Code of Civil Procedure — Part 2 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 2 of 17 · provisions 201–400

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

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Provisions of Code of Civil Procedure

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  1. 116.820.

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 OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35.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 ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35.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 Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3.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

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    This section lets small claims courts enforce certain judgments and requires the clerk to collect and handle enforcement fees.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.820. (a) The judgment of a small claims court, or the judgment of the superior court after a hearing on appeal, may be enforced by the small claims court as provided in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of judgments of other courts. (b) The clerk of the court shall charge and collect all fees associated with the enforcement of judgments under Title 9 (commencing with Section 680.010) of Part 2. The clerk shall immediately deposit all the fees collected under this section into a bank account established for this purpose by the Administrative Office of the Courts. The money shall be remitted to the State Treasury under rules adopted by, or trial court financial policies and procedures authorized by, the Judicial Council under subdivision (a) of Section 77206 of the Government Code. The Controller shall distribute the fees to the Trial Court Trust Fund as provided in Section 68085.1 of the Government Code. (c) The prevailing party in any action subject to this chapter is entitled to the costs of enforcing the judgment and accrued interest. (Amended by Stats. 2011, Ch. 308, Sec. 2. (SB 647) Effective January 1, 2012.)
  2. 116.830.

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

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    The clerk must send the judgment debtor a form, and the debtor must complete and return it on time. The Judicial Council must approve or adopt the form.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.830. (a) At the time judgment is rendered, or notice of entry of the judgment is mailed to the parties, the clerk shall deliver or mail to the judgment debtor a form containing questions regarding the nature and location of any assets of the judgment debtor. (b) Within 30 days after the clerk has mailed notice of entry of the judgment, unless the judgment has been satisfied, the judgment debtor shall complete the form and cause it to be delivered to the judgment creditor. (c) In the event a motion is made to vacate the judgment or a notice of appeal is filed, a judgment debtor shall complete and deliver the form within 30 days after the clerk has delivered or mailed notice of denial of the motion to vacate, or notice of dismissal of or entry of judgment on the appeal, whichever is applicable. (d) In case of the judgment debtor’s willful failure to comply with subdivision (b) or (c), the judgment creditor may request the court to apply the sanctions, including arrest and attorney’s fees, as provided in Section 708.170, on contempt of court. (e) The Judicial Council shall approve or adopt the form to be used for the purpose of this section. (Amended by Stats. 1991, Ch. 915, Sec. 30.)
  3. 116.840.

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

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    The judgment debtor may pay the judgment either to the judgment creditor or to the court where the judgment was entered, and the small claims court may order a satisfaction of judgment.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.840. (a) At the option of the judgment debtor, payment of the judgment may be made either (1) to the judgment creditor in accordance with Section 116.850, or (2) to the court in which the judgment was entered in accordance with Section 116.860. (b) The small claims court may order entry of satisfaction of judgment in accordance with subdivisions (c) and (d) of Section 116.850, or subdivision (b) of Section 116.860. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
  4. 116.850.

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

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    After a judgment is paid in full, the judgment creditor or assignee must file an acknowledgment of satisfaction; if they do not do so after written demand, they can owe damages and $50.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.850. (a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor’s assignee of record, then immediately upon receipt of payment, the judgment creditor or assignee shall file with the clerk of the court an acknowledgment of satisfaction of the judgment. (b) Any judgment creditor or assignee of record who, after receiving full payment of the judgment and written demand by the judgment debtor, fails without good cause to execute and file an acknowledgment of satisfaction of the judgment with the clerk of the court in which the judgment is entered within 14 days after receiving the request, is liable to the judgment debtor or the judgment debtor’s grantees or heirs for all damages sustained by reason of the failure and, in addition, the sum of fifty dollars ($50). (c) The clerk of the court shall enter a satisfaction of judgment at the request of the judgment debtor if the judgment debtor either (1) establishes a rebuttable presumption of full payment under subdivision (d), or (2) establishes a rebuttable presumption of partial payment under subdivision (d) and complies with subdivision (c) of Section 116.860. (d) A rebuttable presumption of full or partial payment of the judgment, whichever is applicable, is created if the judgment debtor files both of the following with the clerk of the court in which the judgment was entered: (1) Either a canceled check or money order for the full or partial amount of the judgment written by the judgment debtor after judgment and made payable to and endorsed by the judgment creditor, or a cash receipt for the full or partial amount of the judgment written by the judgment debtor after judgment and signed by the judgment creditor. (2) A declaration stating that (A) the judgment debtor has made full or partial payment of the judgment including accrued interest and costs; (B) the judgment creditor has been requested to file an acknowledgment of satisfaction of the judgment and refuses to do so, or refuses to accept subsequent payments, or the present address of the judgment creditor is unknown; and (C) the documents identified in and accompanying the declaration constitute evidence of the judgment creditor’s receipt of full or partial payment. (Amended by Stats. 1991, Ch. 915, Sec. 31.)
  5. 116.860.

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

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    A judgment debtor may ask the court to accept payment, and the clerk must enter satisfaction of the judgment and notify the creditor once the required amounts and fee are paid.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.860. (a) A judgment debtor who desires to make payment to the court in which the judgment was entered may file a request to make payment, which shall be made on a form approved or adopted by the Judicial Council. (b) Upon the filing of the request to make payment and the payment to the clerk of the amount of the judgment and any accrued interest and costs after judgment, plus any required fee authorized by this section, the clerk shall enter satisfaction of the judgment and shall remit payment to the judgment creditor as provided in this section. (c) If partial payment of the judgment has been made to the judgment creditor, and the judgment debtor files the declaration and evidence of partial payment described in subdivision (d) of Section 116.850, the clerk shall enter satisfaction of the judgment upon receipt by the clerk of the balance owing on the judgment, including any accrued interest and costs after judgment, and the fee required by this section. (d) If payment is made by means other than money order, certified or cashier’s check, or cash, entry of satisfaction of the judgment shall be delayed for 30 days. (e) The clerk shall notify the judgment creditor, at his or her last known address, that the judgment debtor has satisfied the judgment by making payment to the court. The notification shall explain the procedures which the judgment creditor has to follow to receive payment. (f) For purposes of this section, “costs after judgment” consist of only those costs itemized in a memorandum of costs filed by the judgment creditor or otherwise authorized by the court. (g) Payments that remain unclaimed for three years shall go to the superior court pursuant to Section 68084.1 of the Government Code. (h) A fee of twenty dollars ($20) shall be paid by the judgment debtor for the costs of administering this section. (Amended by Stats. 2005, Ch. 75, Sec. 25. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  6. 116.870.

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

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    This section says certain Vehicle Code suspension provisions apply to judgments meeting specified damage and motor-vehicle conditions, with one stated exception.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.870. (a) Sections 16250 to 16381, inclusive, of the Vehicle Code, regarding the suspension of the judgment debtor’s privilege to operate a motor vehicle for failing to satisfy a judgment, apply if the judgment (1) was for damage to property in excess of one thousand dollars ($1,000) or for bodily injury to, or death of, a person in any amount, and (2) resulted from the operation of a motor vehicle upon a California highway by the defendant, or by any other person for whose conduct the defendant was liable, unless the liability resulted from the defendant’s signing the application of a minor for a driver’s license. (b) This section shall become operative on January 1, 2017. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 451, Sec. 2. (SB 491) Effective January 1, 2016. Section operative January 1, 2017, by its own provisions.)
  7. 116.880.

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

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    A judgment creditor may ask the DMV to suspend a debtor’s driving privilege if the judgment is $1,000 or less, arose from a California highway motor vehicle accident caused by the debtor, and has been unpaid for more than 90 days.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 8. Satisfaction and Enforcement of Judgment [116.810 - 116.880] ( Article 8 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.880. (a) If the judgment (1) was for one thousand dollars ($1,000) or less, (2) resulted from a motor vehicle accident occurring on a California highway caused by the defendant’s operation of a motor vehicle, and (3) has remained unsatisfied for more than 90 days after the judgment became final, the judgment creditor may file with the Department of Motor Vehicles a notice requesting a suspension of the judgment debtor’s privilege to operate a motor vehicle. (b) The notice shall state that the judgment has not been satisfied, and shall be accompanied by (1) a fee set by the department, (2) the judgment of the court determining that the judgment resulted from a motor vehicle accident occurring on a California highway caused by the judgment debtor’s operation of a motor vehicle, and (3) a declaration that the judgment has not been satisfied. The fee shall be used by the department to finance the costs of administering this section and shall not exceed the department’s actual costs. (c) Upon receipt of a notice, the department shall attempt to notify the judgment debtor by telephone, if possible, otherwise by certified mail, that the judgment debtor’s privilege to operate a motor vehicle will be suspended for a period of 90 days, beginning 20 days after receipt of notice by the department from the judgment creditor, unless satisfactory proof, as provided in subdivision (e), is provided to the department before that date. (d) At the time the notice is filed, the department shall give the judgment creditor a copy of the notice that indicates the filing fee paid by the judgment creditor, and includes a space to be signed by the judgment creditor acknowledging payment of the judgment by the judgment debtor. The judgment creditor shall mail or deliver a signed copy of the acknowledgment to the judgment debtor once the judgment is satisfied. (e) The department shall terminate the suspension, or the suspension proceedings, upon the occurrence of one or more of the following: (1) Receipt of proof that the judgment has been satisfied, either (A) by a copy of the notice required by this section signed by the judgment creditor acknowledging satisfaction of the judgment, or (B) by a declaration of the judgment debtor stating that the judgment has been satisfied. (2) Receipt of proof that the judgment debtor is complying with a court-ordered payment schedule. (3) Proof that the judgment debtor had insurance covering the accident sufficient to satisfy the judgment. (4) A deposit with the department of the amount of the unsatisfied judgment, if the judgment debtor presents proof, satisfactory to the department, of inability to locate the judgment creditor. (5) At the end of 90 days. (f) If the suspension has been terminated under subdivision (e), the action is final and shall not be reinstituted. If the suspension is terminated, Section 14904 of the Vehicle Code shall apply. Money deposited with the department under this section shall be handled in the same manner as money deposited under paragraph (4) of subdivision (a) of Section 16377 of the Vehicle Code. (g) A public agency is not liable for an injury caused by the suspension, termination of suspension, or the failure to suspend a person’s privilege to operate a motor vehicle as authorized by this section. (h) This section shall become operative on January 1, 2017. (Repealed (in Sec. 3) and added by Stats. 2015, Ch. 451, Sec. 4. (SB 491) Effective January 1, 2016. Section operative January 1, 2017, by its own provisions.)
  8. 116.920.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 9. Administration [116.920 - 116.950] ( Article 9 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    The Judicial Council must make rules for small claims practice, procedure, and forms, and must adopt additional rules on notices, advisor qualifications, training, and related small claims procedures.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 9. Administration [116.920 - 116.950] ( Article 9 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.920. (a) The Judicial Council shall provide by rule for the practice and procedure and for the forms and their use in small claims actions. The rules and forms so adopted shall be consistent with this chapter. (b) The Judicial Council, in consultation with the Department of Consumer Affairs, shall adopt rules to ensure that litigants receive adequate notice of the availability of assistance from small claims advisors, to prescribe other qualifications and the conduct of advisors, to prescribe training standards for advisors and for temporary judges hearing small claims matters, to prescribe, where appropriate, uniform rules and procedures regarding small claims actions and judgments, and to address other matters that are deemed necessary and appropriate. (Amended by Stats. 1991, Ch. 915, Sec. 35.)
  9. 116.930.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 9. Administration [116.920 - 116.950] ( Article 9 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    Small claims divisions must keep a current small-claims-law publication in each courtroom, may give out a rules manual, and—when funding conditions are met—the Department of Consumer Affairs and the Judicial Council must prepare and distribute guidance materials.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 9. Administration [116.920 - 116.950] ( Article 9 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.930. (a) Each small claims division shall provide in each courtroom in which small claims actions are heard a current copy of a publication describing small claims court law and the procedures that are applicable in the small claims courts, including the law and procedures that apply to the enforcement of judgments. The Small Claims Court and Consumer Law California Judge’s Bench Book developed by the California Center for Judicial Education and Research is illustrative of a publication that satisfies the requirement of this subdivision. (b) Each small claims division may formulate and distribute to litigants and the public a manual on small claims court rules and procedures. The manual shall explain how to complete the necessary forms, how to determine the proper court in which small claims actions may be filed, how to present and defend against claims, how to appeal, how to enforce a judgment, how to protect property that is exempt from execution, and such other matters that the court deems necessary or desirable. (c) If the Department of Consumer Affairs determines there are sufficient private or public funds available in addition to the funds available within the department’s current budget, the department, in cooperation with the Judicial Council, shall prepare a manual or information booklet on small claims court rules and procedures. The department shall distribute copies to the general public and to each small claims division. (d) If funding is available, the Judicial Council, in cooperation with the Department of Consumer Affairs, shall prepare and distribute to each judge who sits in a small claims court a bench book describing all state and federal consumer protection laws reasonably likely to apply in small claims actions. (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
  10. 116.940.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 9. Administration [116.920 - 116.950] ( Article 9 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    This section sets rules for small claims advisory services: counties or the supervising superior court must determine how the service operates, services must be provided, advisers cannot act as courtroom advocates, and limited counties may exempt themselves from some service requirements.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 9. Administration [116.920 - 116.950] ( Article 9 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.940. (a) Except as otherwise provided in this section or in rules adopted by the Judicial Council, which are consistent with the requirements of this section, the characteristics of the small claims advisory service required by Section 116.260 shall be determined by each county, or by the superior court in a county where the small claims advisory service is administered by the court, in accordance with local needs and conditions. (b) Each advisory service shall provide the following services: (1) Individual personal advisory services, in person or by telephone, and by any other means reasonably calculated to provide timely and appropriate assistance. The topics covered by individual personal advisory services shall include, but not be limited to, preparation of small claims court filings, procedures, including procedures related to the conduct of the hearing, and information on the collection of small claims court judgments. (2) Recorded telephone messages may be used to supplement the individual personal advisory services, but shall not be the sole means of providing advice available in the county. (3) Adjacent counties, superior courts in adjacent counties, or any combination thereof, may provide advisory services jointly. (c) In a county in which the number of small claims actions filed annually is 1,000 or less as averaged over the immediately preceding two fiscal years, the county or the superior court may elect to exempt itself from the requirements set forth in subdivision (b). If the small claims advisory service is administered by the county, this exemption shall be formally noticed through the adoption of a resolution by the board of supervisors. If the small claims advisory service is administered by the superior court, this exemption shall be formally noticed through adoption of a local rule. If a county or court so exempts itself, the county or court shall nevertheless provide the following minimum advisory services in accordance with rules adopted by the Judicial Council: (1) Recorded telephone messages providing general information relating to small claims actions filed in the county shall be provided during regular business hours. (2) Small claims information booklets shall be provided in the court clerk’s office of each superior court, appropriate county offices, and in any other location that is convenient to prospective small claims litigants in the county. (d) The advisory service shall operate in conjunction and cooperation with the small claims division, and shall be administered so as to avoid the existence or appearance of a conflict of interest between the individuals providing the advisory services and any party to a particular small claims action or any judicial officer deciding small claims actions. (e) Advisers may be volunteers, and shall be members of the State Bar, law students, paralegals, or persons experienced in resolving minor disputes, and shall be familiar with small claims court rules and procedures. Advisers may not appear in court as an advocate for any party. (f) Advisers, including independent contractors, other employees, and volunteers, have the immunity conferred by Section 818.9 of the Government Code with respect to advice provided as a public service on behalf of a court or county to small claims litigants and potential litigants under this chapter. (g) This section does not preclude a court or county from contracting with a third party to provide small claims advisory services as described in this section. (Amended by Stats. 2013, Ch. 76, Sec. 21. (AB 383) Effective January 1, 2014.)
  11. 116.950.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 9. Administration [116.920 - 116.950] ( Article 9 added by Stats. 1990, Ch. 1305, Sec. 3. )

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    The section creates an advisory committee for small claims practice and procedure if the Department of Consumer Affairs finds enough funding is available.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.5. Small Claims Court [116.110 - 116.950] ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. ) ## ARTICLE 9. Administration [116.920 - 116.950] ( Article 9 added by Stats. 1990, Ch. 1305, Sec. 3. ) ## 116.950. (a) This section shall become operative only if the Department of Consumer Affairs determines that sufficient private or public funds are available in addition to the funds available in the department’s current budget to cover the costs of implementing this section. (b) There shall be established an advisory committee, constituted as set forth in this section, to study small claims practice and procedure, with particular attention given to the improvement of procedures for the enforcement of judgments. (c) The members of the advisory committee shall serve without compensation, but shall be reimbursed for expenses actually and necessarily incurred by them in the performance of their duties. (d) The advisory committee shall be composed as follows: (1) The Attorney General or a representative. (2) Two consumer representatives from consumer groups or agencies, appointed by the Secretary of the State and Consumer Services Agency. (3) One representative appointed by the Speaker of the Assembly and one representative appointed by the President pro Tempore of the Senate. (4) Two representatives appointed by the Board of Governors of the State Bar. (5) Two representatives of the business community, appointed by the Secretary of Technology, Trade, and Commerce. (6) Six judicial officers who have extensive experience presiding in small claims court, appointed by the Judicial Council. Judicial officers appointed under this subdivision may include judicial officers of the superior court, judges of the appellate courts, retired judicial officers, and temporary judges. (7) One representative appointed by the Governor. (8) Two clerks of the court appointed by the Judicial Council. (e) Staff assistance to the advisory committee shall be provided by the Department of Consumer Affairs, with the assistance of the Judicial Council, as needed. (Amended by Stats. 2002, Ch. 784, Sec. 32. Effective January 1, 2003. Implementation is subject to condition in subd. (a).)
  12. 1160.

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

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    Section 1160 says a person is guilty of forcible detainer if they unlawfully keep or take possession of real property by force or threats, or if they unlawfully enter in the night or during the occupant’s absence and refuse to surrender it after demand.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1160. (a) Every person is guilty of a forcible detainer who either: (1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise. (2) Who, in the night-time, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant. (b) The occupant of real property, within the meaning of this section is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands. (Amended by Stats. 2018, Ch. 92, Sec. 43. (SB 1289) Effective January 1, 2019.)
  13. 1161.

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

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    Section 1161 lists when a tenant’s holdover or lease breach becomes unlawful detainer and limits what landlords may charge for serving notice.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer: 1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code. 2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant. The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year. 3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease. A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that person’s unlawful detention of the premises underlet to or held by that person. 4. Any tenant, subtenant, or executor or administrator of that person’s estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlord’s successor in estate, shall upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises. 5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable. 6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section. 7. As used in this section, “tenant” includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code. 8. This section shall become operative on February 1, 2025. (Amended (as added by Stats. 2020, Ch. 37, Sec. 16) by Stats. 2024, Ch. 287, Sec. 6. (SB 611) Effective January 1, 2025. Operative February 1, 2025, by its own provisions.)
  14. 1161.1.

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

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    This section lets a landlord proceed when a tenant in commercial real property disputes an estimated rent notice, and it gives the tenant a way to keep possession by paying the required amounts on time.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161.1. With respect to application of Section 1161 in cases of possession of commercial real property after default in the payment of rent: (a) If the amount stated in the notice provided to the tenant pursuant to subdivision (2) of Section 1161 is clearly identified by the notice as an estimate and the amount claimed is not in fact correct, but it is determined upon the trial or other judicial determination that rent was owing, and the amount claimed in the notice was reasonably estimated, the tenant shall be subject to judgment for possession and the actual amount of rent and other sums found to be due. However, if (1) upon receipt of such a notice claiming an amount identified by the notice as an estimate, the tenant tenders to the landlord within the time for payment required by the notice, the amount which the tenant has reasonably estimated to be due and (2) if at trial it is determined that the amount of rent then due was the amount tendered by the tenant or a lesser amount, the tenant shall be deemed the prevailing party for all purposes. If the court determines that the amount so tendered by the tenant was less than the amount due, but was reasonably estimated, the tenant shall retain the right to possession if the tenant pays to the landlord within five days of the effective date of the judgment (1) the amount previously tendered if it had not been previously accepted, (2) the difference between the amount tendered and the amount determined by the court to be due, and (3) any other sums as ordered by the court. (b) If the landlord accepts a partial payment of rent, including any payment pursuant to subdivision (a), after serving notice pursuant to Section 1161, the landlord, without any further notice to the tenant, may commence and pursue an action under this chapter to recover the difference between the amount demanded in that notice and the payment actually received, and this shall be specified in the complaint. (c) If the landlord accepts a partial payment of rent after filing the complaint pursuant to Section 1166, the landlord’s acceptance of the partial payment is evidence only of that payment, without waiver of any rights or defenses of any of the parties. The landlord shall be entitled to amend the complaint to reflect the partial payment without creating a necessity for the filing of an additional answer or other responsive pleading by the tenant, and without prior leave of court, and such an amendment shall not delay the matter from proceeding. However, this subdivision shall apply only if the landlord provides actual notice to the tenant that acceptance of the partial rent payment does not constitute a waiver of any rights, including any right the landlord may have to recover possession of the property. (d) “Commercial real property” as used in this section, means all real property in this state except dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, mobilehomes as defined in Section 798.3 of the Civil Code, or recreational vehicles as defined in Section 799.24 of the Civil Code. (e) For the purposes of this section, there is a presumption affecting the burden of proof that the amount of rent claimed or tendered is reasonably estimated if, in relation to the amount determined to be due upon the trial or other judicial determination of that issue, the amount claimed or tendered was no more than 20 percent more or less than the amount determined to be due. However, if the rent due is contingent upon information primarily within the knowledge of the one party to the lease and that information has not been furnished to, or has not accurately been furnished to, the other party, the court shall consider that fact in determining the reasonableness of the amount of rent claimed or tendered pursuant to subdivision (a). (Added by Stats. 1990, Ch. 890, Sec. 1.)
  15. 1161.2.

