgment book,” in which judgments must be entered. (Amended by Stats. 2002, Ch. 784, Sec. 66. Effective January 1, 2003.)
668.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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In certain counties, the court clerk does not have to enter judgments in a judgment book if the judgment is placed in the file of actions and a copy or record entry is made first; the filing date counts as the entry date.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 668.5. In those counties where the clerk of the court places individual judgments in the file of actions and either a microfilm copy of the individual judgment is made, or the judgment is entered in the register of actions, or into the court’s electronic data-processing system, prior to placement of the judgment in the file of actions, the clerk shall not be required to enter judgments in a judgment book, and the date of filing the judgment with the clerk shall constitute the date of its entry. (Amended by Stats. 1983, Ch. 464, Sec. 1.)
669.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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If a party dies after trial or after a verdict, but before judgment, the court may still enter judgment.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 669. If a party dies after trial and submission of the case to a judge sitting without a jury for decision or after a verdict upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. (Amended by Stats. 1980, Ch. 124, Sec. 2.)
670.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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In superior courts, the listed papers make up the judgment roll.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 670. In superior courts the following papers, without being attached together, shall constitute the judgment roll: (a) In case the complaint is not answered by any defendant, the summons, with the affidavit or proof of service; the complaint; the request for entry of default with a memorandum indorsed thereon that the default of the defendant in not answering was entered, and a copy of the judgment; if defendant has appeared by demurrer, and the demurrer has been overruled, then notice of the overruling thereof served on defendant’s attorney, together with proof of the service; and in case the service so made is by publication, the affidavit for publication of summons, and the order directing the publication of summons. (b) In all other cases, the pleadings, all orders striking out any pleading in whole or in part, a copy of the verdict of the jury, the statement of decision of the court, or finding of the referee, and a copy of any order made on demurrer, or relating to a change of parties, and a copy of the judgment; if there are two or more defendants in the action, and any one of them has allowed judgment to pass against him or her by default, the summons, with proof of its service, on the defendant, and if the service on the defaulting defendant be by publication, then the affidavit for publication, and the order directing the publication of the summons. (Amended by Stats. 2002, Ch. 784, Sec. 67. Effective January 1, 2003.)
673.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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An assignee of a judgment-related right may become the assignee of record by filing an acknowledgment with the court clerk.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 673. (a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment. (b) An acknowledgment of assignment of judgment shall contain all of the following: (1) The title of the court where the judgment is entered and the cause and number of the action. (2) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court. (3) The name and address of the judgment creditor and name and last known address of the judgment debtor. (4) A statement describing the right represented by the judgment that is assigned to the assignee. (5) The name and address of the assignee. (c) The acknowledgment of assignment of judgment shall be: (1) Made in the manner of an acknowledgment of a conveyance of real property. (2) Executed and acknowledged by the judgment creditor or by the prior assignee of record if there is one. (d) (1) If an acknowledgment of assignment of judgment purports to be executed or acknowledged by an authorized agent of the judgment creditor or an authorized agent of a prior assignee of record, then documentation sufficient to evidence that authorization shall be filed together with the acknowledgment of assignment of judgment. (2) Notwithstanding paragraph (1), an assignee of a right represented by a judgment may also become an assignee of record by filing with the clerk of the court that entered judgment a court order or other documentation that evidences assignment of judgment by operation of law. (Amended by Stats. 2020, Ch. 36, Sec. 22. (AB 3364) Effective January 1, 2021.)
674.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. )
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This section requires a money judgment abstract to be certified by the court clerk and to include specified information. It also allows certain incomplete abstracts to be amended and sets rules for adding alternate debtor names.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS [577 - 674] ( Title 8 enacted 1872. ) ## CHAPTER 8. The Manner of Giving and Entering Judgment [664 - 674] ( Chapter 8 enacted 1872. ) ## 674. (a) Except as otherwise provided in Section 4506 of the Family Code, an abstract of a judgment or decree requiring the payment of money shall be certified by the clerk of the court where the judgment or decree was entered and shall contain all of the following: (1) The title of the court where the judgment or decree is entered and cause and number of the action. (2) The date of entry of the judgment or decree and of any renewals of the judgment or decree and where entered in the records of the court. (3) The name and last known address of the judgment debtor and the address at which the summons was either personally served or mailed to the judgment debtor or the judgment debtor’s attorney of record. (4) The name and address of the judgment creditor. (5) The amount of the judgment or decree as entered or as last renewed. (6) The last four digits of the social security number and driver’s license number of the judgment debtor if they are known to the judgment creditor. If either or both of those sets of numbers are not known to the judgment creditor, that fact shall be indicated on the abstract of judgment. (7) Whether a stay of enforcement has been ordered by the court and, if so, the date the stay ends. (8) The date of issuance of the abstract. (b) An abstract of judgment, recorded after January 1, 1979, that does not list the social security number and driver’s license number of the judgment debtor, or either of them, as required by subdivision (a) or by Section 4506 of the Family Code, may be amended by the recording of a document entitled “Amendment to Abstract of Judgment.” The Amendment to Abstract of Judgment shall contain all of the information required by this section or by Section 4506 of the Family Code, and shall set forth the date of recording and the book and page location in the records of the county recorder of the original abstract of judgment. A recorded Amendment to Abstract of Judgment shall have priority as of the date of recordation of the original abstract of judgment, except as to any purchaser, encumbrancer, or lessee who obtained their interest after the recordation of the original abstract of judgment but prior to the recordation of the Amendment to Abstract of Judgment without actual notice of the original abstract of judgment. The purchaser, encumbrancer, or lessee without actual notice may assert as a defense against enforcement of the abstract of judgment the failure to comply with this section or Section 4506 of the Family Code regarding the contents of the original abstract of judgment notwithstanding the subsequent recordation of an Amendment to Abstract of Judgment. With respect to an abstract of judgment recorded between January 1, 1979, and July 10, 1985, the defense against enforcement for failure to comply with this section or Section 4506 of the Family Code may not be asserted by the holder of another abstract of judgment or involuntary lien, recorded without actual notice of the prior abstract, unless refusal to allow the defense would result in prejudice and substantial injury as used in Section 475. The recordation of an Amendment to Abstract of Judgment does not extend or otherwise alter the computation of time as provided in Section 697.310. (c) (1) The abstract of judgment shall be certified in the name of the judgment debtor as listed on the judgment and may also include the additional name or names by which the judgment debtor is known as set forth in the affidavit of identity, as defined in Section 680.135, filed by the judgment creditor with the application for issuance of the abstract of judgment. Prior to the clerk of the court certifying an abstract of judgment containing any additional name or names by which the judgment debtor is known that are not listed on the judgment, the court shall approve the affidavit of identity. If the court determines, without a hearing or a notice, that the affidavit of identity states sufficient facts upon which the judgment creditor has identified the additional names of the judgment debtor, the court shall authorize the certification of the abstract of judgment with the additional name or names. (2) The remedies provided in Section 697.410 apply to a recorded abstract of a money judgment based upon an affidavit of identity that appears to create a judgment lien on real property of a person who is not the judgment debtor. (Amended by Stats. 2007, Ch. 189, Sec. 1. Effective January 1, 2008.)
676.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This title is known as the Uniform Foreign-Money Claims Act and may be cited by that name.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676. This title shall be known and may be cited as the Uniform Foreign-Money Claims Act. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.1.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This section defines key terms used in the Uniform Foreign-Money Claims Act.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.1. As used in this title: (1) “Action” means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. (2) “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell foreign money at a spot rate. (3) “Conversion date” means the banking day next preceding the date on which money, in accordance with this title, is (i) paid to a claimant in an action or distribution proceeding, (ii) paid to the official designated by law to enforce a judgment or award on behalf of a claimant, or (iii) used to recoup, setoff, or counterclaim in different moneys in an action or distribution proceeding. (4) “Distribution proceeding” means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund. (5) “Foreign money” means money other than money of the United States of America. (6) “Foreign-money claim” means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money. (7) “Money” means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement. (8) “Money of the claim” means the money determined as proper pursuant to Section 676.4. (9) “Person” means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. (10) “Rate of exchange” means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim. (11) “Spot rate” means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days. (12) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.10.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This section says how a foreign-money judgment is enforced in California, including how payments are credited and how a judgment entered in another state in U.S. dollars must be enforced.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.10. (a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment shall be entered as provided in Section 676.7, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars. (b) A foreign judgment may be enforced in accordance with Title 11 (commencing with Section 1710.10) of Part 3. (c) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, shall be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state. (d) A judgment entered on a foreign-money claim only in United States dollars in another state shall be enforced in this state in United States dollars only. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.11.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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For certain court enforcement requests, the party must calculate the foreign-money amount in U.S. dollars and file an affidavit or certificate with the request.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.11. (a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. (b) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, shall be ascertained as provided in subdivisions (c) and (d). (c) A party seeking process, costs, bond, or other undertaking under subdivision (b) shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking. (d) A party seeking the process, costs, bond, or other undertaking under subdivision (b) shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.12.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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If a foreign-money judgment or award is entered before a foreign currency is replaced, the court or arbitrator must convert and amend it using the new money.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.12. (a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money. (b) If substitution under subdivision (a) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.13.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This section says general principles of law and equity supplement the title’s provisions unless a specific provision displaces them.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.13. Unless displaced by particular provisions of this title, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.14.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This title is to be applied and interpreted to make the law on this subject uniform among states that enact it.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.14. This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.15.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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If part of this title is held invalid, the rest of the title remains effective if it can operate without the invalid part.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.15. If any provision of this title or its application to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.16.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This title applies to actions and distribution proceedings commenced on or after January 1, 1992.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.16. This title applies to actions and distribution proceedings commenced on or after January 1, 1992. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.2.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This title applies only to foreign-money claims in an action or distribution proceeding, and it also applies to foreign-money issues in those proceedings even if another law governs other issues.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.2. (a) This title applies only to a foreign-money claim in an action or distribution proceeding. (b) This title applies to foreign-money issues even if other law under the conflict-of-laws rules of this state applies to other issues in the action or distribution proceeding. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.3.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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The parties may vary this title by agreement, and parties to a transaction may choose the money used in the transaction.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.3. (a) The effect of this title may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. (b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.4.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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The claim for payment uses the money the parties agreed on; if they did not agree, the claim uses the relevant money described in the section.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.4. (a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. (b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is one of the following: (1) The money regularly used between the parties as a matter of usage or course of dealing. (2) The money used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved. (3) The money in which the loss was ultimately felt or will be incurred by the party claimant. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.5.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This section sets rules for converting foreign-money payment amounts, including how to handle pre-default exchange rates and when a court or arbitrator must correct a judgment or award.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.5. (a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date. (c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid in the debtor’s money, when received by the creditor, shall equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.6.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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A person may bring a claim in a specified foreign currency, and an opposing party may challenge the currency used. Defenses, setoff, recoupment, and counterclaims may be asserted in any currency.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.6. (a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. (b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant. (c) A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims. (d) The determination of the proper money of the claim is a question of law. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.7.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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This section tells how judgments and awards on foreign-money claims must be stated and paid, including when they may be converted into U.S. dollars.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.7. (a) Except as provided in subdivision (c), a judgment or award on a foreign-money claim shall be stated in an amount of the money of the claim. (b) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate. (c) Assessed costs shall be entered in United States dollars. (d) Each payment in United States dollars shall be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment. (e) A judgment or award made in an action or distribution proceeding on both (1) a defense, setoff, recoupment, or counterclaim and (2) the adverse party’s claim, shall be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used. (f) A judgment substantially in the following form complies with subdivision (a): “IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate--see Section 676.9) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.‛ (g) If a contract claim is of the type covered by subdivision (a) or (b) of Section 676.5, the judgment or award shall be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate. (h) A judgment shall be entered in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.8.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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In a distribution proceeding, a foreign-money claimant must state the claim in the named foreign money and show the U.S. dollar amount converted as of the date the proceeding was initiated.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.8. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated. (Added by Stats. 1991, Ch. 932, Sec. 1.)
676.9.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. )
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For foreign-money claims, prejudgment or pre-award interest is governed by the substantive law for the recovery right, except as provided in subdivision (b).

