Code of Civil Procedure — Part 8 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 8 of 17 · provisions 1,401–1,600

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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. 2034.630.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Motion To Augment or Amend Expert Witness List or Declaration [2034.610 - 2034.630] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The court must impose a monetary sanction on a party, person, or attorney who unsuccessfully makes or opposes a motion to augment or amend expert witness information, unless substantial justification or other circumstances make the sanction unjust.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 4. Motion To Augment or Amend Expert Witness List or Declaration [2034.610 - 2034.630] ( Article 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2034.630. The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to augment or amend expert witness information, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  2. 2034.710.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Motion To Submit Tardy Expert Witness Information [2034.710 - 2034.730] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A party who missed the expert-witness disclosure deadline may ask the court for permission to file late information, but the motion must be filed early enough and include a meet-and-confer declaration.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Motion To Submit Tardy Expert Witness Information [2034.710 - 2034.730] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2034.710. (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date. (b) A motion under subdivision (a) shall be made a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time. (c) The motion shall be accompanied by a meet and confer declaration under Section 2016.040. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  3. 2034.720.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Motion To Submit Tardy Expert Witness Information [2034.710 - 2034.730] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A court must grant leave to submit late expert witness information only if specific reliance, prejudice, and promptness conditions are met.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Motion To Submit Tardy Expert Witness Information [2034.710 - 2034.730] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2034.720. The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied: (a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses. (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits. (c) The court has determined that the moving party did all of the following: (1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect. (2) Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect. (3) Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action. (d) The order is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  4. 2034.730.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Motion To Submit Tardy Expert Witness Information [2034.710 - 2034.730] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The court must impose a monetary sanction on a party, person, or attorney who unsuccessfully makes or opposes a motion to submit tardy expert witness information, unless substantial justification or other unjust circumstances exist.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 18. Simultaneous Exchange of Expert Witness Information [2034.010 - 2034.730] ( Chapter 18 added by Stats. 2004, Ch. 182, Sec. 23. ) ## ARTICLE 5. Motion To Submit Tardy Expert Witness Information [2034.710 - 2034.730] ( Article 5 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2034.730. The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to submit tardy expert witness information, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  5. 2035.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A person who expects to be a party, or a successor in interest to a party, may use discovery to preserve testimony or evidence, but not to look for causes of action, defenses, or potential parties in an unfiled case.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2035.010. (a) One who expects to be a party or expects a successor in interest to be a party to an action that may be cognizable in a court of the state, whether as a plaintiff, or as a defendant, or in any other capacity, may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), for the purpose of perpetuating that person’s own testimony or that of another natural person or organization, or of preserving evidence for use in the event an action is subsequently filed. (b) One shall not employ the procedures of this chapter for purposes of either ascertaining the possible existence of a cause of action or a defense to it, or of identifying those who might be made parties to an action not yet filed. (Amended by Stats. 2016, Ch. 86, Sec. 44. (SB 1171) Effective January 1, 2017.)
  6. 2035.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. )

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    For discovery used for the purposes in Section 2035.010, the available methods are oral and written depositions, inspections of documents, things, and places, and physical and mental examinations.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2035.020. The methods available for discovery conducted for the purposes set forth in Section 2035.010 are all of the following: (a) Oral and written depositions. (b) Inspections of documents, things, and places. (c) Physical and mental examinations. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  7. 2035.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A person seeking to perpetuate testimony or preserve evidence must file a verified petition in the proper superior court.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2035.030. (a) One who desires to perpetuate testimony or preserve evidence for the purposes set forth in Section 2035.010 shall file a verified petition in the superior court of the county of the residence of at least one expected adverse party, or, if no expected adverse party is a resident of the State of California, in the superior court of a county where the action or proceeding may be filed. (b) The petition shall be titled in the name of the one who desires the perpetuation of testimony or the preservation of evidence. The petition shall set forth all of the following: (1) The expectation that the petitioner or the petitioner’s successor in interest will be a party to an action cognizable in a court of the State of California. (2) The present inability of the petitioner and, if applicable, the petitioner’s successor in interest either to bring that action or to cause it to be brought. (3) The subject matter of the expected action and the petitioner’s involvement. A copy of any written instrument the validity or construction of which may be called into question, or which is connected with the subject matter of the proposed discovery, shall be attached to the petition. (4) The particular discovery methods described in Section 2035.020 that the petitioner desires to employ. (5) The facts that the petitioner desires to establish by the proposed discovery. (6) The reasons for desiring to perpetuate or preserve these facts before an action has been filed. (7) The name or a description of those whom the petitioner expects to be adverse parties so far as known. (8) The name and address of those from whom the discovery is to be sought. (9) The substance of the information expected to be elicited from each of those from whom discovery is being sought. (c) The petition shall request the court to enter an order authorizing the petitioner to engage in discovery by the described methods for the purpose of perpetuating the described testimony or preserving the described evidence. (Amended by Stats. 2005, Ch. 294, Sec. 14. Effective January 1, 2006.)
  8. 2035.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The petitioner must serve notice of the petition on each expected adverse party, include a copy of the petition, and do it at least 20 days before the hearing date stated in the notice.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2035.040. (a) The petitioner shall cause service of a notice of the petition under Section 2035.030 to be made on each natural person or organization named in the petition as an expected adverse party. This service shall be made in the same manner provided for the service of a summons. (b) The service of the notice shall be accompanied by a copy of the petition. The notice shall state that the petitioner will apply to the court at a time and place specified in the notice for the order requested in the petition. (c) This service shall be effected at least 20 days prior to the date specified in the notice for the hearing on the petition. (d) If after the exercise of due diligence, the petitioner is unable to cause service to be made on any expected adverse party named in the petition, the court in which the petition is filed shall make an order for service by publication. (e) If any expected adverse party served by publication does not appear at the hearing, the court shall appoint an attorney to represent that party for all purposes, including the cross-examination of any person whose testimony is taken by deposition. The court shall order that the petitioner pay the reasonable fees and expenses of any attorney so appointed. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  9. 2035.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. )

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    The court must authorize requested discovery if it finds the discovery may prevent a failure or delay of justice, and the order must list the witnesses, items, places, or persons covered.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2035.050. (a) If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice, it shall make an order authorizing that discovery. In determining whether to authorize discovery by a petitioner who expects a successor in interest to be a party to an action, the court shall consider, in addition to other appropriate factors, whether the requested discovery could be conducted by the petitioner’s successor in interest, instead of by the petitioner. (b) The order shall identify any witness whose deposition may be taken, and any documents, things, or places that may be inspected, and any person whose physical or mental condition may be examined. (c) Any authorized depositions, inspections, and physical or mental examinations shall then be conducted in accordance with the provisions of this title relating to those methods of discovery in actions that have been filed. (Amended by Stats. 2005, Ch. 294, Sec. 15. Effective January 1, 2006.)
  10. 2035.060.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A deposition taken to preserve testimony may be used in later California court actions involving the same subject matter, under Section 2025.620, against a named expected adverse party or that party’s successor in interest.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 19. Perpetuation of Testimony or Preservation of Evidence Before Filing Action [2035.010 - 2035.060] ( Chapter 19 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2035.060. If a deposition to perpetuate testimony has been taken either under the provisions of this chapter, or under comparable provisions of the laws of the state in which it was taken, or the federal courts, or a foreign nation in which it was taken, that deposition may be used, in any action involving the same subject matter that is brought in a court of the State of California, in accordance with Section 2025.620 against any party, or the successor in interest of any party, named in the petition as an expected adverse party. (Amended by Stats. 2005, Ch. 294, Sec. 16. Effective January 1, 2006.)
  11. 2036.010.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A party may obtain discovery after an appeal is taken, or while the time to appeal has not expired, to preserve testimony or information for later proceedings.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2036.010. If an appeal has been taken from a judgment entered by a court of the state, or if the time for taking an appeal has not expired, a party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), for purposes of perpetuating testimony or preserving information for use in the event of further proceedings in that court. (Amended by Stats. 2016, Ch. 86, Sec. 45. (SB 1171) Effective January 1, 2017.)
  12. 2036.020.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. )

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    For the purpose described in Section 2036.010, the available discovery methods are oral and written depositions, inspections of documents, things, and places, and physical and mental examinations.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2036.020. The methods available for discovery for the purpose set forth in Section 2036.010 are all of the following: (a) Oral and written depositions. (b) Inspections of documents, things, and places. (c) Physical and mental examinations. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  13. 2036.030.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A party seeking discovery pending appeal must get leave from the court that entered the judgment.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2036.030. (a) A party who desires to obtain discovery pending appeal shall obtain leave of the court that entered the judgment. This motion shall be made on the same notice to and service of parties as is required for discovery sought in an action pending in that court. (b) The motion for leave to conduct discovery pending appeal shall set forth all of the following: (1) The names and addresses of the natural persons or organizations from whom the discovery is being sought. (2) The particular discovery methods described in Section 2036.020 for which authorization is being sought. (3) The reasons for perpetuating testimony or preserving evidence. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  14. 2036.040.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. )

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    If the court finds the requested discovery may prevent a failure or delay of justice, it must authorize that discovery and identify what may be taken or inspected.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2036.040. (a) If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice in the event of further proceedings in the action in that court, it shall make an order authorizing that discovery. (b) The order shall identify any witness whose deposition may be taken, and any documents, things, or places that may be inspected, and any person whose physical or mental condition may be examined. (c) Any authorized depositions, inspections, and physical and mental examinations shall then be conducted in accordance with the provisions of this title relating to these methods of discovery in a pending action. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  15. 2036.050.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. )

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    A deposition taken to perpetuate testimony may be used in a later proceeding if it was taken under this chapter and used consistently with Section 2025.620.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 4. CIVIL DISCOVERY ACT [2016.010 - 2036.050] ( Title 4 added by Stats. 2004, Ch. 182, Sec. 23. ) ## CHAPTER 20. Perpetuation of Testimony or Preservation of Information Pending Appeal [2036.010 - 2036.050] ( Chapter 20 added by Stats. 2004, Ch. 182, Sec. 23. ) ## 2036.050. If a deposition to perpetuate testimony has been taken under the provisions of this chapter, it may be used in any later proceeding in accordance with Section 2025.620. (Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  16. 204.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    Eligible people generally cannot be exempted from trial juror service, except that they may be excused for undue hardship as defined by the Judicial Council.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 204. (a) No eligible person shall be exempt from service as a trial juror by reason of occupation, economic status, or any characteristic listed or defined in Section 11135 of the Government Code, or for any other reason. No person shall be excused from service as a trial juror except as specified in subdivision (b). (b) An eligible person may be excused from jury service only for undue hardship, upon themselves or upon the public, as defined by the Judicial Council. (Amended by Stats. 2007, Ch. 568, Sec. 15. Effective January 1, 2008.)
  17. 205.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    This section limits what jury questionnaires may ask and how they may be used, while allowing courts and judges to order extra questionnaires in specified circumstances and requiring the Judicial Council to adopt an inclusive administration standard.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 205. (a) If a jury commissioner requires a person to complete a questionnaire, the questionnaire shall ask only questions related to juror identification, qualification, and ability to serve as a prospective juror. (b) Except as ordered by the court, the questionnaire referred to in subdivision (a) shall be used solely for qualifying prospective jurors, and for management of the jury system, and not for assisting in the courtroom voir dire process of selecting trial jurors for specific cases. (c) The court may require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a fair cross section of the population is represented as required by law, if such procedures are established by local court rule. (d) The trial judge may direct a prospective juror to complete additional questionnaires as proposed by counsel in a particular case to assist the voir dire process. (e) The Judicial Council shall adopt a standard of judicial administration to ensure that juror identification and any juror questionnaire is inclusive, including allowing a juror the ability to express their gender identity or gender expression, if applicable. (f) This section shall become operative on January 1, 2026. (Repealed (in Sec. 11) and added by Stats. 2024, Ch. 812, Sec. 12. (AB 1899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  18. 206.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    This section requires judges to tell criminal juries about juror discussion rights and related rules, allows limited post-discharge contact with jurors if the juror consents, and provides for reporting, sanctions, and requests for juror-identifying information.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 206. (a) Prior to discharging the jury from the case, the judge in a criminal action shall inform the jurors that they have an absolute right to discuss or not to discuss the deliberation or verdict with anyone. The judge shall also inform the jurors of the provisions set forth in subdivisions (b), (d), and (e). (b) Following the discharge of the jury in a criminal case, the defendant, or his or her attorney or representative, or the prosecutor, or his or her representative, may discuss the jury deliberation or verdict with a member of the jury, provided that the juror consents to the discussion and that the discussion takes place at a reasonable time and place. (c) If a discussion of the jury deliberation or verdict with a member of the jury pursuant to subdivision (b) occurs at any time more than 24 hours after the verdict, prior to discussing the jury deliberation or verdict with a member of a jury pursuant to subdivision (b), the defendant or his or her attorney or representative, or the prosecutor or his or her representative, shall inform the juror of the identity of the case, the party in that case which the person represents, the subject of the interview , the absolute right of the juror to discuss or not discuss the deliberations or verdict in the case with the person, and the juror’s right to review and have a copy of any declaration filed with the court. (d) Any unreasonable contact with a juror by the defendant, or his or her attorney or representative, or by the prosecutor, or his or her representative, without the juror’s consent shall be immediately reported to the trial judge. (e) Any violation of this section shall be considered a violation of a lawful court order and shall be subject to reasonable monetary sanctions in accordance with Section 177.5 of the Code of Civil Procedure. (f) Nothing in the section shall prohibit a peace officer from investigating an allegation of criminal conduct. (g) Pursuant to Section 237, a defendant or defendant’s counsel may, following the recording of a jury’s verdict in a criminal proceeding, petition the court for access to personal juror identifying information within the court’s records necessary for the defendant to communicate with jurors for the purpose of developing a motion for new trial or any other lawful purpose. This information consists of jurors’ names, addresses, and telephone numbers. The court shall consider all requests for personal juror identifying information pursuant to Section 237. (Amended by Stats. 2000, Ch. 242, Sec. 1. Effective January 1, 2001.)
  19. 2064.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 5. OF THE RIGHTS AND DUTIES OF WITNESSES [2064 - 2065] ( Title 5 enacted 1872. )

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    A witness served with a subpoena must attend at the appointed time, bring subpoenaed papers under control, answer pertinent and legal questions, and stay until the testimony ends unless discharged sooner.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 5. OF THE RIGHTS AND DUTIES OF WITNESSES [2064 - 2065] ( Title 5 enacted 1872. ) ## 2064. A witness, served with a subpoena, must attend at the time appointed, with any papers under his control lawfully required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, must remain until the testimony is closed. (Amended by Stats. 1907, Ch. 395.)
  20. 2065.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 5. OF THE RIGHTS AND DUTIES OF WITNESSES [2064 - 2065] ( Title 5 enacted 1872. )

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    A subpoenaed witness in a civil or administrative matter must be given written notice on the subpoena that the witness may be entitled to fees and mileage.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 5. OF THE RIGHTS AND DUTIES OF WITNESSES [2064 - 2065] ( Title 5 enacted 1872. ) ## 2065. Any witness who is subpoenaed in any civil or administrative action or proceeding shall be given written notice on the subpoena that the witness may be entitled to receive fees and mileage. Such notice shall indicate generally the manner in which the request for fees and mileage should be made. (Added by Stats. 1979, Ch. 67.)
  21. 207.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    The jury commissioner must keep records about juror selection, qualification, assignment, attendance, fees, and mileage, and preserve those records for at least three years; they may be stored electronically or on microfilm.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 207. (a) The jury commissioner shall maintain records regarding selection, qualification, and assignment of prospective jurors. (b) The jury commissioner shall maintain records providing a clear audit trail regarding a juror’s attendance, jury fees, and mileage. (c) All records and papers maintained or compiled by the jury commissioner in connection with the selection or service of a juror may be kept on an electronic or microfilm medium and such records shall be preserved for at least three years after the list used in their selection is prepared, or for any longer period ordered by the court or the jury commissioner. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  22. 2074.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 1. Evidence in Particular Cases [2074 - [2077.]] ( Chapter 1 enacted 1872. )