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

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    The clerk must limit access to certain limited civil case records in these proceedings, send notice to defendants in restricted cases, and the court must charge a $15 first-appearance fee for the plaintiff.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161.2. (a) (1) The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows: (A) To a party to the action, including a party’s attorney. (B) To a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any. (C) To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of residency. (D) To a person by order of the court, which may be granted ex parte, on a showing of good cause. (E) Except as provided in subparagraph (G), to any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint. The court shall issue the order upon issuing judgment for the plaintiff. (F) Except as provided in subparagraph (G), to any other person 60 days after the complaint has been filed if judgment against all defendants has been entered for the plaintiff within 60 days of the filing of the complaint, in which case the clerk shall allow access to any court records in the action. If a default or default judgment is set aside more than 60 days after the complaint has been filed, this section shall apply as if the complaint had been filed on the date the default or default judgment is set aside. (G) (i) In the case of a complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with the court, and, as of that date, judgment against all defendants has been entered for the plaintiff, after a trial. (ii) Subparagraphs (E) and (F) shall not apply if the plaintiff filed the action between March 4, 2020, and September 30, 2021, and the action is based on an alleged default in the payment of rent. (2) This section shall not be construed to prohibit the court from issuing an order that bars access to the court record in an action filed under this chapter if the parties to the action so stipulate. (b) (1) For purposes of this section, “good cause” includes, but is not limited to, both of the following: (A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code. (B) The gathering of evidence by a party to an unlawful detainer action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code. (2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a). (c) Upon the filing of a case so restricted, the court clerk shall mail notice to each defendant named in the action. The notice shall be mailed to the address provided in the complaint. The notice shall contain a statement that an unlawful detainer complaint (eviction action) has been filed naming that party as a defendant, and that access to the court file will be delayed for 60 days except to a party, an attorney for one of the parties, or any other person who (1) provides to the clerk the names of at least one plaintiff and one defendant in the action and provides to the clerk the address, including any applicable apartment, unit, or space number, of the subject premises, or (2) provides to the clerk the name of one of the parties in the action or the case number and can establish through proper identification that the person lives at the subject premises. The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon a showing of good cause for access. The notice shall contain on its face the following information: (1) The name and telephone number of the county bar association. (2) The name and telephone number of any entity that requests inclusion on the notice and demonstrates to the satisfaction of the court that it has been certified by the State Bar of California as a lawyer referral service and maintains a panel of attorneys qualified in the practice of landlord-tenant law pursuant to the minimum standards for a lawyer referral service established by the State Bar of California and Section 6155 of the Business and Professions Code. (3) The following statement: “The State Bar of California certifies lawyer referral services in California and publishes a list of certified lawyer referral services organized by county. To locate a lawyer referral service in your county, go to the State Bar’s internet website at www.calbar.ca.gov or call 1-866-442-2529.” (4) The name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds distributed pursuant to Section 6216 of the Business and Professions Code that provide legal services to low-income persons in the county in which the action is filed. The notice shall state that these telephone numbers may be called for legal advice regarding the case. The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays. One copy of the notice shall be addressed to “all occupants” and mailed separately to the subject premises. The notice shall not constitute service of the summons and complaint. (5) The following statement, for a notice sent out pursuant to this section between October 1, 2021, and March 31, 2022: “IMPORTANT NOTICE FROM THE STATE OF CALIFORNIA – YOU MUST TAKE ACTION TO AVOID AN EVICTION: As part of the state’s COVID-19 relief plan, money has been set aside to help renters who have fallen behind on rent or utility payments. If you are behind on rent or utility payments, YOU SHOULD COMPLETE A RENTAL ASSISTANCE APPLICATION IMMEDIATELY! It is free and simple to apply. Citizenship or immigration status does not matter. You can find out how to start your application by calling 1-833-430-2122 or visiting http://housingiskey.com right away.” (d) Notwithstanding any other law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff. This fee shall be added to the uniform filing fee for actions filed under this chapter. (e) This section does not alter any provision of the Evidence Code. (Amended by Stats. 2024, Ch. 711, Sec. 1. (AB 2304) Effective January 1, 2025.)
  16. 1161.2.5.

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

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    Court records in covered COVID-19 rental debt cases must be opened only to listed people, and pleadings must show a bold notice that access is limited.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161.2.5. (a) (1) Except as provided in Section 1161.2, the clerk shall allow access to civil case records for actions seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, including the court file, index, and register of actions, only as follows: (A) To a party to the action, including a party’s attorney. (B) To a person who provides the clerk with the names of at least one plaintiff and one defendant. (C) To a resident of the premises for which the COVID-19 rental debt is owed who provides the clerk with the name of one of the parties or the case number and shows proof of residency. (D) To a person by order of the court, which may be granted ex parte, on a showing of good cause. (2) To give the court notice that access to the records in an action is limited, any complaint or responsive pleading in a case subject to this section shall include on either the first page of the pleading or a cover page, the phrase “ACTION FOR RECOVERY OF COVID-19 RENTAL DEBT AS DEFINED UNDER SECTION 1179.02” in bold, capital letters, in 12 point or larger font. (3) The Judicial Council shall develop forms for parties to utilize in actions brought pursuant to Section 116.223 and in civil actions for recovery of COVID-19 rental debt as defined in Section 1179.02. The forms shall provide prominent notice on the first page that access to the records in the case is limited pursuant to this section. (b) (1) For purposes of this section, “good cause” includes, but is not limited to, both of the following: (A) The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code. (B) The gathering of evidence by a party to a civil action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code. (2) It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a). (c) This section does not alter any provision of the Evidence Code. (Amended by Stats. 2021, Ch. 27, Sec. 13. (AB 832) Effective June 28, 2021.)
  17. 1161.3.

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

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    This section limits a landlord’s ability to end or refuse to renew a tenancy when the tenant has documentation of abuse or violence, and restricts disclosure of tenant-provided information.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161.3. (a) For purposes of this section: (1) “Abuse or violence” means domestic violence as defined in Section 6211 of the Family Code, sexual assault as defined in Section 1219, stalking as defined in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code, human trafficking as defined in Section 236.1 of the Penal Code, abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code, or any act described in paragraphs (6) to (8), inclusive, of subdivision (a) of Section 1946.7 of the Civil Code. (2) “Documentation evidencing abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member” means any of the following: (A) A temporary restraining order, emergency protective order, or protective order lawfully issued within the last 180 days pursuant to Section 527.6, Part 3 (commencing with Section 6240), Part 4 (commencing with Section 6300), or Part 5 (commencing with Section 6400) of Division 10 of the Family Code, Section 136.2 of the Penal Code, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, the tenant’s immediate family member, or the tenant’s household member from abuse or violence. (B) A copy of a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in the officer’s official capacity, stating that the tenant, the tenant’s immediate family member, or the tenant’s household member has filed a report alleging that they are a victim of abuse or violence. (C) (i) Documentation from a qualified third party based on information received by that third party while acting in their professional capacity to indicate that the tenant, the tenant’s immediate family member, or the tenant’s household member is seeking assistance for physical or mental injuries or abuse resulting from an act of abuse or violence, which shall contain, in substantially the same form, the following: Tenant Statement and Qualified Third Party Statement under Code of Civil Procedure Section 1161.3 Part I.Statement By Tenant I, [insert name of tenant], state as follows: I, my immediate family member, or a member of my household, have been a victim of: [insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] The most recent incident(s) happened on or about: [insert date or dates.] The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide: [if known and safe to provide, insert name(s) and physical description(s).] (signature of tenant)(date) Part II.Qualified Third Party Statement I, [insert name of qualified third party], state as follows: My business address and phone number are: [insert business address and phone number.] Check and complete one of the following: ____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code. ____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section. ____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code. ____I meet the definition of “victim of violent crime advocate” provided in Section 1946.7 of the Civil Code and I am employed, whether financially compensated or not, by an agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency. ____I am licensed by the State of California as a: [insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is: [insert name of state licensing entity and license number.] The person who signed the Statement By Tenant above stated to me that they, a member of their immediate family, or a member of their household is a victim of: [insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use or threat of force against the victim.] The person further stated to me the incident(s) occurred on or about the date(s) stated above. (signature of qualified third party)(date) (ii) The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate. (D) Any other form of documentation or evidence that reasonably verifies that the abuse or violence occurred. (3) “Health practitioner” means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor. (4) “Immediate family member” has the same meaning as defined in Section 1946.7 of the Civil Code. (5) “Perpetrator of abuse or violence” means any of the following: (A) The person against whom an order described in subparagraph (A) of paragraph (2) of subdivision (a) has been issued. (B) The person who was named or referred to as causing the abuse or violence in the report described in subparagraph (B) of paragraph (2) of subdivision (a). (C) The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (C) of paragraph (2) of subdivision (a). (D) The person who was named or referred to as causing the abuse or violence in the documentation described in subparagraph (D) of paragraph (2) of subdivision (a). (6) “Qualified third party” means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code, or a victim of violent crime advocate. (7) “Tenant” means tenant, subtenant, lessee, or sublessee. (8) “Tenant in residence” means a tenant who is currently residing in the unit and has full physical and legal access to the unit. (9) “Victim of violent crime advocate” has the same meaning as defined in Section 1946.7 of the Civil Code. (b) (1) A landlord shall not terminate a tenancy or fail to renew a tenancy based on an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member if the landlord has received documentation evidencing abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member. (2) Notwithstanding paragraph (1), a landlord may terminate a tenancy or fail to renew a tenancy based on an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member even after receiving documentation of abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member if either of the following apply: (A) The perpetrator of abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenant’s immediate family member, or household member. (B) Both of the following apply: (i) The perpetrator of abuse or violence’s words or actions have threatened the physical safety of other tenants, guests, invitees, or licensees. (ii) After expiration of a three-day notice requiring the tenant not to voluntarily permit or consent to the presence of the perpetrator of abuse or violence on the premises, the tenant continues to do so. (c) Notwithstanding any provision in a lease to the contrary, a landlord shall not be liable to any other tenants for any action that arises due to the landlord’s compliance with this section. (d) A defendant in an unlawful detainer action arising from a landlord’s termination of a tenancy or failure to renew a tenancy that is based on an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member may raise an affirmative defense as follows: (1) If the perpetrator of the abuse or violence is not a tenant in residence of the same dwelling unit as the tenant, the tenant’s immediate family member, or household member, then the defendant shall have a complete defense as to that cause of action, unless each clause of subparagraph (B) of paragraph (2) of subdivision (b) applies. (2) If the perpetrator of the abuse or violence is a tenant in residence of the same dwelling unit as the tenant, the tenant’s immediate family member, or household member, the court shall proceed in accordance with Section 1174.27. (e) (1) A landlord shall not disclose any information provided by a tenant under this section to a third party unless either of the following is true: (A) The tenant has consented in writing to the disclosure. (B) The disclosure is required by law or court order. (2) A landlord’s communication with the qualified third party who provides documentation in order to verify the contents of that documentation is not a disclosure for purposes of this subdivision. (f) The Judicial Council shall review its forms that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action and, by January 1, 2025, make any changes to those forms that the Judicial Council deems necessary to conform them to this section. (Amended by Stats. 2023, Ch. 478, Sec. 16. (AB 1756) Effective January 1, 2024.)
  18. 1161.4.

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

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    A landlord may not evict or sue to recover possession because of a tenant’s immigration or citizenship status, except when complying with certain federal rent-limitation or rental-assistance obligations.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161.4. (a) A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord is complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (b) In an unlawful detainer action, a tenant or occupant may raise, as an affirmative defense, that the landlord violated subdivision (a). (c) It is a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section in an unlawful detainer action if the landlord did both of the following: (1) Approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action. (2) Included in the unlawful detainer action a claim based on one of the following: (A) The failure at any time of a previously approved tenant or occupant to provide a valid social security number. (B) The failure at any time of a previously approved tenant or occupant to provide information required to obtain a consumer credit report under Section 1785.11 of the Civil Code. (C) The failure at any time of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord. (d) This section does not create a rebuttable presumption that a tenant or occupant has established an affirmative defense under this section if a landlord has requested the information described in paragraph (2) of subdivision (c) for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or any other federal law, or a subpoena, warrant, or other order issued by a court. (e) The rebuttable presumption in this section does not limit paragraph (2) of subdivision (c) of Section 1940.3 of the Civil Code. (f) No affirmative defense is established under subdivision (b) if a landlord files an unlawful detainer action for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (g) For purposes of this section, “immigration or citizenship status” includes a perception that the person has a particular immigration status or citizenship status, or that the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status. (Added by Stats. 2017, Ch. 489, Sec. 8. (AB 291) Effective January 1, 2018.)
  19. 1161.5.

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

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    A landlord’s forfeiture declaration is void if the tenant cures within three days after notice service or if the landlord waives the breach after service.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161.5. When the notice required by Section 1161 states that the lessor or the landlord may elect to declare the forfeiture of the lease or rental agreement, that declaration shall be nullified and the lease or rental agreement shall remain in effect if the lessee or tenant performs within three days after service of the notice or if the breach is waived by the lessor or the landlord after service of the notice. (Added by Stats. 1984, Ch. 174, Sec. 1.)
  20. 1161a

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

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    This section allows removal of certain holdover occupants of specified property after a three-day written notice to quit, and it adds a separate notice period for tenants or subtenants in rental housing units.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161a. (a) As used in this section: (1) “Manufactured home” has the same meaning as provided in Section 18007 of the Health and Safety Code. (2) “Mobilehome” has the same meaning as provided in Section 18008 of the Health and Safety Code. (3) “Floating home” has the same meaning as provided in subdivision (d) of Section 18075.55 of the Health and Safety Code. (b) In any of the following cases, a person who holds over and continues in possession of a manufactured home, mobilehome, floating home, or real property after a three-day written notice to quit the property has been served upon the person, or if there is a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter: (1) Where the property has been sold pursuant to a writ of execution against such person, or a person under whom such person claims, and the title under the sale has been duly perfected. (2) Where the property has been sold pursuant to a writ of sale, upon the foreclosure by proceedings taken as prescribed in this code of a mortgage, or under an express power of sale contained therein, executed by such person, or a person under whom such person claims, and the title under the foreclosure has been duly perfected. (3) Where the property has been sold in accordance with Section 2924 of the Civil Code, under a power of sale contained in a deed of trust executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected. (4) Where the property has been sold by such person, or a person under whom such person claims, and the title under the sale has been duly perfected. (5) Where the property has been sold in accordance with Section 18037.5 of the Health and Safety Code under the default provisions of a conditional sale contract or security agreement executed by such person, or a person under whom such person claims, and the title under the sale has been duly perfected. (c) Notwithstanding the provisions of subdivision (b), a tenant or subtenant in possession of a rental housing unit which has been sold by reason of any of the causes enumerated in subdivision (b), who rents or leases the rental housing unit either on a periodic basis from week to week, month to month, or other interval, or for a fixed period of time, shall be given written notice to quit pursuant to Section 1162, at least as long as the term of hiring itself but not exceeding 30 days, before the tenant or subtenant may be removed therefrom as prescribed in this chapter. (d) For the purpose of subdivision (c), “rental housing unit” means any structure or any part thereof which is rented or offered for rent for residential occupancy in this state. (Amended by Stats. 1991, Ch. 942, Sec. 11.)
  21. 1161b

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

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    After a foreclosure sale, some tenants must get 90 days’ written notice before removal, and certain fixed-term leases continue until the lease ends.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1161b. (a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit under a month-to-month lease or periodic tenancy at the time the property is sold in foreclosure shall be given 90 days’ written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter. (b) In addition to the rights set forth in subdivision (a), tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale shall have the right to possession until the end of the lease term, and all rights and obligations under the lease shall survive foreclosure, except that the tenancy may be terminated upon 90 days’ written notice to quit pursuant to subdivision (a) if any of the following conditions apply: (1) The purchaser or successor in interest will occupy the housing unit as a primary residence. (2) The lessee is the mortgagor or the child, spouse, or parent of the mortgagor. (3) The lease was not the result of an arms’ length transaction. (4) The lease requires the receipt of rent that is substantially less than fair market rent for the property, except when rent is reduced or subsidized due to a federal, state, or local subsidy or law. (c) The purchaser or successor in interest shall bear the burden of proof in establishing that a fixed-term residential lease is not entitled to protection under subdivision (b). (d) This section shall not apply if any party to the note remains in the property as a tenant, subtenant, or occupant. (e) Nothing in this section is intended to affect any local just cause eviction ordinance. This section does not, and shall not be construed to, affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction. (Amended by Stats. 2019, Ch. 134, Sec. 3. (SB 18) Effective January 1, 2020.)
  22. 1162.

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

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    This section says how required notices can be served on tenants and subtenants, including special rules for commercial tenants.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1162. (a) Except as provided in subdivision (b), the notices required by Sections 1161 and 1161a may be served by any of the following methods: (1) By delivering a copy to the tenant personally. (2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence. (3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner. (b) The notices required by Section 1161 may be served upon a commercial tenant by any of the following methods: (1) By delivering a copy to the tenant personally. (2) If he or she is absent from the commercial rental property, by leaving a copy with some person of suitable age and discretion at the property, and sending a copy through the mail addressed to the tenant at the address where the property is situated. (3) If, at the time of attempted service, a person of suitable age or discretion is not found at the rental property through the exercise of reasonable diligence, then by affixing a copy in a conspicuous place on the property, and also sending a copy through the mail addressed to the tenant at the address where the property is situated. Service upon a subtenant may be made in the same manner. (c) For purposes of subdivision (b), “commercial tenant” means a person or entity that hires any real property in this state that is not a dwelling unit, as defined in subdivision (c) of Section 1940 of the Civil Code, or a mobilehome, as defined in Section 798.3 of the Civil Code. (Amended by Stats. 2010, Ch. 144, Sec. 1. (AB 1263) Effective January 1, 2011.)
  23. 1162a

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

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    If a receiver’s deed or levying officer’s deed must be served or exhibited, a copy or copies of the deed may be served instead, as provided in Section 1162.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1162a. In any case in which service or exhibition of a receiver’s or levying officer’s deed is required, in lieu thereof service of a copy or copies of the deed may be made as provided in Section 1162. (Amended by Stats. 1982, Ch. 497, Sec. 75. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  24. 1164.

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

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    In this type of possession proceeding, only the tenant and any subtenant actually occupying the premises when the complaint is filed need be named as defendants, and later occupants under the tenant are bound by the judgment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1164. No person other than the tenant of the premises and subtenant, if there be one, in the actual occupation of the premises when the complaint is filed, need be made parties defendant in the proceeding, nor shall any proceeding abate, nor the plaintiff be nonsuited for the nonjoinder of any person who might have been made party defendant, but when it appears that any of the parties served with process, or appearing in the proceeding, are guilty of the offense charged, judgment must be rendered against him or her. In case a defendant has become a subtenant of the premises in controversy, after the service of the notice provided for by subdivision 2 of Section 1161 of this code, upon the tenant of the premises, the fact that such notice was not served on each subtenant shall constitute no defense to the action. All persons who enter the premises under the tenant, after the commencement of the suit, shall be bound by the judgment, the same as if he or they had been made party to the action. (Amended by Stats. 1975, Ch. 1241.)
  25. 1165.

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

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    Except as provided in the preceding section, the Part II rules on parties to civil actions apply to this proceeding.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1165. Except as provided in the preceding section, the provisions of Part II of this Code, relating to parties to civil actions, are applicable to this proceeding. (Enacted 1872.)
  26. 1166a

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

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    This section lets the plaintiff seek immediate possession of the premises by writ if certain conditions are met, and requires notice to the defendant and an undertaking.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1166a. (a) Upon filing the complaint, the plaintiff may, upon motion, have immediate possession of the premises by a writ of possession of a manufactured home, mobilehome, or real property issued by the court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons. The motion shall indicate that the writ applies to all tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. (b) Written notice of the hearing on the motion shall be served on the defendant by the plaintiff in accordance with the provisions of Section 1011, and shall inform the defendant as follows: “You may file affidavits on your own behalf with the court and may appear and present testimony on your own behalf. However, if you fail to appear, the plaintiff will apply to the court for a writ of possession of a manufactured home, mobilehome, or real property.” (c) The plaintiff shall file an undertaking in a sum that shall be fixed and determined by the judge, to the effect that, if the plaintiff fails to recover judgment against the defendant for the possession of the premises or if the suit is dismissed, the plaintiff will pay to the defendant those damages, not to exceed the amount fixed in the undertaking, as may be sustained by the defendant by reason of that dispossession under the writ of possession of a manufactured home, mobilehome, or real property. (d) If, at the hearing on the motion, the findings of the court are in favor of the plaintiff and against the defendant, an order shall be entered for the immediate possession of the premises. (e) The order for the immediate possession of the premises may be enforced as provided in Division 3 (commencing with Section 712.010) of Title 9 of Part 2. (f) For the purposes of this section, references in Division 3 (commencing with Section 712.010) of Title 9 of Part 2 and in subdivisions (e) to (m), inclusive, of Section 1174, to the “judgment debtor” shall be deemed references to the defendant, to the “judgment creditor” shall be deemed references to the plaintiff, and to the “judgment of possession or sale of property” shall be deemed references to an order for the immediate possession of the premises. (Amended by Stats. 1996, Ch. 872, Sec. 20. Effective January 1, 1997.)
  27. 1167.

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

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    A defendant must file a response within 10 days after the complaint is served, excluding weekends and other judicial holidays. If service is by mail or through the Secretary of State’s address confidentiality program, the defendant gets five additional court days.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1167. (a) The summons shall be in the form specified in Section 412.20 except that when the defendant is served, the defendant’s response shall be filed within 10 days, excluding Saturdays and Sundays and other judicial holidays, after the complaint is served upon the defendant. (b) If service is completed by mail or in person through the Secretary of State’s address confidentiality program under Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the defendant shall have an additional five court days to file a response. (c) Except as otherwise provided in this section, the summons shall be issued and served and returned in the same manner as a summons in a civil action. (Amended by Stats. 2024, Ch. 512, Sec. 1. (AB 2347) Effective January 1, 2025.)
  28. 1167.1.

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

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    If proof of service of the summons is not filed within 60 days after the complaint is filed, the court may dismiss the action without prejudice.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1167.1. If proof of service of the summons has not been filed within 60 days of the complaint’s filing, the court may dismiss the action without prejudice. (Added by Stats. 2016, Ch. 336, Sec. 4. (AB 2819) Effective January 1, 2017.)
  29. 1167.3.

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

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    In actions under this chapter, the defendant’s time to answer or amend is capped at five days unless the court orders otherwise for good cause shown.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1167.3. In any action under this chapter, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to answer the complaint, answer the complaint, if amended, or amend the answer under paragraph (2), (3), (5), (6), or (7) of subdivision (a) of Section 586 shall not exceed five days. (Amended by Stats. 1999, Ch. 344, Sec. 19. Effective September 7, 1999.)
  30. 1167.4.

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

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    In these proceedings, a defendant’s motion must be made within a 3-to-7-day window after filing the notice, and filing the notice extends the time to plead until 5 days after service of notice of entry of the order denying the motion.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1167.4. Notwithstanding any other provision of law, in any action under this chapter: (a) Where the defendant files a notice of motion as provided for in subdivision (a) of Section 418.10, the time for making the motion shall be not less than three days nor more than seven days after the filing of the notice. (b) The service and filing of a notice of motion under subdivision (a) shall extend the defendant’s time to plead until five days after service upon him of the written notice of entry of an order denying his motion, except that for good cause shown the court may extend the defendant’s time to plead for an additional period not exceeding 15 days. (Added by Stats. 1971, Ch. 1332.)
  31. 1167.5.

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

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    A time extension in actions under this chapter generally cannot be longer than 10 days unless the court orders otherwise for good cause shown or the adverse party consents.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1167.5. Unless otherwise ordered by the court for good cause shown, no extension of time allowed in any action under this chapter for the causes specified in Section 1054 shall exceed 10 days without the consent of the adverse party. (Added by Stats. 1971, Ch. 849.)
  32. 1169.

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

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    If a served defendant does not appear and defend, the clerk must enter default, and on request must immediately enter judgment for restitution of the premises and issue execution.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1169. If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and proof of the service of summons and complaint, shall enter the default of any defendant so served, and, if requested by the plaintiff, immediately shall enter judgment for restitution of the premises and shall issue a writ of execution thereon. The application for default judgment and the default judgment shall include a place to indicate that the judgment includes tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. Thereafter, the plaintiff may apply to the court for any other relief demanded in the complaint, including the costs, against the defendant, or defendants, or against one or more of the defendants. (Amended by Stats. 2007, Ch. 263, Sec. 13. Effective January 1, 2008.)
  33. 1170.

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

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    This section lets a defendant respond to the complaint by appearing, answering, demurring, or moving to strike, and sets tight hearing and filing deadlines for motions and written opposition.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1170. (a) On or before the day fixed for their appearance, the defendant may appear and answer, demur, or move to strike any portion of the complaint. (b) (1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint or any portion thereof, the hearing on the motion shall be not less than five court days nor more than seven court days after the filing of the notice of motion. All moving and supporting papers shall accompany the notice of the motion and shall be served in compliance with this section and Section 1010.6 or 1013. (2) Notwithstanding paragraph (1), the court may order the hearing held on a later date upon the written stipulation of the parties. In the case of a residential tenancy, the court, for good cause shown, may order the hearing held on a later date on notice prescribed by the court. In the case of a commercial tenancy, the court, for good cause shown, may order the hearing held on a later date not to exceed 10 court days after the first date set for a hearing on the motion. (c) An opposition and reply to an opposition may be made orally at the time of the hearing. If a party seeks to have a written opposition considered in advance of the hearing, the written opposition shall be filed and served on or before the court day before the hearing. Service shall be by personal delivery, electronic service, fax transmission, express mail, or other means consistent with Sections 1010, 1010.6, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties no later than the close of business on the court day before the hearing. The court, in its discretion, may consider written opposition filed later. (Amended by Stats. 2025, Ch. 299, Sec. 1. (AB 1384) Effective January 1, 2026.)
  34. 1170.5.