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT [676 - 676.16] ( Title 8.5 added by Stats. 1991, Ch. 932, Sec. 1. ) ## 676.9. (a) With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subdivision (b), are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state. (b) The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense. (c) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state. (Added by Stats. 1991, Ch. 932, Sec. 1.)
680.010.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This title is called the Enforcement of Judgments Law and may be cited by that name.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.010. This title shall be known and may be cited as the Enforcement of Judgments Law. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.110.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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The chapter’s definitions control how this title is construed, unless the provision or context requires otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.110. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.120.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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“Account debtor” is defined by reference to the Commercial Code definition in Section 9102(a)(3).

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.120. “Account debtor” means “account debtor” as defined in paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 15.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
680.130.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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“Account receivable” means “account” as defined in the Commercial Code.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.130. “Account receivable” means “account” as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 16. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
680.135.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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Defines “Affidavit of Identity” and requires a judgment creditor to file it with the court clerk, include specified identifying facts, and not include names of other persons or entities not separately named in the judgment.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.135. “Affidavit of Identity” means an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment. The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment debtor’s additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor. (Added by Stats. 2000, Ch. 639, Sec. 2. Effective January 1, 2001.)
680.140.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section defines “chattel paper” by referring to the definition in Section 9102 of the Commercial Code.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.140. “Chattel paper” means “chattel paper” as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 16.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
680.145.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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For this code section, “child support” also means family support.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.145. “Child support” includes family support. (Added by Stats. 1992, Ch. 163, Sec. 29. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
680.150.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section defines “costs” as costs and disbursements, including statutory fees, charges, commissions, and expenses.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.150. “Costs” means costs and disbursements, including but not limited to statutory fees, charges, commissions, and expenses. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.160.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section defines “court” as the court where the judgment being enforced was entered.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.160. “Court” means the court where the judgment sought to be enforced was entered. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.170.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section defines “deposit account” by referring to the meaning in the Commercial Code.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.170. “Deposit account” means “deposit account” as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 16.2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
680.180.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section defines “document of title” by reference to the Commercial Code and says when such a document is negotiable.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.180. “Document of title” means “document” as defined in paragraph (30) of subdivision (a) of Section 9102 of the Commercial Code. A document of title is negotiable if it is negotiable within the meaning of Section 7104 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 16.3. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
680.190.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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“Equity” is defined as the fair market value of the judgment debtor’s interest in property, minus liens and encumbrances senior to the judgment creditor’s lien.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.190. “Equity” means the fair market value of the interest of the judgment debtor in property, or in the case of community property the fair market value of the interest of the judgment debtor and the spouse of the judgment debtor in the property, over and above all liens and encumbrances on the interest superior to the judgment creditor’s lien. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.200.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section defines “financial institution” for this chapter.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.200. “Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization, and includes a corporation engaged in a safe deposit business. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.210.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “general intangibles” as the meaning used in the Commercial Code, and says they consist of rights to payment.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.210. “General intangibles” means “general intangibles,” as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment. (Amended by Stats. 1999, Ch. 991, Sec. 17. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
680.220.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “instrument” by referring to the meaning given in the Commercial Code.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.220. “Instrument” means “instrument”, as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 17.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
680.230.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “judgment” as a judgment, order, or decree entered in a court of this state.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.230. “Judgment” means a judgment, order, or decree entered in a court of this state. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.240.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “judgment creditor.”

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.240. “Judgment creditor” means the person in whose favor a judgment is rendered or, if there is an assignee of record, means the assignee of record. Unless the context otherwise requires, the term also includes the guardian or conservator of the estate, personal representative, or other successor in interest of the judgment creditor or assignee of record. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.250.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “judgment debtor” as the person against whom a judgment is rendered.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.250. “Judgment debtor” means the person against whom a judgment is rendered. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.260.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “levying officer” as the sheriff or marshal.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.260. “Levying officer” means the sheriff or marshal. (Amended by Stats. 1996, Ch. 872, Sec. 16. Effective January 1, 1997.)
680.270.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

“Money judgment” means the part of a judgment that requires payment of money.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.270. “Money judgment” means that part of a judgment that requires the payment of money. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.280.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

“Person” includes several kinds of legal and natural entities.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.280. “Person” includes a natural person, a corporation, a partnership or other unincorporated association, a general partner of a partnership, a limited liability company, and a public entity. (Amended by Stats. 1994, Ch. 1010, Sec. 60. Effective January 1, 1995.)
680.290.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

“Personal property” means both tangible and intangible personal property.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.290. “Personal property” includes both tangible and intangible personal property. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.300.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “principal amount of the judgment.”