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    A written offer to pay money or deliver specified property counts as a tender if it is not accepted.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 1. Evidence in Particular Cases [2074 - [2077.]] ( Chapter 1 enacted 1872. ) ## 2074. An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property. (Enacted 1872.)
  23. 2075.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 1. Evidence in Particular Cases [2074 - [2077.]] ( Chapter 1 enacted 1872. )

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    A person who pays money or delivers an instrument or property is entitled to a receipt, and may require a proper signature on it before completing the payment or delivery.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 1. Evidence in Particular Cases [2074 - [2077.]] ( Chapter 1 enacted 1872. ) ## 2075. Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery. (Enacted 1872.)
  24. 2076.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 1. Evidence in Particular Cases [2074 - [2077.]] ( Chapter 1 enacted 1872. )

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    A person who receives a tender must promptly state any objection to the money, instrument, or property, and if the objection concerns the amount, terms, or kind, must say what is required.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 1. Evidence in Particular Cases [2074 - [2077.]] ( Chapter 1 enacted 1872. ) ## 2076. The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it; and if the objection be to the amount of money, the terms of the instrument, or the amount or kind of property, he must specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards. (Enacted 1872.)
  25. 208.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    The jury commissioner must estimate how many prospective jurors are needed and summon them for service.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 208. The jury commissioner shall estimate the number of prospective jurors that may be required to serve the needs of the court, and shall summon prospective jurors for service. Prospective jurors shall be summoned by mailing a summons by first-class mail or by personal service or, in urgency situations, as elsewhere provided by law. The summons, when served by mail, shall be mailed at least 10 days prior to the date of required appearance. Once a prospective juror has been summoned, the date, time, or place of appearance may be modified or further specified by the jury commissioner, by means of written, telegraphic, telephonic, or direct oral communication with the prospective juror. (Amended by Stats. 2003, Ch. 149, Sec. 7. Effective January 1, 2004.)
  26. 209.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    This section lets the court enforce jury summonses, hold non-appearing prospective jurors in contempt, and impose monetary sanctions, with stated notice and hearing steps and dollar caps.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 209. (a) Any prospective trial juror who has been summoned for service, and who fails to attend as directed or to respond to the court or jury commissioner and to be excused from attendance, may be attached and compelled to attend. Following an order to show cause hearing, the court may find the prospective juror in contempt of court, punishable by fine, incarceration, or both, as otherwise provided by law. (b) In lieu of imposing sanctions for contempt as set forth in subdivision (a), the court may impose reasonable monetary sanctions, as provided in this subdivision, on a prospective juror who has not been excused pursuant to Section 204 after first providing the prospective juror with notice and an opportunity to be heard. If a juror fails to respond to the initial summons the court may issue a second summons indicating that the person failed to appear in response to a previous summons and ordering the person to appear for jury duty. The second summons may be issued no earlier than 90 days after the initial failure to appear. Upon the failure of the juror to appear in response to the second summons, the court may issue a failure to appear notice informing the person that failure to respond may result in the imposition of money sanctions. If the prospective juror does not attend the court within the time period as directed by the failure to appear notice, the court shall issue an order to show cause. Payment of monetary sanctions imposed pursuant to this subdivision does not relieve the person of his or her obligation to perform jury duty. (c) (1) The court may give notice of its intent to impose sanctions by either of the following means: (A) Verbally to a prospective juror appearing in person in open court. (B) The issuance on its own motion of an order to show cause requiring the prospective juror to demonstrate reasons for not imposing sanctions. The court may serve the order to show cause by certified or first-class mail. (2) The monetary sanctions imposed pursuant to subdivision (b) may not exceed two hundred fifty dollars ($250) for the first violation, seven hundred fifty dollars ($750) for the second violation, and one thousand five hundred dollars ($1,500) for the third and any subsequent violation. Monetary sanctions may not be imposed on a prospective juror more than once during a single juror pool cycle. The prospective juror may be excused from paying sanctions pursuant to subdivision (b) of Section 204 or in the interests of justice. The full amount of any sanction paid shall be deposited in a bank account established for this purpose by the Administrative Office of the Courts and transmitted from that account monthly to the Controller for deposit in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code. It is the intent of the Legislature that the funds derived from the monetary sanctions authorized in this section be allocated, to the extent feasible, to the family courts and the civil courts. The Judicial Council shall, by rule, provide for a procedure by which a prospective juror against whom a sanction has been imposed by default may move to set aside the default. (Amended (as amended by Stats. 2006, Ch. 567, Sec. 5) by Stats. 2009, Ch. 44, Sec. 1. (SB 319) Effective January 1, 2010. Note: This amendment deleted the former Jan. 1, 2010, repeal date and extended this version's provisions indefinitely.)
  27. 2093.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 3. Administration of Oaths and Affirmations [2093 - 2094] ( Chapter 3 enacted 1872. )

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    Several officials may administer oaths and affirmations, and the Commission on Judicial Performance can certify former judges or justices to do so under stated conditions.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 3. Administration of Oaths and Affirmations [2093 - 2094] ( Chapter 3 enacted 1872. ) ## 2093. (a) A court, judge or clerk of a court, justice, notary public, and officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, has the power to administer oaths and affirmations. (b) (1) A shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) of Chapter 13 of Division 3 of the Business and Professions Code has the power to administer oaths and affirmations and may perform the duties of the deposition officer pursuant to Chapter 9 (commencing with Section 2025.010) of Title 4. The certified shorthand reporter is entitled to receive fees for services rendered during a deposition, including fees for deposition services, as specified in subdivision (c) of Section 8211 of the Government Code. (2) This subdivision also applies to depositions taken by telephone or other remote electronic means as specified in Chapter 2 (commencing with Section 2017.010) and Chapter 9 (commencing with Section 2025.010) of Title 4. (c) (1) A former judge or justice of a court of record in the state who retired or resigned from office may administer oaths and affirmations, if the former judge or justice requests and receives a certification from the Commission on Judicial Performance pursuant to paragraph (2). (2) The Commission on Judicial Performance shall issue a certification enabling a former judge or justice to administer oaths and affirmations if the following conditions are satisfied: (A) The former judge or justice was not removed from office; was not censured and barred from receiving an assignment, appointment, or reference of work from any California state court; did not retire or resign from office with an agreement with the commission that the former judge or justice would not receive an assignment, appointment or reference of work from any California state court; and, at the time of the former judge or justice’s retirement, resignation, or request for certification, a formal disciplinary proceeding was not pending or was resolved on the merits in the judge or justice’s favor after his or her retirement or resignation and before the request for certification. (B) A medical certification provided to the commission by the former judge or justice pursuant to paragraph (3) establishes one of the following: (i) The former judge or justice does not have a medical condition that would impair his or her ability to administer oaths or affirmations. (ii) The former judge or justice has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the present time. (3) The Commission on Judicial Performance may require an applicant to obtain a medical certification in order to receive or renew a certification to administer oaths and affirmations if, at the time of resignation or retirement, there is evidence in a disability application file or in a disciplinary investigation file of possible cognitive impairment affecting the judge or justice, or if the former judge or justice previously received a two-year certification to administer oaths and affirmations from the commission. The commission shall supply the required forms to an applicant upon request. (4) If an applicant’s medical certification indicates that the applicant has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the time the medical certification is submitted with the application, the Commission on Judicial Performance shall issue a certification to administer oaths and affirmations pursuant to paragraph (2), but the certification is only valid for a period of two years from the date of issuance. (5) Notwithstanding paragraph (1), a former judge or justice of a court of record who received a certification to administer oaths and affirmations from the Commission on Judicial Performance prior to January 1, 2018, may continue to administer oaths and affirmations until the expiration of the certification, at which time he or she may reapply for certification pursuant to paragraph (2). (6) The Commission on Judicial Performance may charge a regulatory fee not to exceed fifteen dollars ($15) for each certification application submitted pursuant to this subdivision to cover its costs, including costs to review a medical certification. (d) A rule or regulation regarding the confidentiality of proceedings of the Commission on Judicial Performance does not prohibit the commission from issuing a certificate as provided for in this section. (e) The administration of an oath or affirmation pursuant to this section without pay does not violate Section 75060.6 of the Government Code. (Amended by Stats. 2018, Ch. 92, Sec. 46. (SB 1289) Effective January 1, 2019.)
  28. 2094.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 3. Administration of Oaths and Affirmations [2093 - 2094] ( Chapter 3 enacted 1872. )

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    A court may administer an oath, affirmation, or declaration in an action or proceeding, and it must make sure the witness understands the testimony is under penalty of perjury.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS [2074 - 2094] ( Title 6 enacted 1872. ) ## CHAPTER 3. Administration of Oaths and Affirmations [2093 - 2094] ( Chapter 3 enacted 1872. ) ## 2094. (a) An oath, affirmation, or declaration in an action or a proceeding, may be administered by obtaining an affirmative response to one of the following questions: (1) “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?” (2) “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?” (b) In the alternative to the forms prescribed in subdivision (a), the court may administer an oath, affirmation, or declaration in an action or a proceeding in a manner that is calculated to awaken the person’s conscience and impress the person’s mind with the duty to tell the truth. The court shall satisfy itself that the person testifying understands that his or her testimony is being given under penalty of perjury. (Amended by Stats. 2002, Ch. 806, Sec. 17. Effective January 1, 2003.)
  29. 21.

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

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    This provision says the remedies are divided into two classes: actions and special proceedings.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 21. These remedies are divided into two classes: 1. Actions; and, 2. Special proceedings. (Enacted 1872.)
  30. 210.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    A jury summons must state the appearance date, time, and place for the prospective juror, or give instructions for calling the jury commissioner for telephonic appearance instructions.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 210. The summons shall contain the date, time, and place of appearance required of the prospective juror or, alternatively, instructions as to the procedure for calling the jury commissioner for telephonic instructions for appearance as well as such additional juror information as deemed appropriate by the jury commissioner. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  31. 210.5.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    The Judicial Council must adopt a standardized jury summons and include a reference to the rules for breast-feeding mothers.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 210.5. The Judicial Council shall adopt a standardized jury summons for use, with appropriate modifications, around the state, that is understandable and has consumer appeal. The standardized jury summons shall include a specific reference to the rules for breast-feeding mothers. The use of the standardized jury summons shall be voluntary, unless otherwise prescribed by the rules of court. (Added by Stats. 2000, Ch. 266, Sec. 2. Effective January 1, 2001.)
  32. 2100.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

    Verify source ↗

    This title applies only to federal tax liens and certain other federal lien notices filed the same way as federal tax lien notices.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2100. This title applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens. (Added by Stats. 1979, Ch. 330.)
  33. 2101.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

    Verify source ↗

    Federal tax lien notices and related certificates must be filed with the correct office under this section.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2101. (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this title. (b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed for record in the office of the recorder of the county in which the real property subject to the liens is situated. (c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows: (1) If the person against whose interest the lien applies is a corporation, a limited liability company, or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State. (2) If the person against whose interest the lien applies is a trust that is not covered by paragraph (1), in the office of the Secretary of State. (3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State. (4) In all other cases, in the office of the recorder of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien. (Amended by Stats. 1997, Ch. 892, Sec. 2. Effective January 1, 1998.)
  34. 2102.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

    Verify source ↗

    Certified notices of federal liens may be filed, and no additional attestation, certification, or acknowledgment is required.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2102. Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his or her delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary. (Added by Stats. 1979, Ch. 330.)
  35. 2103.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

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    This section tells filing officers how to handle federal lien notices and related certificates, including filing, indexing, issuing copies, and setting certain fees.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2103. (a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subdivision (b) is presented to a filing officer who is: (1) The Secretary of State, he or she shall cause the notice to be filed, indexed, and marked in accordance with the provisions of Sections 9515, 9516, and 9522 of the Commercial Code as if the notice were a financing statement within the meaning of that code; or (2) A county recorder, he or she shall accept for filing, file for record in the manner set forth in Section 27320 of the Government Code, and index the document by the name of the person against whose interest the lien applies in the general index. (b) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the Secretary of State for filing he or she shall: (1) Cause a certificate of release or nonattachment to be filed, indexed, and marked as if the certificate were a termination statement within the meaning of the Commercial Code. (2) Cause a certificate of discharge or subordination to be filed, indexed, and marked as if the certificate were a release of collateral within the meaning of the Commercial Code. (c) If a refiled notice of federal lien referred to in subdivision (a) or any of the certificates or notices referred to in subdivision (b) is presented for filing to a county recorder, he or she shall accept for filing, file for record in the manner set forth in Section 27320 of the Government Code, and index the document by the name of the person against whose interest the lien applies in the general index. (d) Upon request of any person, the filing officer shall issue his or her certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed after January 1, 1968, under this title or former Chapter 14 (commencing with Section 7200) of Division 7 of Title 1 of the Government Code, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien. If the filing officer is a county recorder, the fee for a certificate for each name searched shall be set by the filing officer in an amount that covers actual costs, and the fee for copies shall be in accordance with Section 27366 of the Government Code. If the filing officer is the Secretary of State, the certificate shall be issued as part of a combined certificate pursuant to Section 9528 of the Commercial Code, and the fee for the certificate and copies shall be in accordance with that section. (Amended by Stats. 2012, Ch. 494, Sec. 2. (SB 1532) Effective January 1, 2013.)
  36. 2104.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

    Verify source ↗

    This section sets the fees for recording and indexing lien notices and requires the officer to bill certain federal officials monthly for those fees.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2104. The fee charged for recording and indexing each notice of lien or certificate or notice affecting the lien filed with the county recorder shall be the same as those established by Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code for the recording and indexing of documents. The fee for filing and indexing each notice of lien or certificate or notice affecting the lien with the office of the Secretary of State is set forth in subdivision (a) of Section 12194 of the Government Code. The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents recorded or filed by the county recorder or the Secretary of State. (Amended by Stats. 1999, Ch. 1000, Sec. 13. Effective January 1, 2000.)
  37. 2105.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

    Verify source ↗

    Filing officers must keep a special file for certain federal tax lien notices filed before January 2, 1968, and file later certificates or notices affecting an old lien in the same office.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2105. Filing officers with whom notices of federal tax liens, certificates and notices affecting such liens have been filed on or before January 1, 1968, shall, after that date, continue to maintain a file labeled “federal tax lien notices filed prior to January 2, 1968” containing notices and certificates filed in numerical order of receipt. If a notice of lien was filed on or before January 1, 1968, any certificate or notice affecting the lien shall be filed in the same office. (Added by Stats. 1979, Ch. 330.)
  38. 2106.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

    Verify source ↗

    This title must be applied and interpreted to help make the law on its subject uniform among states that enact it.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2106. This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it. (Added by Stats. 1979, Ch. 330.)
  39. 2106.5.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

    Verify source ↗

    This title is to be interpreted to allow electronic or magnetic transmission, filing, recording, and indexing of notices of federal tax liens and related certificates.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2106.5. This title shall be applied and construed to permit the transmission, filing, recording, and indexing of notices of federal tax liens and all certificates that relate to or affect those liens, including, but not limited to, certificates of release, discharge, subordination, and nonattachment, by electronic or magnetic means, using computerized data processing, telecommunications, and other similar information technologies available to the filing offices. (Added by Stats. 1998, Ch. 463, Sec. 1. Effective January 1, 1999.)
  40. 2107.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. )

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    This title may be cited as the Uniform Federal Lien Registration Act.