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

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    This section sets deadlines and procedures for trial in certain real-property summary proceedings, including when the court must hold trial, enter judgment, issue a writ, handle escrow payments, and allocate interest.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1170.5. (a) If the defendant appears pursuant to Section 1170, trial of the proceeding shall be held not later than the 20th day following the date that the request to set the time of the trial is made. Judgment shall be entered thereon and, if the plaintiff prevails, a writ of execution shall be issued immediately by the court upon the request of the plaintiff. (b) The court may extend the period for trial upon the agreement of all of the parties. No other extension of the time for trial of an action under this chapter may be granted unless the court, upon its own motion or on motion of any party, holds a hearing and renders a decision thereon as specified in subdivision (c). (c) If trial is not held within the time specified in this section, the court, upon finding that there is a reasonable probability that the plaintiff will prevail in the action, shall determine the amount of damages, if any, to be suffered by the plaintiff by reason of the extension, and shall issue an order requiring the defendant to pay that amount into court as the rent would have otherwise become due and payable or into an escrow designated by the court for so long as the defendant remains in possession pending the termination of the action. The determination of the amount of the payment shall be based on the plaintiff’s verified statement of the contract rent for rental payment, any verified objection thereto filed by the defendant, and the oral or demonstrative evidence presented at the hearing. The court’s determination of the amount of damages shall include consideration of any evidence, presented by the parties, embracing the issue of diminution of value or any set off permitted by law. (d) If the defendant fails to make a payment ordered by the court, trial of the action shall be held within 15 days of the date payment was due. (e) Any cost for administration of an escrow account pursuant to this section shall be recoverable by the prevailing party as part of any recoverable cost in the action. (f) After trial of the action, the court shall determine the distribution of the payment made into court or the escrow designated by the court. (g) Where payments into court or the escrow designated by the court are made pursuant to this section, the court may order that the payments be invested in an insured interest-bearing account. Interest on the account shall be allocated to the parties in the same proportions as the original funds are allocated. (h) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (i) Nothing in this section shall be construed to abrogate or interfere with the precedence given to the trial of criminal cases over the trial of civil matters by Section 1050 of the Penal Code. (Added by Stats. 1982, Ch. 1620, Sec. 2.)
  35. 1170.7.

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

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    A motion for summary judgment may be made after the answer is filed, if five days notice is given.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1170.7. A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c. (Added by Stats. 1982, Ch. 1620, Sec. 3.)
  36. 1170.8.

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

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    In actions under this chapter, a discovery motion may be made at any time if five days’ notice is given.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1170.8. In any action under this chapter, a discovery motion may be made at any time upon giving five days’ notice. (Added by Stats. 2007, Ch. 113, Sec. 1. Effective January 1, 2008.)
  37. 1170.9.

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

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    The Judicial Council must adopt rules for when opposition and reply papers must be filed and served for certain motions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1170.9. The Judicial Council shall adopt rules, not inconsistent with statute, prescribing the time for filing and serving opposition and reply papers, if any, relating to a motion under Section 1167.4, 1170.7, or 1170.8. (Added by Stats. 2007, Ch. 113, Sec. 2. Effective January 1, 2008.)
  38. 1171.

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

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    If the pleadings present an issue of fact, that issue must be tried by a jury unless the jury is waived.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1171. Whenever an issue of fact is presented by the pleadings, it must be tried by a jury, unless such jury be waived as in other cases. The jury shall be formed in the same manner as other trial juries in an action of the same jurisdictional classification in the Court in which the action is pending. (Amended by Stats. 1998, Ch. 931, Sec. 120. Effective September 28, 1998.)
  39. 1172.

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

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    In a forcible entry or forcible detainer trial, the plaintiff must show possession or entitlement to possession, and the defendant may defend by showing one year of quiet possession and that the interest has not ended.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1172. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings. (Enacted 1872.)
  40. 1173.

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

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    The judge must order the complaint amended to match the proof, and the amendment must be made without terms.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1173. When, upon the trial of any proceeding under this chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the Judge must order that such complaint be forthwith amended to conform to such proofs; such amendment must be made without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the Court good cause therefor. (Amended by Stats. 1885, Ch. 121.)
  41. 1174.

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

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    This section says the court enters judgment for possession when the plaintiff wins an unlawful detainer trial, and it sets rules for damages, rent, and handling personal property left on the premises.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1174. (a) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the findings of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the possession of the premises; and if the proceedings be for an unlawful detainer after neglect, or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of that lease or agreement if the notice required by Section 1161 states the election of the landlord to declare the forfeiture thereof, but if that notice does not so state that election, the lease or agreement shall not be forfeited. Except as provided in Section 1166a, in any action for unlawful detainer brought by a petroleum distributor against a gasoline dealer, possession shall not be restored to the petroleum distributor unless the court in the unlawful detainer action determines that the petroleum distributor had good cause under Section 20999.1 of the Business and Professions Code to terminate, cancel, or refuse to renew the franchise of the gasoline dealer. In any action for unlawful detainer brought by a petroleum distributor against the gasoline dealer, the court may, at the time of request of either party, require the tenant to make rental payments into the court, for the lessor, at the contract rate, pending the resolution of the action. (b) The jury or the court, if the proceedings be tried without a jury, shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent. If the defendant is found guilty of forcible entry, or forcible or unlawful detainer, and malice is shown, the plaintiff may be awarded statutory damages of up to six hundred dollars ($600), in addition to actual damages, including rent found due. The trier of fact shall determine whether actual damages, statutory damages, or both, shall be awarded, and judgment shall be entered accordingly. (c) When the proceeding is for an unlawful detainer after default in the payment of rent, and the lease or agreement under which the rent is payable has not by its terms expired, and the notice required by Section 1161 has not stated the election of the landlord to declare the forfeiture thereof, the court may, and, if the lease or agreement is in writing, is for a term of more than one year, and does not contain a forfeiture clause, shall order that a writ shall not be issued to enforce the judgment until the expiration of five days after the entry of the judgment, within which time the tenant, or any subtenant, or any mortgagee of the term, or any other party interested in its continuance, may pay into the court, for the landlord, the amount found due as rent, with interest thereon, and the amount of the damages found by the jury or the court for the unlawful detainer, and the costs of the proceedings, and thereupon the judgment shall be satisfied and the tenant be restored to the tenant’s estate. If payment as provided in this subdivision is not made within five days, the judgment may be enforced for its full amount and for the possession of the premises. In all other cases the judgment may be enforced immediately. (d) Subject to subdivision (c), the judgment for possession of the premises may be enforced as provided in Division 3 (commencing with Section 712.010) of Title 9 of Part 2. (e) Personal property remaining on the premises which the landlord reasonably believes to have been lost shall be disposed of pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code. The landlord is not liable to the owner of any property which is disposed of in this manner. If the appropriate police or sheriff’s department refuses to accept that property, it shall be deemed not to have been lost for the purposes of this subdivision. (f) The landlord shall give notice pursuant to Section 1983 of the Civil Code to any person (other than the tenant) reasonably believed by the landlord to be the owner of personal property remaining on the premises unless the procedure for surrender of property under Section 1965 of the Civil Code has been initiated or completed. (g) The landlord shall store the personal property in a place of safekeeping until it is either released pursuant to subdivision (h) or disposed of pursuant to subdivision (i). (h) The landlord shall release the personal property pursuant to Section 1965 of the Civil Code or shall release it to the tenant or, at the landlord’s option, to a person reasonably believed by the landlord to be its owner if the tenant or other person pays the costs of storage as provided in Section 1990 of the Civil Code and claims the property not later than the date specified in the writ of possession before which the tenant must make his or her claim or the date specified in the notice before which a person other than the tenant must make his or her claim. (i) Personal property not released pursuant to subdivision (h) shall be disposed of pursuant to Section 1988 of the Civil Code. (j) Where the landlord releases personal property to the tenant pursuant to subdivision (h), the landlord is not liable with respect to that property to any person. (k) Where the landlord releases personal property pursuant to subdivision (h) to a person (other than the tenant) reasonably believed by the landlord to be its owner, the landlord is not liable with respect to that property to: (1) The tenant or to any person to whom notice was given pursuant to subdivision (f); or (2) Any other person, unless that person proves that, prior to releasing the property, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of that person. (l) Where personal property is disposed of pursuant to Section 1988 of the Civil Code, the landlord is not liable with respect to that property to: (1) The tenant or to any person to whom notice was given pursuant to subdivision (f); or (2) Any other person, unless that person proves that, prior to disposing of the property pursuant to Section 1988 of the Civil Code, the landlord believed or reasonably should have believed that the person had an interest in the property and also that the landlord knew or should have known upon reasonable investigation the address of that person. (m) For the purposes of subdivisions (e), (f), (h), (k), and (l), the terms “owner,” “premises,” and “reasonable belief” have the same meaning as provided in Section 1980 of the Civil Code. (Amended by Stats. 1993, Ch. 755, Sec. 2. Effective January 1, 1994.)
  42. 1174.2.

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

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    In certain residential unlawful detainer cases after rent default, the court must decide whether the landlord substantially breached habitability-related obligations and, if so, must limit possession and rent outcomes based on that finding.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1174.2. (a) In an unlawful detainer proceeding involving residential premises after default in payment of rent and in which the tenant has raised as an affirmative defense a breach of the landlord’s obligations under Section 1941 of the Civil Code or of any warranty of habitability, the court shall determine whether a substantial breach of these obligations has occurred. If the court finds that a substantial breach has occurred, the court (1) shall determine the reasonable rental value of the premises in its untenantable state to the date of trial, (2) shall deny possession to the landlord and adjudge the tenant to be the prevailing party, conditioned upon the payment by the tenant of the rent that has accrued to the date of the trial as adjusted pursuant to this subdivision within a reasonable period of time not exceeding five days, from the date of the court’s judgment or, if service of the court’s judgment is made by mail, the payment shall be made within the time set forth in Section 1013, (3) may order the landlord to make repairs and correct the conditions which constitute a breach of the landlord’s obligations, (4) shall order that the monthly rent be limited to the reasonable rental value of the premises as determined pursuant to this subdivision until repairs are completed, and (5) except as otherwise provided in subdivision (b), shall award the tenant costs and attorneys’ fees if provided by, and pursuant to, any statute or the contract of the parties. If the court orders repairs or corrections, or both, pursuant to paragraph (3), the court’s jurisdiction continues over the matter for the purpose of ensuring compliance. The court shall, however, award possession of the premises to the landlord if the tenant fails to pay all rent accrued to the date of trial, as determined due in the judgment, within the period prescribed by the court pursuant to this subdivision. The tenant shall, however, retain any rights conferred by Section 1174. (b) If the court determines that there has been no substantial breach of Section 1941 of the Civil Code or of any warranty of habitability by the landlord or if the tenant fails to pay all rent accrued to the date of trial, as required by the court pursuant to subdivision (a), then judgment shall be entered in favor of the landlord, and the landlord shall be the prevailing party for the purposes of awarding costs or attorneys’ fees pursuant to any statute or the contract of the parties. (c) As used in this section, “substantial breach” means the failure of the landlord to comply with applicable building and housing code standards which materially affect health and safety. (d) Nothing in this section is intended to deny the tenant the right to a trial by jury. Nothing in this section shall limit or supersede any provision of Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 1993, Ch. 589, Sec. 28. Effective January 1, 1994.)
  43. 1174.21.

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

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    A landlord who brings an unlawful detainer case for nonpayment of rent and is liable under Civil Code Section 1942.4 must pay the tenant or lessee reasonable attorneys’ fees and suit costs, as fixed by the court.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1174.21. A landlord who institutes an unlawful detainer proceeding based upon a tenant’s nonpayment of rent, and who is liable for a violation of Section 1942.4 of the Civil Code, shall be liable to the tenant or lessee for reasonable attorneys’ fees and costs of the suit, in an amount to be fixed by the court. (Added by Stats. 2003, Ch. 109, Sec. 2. Effective January 1, 2004.)
  44. 1174.25.

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

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    An occupant served with a prejudgment claim of right to possession may file a claim in court, usually within 10 days; after filing, the claimant must answer or respond within 5 days and is added as a defendant.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1174.25. (a) (1) Except as provided in paragraph (2), an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may file a claim as prescribed in Section 415.46, with the court within 10 days of the date of service of the prejudgment claim of right to possession as shown on the return of service, which period shall include Saturday and Sunday but exclude all other judicial holidays. If the last day for filing the claim falls on a Saturday or Sunday, the filing period shall be extended to and including the next court day. Filing the prejudgment claim of right to possession shall constitute a general appearance for which a fee shall be collected as provided in Section 70614 of the Government Code. Section 68511.3 of the Government Code applies to the prejudgment claim of right to possession. (2) In an action as described in paragraph (2) of subdivision (e) of Section 415.46, an occupant may file a prejudgment claim of right to possession at any time before judgment is entered. (b) At the time of filing, the claimant shall be added as a defendant in the action for unlawful detainer and the clerk shall notify the plaintiff that the claimant has been added as a defendant in the action by mailing a copy of the claim filed with the court to the plaintiff with a notation so indicating. The claimant shall answer or otherwise respond to the summons and complaint within five days, including Saturdays and Sundays, but excluding all other judicial holidays, after filing the prejudgment claim of possession. Thereafter, the name of the claimant shall be added to any pleading, filing or form filed in the action for unlawful detainer. (Amended by Stats. 2014, Ch. 913, Sec. 8. (AB 2747) Effective January 1, 2015.)
  45. 1174.27.

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

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    In certain residential unlawful detainer cases involving abuse or violence, the court must review documentation and may protect the non-offending defendant and occupants from eviction-related liability.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1174.27. (a) This section shall apply to an unlawful detainer proceeding in which all of the following are true: (1) The proceeding involves a residential premises. (2) The complaint includes a cause of action based on an act of abuse or violence against a tenant, a tenant’s immediate family member, or a tenant’s household member. (3) A defendant has invoked paragraph (2) of subdivision (d) of Section 1161.3 as an affirmative defense to the cause of action described in paragraph (2). (b) For the purposes of this section, the definitions in subdivision (a) of Section 1161.3 apply. (c) The court shall determine whether there is documentation evidencing abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member. (d) If the court determines there is not documentation evidencing abuse or violence against the tenant, the court shall deny the affirmative defense. (e) If the court determines that there is documentation evidencing abuse or violence against the tenant, the tenant’s immediate family member, or the tenant’s household member, and the court does not find the defendant raising the affirmative defense guilty of an unlawful detainer on any other grounds, then both of the following: (1) The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be guilty of an unlawful detainer and shall not be named in any judgment in favor of the landlord. (2) The defendant raising the affirmative defense and any other occupant not found guilty of an unlawful detainer shall not be held liable to the landlord for any amount related to the unlawful detainer, including, but not limited to, holdover damages, court costs, lease termination fees, or attorney’s fees. (f) (1) If the court makes the determination described in subdivision (e), upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, the court shall do both of the following: (A) Issue a partial eviction ordering the removal of the perpetrator of abuse or violence and ordering that person be immediately removed and barred from the dwelling unit, but the court shall not order the tenancy terminated. (B) Order the landlord to change the locks and to provide the remaining occupants with the new key. (2) If a court issues a partial eviction order as described in subparagraph (A) of paragraph (1), then only a defendant found guilty of an unlawful detainer may be liable for holdover damages, court costs, lease termination fees, or attorney’s fees, as applicable. (3) If the court makes the determination described in subdivision (e), the court may, upon a showing that any other defendant was the perpetrator of the abuse or violence on which the affirmative defense was based and is guilty of an unlawful detainer, do any of the following: (A) Permanently bar the perpetrator of abuse or violence from entering any portion of the residential premises. (B) Order as an express condition of the tenancy that the remaining occupants shall not give permission to or invite the perpetrator of abuse or violence to live in the dwelling unit. (4) In exercising its discretion under this subdivision, the court shall take into account custody or visitation orders or arrangements and any other factor that may necessitate the temporary reentry of the perpetrator of abuse or violence. (g) The Judicial Council shall develop a judgment form for use in a ruling pursuant to subdivision (e) or (f). (h) Notwithstanding any other law, a determination that a person is a perpetrator of abuse or violence under subdivision (e) or (f) shall not constitute a finding that the person is a perpetrator of abuse or violence for any other purposes and shall not be admissible as evidence that the person committed a crime or is a perpetrator of abuse or violence in any other proceeding, including, but not limited to, a civil action or proceeding, a criminal action or proceeding, and a proceeding involving a juvenile for a criminal offense. (Added by Stats. 2022, Ch. 558, Sec. 3. (SB 1017) Effective January 1, 2023.)
  46. 1174.3.

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

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    This section lets certain occupants object to enforcement of a possession judgment by filing a claim of right to possession, and it sets the court and levying officer steps and deadlines for handling that claim.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1174.3. (a) (1) Except as provided in paragraph (2), unless a prejudgment claim of right to possession has been served upon occupants in accordance with Section 415.46, any occupant not named in the judgment for possession who occupied the premises on the date of the filing of the action may object to enforcement of the judgment against that occupant by filing a claim of right to possession as prescribed in this section. A claim of right to possession may be filed at any time after service or posting of the writ of possession pursuant to subdivision (a) or (b) of Section 715.020, up to and including the time at which the levying officer returns to effect the eviction of those named in the judgment of possession. Filing the claim of right to possession shall constitute a general appearance for which a fee shall be collected as provided in Section 70614 of the Government Code. Section 68511.3 of the Government Code applies to the claim of right to possession. An occupant or tenant who is named in the action shall not be required to file a claim of right to possession to protect that occupant’s right to possession of the premises. (2) In an action as described in paragraph (2) of subdivision (e) of Section 415.46, an occupant may file a claim of right to possession at any time up to and including the time at which the levying officer returns to effect the eviction of those named in the judgment of possession, without regard to whether a prejudgment claim of right to possession has been served upon the occupant. (b) The court issuing the writ of possession of real property shall set a date or dates when the court will hold a hearing to determine the validity of objections to enforcement of the judgment specified in subdivision (a). An occupant of the real property for which the writ is issued may make an objection to eviction to the levying officer at the office of the levying officer or at the premises at the time of the eviction. If a claim of right to possession is completed and presented to the sheriff, marshal, or other levying officer, the officer shall forthwith (1) stop the eviction of occupants at the premises, and (2) provide a receipt or copy of the completed claim of right of possession to the claimant indicating the date and time the completed form was received, and (3) deliver the original completed claim of right to possession to the court issuing the writ of possession of real property. (c) A claim of right to possession is effected by any of the following: (1) Presenting a completed claim form in person with identification to the sheriff, marshal, or other levying officer as prescribed in this section, and delivering to the court within two court days after its presentation, an amount equal to 15 days’ rent together with the appropriate fee or form for proceeding in forma pauperis. Upon receipt of a claim of right to possession, the sheriff, marshal, or other levying officer shall indicate thereon the date and time of its receipt and forthwith deliver the original to the issuing court and a receipt or copy of the claim to the claimant and notify the plaintiff of that fact. Immediately upon receipt of an amount equal to 15 days’ rent and the appropriate fee or form for proceeding in forma pauperis, the court shall file the claim of right to possession and serve an endorsed copy with the notice of the hearing date on the plaintiff and the claimant by first-class mail. The court issuing the writ of possession shall set and hold a hearing on the claim not less than five nor more than 15 days after the claim is filed with the court. (2) Presenting a completed claim form in person with identification to the sheriff, marshal, or other levying officer as prescribed in this section, and delivering to the court within two court days after its presentation, the appropriate fee or form for proceeding in forma pauperis without delivering the amount equivalent to 15 days’ rent. In this case, the court shall immediately set a hearing on the claim to be held on the fifth day after the filing is completed. The court shall notify the claimant of the hearing date at the time the claimant completes the filing by delivering to the court the appropriate fee or form for proceeding in forma pauperis, and shall notify the plaintiff of the hearing date by first-class mail. Upon receipt of a claim of right to possession, the sheriff, marshal, or other levying officer shall indicate thereon the date and time of its receipt and forthwith deliver the original to the issuing court and a receipt or copy of the claim to the claimant and notify the plaintiff of that fact. (d) At the hearing, the court shall determine whether there is a valid claim of possession by the claimant who filed the claim, and the court shall consider all evidence produced at the hearing, including, but not limited to, the information set forth in the claim. The court may determine the claim to be valid or invalid based upon the evidence presented at the hearing. The court shall determine the claim to be invalid if the court determines that the claimant is an invitee, licensee, guest, or trespasser. If the court determines the claim is invalid, the court shall order the return to the claimant of the amount of the 15 days’ rent paid by the claimant, if that amount was paid pursuant to paragraph (1) or (3) of subdivision (c), less a pro rata amount for each day that enforcement of the judgment was delayed by reason of making the claim of right to possession, which pro rata amount shall be paid to the landlord. If the court determines the claim is valid, the amount equal to 15 days’ rent paid by the claimant shall be returned immediately to the claimant. (e) If, upon hearing, the court determines that the claim is valid, then the court shall order further proceedings as follows: (1) If the unlawful detainer is based upon a curable breach, and the claimant was not previously served with a proper notice, if any notice is required, then the required notice may at the plaintiff’s discretion be served on the claimant at the hearing or thereafter. If the claimant does not cure the breach within the required time, then a supplemental complaint may be filed and served on the claimant as defendant if the plaintiff proceeds against the claimant in the same action. For the purposes of this section only, service of the required notice, if any notice is required, and of the supplemental complaint may be made by first-class mail addressed to the claimant at the subject premises or upon his or her attorney of record and, in either case, Section 1013 shall otherwise apply. Further proceedings on the merits of the claimant’s continued right to possession after service of the Summons and Supplemental Complaint as prescribed by this subdivision shall be conducted pursuant to this chapter. (2) In all other cases, the court shall deem the unlawful detainer Summons and Complaint to be amended on their faces to include the claimant as defendant, service of the Summons and Complaint, as thus amended, may at the plaintiff’s discretion be made at the hearing or thereafter, and the claimant thus named and served as a defendant in the action shall answer or otherwise respond within five days thereafter. (f) If a claim is made without delivery to the court of the appropriate filing fee or a form for proceeding in forma pauperis, as prescribed in this section, the claim shall be immediately deemed denied and the court shall so order. Upon the denial of the claim, the court shall immediately deliver an endorsed copy of the order to the levying officer and shall serve an endorsed copy of the order on the plaintiff and claimant by first-class mail. (g) If the claim of right to possession is denied pursuant to subdivision (f), or if the claimant fails to appear at the hearing or, upon hearing, if the court determines that there are no valid claims, or if the claimant does not prevail at a trial on the merits of the unlawful detainer action, the court shall order the levying officer to proceed with enforcement of the original writ of possession of real property as deemed amended to include the claimant, which shall be effected within a reasonable time not to exceed five days. Upon receipt of the court’s order, the levying officer shall enforce the writ of possession of real property against any occupant or occupants. (h) The claim of right to possession shall be made on the following form: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Claim of Right to Possession form appears in the published chaptered bill. See Sec. 9, Chapter 913 (pp. 81–83), Statutes of 2014. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Amended by Stats. 2014, Ch. 913, Sec. 9. (AB 2747) Effective January 1, 2015. Note: See published chaptered bill for complete section text. The Claim of Right to Possession form appears on pages 81 to 83 of Ch. 913.)
  47. 1174.5.