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.300. “Principal amount of the judgment” means the total amount of the judgment as entered or as last renewed, together with the costs thereafter added to the judgment pursuant to Section 685.090, reduced by any partial satisfactions of such amount and costs and by any amounts no longer enforceable. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.310.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “property” to include real property, personal property, and any interest in either.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.310. “Property” includes real and personal property and any interest therein. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.320.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

“Real property” includes any right in real property, including a leasehold interest.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.320. “Real property” includes any right in real property, including but not limited to a leasehold interest in real property. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.330.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

“Registered process server” means a person who is registered as a process server under the referenced Business and Professions Code chapter.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.330. “Registered process server” means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.340.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “secured party” by referring to the Commercial Code definition in Section 9102.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.340. “Secured party” means “secured party” as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 2013, Ch. 531, Sec. 4. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
680.345.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

“Security” means the meaning given in Section 8102 of the Commercial Code.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.345. “Security” means a “security” as defined in Section 8102 of the Commercial Code. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.350.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “security agreement” by referring to the definition in the Commercial Code.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.350. “Security agreement” means “security agreement” as defined in paragraph (74) of subdivision (a) of Section 9102 of the Commercial Code. (Amended by Stats. 2013, Ch. 531, Sec. 5. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
680.360.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “security interest” by referring to the definition in Section 1201 of the Commercial Code.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.360. “Security interest” means “security interest” as defined in Section 1201 of the Commercial Code. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.365.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

For this section, “spousal support” includes support for a former spouse.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.365. “Spousal support” includes support for a former spouse. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.370.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section defines “tangible personal property” to include chattel paper, documents of title, instruments, securities, and money.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.370. “Tangible personal property” includes chattel paper, documents of title, instruments, securities, and money. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
680.380.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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“Writ” includes several kinds of writs: execution, possession of personal property, possession of real property, and sale.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 1. Short Title and Definitions [680.010 - 680.380] ( Chapter 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 680.380. “Writ” includes a writ of execution, a writ of possession of personal property, a writ of possession of real property, and a writ of sale. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
681.010.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section says different kinds of judgments are enforceable under different parts of the code, unless another statute provides otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 681.010. Except as otherwise provided by statute: (a) A money judgment is enforceable as provided in Division 2 (commencing with Section 695.010). (b) A judgment for possession of personal property is enforceable as provided in Chapter 2 (commencing with Section 714.010) of Division 3. (c) A judgment for possession of real property is enforceable as provided in Chapter 3 (commencing with Section 715.010) of Division 3. (d) A judgment for sale of real or personal property is enforceable as provided in Chapter 4 (commencing with Section 716.010) of Division 3. (e) A judgment requiring performance of an act not described in subdivisions (a) to (d), inclusive, or requiring forbearance from performing an act, is enforceable as provided in Chapter 5 (commencing with Section 717.010) of Division 3. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
681.020.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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An assignee of a judgment cannot enforce the judgment under this title unless an acknowledgment of assignment has been filed or the assignee is otherwise a record assignee under Section 673.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 681.020. An assignee of a judgment is not entitled to enforce the judgment under this title unless an acknowledgment of assignment of judgment to that assignee has been filed or the assignee has otherwise become an assignee of record under Section 673. (Amended by Stats. 2020, Ch. 36, Sec. 23. (AB 3364) Effective January 1, 2021.)
681.030.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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The Judicial Council may make rules and prescribe forms for proceedings under this title, and it must prepare a form listing certain judgment-exemption information.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 681.030. (a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title. (b) The Judicial Council may prescribe the form of the applications, notices, orders, writs, and other papers to be used under this title. The Judicial Council may prescribe forms in languages other than English. The timely completion and return of a Judicial Council form prescribed in a language other than English has the same force and effect as the timely completion and return of an English language form. (c) The Judicial Council shall prepare a form containing all of the following: (1) A list of each of the federal and this state’s exemptions from enforcement of a money judgment against a natural person. (2) A citation to the relevant statute of the United States or this state which creates each of the exemptions. (3) Information on how to obtain the list of exemption amounts published pursuant to subdivision (f) of Section 703.150. (Amended by Stats. 2023, Ch. 131, Sec. 19. (AB 1754) Effective January 1, 2024.)
681.035.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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The California Law Revision Commission may keep reviewing enforcement of judgments and make recommendations to the Governor and the Legislature.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 681.035. The California Law Revision Commission is authorized to maintain a continuing review of and submit recommendations to the Governor and the Legislature concerning enforcement of judgments. (Added by Stats. 2013, Ch. 15, Sec. 1. (AB 567) Effective January 1, 2014.)
681.040.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A paper that must or may be filed with a levying officer counts as filed when the officer actually receives it.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 681.040. If a paper is required or permitted to be filed with a levying officer under this title, the paper is considered filed when it is actually received by the levying officer. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
681.050.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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If part of this title is held invalid, the rest still applies if it can work without the invalid part.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 2. General Provisions [681.010 - 681.050] ( Chapter 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 681.050. If any provision or clause of this title or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.010.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A judgment is enforceable when entered, unless another statute or the judgment itself says otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.010. Except as otherwise provided by statute or in the judgment, a judgment is enforceable under this title upon entry. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.020.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A money judgment, or a judgment for possession or sale of property, generally cannot be enforced after 10 years from entry, unless another statute provides otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.020. Except as otherwise provided by statute, upon the expiration of 10 years after the date of entry of a money judgment or a judgment for possession or sale of property: (a) The judgment may not be enforced. (b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease. (c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.030.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

For money judgments paid in installments, the 10-year enforceability period runs separately for each installment and for costs.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.030. If a money judgment is payable in installments, the 10-year period of enforceability prescribed by Section 683.020 runs as to each installment from the date the installment becomes due and runs as to costs from the date the costs are added to the judgment pursuant to Section 685.090. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.040.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