    ## Code of Civil Procedure - CCP ## PART 4. MISCELLANEOUS PROVISIONS [1855 - 2107] ( Heading of Part 4 amended by Stats. 1965, Ch. 299. ) ## TITLE 7. UNIFORM FEDERAL LIEN REGISTRATION ACT [2100 - 2107] ( Title 7 added by Stats. 1979, Ch. 330. ) ## 2107. This title may be cited as the Uniform Federal Lien Registration Act. (Added by Stats. 1979, Ch. 330.)
  41. 211.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    If no prospective jurors are available for voir dire and skipping voir dire would endanger a party’s right to jury trial, the court may order the sheriff or marshal to bring in enough qualified citizens to finish the jury panel.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 211. When a court has no prospective jurors remaining available for voir dire from panels furnished by, or available from, the jury commissioner, and finds that not proceeding with voir dire will place a party’s right to a trial by jury in jeopardy, the court may direct the sheriff or marshal to summon, serve, and immediately attach the person of a sufficient number of citizens having the qualifications of jurors, to complete the panel. (Amended by Stats. 1996, Ch. 872, Sec. 7. Effective January 1, 1997.)
  42. 213.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    Summoned prospective jurors must be available by one-hour telephone notice to appear for service unless excused for undue hardship.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 213. Unless excused by reason of undue hardship, all or any portion of the summoned prospective jurors shall be available on one-hour notice by telephone to appear for service, when the jury commissioner determines that it will efficiently serve the operational requirements of the court. Jurors available on one-hour telephone notice shall receive credit for each day of such availability towards their jury service obligation, but they shall not be paid unless they are actually required to make an appearance. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  43. 214.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    The jury commissioner must provide orientation to new jurors and notify each juror of the specified Government Code paragraph.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 214. The jury commissioner shall provide orientation for new jurors, which shall include necessary basic information concerning jury service. The jury commissioner shall notify each juror of paragraph (1) of subdivision (a) of Section 12945.8 of the Government Code. (Amended by Stats. 2024, Ch. 967, Sec. 1. (AB 2499) Effective January 1, 2025.)
  44. 215.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    The section sets juror pay, mileage reimbursement, and rules for providing no-cost public transit access for summoned jurors and prospective jurors.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 215. (a) Except as provided in subdivision (b), on and after July 1, 2000, the fee for jurors in the superior court, in civil and criminal cases, is fifteen dollars ($15) a day for each day’s attendance as a juror after the first day. (b) A juror who is employed by a federal, state, or local government entity, or by any other public entity as defined in Section 481.200, and who receives regular compensation and benefits while performing jury service, shall not be paid the fee described in subdivision (a). (c) All jurors in the superior court, in civil and criminal cases, shall be reimbursed for mileage at the rate of thirty-four cents ($0.34) per mile for each mile actually traveled in attending and returning from court as a juror after the first day. (d) All jurors and prospective jurors who have been summoned shall be provided with access to existing public transit services at no cost utilizing one of the following options: (1) Courts may partner with public transit operators in their county to create new programs or continue existing public transit programs that provide no-cost service for jurors and prospective jurors who have been summoned. (2) A method of reimbursement determined by the court up to a daily maximum of twelve dollars ($12). (e) Subdivision (d) does not apply to a court in an area where a public transit operator does not provide existing service that is reasonably available to the court facility. (f) In determining whether transit service is reasonably available to the court facility, the court shall consider factors that include, but are not limited to, all of the following: (1) Proximity of transit service to the court location. (2) Hours of operation of transit service in the vicinity of the court location. (3) Frequency of operation of transit service in the vicinity of the court location. (4) Availability of transit access to all areas of the court’s jurisdiction from which a potential juror may reside. (g) Prior to determining that transit service is not reasonably available to the court facility, the court shall contact the public transit operator to inquire whether new transit options may be implemented near the court. (Amended by Stats. 2022, Ch. 326, Sec. 2. (AB 1981) Effective January 1, 2023.)
  45. 216.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    Courts must provide jury deliberation rooms at court facilities where jury cases are heard, and the rooms must be suitably equipped and designed to limit intrusions. Jury assembly facilities are limited to jurors and jury commissioner staff unless the jury commissioner authorizes אחרת.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 216. (a) At each court facility where jury cases are heard, the court shall provide a deliberation room or rooms for use of jurors when they have retired for deliberation. The deliberation rooms shall be designed to minimize unwarranted intrusions by other persons in the court facility, shall have suitable furnishings, equipment, and supplies, and shall also have restroom accommodations for male and female jurors. (b) Unless authorized by the jury commissioner, jury assembly facilities shall be restricted to use by jurors and jury commissioner staff. (Amended by Stats. 2020, Ch. 210, Sec. 1. (AB 1984) Effective January 1, 2021.)
  46. 217.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    In criminal cases, while the jury is kept together, the court may order the sheriff or marshal to provide suitable food, lodging, or other reasonable necessities, and the related expenses must be charged to and paid from the county’s Trial Court Operations Fund.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 217. In criminal cases only, while the jury is kept together, either during the progress of the trial or after their retirement for deliberation, the court may direct the sheriff or marshal to provide the jury with suitable and sufficient food and lodging, or other reasonable necessities. The expenses incurred under this section shall be charged against the Trial Court Operations Fund of the county in which the court is held. All those expenses shall be paid on the order of the court. (Amended by Stats. 2002, Ch. 784, Sec. 49. Effective January 1, 2003.)
  47. 218.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    The jury commissioner must hear excuses from summoned jurors under Judicial Council standards. The commissioner may accept an excuse without a personal appearance. Excuses must be in writing and signed by the juror.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 218. The jury commissioner shall hear the excuses of jurors summoned, in accordance with the standards prescribed by the Judicial Council. It shall be left to the discretion of the jury commissioner to accept an excuse under subdivision (b) of Section 204 without a personal appearance. All excuses shall be in writing setting forth the basis of the request and shall be signed by the juror. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  48. 219.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    The jury commissioner must randomly select jurors for jury panels for voir dire, but peace officers are excluded from voir dire selection in the situations described here.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 219. (a) Except as provided in subdivision (b), the jury commissioner shall randomly select jurors for jury panels to be sent to courtrooms for voir dire. (b) (1) Notwithstanding subdivision (a), no peace officer, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivision (a) of Section 830.33, of the Penal Code, shall be selected for voir dire in civil or criminal matters. (2) Notwithstanding subdivision (a), no peace officer, as defined in subdivisions (b) and (c) of Section 830.2 of the Penal Code, shall be selected for voir dire in criminal matters. (Amended by Stats. 2001, Ch. 55, Sec. 1. Effective January 1, 2002.)
  49. 219.5.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    The Judicial Council must adopt a rule of court by January 1, 2005, requiring trial courts to set jury-service procedures that provide scheduling accommodations for peace officers when necessary.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 219.5. The Judicial Council shall adopt a rule of court, on or before January 1, 2005, requiring the trial courts to establish procedures for jury service that gives peace officers, as defined by Section 830.5 of the Penal Code, scheduling accommodations when necessary. (Added by Stats. 2003, Ch. 353, Sec. 1. Effective January 1, 2004.)
  50. 22.

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

    Verify source ↗

    This section defines an “action” as an ordinary court proceeding used to seek declaration, enforcement, or protection of a right, or to obtain redress, prevention, or punishment related to a wrong or public offense.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 22. An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. (Amended by Stats. 1933, Ch. 742.)
  51. 220.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    A trial jury must have 12 people, unless the case is a civil action or misdemeanor case and the parties agree to a smaller jury.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 220. A trial jury shall consist of 12 persons, except that in civil actions and cases of misdemeanor, it may consist of 12 or any number less than 12, upon which the parties may agree. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  52. 222.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    The clerk must randomly select jurors for voir dire in jury trials, unless subdivision (b) applies. If the jury commissioner has provided a random panel list, the court must seat prospective jurors in that list order.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 222. (a) Except as provided in subdivision (b), when an action is called for trial by jury, the clerk shall randomly select the names of the jurors for voir dire, until the jury is selected or the panel is exhausted. (b) When the jury commissioner has provided the court with a listing of the trial jury panel in random order, the court shall seat prospective jurors for voir dire in the order provided by the panel list. (Amended by Stats. 2007, Ch. 263, Sec. 4. Effective January 1, 2008.)
  53. 222.5.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    In a civil jury trial, the trial judge must manage voir dire, allow counsel participation, and provide juror lists at the earliest practical time.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 222.5. (a) To select a fair and impartial jury in a civil jury trial, the trial judge shall conduct an initial examination of prospective jurors. At the final status conference or at the first practical opportunity prior to voir dire, whichever comes first, the trial judge shall consider and discuss with counsel the form and subject matter of voir dire questions. Before voir dire by the trial judge, the parties may submit questions to the trial judge. The trial judge may include additional questions requested by the parties as the trial judge deems proper. (b) (1) Upon completion of the trial judge’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any of the prospective jurors in order to enable counsel to intelligently exercise both peremptory challenges and challenges for cause. The scope of the examination conducted by counsel shall be within reasonable limits prescribed by the trial judge in the judge’s sound discretion subject to the provisions of this chapter. During any examination conducted by counsel for the parties, the trial judge shall permit liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case before the court. The fact that a topic has been included in the trial judge’s examination shall not preclude appropriate followup questioning in the same area by counsel. The trial judge shall permit counsel to conduct voir dire examination without requiring prior submission of the questions unless a particular counsel engages in improper questioning. (2) The trial judge shall not impose specific unreasonable or arbitrary time limits or establish an inflexible time limit policy for voir dire. (3) For purposes of this section, an “improper question” is any question that, as its dominant purpose, attempts to precondition the prospective jurors to a particular result, indoctrinate the jury, or question the prospective jurors concerning the pleadings or the applicable law. (c) (1) In exercising the judge’s sound discretion, the trial judge shall give due consideration to all of the following: (A) The amount of time requested by trial counsel. (B) Any unique or complex elements, legal or factual, in the case. (C) Length of the trial. (D) Number of parties. (E) Number of witnesses. (F) Whether the case is designated as a complex or long cause. (2) As voir dire proceeds, the judge shall permit supplemental time for questioning based on any of the following: (A) Individual responses or conduct of jurors that may evince attitudes inconsistent with suitability to serve as a fair and impartial juror in the particular case. (B) Composition of the jury panel. (C) An unusual number of for cause challenges. (d) Upon the request of a party, the trial judge shall allow a brief opening statement by counsel for each party prior to the commencement of the oral questioning phase of the voir dire process. (e) In civil cases, the trial judge may, upon stipulation by counsel for all the parties appearing in the action, permit counsel to examine the prospective jurors outside a judge’s presence. (f) A trial judge shall not arbitrarily or unreasonably refuse to submit reasonable written questionnaires, the contents of which are determined by the court in its sound discretion, when requested by counsel. If a questionnaire is utilized, the parties shall be given reasonable time to evaluate the responses to the questionnaires before oral questioning commences. (g) To help facilitate the jury selection process, at the earliest practical time, the judge in a civil trial shall provide the parties with both the alphabetical list and the list of prospective jurors in the order in which they will be called. (Amended by Stats. 2017, Ch. 337, Sec. 1. (SB 658) Effective January 1, 2018.)
  54. 223.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    This section sets rules for criminal jury voir dire: the trial judge must start examining prospective jurors, allow counsel to question them, and manage the process within stated limits.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 223. (a) To select a fair and impartial jury in a criminal jury trial, the trial judge shall conduct an initial examination of prospective jurors. At the first practical opportunity prior to voir dire, the trial judge shall consider the form and subject matter of voir dire questions. Before voir dire by the trial judge, the parties may submit questions to the trial judge. The trial judge may include additional questions requested by the parties as the trial judge deems proper. (b) (1) Upon completion of the trial judge’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any of the prospective jurors. The scope of the examination conducted by counsel shall be within reasonable limits prescribed by the trial judge in the judge’s sound discretion subject to the provisions of this chapter. During any examination conducted by counsel for the parties, the trial judge shall permit liberal and probing examination calculated to discover bias or prejudice with regard to the circumstances of the particular case or the parties before the court. The fact that a topic has been included in the trial judge’s examination shall not preclude appropriate followup questioning in the same area by counsel. The trial judge should permit counsel to conduct voir dire examination without requiring prior submission of the questions unless a particular counsel engages in improper questioning. (2) The trial judge shall not impose specific unreasonable or arbitrary time limits or establish an inflexible time limit policy for voir dire. As voir dire proceeds, the trial judge shall permit supplemental time for questioning based on individual responses or conduct of jurors that may evince attitudes inconsistent with suitability to serve as a fair and impartial juror in the particular case. (3) For purposes of this section, an “improper question” is any question that, as its dominant purpose, attempts to precondition the prospective jurors to a particular result or indoctrinate the jury. (c) In exercising the judge’s sound discretion, the trial judge shall consider all of the following: (1) The amount of time requested by trial counsel. (2) Any unique or complex legal or factual elements in the case. (3) The length of the trial. (4) The number of parties. (5) The number of witnesses. (d) Voir dire of any prospective jurors shall, where practicable, take place in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause. (e) The trial judge shall, in his or her sound discretion, consider reasonable written questionnaires when requested by counsel. If a questionnaire is utilized, the parties shall be given reasonable time to evaluate the responses to the questionnaires before oral questioning commences. (f) To help facilitate the jury selection process, at the earliest practical time, the trial judge in a criminal trial shall provide the parties with the list of prospective jurors in the order in which they will be called. (g) The trial judge’s exercise of discretion in the manner in which voir dire is conducted, including any limitation on the time that will be allowed for direct questioning of prospective jurors by counsel and any determination that a question is not in aid of the exercise of challenges for cause, is not cause for a conviction to be reversed, unless the exercise of that discretion results in a miscarriage of justice, as specified in Section 13 of Article VI of the California Constitution. (Repealed and added by Stats. 2017, Ch. 302, Sec. 2. (AB 1541) Effective January 1, 2018. Note: This section was added on June 5, 1990, by initiative Prop. 115 (the Crime Victims Justice Reform Act).)
  55. 224.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    When an eligible disabled juror is not removed by challenge, the party must agree to a service provider in the jury room and give proposed instructions to the court. The court must appoint needed service providers and instruct them not to join deliberations except to help communication.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 224. (a) If a party does not cause the removal by challenge of an individual juror who is deaf, hard of hearing, blind, visually impaired, or speech impaired and who requires auxiliary services to facilitate communication, the party shall stipulate to the presence of a service provider in the jury room during jury deliberations, and prepare and deliver to the court proposed jury instructions to the service provider. (b) As used in this section, “service provider” includes, but is not limited to, a person who is a sign language interpreter, oral interpreter, deaf-blind interpreter, reader, or speech interpreter. If auxiliary services are required during the course of jury deliberations, the court shall instruct the jury and the service provider that the service provider for the juror with a disability is not to participate in the jury’s deliberations in any manner except to facilitate communication between the juror with a disability and other jurors. (c) The court shall appoint a service provider whose services are needed by a juror with a disability to facilitate communication or participation. A sign language interpreter, oral interpreter, or deaf-blind interpreter appointed pursuant to this section shall be a qualified interpreter, as defined in subdivision (f) of Section 754 of the Evidence Code. Service providers appointed by the court under this subdivision shall be compensated in the same manner as provided in subdivision (i) of Section 754 of the Evidence Code. (Amended by Stats. 2016, Ch. 94, Sec. 3. (AB 1709) Effective January 1, 2017.)
  56. 225.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    This section defines jury challenges and says panel challenges must be made before the jury is sworn, put in writing, and state the facts clearly.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 225. A challenge is an objection made to the trial jurors that may be taken by any party to the action, and is of the following classes and types: (a) A challenge to the trial jury panel for cause. (1) A challenge to the panel may only be taken before a trial jury is sworn. The challenge shall be reduced to writing, and shall plainly and distinctly state the facts constituting the ground of challenge. (2) Reasonable notice of the challenge to the jury panel shall be given to all parties and to the jury commissioner, by service of a copy thereof. (3) The jury commissioner shall be permitted the services of legal counsel in connection with challenges to the jury panel. (b) A challenge to a prospective juror by either: (1) A challenge for cause, for one of the following reasons: (A) General disqualification—that the juror is disqualified from serving in the action on trial. (B) Implied bias—as, when the existence of the facts as ascertained, in judgment of law disqualifies the juror. (C) Actual bias—the existence of a state of mind on the part of the juror in reference to the case, or to any of the parties, which will prevent the juror from acting with entire impartiality, and without prejudice to the substantial rights of any party. (2) A peremptory challenge to a prospective juror. (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
  57. 226.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    Rules for challenging individual jurors: timing, order, and how peremptory challenges work.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 226. (a) A challenge to an individual juror may only be made before the jury is sworn. (b) A challenge to an individual juror may be taken orally or may be made in writing, but no reason need be given for a peremptory challenge, and the court shall exclude any juror challenged peremptorily. (c) All challenges for cause shall be exercised before any peremptory challenges may be exercised. (d) All challenges to an individual juror, except a peremptory challenge, shall be taken, first by the defendants, and then by the people or plaintiffs. (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
  58. 227.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    Either party may take challenges for cause separately instead of all at once.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 227. The challenges of either party for cause need not all be taken at once, but they may be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class and type: (a) To the panel. (b) To an individual juror, for a general disqualification. (c) To an individual juror, for an implied bias. (d) To an individual juror, for an actual bias. (Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
  59. 228.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    A party may challenge a juror for general disqualification only on the grounds stated in this section.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 228. Challenges for general disqualification may be taken on one or both of the following grounds, and for no other: (a) A want of any of the qualifications prescribed by this code to render a person competent as a juror. (b) The existence of any incapacity which satisfies the court that the challenged person is incapable of performing the duties of a juror in the particular action without prejudice to the substantial rights of the challenging party. (Amended by Stats. 2002, Ch. 1008, Sec. 1. Effective January 1, 2003.)
  60. 229.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    A challenge for implied bias may be made only for the listed causes.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 229. A challenge for implied bias may be taken for one or more of the following causes, and for no other: (a) Consanguinity or affinity within the fourth degree to any party, to an officer of a corporation which is a party, or to any alleged witness or victim in the case at bar. (b) Standing in the relation of, or being the parent, spouse, or child of one who stands in the relation of, guardian and ward, conservator and conservatee, master and servant, employer and clerk, landlord and tenant, principal and agent, or debtor and creditor, to either party or to an officer of a corporation which is a party, or being a member of the family of either party; or a partner in business with either party; or surety on any bond or obligation for either party, or being the holder of bonds or shares of capital stock of a corporation which is a party; or having stood within one year previous to the filing of the complaint in the action in the relation of attorney and client with either party or with the attorney for either party. A depositor of a bank or a holder of a savings account in a savings and loan association shall not be deemed a creditor of that bank or savings and loan association for the purpose of this paragraph solely by reason of his or her being a depositor or account holder. (c) Having served as a trial or grand juror or on a jury of inquest in a civil or criminal action or been a witness on a previous or pending trial between the same parties, or involving the same specific offense or cause of action; or having served as a trial or grand juror or on a jury within one year previously in any criminal or civil action or proceeding in which either party was the plaintiff or defendant or in a criminal action where either party was the defendant. (d) Interest on the part of the juror in the event of the action, or in the main question involved in the action, except his or her interest as a member or citizen or taxpayer of a county, city and county, incorporated city or town, or other political subdivision of a county, or municipal water district. (e) Having an unqualified opinion or belief as to the merits of the action founded upon knowledge of its material facts or of some of them. (f) The existence of a state of mind in the juror evincing enmity against, or bias towards, either party. (g) That the juror is party to an action pending in the court for which he or she is drawn and which action is set for trial before the panel of which the juror is a member. (h) If the offense charged is punishable with death, the entertaining of such conscientious opinions as would preclude the juror finding the defendant guilty; in which case the juror may neither be permitted nor compelled to serve. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  61. 23.