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

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    A judgment in unlawful detainer that forfeits a lease or agreement does not relieve the lessee from liability under Civil Code Section 1951.2.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1174.5. A judgment in unlawful detainer declaring the forfeiture of the lease or agreement under which real property is held shall not relieve the lessee from liability pursuant to Section 1951.2 of the Civil Code. (Added by Stats. 1982, Ch. 488, Sec. 1.)
  48. 1176.

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

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    An appeal by the defendant does not automatically pause enforcement, and any stay must be sought from the trial judge first.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1176. (a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered. Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance. If the stay is denied by the trial court, the defendant may forthwith file a petition for an extraordinary writ with the appropriate appeals court. If the trial or appellate court stays enforcement of the judgment, the court may condition the stay on whatever conditions the court deems just, but in any case it shall order the payment of the reasonable monthly rental value to the court monthly in advance as rent would otherwise become due as a condition of issuing the stay of enforcement. As used in this subdivision, “reasonable rental value” means the contract rent unless the rental value has been modified by the trial court in which case that modified rental value shall be used. (b) A new cause of action on the same agreement for the rental of real property shall not be barred because of an appeal by any party. (Amended by Stats. 1985, Ch. 1279, Sec. 3.)
  49. 1177.

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

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    Unless this chapter says otherwise, Part II of the code applies as the practice rules for the proceedings covered by this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1177. Except as otherwise provided in this Chapter the provisions of Part II of this Code are applicable to, and constitute the rules of practice in the proceedings mentioned in this Chapter. (Enacted 1872.)
  50. 1178.

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

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    Part 2 rules on new trials and appeals apply to the proceedings in this chapter, unless they conflict with this chapter or Judicial Council rules.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1178. The provisions of Part 2 of this code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this chapter or with rules adopted by the Judicial Council, apply to the proceedings mentioned in this chapter. (Amended by Stats. 1945, Ch. 40.)
  51. 1179.

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

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    The court may relieve a tenant from a lease or rental forfeiture, and an application must be made by petition with notice served before the hearing.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1179. The court may relieve a tenant against a forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy has terminated, and restore him or her to his or her former estate or tenancy, in case of hardship, as provided in Section 1174. The court has the discretion to relieve any person against forfeiture on its own motion. An application for relief against forfeiture may be made at any time prior to restoration of the premises to the landlord. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant. Notice of the application, with a copy of the petition, must be served at least five days prior to the hearing on the plaintiff in the judgment, who may appear and contest the application. Alternatively, a person appearing without an attorney may make the application orally, if the plaintiff either is present and has an opportunity to contest the application, or has been given ex parte notice of the hearing and the purpose of the oral application. In no case shall the application or motion be granted except on condition that full payment of rent due, or full performance of conditions or covenants stipulated, so far as the same is practicable, be made. (Amended by Stats. 2002, Ch. 301, Sec. 4. Effective January 1, 2003.)
  52. 1179a

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

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    Courts must give these real-property possession cases priority over other civil actions, except cases with special legal priority, so they are heard and decided quickly.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179a] ( Title 3 enacted 1872. ) ## CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a] ( Chapter 4 enacted 1872. ) ## 1179a. In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which special precedence is given by law, in the matter of the setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined. (Added by Stats. 1931, Ch. 885.)
  53. 1180.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 1. Liens in General [1180- 1180.] ( Chapter 1 enacted 1872. )

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    A lien is a charge on specific property that secures performance of an act.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 1. Liens in General [1180- 1180.] ( Chapter 1 enacted 1872. ) ## 1180. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act. (Enacted 1872.)
  54. 12.

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

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    When counting time for an act required by law, count from the day after the first day and include the last day, unless the last day is a holiday.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 12. The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. (Enacted 1872.)
  55. 1203.50.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

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    This chapter is known as the Oil and Gas Lien Act, and it may be cited by that name.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.50. This chapter shall be known and may be cited as the Oil and Gas Lien Act. (Added by Stats. 1959, Ch. 2020.)
  56. 1203.51.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

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    This section supplies definitions for terms used in the oil and gas liens chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.51. Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this chapter. (a) “Person” means an individual, corporation, firm, partnership, limited liability company, or association. (b) “Owner” means a person holding any interest in the legal or equitable title or both to any leasehold for oil or gas purposes, or his or her agent and shall include purchasers under executory contract, receivers, and trustees. (c) “Contract” means a contract, written or oral, express or implied, or partly express and partly implied, or executory or executed, or partly executory and partly executed. (d) “Material” means any material, machinery, appliances, buildings, structures, casing, tanks, pipelines, tools, bits, or other equipment or supplies but does not include rigs or hoists or their integral component parts except wire lines. (e) “Labor” means work performed in return for wages. (f) “Services” means work performed exclusive of labor, including the hauling of material, whether or not involving the furnishing of material. (g) “Furnish” means sell or rent. (h) “Drilling” means drilling, digging, shooting, torpedoing, perforating, fracturing, testing, logging, acidizing, cementing, completing or repairing. (i) “Operating” means all operations conducted on the lease in connection with or necessary to the production of oil or gas, either in the development thereof or in working thereon by the subtractive process. (j) “Construction” means construction, maintenance, operation, or repair, either in the development thereof or in working thereon by the subtractive process. (k) “Original contractor” means any person for whose benefit a lien is prescribed under Section 1203.52. (Amended by Stats. 1994, Ch. 1010, Sec. 62. Effective January 1, 1995.)
  57. 1203.52.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

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    People who contract with an oil or gas leasehold owner and provide labor, materials, or services for drilling, operating, building, or repairing the well or related materials are entitled to a lien under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.52. Any person who shall, under contract with the owner of any leasehold for oil or gas purposes perform any labor or furnish any material or services used or employed, or furnished to be used or employed in the drilling or operating of any oil or gas well upon such leasehold, or in the constructing, putting together, or repairing of any material so used or employed, or furnished to be so used or employed, shall be entitled to a lien under this chapter, whether or not a producing well is obtained and whether or not such material is incorporated in or becomes a part of the completed oil or gas well, for the amount due him for any such labor performed, or materials or services furnished, within six months prior to the date of recording the statement of lien as provided in Section 1203.58, including, without limitation, shipping and mileage charges connected therewith, and interest from the date the same was due. (Added by Stats. 1959, Ch. 2020.)
  58. 1203.53.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    Liens created under Section 1203.52 extend to specified oil-and-gas leasehold property, equipment, wells, and proceeds, subject to stated exclusions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.53. Liens created under Section 1203.52 shall extend to: (a) The leasehold for oil or gas purposes to which the materials or services were furnished, or for which the labor was performed, and the appurtenances thereunto belonging, exclusive of any and all royalty interest, overriding interests and production payments created by an instrument recorded prior to the date such materials or services were first furnished or such labor was first performed for which lien is claimed; and (b) All materials and fixtures owned by the owner or owners of such leasehold and used or employed, or furnished to be used or employed in the drilling or operating of any oil or gas well located thereon; and (c) All oil or gas wells located on such leasehold, and the oil or gas produced therefrom, and the proceeds thereof, except the interest therein owned by the owners of royalty interests, overriding royalty interests and production payments created by an instrument recorded prior to the date such materials or services were first furnished or such labor was first performed for which the lien is claimed. (Added by Stats. 1959, Ch. 2020.)
  59. 1203.54.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    A qualifying subcontractor who provides labor, materials, or services under contract may claim a lien.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.54. Any person who shall, under contract, perform any labor or furnish any material or services as a subcontractor under an original contractor or for or to an original contractor or a subcontractor under an original contractor, shall be entitled to a lien upon all the property upon which the lien of an original contactor may attach to the same extent as an original contractor, and the lien provided for in this section shall further extend and attach to all materials and fixtures owned by such original contractor or subcontractor to or for whom the labor is performed or material or services furnished and used or employed, or furnished to be used or employed in the drilling or operating of such oil or gas wells. (Added by Stats. 1959, Ch. 2020.)
  60. 1203.55.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    A lien under this chapter is not impaired by forfeiture of a leasehold estate, or by failure of an equitable or contingent legal interest to become legal title, if the lien attached beforehand to covered property.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.55. When a lien provided for in this chapter shall have attached to a leasehold estate, forfeiture of such estate shall not impair any lien as to material, appurtenances and fixtures located thereon and to which such lien has attached prior to forfeiture. If a lien provided for in this chapter attaches to an equitable interest or to a legal interest contingent upon the happening of a condition subsequent, failure of such interest to ripen into legal title or such condition subsequent to be fulfilled, shall not impair any such lien as to material, appurtenances and fixtures located thereon and to which said lien had attached prior to such failure. (Added by Stats. 1959, Ch. 2020.)
  61. 1203.56.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    The lien arises when the first material, services, or labor is furnished, and it can take priority over later attachments if Section 1203.58 is complied with.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.56. The lien provided for in this chapter arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor for which a lien is claimed under the provisions of this chapter. Upon compliance with the provisions of Section 1203.58, such lien shall be preferred to all other titles, charges, liens or encumbrances which may attach to or upon any of the property upon which a lien is given by this chapter subsequent to the date the lien herein provided for arises. (Added by Stats. 1959, Ch. 2020.)
  62. 1203.57.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    Liens under this chapter on the same property have equal standing, but liens for labor are preferred over all other liens under the chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.57. All liens arising by virtue of this chapter upon the same property shall be of equal standing except that liens of persons for the performance of labor shall be preferred to all other liens arising by virtue of this chapter. (Added by Stats. 1959, Ch. 2020.)
  63. 1203.58.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    A person claiming a lien under this chapter must record a verified statement with the county recorder and do so within six months after the labor or materials/services were furnished.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.58. Every person claiming a lien under this chapter, shall record in the office of the county recorder for the county in which such leasehold, or some part thereof, is situated, a verified statement setting forth the amount claimed and the items thereof, the dates on which labor was performed or material or services furnished, the name of the owner of the leasehold, if known, the name of the claimant and his mailing address, a description of the leasehold, and if the claimant be a claimant under Section 1203.54, the name of the person for whom the labor was immediately performed or the material or services were immediately furnished. The statement of lien must be recorded within six months after the date on which the claimant’s labor was performed or his materials or services were furnished to be effective as to such labor, materials, or services. (Added by Stats. 1959, Ch. 2020.)
  64. 1203.59.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    A lien on oil or gas is not effective against a purchaser until the purchaser gets written notice, and the purchaser must then withhold payments up to the lien amount until the claim is paid.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.59. Anything in this chapter to the contrary notwithstanding, any lien claimed by virtue of this chapter, insofar as it may extend to oil or gas or the proceeds of the sale of oil or gas, shall not be effective against any purchaser of such oil or gas until written notice of such claim has been delivered to such purchaser. Such notice shall state the name of the claimant, his address, the amount for which the lien is claimed, and a description of the leasehold upon which the lien is claimed. Such notice shall be delivered personally to the purchaser or by registered letter or certified mail. Upon receipt of such notice the purchaser shall withhold payments for such oil or gas runs to the extent of the lien amount claimed until delivery of notice in writing that the claim has been paid. The funds so withheld by the purchaser shall be used in payment of the lien judgment upon foreclosure. The lien claimant shall within 10 days give notice in writing that the claim has been paid. (Added by Stats. 1959, Ch. 2020.)
  65. 1203.60.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    When a lien is claimed or recorded under this chapter, the owner/lessor or the contractor/subcontractor may record a bond with the county recorder. A lien claimant may sue on the bond, but only within the time allowed by Section 1203.61.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.60. (a) Whenever any lien or liens shall be claimed or recorded under the provisions of this chapter then the lessor or owner of the property on which the lien or liens are claimed or the contractor or subcontractor through whom such lien or liens are claimed, or either of them, may record a bond with the county recorder of the county in which the property is located as herein provided. Such bond shall describe the property on which lien or liens are claimed, shall refer to the lien or liens claimed in manner sufficient to identify them and shall be in an amount equal to 150 percent of the amount of the claimed lien or liens referred to and shall be payable to the party or parties claiming same. Such bond shall be executed by the party recording same as principal and by a corporate surety authorized to execute such bonds as surety and shall be conditioned substantially that the principal and surety will pay to the obligees named or their assigns the amounts of the liens so claimed by them with all costs in the event same shall be proven to be liens on such property. (b) Such bond, when recorded, shall take the place of the property against which any claim for lien referred to in such bond is asserted. At any time within the period of time provided in Section 1203.61, any person claiming such lien may sue upon such bond but no action shall be brought upon such bond after the expiration of such period. One action upon such bond shall not exhaust the remedies thereon but each obligee or assignee of an obligee named therein may maintain a separate suit thereon in any court having jurisdiction. (Added by Stats. 1959, Ch. 2020.)
  66. 1203.61.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    Lien enforcement actions must be filed within 180 days of recording the lien, and later credit extensions are ineffective against certain good-faith purchasers unless recorded first.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.61. (a) Any lien provided for by this chapter shall be enforced in the same manner as provided in Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code. The action shall be filed within 180 days from the time of the recording of the lien. If a credit is given and notice of the fact and terms of the credit is filed in the office of the county recorder subsequent to the filing of the lien and prior to the expiration of the 180-day period, then the lien continues in force until 180 days after the expiration of the credit, but no lien continues in force by reason of any agreement to give credit for a longer time than one year from the time the work is completed. If the proceedings to enforce the lien are not prosecuted to trial within two years after commencement, the court may in its discretion dismiss the action for want of prosecution, and in all cases the dismissal of the action (unless it is expressly stated that it is without prejudice) or a judgment in the action that no lien exists is equivalent to the cancellation and removal from the record of the lien. (b) As against any purchaser or encumbrancer for value and in good faith whose rights are acquired subsequent to the expiration of the 180-day period following the filing of the lien, no giving of credit or extension of the lien or time to enforce the lien shall be effective unless evidenced by a notice or agreement filed for record in the office of the county recorder prior to the acquisition of the rights of the purchaser or encumbrancer. (Amended by Stats. 2010, Ch. 697, Sec. 24. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  67. 1203.62.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    This chapter does not take away a person's right to sue personally for a debt owed for work, materials, or services.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.62. Nothing in this chapter shall be construed to impair or affect the right of any person to whom any debt may be due for work performed or materials or services furnished to maintain a personal action against the person liable for such debt. (Added by Stats. 1959, Ch. 2020.)
  68. 1203.63.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    Taking a note, extra security, or claiming the lien does not waive the lien or other rights unless the parties expressly agree in writing.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.63. The taking of any note or any additional security by any person given a lien by this chapter shall not constitute a waiver of the lien given by this chapter unless made a waiver by express agreement of the parties in writing. The claiming of a lien under this chapter shall not constitute a waiver of any other right or security held by the claimant unless made a waiver by express agreement of the parties in writing. (Added by Stats. 1959, Ch. 2020.)
  69. 1203.64.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    Claims for liens and related recovery actions may be assigned if Section 1203.58 is complied with.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.64. All claims for liens and likewise all actions to recover therefor under this chapter shall be assignable upon compliance with the provisions of Section 1203.58 so as to vest in the assignee all rights and remedies herein given subject to all defenses thereto that might be raised if such assignments had not been made. (Added by Stats. 1959, Ch. 2020.)
  70. 1203.65.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    Oil and gas liens covered by this chapter must be perfected and enforced under this chapter, including liens that arose before the chapter’s effective date, subject to stated transition rules.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.65. All liens granted by this chapter shall be perfected and enforced in accordance with the provisions hereof whether such liens arise before or after the effective date of this chapter; provided, however, that any unperfected lien granted under any statute in effect prior to the effective date of this chapter and which could be subsequently perfected in accordance with such prior statute were it not for the existence of this chapter may be perfected and enforced in accordance with the provisions of this chapter if the statement of lien required to be recorded under Section 1203.58 is recorded within the time therein required or within two months after the effective date of this chapter, whichever period is longer; and provided further, that the validity of any lien perfected prior to the effective date of this chapter in accordance with the requirements of any statute in effect prior to such effective date shall be determined on the basis of such prior statute but the enforcement thereof shall insofar as possible be governed by the provisions of this chapter. (Added by Stats. 1959, Ch. 2020.)
  71. 1203.66.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. )

    Verify source ↗

    This chapter must be interpreted liberally in favor of people entitled to a lien under it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 2.5. Oil and Gas Liens [1203.50 - 1203.66] ( Chapter 2.5 added by Stats. 1959, Ch. 2020. ) ## 1203.66. This chapter shall be given liberal construction in favor of all persons entitled to any lien under it. (Added by Stats. 1959, Ch. 2020.)
  72. 1204.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. )

    Verify source ↗

    This section gives certain wage, sales commission, and employee-benefit claims priority in insolvency and receivership situations, and requires the trustee, assignee, receiver, and court to handle those claims promptly.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. ) ## 1204. When any assignment, whether voluntary or involuntary, and whether formal or informal, is made for the benefit of creditors of the assignor, or results from any proceeding in insolvency or receivership commenced against him or her, or when any property is turned over to the creditors of a person, firm, association or corporation, or to a receiver or trustee for the benefit of creditors, the following claims have priority in the following order: (a) Allowed unsecured claims, but only to the extent of four thousand three hundred dollars ($4,300) for each individual or corporation, as the case may be, earned within 90 days before the date of the making of such assignment or the taking over of the property or the commencement of the court proceeding or the date of the cessation of the debtor’s business, whichever occurs first, for either of the following: (1) Wages, salaries, or commissions, including vacation, severance and sick leave pay earned by an individual. (2) Sales commissions earned by an individual, or by a corporation with only one employee, acting as an independent contractor in the sale of goods or services of the debtor in the ordinary course of the debtor’s business if, and only if, during the 12 months preceding the date of the making of the assignment or the taking over of the property or the commencement of the proceeding or the date of the cessation of the debtor’s business, whichever occurs first, at least 75 percent of the amount that the individual or corporation earned by acting as an independent contractor in the sale of goods or services was earned from the debtor. (b) Allowed unsecured claims for contributions to employee benefit plans arising from services rendered within 180 days before the date of the making of the assignment or the taking over of the property or the commencement of the court proceeding or the date of the cessation of the debtor’s business, whichever occurs first; but only for each employee benefit plan, to the extent of the number of employees covered by the plan multiplied by four thousand three hundred dollars ($4,300), less the aggregate amount paid to the employees under subdivision (a), plus the aggregate amount paid by the estate on behalf of the employees to any other employee benefit plan. (c) The above claims shall be paid by the trustee, assignee or receiver before the claim of any other creditor of the assignor, insolvent, or debtor whose property is so turned over, and shall be paid as soon as the money with which to pay same becomes available. If there is insufficient money to pay all the labor claims in full, the money available shall be distributed among the claimants in proportion to the amount of their respective claims. The trustee, receiver or assignee for the benefit of creditors shall have the right to require sworn claims to be presented and shall have the right to refuse to pay any such preferred claim, either in whole or in part, if he or she has reasonable cause to believe that a claim is not valid but shall pay any part thereof that is not disputed, without prejudice to the claimant’s rights, as to the balance of his or her claim, and withhold sufficient money to cover the disputed portion until the claimant in question has a reasonable opportunity to establish the validity of his or her claim by court action, either in his or her own name or through an assignee. (d) This section is binding upon all the courts of this state and in all receivership actions the court shall order the receiver to pay promptly out of the first receipts and earnings of the receivership, after paying the current operating expenses, such preferred labor claims. (Amended by Stats. 1999, Ch. 202, Sec. 1. Effective January 1, 2000.)
  73. 1204.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. )

    Verify source ↗

    Certain individual unsecured claims get priority in a general assignment for creditors, up to $900 per person, if they relate to pre-case deposits for undelivered property or services for personal, family, or household use.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. ) ## 1204.5. In any general assignment for the benefit of creditors, the following claims shall have priority, subordinate to the priorities for labor claims under Section 1204, but prior to all other unsecured claims: allowed unsecured claims of individuals, to the extent of nine hundred dollars ($900) for each such individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided. The priority granted by this section shall be subordinate to that granted by Sections 18933 and 26312 of the Revenue and Taxation Code. (Amended by Stats. 1980, Ch. 135, Sec. 5.)
  74. 1205.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. )

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    When a business is sold or transferred in bulk or in a substantial part, unpaid employee wages earned within the prior 90 days get priority and must be paid first from the sale proceeds.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. ) ## 1205. Upon the sale or transfer of any business or the stock in trade, in bulk, or a substantial part thereof, not in the ordinary and regular course of business or trade, unpaid wages of employees of the seller or transferor earned within ninety (90) days prior to the sale, transfer, or opening of an escrow for the sale thereof, shall constitute preferred claims and liens thereon as between creditors of the seller or transferor and must be paid first from the proceeds of the sale or transfer. (Added by Stats. 1961, Ch. 1083.)
  75. 1206.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. )

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    Workers with a preferred labor claim can file notice and, if disputed, must petition for a priority hearing within 10 days.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. ) ## 1206. (a) Upon the levy under a writ of attachment or execution not founded upon a claim for labor, any miner, mechanic, salesman, servant, clerk, laborer or other person who has performed work or rendered personal services for the defendant within 90 days prior to the levy may file a verified statement of the claim with the officer executing the writ, file a copy with the court that issued the writ, and give copies, containing his or her address, to the plaintiff and the defendant, or any attorney, clerk or agent representing them, or mail copies to them by registered mail at their last known address, return of which by the post office undelivered shall be deemed a sufficient service if no better address is available, and that claim, not exceeding nine hundred dollars ($900), unless disputed, shall be paid by the officer, immediately upon the expiration of the time for dispute of the claim as prescribed in Section 1207, from the proceeds of the levy remaining in the officer’s hands at the time of the filing of the statement or collectible by the officer on the basis of the writ. (b) The court issuing the writ shall make a notation in the register of actions of every preferred labor claim of which it receives a copy and shall endorse on any writ of execution or abstract of judgment issued subsequently in the case that it is issued subject to the rights of a preferred labor claimant or claimants and giving the names and amounts of all preferred labor claims of which it has notice. In levying under any writ of execution the officer making the levy shall include in the amount due under the execution all preferred labor claims that have been filed in the action and of which the officer has notice, except any claims that may have been finally disallowed by the court under this procedure and of which disallowance the officer has actual notice. The amount due on preferred labor claims that have not been finally disallowed by the court shall be considered a part of the sum due under any writ of attachment or execution in augmentation of that amount and any person, firm, association, or corporation on whom a writ of attachment or execution is levied shall immediately pay to the levying officer the amount of the preferred labor claims, out of any money belonging to the defendant in the action, before paying the principal sum called for in the writ. (c) If any claim is disputed within the time, and in the manner prescribed in Section 1207, and a copy of the dispute is mailed by registered mail to the claimant or the claimant’s attorney at the address given in the statement of claim and the registry receipt is attached to the original of the dispute when it is filed with the levying officer, or is handed to the claimant or the claimant’s attorney, the claimant, or the claimant’s assignee, must within 10 days after the copy is deposited in the mail or is handed to the claimant or the claimant’s attorney, petition the court having jurisdiction of the action on which the writ is based, for a hearing before it to determine the claim for priority, or the claim to priority is barred. If more than one attachment or execution is involved, the petition shall be filed in the court having jurisdiction over the senior attachment or execution. The hearing shall be held within 20 days from the filing of the petition, unless the court continues it for good cause. Ten days’ notice of the hearing shall be given by the petitioner to the plaintiff, the defendant, and all parties claiming an interest in the property, or their attorneys. The notice may be informal and need specify only the name of the court, the names of the principal parties to the senior attachment or execution, and the name of the wage claimant or claimants on whose behalf it is filed but shall specify that the hearing is for the purpose of determining the claim for priority. The plaintiff, the defendant, or any other party claiming an interest may contest the amount or validity of the claim in spite of any confession of judgment or failure to appear or to contest the claim on the part of any other person. (d) There shall be no cost for filing or hearing the petition. The hearing on the petition shall be informal but all parties testifying shall be sworn. Any claimant may appear on the claimant’s own behalf at the hearing and may call and examine witnesses to substantiate his or her claim. An appeal may be taken from a judgment in a proceeding under this section in the manner provided for appeals from judgments of the court where the proceeding occurred, in an action of the same jurisdictional classification. (e) The officer shall keep, until the determination of the claim for priority, any amount of the proceeds of the writ necessary to satisfy the claim. If the claim for priority is allowed, the officer shall pay the amount due, including the claimant’s cost of suit, from those proceeds, immediately after the order allowing the claim becomes final. (Amended by Stats. 2002, Ch. 664, Sec. 51. Effective January 1, 2003.)
  76. 1207.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. )