If a judgment creditor seeks a writ more than 10 years after the judgment was entered or renewed, the application must include an affidavit from a person with knowledge of the facts.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.040. If the judgment creditor applies for a writ for the enforcement of a judgment and the application is made more than 10 years after the date the judgment was entered or renewed, the application shall be accompanied by an affidavit of a person having knowledge of the facts stating facts showing that the issuance of the writ sought in the application is not barred under this chapter. A copy of the affidavit shall be attached to the writ when issued. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.050.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A judgment creditor may bring an action on a judgment, but it must be filed within the time allowed by Section 337.5; actions on judgments identified in Section 683.110(c) are barred.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Period for Enforcement of Judgments [683.010 - 683.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.050. (a) Except as provided in subdivision (b), nothing in this chapter limits any right the judgment creditor may have to bring an action on a judgment, but any such action shall be commenced within the period prescribed by Section 337.5. (b) Notwithstanding subdivision (a), no action on a judgment may be brought on a judgment identified in subdivision (c) of Section 683.110. (Amended by Stats. 2022, Ch. 883, Sec. 1. (SB 1200) Effective January 1, 2023.)
683.110.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section lets a judgment creditor renew the enforceability period for certain judgments, but not more than once for specified medical-expense and personal-debt money judgments, and not if the renewal application is filed within five years of the prior renewal.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.110. (a) The period of enforceability of a money judgment or a judgment for possession or sale of property may be extended by renewal of the judgment as provided in this article. (b) A judgment shall not be renewed under this article if the application for renewal is filed within five years from the time the judgment was previously renewed under this article. (c) Notwithstanding subdivision (a), a judgment creditor may renew the period of enforceability of the following types of money judgments only once pursuant to subdivision (c) of Section 683.120: (1) A judgment on a claim related to medical expenses if the principal amount of the money judgment remaining unsatisfied against a debtor is under two hundred thousand dollars ($200,000). (2) A judgment on a claim related to personal debt if the principal amount of the money judgment remaining unsatisfied against a debtor is under fifty thousand dollars ($50,000). (d) For purposes of this section, the following definitions apply: (1) “Debtor” means a natural person from whom money is due or owing or alleged to be due or owing. (2) “Due or owing” does not include debts incurred due to or obtained by tortious or fraudulent conduct or judgments for unpaid wages, damages, or penalties owed to an employee. (3) “Personal debt” means money due or owing or alleged to be due or owing from a natural person arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for the debtor’s personal, family, or household purposes. (Amended by Stats. 2023, Ch. 131, Sec. 20. (AB 1754) Effective January 1, 2024.)
683.120.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A judgment creditor may renew a judgment by filing an application with the court that entered it.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.120. (a) The judgment creditor may renew a judgment by filing an application for renewal of the judgment with the court in which the judgment was entered. (b) Except as otherwise provided in this article, the filing of the application renews the judgment in the amount determined under Section 683.150 and extends the period of enforceability of the judgment as renewed for a period of 10 years from the date the application is filed. (c) Notwithstanding subdivisions (a) and (b), for a judgment identified in subdivision (c) of Section 683.110, a judgment creditor may renew the judgment only once. The filing of the application under this subdivision renews the judgment in the amount determined under Section 683.150 and extends the period of enforceability of the judgment as renewed for a period of five years from the date the application is filed. No application may be filed if the judgment was renewed on or before December 31, 2022. (d) In the case of a money judgment payable in installments, for the purposes of enforcement and of any later renewal, the amount of the judgment as renewed shall be treated as a lump-sum money judgment entered on the date the application is filed. (Amended by Stats. 2022, Ch. 883, Sec. 3. (SB 1200) Effective January 1, 2023.)
683.130.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section sets when a judgment renewal application may be filed, depending on the type of judgment and whether it has been renewed before.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.130. (a) In the case of a lump-sum money judgment or a judgment for possession or sale of property, the application for renewal of the judgment may be filed at any time before the expiration of the 10-year period of enforceability provided by Section 683.020 or, if the judgment is a renewed judgment, at any time before the expiration of the 10-year period of enforceability of the renewed judgment provided by Section 683.120. (b) In the case of a money judgment payable in installments, the application for renewal of the judgment may be filed: (1) If the judgment has not previously been renewed, at any time as to past due amounts that at the time of filing are not barred by the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030. (2) If the judgment has previously been renewed, within the time specified by subdivision (a) as to the amount of the judgment as previously renewed and, as to any past due amounts that became due and payable after the previous renewal, at any time before the expiration of the 10-year period of enforceability provided by Sections 683.020 and 683.030. (Amended by Stats. 2000, Ch. 808, Sec. 4. Effective September 28, 2000.)
683.140.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A renewal application must be sworn and include specified court, case, date, and party information, plus amount or remaining-performance details where applicable.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.140. The application for renewal of the judgment shall be executed under oath and shall include all of the following: (a) The title of the court where the judgment is entered and the cause and number of the action. (b) The date of entry of the judgment and of any renewals of the judgment and where entered in the records of the court. (c) The name and address of the judgment creditor and the name and last known address of the judgment debtor. However, the judgment creditor shall omit the name of a judgment debtor from the application for a writ of execution if the liability of that judgment debtor has ceased with regard to the judgment, including either of the following occurrences: (1) The judgment debtor has obtained a discharge of the judgment pursuant to Title 11 of the United States Code and notice thereof has been filed with the court. (2) The judgment creditor files an acknowledgment of satisfaction of judgment with regard to the judgment debtor pursuant to Chapter 1 (commencing with Section 724.010) of Division 5. (d) In the case of a money judgment, the information necessary to compute the amount of the judgment as renewed. In the case of a judgment for possession or sale of property, a description of the performance remaining due. (Amended by Stats. 2013, Ch. 176, Sec. 1. (SB 551) Effective January 1, 2014.)
683.150.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

When an application for renewal is filed, the court clerk must enter the renewal in the court records.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.150. (a) Upon the filing of the application, the court clerk shall enter the renewal of the judgment in the court records. (b) The fee for filing an application for renewal of judgment is as provided in subdivision (b) of Section 70626 of the Government Code. (c) In the case of a money judgment, the entry of renewal shall show the amount of the judgment as renewed. Except as provided in subdivisions (d) and (e), this amount is the amount required to satisfy the judgment on the date of the filing of the application for renewal and includes the fee for the filing of the application for renewal. (d) In the case of a money judgment payable in installments not previously renewed, the amount of the judgment as renewed is the total of the past due installments, the costs added to the judgment pursuant to Section 685.090, and the accrued interest, which remains unsatisfied and is enforceable on the date of the filing of the application for renewal and includes the fee for the filing of the application for renewal. (e) In the case of a money judgment payable in installments previously renewed, the amount of the judgment as renewed under the latest renewal is the total of the following which remains unsatisfied and is enforceable on the date of the filing of the application for the latest renewal: (1) The amount of the judgment as renewed under the previous renewal. (2) The past due installments that became due and payable after the previous renewal. (3) The costs that have been added to the judgment pursuant to Section 685.090 after the previous renewal. (4) The interest that has accrued on the amounts described in paragraphs (1), (2), and (3) since the last renewal. (5) The fee for filing the application for renewal. (f) In the case of a judgment for possession or sale of property, the entry of renewal shall describe the performance remaining due. (Amended by Stats. 2005, Ch. 75, Sec. 36. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
683.160.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

The judgment creditor must serve a renewal notice on the judgment debtor and file proof of service with the court clerk.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.160. (a) The judgment creditor shall serve a notice of renewal of the judgment on the judgment debtor. Service shall be made personally or by first-class mail and proof of service shall be filed with the court clerk. The notice shall be in a form prescribed by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 60 days within which to make a motion to vacate or modify the renewal. (b) Until proof of service is filed pursuant to subdivision (a), no writ may be issued, nor may any enforcement proceedings be commenced to enforce the judgment, except to the extent that the judgment would be enforceable had it not been renewed. (Amended by Stats. 2022, Ch. 883, Sec. 4. (SB 1200) Effective January 1, 2023.)
683.170.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A judgment debtor may ask the court to vacate a judgment renewal, but the motion must be filed within 60 days after notice of renewal is served.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.170. (a) The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article. (b) Not later than 60 days after service of the notice of renewal pursuant to Section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the court vacating the renewal of the judgment. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. (c) Upon the hearing of the motion, the renewal may be ordered vacated upon any ground provided in subdivision (a), and another and different renewal may be entered, including, but not limited to, the renewal of the judgment in a different amount if the decision of the court is that the judgment creditor is entitled to renewal in a different amount. (Amended by Stats. 2022, Ch. 883, Sec. 5. (SB 1200) Effective January 1, 2023.)
683.180.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A renewed judgment lien on real property can be extended, but only if a certified copy of the renewal application is recorded before the lien expires.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.180. (a) If a judgment lien on an interest in real property has been created pursuant to a money judgment and the judgment is renewed pursuant to this article, the duration of the judgment lien is extended until 10 years from the date of the filing of the application for renewal if, before the expiration of the judgment lien, a certified copy of the application for renewal is recorded with the county recorder of the county where the real property subject to the judgment lien is located. (b) A judgment lien on an interest in real property that has been transferred subject to the lien is not extended pursuant to subdivision (a) if the transfer was recorded before the application for renewal was filed unless both of the following requirements are satisfied: (1) A copy of the application for renewal is personally served on the transferee. (2) Proof of such service is filed with the court clerk within 90 days after the filing of the application for renewal. (Amended by Stats. 1983, Ch. 155, Sec. 9.5. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
683.190.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A qualifying lien can have its duration extended when the judgment is renewed and a certified copy of the renewal application is served or filed before the lien expires.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.190. If a lien (other than a judgment lien on an interest in real property or an execution lien) has been created by an enforcement procedure pursuant to a judgment and the judgment is renewed pursuant to this article, the duration of the lien is extended, subject to any other limitations on its duration under this title, until 10 years from the date of the filing of the application for renewal of the judgment if, before the expiration of the lien, a certified copy of the application for renewal is served on or filed with the same person and in the same manner as the notice or order that created the lien. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.200.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A renewed judgment can keep a previously started enforcement proceeding going if the required renewal copy is filed before the prior 10-year enforcement period expires.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.200. If a judgment is renewed pursuant to this article, any enforcement proceeding previously commenced pursuant to the judgment or to a writ or order issued pursuant to the judgment that would have ceased pursuant to Section 683.020 had the judgment not been renewed may be continued, subject to any other limitations provided in this title, if, before the expiration of the prior 10-year period of enforceability, a certified copy of the application for renewal of the judgment is filed with the levying officer, receiver, or other officer acting pursuant to such writ or order or, in other cases, is filed in the enforcement proceeding. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.210.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A judgment may be renewed even if enforcement is stayed, and the renewal does not change the stay.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.210. A judgment may be renewed notwithstanding any stay of enforcement of the judgment, but the renewal of the judgment does not affect the stay of enforcement. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.220.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