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

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    Other remedies are treated as special proceedings.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 23. Every other remedy is a special proceeding. (Enacted 1872.)
  62. 230.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    Challenges for cause are tried by the court, and the challenged juror or any other person may be examined as a witness and must answer questions truthfully.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 230. Challenges for cause shall be tried by the court. The juror challenged and any other person may be examined as a witness in the trial of the challenge, and shall truthfully answer all questions propounded to them. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  63. 231.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

    Verify source ↗

    This section sets the number of peremptory challenges in criminal and civil cases, and gives the court rules for dividing parties and managing the jury process.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 231. (a) In criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant is entitled to 20 and the people to 20 peremptory challenges. Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges. When two or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant shall also be entitled to five additional challenges which may be exercised separately, and the people shall also be entitled to additional challenges equal to the number of all the additional separate challenges allowed the defendants. (b) If the offense charged is punishable with a maximum term of imprisonment of 90 days or less, the defendant is entitled to six and the state to six peremptory challenges. When two or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant shall also be entitled to four additional challenges which may be exercised separately, and the state shall also be entitled to additional challenges equal to the number of all the additional separate challenges allowed the defendants. (c) In civil cases, each party shall be entitled to six peremptory challenges. If there are more than two parties, the court shall, for the purpose of allotting peremptory challenges, divide the parties into two or more sides according to their respective interests in the issues. Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible. If there are more than two sides, the court shall grant such additional peremptory challenges to a side as the interests of justice may require, provided that the peremptory challenges of one side shall not exceed the aggregate number of peremptory challenges of all other sides. If any party on a side does not use his or her full share of peremptory challenges, the unused challenges may be used by the other party or parties on the same side. (d) Peremptory challenges shall be taken or passed by the sides alternately, commencing with the plaintiff or people, and each party shall be entitled to have the panel full before exercising any peremptory challenge. When each side passes consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order. The number of peremptory challenges remaining with a side shall not be diminished by any passing of a peremptory challenge. (e) If all the parties on both sides pass consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order. The number of peremptory challenges remaining with a side shall not be diminished by any passing of a peremptory challenge. (f) This section shall become operative on January 1, 2021. (Repealed (in Sec. 2) and added by Stats. 2016, Ch. 33, Sec. 3. (SB 843) Effective June 27, 2016. Section operative January 1, 2021, by its own provisions.)
  64. 231.5.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    A party may not use a peremptory challenge to remove a prospective juror based on an assumption of bias tied to certain listed characteristics or similar grounds.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 231.5. A party shall not use a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of a characteristic listed or defined in Section 11135 of the Government Code, or similar grounds. (Amended by Stats. 2015, Ch. 115, Sec. 1. (AB 87) Effective January 1, 2016.)
  65. 231.7.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    This section bars using peremptory challenges to remove jurors based on protected traits and sets a process for objections, court review, and remedies.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 231.7. (a) A party shall not use a peremptory challenge to remove a prospective juror on the basis of the prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups. (b) A party, or the trial court on its own motion, may object to the improper use of a peremptory challenge under subdivision (a). After the objection is made, any further discussion shall be conducted outside the presence of the panel. The objection shall be made before the jury is impaneled, unless information becomes known that could not have reasonably been known before the jury was impaneled. (c) Notwithstanding Section 226, upon objection to the exercise of a peremptory challenge pursuant to this section, the party exercising the peremptory challenge shall state the reasons the peremptory challenge has been exercised. (d) (1) The court shall evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. The court shall consider only the reasons actually given and shall not speculate on, or assume the existence of, other possible justifications for the use of the peremptory challenge. If the court determines there is a substantial likelihood that an objectively reasonable person would view race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, as a factor in the use of the peremptory challenge, then the objection shall be sustained. The court need not find purposeful discrimination to sustain the objection. The court shall explain the reasons for its ruling on the record. A motion brought under this section shall also be deemed a sufficient presentation of claims asserting the discriminatory exclusion of jurors in violation of the United States and California Constitutions. (2) (A) For purposes of this section, an objectively reasonable person is aware that unconscious bias, in addition to purposeful discrimination, have resulted in the unfair exclusion of potential jurors in the State of California. (B) For purposes of this section, a “substantial likelihood” means more than a mere possibility but less than a standard of more likely than not. (C) For purposes of this section, “unconscious bias” includes implicit and institutional biases. (3) In making its determination, the circumstances the court may consider include, but are not limited to, any of the following: (A) Whether any of the following circumstances exist: (i) The objecting party is a member of the same perceived cognizable group as the challenged juror. (ii) The alleged victim is not a member of that perceived cognizable group. (iii) Witnesses or the parties are not members of that perceived cognizable group. (B) Whether race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, bear on the facts of the case to be tried. (C) The number and types of questions posed to the prospective juror, including, but not limited to, any of the following: (i) Consideration of whether the party exercising the peremptory challenge failed to question the prospective juror about the concerns later stated by the party as the reason for the peremptory challenge pursuant to subdivision (c). (ii) Whether the party exercising the peremptory challenge engaged in cursory questioning of the challenged potential juror. (iii) Whether the party exercising the peremptory challenge asked different questions of the potential juror against whom the peremptory challenge was used in contrast to questions asked of other jurors from different perceived cognizable groups about the same topic or whether the party phrased those questions differently. (D) Whether other prospective jurors, who are not members of the same cognizable group as the challenged prospective juror, provided similar, but not necessarily identical, answers but were not the subject of a peremptory challenge by that party. (E) Whether a reason might be disproportionately associated with a race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups. (F) Whether the reason given by the party exercising the peremptory challenge was contrary to or unsupported by the record. (G) Whether counsel or counsel’s office, if it is a public entity, exercising the challenge has used peremptory challenges disproportionately against a given race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, in the present case or in past cases, including whether the counsel or counsel’s office, if it is a public entity, who made the challenge has a history of prior violations under Batson v. Kentucky (1986) 476 U.S. 79, People v. Wheeler (1978) 22 Cal.3d 258, Section 231.5, or this section. (e) A peremptory challenge for any of the following reasons is presumed to be invalid unless the party exercising the peremptory challenge can show by clear and convincing evidence that an objectively reasonable person would view the rationale as unrelated to a prospective juror’s race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, and that the reasons articulated bear on the prospective juror’s ability to be fair and impartial in the case: (1) Expressing a distrust of or having a negative experience with law enforcement or the criminal legal system. (2) Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner. (3) Having a close relationship with people who have been stopped, arrested, or convicted of a crime. (4) A prospective juror’s neighborhood. (5) Having a child outside of marriage. (6) Receiving state benefits. (7) Not being a native English speaker. (8) The ability to speak another language. (9) Dress, attire, or personal appearance. (10) Employment in a field that is disproportionately occupied by members listed in subdivision (a) or that serves a population disproportionately comprised of members of a group or groups listed in subdivision (a). (11) Lack of employment or underemployment of the prospective juror or prospective juror’s family member. (12) A prospective juror’s apparent friendliness with another prospective juror of the same group as listed in subdivision (a). (13) Any justification that is similarly applicable to a questioned prospective juror or jurors, who are not members of the same cognizable group as the challenged prospective juror, but were not the subject of a peremptory challenge by that party. The unchallenged prospective juror or jurors need not share any other characteristics with the challenged prospective juror for peremptory challenge relying on this justification to be considered presumptively invalid. (f) For purposes of subdivision (e), the term “clear and convincing” refers to the degree of certainty the factfinder must have in determining whether the reasons given for the exercise of a peremptory challenge are unrelated to the prospective juror’s cognizable group membership, bearing in mind conscious and unconscious bias. To determine that a presumption of invalidity has been overcome, the factfinder shall determine that it is highly probable that the reasons given for the exercise of a peremptory challenge are unrelated to conscious or unconscious bias and are instead specific to the juror and bear on that juror’s ability to be fair and impartial in the case. (g) (1) The following reasons for peremptory challenges have historically been associated with improper discrimination in jury selection: (A) The prospective juror was inattentive, or staring or failing to make eye contact. (B) The prospective juror exhibited either a lack of rapport or problematic attitude, body language, or demeanor. (C) The prospective juror provided unintelligent or confused answers. (2) The reasons set forth in paragraph (1) are presumptively invalid unless the trial court is able to confirm that the asserted behavior occurred, based on the court’s own observations or the observations of counsel for the objecting party. Even with that confirmation, the counsel offering the reason shall explain why the asserted demeanor, behavior, or manner in which the prospective juror answered questions matters to the case to be tried. (h) Upon a court granting an objection to the improper exercise of a peremptory challenge, the court shall do one or more of the following: (1) Quash the jury venire and start jury selection anew. This remedy shall be provided if requested by the objecting party. (2) If the motion is granted after the jury has been impaneled, declare a mistrial and select a new jury if requested by the defendant. (3) Seat the challenged juror. (4) Provide the objecting party additional challenges. (5) Provide another remedy as the court deems appropriate. (i) This section applies in all jury trials in which jury selection begins on or after January 1, 2022. (j) The denial of an objection made under this section shall be reviewed by the appellate court de novo, with the trial court’s express factual findings reviewed for substantial evidence. The appellate court shall not impute to the trial court any findings, including findings of a prospective juror’s demeanor, that the trial court did not expressly state on the record. The reviewing court shall consider only reasons actually given under subdivision (c) and shall not speculate as to or consider reasons that were not given to explain either the party’s use of the peremptory challenge or the party’s failure to challenge similarly situated jurors who are not members of the same cognizable group as the challenged juror, regardless of whether the moving party made a comparative analysis argument in the trial court. Should the appellate court determine that the objection was erroneously denied, that error shall be deemed prejudicial, the judgment shall be reversed, and the case remanded for a new trial. (k) (1) Except as specified in paragraph (2), this section shall not apply to civil cases. (2) This section shall apply in the following civil cases: (A) Civil cases involving a civil rights violation, including the following: (i) Actions alleging a violation against a protected class enumerated in subdivision (a). (ii) Actions alleging a violation of the Tom Bane Civil Rights Act (Section 52.1 of the Civil Code) or the Unruh Civil Rights Act (Section 51 of the Civil Code). (iii) Actions alleging a violation pursuant to Section 1983 of Title 42 of the United States Code. (iv) Actions alleging a violation of Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d, et seq.), the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), or the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.). (v) Actions alleging a violation of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), including, but not limited to, actions alleging discrimination, harassment, or retaliation. (B) Actions for the civil commitment of a person, including a person who is determined to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (C) Civil cases for damages arising from a hate crime. (l) For civil cases governed under paragraph (2) of subdivision (k), the party bringing the claim described in paragraph (2) of subdivision (k) shall notify the court and the other party or parties, after the final status conference, or, if no final status conference is held, at least 15 calendar days before the date of the trial, that the procedures under this section apply. (m) It is the intent of the Legislature that enactment of this section shall not, in purpose or effect, lower the standard for judging challenges for cause or expand use of challenges for cause. (n) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended (as added by Stats. 2020, Ch. 318, Sec. 2) by Stats. 2025, Ch. 656, Sec. 1. (SB 645) Effective January 1, 2026.)
  66. 232.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    Prospective jurors must promise to answer voir dire questions truthfully, and trial jurors must promise to decide the case only on the evidence and the court’s instructions.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 232. (a) Prior to the examination of prospective trial jurors in the panel assigned for voir dire, the following perjury acknowledgment and agreement shall be obtained from the panel, which shall be acknowledged by the prospective jurors with the statement “I do”: “Do you understand and agree, under penalty of perjury, that you will accurately and truthfully answer all questions about your qualifications and ability to serve as a juror in this case, and that failure to do so may result in criminal prosecution?” (b) As soon as the selection of the trial jury is completed, the following acknowledgment and agreement shall be obtained from the trial jurors, which shall be acknowledged by the statement “I do”: “Do you understand and agree that you will carefully consider the case being heard in this court, and that you will reach a verdict based only on the evidence presented to you and the instructions on the law given by the court?” (Amended by Stats. 2025, Ch. 29, Sec. 1. (AB 223) Effective January 1, 2026.)
  67. 233.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    The court may discharge a juror who becomes sick or unable to serve, and it must replace that juror with an alternate if one 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 233. If, before the jury has returned its verdict to the court, a juror becomes sick or, upon other good cause shown to the court, is found to be unable to perform his or her duty, the court may order the juror to be discharged. If any alternate jurors have been selected as provided by law, one of them shall then be designated by the court to take the place of the juror so discharged. If after all alternate jurors have been made regular jurors or if there is no alternate juror, a juror becomes sick or otherwise unable to perform the juror’s duty and has been discharged by the court as provided in this section, the jury shall be discharged and a new jury then or afterwards impaneled, and the cause may again be tried. Alternatively, with the consent of all parties, the trial may proceed with only the remaining jurors, or another juror may be sworn and the trial begin anew. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  68. 234.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    A court may add alternate jurors in a likely protracted civil or criminal trial, and those alternates are treated like the regular jurors in selection, oath, attendance, and court control.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 234. Whenever, in the opinion of a judge of a superior court about to try a civil or criminal action or proceeding, the trial is likely to be a protracted one, or upon stipulation of the parties, the court may cause an entry to that effect to be made in the minutes of the court and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or more additional jurors, in its discretion, to be known as “alternate jurors.” These alternate jurors shall be drawn from the same source, and in the same manner, and have the same qualifications, as the jurors already sworn, and shall be subject to the same examination and challenges. However, each side, or each defendant, as provided in Section 231, shall be entitled to as many peremptory challenges to the alternate jurors as there are alternate jurors called. The alternate jurors shall be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and shall, unless excused by the court, attend at all times upon the trial of the cause in company with the other jurors, but shall not participate in deliberation unless ordered by the court, and for a failure to do so are liable to be punished for contempt. They shall obey the orders of and be bound by the admonition of the court, upon each adjournment of the court; but if the regular jurors are ordered to be kept in the custody of the sheriff or marshal during the trial of the cause, the alternate jurors shall also be kept in confinement with the other jurors; and upon final submission of the case to the jury, the alternate jurors shall be kept in the custody of the sheriff or marshal who shall not suffer any communication to be made to them except by order of the court, and shall not be discharged until the original jurors are discharged, except as provided in this section. If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his or her duty, or if a juror requests a discharge and good cause appears therefor, the court may order the juror to be discharged and draw the name of an alternate, who shall then take his or her place in the jury box, and be subject to the same rules and regulations as though he or she had been selected as one of the original jurors. All laws relative to fees, expenses, and mileage or transportation of jurors shall be applicable to alternate jurors, except that in civil cases the sums for fees and mileage or transportation need not be deposited until the judge directs alternate jurors to be impaneled. (Amended by Stats. 2010, Ch. 328, Sec. 33. (SB 1330) Effective January 1, 2011.)
  69. 235.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    On request by the sheriff, coroner, or another ministerial officer, the jury commissioner must provide the prospective jurors needed to form a jury of inquest.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 235. At the request of the sheriff, coroner, or other ministerial officer, the jury commissioner shall provide such prospective jurors as may be required to form a jury of inquest. Prospective jurors so provided shall be selected, obligated, and compensated in the same manner as other jurors selected under the provisions of this chapter. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  70. 236.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    When six or more prospective jurors of inquest attend, the coroner must swear them, and they must inquire into the death and return a true verdict based on the evidence.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 236. When six or more prospective jurors of inquest attend, they shall be sworn by the coroner to inquire who the person was, and when, where, and by what means the person came to his or her death, to inquire into the circumstances attending the death, and to render a true verdict thereon, according to the evidence offered them or arising from the inspection of the body. (Added by Stats. 1988, Ch. 1245, Sec. 2.)
  71. 237.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    This section generally makes qualified juror names public on request, but allows the court to keep them confidential when a compelling interest exists. It also requires sealing of certain juror identifying information after a criminal jury verdict and sets procedures for petitions to access or unseal those records.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 237. (a) (1) The names of qualified jurors drawn from the qualified juror list for the superior court shall be made available to the public upon request unless the court determines that a compelling interest, as defined in subdivision (b), requires that this information should be kept confidential or its use limited in whole or in part. (2) Upon the recording of a jury’s verdict in a criminal jury proceeding, the court’s record of personal juror identifying information of trial jurors, as defined in Section 194, consisting of names, addresses, and telephone numbers, shall be sealed until further order of the court as provided by this section. (3) For purposes of this section, “sealed” or “sealing” means extracting or otherwise removing the personal juror identifying information from the court record. (4) This subdivision applies only to cases in which a jury verdict was returned on or after January 1, 1996. (b) Any person may petition the court for access to these records. The petition shall be supported by a declaration that includes facts sufficient to establish good cause for the release of the juror’s personal identifying information. The court shall set the matter for hearing if the petition and supporting declaration establish a prima facie showing of good cause for the release of the personal juror identifying information, but shall not set the matter for hearing if there is a showing on the record of facts that establish a compelling interest against disclosure. A compelling interest includes, but is not limited to, protecting jurors from threats or danger of physical harm. If the court does not set the matter for hearing, the court shall by minute order set forth the reasons and make express findings either of a lack of a prima facie showing of good cause or the presence of a compelling interest against disclosure. (c) If a hearing is set pursuant to subdivision (b), the petitioner shall provide notice of the petition and the time and place of the hearing at least 20 days prior to the date of the hearing to the parties in the criminal action. The court shall provide notice to each affected former juror by personal service or by first-class mail, addressed to the last known address of the former juror as shown in the records of the court. In a capital case, the petitioner shall also serve notice on the Attorney General. Any affected former juror may appear in person, in writing, by telephone, or by counsel to protest the granting of the petition. A former juror who wishes to appear at the hearing to oppose the unsealing of the personal juror identifying information may request the court to close the hearing in order to protect the former juror’s anonymity. (d) After the hearing, the records shall be made available as requested in the petition, unless a former juror’s protest to the granting of the petition is sustained. The court shall sustain the protest of the former juror if, in the discretion of the court, the petitioner fails to show good cause, the record establishes the presence of a compelling interest against disclosure as defined in subdivision (b), or the juror is unwilling to be contacted by the petitioner. The court shall set forth reasons and make express findings to support the granting or denying of the petition to disclose. The court may require the person to whom disclosure is made, or his or her agent or employee, to agree not to divulge jurors’ identities or identifying information to others; the court may otherwise limit disclosure in any manner it deems appropriate. (e) Any court employee who has legal access to personal juror identifying information sealed under subdivision (a), who discloses the information, knowing it to be a violation of this section or a court order issued under this section, is guilty of a misdemeanor. (f) Any person who intentionally solicits another to unlawfully access or disclose personal juror identifying information contained in records sealed under subdivision (a), knowing that the records have been sealed, or who, knowing that the information was unlawfully secured, intentionally discloses it to another person is guilty of a misdemeanor. (Amended by Stats. 1996, Ch. 636, Sec. 2. Effective September 19, 1996.)
  72. 24.