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    Within five days after receiving the prior statement, either side in the writ action may file a sworn denial with the officer. A sworn statement on information and belief is barred unless the swearer has actual information and must give its nature and source. If the claimant admits part of the claim but seeks a hearing and gets no more than the admitted amount, costs are denied to the claimant and deducted from the award.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. ) ## 1207. Within five days after receiving a copy of the statement provided for in the next preceding section, either the plaintiff or the defendant in the action in which the writ issued may file with the officer a sworn statement denying that any part of such claim is due for services rendered within ninety days next preceding the levy of the writ, or denying that any part of such claim, beyond a sum specified, is so due. Such sworn statement can not be made on information and belief unless the party swearing to same has actual information and belief that the wage claim, or the portion thereof that is contested, is not justly due, and in such case the nature and source of the information must be given. If a part of the claim is admitted to be due, and the claimant nevertheless files a petition for hearing and the court does not allow more than the amount so admitted, he can not recover costs but the costs must be adjudged against him, and the amount thereof deducted from the sum found due him. (Amended by Stats. 1935, Ch. 557.)
  77. 1208.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. )

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    If preferred labor claims are not paid from the levy proceeds right away, the officer must notify the claimants and give them five days to act before release; claimants or their assignees may then proceed directly against the money or property, and the officer may collect and pay the claims without further court proceedings when possible.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 3. Certain Liens and Priorities for Salaries, Wages and Consumer Debts [1204 - 1208] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 394. ) ## 1208. If the claims presented under Section 1206 and not disputed, or, if disputed, established by judgment, exceed the proceeds of the writ not disposed of before their presentation, such proceeds shall be distributed among the claimants in proportion to the amount of their respective claims after the costs incurred by the senior attaching plaintiff or judgment creditor in such action have first been taken care of. If sufficient money to pay in full all preferred labor claims filed under an attachment or execution does not become available immediately upon the expiration of the time for dispute of such claims under Section 1207, any of the claimants, or their assignees, have the right to proceed directly against the money or other property levied on in individual or joint actions by themselves or their assignees against the defendant, and the attachment or execution under which the preferred claims were filed shall be considered set aside as far as such claimants, or their assignees, are concerned so as to enable them, or any of them, or any of their assignees, to proceed directly against any or all of the money or other property in question by means of their own attachments or executions; provided, however, that any money collected on behalf of any such labor claimant, or his or her assignee, on the basis of such new attachment or execution shall be shared in by the other preferred labor claimants who have filed claims that have not been disputed, or, if disputed, established by judgment, in proportion to the amount of their respective claims, deducting only the costs in the action brought by the said labor claimant, or his or her assignee, and the costs in the original action brought by the senior attaching plaintiff or judgment creditor. If such senior attaching plaintiff or judgment creditor requests a release of his or her original attachment or execution, and the preferred labor claims filed under same are not released, the officer who levied the writ must first mail notices of such request to release to each of the labor claimants who have filed claims, or their attorneys, which notices must specify that unless the claimants bring attachment actions of their own and levy on the money or property in question within five days from the date thereof the money or property will be released from the attachment or execution; provided, however, that such officer may instead collect sufficient money on the basis of the original writ to pay off the preferred labor claims in full and then release the attachment or execution, but in no case shall the officer release the attachment or execution without first taking care of the labor claims until the five-day period has expired, unless the officer’s costs, keepers’ fees or storage charges have not been immediately taken care of by some of the parties involved. In any case it shall be lawful for a garnishee to pay over to the officer levying the writ any money held by the garnishee without waiting for execution to be levied and the officer’s receipt for the money shall be a sufficient quittance, and the officer shall collect such money and immediately pay off the established preferred labor claims in all cases where it is possible to do so without additional court proceedings on the officer’s part. (Amended by Stats. 1982, Ch. 497, Sec. 78. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  78. 1208.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 4. Certain Liens Upon Animals [1208.5- 1208.5.] ( Chapter 4 added by Stats. 1905, Ch. 472. )

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    A lienholder for an animal may satisfy the lien by going to court or by selling the property after notice, and must apply sale proceeds to the lien, costs, and any remaining balance to the owner or designated treasury.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 4. Certain Liens Upon Animals [1208.5- 1208.5.] ( Chapter 4 added by Stats. 1905, Ch. 472. ) ## 1208.5. A person having a lien upon an animal or animals under the provisions of Section 597a or 597.1 of the Penal Code may satisfy the lien in any of the following ways: (a) If the lien is not discharged and satisfied, by the person responsible, within three days after the obligation becomes due, the person holding the lien may resort to the proper court to satisfy the claim. (b) Three days after the charges against the property become due, sell the property, or an undivided fraction thereof as may become necessary, to defray the amount due and costs of sale, by giving three days’ notice of the sale by advertising in some newspaper published in the county, or city and county, in which the lien has attached to the property. (c) If there is no newspaper published in the county, by posting notices of the sale in three of the most public places in the town or county for three days previous to the sale. The notices shall contain an accurate description of the property to be sold, together with the terms of sale, which shall be for cash, payable on the consummation of the sale. The proceeds of the sale shall be applied to the discharge of the lien and the costs of sale; the remainder, if any, shall be paid over to the owner, if known, and if not known shall be paid into the treasury of the humane society of the county, or city and county, where the sale takes place. If there is no humane society in the county, then the remainder shall be paid into the county treasury. (Amended by Stats. 2019, Ch. 256, Sec. 2. (SB 781) Effective January 1, 2020.)
  79. 1208.61.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    People may have a possessory lien on aircraft-related compensation for repairs, labor, supplies, storage, repair, safekeeping, landing aids, and landing fees, subject to chapter limits.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.61. Subject to the limitations set forth in this chapter, every person has a lien dependent upon possession for the compensation to which he is legally entitled for making repairs or performing labor upon, and furnishing supplies or materials for, and for the storage, repair, or safekeeping of, any aircraft, also for reasonable charges for the use of any landing aid furnished such aircraft and reasonable landing fees. (Added by Stats. 1953, Ch. 52.)
  80. 1208.62.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    A lien for aircraft work or services over $250 is invalid unless notice is given and written consent is obtained before the work is done.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.62. That portion of such lien in excess of two hundred fifty dollars ($250) for work or services rendered or performed at the request of any person other than the holder of the legal title is invalid, unless prior to commencing such work or service the person claiming the lien gives actual notice to the legal owner and the mortgagee, if any, of the aircraft, and the written consent of the legal owner and the mortgagee of the aircraft is obtained before such work or services are performed. For the purposes of this chapter the person named in the federal aircraft registration certificate issued by the Administrator of Civil Aeronautics shall be deemed to be the legal owner. (Added by Stats. 1953, Ch. 52.)
  81. 1208.63.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    A lien for labor or materials in this chapter may be assigned in writing with delivery of possession of the aircraft, and the assignee may exercise lienholder rights. The assigning lienholder must give written notice to the legal owner at the time of assignment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.63. Any lien for labor or materials provided for in this chapter may be assigned by written instrument accompanied by delivery of possession of the aircraft subject to the lien and the assignee may exercise the rights of a lienholder pursuant to this chapter. Any lienholder assigning a lien shall at the time of the assignment give written notice, either by personal delivery or by registered mail with return receipt requested, to the legal owner of the property covered by the lien, including the name and address of the person to whom the lien is assigned. (Added by Stats. 1953, Ch. 52.)
  82. 1208.64.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    If an aircraft lien is lost because possession was lost through trick, fraud, or device, the lienholder can restore the lien by repossessing the aircraft, but the restored lien is junior to later interests taken in good faith and for value.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.64. Whenever the lien upon any aircraft is lost by reason of the loss of possession through trick, fraud, or device, the repossession of such aircraft by the lienholder revives the lien, but the lien so revived is subordinate to any right, title, or interest of any person under any sale, transfer, encumbrance, lien, or other interest acquired or secured in good faith and for value between the time of the loss of possession and the time of repossession. (Added by Stats. 1953, Ch. 52.)
  83. 1208.65.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    If the lienholder is not paid within 10 days after the amount becomes due, the lienholder may sell the property at public auction.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.65. If the lienholder is not paid the amount due within 10 days after it becomes due, the lienholder may proceed to sell the property, or so much thereof as is necessary to satisfy the lien and costs of sale, at public auction. (Added by Stats. 1953, Ch. 52.)
  84. 1208.66.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    Before selling an aircraft to enforce a lien, the lienholder must publish a sale notice and must send 20 days’ notice by registered mail to the legal owner.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.66. Prior to any such sale the lienholder shall publish a notice of the sale pursuant to Section 6062 of the Government Code in a newspaper published in the county in which the aircraft is situated, or if there is no such newspaper, by posting notice of sale in three of the most public places in the city or place where such aircraft is to be sold for 10 days previous to the date of the sale. Prior to the sale of any aircraft to satisfy any such lien, 20 days’ notice by registered mail shall be given to the legal owner as it appears in the registration certificate. (Amended by Stats. 1957, Ch. 452.)
  85. 1208.67.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

    Verify source ↗

    Sale proceeds must first pay the lien and the costs of keeping and selling the property; any remaining balance must go to the legal owner.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.67. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property. The remainder, if any, shall be paid to the legal owner. (Added by Stats. 1953, Ch. 52.)
  86. 1208.68.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    The legal owner may redeem the sold aircraft within 20 days after the sale if the required lien amount, sale costs, expenses, and interest are paid.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.68. Within 20 days after the sale, the legal owner may redeem the aircraft so sold upon the payment of the amount of the lien, all costs and expenses of sale, and interest on such sum at the rate of 12 percent a year from the date it became due or the date when the amounts were advanced until the repayment. (Added by Stats. 1953, Ch. 52.)
  87. 1208.69.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    A person commits a misdemeanor if they take possession of an aircraft, or part of one, that is subject to a lien, by secretly removing it or by trick, fraud, or device used against the lienholder.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.69. It is a misdemeanor for any person to obtain possession of all or any part of any aircraft subject to a lien under this chapter through surreptitious removal or by trick, fraud, or device perpetrated upon the lienholder. (Added by Stats. 1953, Ch. 52.)
  88. 1208.70.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. )

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    This chapter does not apply to certain aircraft operated exclusively by an air carrier or foreign air carrier that has the required federal certificate or permit in force.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 4. OF THE ENFORCEMENT OF LIENS [1180 - 1208.70] ( Title 4 enacted 1872. ) ## CHAPTER 5. Liens on Aircraft [1208.61 - 1208.70] ( Chapter 5 added by Stats. 1953, Ch. 52. ) ## 1208.70. This chapter shall not apply to aircraft operated exclusively by an air carrier or a foreign air carrier, as defined in subdivisions (2) and (19) of Section 1 of Chapter 601 of the Statutes of the Seventy-fifth United States Congress, Second Session (1938), engaged in air transportation as defined in subdivision (10) of the same section while there is in force a certificate by, or a foreign air carrier permit of, the Civil Aeronautics Board of the United States, or its successor, authorizing such air carrier to engage in such transportation. (Added by Stats. 1953, Ch. 52.)
  89. 1209.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    This section lists acts and omissions that count as contempt of court, limits contempt treatment for speech or publications about a court, and gives a three judicial-day stay for certain contempt orders affecting attorneys or public safety employees.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1209. (a) The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: (1) Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding. (2) A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding. (3) Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person, appointed or elected to perform a judicial or ministerial service. (4) Abuse of the process or proceedings of the court, or falsely pretending to act under authority of an order or process of the court. (5) Disobedience of any lawful judgment, order, or process of the court. (6) Willful disobedience by a juror of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research. (7) Rescuing any person or property in the custody of an officer by virtue of an order or process of that court. (8) Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is on the calendar for trial. (9) Any other unlawful interference with the process or proceedings of a court. (10) Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness. (11) When summoned as a juror in a court, neglecting to attend or serve as a juror, or improperly conversing with a party to an action to be tried at the court, or with any other person, in relation to the merits of the action, or receiving a communication from a party or other person in respect to the action, without immediately disclosing the communication to the court. (12) Disobedience by an inferior tribunal or judicial officer of the lawful judgment, order, or process of a superior court, or proceeding in an action or special proceeding contrary to law, after the action or special proceeding is removed from the jurisdiction of the inferior tribunal or judicial officer. (b) A speech or publication reflecting upon or concerning a court or an officer thereof shall not be treated or punished as a contempt of the court unless made in the immediate presence of the court while in session and in such a manner as to actually interfere with its proceedings. (c) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting an attorney, his or her agent, investigator, or any person acting under the attorney’s direction, in the preparation and conduct of an action or proceeding, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, the violation of which is the basis of the contempt, except for conduct proscribed by subdivision (b) of Section 6068 of the Business and Professions Code, relating to an attorney’s duty to maintain respect due to the courts and judicial officers. (d) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting a public safety employee acting within the scope of employment for reason of the employee’s failure to comply with a duly issued subpoena or subpoena duces tecum, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt. As used in this subdivision, “public safety employee” includes any peace officer, firefighter, paramedic, or any other employee of a public law enforcement agency whose duty is either to maintain official records or to analyze or present evidence for investigative or prosecutorial purposes. (Amended by Stats. 2011, Ch. 181, Sec. 3. (AB 141) Effective January 1, 2012.)
  90. 1209.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    If a court order requiring a parent to provide child support or related care is made, filed, and served—or the parent was present when it was pronounced—and the parent does not comply, that proof is prima facie evidence of contempt of court.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1209.5. When a court of competent jurisdiction makes an order compelling a parent to furnish support or necessary food, clothing, shelter, medical attendance, or other remedial care for his or her child, proof that the order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced and proof that the parent did not comply with the order is prima facie evidence of a contempt of court. (Amended by Stats. 1992, Ch. 163, Sec. 57. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  91. 1210.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    If someone removed from property reenters or helps someone else reenter without a right to do so, the court treats it as contempt. After conviction, the court must issue an alias process to restore possession, and an appeal does not stop the writ unless an undertaking is filed.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1210. Every person dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, who, not having right so to do, reenters into or upon or takes possession of the real property, or induces or procures any person not having right so to do, or aids or abets such a person therein, is guilty of a contempt of the court by which the judgment was rendered or from which the process issued. Upon a conviction for contempt the court must immediately issue an alias process, directed to the proper officer, and requiring the officer to restore possession to the party entitled under the original judgment or process, or to the party’s lessee, grantee, or successor in interest. No appeal from the order directing the issuance of an alias writ of possession stays the execution of the writ, unless an undertaking is executed on the part of the appellant to the effect that the appellant will not commit or suffer to be committed any waste on the property, and if the order is affirmed, or the appeal dismissed, the appellant will pay the value of the use and occupation of the property from the time of the unlawful reentry until the delivery of the possession of the property, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the order for the alias writ was made. (Amended by Stats. 1982, Ch. 517, Sec. 179.)
  92. 1211.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    This section says contempt seen directly by the court may be punished summarily, while other contempt requires an affidavit or similar statement of facts. In family law matters, filing the specified Judicial Council form counts as compliance.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1211. (a) When a contempt is committed in the immediate view and presence of the court, or of the judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he or she be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers. (b) In family law matters, filing of the Judicial Council form entitled “Order to Show Cause and Affidavit for Contempt (Family Law)” shall constitute compliance with this section. (Amended by Stats. 2001, Ch. 754, Sec. 1. Effective January 1, 2002.)
  93. 1211.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    This section tells courts how to handle defects or amendments in contempt affidavits or statements of facts, and limits reversals based on technical pleading errors.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1211.5. At all stages of all proceedings, the affidavit or statement of facts, as the case may be, required by Section 1211 shall be construed, amended, and reviewed according to the followings rules: (a) If no objection is made to the sufficiency of such affidavit or statement during the hearing on the charges contained therein, jurisdiction of the subject matter shall not depend on the averments of such affidavit or statement, but may be established by the facts found by the trial court to have been proved at such hearing, and the court shall cause the affidavit or statement to be amended to conform to proof. (b) The court may order or permit amendment of such affidavit or statement for any defect or insufficiency at any stage of the proceedings, and the trial of the person accused of contempt shall continue as if the affidavit or statement had been originally filed as amended, unless substantial rights of such person accused would be prejudiced thereby, in which event a reasonable postponement, not longer than the ends of justice require, may be granted. (c) No such affidavit or statement is insufficient, nor can the trial, order, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not prejudice a substantial right of the person accused on the merits. No order or judgment of conviction of contempt shall be set aside, nor new trial granted, for any error as to any matter of pleading in such affidavit or statement, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice. (Added by Stats. 1970, Ch. 1264.)
  94. 1212.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    For contempt not committed in the court’s immediate presence, the court or judge may issue a warrant of attachment, and may grant a warrant of commitment only with the stated procedural prerequisites.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1212. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause. (Amended by Stats. 1951, Ch. 1737.)
  95. 1213.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    When a warrant of attachment is issued under this title, the court or judge must endorse the warrant to allow the person charged to give an appearance undertaking in the amount stated in the endorsement.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1213. Whenever a warrant of attachment is issued pursuant to this title the court or judge must direct, by an endorsement on the warrant, that the person charged may give an undertaking for the person’s appearance in an amount to be specified in such endorsement. (Amended by Stats. 1982, Ch. 517, Sec. 179.5.)
  96. 1214.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    When a warrant of attachment is executed, the officer must take the person into custody, bring the person before the court or judge, and keep the person detained until an order is made, unless the person qualifies for discharge under the next section.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1214. Upon executing the warrant of attachment, the officer executing the warrant must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section. (Amended by Stats. 1951, Ch. 1737.)
  97. 1215.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    A person arrested must be discharged if they give the officer an undertaking before the warrant’s return day.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1215. The person arrested must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, an undertaking to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon. (Amended by Stats. 1982, Ch. 517, Sec. 180.)
  98. 1216.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    An officer must return the warrant of arrest, and any undertaking received from the arrested person, by the return day stated in the document.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1216. The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein. (Enacted 1872.)
  99. 1217.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    When the arrested person is brought before the court or appears, the court or judge must investigate the charge and hear the person’s answer.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1217. When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time if necessary. (Amended by Stats. 1951, Ch. 1737.)
  100. 1218.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    This section lets a court punish contempt with fines, jail, community service, fees, or probation, and it also restricts certain parties in contempt from enforcing family-law orders against the other party.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1218. (a) Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that the person is guilty of the contempt, a fine may be imposed on the person not exceeding one thousand dollars ($1,000), payable to the court, or the person may be imprisoned not exceeding five days, or both. In addition, a person who is subject to a court order as a party to the action, or any agent of this person, who is adjudged guilty of contempt for violating that court order may be ordered to pay to the party initiating the contempt proceeding the reasonable attorney’s fees and costs incurred by this party in connection with the contempt proceeding. (b) Any party, who is in contempt of a court order or judgment in a dissolution of marriage, dissolution of domestic partnership, or legal separation action, shall not be permitted to enforce such an order or judgment, by way of execution or otherwise, either in the same action or by way of a separate action, against the other party. This restriction shall not affect nor apply to the enforcement of child or spousal support orders. (c) (1) In any court action in which a party is found in contempt of court for failure to comply with a court order pursuant to the Family Code, the court shall, subject to the sentencing option provided in paragraph (2), order the following: (A) Upon a first finding of contempt, the court shall order the contemner to perform community service of up to 120 hours, or to be imprisoned up to 120 hours, for each count of contempt. (B) Upon the second finding of contempt, the court shall order the contemner to perform community service of up to 120 hours, in addition to ordering imprisonment of the contemner up to 120 hours, for each count of contempt. (C) Upon the third or any subsequent finding of contempt, the court shall order that the contemner serve a term of imprisonment of up to 240 hours and perform community service of up to 240 hours, for each count of contempt. The court shall also order the contemner to pay an administrative fee, not to exceed the actual cost of the contemner’s administration and supervision, while assigned to a community service program pursuant to this paragraph. (D) The court shall take parties’ employment schedules into consideration when ordering either community service or imprisonment, or both. (2) In lieu of an order of imprisonment, community service, or both, as set forth in paragraph (1), the court may grant probation or a conditional sentence for a period not to exceed one year upon a first finding of contempt, a period not to exceed two years upon a second finding of contempt, and a period not to exceed three years upon a third or any subsequent finding of contempt. (3) For purposes of this subdivision, “probation” and “conditional sentence” shall have the meanings set forth in subdivision (a) of Section 1203 of the Penal Code. (d) Pursuant to Section 1211 and this section, a district attorney or city attorney may initiate and pursue a court action for contempt against a party for failing to comply with a court order entered pursuant to the Domestic Violence Protection Act (Division 10 (commencing with Section 6200) of the Family Code). Any attorney’s fees and costs ordered by the court pursuant to subdivision (a) against a party who is adjudged guilty of contempt under this subdivision shall be paid to the Office of Emergency Services’ account established for the purpose of funding domestic violence shelter service providers pursuant to subdivision (f) of Section 13823.15 of the Penal Code. (Amended by Stats. 2020, Ch. 283, Sec. 1. (AB 2338) Effective January 1, 2021.)
  101. 1218.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    For certain support-related contempt allegations, each unpaid month may be charged as a separate contempt count, and different limitation periods apply for starting the action.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1218.5. (a) If the contempt alleged is for failure to pay child, family, or spousal support, each month for which payment has not been made in full may be alleged as a separate count of contempt and punishment imposed for each count proven. (b) If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is three years from the date that the payment was due. If the action before the court is enforcement of another order under the Family Code, the period of limitations for commencing a contempt action is two years from the time that the alleged contempt occurred. (Added by Stats. 1994, Ch. 1269, Sec. 3.5. Effective January 1, 1995.)
  102. 1219.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    This section limits when a court may imprison someone for contempt and bars confinement of certain victims and minors in specified cases.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1219. (a) Except as provided in subdivisions (b) and (c), if the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment. (b) Notwithstanding any other law, a court shall not imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt if the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime. Before finding a victim of a domestic violence crime in contempt as described in this section, the court may refer the victim for consultation with a domestic violence counselor. All communications between the victim and the domestic violence counselor that occur as a result of that referral shall remain confidential under Section 1037.2 of the Evidence Code. (c) Notwithstanding any other law, a court shall not imprison, hold in physical confinement, or otherwise confine or place in custody a minor for contempt if the contempt consists of the minor’s failure to comply with a court order pursuant to subdivision (b) of Section 601 of, or Section 727 of, the Welfare and Institutions Code, if the minor was adjudged a ward of the court on the ground that he or she is a person described in subdivision (b) of Section 601 of the Welfare and Institutions Code. Upon a finding of contempt of court, the court may issue any other lawful order, as necessary, to secure the minor’s attendance at school. (d) As used in this section, the following terms have the following meanings: (1) “Sexual assault” means any act made punishable by Section 261, 262, 264.1, 285, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code. (2) “Domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code. (3) “Domestic violence counselor” means “domestic violence counselor” as defined in subdivision (a) of Section 1037.1 of the Evidence Code. (4) “Physical confinement” has the same meaning as defined in subdivision (d) of Section 726 of the Welfare and Institutions Code. (Amended by Stats. 2018, Ch. 423, Sec. 9. (SB 1494) Effective January 1, 2019.)
  103. 1219.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    This section requires extra steps before a court sanctions a minor under 16 for refusing to take the oath or testify.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1219.5. (a) Except as provided in subdivision (d), in any case in which a contempt consists of the refusal of a minor under 16 years of age to take the oath or to testify, before imposing any sanction for the contempt, the court shall first refer the matter to the probation officer in charge of matters coming before the juvenile court for a report and recommendation as to the appropriateness of the imposition of a sanction. The probation officer shall prepare and file the report and recommendation within the time directed by the court. In making the report and recommendation, the probation officer shall consider factors such as the maturity of the minor, the reasons for the minor’s refusal to take the oath or to testify, the probability that available sanctions will affect the decision of the minor not to take the oath or not to testify, the potential impact on the minor of his or her testimony, the potential impact on the pending litigation of the minor’s unavailability as a witness, and the appropriateness of the various available sanctions in the minor’s case. The court shall consider the report and recommendation in imposing a sanction in the case. (b) A victim of a sex crime who is subject to subdivision (a) shall meet with a victim advocate, as defined in Section 679.04 of the Penal Code, unless the court, for good cause, finds that it is not in the best interest of the victim. (c) In any case in which the court orders the minor to be placed outside of his or her home, the placement shall be in the least restrictive setting available. Except as provided in subdivision (e), the court shall not order the minor to be placed in a secure facility unless other placements have been made and the minor has fled the custody and control of the person under the control of whom he or she has been placed or has persistently refused to obey the reasonable and proper orders or directions of the person under the control of whom he or she has been placed. (d) The court may impose a sanction for contempt prior to receipt of the report and recommendation required by subdivision (a) if the court enters a finding, supported by specific facts stated on the record, that the minor would be likely to flee if released before the receipt of the report and recommendation. (e) The court may order the minor placed in a secure facility without first attempting the nonsecure placement required by subdivision (c) if the court enters a finding, supported by specific facts stated on the record, that the minor would be likely to flee if released to nonsecure placement as a prerequisite to secure confinement. (Amended by Stats. 2012, Ch. 223, Sec. 1. (SB 1248) Effective January 1, 2013.)
  104. 1220.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    If a person arrested does not appear on the return day after a served warrant is returned, the court or judge may issue another arrest warrant or enforce the undertaking.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1220. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be enforced, or both. If the undertaking is enforced, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued. (Amended by Stats. 1982, Ch. 517, Sec. 181.)
  105. 1221.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    An officer who must keep a person arrested on a warrant of attachment in custody and bring them before a court or judge may excuse non-appearance if the person cannot attend because of illness or another reason. The officer must not keep the person in prison or otherwise restrict liberty more than needed to secure attendance.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1221. Whenever, by the provisions of this title, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance. (Amended by Stats. 1951, Ch. 1737.)
  106. 1222.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. )