If a judgment is renewed under this article, the filing date of the renewal application is treated as the start date for the period to commence an action on the renewed judgment under Section 337.5.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Renewal of Judgments [683.110 - 683.220] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.220. If a judgment is renewed pursuant to this article, the date of the filing of the application for renewal shall be deemed to be the date that the period for commencing an action on the renewed judgment commences to run under Section 337.5. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
683.310.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Application of Chapter [683.310 - 683.320] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This chapter generally does not apply to judgments or orders made under the Family Code, unless the Family Code provides otherwise.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Application of Chapter [683.310 - 683.320] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.310. Except as otherwise provided in the Family Code, this chapter does not apply to a judgment or order made or entered pursuant to the Family Code. (Amended by Stats. 2000, Ch. 808, Sec. 5. Effective September 28, 2000.)
683.320.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Application of Chapter [683.310 - 683.320] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This chapter does not apply to certain money judgments against public entities.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 3. Period for Enforcement and Renewal of Judgments [683.010 - 683.320] ( Chapter 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Application of Chapter [683.310 - 683.320] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 683.320. This chapter does not apply to a money judgment against a public entity that is subject to Section 965.5 or 970.1 of the Government Code. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.010.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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If a notice, order, or other paper must be served on a judgment creditor under this title, and the creditor has an attorney of record, service must be made on the attorney instead of the creditor.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.010. Subject to Chapter 1 (commencing with Section 283) of Title 5 of Part 1 of this code and Section 215 of the Family Code, when a notice, order, or other paper is required to be served under this title on the judgment creditor, it shall be served on the judgment creditor’s attorney of record rather than on the judgment creditor if the judgment creditor has an attorney of record. (Amended by Stats. 1992, Ch. 163, Sec. 32. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
684.020.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section says service of certain papers on a judgment debtor must generally go to the debtor, but can go to the debtor’s attorney if the debtor files a request and the attorney consents.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.020. (a) Except as provided in subdivision (b), when a writ, notice, order, or other paper is required to be served under this title on the judgment debtor, it shall be served on the judgment debtor instead of the attorney for the judgment debtor. (b) The writ, notice, order, or other paper shall be served on the attorney specified by the judgment debtor rather than on the judgment debtor if all of the following requirements are satisfied: (1) The judgment debtor has filed with the court and served on the judgment creditor a request that service on the judgment debtor under this title be made by serving the attorney specified in the request. Service on the judgment creditor of the request shall be made personally or by mail. The request shall include a consent, signed by the attorney, to receive service under this title on behalf of the judgment debtor. (2) The request has not been revoked by the judgment debtor. (3) The consent to receive service has not been revoked by the attorney. (c) A request or consent under subdivision (b) may be revoked by filing with the court a notice revoking the request or consent. A copy of the notice revoking the request or consent shall be served on the judgment creditor. Service shall be made personally or by mail. The judgment creditor is not bound by the revocation until the judgment creditor has received a copy of the notice revoking the request or consent. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.030.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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Sections 684.010 and 684.020 do not apply to a subpoena or other process requiring a party’s attendance, or to a paper 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 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.030. Sections 684.010 and 684.020 do not apply to either of the following: (a) A subpoena or other process to require the attendance of a party. (b) A paper to bring a party into contempt. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.040.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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If this article requires service on an attorney, it must be made by personal delivery, by the method in Section 1011(1), or by mail under Section 684.120.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.040. If service on an attorney is required under this article, service on the attorney shall be made in any of the following ways: (a) By personal delivery to the attorney. (b) By service in the manner provided in subdivision (1) of Section 1011. (c) By mail in the manner provided in Section 684.120. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.050.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. )
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Service on the attorney for a judgment creditor or judgment debtor counts as service on that creditor or debtor for this title.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 1. Service on Attorney of Creditor or Debtor [684.010 - 684.050] ( Article 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.050. Service on the attorney for the judgment creditor or the judgment debtor pursuant to the provisions of this article constitutes service on the judgment creditor or judgment debtor for the purposes of this title. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.110.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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This section tells how personal service of legal process must be done, including special rules for service on an attorney and on certain financial institutions and title companies.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.110. (a) (1) Subject to subdivisions (b), (c), and (d), if legal process is required to be personally served under this title, service shall be made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5. (2) For purposes of this title, the term “legal process” shall refer to each and all of the writs, notices, orders, or other papers required or permitted to be served pursuant to this title. (b) If the legal process is required to be personally served under this title and service on an attorney is required under Article 1 (commencing with Section 684.010), service shall be made on the attorney in the manner provided in Section 684.040. (c) If the legal process is required to be personally served on (1) a financial institution in connection with a deposit account or with property held for safekeeping, as collateral for an obligation owed to the financial institution or in a safe-deposit box, (2) a title insurer (as defined in Section 12340.4 of the Insurance Code) or underwritten title company (as defined in Section 12340.5 of the Insurance Code), or (3) an industrial loan company (as defined in Section 18003 of the Financial Code), service shall be made at the office or branch that has actual possession of the property levied upon or at which a deposit account levied upon is carried and shall be made upon the officer, manager, or other person in charge of the office or branch at the time of service. For purposes of this section, the office or branch at which a deposit account levied upon is carried shall mean the branch, office, or other location where the financial institution maintains the account. (d) Notwithstanding subdivision (c), with respect to legal process served on a financial institution, if the financial institution has designated a central location for service of legal process pursuant to Section 684.115, unless the financial institution elects to treat legal process served at a branch or office as effective, that legal process so served on the branch or office will not reach those accounts or property and need not be reported on the financial institution’s garnishee memorandum. (e) Notwithstanding subdivision (c), a financial institution, title insurer, or industrial loan company, in its discretion and without violating any obligation to its customer, may act upon service of legal process at any of its offices or branches, whether or not the office or branch is the location wherein accounts or property that may be reached by the process is or are maintained or located. (Amended by Stats. 2012, Ch. 484, Sec. 6. (AB 2364) Effective January 1, 2013.)
684.115.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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Financial institutions with enough California branches must designate central locations for service of legal process and file that designation with the state department.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.115. (a) A financial institution may, and if it has more than nine branches or offices at which it conducts its business within this state shall, designate one or more central locations for service of legal process within this state. Each designated location shall be referred to as a “central location.” A financial institution may designate a third-party agent as a central location for service of legal process. If a financial institution designates a third-party agent as a central location, the financial institution shall designate at least one additional central location that is not located in the same county as another designated central location. The financial institution may designate the same third-party agent as multiple central locations for service of legal process if the third-party agent maintains physical locations in multiple counties. (b) If a financial institution elects or is required to designate a central location for service of legal process, pursuant to subdivision (a), the financial institution shall file a notice of its designation with the Department of Financial Protection and Innovation which filing shall be effective upon filing and shall contain all of the following: (1) The physical address of the central location. (2) The days and hours during which service will be accepted at the central location and, if the central location is a third-party agent, the name of the third party agent. (3) If the central location will not accept service of legal process directed at deposit accounts maintained or property held at all of the financial institution’s branches or offices within this state, or if the service accepted at the central location will not apply to safe-deposit boxes or other property of the judgment debtor held by or for the judgment debtor, the filing shall also contain sufficient information to permit a determination of the limitation or limitations, including, in the case of a limitation applicable to certain branches or offices, an identification of the branches or offices as to which service at the central location will not apply and the nature of the limitation applicable to those branches or offices. If the limitation will apply to all branches or offices of the financial institution within this state, the filing may indicate the nature of the limitation and that it applies to all branches or offices, in lieu of an identification of branches or offices as to which the limitation applies. To the extent that a financial institution’s designation of a central location for service of legal process covers the process directed at deposit accounts, safe-deposit boxes, or other property of the judgment debtor held by or for the judgment debtor at a particular branch or office located within this state, the branch or office shall be a branch or office covered by central process. (c) Should a financial institution required to designate a central location fail to do so, each branch of that institution located in this state shall be deemed to be a central location at which service of legal process may be made, and all of the institution’s branches or offices located within this state shall be deemed to be a branch or office covered by central process. (d) Subject to any limitation noted pursuant to paragraph (3) of subdivision (b), service of legal process at a central location of a financial institution shall be effective against all deposit accounts and all property held for safekeeping, as collateral for an obligation owed to the financial institution or in a safe-deposit box if the same is described in the legal process and held by the financial institution at any branch or office covered by central process and located within this state. However, while service of legal process at the central location will establish a lien on all property, if any property other than deposit accounts is physically held by the financial institution in a county other than that in which the designated central location is located, the financial institution shall include in its garnishee’s memorandum the location or locations of the property, and the judgment creditor shall obtain a writ of execution covering the property and directed to the levying officer in that county to accomplish the turnover of the property and shall forward the writ and related required documentation to the levying officer in the county in which the property is held. (e) A financial institution may modify or revoke any designation made pursuant to subdivision (a) by filing the modification or revocation with the Department of Financial Protection and Innovation. The modification or revocation shall be effective when the Department of Financial Protection and Innovation’s records have been updated to reflect the modification or revocation, provided that the judgment creditor may rely upon the superseded designation during the 30-day period following the effective date of the revocation or modification. (f) (1) The Department of Financial Protection and Innovation shall update its online records to reflect a filing by a financial institution pursuant to subdivisions (a) and (b) or a modification or revocation filed by a financial institution pursuant to subdivision (e) within 10 business days following the filing by the financial institution. The Department of Financial Protection and Innovation’s internet website shall reflect the date its online records for each financial institution have most recently been updated. (2) The Department of Financial Protection and Innovation shall provide any person requesting it with a copy of each current filing made by a financial institution pursuant to subdivisions (a) and (b). The Department of Financial Protection and Innovation may satisfy its obligation under this subdivision by posting all current designations of a financial institution, or the pertinent information therein, on an internet website available to the public without charge, and if that information is made available, the Department of Financial Protection and Innovation may impose a reasonable fee for furnishing that information in any other manner. (g) As to deposit accounts maintained or property held for safekeeping, as collateral for an obligation owed to the financial institution or in a safe-deposit box at a branch or office covered by central process, service of legal process at a location other than a central location designated by the financial institution shall not be effective unless the financial institution, in its absolute discretion, elects to act upon the process at that location as if it were effective. In the absence of an election, the financial institution may respond to the legal process by mailing or delivery of the garnishee’s memorandum to the levying officer within the time otherwise provided therefor, with a statement on the garnishee’s memorandum that the legal process was not properly served at the financial institution’s designated location for receiving legal process, and, therefore, was not processed, and the address at which the financial institution is to receive legal process. (h) If any legal process is served at a central location of a financial institution pursuant to this section, all related papers to be served on the financial institution shall be served at that location, unless agreed to the contrary between the serving party and the financial institution. (i) This subdivision shall apply whenever a financial institution operates within this state at least one branch or office in addition to its head office or main office, as applicable, or a financial institution headquartered in another state operates more than one branch or office within this state, and no central location has been designated or deemed to have been designated by the institution for service of legal process relating to deposit accounts maintained at the financial institution’s head office or main office, as applicable, and branches located within this state. If a judgment creditor reasonably believes that, pursuant to Section 700.140 and, if applicable, Section 700.160, any act of enforcement would be effective against a specific deposit account maintained at a financial institution described in this subdivision, the judgment creditor may file with the financial institution a written request that the financial institution identify the branch or office within this state at which a specified account might be maintained by the financial institution. The written request shall contain the following statements or information: (1) The name of the person reasonably believed by the judgment creditor to be a person in whose name the specified deposit account stands. (2) If the name of the person reasonably believed by the judgment creditor to be a person in whose name the specified deposit account stands is not a judgment debtor identified in the writ of execution, a statement that a person reasonably believed by the judgment creditor to be a person in whose name the specified deposit account stands will be appropriately identified in the legal process to be served pursuant to Section 700.160, including any supplementary papers, such as a court order or affidavit if the same will be required by Section 700.160. (3) The specific identifying number of the account reasonably believed to be maintained with the financial institution and standing in the name of the judgment debtor or other person. (4) The address of the requesting party. (5) An affidavit by the judgment creditor or the judgment creditor’s counsel stating substantially the following: “I hereby declare that this deposit account location request complies with Section 684.115 of the Code of Civil Procedure, that the account or accounts of the judgment debtor or other person or persons appropriately identified in the legal process and specified herein are subject to a valid writ of execution, or court order, that I have a reasonable belief, formed after an inquiry reasonable under the circumstances, that the financial institution receiving this deposit account location request has an account standing in the name of the judgment debtor or other person or persons appropriately identified in the legal process, and that information pertaining to the location of the account will assist the judgment creditor in enforcing the judgment.” (j) The affidavit contemplated by subdivision (i) shall be signed by the judgment creditor or the judgment creditor’s counsel and filed at the financial institution’s head office located within this state or, if the financial institution’s head office is in another state, at one of its branches or offices within this state. Failure to comply with the requirements of subdivision (i) and this subdivision shall be sufficient basis for the financial institution to refuse to produce the information that would otherwise be required by subdivision (k). (k) Within 10 banking days following receipt by a financial institution at the applicable location specified in subdivision (j) of a request contemplated by subdivision (i), as to each specific deposit account identified in the request contemplated by subdivision (i), the financial institution shall respond by mailing, by first-class mail with postage prepaid, to the requester’s address as specified in the request a response indicating the branch or office location of the financial institution at which the specified deposit account might be maintained, or, if the specified deposit account, if it exists, would not be maintained at a specific location, at least one place within this state at which legal process relating to the deposit account should or may be served. The response to be furnished pursuant to this subdivision shall not require the financial institution to determine whether an account exists or, if an account does exist, whether it would be reached by the legal process, rather, the branch or office location shall be determined and reported by the financial institution based solely upon its determination that an account with the identifying number provided by the requester would be maintained at that branch if an account did exist, and the response shall not contain any information about the name in which the account stands or any other information concerning the account, if it exists. If more than one account number is specified in the request, the financial institution’s responses as to some or all of those account numbers may be combined in a single writing. (l) A response furnished in good faith by the financial institution pursuant to subdivision (k) shall not be deemed to violate the privacy of any person in whose name the specified deposit account stands nor the privacy of any other person, and shall not require the consent of the person in whose name the account stands nor that of any other person. (m) A financial institution shall not notify the person in whose name the specified deposit account stands or any other person related to the specified account of the receipt of any request made pursuant to subdivision (i) and affecting that person’s or persons’ accounts at the financial institution, provided that the financial institution shall have no liability for its failure to comply with the provisions of this subdivision. (n) For purposes of this section, “third-party agent” means a non-financial institution entity, such as a corporation, that is in the business of accepting service of legal process on behalf of financial institutions and other businesses. Third-party agent does not include a licensed attorney or law firm acting on behalf of a financial institution. (Amended by Stats. 2024, Ch. 222, Sec. 2. (AB 2067) Effective January 1, 2025.)
684.120.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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If service by mail is used under this title, the paper must be sent by first-class mail and deposited in a USPS facility in a sealed, postage-paid envelope, with the mailing addressed according to the recipient type. Service is complete when deposited, and the response/notice period is extended by 5, 10, or 20 days depending on where the address is located, unless the court sets a shorter period.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.120. (a) Except as otherwise provided in this title, if a writ, notice, order, or other paper is to be served by mail under this title, it shall be sent by first-class mail (unless some other type of mail is specifically required) and shall be deposited in a post office, mailbox, sub-post office, substation, mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed as follows: (1) If an attorney is being served in place of the judgment creditor or judgment debtor as provided in Section 684.010 or 684.020, to the attorney at the last address given by the attorney on any paper filed in the proceeding and served on the party making the service. (2) If any other person is being served, to such person at the person’s current mailing address if known or, if unknown, at the address last given by the person on any paper filed in the proceeding and served on the party making the service. (3) If the mailing cannot be made as provided in paragraph (1) or (2), to the person at the person’s last known address. (b) Service by mail is complete at the time of deposit; but, unless the court prescribes a shorter period of time, any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after a paper is served by mail is extended: (1) Five days if the place of address is within the State of California. (2) Ten days if the place of address is outside the State of California but within the United States. (3) Twenty days if the place of address is outside the United States. (c) The writ, notice, order, or other paper served by mail under this section 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. This subdivision is directory only. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.130.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