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

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    This provision says actions are divided into two kinds: civil and criminal.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 24. Actions are of two kinds: 1. Civil; and, 2. Criminal. (Enacted 1872.)
  73. 242.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. )

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    The court must give jurors mental health awareness information after verdicts in violent felony cases, and the Judicial Council must develop the written 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Trial Jury Selection and Management Act [190 - 242] ( Chapter 1 repealed and added by Stats. 1988, Ch. 1245, Sec. 2. ) ## 242. (a) Following the receipt of a verdict and before discharging the jury in a criminal action or proceeding alleging a violent felony, the court shall provide written information to the trial jurors about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. (b) Following the receipt of a verdict in a criminal action or proceeding alleging a violent felony, the court shall distribute, in a manner determined by the court, information to the alternate jurors who have been discharged from their duty about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma. (c) At the conclusion of a criminal action or proceeding alleging a violent felony in which evidence was presented, but a verdict was not rendered by the jury, the court shall provide written information about mental health awareness, including information about stress relief and symptoms that may be experienced following exposure to trauma, before discharging the jury and alternate jurors. The information shall only be provided after the jurors and alternate jurors are no longer responsible for rendering a verdict in the trial. (d) The court may share this information with jurors and alternate jurors following the conclusion of a criminal action or proceeding alleging an offense that is not a violent felony. (e) The Judicial Council shall develop the written educational information that the court shall print and distribute pursuant to this section. The information shall include, but shall not be limited to, the signs and symptoms of distress, healthy coping mechanisms, and how to seek help for exposure to trauma if needed. (f) For the purposes of this section, “violent felony” has the same definition as in subdivision (c) of Section 667.5 of the Penal Code. (Added by Stats. 2024, Ch. 204, Sec. 1. (AB 2985) Effective January 1, 2025.)
  74. 25.

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

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    This section says a civil action arises from an obligation or an injury.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 25. A civil action arises out of: 1. An obligation; 2. An injury. (Enacted 1872.)
  75. 259.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Court Commissioners [259- 259.] ( Chapter 2 added by Code Amendments 1880, Ch. 35. )

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    Court commissioners have power, under the court’s supervision, to perform listed judicial tasks such as hearing certain motions, taking proof, approving bonds, acting as temporary judges when qualified and appointed, and handling specified family-law and uncontested matters.

    ## 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 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE [190 - 259] ( Title 3 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Court Commissioners [259- 259.] ( Chapter 2 added by Code Amendments 1880, Ch. 35. ) ## 259. Subject to the supervision of the court, every court commissioner shall have power to do all of the following: (a) Hear and determine ex parte motions for orders and alternative writs and writs of habeas corpus in the superior court for which the court commissioner is appointed. (b) Take proof and make and report findings thereon as to any matter of fact upon which information is required by the court. Any party to any contested proceeding may except to the report and the subsequent order of the court made thereon within five days after written notice of the court’s action. A copy of the exceptions shall be filed and served upon opposing party or counsel within the five days. The party may argue any exceptions before the court on giving notice of motion for that purpose within 10 days from entry thereof. After a hearing before the court on the exceptions, the court may sustain, or set aside, or modify its order. (c) Take and approve any bonds and undertakings in actions or proceedings, and determine objections to the bonds and undertakings. (d) Act as temporary judge when otherwise qualified so to act and when appointed for that purpose, on stipulation of the parties litigant. While acting as temporary judge the commissioner shall receive no compensation therefor other than compensation as commissioner. (e) Hear and report findings and conclusions to the court for approval, rejection, or change, all preliminary matters including motions or petitions for the custody and support of children, the allowance of temporary spousal support, costs and attorneys’ fees, and issues of fact in contempt proceedings in proceedings for support, dissolution of marriage, nullity of marriage, or legal separation. (f) Hear actions to establish paternity and to establish or enforce child and spousal support pursuant to subdivision (a) of Section 4251 of the Family Code. (g) Hear, report on, and determine all uncontested actions and proceedings subject to the requirements of subdivision (d). (Amended by Stats. 2004, Ch. 49, Sec. 1. Effective January 1, 2005.)
  76. 26.

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

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    This section defines “obligation” as a legal duty to do or not do something.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 26. An obligation is a legal duty, by which one person is bound to do or not to do a certain thing, and arises from either of the following: (a) Contract. (b) Operation of law. (Amended by Stats. 2017, Ch. 561, Sec. 21. (AB 1516) Effective January 1, 2018.)
  77. 262.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    A sheriff cannot use a party’s or attorney’s direction to avoid liability for neglect or misconduct unless the instruction is in writing.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262. The direction or authority of a party or his or her attorney to a sheriff, in respect to the execution of process or return thereof, or to any related act or omission, is not available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in written instructions by the attorney of the party, including the signature and name of the attorney of the party, or by the party, if he or she has no attorney. Subject to subdivision (c) of Section 263, the instructions may be transmitted electronically pursuant to Chapter 2 (commencing with Section 263). (Amended by Stats. 2010, Ch. 680, Sec. 1. (AB 2394) Effective January 1, 2011.)
  78. 262.1.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    A sheriff or other ministerial officer must execute process and orders that are regular on their face and issued by competent authority, even if there are defects in the underlying proceedings.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.1. A sheriff or other ministerial officer is justified in the execution of, and shall execute, all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued. (Added by Stats. 1951, Ch. 655.)
  79. 262.10.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    A coroner or elisor must receive reasonable compensation for process executed or acts performed, and the court fixes the amount.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.10. Whenever process is executed, or any act performed by a coroner or elisor, he shall receive a reasonable compensation, to be fixed by the court, to be paid by the plaintiff in case of the summoning of jurors to complete the panel, and by the person or party requiring the service in all other cases in private action. If rendered at the instance of the people, it shall be audited and paid as a county charge. (Added by Stats. 1951, Ch. 655.)
  80. 262.11.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    A sheriff of a new county may execute certain real-estate-related process when the property is located in that new county.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.11. In all cases where new counties have been or may hereafter be created, and executions, orders of sale upon foreclosures of mortgages, or other process affecting specific real estate have been or may hereafter be adjudged by the final judgment or decree of a court of competent jurisdiction, to be executed by the sheriff of the county in which such real estate was originally situated, such process may be executed by the sheriff of the new county in which such real estate is found to be situated, with the like effect as if he were the sheriff of the county designated in the judgment, decree, or order of sale to execute the same. (Added by Stats. 1955, Ch. 59.)
  81. 262.2.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    An officer executing process must show the original process to any interested person on request, and must also show the process with all attached papers or electronic copies at the officer’s office when it is open for business.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.2. Except as otherwise provided, the officer executing process shall, so long as he or she retains the original process, show it to any interested person, upon request. The officer shall show the process, with all papers, or electronic copies of all papers, attached, at his or her office whenever the office is open for business. (Amended by Stats. 2010, Ch. 680, Sec. 2. (AB 2394) Effective January 1, 2011.)
  82. 262.3.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    If the sheriff dies, resigns, or reaches the end of the term while a process is still unexecuted, the successor must execute it.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.3. When any process remains with the sheriff unexecuted, in whole or in part, at the time of his death, resignation of office, or at the expiration of his term of office, such process shall be executed by his successor or successors in office. (Added by Stats. 1951, Ch. 655.)
  83. 262.4.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    If a sheriff sells real estate under an execution or court order, the sheriff or successors must execute and deliver the required deeds and conveyances to the purchaser. Those documents may be recorded electronically if they comply with the stated electronic recording law.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.4. If the sheriff sells real estate, under and by virtue of an execution or order of court, the sheriff, or his or her successors in office, shall execute and deliver to the purchaser or purchasers all deeds and conveyances required by law and necessary for the purpose, and those deeds and conveyances shall be valid in law as if they had been executed by the sheriff who made the sale. The deeds and conveyances may be recorded electronically pursuant to Chapter 2 (commencing with Section 263) if they comply with the Electronic Recording Delivery Act of 2004 (Article 6 (commencing with Section 27390) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code). (Amended by Stats. 2010, Ch. 680, Sec. 3. (AB 2394) Effective January 1, 2011.)
  84. 262.5.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    A paper other than process may be served on the sheriff by delivery to the sheriff, a deputy, or a person in charge of the office during office hours, or by leaving it in a conspicuous place in the office if no one is there.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.5. Service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or, if no such person is there, by leaving it in a conspicuous place in the office. (Added by Stats. 1951, Ch. 655.)
  85. 262.6.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    If the sheriff is a party to a case, the county coroner must execute the process and orders that the sheriff would otherwise have to execute.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.6. When the sheriff is a party to an action or proceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, shall be executed by the coroner of the county. (Added by Stats. 1951, Ch. 655.)
  86. 262.7.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    If a case is brought against a sheriff, any person may serve the process and orders in the manner allowed by the code.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.7. If an action is begun against a sheriff, all process and orders may be served by any person in the manner provided in this code. (Amended by Stats. 2014, Ch. 470, Sec. 1. (AB 2256) Effective January 1, 2015.)
  87. 262.8.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    The court or judge may designate a county resident called an elisor to execute process or orders in certain cases involving the sheriff or coroner.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.8. Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court, or the judge thereof, and denominated an elisor, in the following cases: (a) When the sheriff and coroner are both parties. (b) When either of these officers is a party, and the process is against the other. (c) When either of these officers is a party, and there is a vacancy in the office of the other, or where it appears, by affidavit, to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice, or other cause would not act promptly or impartially. (Added by Stats. 1951, Ch. 655.)
  88. 262.9.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    If process is delivered to an elisor, the elisor must execute and return it like a sheriff would for similar process.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Of Ministerial Officers Generally [262 - 262.11] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 262.9. When process is delivered to an elisor, he shall execute and return it in the same manner as the sheriff is required to execute similar process. (Added by Stats. 1951, Ch. 655.)
  89. 263.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. )