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    In contempt cases, the court’s or judge’s judgment and orders are final and conclusive.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 5. OF CONTEMPTS [1209 - 1222] ( Title 5 enacted 1872. ) ## 1222. The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive. (Amended by Stats. 1951, Ch. 1737.)
  107. 1230.010.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. )

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    This title may be cited as the Eminent Domain Law.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. ) ## 1230.010. This title shall be known and may be cited as the Eminent Domain Law. (Added by Stats. 1975, Ch. 1275.)
  108. 1230.020.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    The power of eminent domain may be exercised only as this title allows, unless another statute specifically provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. ) ## 1230.020. Except as otherwise specifically provided by statute, the power of eminent domain may be exercised only as provided in this title. (Added by Stats. 1975, Ch. 1275.)
  109. 1230.030.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section says eminent domain is not required to be used to acquire property needed for public use, and the authorized acquirer decides how to acquire it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. ) ## 1230.030. Nothing in this title requires that the power of eminent domain be exercised to acquire property necessary for public use. Whether property necessary for public use is to be acquired by purchase or other means or by eminent domain is a decision left to the discretion of the person authorized to acquire the property. (Added by Stats. 1975, Ch. 1275.)
  110. 1230.040.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    In eminent domain proceedings, the general civil-action practice rules apply unless this title says otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. ) ## 1230.040. Except as otherwise provided in this title, the rules of practice that govern civil actions generally are the rules of practice for eminent domain proceedings. (Added by Stats. 1975, Ch. 1275.)
  111. 1230.050.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    The court hearing an eminent domain case may decide who has the right to possess the property and may enforce its possession orders. The plaintiff has a right to enforcement of a possession order.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. ) ## 1230.050. The court in which a proceeding in eminent domain is brought has the power to: (a) Determine the right to possession of the property, as between the plaintiff and the defendant, in accordance with this title. (b) Enforce any of its orders for possession by appropriate process. The plaintiff is entitled to enforcement of an order for possession as a matter of right. (Added by Stats. 1975, Ch. 1275.)
  112. 1230.060.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section says the title does not affect other statutes that give the Public Utilities Commission jurisdiction over eminent domain issues.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. ) ## 1230.060. Nothing in this title affects any other statute granting jurisdiction over any issue in eminent domain proceedings to the Public Utilities Commission. (Added by Stats. 1975, Ch. 1275.)
  113. 1230.065.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section sets when the title starts applying to eminent domain cases and carves out older proceedings.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. ) ## 1230.065. (a) This title becomes operative July 1, 1976. (b) This title does not apply to an eminent domain proceeding commenced prior to January 1, 1976. Subject to subdivisions (c) and (d), in the case of an eminent domain proceeding which is commenced on or after January 1, 1976, but prior to the operative date, this title upon the operative date applies to the proceeding to the fullest extent practicable with respect to issues to be tried or retried. (c) Chapter 3 (commencing with Section 1240.010), Chapter 4 (commencing with Section 1245.010), and Chapter 5 (commencing with Section 1250.010) do not apply to a proceeding commenced prior to the operative date. (d) If, on the operative date, an appeal, motion to modify or vacate the verdict or judgment, or motion for new trial is pending, the law applicable thereto prior to the operative date governs the determination of the appeal or motion. (Added by Stats. 1975, Ch. 1275.)
  114. 1230.070.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A judgment entered before this title became operative in an eminent domain enforcement proceeding is not affected by this title’s enactment or the repeal of former Title 7.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 1. General Provisions [1230.010 - 1230.070] ( Chapter 1 added by Stats. 1975, Ch. 1275. ) ## 1230.070. No judgment rendered prior to the operative date of this title in a proceeding to enforce the right of eminent domain is affected by the enactment of this title and the repeal of former Title 7 of this part. (Added by Stats. 1975, Ch. 1275.)
  115. 1235.010.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    These preliminary provisions and rules of construction govern this title unless the provision or context requires otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1235.010. Unless the provision or context otherwise requires, these preliminary provisions and rules of construction shall govern the construction of this title. (Added by Stats. 1975, Ch. 1275.)
  116. 1235.020.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    Chapter, article, and section headings do not affect the scope, meaning, or intent of the title’s provisions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1235.020. Chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this title. (Added by Stats. 1975, Ch. 1275.)
  117. 1235.030.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    References to this title or any other statute include later and earlier amendments and additions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1235.030. Whenever any reference is made to any portion of this title or to any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made. (Added by Stats. 1975, Ch. 1275.)
  118. 1235.040.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section defines the words “Chapter,” “Article,” “Section,” “Subdivision,” and “Paragraph” for this title and code.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1235.040. Unless otherwise expressly stated: (a) “Chapter” means a chapter of this title. (b) “Article” means an article of the chapter in which that term occurs. (c) “Section” means a section of this code. (d) “Subdivision” means a subdivision of the section in which that term occurs. (e) “Paragraph” means a paragraph of the subdivision in which that term occurs. (Added by Stats. 1975, Ch. 1275.)
  119. 1235.050.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    In this section, the present tense covers past and future tenses, and the future tense covers the present.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1235.050. The present tense includes the past and future tenses; and the future, the present. (Added by Stats. 1975, Ch. 1275.)
  120. 1235.060.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section says “shall” means mandatory and “may” means permissive.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1235.060. “Shall” is mandatory and “may” is permissive. (Added by Stats. 1975, Ch. 1275.)
  121. 1235.070.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    If part of this title is held invalid, the rest can still operate if it can be given effect without the invalid part.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Construction [1235.010 - 1235.070] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1235.070. 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 the title that can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. (Added by Stats. 1975, Ch. 1275.)
  122. 1235.110.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    These definitions apply to this title unless the provision or context says otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.110. Unless the provision or context otherwise requires, these definitions govern the construction of this title. (Added by Stats. 1975, Ch. 1275.)
  123. 1235.120.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    “Final judgment” means a judgment after direct attacks by appeal, a new-trial motion, or a Section 663 motion to vacate have been exhausted.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.120. “Final judgment” means a judgment with respect to which all possibility of direct attack by way of appeal, motion for a new trial, or motion under Section 663 to vacate the judgment has been exhausted. (Added by Stats. 1975, Ch. 1275.)
  124. 1235.125.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    For property-related use, “interest” includes any right, title, or estate in the property.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.125. When used with reference to property, “interest” includes any right, title, or estate in property. (Added by Stats. 1975, Ch. 1275.)
  125. 1235.130.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section defines “judgment” for eminent domain as the judgment that decides whether property may be taken and how much compensation the plaintiff must pay.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.130. “Judgment” means the judgment determining the right to take the property by eminent domain and fixing the amount of compensation to be paid by the plaintiff. (Added by Stats. 1975, Ch. 1275.)
  126. 1235.140.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section defines “litigation expenses” to include certain reasonably and necessarily incurred trial-related costs and specified expert and attorney fees.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.140. “Litigation expenses” includes both of the following: (a) All expenses reasonably and necessarily incurred in the proceeding in preparing for trial, during trial, and in any subsequent judicial proceedings. (b) Reasonable attorney’s fees, appraisal fees, and fees for the services of other experts where such fees were reasonably and necessarily incurred to protect the defendant’s interests in the proceeding in preparing for trial, during trial, and in any subsequent judicial proceedings whether such fees were incurred for services rendered before or after the filing of the complaint. (Added by Stats. 1975, Ch. 1275.)
  127. 1235.150.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    “Local public entity” means any public entity other than the state.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.150. “Local public entity” means any public entity other than the state. (Added by Stats. 1975, Ch. 1275.)
  128. 1235.155.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section defines “nonprofit, special use property” as property used for a special nonprofit, tax-exempt purpose, and excludes property owned by a public entity.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.155. “Nonprofit, special use property” means property which is operated for a special nonprofit, tax-exempt use such as a school, church, cemetery, hospital, or similar property. “Nonprofit, special use property” does not include property owned by a public entity. (Added by Stats. 1992, Ch. 7, Sec. 1. Effective January 1, 1993.)
  129. 1235.160.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    “Person” includes public entities, individuals, associations, organizations, partnerships, trusts, limited liability companies, and corporations.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.160. “Person” includes any public entity, individual, association, organization, partnership, trust, limited liability company, or corporation. (Amended by Stats. 1994, Ch. 1010, Sec. 63. Effective January 1, 1995.)
  130. 1235.165.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    “Proceeding” means an eminent domain proceeding under this title.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.165. “Proceeding” means an eminent domain proceeding under this title. (Added by Stats. 1975, Ch. 1275.)
  131. 1235.170.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    “Property” means real and personal property, including any interest in it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.170. “Property” includes real and personal property and any interest therein. (Added by Stats. 1975, Ch. 1275.)
  132. 1235.180.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section defines “property appropriated to public use” as property already used for a public purpose, or set aside for that purpose with the intention of using it within a reasonable time.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.180. “Property appropriated to public use” means property either already in use for a public purpose or set aside for a specific public purpose with the intention of using it for such purpose within a reasonable time. (Added by Stats. 1975, Ch. 1275.)
  133. 1235.190.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    “Public entity” is defined to include the state and specified local public bodies.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.190. “Public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision in the state. (Added by Stats. 1975, Ch. 1275.)
  134. 1235.193.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section defines “electric, gas, or water public utility property” as property appropriated to a public use by a public utility.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.193. “Electric, gas, or water public utility property” means property appropriated to a public use by a public utility, as defined in Section 218, 222, or 241 of the Public Utilities Code. (Added by Stats. 1992, Ch. 812, Sec. 1. Effective January 1, 1993.)
  135. 1235.195.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    For this provision, “resolution” includes an ordinance.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.195. “Resolution” includes ordinance. (Added by Stats. 1975, Ch. 1275.)
  136. 1235.200.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    “State” means the State of California, and the term also includes the Regents of the University of California.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.200. “State” means the State of California and includes the Regents of the University of California. (Added by Stats. 1975, Ch. 1275.)
  137. 1235.210.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    “Statute” means a constitutional provision or a statute, but not a charter provision or ordinance.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 2. Principles of Construction; Definitions [1235.010 - 1235.210] ( Chapter 2 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Words and Phrases Defined [1235.110 - 1235.210] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1235.210. “Statute” means a constitutional provision or statute, but does not include a charter provision or ordinance. (Added by Stats. 1975, Ch. 1275.)
  138. 124.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 1. Open Court Access [124- 124.] ( Article 1 repealed and added by Stats. 2021, Ch. 526, Sec. 2. )