The judgment creditor must give the levying officer the correct name and address, use reasonable diligence to verify it, and provide a declaration in personal-debt cases; the levying officer may not act without the declaration, and the court must stay levy-related orders if the debtor says the requirements were not met.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.130. (a) If the levying officer is required by any provision of this title to serve any writ, order, notice, or other paper on any person, the judgment creditor shall include in the instructions to the levying officer the correct name and address of the person. The judgment creditor shall use reasonable diligence to ascertain the correct name and address of the person. (b) (1) Where the judgment upon which the writ is issued is for personal debt, as defined in subdivision (d) of Section 683.110, this subdivision shall apply. (2) The judgment creditor shall also provide the levying officer with a declaration stating that the judgment creditor has verified using reasonable diligence within the past 12 months that the judgment debtor’s address is correct to the best of the declarant’s knowledge, and describing the verification dates and the methods used, which may include, but are not limited to, the following methods: (A) Receipt of correspondence from the judgment debtor, dated no more than 12 months before the execution of the declaration, that includes a return address or other comparable verification of the judgment debtor’s address. (B) Transmittal of a letter or legal pleading by certified mail, or other method of transmission through the United States Postal Service providing a return receipt, to the judgment debtor’s address, with a return receipt dated no more than 12 months before the execution of the declaration that is signed by the judgment debtor. (C) Verification of the judgment debtor’s current address by a commercial address verification service, including skip-tracing, or, if reasonably available, a public record database, followed by dispatch of a letter or legal pleading, by first-class mail to the verified address, that was not returned to sender. (3) The levying officer shall not accept or serve any writ, order, notice, or other paper on any person if the judgment creditor fails to provide a declaration as described in paragraph (2). (4) Upon notice by the judgment debtor that the requirements of this section have not been met, the court shall stay the notice of levy or earnings withholding order until the requirements of this section have been satisfied. (5) The judgment creditor’s cost of verification of the judgment debtor’s address is not recoverable. (6) The judgment creditor shall file with the court the signed declaration within 10 business days after delivering the declaration to the levying officer. (7) The declaration required by this section may be signed by any individual with adequate knowledge of the verification, including, but not limited to, a custodian of records. If the judgment creditor is represented by an attorney, the declaration may be signed by any employee of the attorney or the attorney’s law firm with adequate knowledge of the verification, including, but not limited to, a custodian of records. (c) Unless the levying officer has actual knowledge that the name or address included in the instructions is incorrect, the levying officer shall rely on the instructions in serving the writ, order, notice, or other paper on the person. (Amended by Stats. 2025, Ch. 708, Sec. 1. (AB 774) Effective January 1, 2026.)
684.140.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. )
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A levying officer may allow the person who benefits from certain service papers, or that person’s agent, to make personal service, but not for a writ or notice of levy.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 2. Manner of Service Generally [684.110 - 684.140] ( Article 2 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.140. If a provision of this title provides for service by the levying officer of an order, notice, or other paper that runs in favor of a particular person, personal service of the paper may be made by the person or the person’s agent if the levying officer gives permission. The levying officer’s permission may be evidenced by a certificate signed by the levying officer. This section does not authorize the levying officer to give permission to serve a writ or notice of levy. If service is made by a person or the person’s agent pursuant to this section, the cost of the service is not a recoverable cost. Nothing in this section limits the authority of a registered process server provided in this title. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.210.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Proof of Service [684.210 - 684.220] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )
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If notice of a court hearing must be served under this title, proof of service must be made at or before the hearing, to the court’s satisfaction.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Proof of Service [684.210 - 684.220] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.210. If service of notice of a court hearing is required under this title, proof of service of the notice shall be made at or before the hearing to the satisfaction of the court. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.220.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Proof of Service [684.210 - 684.220] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