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    This chapter is called the Levying Officer Electronic Transactions Act, and it does not require a court or levying officer to comply unless they jointly have the needed resources and technological capacity and agree to use electronic document handling.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. ) ## 263. (a) This chapter may be cited as the Levying Officer Electronic Transactions Act. (b) The Legislature finds and declares that modern technologies offer alternatives to paper-based systems and provide the means to create, store, retrieve, and transmit records and documents in electronic form resulting in increased efficiency, taxpayer savings, and improved public access to levying officers. It is the intent of the Legislature in enacting this act to accommodate current and future technologies based on industry standards. (c) Nothing in this chapter shall be construed to require a court or levying officer to comply with any of its provisions unless the court and the levying officer have (1) jointly determined that both the court and the sheriff’s department have the resources and the technological capacity to do so, and (2) have mutually agreed to electronically act upon documents as provided in this chapter. (Added by Stats. 2010, Ch. 680, Sec. 4. (AB 2394) Effective January 1, 2011.)
  90. 263.1.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. )

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    This section defines terms used in the chapter on levying officer electronic transactions.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. ) ## 263.1. As used in this chapter, the following terms have the following definitions: (a) “Electronic mail” or “e-mail” means an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages through a local, regional, or global computer network, whether or not the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. (b) “Electronic record” means a document or record created, generated, sent, communicated, received, or stored by electronic means. (c) “Electronic signature” means an electronic sound, symbol, or process attached to, or logically associated with, an electronic record and executed or adopted by a person with the intent to sign the electronic record. (d) “Fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to a facsimile transmission or to a document so transmitted. (e) “Fax machine” means a machine that can send and receive a facsimile transmission using industry standards and includes a fax modem connected to a computer. (f) “Fax transmission” means the electronic transmission and reconstruction of a document that prints a duplicate of the original document at the receiving end. “Fax transmission” includes, but is not limited to, the use of a facsimile machine or the process of integrating an electronic fax software application to automate the sending and receiving of a faxed document as an electronic record, in portable data format, by e-mail or similar electronic means. (g) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, retrieving, or processing information, but does not include a fax machine. (h) “Instructions” and “levying officer instructions” mean a written request to a levying officer to serve process, perform a levy, execute an arrest warrant, or perform some other act. (i) “Legal entity” means the legal form of an artificial person and includes a corporation, defunct corporation, unincorporated association, partnership, public agency, limited liability company, joint stock company or association, and limited liability partnership. (j) “Levying officer” means the sheriff or marshal acting as a ministerial officer pursuant to Section 26608 of the Government Code. (k) “Record” means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form. (l) “Transmission record” means the electronic record or document printed by the sending fax machine, stating the telephone number of the receiving fax machine, the number of pages sent, the transmission time and date, and an indication of any errors in transmission. (Added by Stats. 2010, Ch. 680, Sec. 4. (AB 2394) Effective January 1, 2011.)
  91. 263.2.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. )

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    A levying officer may use an information processing system for electronic records and documents if industry standards, resources, and technological capacity allow it. If a system problem stops receipt of an electronic transmission during regular business hours on a court day and the sender shows an attempt to transmit that day, the officer must treat the document or record as filed that day.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. ) ## 263.2. (a) A levying officer may utilize an information processing system to create, generate, send, receive, store, display, retrieve, or process information, electronic records, and documents when based on industry standards and only to the extent that the levying officer has the resources and technological capacity to do so. (b) If a technical problem with the levying officer’s system prevents the levying officer from receiving an electronic transmission during regular business hours on a particular court day, and the electronic sender demonstrates an attempt to electronically transmit the document on that day, the levying officer shall deem the document or record as filed on that day. (Added by Stats. 2010, Ch. 680, Sec. 4. (AB 2394) Effective January 1, 2011.)
  92. 263.3.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. )

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    If fax transmission to a levying officer is authorized, the faxed submission must include a cover sheet, the sender must keep paper and transmission records, and the levying officer may treat faxed electronic records like paper records.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. ) ## 263.3. Whenever the fax transmission of a document or record to a levying officer is authorized pursuant to this chapter, all of the following shall apply: (a) A levying officer may act upon an electronic record or document transmitted by a facsimile machine in the same manner as the paper record or document upon which the electronic record or document is based. (b) A facsimile cover sheet shall accompany the faxed record or document and include all of the following information: (1) The name of the sender. (2) The fax number of the sender. (3) The name of the levying officer. (4) The fax number of the levying officer. (5) A description of the record or document, including its name, if any, and the number of pages. (6) A statement directing the recipient of the faxed document or record to fax to the sender a confirmation, if true, that the fax was properly received. (c) A person authorized to fax a record or document to the levying officer pursuant to this chapter shall do all of the following: (1) Retain the paper version of the record or document. (2) Print or otherwise retain a transmission record of the fax transmission. (3) Deliver the paper version of the record, document, or transmission record to the levying officer within five days after a request to do so has been mailed to the sender by the levying officer. (d) The levying officer shall retain the facsimile cover sheet together with the faxed record or document. (e) The levying officer may electronically copy and store the printed cover sheet, record, or document as an electronic record. (Added by Stats. 2010, Ch. 680, Sec. 4. (AB 2394) Effective January 1, 2011.)
  93. 263.4.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. )

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    A levying officer may use electronic records instead of paper records, but a person sending an electronic record must include certain sender and officer contact information, keep the paper version, and deliver it to the levying officer within five days after a mailed request.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. ) ## 263.4. (a) A levying officer may create, store, print, or transmit an electronic record in the place of, and in the same manner as, the paper record or document upon which the electronic record is based. (b) An electronic record transmitted to a levying officer shall be accompanied by all of the following information: (1) The name of the sender. (2) The electronic address of the sender. (3) The name of the levying officer. (4) The electronic address or fax number of the levying officer. (c) The person transmitting the electronic record shall do both of the following: (1) Retain the paper version of the record or document. (2) Deliver the paper version of the record or document to the levying officer within five days after a request to do so has been mailed to the sender by the levying officer. (d) For the purpose of this section, “transmission” of an electronic record includes sending the electronic record included in, or in conjunction with, an electronic mail message, as defined in Section 263.1. (Added by Stats. 2010, Ch. 680, Sec. 4. (AB 2394) Effective January 1, 2011.)
  94. 263.6.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. )

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    A levying officer may keep the original writ or an electronic copy instead of returning the paper writ to court, and must keep certain related records for at least two years if the writ is not returned. A creditor seeking a writ for another county may direct the officer to file an accounting with the court.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. ) ## 263.6. (a) In lieu of returning to court the paper version of an original writ of execution, the levying officer may retain the original writ or an electronic copy of the original writ and file only a return of the levying officer’s actions. (b) If the original writ is not returned to court as provided in subdivision (a), the levying officer shall retain, for not less than two years after the levying officer’s return is filed with court, each of the following, as applicable: (1) The original paper writ or digital image of the writ. (2) The memorandum of garnishee. (3) The employer’s return. (4) An inventory of the levied property. (c) A creditor seeking the issuance of a writ directed to another county may direct the levying officer to file an accounting of the levying officer’s actions with the court. (1) The filing of the accounting described in this subdivision does not constitute a return of the writ. (2) The accounting shall indicate that the levying officer is in possession of an active writ. (Added by Stats. 2010, Ch. 680, Sec. 4. (AB 2394) Effective January 1, 2011.)
  95. 263.7.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. )

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    A levying officer must redact social security numbers and financial account numbers from public records or documents, and from writ returns filed with the court.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Levying Officer Electronic Transactions Act [263 - 263.7] ( Chapter 2 added by Stats. 2010, Ch. 680, Sec. 4. ) ## 263.7. (a) A levying officer shall exclude or redact the following identifiers from any record or document made available to the public: (1) Social security number. (2) Financial account number. (b) If an identifier is redacted, only the last four digits of the number may be used. (c) A levying officer also shall exclude or redact the identifiers listed in subdivision (a) from any writ return filed with the court. (d) The term “public” does not include the creditor, debtor, garnishee, or third-party claimant. (Added by Stats. 2010, Ch. 680, Sec. 4. (AB 2394) Effective January 1, 2011.)
  96. 269.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Phonographic Reporters [269 - 274a] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

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    An official reporter must record specified courtroom proceedings, prepare transcripts when ordered or requested, certify them, and file them when the court directs.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Phonographic Reporters [269 - 274a] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 269. (a) An official reporter or official reporter pro tempore of the superior court shall take down in shorthand all testimony, objections made, rulings of the court, exceptions taken, arraignments, pleas, sentences, arguments of the attorneys to the jury, and statements and remarks made and oral instructions given by the judge or other judicial officer, in the following cases: (1) In a civil case, on the order of the court or at the request of a party. (2) In a felony case, on the order of the court or at the request of the prosecution, the defendant, or the attorney for the defendant. (3) In a misdemeanor or infraction case, on the order of the court. (b) If a transcript is ordered by the court or requested by a party, or if a nonparty requests a transcript that the nonparty is entitled to receive, regardless of whether the nonparty was permitted to attend the proceeding to be transcribed, the official reporter or official reporter pro tempore shall, within a reasonable time after the trial of the case that the court designates, write the transcripts out, or the specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine, and certify that the transcripts were correctly reported and transcribed, and when directed by the court, file the transcripts with the clerk of the court. (c) If a defendant is convicted of a felony, after a trial on the merits, the record on appeal shall be prepared immediately after the verdict or finding of guilt is announced unless the court determines that it is likely that no appeal from the decision will be made. The court’s determination of a likelihood of appeal shall be based upon standards and rules adopted by the Judicial Council. (Amended by Stats. 2002, Ch. 71, Sec. 1. Effective January 1, 2003.)
  97. 27.

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

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    This section states that an injury is either to the person or to property.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 27. An injury is of two kinds: 1. To the person; and, 2. To property. (Enacted 1872.)
  98. 271.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Phonographic Reporters [269 - 274a] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    An official reporter or pro tempore reporter must deliver transcripts electronically, unless an exception applies, and may have to provide a searchable PDF copy after delivering paper transcripts.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Phonographic Reporters [269 - 274a] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 271. (a) An official reporter or official reporter pro tempore shall deliver a transcript in electronic form, in compliance with the California Rules of Court, to any court, party, or person entitled to the transcript, unless any of the following apply: (1) The party or person entitled to the transcript requests the reporter’s transcript in paper form. (2) Prior to January 1, 2023, the court lacks the technical ability to use or store a transcript in electronic form pursuant to this section and provides advance notice of this fact to the official reporter or official reporter pro tempore. (3) Prior to January 1, 2023, the official reporter or official reporter pro tempore lacks the technical ability to deliver a transcript in electronic form pursuant to this section and provides advance notice of this fact to the court, party, or person entitled to the transcript. (b) If a paper transcript is delivered in lieu of an electronic transcript described in subdivision (a), within 120 days of the official reporter or official reporter pro tempore filing or delivering the paper transcript, the official reporter or official reporter pro tempore shall provide, upon request, a copy of the original transcript in full text-searchable portable document format (PDF) if the proceedings were produced with computer-aided transcription equipment. The copy of the original transcript in full text-searchable PDF format shall not be deemed to be an original transcript. (c) Nothing in this section changes any requirement set forth in Section 69950 or 69954 of the Government Code, regardless of whether a transcript is delivered in electronic or paper form. (d) Except as provided in subdivision (b), an electronic transcript delivered in accordance with this section shall be deemed to be an original transcript for all purposes, including any obligation of an attorney to maintain or deliver a file to a client. (e) An electronic transcript shall comply with any format requirement imposed pursuant to subdivision (a). However, an official reporter or official reporter pro tempore shall not be required to use a specific vendor, technology, or software to comply with this section, unless the official reporter or official reporter pro tempore agrees with the court, party, or person entitled to the transcript to use a specific vendor, technology, or software. Absent that agreement, an official reporter or official reporter pro tempore may select the vendor, technology, and software to comply with this section and the California Rules of Court. In adopting transcript format requirements for the California Rules of Court, consideration shall be given on a technology-neutral basis to the availability of relevant vendors of transcript products, technologies, and software. (f) After January 1, 2023, if new or updated rule of court format requirements for electronic transcripts necessitate a significant change in equipment or software owned by official reporters or official reporters pro tempore, the official reporters and official reporters pro tempore shall be given no less than one year to comply with the format requirements. If the change is necessary to address a security issue, then a reasonable time shall be given to comply with the new format requirements. (Repealed and added by Stats. 2017, Ch. 532, Sec. 2. (AB 1450) Effective January 1, 2018.)
  99. 273.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Phonographic Reporters [269 - 274a] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    Official reporter transcripts are evidence if transcribed and certified; rough draft transcripts cannot be certified, used as the official transcript, or used to challenge the certified transcript.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Phonographic Reporters [269 - 274a] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 273. (a) The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of that testimony and proceedings. (b) The report of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when prepared as a rough draft transcript, shall not be certified and cannot be used, cited, distributed, or transcribed as the official certified transcript of the proceedings. A rough draft transcript shall not be cited or used in any way or at any time to rebut or contradict the official certified transcript of the proceedings as provided by the official reporter or official reporter pro tempore. The production of a rough draft transcript shall not be required. (c) This section shall become operative on January 1, 2022. (Amended (as added by Stats. 2009, Ch. 87, Sec. 2) by Stats. 2016, Ch. 703, Sec. 7. (AB 2881) Effective January 1, 2017. Section operative January 1, 2022, by its own provisions.)
  100. 274a

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Phonographic Reporters [269 - 274a] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A superior court judge may have specified opinions, orders, petitions, commitments, judgments, and related testimony taken down in shorthand and transcribed by the court reporter.

    ## 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 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE [262 - 274a] ( Title 4 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Phonographic Reporters [269 - 274a] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 274a. Any judge of the superior court may have any opinion given or rendered by the judge in the trial of a felony case or an unlimited civil case, pending in that court, or any necessary order, petition, citation, commitment or judgment in any probate proceeding, proceeding concerning new or additional bonds of county officials or juvenile court proceeding, or the testimony or judgment relating to the custody or support of minor children in any proceeding in which the custody or support of minor children is involved, taken down in shorthand and transcribed together with such copies as the court may deem necessary by the official reporter or an official reporter pro tempore of the court. (Amended by Stats. 2002, Ch. 784, Sec. 51. Effective January 1, 2003.)
  101. 28.