    Verify source ↗

    Courts must keep proceedings public, and when a courthouse is closed they must still provide at least audio or telephone access, unless a listed exception applies.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 1. Open Court Access [124- 124.] ( Article 1 repealed and added by Stats. 2021, Ch. 526, Sec. 2. ) ## 124. (a) Except as provided in Section 214 of the Family Code or any other law, the sittings of every court shall be public. (b) (1) The court shall not exclude the public from physical access because remote access is available, unless it is necessary to restrict or limit physical access to protect the health or safety of the public or court personnel. (2) When a courthouse is physically closed, to the extent permitted by law, the court shall provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings. This paragraph does not apply to proceedings pursuant to Section 214 of the Family Code or other law that authorizes or requires a proceeding to be closed. (3) For purposes of this subdivision, “remote access” shall include, but is not limited to, an audio stream that is available on an internet website or telephonic means to listen to a court proceeding. (Amended by Stats. 2021, Ch. 526, Sec. 3. (AB 716) Effective January 1, 2022.)
  139. 1240.010.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    Eminent domain may be used to acquire property only for a public use.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1240.010. The power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use. (Added by Stats. 1975, Ch. 1275.)
  140. 1240.020.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    The power of eminent domain may be used to acquire property for a particular use only by a person authorized by statute to do so.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1240.020. The power of eminent domain may be exercised to acquire property for a particular use only by a person authorized by statute to exercise the power of eminent domain to acquire such property for that use. (Added by Stats. 1975, Ch. 1275.)
  141. 1240.030.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    Eminent domain may be used to acquire property for a proposed project only when three listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1240.030. The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (Added by Stats. 1975, Ch. 1275.)
  142. 1240.040.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity may exercise eminent domain only after adopting a resolution of necessity that satisfies Article 2 requirements.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1240.040. A public entity may exercise the power of eminent domain only if it has adopted a resolution of necessity that meets the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. (Added by Stats. 1975, Ch. 1275.)
  143. 1240.050.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A local public entity may use eminent domain only for property within its territorial limits, unless a statute expressly allows taking property outside those limits or that power is necessarily implied.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1240.050. A local public entity may acquire by eminent domain only property within its territorial limits except where the power to acquire by eminent domain property outside its limits is expressly granted by statute or necessarily implied as an incident of one of its other statutory powers. (Added by Stats. 1975, Ch 1275.)
  144. 1240.055.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section sets special rules for eminent-domain acquisition of property subject to a conservation easement.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Limitations on Exercise of Power of Eminent Domain [1240.010 - 1240.055] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1240.055. (a) As used in this section, the following terms have the following meanings: (1) “Conservation easement” means a conservation easement as defined in Section 815.1 of the Civil Code and recorded as required by Section 815.5 of the Civil Code. (2) “Holder of a conservation easement” means the entity or organization that holds the conservation easement on the property that is proposed for acquisition and that is authorized to acquire and hold conservation easements pursuant to Section 815.3 of the Civil Code. (3) “Property appropriated to public use,” as used in Article 6 (commencing with Section 1240.510) and Article 7 (commencing with Section 1240.610), includes a conservation easement if any of the following applies:(A) The conservation easement is held by a public entity. (B) A public entity provided funds, not including the value of a charitable contribution for federal or state income tax purposes but including the California Natural Heritage Preservation Tax Credit, for the acquisition of that easement. (C) A public entity imposed conditions on approval or permitting of a project that were satisfied, in whole or in part, by the conservation easement. (b) A person authorized to acquire property for public use by eminent domain shall exercise the power of eminent domain to acquire property that is subject to a conservation easement only as provided in this section. (c) Not later than 105 days prior to the hearing held pursuant to Section 1245.235, or at the time of the offer made to the owner or owners of record pursuant to Section 7267.2 of the Government Code, whichever occurs earlier, the person seeking to acquire property subject to a conservation easement shall give notice to the holder of the conservation easement as provided in this subdivision. If the person is not required to hold a hearing pursuant to Section 1245.235, then the notice shall be given 105 days prior to the time of the offer made to the owner or owners of record pursuant to Section 7267.2 of the Government Code. (1) The notice required by subdivision (c) shall be sent by first-class mail and shall state all of the following: (A) A general description, in text or by diagram, of the property subject to a conservation easement that the person proposes to acquire by eminent domain. (B) A description of the public use or improvement that the person is considering for the property subject to a conservation easement. (C) That written comments on the acquisition may be submitted in accordance with paragraph (3) no later than 45 days from the date the person seeking to acquire the property mailed the notice to the holder of the conservation easement. (D) That the holder of the conservation easement, within 15 days of receipt of the notice required by subdivision (c), is required, under certain circumstances, to do all of the following: (i) Send a copy of the notice by first-class mail to each public entity that provided funds for the purchase of the easement or that imposed conditions on approval or permitting of a project that were satisfied, in whole or in part, by the creation of the conservation easement. (ii) Inform the public entity that written comments on the acquisition may be submitted in accordance with paragraph (3). (iii) Notify the person seeking to acquire the property of the name and address of any public entity that was sent a copy of the notice pursuant to this paragraph. (2) (A) The holder of the conservation easement, within 15 days of receipt of the notice required by subdivision (c), shall do all of the following: (i) Send a copy of the notice by first-class mail to each public entity that provided funds for the purchase of the easement or that imposed conditions on approval or permitting of a project that were satisfied, in whole or in part, by the creation of the conservation easement. (ii) Inform the public entity that written comments on the acquisition may be submitted in accordance with paragraph (3). (iii) Notify the person seeking to acquire the property of the name and address of any public entity that was sent a copy of the notice pursuant to this paragraph. (B) Subparagraph (A) shall apply only if one of the following applies: (i) The holder of the easement is the original grantee of the conservation easement and there is a public entity as described in subparagraph (A). (ii) The holder of the easement has actual knowledge of a public entity as described in subparagraph (A). (iii) Recorded documents evidence the identity of a public entity as described in subparagraph (A). (3) The holder of the conservation easement or the public entity receiving notice, or both, may provide to the person seeking to acquire the property written comments on the acquisition, including identifying any potential conflict between the public use proposed for the property and the purposes and terms of the conservation easement. Written comments on the acquisition may be submitted no later than 45 days from the date the person seeking to acquire the property mailed the notice to the holder of the conservation easement. (d) The person seeking to acquire the property subject to a conservation easement, within 30 days after receipt of written comments from the holder of the conservation easement or from a public entity described in paragraph (2) of subdivision (c), shall respond in writing to the comments. The response to the comments shall be mailed by first-class mail to each easement holder or public entity that filed comments. (e) The notice of the hearing on the resolution of necessity, pursuant to Section 1245.235, shall be sent by first-class mail to the holder of any conservation easement and to any public entity whose name and address are provided as described in paragraph (2) of subdivision (c) and shall state that they have the right to appear and be heard on the matters referred to in Sections 1240.030, 1240.510, and 1240.610. The notice shall state that, pursuant to paragraph (3) of subdivision (b) of Section 1245.235, failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard. The resolution of necessity to acquire property subject to a conservation easement shall refer specifically either to Section 1240.510 or 1240.610 as authority for the acquisition of the property. (f) In any eminent domain proceeding to acquire property subject to a conservation easement, the holder of the conservation easement: (1) Shall be named as a defendant, as set forth in Section 1250.220. (2) May appear in the proceedings, as set forth in Section 1250.230. (3) Shall have all the same rights and obligations as any other defendant in the eminent domain proceeding. (g) (1) The holder of the conservation easement is an owner of property entitled to compensation determined pursuant to Section 1260.220 and Chapter 9 (commencing with Section 1263.010) and in accordance with all of the following: (A) The total compensation for the acquisition of all interests in property encumbered by a conservation easement shall not be less than, and shall not exceed, the fair market value of the fee simple interest of the property as if it were not encumbered by the conservation easement. (B) If the acquisition does not damage the conservation easement, the total compensation shall be assessed by determining the value of all interests in the property as encumbered by the conservation easement. (C) If the acquisition damages the conservation easement in whole or in part, compensation shall be determined consistent with Section 1260.220 and the value of the fee simple interest of the property shall be assessed as if it were not encumbered by the conservation easement. (2) This subdivision shall not apply if the requirements of Section 10261 of the Public Resources Code apply. (h) This section shall not apply if the requirements of Section 1348.3 of the Fish and Game Code apply. (Added by Stats. 2011, Ch. 589, Sec. 2. (SB 328) Effective January 1, 2012.)
  145. 1240.110.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    A person already authorized to take property by eminent domain may use that power to acquire property interests necessary for the permitted use, unless a statute limits that authority.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1240.110. (a) Except to the extent limited by statute, any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire any interest in property necessary for that use including, but not limited to, submerged lands, rights of any nature in water, subsurface rights, airspace rights, flowage or flooding easements, aircraft noise or operation easements, right of temporary occupancy, public utility facilities and franchises, and franchises to collect tolls on a bridge or highway. (b) Where a statute authorizes the acquisition by eminent domain only of specified interests in or types of property, this section does not expand the scope of the authority so granted. (Added by Stats. 1975, Ch. 1275.)
  146. 1240.120.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    A person authorized to use eminent domain may take property needed for the project’s main purpose, and may also acquire property for later sale, lease, exchange, or other disposal if the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1240.120. (a) Subject to any other statute relating to the acquisition of property, any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property necessary to carry out and make effective the principal purpose involved including but not limited to property to be used for the protection or preservation of the attractiveness, safety, and usefulness of the project. (b) Subject to any applicable procedures governing the disposition of property, a person may acquire property under subdivision (a) with the intent to sell, lease, exchange, or otherwise dispose of the property, or an interest therein, subject to such reservations or restrictions as are necessary to protect or preserve the attractiveness, safety, and usefulness of the project. (Added by Stats. 1975, Ch. 1275.)
  147. 1240.125.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    A local public entity may acquire property by eminent domain outside its territorial limits for certain utility and public facility purposes, if it is otherwise authorized and no statute limits it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1240.125. Except as otherwise expressly provided by statute and subject to any limitations imposed by statute, a local public entity may acquire property by eminent domain outside its territorial limits for water, gas, or electric supply purposes or for airports, drainage or sewer purposes if it is authorized to acquire property by eminent domain for the purposes for which the property is to be acquired. (Added by Stats. 1975, Ch. 1275.)
  148. 1240.130.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity authorized to take property by eminent domain may also acquire that property by other means.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1240.130. Subject to any other statute relating to the acquisition of property, any public entity authorized to acquire property for a particular use by eminent domain may also acquire such property for such use by grant, purchase, lease, gift, devise, contract, or other means. (Added by Stats. 1975, Ch. 1275.)
  149. 1240.140.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    Public agencies may agree to jointly exercise their eminent domain powers to acquire property as one parcel.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1240.140. (a) As used in this section, “public agencies” includes all those agencies included within the definition of “public agency” in Section 6500 of the Government Code. (b) Two or more public agencies may enter into an agreement for the joint exercise of their respective powers of eminent domain, whether or not possessed in common, for the acquisition of property as a single parcel. Such agreement shall be entered into and performed pursuant to the provisions of Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (Added by Stats. 1975, Ch. 1275.)
  150. 1240.150.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    A public entity may take the remainder of a larger parcel, if partial acquisition for public use would leave the rest with little value or expose it to severance damage claims, and the owner expressly consents.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1240.150. Whenever a part of a larger parcel of property is to be acquired by a public entity for public use and the remainder, or a portion of the remainder, will be left in such size, shape, or condition as to be of little value to its owner or to give rise to a claim for severance or other damages, the public entity may acquire the remainder, or portion of the remainder, by any means (including eminent domain) expressly consented to by the owner. (Added by Stats. 1975, Ch. 1275.)
  151. 1240.160.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    This section says the listed eminent-domain articles are separate authorizations and do not limit each other.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Rights Included in Grant of Eminent Domain Authority [1240.110 - 1240.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1240.160. (a) None of the provisions of this article is intended to limit, or shall limit, any other provision of this article, each of which is a distinct and separate authorization. (b) None of the provisions of Article 2 (commencing with Section 1240.110), Article 3 (commencing with Section 1240.210), Article 4 (commencing with Section 1240.310), Article 5 (commencing with Section 1240.410), Article 6 (commencing with Section 1240.510), or Article 7 (commencing with Section 1240.610) is intended to limit, or shall limit, the provisions of any other of the articles, each of which articles is a distinct and separate authorization. (Added by Stats. 1975, Ch. 1275.)
  152. 1240.210.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    This section defines when property is considered to be in “use” for this article.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1240.210. For the purposes of this article, the “date of use” of property taken for public use is the date when the property is devoted to that use or when construction is started on the project for which the property is taken with the intent to complete the project within a reasonable time. In determining the “date of use,” periods of delay caused by extraordinary litigation or by failure to obtain from any public entity any agreement or permit necessary for construction shall not be included. (Added by Stats. 1975, Ch. 1275.)
  153. 1240.220.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    A person authorized to use eminent domain may take property for future use only if the use is reasonably expected within seven years of filing the complaint, or within a longer reasonable period.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1240.220. (a) Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire property to be used in the future for that use, but property may be taken for future use only if there is a reasonable probability that its date of use will be within seven years from the date the complaint is filed or within such longer period as is reasonable. (b) Unless the plaintiff plans that the date of use of property taken will be within seven years from the date the complaint is filed, the complaint, and the resolution of necessity if one is required, shall refer specifically to this section and shall state the estimated date of use. (Added by Stats. 1975, Ch. 1275.)
  154. 1240.230.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section assigns the burden of proof in objections to a taking for future use.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1240.230. (a) If the defendant objects to a taking for future use, the burden of proof is as prescribed in this section. (b) Unless the complaint states an estimated date of use that is not within seven years from the date the complaint is filed, the defendant has the burden of proof that there is no reasonable probability that the date of use will be within seven years from the date the complaint is filed. (c) If the defendant proves that there is no reasonable probability that the date of use will be within seven years from the date the complaint is filed, or if the complaint states an estimated date of use that is not within seven years from the date the complaint is filed, the plaintiff has the burden of proof that a taking for future use satisfies the requirements of this article. (Added by Stats. 1975, Ch. 1275.)
  155. 1240.240.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity authorized to use eminent domain may acquire property for future use if the owner expressly consents, including by eminent domain.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1240.240. Notwithstanding any other provision of this article, any public entity authorized to acquire property for a particular use by eminent domain may acquire property to be used in the future for that use by any means (including eminent domain) expressly consented to by its owner. (Added by Stats. 1975, Ch. 1275.)
  156. 1240.250.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    For highway-act takings, a date of use within 10 years after the complaint is filed is treated as reasonable, and the paperwork must say the taking is under the Federal Aid Highway Act of 1973 and list the estimated date of use.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Future Use [1240.210 - 1240.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1240.250. Notwithstanding any other provision of this article, where property is taken pursuant to the Federal Aid Highway Act of 1973: (a) A date of use within 10 years from the date the complaint is filed shall be deemed reasonable. (b) The resolution of necessity and the complaint shall indicate that the taking is pursuant to the Federal Aid Highway Act of 1973 and shall state the estimated date of use. (c) If the defendant objects to the taking, the defendant has the burden of proof that there is no reasonable probability that the date of use will be within 10 years from the date the complaint is filed. If the defendant proves that there is no reasonable probability that the date of use will be within 10 years from the date the complaint is filed, the plaintiff has the burden of proof that the taking satisfies the requirements of this article. (Added by Stats. 1975, Ch. 1275.)
  157. 1240.310.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Substitute Condemnation [1240.310 - 1240.350] ( Article 4 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section defines “necessary property” and “substitute property” for this article.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Substitute Condemnation [1240.310 - 1240.350] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1240.310. As used in this article: (a) “Necessary property” means property to be used for a public use for which the public entity is authorized to acquire property by eminent domain. (b) “Substitute property” means property to be exchanged for necessary property. (Added by Stats. 1975, Ch. 1275.)
  158. 1240.320.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Substitute Condemnation [1240.310 - 1240.350] ( Article 4 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity may use eminent domain to acquire substitute property for a particular use if the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Substitute Condemnation [1240.310 - 1240.350] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1240.320. (a) Any public entity authorized to exercise the power of eminent domain to acquire property for a particular use may exercise the power of eminent domain to acquire for that use substitute property if all of the following are established: (1) The owner of the necessary property has agreed in writing to the exchange. (2) The necessary property is devoted to or held for some public use and the substitute property will be devoted to or held for the same public use by the owner of the necessary property. (3) The owner of the necessary property is authorized to exercise the power of eminent domain to acquire the substitute property for such use. (b) Where property is sought to be acquired pursuant to this section, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to this section and shall include a statement that the property is necessary for the purpose specified in this section. The determination in the resolution that the taking of the substitute property is necessary has the effect prescribed in Section 1245.250. (Added by Stats. 1975, Ch. 1275.)
  159. 1240.330.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Substitute Condemnation [1240.310 - 1240.350] ( Article 4 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A qualifying public entity may take substitute property and move the public use there if the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Substitute Condemnation [1240.310 - 1240.350] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1240.330. (a) Where necessary property is devoted to public use, any public entity authorized to exercise the power of eminent domain to acquire such property for a particular use may exercise the power of eminent domain to acquire substitute property in its own name, relocate on such substitute property the public use to which necessary property is devoted, and thereafter convey the substitute property to the owner of the necessary property if all of the following are established: (1) The public entity is required by court order or judgment in an eminent domain proceeding, or by agreement with the owner of the necessary property, to relocate the public use to which the necessary property is devoted and thereafter to convey the property upon which the public use has been relocated to the owner of the necessary property. (2) The substitute property is necessary for compliance with the court order or judgment or agreement. (3) The owner of the necessary property will devote the substitute property to the public use being displaced from the necessary property. (b) Where property is sought to be acquired pursuant to this section, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to this section and shall include a statement that the property is necessary for the purpose specified in this section. The determination in the resolution that the taking of the substitute property is necessary has the effect prescribed in Section 1245.250. (Added by Stats. 1975, Ch. 1275.)
  160. 1240.350.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Substitute Condemnation [1240.310 - 1240.350] ( Article 4 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity may use eminent domain to acquire extra property needed to restore utility service or road access to land cut off by the original taking.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Substitute Condemnation [1240.310 - 1240.350] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1240.350. (a) Whenever a public entity acquires property for a public use and exercises or could have exercised the power of eminent domain to acquire such property for such use, the public entity may exercise the power of eminent domain to acquire such additional property as appears reasonably necessary and appropriate (after taking into account any hardship to the owner of the additional property) to provide utility service to, or access to a public road from, any property that is not acquired for such public use but which is cut off from utility service or access to a public road as a result of the acquisition by the public entity. (b) Where property is sought to be acquired pursuant to this section, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to this section and shall include a statement that the property is necessary for the purpose specified in this section. The determination in the resolution that the taking of the substitute property is necessary has the effect prescribed in Section 1245.250. (Added by Stats. 1975, Ch. 1275.)
  161. 1240.410.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Excess Condemnation [1240.410 - 1240.430] ( Article 5 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity may acquire a remnant by eminent domain when taking part of a larger parcel leaves a remnant, but not if the defendant proves there is a reasonable, practicable, and economically sound way to prevent that result.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Excess Condemnation [1240.410 - 1240.430] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1240.410. (a) As used in this section, “remnant” means a remainder or portion thereof that will be left in such size, shape, or condition as to be of little market value. (b) Whenever the acquisition by a public entity by eminent domain of part of a larger parcel of property will leave a remnant, the public entity may exercise the power of eminent domain to acquire the remnant in accordance with this article. (c) Property may not be acquired under this section if the defendant proves that the public entity has a reasonable, practicable, and economically sound means to prevent the property from becoming a remnant. (Added by Stats. 1975, Ch. 1275.)
  162. 1240.420.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Excess Condemnation [1240.410 - 1240.430] ( Article 5 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    If property is being acquired under Section 1240.410, the resolution of necessity and related complaint must specifically refer to that section.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Excess Condemnation [1240.410 - 1240.430] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1240.420. When property is sought to be acquired pursuant to Section 1240.410, the resolution of necessity and the complaint filed pursuant to such resolution shall specifically refer to that section. It shall be presumed from the adoption of the resolution that the taking of the property is authorized under Section 1240.410. This presumption is a presumption affecting the burden of producing evidence. (Added by Stats. 1975, Ch. 1275.)
  163. 1240.430.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Excess Condemnation [1240.410 - 1240.430] ( Article 5 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity may sell, lease, exchange, or otherwise dispose of property taken under this article, and may apply the proceeds to funds used to acquire property for the public work or improvement.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Excess Condemnation [1240.410 - 1240.430] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1240.430. A public entity may sell, lease, exchange, or otherwise dispose of property taken under this article and may credit the proceeds to the fund or funds available for acquisition of the property being acquired for the public work or improvement. Nothing in this section relieves a public entity from complying with any applicable statutory procedures governing the disposition of property. (Added by Stats. 1975, Ch. 1275.)
  164. 1240.510.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Condemnation for Compatible Use [1240.510 - 1240.530] ( Article 6 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A person authorized to take property by eminent domain may do so for a particular use if the proposed use will not unreasonably interfere with the current or expected public use of the property.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Condemnation for Compatible Use [1240.510 - 1240.530] ( Article 6 added by Stats. 1975, Ch. 1275. ) ## 1240.510. Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the proposed use will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future. Where property is sought to be acquired pursuant to this section, the complaint, and the resolution of necessity if one is required, shall refer specifically to this section. (Added by Stats. 1975, Ch. 1275.)
  165. 1240.520.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Condemnation for Compatible Use [1240.510 - 1240.530] ( Article 6 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    If the defendant objects to a taking under Section 1240.510, the defendant must prove the property is appropriated to public use. If that is established, the plaintiff must prove its proposed use meets Section 1240.510.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Condemnation for Compatible Use [1240.510 - 1240.530] ( Article 6 added by Stats. 1975, Ch. 1275. ) ## 1240.520. If the defendant objects to a taking under Section 1240.510, the defendant has the burden of proof that his property is appropriated to public use. If it is established that the property is appropriated to public use, the plaintiff has the burden of proof that its proposed use satisfies the requirements of Section 1240.510. (Added by Stats. 1975, Ch. 1275.)
  166. 1240.530.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Condemnation for Compatible Use [1240.510 - 1240.530] ( Article 6 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    When property is taken under Section 1240.510, the parties must agree on the terms and how the property will be used; if they cannot agree, the court sets those terms.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Condemnation for Compatible Use [1240.510 - 1240.530] ( Article 6 added by Stats. 1975, Ch. 1275. ) ## 1240.530. (a) Where property is taken under Section 1240.510, the parties shall make an agreement determining the terms and conditions upon which the property is taken and the manner and extent of its use by each of the parties. Except as otherwise provided by statute, if the parties are unable to agree, the court shall fix the terms and conditions upon which the property is taken and the manner and extent of its use by each of the parties. (b) If the court determines that the use in the manner proposed by the plaintiff would not satisfy the requirements of Section 1240.510, the court shall further determine whether the requirements of Section 1240.510 could be satisfied by fixing terms and conditions upon which the property may be taken. If the court determines that the requirements of Section 1240.510 could be so satisfied, the court shall permit the plaintiff to take the property upon such terms and conditions and shall prescribe the manner and extent of its use by each of the parties. (c) Where property is taken under this article, the court may order any necessary removal or relocation of structures or improvements if such removal or relocation would not require any significant alteration of the use to which the property is appropriated. Unless otherwise provided by statute, all costs and damages that result from the relocation or removal shall be paid by the plaintiff. (Added by Stats. 1975, Ch. 1275.)
  167. 1240.610.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A person authorized to use eminent domain may take property already devoted to public use if the new use is more necessary.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.610. Any person authorized to acquire property for a particular use by eminent domain may exercise the power of eminent domain to acquire for that use property appropriated to public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated. Where property is sought to be acquired pursuant to this section, the complaint, and the resolution of necessity if one is required, shall refer specifically to this section. (Added by Stats. 1975, Ch. 1275.)
  168. 1240.620.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    If the defendant objects to a taking under Section 1240.610, the defendant must prove the property is appropriated to public use. If that is established, the plaintiff must prove the use meets Section 1240.610.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.620. If the defendant objects to a taking under Section 1240.610, the defendant has the burden of proof that his property is appropriated to public use. If it is established that the property is appropriated to public use, the plaintiff has the burden of proof that its use satisfies the requirements of Section 1240.610. (Added by Stats. 1975, Ch. 1275.)
  169. 1240.630.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    The defendant may continue the existing public use of the property if that use will not unreasonably interfere with or require a significant change to the more necessary public use.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.630. (a) Where property is sought to be taken under Section 1240.610, the defendant is entitled to continue the public use to which the property is appropriated if the continuance of such use will not unreasonably interfere with or impair, or require a significant alteration of, the more necessary public use as it is then planned or exists or may reasonably be expected to exist in the future. (b) If the defendant objects to a taking under this article on the ground that he is entitled under subdivision (a) to continue the public use to which the property is appropriated, upon motion of either party, the court shall determine whether the defendant is entitled under subdivision (a) to continue the use to which the property is appropriated; and, if the court determines that the defendant is so entitled, the parties shall make an agreement determining the terms and conditions upon which the defendant may continue the public use to which the property is appropriated, the terms and conditions upon which the property is taken by the plaintiff is acquired, and the manner and extent of the use of the property by each of the parties. Except as otherwise provided by statute, if the parties are unable to agree, the court shall fix such terms and conditions and the manner and extent of the use of the property by each of the parties. (Added by Stats. 1975, Ch. 1275.)
  170. 1240.640.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section creates presumptions that affect the burden of proof in certain eminent domain/public use situations.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.640. (a) Where property has been appropriated to public use by any person other than the state, the use thereof by the state for the same use or any other public use is presumed to be a more necessary use than the use to which such property has already been appropriated. (b) Where property has been appropriated to public use by the state, the use thereof by the state is presumed to be a more necessary use than any use to which such property might be put by any other person. (c) The presumptions established by this section are presumptions affecting the burden of proof. (Added by Stats. 1975, Ch. 1275.)
  171. 1240.650.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section says certain public uses are treated as more necessary than prior uses, and in one case that presumption can be rebutted.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.650. (a) Where property has been appropriated to public use by any person other than a public entity, the use thereof by a public entity for the same use or any other public use is a more necessary use than the use to which such property has already been appropriated. (b) Where property has been appropriated to public use by a public entity, the use thereof by the public entity is a more necessary use than any use to which such property might be put by any person other than a public entity. (c) Where property which has been appropriated to a public use is electric, gas, or water public utility property which the public entity intends to put to the same use, the presumption of a more necessary use established by subdivision (a) is a rebuttable presumption affecting the burden of proof, unless the acquiring public entity is a sanitary district exercising the powers of a county water district pursuant to Section 6512.7 of the Health and Safety Code. (Amended by Stats. 1992, Ch. 812, Sec. 2. Effective January 1, 1993.)
  172. 1240.655.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    If Golden State Energy starts this eminent domain action, the acquisition is treated as for a more necessary public use, and it may exclude only property not directly related to electrical or gas service.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.655. (a) If Golden State Energy commences an eminent domain action to acquire Pacific Gas and Electric Company property, including any franchise rights and stock, pursuant to Section 713 of the Public Utilities Code, that acquisition is for a more necessary public use pursuant to Section 1240.610. Golden State Energy may exclude from the acquisition only property not directly related to providing electrical or gas service. (b) For purposes of this section, the following definitions apply: (1) “Golden State Energy” has the same meaning as defined in Section 222.5 of the Public Utilities Code. (2) “Pacific Gas and Electric Company” means Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of the foregoing holding any assets related to the provision of electrical or gas service within Pacific Gas and Electric Company’s service territory, and any successor to any of the foregoing. (Added by Stats. 2020, Ch. 27, Sec. 3. (SB 350) Effective January 1, 2021.)
  173. 1240.660.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section creates a presumption that a local public entity’s use of property it has already appropriated to public use is a more necessary use than any competing use by another local public entity.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.660. Where property has been appropriated to public use by a local public entity, the use thereof by the local public entity is presumed to be a more necessary use than any use to which such property might be put by any other local public entity. The presumption established by this section is a presumption affecting the burden of proof. (Added by Stats. 1975, Ch. 1275.)
  174. 1240.670.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    Property is presumed to be for the best and most necessary public use if it meets the section’s ownership, public access, exclusive-use, and irrevocable-dedication conditions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.670. (a) Subject to Section 1240.690, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public use if all of the following are established: (1) The property is owned by a nonprofit organization contributions to which are deductible for state and federal income tax purposes under the laws of this state and of the United States and having the primary purpose of preserving areas in their natural condition. (2) The property is open to the public subject to reasonable restrictions and is appropriated, and used exclusively, for the preservation of native plants or native animals including, but not limited to, mammals, birds, and marine life, or biotic communities, or geological or geographical formations of scientific or educational interest. (3) The property is irrevocably dedicated to such uses so that, upon liquidation, dissolution, or abandonment of or by the owner, such property will be distributed only to a fund, foundation, or corporation whose property is likewise irrevocably dedicated to such uses, or to a governmental agency holding land for such uses. (b) The presumption established by this section is a presumption affecting the burden of proof. (Added by Stats. 1975, Ch. 1275.)
  175. 1240.680.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section says property is presumed to be taken for the best and most necessary public use if it is used for certain listed public purposes.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.680. (a) Subject to Sections 1240.690 and 1240.700, notwithstanding any other provision of law, property is presumed to have been appropriated for the best and most necessary public use if the property is appropriated to public use as any of the following: (1) A state, regional, county, or city park, open space, or recreation area. (2) A wildlife or waterfowl management area established by the Department of Fish and Game pursuant to Section 1525 of the Fish and Game Code. (3) A historic site included in the National Register of Historic Places or state-registered landmarks. (4) An ecological reserve as provided for in Article 4 (commencing with Section 1580) of Chapter 5 of Division 2 of the Fish and Game Code. (b) The presumption established by this section is a presumption affecting the burden of proof. (Added by Stats. 1975, Ch. 1275, Sec. 3.)
  176. 1240.690.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

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    A public entity or nonprofit owner may ask the superior court for declaratory relief about which public use is best and most necessary for certain property, but the action must be filed and served within 120 days after the required notice.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.690. (a) When property described in Section 1240.670 or 1240.680 is sought to be acquired for state highway purposes, and the property was dedicated or devoted to a use described in those sections prior to the initiation of highway route location studies, an action for declaratory relief may be brought by the public entity or nonprofit organization owning the property in the superior court to determine the question of which public use is the best and most necessary public use for the property. (b) The action for declaratory relief shall be filed and served within 120 days after the California Transportation Commission has published in a newspaper of general circulation pursuant to Section 6061 of the Government Code, and delivered to the public entity or nonprofit organization owning the property a written notice that a proposed route or an adopted route includes the property. In the case of nonprofit organizations, the written notice need only be given to nonprofit organizations that are on file with the Registrar of Charitable Trusts of this state. (c) In the declaratory relief action, the resolution of the California Transportation Commission is not conclusive evidence of the matters set forth in Section 1240.030. (d) With respect to property described in Section 1240.670 or 1240.680 which is sought to be acquired for state highway purposes: (1) If an action for declaratory relief is not filed and served within the 120-day period established by subdivision (b), the right to bring the action is waived and Sections 1240.670 and 1240.680 do not apply. (2) When a declaratory relief action may not be brought pursuant to this section, Sections 1240.670 and 1240.680 do not apply. (Amended by Stats. 1982, Ch. 681, Sec. 2.)
  177. 1240.700.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. )

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    A regional park district may bring a declaratory relief action in superior court over certain property acquisitions, but it must file and serve the action within 120 days after notice.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 3. The Right to Take [1240.010 - 1240.700] ( Chapter 3 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Condemnation for More Necessary Public Use [1240.610 - 1240.700] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1240.700. (a) When property described in Section 1240.680 is sought to be acquired for city or county road, street, or highway purposes, and such property was dedicated or devoted to regional park, recreational, or open-space purposes prior to the initiation of road, street, or highway route location studies, an action for declaratory relief may be brought in the superior court by the regional park district which operates the park, recreational, or open-space area to determine the question of which public use is the best and most necessary public use for such property. (b) The action for declaratory relief shall be filed and served within 120 days after the city or county, as the case may be, has published in a newspaper of general circulation pursuant to Section 6061 of the Government Code, and delivered to the regional park district, a written notice that a proposed route or site or an adopted route includes such property. (c) With respect to property dedicated or devoted to regionl park, recreational, or open-space purposes which is sought to be acquired for city or county road, street, or highway purposes: (1) If an action for declaratory relief is not filed and served within the 120-day period established by subdivision (b), the right to bring such action is waived and the provisions of Section 1240.680 do not apply. (2) When a declaratory relief action may not be brought pursuant to this section, the provisions of Section 1240.680 do not apply. (Added by Stats. 1975, Ch. 1275.)
  178. 1245.010.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. )

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    A person authorized to acquire property by eminent domain may enter property, subject to this article, to take photos, conduct surveys and tests, and do similar reasonably related activities.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1245.010. Subject to requirements of this article, any person authorized to acquire property for a particular use by eminient domain may enter upon property to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings, or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use. (Added by Stats. 1975, Ch. 1275.)
  179. 1245.020.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. )

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    If entry and related activities would create liability under Section 1245.060, the person with eminent domain power must first get either the owner’s written consent or a superior court order for entry.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1245.020. In any case in which the entry and activities mentioned in Section 1245.010 will subject the person having the power of eminent domain to liability under Section 1245.060, before making that entry and undertaking those activities, the person shall secure at least one of the following: (a) The written consent of the owner to enter upon the owner’s property and to undertake those activities. (b) An order for entry from the superior court in accordance with Section 1245. 030. (Amended by Stats. 2021, Ch. 401, Sec. 3. (AB 1578) Effective January 1, 2022.)
  180. 1245.030.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. )

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    A person seeking to enter property may ask the court for permission, but must give the owner prior notice and may have to deposit the probable compensation with the court.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1245.030. (a) The person seeking to enter upon the property may petition the court for an order permitting the entry and shall give such prior notice to the owner of the property as the court determines is appropriate under the circumstances of the particular case. (b) Upon such petition and after such notice has been given, the court shall determine the purpose for the entry, the nature and scope of the activities reasonably necessary to accomplish such purpose, and the probable amount of compensation to be paid to the owner of the property for the actual damage to the property and interference with its possession and use. (c) After such determination, the court may issue its order permitting the entry. The order shall prescribe the purpose for the entry and the nature and scope of the activities to be undertaken and shall require the person seeking to enter to deposit with the court the probable amount of compensation. (Added by Stats. 1975, Ch. 1275.)
  181. 1245.040.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. )