This section says proof of service, posting, or publication under this title may be shown in several specified ways.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 3. Proof of Service [684.210 - 684.220] ( Article 3 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.220. Proof of service or of posting or publication under this title may be made by, but is not limited to, the following means: (a) If service is made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5, proof of service may be made in the manner provided in Article 5 (commencing with Section 417.10) of that chapter. (b) If service is made in the same manner as a summons is served under Section 415.10 or 415.20, proof of service may be made by affidavit of the person making the service showing the time, place, and manner of service and the facts showing that the service was made in accordance with the applicable statutory provisions. The affidavit shall recite or in other manner show the name of the person to whom the papers served were delivered and, if appropriate, the title of the person or the capacity in which the person was served. (c) Proof of service by mail as provided in Section 684.120 may be made in the manner prescribed in Section 1013a. (d) Proof of posting may be made by the affidavit of the person who posted the notice, showing the time and place of posting. (e) Proof of publication may be made by the affidavit of the publisher or printer, or the foreman or principal clerk of the publisher or printer, showing the time and place of publication. (f) Proof of service may be made by the written admission of the person served. (g) Proof of service however made, or of posting or publication, may be made by testimonial evidence. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
684.310.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Application of Chapter [684.310- 684.310.] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

For wage garnishment service, most of Article 1 and Article 2 do not apply, except Sections 684.130 and 684.140.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 4. Manner of Service of Writs, Notices, and Other Papers [684.010 - 684.310] ( Chapter 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## ARTICLE 4. Application of Chapter [684.310- 684.310.] ( Article 4 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 684.310. Except for Sections 684.130 and 684.140, the provisions of Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) do not apply to service under Chapter 5 (commencing with Section 706.010) of Division 2 (wage garnishment). (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
685.010.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

Interest on an unsatisfied money judgment is generally 10% per year, but certain smaller medical-expense and personal-debt judgments entered or renewed on or after January 1, 2023 are charged 5% per year.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 685.010. (a) (1) Except as provided in paragraph (2), interest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. (2) (A) For judgments entered on or after January 1, 2023, or where an application for renewal of judgment is filed on or after January 1, 2023, interest accrues at the rate of 5 percent per annum on the principal amount of a money judgment remaining unsatisfied in the following cases: (i) The principal amount of a money judgment of under two hundred thousand dollars ($200,000) remaining unsatisfied against a debtor for a claim related to medical expenses. (ii) The principal amount of a money judgment of under fifty thousand dollars ($50,000) remaining unsatisfied against a debtor for a claim related to personal debt. (B) The claims specified in subparagraph (A) include, but are not limited to, a claim based on any of the following transactions: (i) An agreement governing the use of a credit card as defined in subdivision (a) of Section 1747.02 of the Civil Code. (ii) A conditional sale contract as defined in subdivision (a) of Section 2981 of the Civil Code. (iii) A deferred deposit transaction as defined in subdivision (a) of Section 23001 of the Financial Code. (C) For purposes of this paragraph, the following definitions apply: (i) “Debtor” means a natural person from whom money is due or owing or alleged to be due or owing. (ii) “Due or owing” does not include debts incurred due to or obtained by tortious or fraudulent conduct or judgments for unpaid wages, damages, or penalties owed to an employee. (iii) “Personal debt” means money due or owing or alleged to be due or owing from a natural person arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for the debtor’s personal, family, or household purposes. (b) The Legislature reserves the right to change the rate of interest provided in subdivision (a) at any time, regardless of the date of entry of the judgment or the date any obligation upon which the judgment is based was incurred. A change in the rate of interest may be made applicable only to the interest that accrues after the operative date of the statute that changes the rate. (Amended by Stats. 2023, Ch. 131, Sec. 21. (AB 1754) Effective January 1, 2024.)
685.020.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