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

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    This section defines injury to property as depriving the owner of the benefit of the property, including by taking, withholding, deteriorating, or destroying it.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 28. An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. (Enacted 1872.)
  102. 283.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    An attorney and counselor may bind a client in an action or proceeding only by a filed agreement or one entered on the court minutes, and may receive client money in the action under the stated conditions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 283. An attorney and counselor shall have authority: 1. To bind his client in any of the steps of an action or proceeding by his agreement filed with the Clerk, or entered upon the minutes of the Court, and not otherwise; 2. To receive money claimed by his client in an action or proceeding during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment. (Repealed and added by Code Amendments 1880, Ch. 35.)
  103. 284.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    An attorney in an action or special proceeding may be changed before or after judgment, either by consent of the client and attorney or by court order.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 284. The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other. (Amended by Stats. 1967, Ch. 161.)
  104. 285.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    When an attorney is changed, written notice of the change and the new attorney’s substitution, or the party’s personal appearance, must be given to the adverse party; until then, the adverse party must recognize the former attorney.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 285. When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party. Until then he must recognize the former attorney. (Repealed and added by Code Amendments 1880, Ch. 35.)
  105. 285.1.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    An attorney of record may withdraw in certain family-related civil cases by filing a notice of withdrawal, subject to timing and 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 285.1. An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable marriage, or for the support, maintenance or custody of minor children may withdraw at any time subsequent to the time when any judgment in such action or proceeding, other than an interlocutory judgment, becomes final, and prior to service upon him of pleadings or motion papers in any proceeding then pending in said cause, by filing a notice of withdrawal. Such notice shall state (a) date of entry of final decree or judgment, (b) the last known address of such party, (c) that such attorney withdraws as attorney for such party. A copy of such notice shall be mailed to such party at his last known address and shall be served upon the adverse party. (Amended by Stats. 1969, Ch. 1608.)
  106. 285.2.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    If reduced public funding materially impairs a legal service agency attorney’s ability to represent an indigent client, the court must allow the attorney to withdraw when the listed conditions are shown.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 285.2. If a reduction in public funding for legal service materially impairs a legal service agency attorney’s ability to represent an indigent client, the court, on its own motion or on the motion of either the client or attorney, shall permit the withdrawal of such attorney upon a showing that all of the following apply: (a) There are not adequate public funds to continue the effective representation of the indigent client. (b) A good faith effort was made to find alternate representation for such client. (c) All reasonable steps to reduce the legal prejudice to the client have been taken. A showing of indigency of the client, in and of itself, will not be deemed sufficient cause to deny the application for withdrawal. (Added by Stats. 1983, Ch. 279, Sec. 1.)
  107. 285.3.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    A court may pause certain filing and deadline periods for up to 90 days after a withdrawal motion is granted, if needed to avoid legal prejudice.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 285.3. The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may toll the running of any statute of limitations, filing requirement, statute providing for mandatory dismissal, notice of appeal, or discovery requirement, for a period not to exceed 90 days, on the court’s own motion or on motion of any party or attorney, when the court finds that tolling is required to avoid legal prejudice caused by the withdrawal of the legal service agency attorney. (Added by Stats. 1983, Ch. 279, Sec. 2.)
  108. 285.4.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    The court may appoint a lawyer, law firm, or professional law corporation to represent an indigent client without compensation if there is good cause and a motion for withdrawal has been granted.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 285.4. The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may appoint any member of the bar or any law firm or professional law corporation to represent the indigent client without compensation, upon a showing of good cause. Nothing herein shall preclude the appointed attorney from recovering any attorneys’ fees and costs to which the client may be entitled by law. In determining the existence of good cause, the court may consider, but is not limited to, the following factors: (a) The probable merit of the client’s claim. (b) The client’s financial ability to pay for legal services. (c) The availability of alternative legal representation. (d) The need for legal representation to avoid irreparable legal prejudice to the indigent client. (e) The ability of appointed counsel to effectively represent the indigent client. (f) Present and recent pro bono work of the appointed attorney, law firm or private law corporation. (g) The ability of the indigent client to represent himself. (h) The workload of the appointed attorney. (Added by Stats. 1983, Ch. 279, Sec. 3.)
  109. 286.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    If an attorney dies, is removed, is suspended, or stops acting, the opposing party may require the represented party to appoint a new attorney or appear personally before the case moves forward.

    ## 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 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE [283 - 286] ( Title 5 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Attorneys and Counselors at Law [283 - 286] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 286. When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action, for whom he was acting as attorney, must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person. (Repealed and added by Code Amendments 1880, Ch. 35.)
  110. 29.

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

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    This section says that any other injury counts as an injury to the person.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 29. Every other injury is an injury to the person. (Enacted 1872.)
  111. 3.

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

    Verify source ↗

    This provision says the code is not retroactive unless it is expressly declared to be so.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 3. No part of it is retroactive, unless expressly so declared. (Enacted 1872.)
  112. 30.

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

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    This provision says a civil action is brought by one party against another to declare, enforce, or protect a right, or to redress or prevent a wrong.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 30. A civil action is prosecuted by one party against another for the declaration, enforcement or protection of a right, or the redress or prevention of a wrong. (Amended by Stats. 1933, Ch. 742.)
  113. 307.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE FORM OF CIVIL ACTIONS [307 - 309] ( Title 1 enacted 1872. )

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    California civil actions have one form for enforcing or protecting private rights and for redressing or preventing private wrongs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE FORM OF CIVIL ACTIONS [307 - 309] ( Title 1 enacted 1872. ) ## 307. There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs. (Enacted 1872.)
  114. 308.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE FORM OF CIVIL ACTIONS [307 - 309] ( Title 1 enacted 1872. )

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    In this type of action, the complaining party is called the plaintiff and the adverse party is called the defendant.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE FORM OF CIVIL ACTIONS [307 - 309] ( Title 1 enacted 1872. ) ## 308. In such action the party complaining is known as the plaintiff, and the adverse party as the defendant. (Enacted 1872.)
  115. 309.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE FORM OF CIVIL ACTIONS [307 - 309] ( Title 1 enacted 1872. )

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    A factual issue not raised by the pleadings may be tried by a jury if the trial order clearly states the issue.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 1. OF THE FORM OF CIVIL ACTIONS [307 - 309] ( Title 1 enacted 1872. ) ## 309. A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial. (Enacted 1872.)
  116. 31.

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

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    The Penal Code sets out and governs the prosecution of a criminal action.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 31. The Penal Code defines and provides for the prosecution of a criminal action. (Enacted 1872.)
  117. 312.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 1. The Time of Commencing Actions in General [312 - 313] ( Chapter 1 enacted 1872. )

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    Civil actions generally must be commenced within the time limits in this title after the cause of action accrues, unless a statute sets a different limit in a special case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 1. The Time of Commencing Actions in General [312 - 313] ( Chapter 1 enacted 1872. ) ## 312. Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute. (Amended by Stats. 1897, Ch. 21.)
  118. 313.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 1. The Time of Commencing Actions in General [312 - 313] ( Chapter 1 enacted 1872. )

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    Claims for money or damages against California public entities must follow the procedure set out in Government Code Division 3.6 before an action can begin.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 1. The Time of Commencing Actions in General [312 - 313] ( Chapter 1 enacted 1872. ) ## 313. The general procedure for the presentation of claims as a prerequisite to commencement of actions for money or damages against the State of California, counties, cities, cities and counties, districts, local authorities, and other political subdivisions of the State, and against the officers, employees, and servants thereof, is prescribed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (Amended by Stats. 1963, Ch. 1715.)
  119. 315.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    The people of this State may not sue over real property based on their title unless the title accrued within the last 10 years or they received rents and profits within the last 10 years.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 315. The people of this State will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless: 1. Such right or title shall have accrued within ten years before any action or other proceeding for the same is commenced; or, 2. The people, or those from whom they claim, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years. (Enacted 1872.)
  120. 316.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    A person claiming under California letters patent or grants may not bring an action involving real property unless the people could have brought that same action if no patent or grant had been issued.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 316. No action can be brought for or in respect to real property by any person claiming under letters patent or grants from this State, unless the same might have been commenced by the people as herein specified, in case such patent had not been issued or grant made. (Enacted 1872.)
  121. 318.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    A plaintiff cannot maintain an action to recover real property or its possession unless the plaintiff, or an ancestor, predecessor, or grantor, was seized or possessed of the property within the last five years before the suit began.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 318. No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencement of the action. (Enacted 1872.)
  122. 319.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    A real-property title claim or defense is only effective if the relevant person or their predecessor was seized or possessed of the property within five years before the action began.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 319. No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual, unless it appear that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person was seized or possessed of the premises in question within five years before the commencement of the Act in respect to which such action is prosecuted or defense made. (Enacted 1872.)
  123. 32.

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

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    If a violation of a right can be pursued both civilly and criminally, using one remedy does not cancel the other.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 32. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. (Enacted 1872.)
  124. 32.5.

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

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    This section defines “jurisdictional classification” as whether a case is a limited civil case or an unlimited civil case.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 32.5. The “jurisdictional classification” of a case means its classification as a limited civil case or an unlimited civil case. (Amended by Stats. 2002, Ch. 784, Sec. 22. Effective January 1, 2003.)
  125. 320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    A claim based on entry onto real estate is valid only if an action is started within the stated time limits.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 320. No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make it descended or accrued. (Enacted 1872.)
  126. 321.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    In real property recovery actions, a person with legal title is presumed to have been in possession unless the property was held adversely for five years before the case began.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 321. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title, for five years before the commencement of the action. (Enacted 1872.)
  127. 322.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    If an occupant entered property under a claim of title based on a written instrument or a court decree/judgment, and occupied it continuously for five years, the property is deemed to have been held adversely; for a tract divided into lots, possession of one lot does not count for the others.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 322. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent Court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property, under such claim, for five years, the property so included is deemed to have been held adversely, except that when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract. (Enacted 1872.)
  128. 323.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    This section says land can be treated as possessed and occupied for adverse possession in certain listed situations.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 323. For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved; 2. Where it has been protected by a substantial inclosure; 3. Where, although not inclosed, it has been used for the supply of fuel, or of fencing timber for the purposes of husbandry, or for pasturage, or for the ordinary use of the occupant; 4. Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not inclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated. (Enacted 1872.)
  129. 324.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    Land is deemed to be held adversely when it is actually and continuously occupied under a claim of title, exclusively of any other right, and not based on a written instrument, judgment, or decree.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 324. Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land so actually occupied, and no other, is deemed to have been held adversely. (Enacted 1872.)
  130. 325.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    Adverse possession based on title not backed by a written instrument, judgment, or decree is recognized only if the land was either substantially enclosed or usually cultivated/improved, and it was occupied and claimed continuously for five years with all assessed taxes timely paid.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 325. (a) For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: (1) Where it has been protected by a substantial enclosure. (2) Where it has been usually cultivated or improved. (b) In no case shall adverse possession be considered established under the provision of any section of this code, unless it shall be shown that the land has been occupied and claimed for the period of five years continuously, and the party or persons, their predecessors and grantors, have timely paid all state, county, or municipal taxes that have been levied and assessed upon the land for the period of five years during which the land has been occupied and claimed. Payment of those taxes by the party or persons, their predecessors and grantors shall be established by certified records of the county tax collector. (Amended by Stats. 2010, Ch. 55, Sec. 1. (AB 1684) Effective January 1, 2011.)
  131. 326.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    In a landlord-tenant relationship, the tenant’s possession is treated as the landlord’s possession for up to five years after the tenancy ends, or after the last rent payment if there is no written lease.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 326. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited. (Enacted 1872.)
  132. 327.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    A person’s right to possess real property is not reduced or changed because of a descent cast after the death of someone who was in possession.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 327. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property. (Enacted 1872.)
  133. 328.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    For certain real-property actions, time spent under disability (minority or lack of legal capacity) is not counted toward the limitation period, and the action or defense may be brought within five years after the disability ends.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 328. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make an entry or defense founded on the title to real property, or to rents or services out of the property, is, at the time title first descends or accrues, either under the age of majority or lacking legal capacity to make decisions, the time, not exceeding 20 years, during which the disability continues is not deemed a portion of the time in this chapter limited for the commencement of the action, or the making of the entry or defense, but the action may be commenced, or entry or defense made, within the period of five years after the disability shall cease, or after the death of the person entitled, who shall die under the disability. The action shall not be commenced, or entry or defense made, after that period. (Amended by Stats. 2014, Ch. 144, Sec. 3. (AB 1847) Effective January 1, 2015.)
  134. 328.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    A person whose real-property claim accrues while imprisoned for a criminal charge or a non-life criminal sentence gets limited tolling: up to two years of imprisonment is excluded, and the action, entry, or defense may be taken within five years after imprisonment ends or after death while imprisoned.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 328.5. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the property, is, at the time the title first descends or accrues, imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than life, the time, not exceeding two years, during which imprisonment continues is not deemed any portion of the time in this chapter limited for the commencement of the action, or the making of the entry or defense, but the action may be commenced, or entry or defense made, within the period of five years after the imprisonment ceases, or after the death of the person entitled, who dies while imprisoned; but the action shall not be commenced, or entry or defense made, after that period. (Added by Stats. 1994, Ch. 1083, Sec. 3. Effective January 1, 1995.)
  135. 329.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    An action to foreclose this kind of assessment lien may be started within the stated time limit, and the records official must mark the assessment “Conclusively presumed paid” if no notice is received by the deadline.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 329. The time within which an action for the foreclosure of a lien securing an assessment against real property for street improvements, the proceedings for which are prescribed by legislation of any political unit other than the state, may be commenced, shall be two years from and after the date on which the assessment, or any bond secured thereby, or the last installment of the assessment or bond, shall be due, or, as to existing rights of action not heretofore barred, one year after the effective date hereof, whichever time is later. After that time, if the lien has not been otherwise removed, the lien ceases to exist and the assessment is conclusively presumed to be paid. The official having charge of the records of the assessment shall mark it “Conclusively presumed paid,” if, at the expiration of the time within which such action might be brought he has received no written notice of the pendency of the action. (Amended by Stats. 1981, Ch. 714, Sec. 68.)
  136. 329.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    A challenge to the validity of certain public-improvement assessments on real property must be started within 30 days after the assessment is levied, unless a longer period is allowed; any appeal from the final judgment must be perfected within 30 days after judgment entry.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 329.5. The validity of an assessment or supplemental assessment against real property for public improvements, the proceedings for which are prescribed by the legislative body of any chartered city, shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is levied, or such longer period as the legislative body may provide. Any appeal from a final judgment in such an action or proceeding shall be perfected within 30 days after the entry of judgment. (Added by Stats. 1959, Ch. 1007.)
  137. 33.