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    After notice and a hearing, the court may change an order under Section 1245.030. If the required deposit is increased, the court must set a deadline for paying the extra amount and may stay further entry or specified activities until it is paid.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1245.040. (a) The court, after notice and hearing, may modify any of the provisions of an order made under Section 1245.030. (b) If the amount required to be deposited is increased by an order of modification, the court shall specify the time within which the additional amount shall be deposited and may direct that any further entry or that specified activities under the order as modified be stayed until the additional amount has been deposited. (Added by Stats. 1975, Ch. 1275.)
  182. 1245.050.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. )

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    The deposited amount must stay on deposit for six months after the entry ends, unless a court orders earlier disbursement.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1245.050. (a) Unless sooner disbursed by court order, the amount deposited under this article shall be retained on deposit for six months following the termination of the entry. The period of retention may be extended by the court for good cause. (b) The deposit shall be made in the Condemnation Deposits Fund in the State Treasury or, upon written request of the plaintiff filed with the deposit, in the county treasury. If made in the State Treasury, the deposit shall be held, invested, deposited, and disbursed in accordance with Article 10 (commencing with Section 16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. (Added by Stats. 1975, Ch. 1275.)
  183. 1245.060.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. )

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    An owner may recover for actual damage or substantial interference caused by entry and activities on the property; the court must award costs, and sometimes litigation expenses, and the owner has a jury-trial right on compensation unless waived.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Preliminary Location, Survey, and Tests [1245.010 - 1245.060] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1245.060. (a) If the entry and activities upon property cause actual damage to or substantial interference with the possession or use of the property, whether or not a claim has been presented in compliance with Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code, the owner may recover for that damage or interference in a civil action, as a defendant in an eminent domain action affecting the property, or by application to the court under subdivision (c). (b) The prevailing claimant in an action or proceeding under this section shall be awarded the claimant’s costs and, if the court finds that any of the following occurred, the claimant’s litigation expenses incurred in proceedings under this article: (1) The entry was unlawful. (2) The entry was lawful but the activities upon the property were abusive or lacking in due regard for the interests of the owner. (3) There was a failure substantially to comply with the terms of an order made under Section 1245.030 or 1245.040. (c) If funds are on deposit under this article, upon application of the owner, the court shall determine and award the amount the owner is entitled to recover under this section and shall order that amount paid out of the funds on deposit. If the funds on deposit are insufficient to pay the full amount of the award, the court shall enter judgment for the unpaid portion. In a proceeding under this subdivision, the owner has a right to a jury trial, unless waived, on the amount of compensation for actual damage or substantial interference with the possession or use of the property. (d) Nothing in this section affects the availability of any other remedy the owner may have for the damaging of the owner’s property. (Amended by Stats. 2021, Ch. 401, Sec. 4. (AB 1578) Effective January 1, 2022.)
  184. 1245.210.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    This section defines “governing body” for this article and lists which body counts as the governing body for different kinds of takings.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.210. As used in this article, “governing body” means: (a) In the case of a taking by a local public entity, the legislative body of the local public entity. (b) In the case of a taking by the Sacramento and San Joaquin Drainage District, the Central Valley Flood Protection Board. (c) In the case of a taking by the State Public Works Board pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), the State Public Works Board. (d) In the case of a taking by the Department of Fish and Wildlife pursuant to Section 1348 of the Fish and Game Code, the Wildlife Conservation Board. (e) In the case of a taking by the Department of Transportation (other than a taking pursuant to Section 21633 of the Public Utilities Code or Section 30100 of the Streets and Highways Code), the California Transportation Commission. (f) In the case of a taking by the Department of Transportation pursuant to Section 21633 of the Public Utilities Code, the California Transportation Commission. (g) In the case of a taking by the Department of Transportation pursuant to Section 30100 of the Streets and Highways Code, the California Transportation Commission. (h) In the case of a taking by the Department of Water Resources, the California Water Commission. (i) In the case of a taking by the University of California, the Regents of the University of California. (j) In the case of a taking by the State Lands Commission, the State Lands Commission. (k) In the case of a taking by the college named in Section 92200 of the Education Code, the board of directors of that college. (l) In the case of a taking by the High-Speed Rail Authority, the State Public Works Board. (Amended by Stats. 2022, Ch. 478, Sec. 3. (AB 1936) Effective January 1, 2023.)
  185. 1245.220.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity may not start an eminent domain proceeding until its governing body adopts a resolution of necessity that satisfies this article.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.220. A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets the requirements of this article. (Added by Stats. 1975, Ch. 1275.)
  186. 1245.230.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A resolution of necessity must include specified statements and findings, including the public use, property description, necessity findings, and either the Section 7267.2 offer or an explanation that the owner could not be located.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.230. In addition to other requirements imposed by law, the resolution of necessity shall contain all of the following: (a) A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the public entity to acquire the property by eminent domain. (b) A description of the general location and extent of the property to be taken, with sufficient detail for reasonable identification. (c) A declaration that the governing body of the public entity has found and determined each of the following: (1) The public interest and necessity require the proposed project. (2) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (3) The property described in the resolution is necessary for the proposed project. (4) That either the offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence. If at the time the governing body of a public entity is requested to adopt a resolution of necessity and the project for which the property is needed has been determined by the public entity to be an emergency project, which project is necessary either to protect or preserve health, safety, welfare, or property, the requirements of Section 7267.2 of the Government Code need not be a prerequisite to the adoption of an authorizing resolution at the time. However, in those cases the provisions of Section 7267.2 of the Government Code shall be implemented by the public entity within a reasonable time thereafter but in any event, not later than 90 days after adoption of the resolution of necessity. (Amended by Stats. 1983, Ch. 1079, Sec. 1.)
  187. 1245.235.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    The governing body may adopt a resolution of necessity only after giving notice and a chance to be heard to affected property owners.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.235. (a) The governing body of the public entity may adopt a resolution of necessity only after the governing body has given each person whose property is to be acquired by eminent domain and whose name and address appears on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030. (b) The notice required by subdivision (a) shall be sent by first-class mail to each person described in subdivision (a) and shall state all of the following: (1) The intent of the governing body to adopt the resolution. (2) The right of such person to appear and be heard on the matters referred to in Section 1240.030. (3) Failure to file a written request to appear and be heard within 15 days after the notice was mailed will result in waiver of the right to appear and be heard. (c) The governing body, or a committee of not less than 11 members thereof designated by the governing body if the governing body has more than 40 members, shall hold a hearing at which all persons described in subdivision (a) who filed a written request within the time specified in the notice may appear and be heard on the matters referred to in Section 1240.030. Such a committee shall be reasonably representative of the various geographical areas within the public entity’s jurisdiction. The governing body need not give an opportunity to appear and be heard to any person who fails to so file a written request within the time specified in the notice. If a committee is designated by the governing body pursuant to this subdivision to hold the hearing, the committee, subsequent to the hearing, shall provide the governing body and any person described in subdivision (a) who has appeared before the committee with a written summary of the hearing and a written recommendation as to whether to adopt the resolution of necessity. Any person described in subdivision (a) who has appeared before the committee shall also be given an opportunity to appear and be heard before the governing body on the matters referred to in Section 1240.030. (d) Notwithstanding subdivision (b), the governing body may satisfy the requirements of this section through any other procedure that has given each person described in subdivision (a) reasonable written personal notice and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030. (Amended by Stats. 1986, Ch. 358, Sec. 1.)
  188. 1245.240.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

    Verify source ↗

    A public entity’s governing body must adopt the resolution by a two-thirds vote of all members, unless a higher vote is required by another statute, charter, or ordinance.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.240. Unless a greater vote is required by statute, charter, or ordinance, the resolution shall be adopted by a vote of two-thirds of all the members of the governing body of the public entity. (Added by Stats. 1975, Ch. 1275.)
  189. 1245.245.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    Public entities must keep acquired property for the stated public use unless a supermajority resolution authorizes a different use. If the property goes unused for 10 years, the entity must follow sale and return-right procedures.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.245. (a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to this article shall only be used for the public use stated in the resolution unless the governing body of the public entity adopts a resolution authorizing a different use of the property by a vote of at least two-thirds of all members of the governing body of the public entity, or a greater vote as required by statute, charter, or ordinance. The resolution shall contain all of the following: (1) A general statement of the new public use that is proposed for the property and a reference to the statute that would have authorized the public entity to acquire the property by eminent domain for that use. (2) A description of the general location and extent of the property proposed to be used for the new use, with sufficient detail for reasonable identification. (3) A declaration that the governing body has found and determined each of the following: (A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (C) The property described in the resolution is necessary for the proposed use. (b) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity pursuant to this article, and is not used for the public use stated in the resolution of necessity within 10 years of the adoption of the resolution of necessity, shall be sold in accordance with the terms of subdivisions (f) and (g), unless the governing body adopts a resolution according to the terms of subdivision (a) or a resolution according to the terms of this subdivision reauthorizing the existing stated public use of the property by a vote of at least two-thirds of all members of the governing body of the public entity or a greater vote as required by statute, charter, or ordinance. A reauthorization resolution under this subdivision shall contain all of the following: (1) A general statement of the public use that is proposed to be reauthorized for the property and a reference to the statute that authorized the public entity to acquire the property by eminent domain for that use. (2) A description of the general location and extent of the property proposed to be used for the public use, but not yet in use for the public use, with sufficient detail for reasonable identification. (3) A declaration that the governing body has found and determined each of the following: (A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (C) The property described in the resolution is necessary for the proposed use. (c) In addition to any notice required by law, the notice required for a new or reauthorization resolution sought pursuant to subdivision (a) or (b) shall comply with Section 1245.235 and shall be sent to each person who was given notice required by Section 1245.235 in connection with the original acquisition of the property by the public entity. (d) Judicial review of an action pursuant to subdivision (a) or (b) may be obtained by a person who had an interest in the property described in the resolution at the time that the property was acquired by the public entity, and shall be governed by Section 1085. (e) The following property acquisitions are subject to the requirements of this section: (1) Any acquisition by a public entity pursuant to eminent domain. (2) Any acquisition by a public entity following adoption of a resolution of necessity pursuant to this article for the property. (3) Any acquisition by a public entity prior to the adoption of a resolution of necessity pursuant to this article for the property, but subsequent to a written notice that the public entity may take the property by eminent domain. (f) If the public entity fails to adopt either a new resolution pursuant to subdivision (a) or a reauthorization resolution pursuant to subdivision (b), as required by this section, and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of the public entity’s failure to adopt a resolution pursuant to subdivision (a) or (b), the public entity shall offer the person or persons from whom the property was acquired the right of first refusal to purchase the property pursuant to this section, as follows: (1) At the present market value, as determined by independent licensed appraisers. (2) For property that was a single-family residence at the time of acquisition, at an affordable price, which price shall not be greater than the price paid by the agency for the original acquisition, adjusted for inflation, and shall not be greater than fair market value, if the following requirements are met: (A) The person or persons from whom the property was acquired certify their income to the public entity as persons or families of low or moderate income. (B) If the single-family residence is offered at a price that is less than fair market value, the public entity may verify the certifications of income in accordance with procedures used for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency. (C) If the single-family residence is offered at a price that is less than fair market value, the public entity shall impose terms, conditions, and restrictions to ensure that the residence will either: (i) Remain owner-occupied by the person or persons from whom the property was acquired for at least five years. (ii) Remain available to persons or families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income for the longest feasible time, but for not less than 55 years for rental units and 45 years for home ownership units. (D) The Department of Housing and Community Development shall provide to the public entity recommendations of standards and criteria for those prices, terms, conditions, and restrictions. (g) If after a diligent effort the public entity is unable to locate the person from whom the property was acquired, if the person from whom the property was acquired does not choose to purchase the property as provided in subdivision (f), or if the public entity fails to adopt a resolution as required pursuant to subdivision (a) or (b) but is not required to offer a right of first refusal pursuant to subdivision (f), the public entity shall sell the property as surplus property pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. (h) If residential property acquired by a public entity by any means set forth in subdivision (e) is sold as surplus property pursuant to subdivision (g), and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of its sale as surplus property, the public entity shall pay to the person or persons from whom the public entity acquired the property the sum of any financial gain between the original acquisition price, adjusted for inflation, and the final sale price. (i) Upon completion of any acquisition described in subdivision (e) or upon the adoption of a resolution of necessity pursuant to this section, whichever is later, the public entity shall give written notice to the person or persons from whom the property was acquired as described in subdivision (e) stating that the notice, right of first refusal, and return of financial gain rights discussed in this section may accrue. (j) At least 60 days before selling the property pursuant to subdivision (g), the public entity shall make a diligent effort to locate the person from whom the property was acquired. At any time before the proposed sale, the person from whom the property was acquired may exercise the rights provided by this section. As used in this section, “diligent effort” means that the public entity has done all of the following: (1) Mailed the notice of the proposed sale by certified mail, return receipt requested, to the last known address of the person from whom the property was acquired. (2) Mailed the notice of the proposed sale by certified mail, return receipt requested, to each person with the same name as the person from whom the property was acquired at any other address on the last equalized assessment roll. (3) Published the notice of the proposed sale pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the city or county in which the property is located. (4) Posted the notice of the proposed sale in at least three public places within the city or county in which the property is located. (5) Posted the notice of the proposed sale on the property proposed to be sold. (k) For purposes of this section, “adjusted for inflation” means the original acquisition price increased to reflect the proportional increase in the Consumer Price Index for all items for the State of California, as determined by the United States Bureau of Labor Statistics, for the period from the date of acquisition to the date the property is offered for sale. (Amended by Stats. 2007, Ch. 130, Sec. 36. Effective January 1, 2008.)
  190. 1245.250.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    A resolution of necessity adopted by a public entity’s governing body generally conclusively establishes the matters in Section 1240.030, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.250. (a) Except as otherwise provided by statute, a resolution of necessity adopted by the governing body of the public entity pursuant to this article conclusively establishes the matters referred to in Section 1240.030. (b) If the taking is by a local public entity, other than a sanitary district exercising the powers of a county water district pursuant to Section 6512.7 of the Health and Safety Code, and the property is electric, gas, or water public utility property, the resolution of necessity creates a rebuttable presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of proof. (c) If the taking is by a local public entity and the property described in the resolution is not located entirely within the boundaries of the local public entity, the resolution of necessity creates a presumption that the matters referred to in Section 1240.030 are true. This presumption is a presumption affecting the burden of producing evidence. (d) For the purposes of subdivision (b), a taking by the State Reclamation Board for the Sacramento and San Joaquin Drainage District is not a taking by a local public entity. (Amended by Stats. 1992, Ch. 812, Sec. 3. Effective January 1, 1993.)
  191. 1245.255.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    A person with an interest in the property may challenge a resolution of necessity, and the court must dismiss a mandate action without prejudice if an eminent domain proceeding starts unless justice requires otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.255. (a) A person having an interest in the property described in a resolution of necessity adopted by the governing body of the public entity pursuant to this article may obtain judicial review of the validity of the resolution: (1) Before the commencement of the eminent domain proceeding, by petition for a writ of mandate pursuant to Section 1085. The court having jurisdiction of the writ of mandate action, upon motion of any party, shall order the writ of mandate action dismissed without prejudice upon commencement of the eminent domain proceeding unless the court determines that dismissal will not be in the interest of justice. (2) After the commencement of the eminent domain proceeding, by objection to the right to take pursuant to this title. (b) A resolution of necessity does not have the effect prescribed in Section 1245.250 to the extent that its adoption or contents were influenced or affected by gross abuse of discretion by the governing body. (c) Nothing in this section precludes a public entity from rescinding a resolution of necessity and adopting a new resolution as to the same property subject, after the commencement of an eminent domain proceeding, to the same consequences as a conditional dismissal of the proceeding under Section 1260.120. (Amended by Stats. 1978, Ch. 286.)
  192. 1245.260.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    A property owner may sue in inverse condemnation if the public entity delays too long after adopting a resolution of necessity, and the owner may seek compensation or damages.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.260. (a) If a public entity has adopted a resolution of necessity but has not commenced an eminent domain proceeding to acquire the property within six months after the date of adoption of the resolution, or has commenced such proceeding but has not within six months after the commencement of such proceeding attempted diligently to serve the complaint and the summons relating to such proceeding, the property owner may, by an action in inverse condemnation, do either or both of the following: (1) Require the public entity to take the property and pay compensation therefor. (2) Recover damages from the public entity for any interference with the possession and use of the property resulting from adoption of the resolution. Service by mail pursuant to Section 415.30 shall constitute a diligent attempt at service within the meaning of this section. (b) No claim need be presented against a public entity under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code as a prerequisite to commencement or maintenance of an action under subdivision (a), but any such action shall be commenced within one year and six months after the date the public entity adopted the resolution of necessity. (c) A public entity may commence an eminent domain proceeding or rescind a resolution of necessity as a matter of right at any time before the property owner commences an action under this section. If the public entity commences an eminent domain proceeding or rescinds the resolution of necessity before the property owner commences an action under this section, the property owner may not thereafter bring an action under this section. (d) After a property owner has commenced an action under this section, the public entity may rescind the resolution of necessity and abandon the taking of the property only under the same circumstances and subject to the same conditions and consequences as abandonment of an eminent domain proceeding. (e) Commencement of an action under this section does not affect any authority a public entity may have to commence an eminent domain proceeding, take possession of the property pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6, or abandon the eminent domain proceeding. (f) In lieu of bringing an action under subdivision (a) or if the limitations period provided in subdivision (b) has run, the property owner may obtain a writ of mandate to compel the public entity, within such time as the court deems appropriate, to rescind the resolution of necessity or to commence an eminent domain proceeding to acquire the property. (Amended by Stats. 1978, Ch. 411.)
  193. 1245.270.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. )

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    A resolution of necessity fails this article if the defendant proves bribery of a voting governing-body member and that the bribery changed the outcome.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Resolution of Necessity [1245.210 - 1245.270] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1245.270. (a) A resolution of necessity does not meet the requirements of this article if the defendant establishes by a preponderance of the evidence both of the following: (1) A member of the governing body who voted in favor of the resolution received or agreed to receive a bribe, as defined in Section 7 of the Penal Code, involving adoption of the resolution. (2) But for the conduct described in paragraph (1), the resolution would not otherwise have been adopted. (b) Where there has been a prior criminal prosecution of the member for the conduct described in paragraph (1) of subdivision (a), proof of conviction shall be conclusive evidence that the requirement of paragraph (1) of subdivision (a) is satisfied, and proof of acquittal or other dismissal of the prosecution shall be conclusive evidence that the requirement of paragraph (1) of subdivision (a) is not satisfied. Where there is a pending criminal prosecution of the member for the conduct described in paragraph (1) of subdivision (a), the court may take such action as is just under the circumstances of the case. (c) Nothing in this section precludes a public entity from rescinding a resolution of necessity and adopting a new resolution as to the same property, subject to the same consequences as a conditional dismissal of the proceeding under Section 1260.120. (Amended by Stats. 2024, Ch. 72, Sec. 1. (SB 156) Effective July 2, 2024.)
  194. 1245.310.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    This section defines “legislative body” for this article.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.310. As used in this article, “legislative body” means both of the following: (a) The legislative body of each city within whose boundaries property sought to be taken by the quasi-public entity by eminent domain is located. (b) If property sought to be taken by the quasi-public entity is not located within city boundaries, the legislative body of each county within whose boundaries such property is located. (Added by Stats. 1975, Ch. 1275.)
  195. 1245.320.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    This section defines “quasi-public entity” for this article.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.320. As used in this article, “quasi-public entity” means: (a) An educational institution of collegiate grade not conducted for profit that seeks to take property by eminent domain under Section 94500 of the Education Code. (b) A nonprofit hospital that seeks to take property by eminent domain under Section 1260 of the Health and Safety Code. (c) A cemetery authority that seeks to take property by eminent domain under Section 8501 of the Health and Safety Code. (d) A limited-dividend housing corporation that seeks to take property by eminent domain under Section 34874 of the Health and Safety Code. (e) A land-chest corporation that seeks to take property by eminent domain under former Section 35167 of the Health and Safety Code. (f) A mutual water company that seeks to take property by eminent domain under Section 2729 of the Public Utilities Code. (Amended by Stats. 2006, Ch. 538, Sec. 67. Effective January 1, 2007.)
  196. 1245.325.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    A person seeking to acquire an appurtenant easement by eminent domain is treated as a quasi-public entity for this article, and the required resolution must include specified legislative findings.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.325. Where an owner of real property seeks to acquire an appurtenant easement by eminent domain pursuant to Section 1001 of the Civil Code: (a) The person seeking to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article. (b) In lieu of the requirements of subdivision (c) of Section 1245.340, the resolution required by this article shall contain a declaration that the legislative body has found and determined each of the following: (1) There is a great necessity for the taking. (2) The location of the easement affords the most reasonable service to the property to which it is appurtenant, consistent with the least damage to the burdened property. (3) The hardship to the owner of the appurtenant property, if the taking is not permitted, clearly outweighs any hardship to the owner of the burdened property. (Added by Stats. 1976, Ch. 994.)
  197. 1245.326.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    If a property owner seeks a temporary right of entry by eminent domain, the person exercising that power is treated as a quasi-public entity, and the required resolution must state that the Civil Code Section 1002 conditions appear to exist.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.326. Where an owner of real property seeks to acquire by eminent domain a temporary right of entry pursuant to Section 1002 of the Civil Code: (a) The person seeking to exercise the power of eminent domain shall be deemed to be a “quasi-public entity” for the purposes of this article. (b) In lieu of the requirements of subdivision (c) of Section 1245.340, the resolution required by this article shall contain a declaration that the legislative body has found and determined that each of the conditions required by Section 1002 of the Civil Code appears to exist. (Added by Stats. 1982, Ch. 1239, Sec. 2.)
  198. 1245.330.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    A quasi-public entity may not start an eminent domain proceeding to take property until the legislative body adopts a consent resolution.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.330. Notwithstanding any other provision of law, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative body has adopted a resolution consenting to the acquisition of such property by eminent domain. (Added by Stats. 1975, Ch. 1275.)
  199. 1245.340.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    A resolution under this article must include specific statements about public use, authority, property description, and required findings.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.340. The resolution required by this article shall contain all of the following: (a) A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the quasi-public entity to acquire the property by eminent domain. (b) A description of the general location and extent of the property to be taken, with sufficient detail for reasonable identification. (c) A declaration that the legislative body has found and determined each of the following: (1) The public interest and necessity require the proposed project. (2) The proposed project is planned or located in the manner that will be most compatible with the greatest good and least private injury. (3) The property described in the resolution is necessary for the proposed project. (4) The hardship to the quasi-public entity if the acquisition of the property by eminent domain is not permitted outweighs any hardship to the owners of such property. (Added by Stats. 1975, Ch. 1275.)
  200. 1245.350.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )

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    The legislative body may refuse consent to an acquisition, but it may adopt the required resolution only after a hearing where affected property owners have a reasonable opportunity to appear and be heard. Notice of the hearing must be mailed by first-class mail to listed owners at least 15 days before the hearing, and the notice must state the time, place, and subject.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.350. (a) The legislative body may refuse to consent to the acquisition with or without a hearing, but it may adopt the resolution required by this article only after the legislative body has held a hearing at which persons whose property is to be acquired by eminent domain have had a reasonable opportunity to appear and be heard. (b) Notice of the hearing shall be sent by first-class mail to each person whose property is to be acquired by eminent domain if the name and address of the person appears on the last equalized county assessment roll (including the roll of state-assessed property). The notice shall state the time, place, and subject of the hearing and shall be mailed at least 15 days prior to the date of the hearing. (Added by Stats. 1975, Ch. 1275.)

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