Interest on a money judgment starts when the judgment is entered, unless subdivision (b) applies.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 685.020. (a) Except as provided in subdivision (b), interest commences to accrue on a money judgment on the date of entry of the judgment. (b) Unless the judgment otherwise provides, if a money judgment is payable in installments, interest commences to accrue as to each installment on the date the installment becomes due. (Amended by Stats. 1983, Ch. 155, Sec. 10. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.)
685.030.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

Interest on a money judgment stops accruing when the judgment is satisfied, and the timing depends on how satisfaction happens.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 685.030. (a) If a money judgment is satisfied in full pursuant to a writ under this title, interest ceases to accrue on the judgment: (1) If the proceeds of collection are paid in a lump sum, on the date of levy. (2) If the money judgment is satisfied pursuant to an earnings withholding order, on the date and in the manner provided in Section 706.024 or Section 706.028. (3) In any other case, on the date the proceeds of sale or collection are actually received by the levying officer. (b) If a money judgment is satisfied in full other than pursuant to a writ under this title, interest ceases to accrue on the date the judgment is satisfied in full. (c) If a money judgment is partially satisfied pursuant to a writ under this title or is otherwise partially satisfied, interest ceases to accrue as to the part satisfied on the date the part is satisfied. (d) For the purposes of subdivisions (b) and (c), the date a money judgment is satisfied in full or in part is the earliest of the following times: (1) The date satisfaction is actually received by the judgment creditor. (2) The date satisfaction is tendered to the judgment creditor or deposited in court for the judgment creditor. (3) The date of any other performance that has the effect of satisfaction. (e) The clerk of a court may enter in the Register of Actions a writ of execution on a money judgment as returned wholly satisfied when the judgment amount, as specified on the writ, is fully collected and only an interest deficit of no more than ten dollars ($10) exists, due to automation of the continual daily interest accrual calculation. (Amended by Stats. 2001, Ch. 812, Sec. 4. Effective January 1, 2002.)
685.040.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

A judgment creditor is entitled to recover reasonable and necessary costs of enforcing a judgment.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 685.040. The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5. (Amended by Stats. 1992, Ch. 1348, Sec. 3. Effective January 1, 1993.)
685.050.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )
Verify source ↗

When a writ is used to enforce a judgment, the levying officer must collect the listed costs and interest, and must adjust daily interest if partial payments do not fully satisfy the judgment.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 685.050. (a) If a writ is issued pursuant to this title to enforce a judgment, the costs and interest to be satisfied in a levy under the writ are the following: (1) The statutory fee for issuance of the writ. (2) The amount of interest that has accrued from the date of entry or renewal of the judgment to the date of issuance of the writ, as adjusted for partial satisfactions, if the judgment creditor has filed an affidavit with the court clerk stating such amount. (3) The amount of interest that accrues on the principal amount of the judgment remaining unsatisfied from the date of issuance of the writ until the date interest ceases to accrue. (4) The levying officer’s statutory costs for performing the duties under the writ. (b) In a levy under the writ, the levying officer shall do all of the following: (1) Collect the amount of costs and interest entered on the writ pursuant to paragraphs (1) and (2) of subdivision (a). (2) Compute and collect the amount of additional interest required to be collected by paragraph (3) of subdivision (a) by reference to the daily interest entered on the writ. If amounts collected periodically do not fully satisfy the money judgment, the levying officer shall adjust the amount of daily interest to reflect the partial satisfactions, and make later collections by reference to the adjusted amount of daily interest. (3) Determine and collect the amount of additional costs pursuant to paragraph (4) of subdivision (a). (Amended by Stats. 2010, Ch. 4, Sec. 1. (AB 680) Effective January 1, 2011.)
685.070.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )
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A judgment creditor may claim certain judgment-enforcement costs, but must file and serve a memorandum of costs within the stated time limits.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 685.070. (a) The judgment creditor may claim under this section the following costs of enforcing a judgment, which shall not include costs exempted under this title: (1) Statutory fees for preparing and issuing, and recording and indexing, an abstract of judgment or a certified copy of a judgment. (2) Statutory fees for filing a notice of judgment lien on personal property. (3) Statutory fees for issuing a writ for the enforcement of the judgment to the extent that the fees are not satisfied pursuant to Section 685.050. (4) Statutory costs of the levying officer for performing the duties under a writ to the extent that the costs are not satisfied pursuant to Section 685.050 and the statutory fee of the levying officer for performing the duties under the Wage Garnishment Law to the extent that the fee has not been satisfied pursuant to the wage garnishment. (5) Costs incurred in connection with any proceeding under Chapter 6 (commencing with Section 708.010) of Division 2 that have been approved as to amount, reasonableness, and necessity by the judge or referee conducting the proceeding. (6) Attorney’s fees, if allowed by Section 685.040. (b) Before the judgment is fully satisfied but not later than two years after the costs have been incurred, the judgment creditor claiming costs under this section shall file a memorandum of costs with the court clerk and serve a copy on the judgment debtor. Service shall be made personally or by mail. The memorandum of costs shall be executed under oath by a person who has knowledge of the facts and shall state that to the person’s best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied. (c) Within 10 days after the memorandum of costs is served on the judgment debtor, the judgment debtor may apply to the court on noticed motion to have the costs taxed by the court. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. The court shall make an order allowing or disallowing the costs to the extent justified under the circumstances of the case. (d) If no motion to tax costs is made within the time provided in subdivision (c), the costs claimed in the memorandum are allowed. (e) If a memorandum of costs for the costs specified in subdivision (a) is filed at the same time as an application for a writ of execution, these statutory costs not already allowed by the court in an amount not to exceed one hundred dollars ($100) in the aggregate may be included in the amount specified in the writ of execution, subject to subsequent disallowance as ordered by the court pursuant to a motion to tax if filed by the debtor. The memorandum of costs shall contain the following statement: “The fees sought under this memorandum may be disallowed by a court upon a motion to tax filed by the debtor notwithstanding the fees having been included in the writ of execution.” The inclusion of the above costs in the writ of execution or the pendency of the motion to tax on these costs shall not be cause for the clerk of the court to delay issuing the writ of execution or for the levying officer to delay enforcing the writ of execution. (f) Section 1013, extending the time within which a right may be exercised or an act may be done, applies to this section. (Amended by Stats. 2024, Ch. 514, Sec. 2. (AB 2837) Effective January 1, 2025.)
685.080.
## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. )
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A judgment creditor may seek authorized costs by noticed motion, but the motion must be filed before the judgment is fully satisfied and within two years after the costs were incurred.

## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 9. ENFORCEMENT OF JUDGMENTS [680.010 - 724.260] ( Title 9 repealed and added by Stats. 1982, Ch. 1364, Sec. 2. ) ## DIVISION 1. DEFINITIONS AND GENERAL PROVISIONS [680.010 - 694.090] ( Division 1 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## CHAPTER 5. Interest and Costs [685.010 - 685.110] ( Chapter 5 added by Stats. 1982, Ch. 1364, Sec. 2. ) ## 685.080. (a) The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred. The costs claimed under this section may include, but are not limited to, costs that may be claimed under Section 685.070 and costs incurred but not approved by the court or referee in a proceeding under Chapter 6 (commencing with Section 708.010) of Division 2. (b) The notice of motion shall describe the costs claimed, shall state their amount, and shall be supported by an affidavit of a person who has knowledge of the facts stating that to the person’s best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied. The notice of motion shall be served on the judgment debtor. Service shall be made personally or by mail. (c) The court shall make an order allowing or disallowing the costs to the extent justified under the circumstances of the case. (Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)

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