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

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    A prosecuting attorney may, at their discretion, help resolve certain violations civilly instead of filing a criminal complaint.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 33. A prosecuting attorney, in his or her discretion, may assist in the civil resolution of a violation of an offense described in Title 13 (commencing with Section 450) of Part 1 of the Penal Code in lieu of filing a criminal complaint. (Added by Stats. 1982, Ch. 1518, Sec. 1.)
  138. 330.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. )

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    A public official with this power may sell the land at public auction only within the stated time limit after demand by the bond holder.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property [315 - 330] ( Chapter 2 enacted 1872. ) ## 330. In all cases in which there is now vested or there shall hereafter be vested in a treasurer, street superintendent, or other public official the power to sell at public auction, after demand upon him by the holder of any public improvement bond, any lot or parcel of land upon which exists or which shall hereafter exist a lien to secure the payment of a public improvement assessment represented by said bond, and the act or law establishing such power fails to prescribe the time within which such official may act, said official may sell at any time prior to the expiration of four years after the due date of said bond or of the last installment thereof or of the last principal coupon attached thereto, or prior to January 1, 1947, whichever is later, but not thereafter. This section is not intended to extend, enlarge or revive any power of sale which has heretofore been lost by reason of lapse of time or otherwise. (Added by Stats. 1945, Ch. 360.)
  139. 335.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section says the filing periods for starting non-real-property civil actions are set out here.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 335. The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows: (Enacted 1872.)
  140. 335.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain civil actions for assault, battery, injury, or wrongful death must be started within two years.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 335.1. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another. (Added by Stats. 2002, Ch. 448, Sec. 2. Effective January 1, 2003.)
  141. 336.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain civil actions must be brought within five years, including mesne profits claims and restriction-violation claims.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 336. Within five years: (a) An action for mesne profits of real property. (b) An action for violation of a restriction, as defined in Section 784 of the Civil Code. The period prescribed in this subdivision runs from the time the person seeking to enforce the restriction discovered or, through the exercise of reasonable diligence, should have discovered the violation. A failure to commence an action for violation of a restriction within the period prescribed in this subdivision does not waive the right to commence an action for any other violation of the restriction and does not, in itself, create an implication that the restriction is abandoned, obsolete, or otherwise unenforceable. This subdivision shall not bar commencement of an action for violation of a restriction before January 1, 2001, and until January 1, 2001, any other applicable statutory or common law limitation shall continue to apply to that action. (Amended by Stats. 1998, Ch. 14, Sec. 3. Effective January 1, 1999.)
  142. 336a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain actions on specified corporate bonds, notes, debentures, coupons, and related agreements must be brought within six years.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 336a. Within six years: (a) An action upon any bonds, notes, or debentures issued by any corporation or pursuant to permit of the Commissioner of Financial Protection and Innovation, or upon any coupons issued with the bonds, notes, or debentures, if those bonds, notes, or debentures shall have been issued to or held by the public. (b) An action upon any mortgage, trust deed, or other agreement pursuant to which the bonds, notes, or debentures were issued. This section does not apply to bonds or other evidences of indebtedness of a public district or corporation. (Amended by Stats. 2022, Ch. 452, Sec. 37. (SB 1498) Effective January 1, 2023.)
  143. 337.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section gives four-year limits for several civil actions, with some special start dates and a three-month limit for certain debt claims after a foreclosure sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 337. Within four years: (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. (b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. (c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time shall not begin to run until the representation becomes false. (d) When the period in which an action must be commenced under this section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. The period in which an action may be commenced under this section shall only be extended pursuant to Section 360. (Amended by Stats. 2018, Ch. 247, Sec. 2. (AB 1526) Effective January 1, 2019.)
  144. 337.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section sets time limits for construction-defect damage actions and bars some claims after 4 years, with a narrow 1-year window for injuries in the fourth year and a 5-year outer limit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 337.1. (a) Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than four years after the substantial completion of such improvement for any of the following: (1) Any patent deficiency in the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property; (2) Injury to property, real or personal, arising out of any such patent deficiency; or (3) Injury to the person or for wrongful death arising out of any such patent deficiency. (b) If, by reason of such patent deficiency, an injury to property or the person or an injury causing wrongful death occurs during the fourth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than five years after the substantial completion of construction of such improvement. (c) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action. (d) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action. (e) As used in this section, “patent deficiency” means a deficiency which is apparent by reasonable inspection. (f) Subdivisions (a) and (b) shall not apply to any owner-occupied single-unit residence. (Added by Stats. 1967, Ch. 1326.)
  145. 337.15.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    A damages action for construction-related latent defects generally cannot be brought more than 10 years after substantial completion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following: (1) Any latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property. (2) Injury to property, real or personal, arising out of any such latent deficiency. (b) As used in this section, “latent deficiency” means a deficiency which is not apparent by reasonable inspection. (c) As used in this section, “action” includes an action for indemnity brought against a person arising out of that person’s performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action which has been brought within the time period set forth in subdivision (a) of this section. (d) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for bringing any action. (e) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action. (f) This section shall not apply to actions based on willful misconduct or fraudulent concealment. (g) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs: (1) The date of final inspection by the applicable public agency. (2) The date of recordation of a valid notice of completion. (3) The date of use or occupation of the improvement. (4) One year after termination or cessation of work on the improvement. The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement. (Amended by Stats. 1981, Ch. 88, Sec. 1.)
  146. 337.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    For a written lease of real property, an action under Civil Code Section 1951.2 must be brought within four years of the earlier of the lease breach and abandonment, or the termination of the lessee’s right to possession.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 337.2. Where a lease of real property is in writing, no action shall be brought under Section 1951.2 of the Civil Code more than four years after the breach of the lease and abandonment of the property, or more than four years after the termination of the right of the lessee to possession of the property, whichever is the earlier time. (Added by Stats. 1970, Ch. 89.)
  147. 337.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain actions must be brought within 10 years, including actions on specified general obligation bonds or coupons and on judgments or decrees.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 337.5. Within 10 years: (a) An action upon any general obligation bonds or coupons, not secured in whole or in part by a lien on real property, issued by any county, city and county, municipal corporation, district (including school districts), or other political subdivision of the State of California. (b) An action upon a judgment or decree of any court of the United States or of any state within the United States. (Amended by Stats. 2010, Ch. 719, Sec. 7. (SB 856) Effective October 19, 2010.)
  148. 337.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Some late bonds or coupons could still be sued on if the action was filed by June 30, 1959. Presented bonds or coupons must be registered, payment is generally deferred until the next fiscal year, and no interest is paid on registered bonds or coupons for this section.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 337.6. Notwithstanding the provisions of Section 337.5 of this code actions may be brought on bonds or coupons as set forth in subsection 2 of said section, against which the statute of limitations ran on or after August 27, 1937; provided, such actions are brought on or before June 30, 1959. Upon presentation for payment they shall be registered and payment shall not be made thereon until the next fiscal year following presentation unless available funds are sufficient to first pay obligations which are due or will become due from the same fund during the fiscal year of presentation and during the next succeeding six months. Interest shall not be paid on bonds or coupons registered for the purpose of this section. (Amended by Stats. 1957, Ch. 719.)
  149. 337a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section defines “book account” and excludes consumer debt from that definition.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 337a. (a) The term “book account” means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner. A “book account” does not include consumer debt. (b) For purposes of this section, “consumer debt” means any obligation or alleged obligation, incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes and where the obligation to pay appears on the face of a note or in a written contract. (Amended by Stats. 2023, Ch. 688, Sec. 1. (AB 1414) Effective January 1, 2024.)
  150. 338.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Section 338 sets limitation periods for several civil actions, including a three-year period for some statutory, property, and chattel claims, special discovery-based rules for some fraud, notary, and public-agency actions, and a six-year rule for certain fine art recovery claims.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 338. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real property. (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property. (2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party’s agent, or the law enforcement agency that originally investigated the theft. (3) (A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant’s agent, of both of the following: (i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen. (ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen. (B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute. (C) For purposes of this paragraph: (i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law. (ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code. (iii) “Dealer” means a person who holds a valid seller’s permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art. (iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner’s family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced. (v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code. (vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery. (4) Section 361 shall not apply to an action brought pursuant to paragraph (3). (5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands. (6) Notwithstanding any other law or prior judicial decision, in any action brought by a California resident, or by an heir, trustee, assignee, or representative of the estate of a California resident, involving claims relating to title, ownership, or recovery of personal property as described in paragraph (2) or (3), or in the Holocaust Expropriated Art Recovery Act of 2016 (HEAR) (Pub. L. No. 114-308), including claims for money damages, California substantive law shall apply. This paragraph shall apply to all actions pending on the date this paragraph becomes operative or that are commenced thereafter, including any action in which the judgment is not yet final or the time for filing any appeal, including a petition for a writ of certiorari in the United States Supreme Court, has not expired, or, if filed, has not been decided. (d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action upon the bond. (f) (1) An action against a notary public on the notary public’s bond or in the notary public’s official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action. (2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or the aggrieved party’s agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later. (3) Notwithstanding paragraph (1), an action against a notary public on the notary public’s bond or in the notary public’s official capacity shall be commenced within six years. (g) An action for slander of title to real property. (h) An action commenced under Section 17536 of the Business and Professions Code. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action. (i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code). The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction. (j) An action to recover for physical damage to private property under Section 19 of Article I of the California Constitution. (k) An action commenced under Division 26 (commencing with Section 39000) of the Health and Safety Code. These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in Section 39025 of the Health and Safety Code, of the facts constituting grounds for commencing the action under its jurisdiction. (l) An action commenced under Section 1602, 1615, or 5650.1 of the Fish and Game Code. These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action. (m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis. (n) An action commencing under Section 51.7 of the Civil Code. (o) An action commenced under Section 4601.1 of the Public Resources Code, if the underlying violation is of Section 4571, 4581, or 4621 of the Public Resources Code, or of Section 1103.1 of Title 14 of the California Code of Regulations, and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection. (p) An action for civil penalties commenced under Section 26038 of the Business and Professions Code. (Amended by Stats. 2024, Ch. 257, Sec. 2. (AB 2867) Effective September 16, 2024.)
  151. 338.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    An agency must start certain civil penalties or punitive damages actions within five years after it discovers the facts that justify the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 338.1. An action for civil penalties or punitive damages authorized under Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), or Chapter 6.95 (commencing with Section 25500) of Division 20 of, or Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, or Chapter 1 (commencing with Section 3000) of Division 3 of the Public Resources Code, shall be commenced within five years after the discovery by the agency bringing the action of the facts constituting the grounds for commencing the action. (Amended (as amended by Stats. 2022, Ch. 258, Sec. 7) by Stats. 2023, Ch. 337, Sec. 1. (AB 631) Effective January 1, 2024.)
  152. 338.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain California residents and estate representatives may sue to recover artwork or other personal property lost because of political persecution, but the suit must be filed within the stated time limits.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 338.2. (a) A California resident, or an heir, trustee, assignee, or representative of the estate of a California resident, may bring an action for damages, other financial recovery, title, recovery, or ownership, of artwork or other personal property that was taken or otherwise lost as a result of political persecution. (b) Notwithstanding any other law, actions brought pursuant to this section shall be commenced within six years of the actual discovery by the claimant or the claimant’s agent, of both of the following: (1) The identity and the whereabouts of the artwork or other personal property. Where there is a possibility of misidentification of the object in question, the identity can be satisfied by the identification of facts sufficient to determine that the artwork or other personal property is likely to be the artwork or other personal property that was unlawfully taken or stolen. (2) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the artwork or other personal property that was unlawfully taken or stolen. (c) If a claimant had actual knowledge of the facts described in subdivision (b) prior to the enactment of this section, any action brought pursuant to this section shall be commenced within of six years of actual discovery or two years from the enactment of this section, whichever is later. (d) For purposes of this section the following definitions shall apply: (1) “Artwork or other personal property” means any of the following: (A) Pictures, paintings, and drawings. (B) Statuary art and sculpture. (C) Engravings, prints lithographs, and other works of graphic art. (D) Applied art and original artistic assemblages and montages. (E) Books, archives, musical instruments, musical objects, and manuscripts, including musical manuscripts and sheets, and sound, photographic, and cinematographic archives and mediums. (F) Sacred and ceremonial objects. (G) Objects of cultural significance. (2) “Political persecution” means persecution of a specific group of individuals based on their membership in a protected class under the state’s Unruh Civil Rights Act (Section 51 of the Civil Code). (e) Notwithstanding any other provision of law or prior judicial decision, in any action brought pursuant to this section or in the Holocaust Expropriated Art Recovery Act of 2016 (HEAR) (Pub. L. No. 114-308), California substantive law shall apply. (f) In an action brought pursuant to this section, where an item specified in subdivision (d) is taken or lost as a result of political persecution, clear title is not conveyed to any subsequent purchaser or owner. Defenses that the defendant acquired the title in good faith, by acquisitive prescription, or by adverse possession, and the defense of laches do not apply to cases brought under this section. (g) An action may be brought by a claimant who, prior to the enactment of this section, brought a claim to recover personal property that was stolen or lost due to political persecution, and the case was dismissed by a court based on any of the defenses listed in subdivision (f), or based on any procedural basis such as standing, personal jurisdiction, or subject matter jurisdiction. Any such actions shall be commenced within two years of the effective date of this section or the entry of a final judgment and the termination of all appeals, including any petition for a writ of certiorari, whichever is later. (h) A prevailing plaintiff shall be entitled to reasonable attorney’s costs and fees. (Added by Stats. 2024, Ch. 257, Sec. 3. (AB 2867) Effective September 16, 2024.)
  153. 339.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain civil actions must be filed within two years, with special accrual rules for some title-related and rescission claims.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 339. Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder. 2. An action against a sheriff or coroner upon a liability incurred by the doing of an act in an official capacity and in virtue of office, or by the omission of an official duty including the nonpayment of money collected in the enforcement of a judgment. 3. An action based upon the rescission of a contract not in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. (Amended by Stats. 1996, Ch. 872, Sec. 11. Effective January 1, 1997.)
  154. 339.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    If a real property lease is not in writing, an action under Civil Code Section 1951.2 must be brought within two years of the earlier of the lease breach and abandonment, or the termination of the lessee’s right to possession.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 339.5. Where a lease of real property is not in writing, no action shall be brought under Section 1951.2 of the Civil Code more than two years after the breach of the lease and abandonment of the property, or more than two years after the termination of the right of the lessee to possession of the property, whichever is the earlier time. (Added by Stats. 1970, Ch. 89.)
  155. 34.

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

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    An electronic signature made by a court or judicial officer has the same effect as an original signature.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 34. An electronic signature, as defined in Section 17, by a court or judicial officer shall be as effective as an original signature. (Added by Stats. 2015, Ch. 32, Sec. 2. (AB 432) Effective January 1, 2016.)
  156. 340.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Several specified civil actions must be brought within one year, unless another statute sets a different limit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340. Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation. (b) An action upon a statute for a forfeiture or penalty to the people of this state. (c) An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or against any person who boards or feeds an animal or fowl or who engages in the practice of veterinary medicine as defined in Section 4826 of the Business and Professions Code, for that person’s neglect resulting in injury or death to an animal or fowl in the course of boarding or feeding the animal or fowl or in the course of the practice of veterinary medicine on that animal or fowl. (d) An action against an officer to recover damages for the seizure of any property for a statutory forfeiture to the state, or for the detention of, or injury to property so seized, or for damages done to any person in making that seizure. (e) An action by a good faith improver for relief under Chapter 10 (commencing with Section 871.1) of Title 10 of Part 2. The time begins to run from the date upon which the good faith improver discovers that the good faith improver is not the owner of the land upon which the improvements have been made. (Amended by Stats. 2002, Ch. 448, Sec. 3. Effective January 1, 2003.)
  157. 340.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section removes any time limit for certain childhood sexual assault damages claims and adds special filing, service, and sealing rules for older plaintiffs and related defendants.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.1. (a) There is no time limit for the commencement of any of the following actions for recovery of damages suffered as a result of childhood sexual assault: (1) An action against any person for committing an act of childhood sexual assault. (2) An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. (3) An action for liability against any person or entity if an intentional act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. (b) (1) In an action described in subdivision (a), a person who is sexually assaulted and proves it was as the result of a cover up may recover up to treble damages against a defendant who is found to have covered up the sexual assault of a minor, unless prohibited by another law. (2) For purposes of this subdivision, a “cover up” is a concerted effort to hide evidence relating to childhood sexual assault. (c) “Childhood sexual assault” as used in this section includes any act committed against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would have been proscribed by Section 266j of the Penal Code; Section 285 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 286 of the Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 287 or of former Section 288a of the Penal Code; subdivision (h), (i), or (j) of Section 289 of the Penal Code; any sexual conduct as defined in paragraph (1) of subdivision (d) of Section 311.4 of the Penal Code; Section 647.6 of the Penal Code; or any prior laws of this state of similar effect at the time the act was committed. This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged perpetrator of the abuse. (d) This section shall not be construed to alter the otherwise applicable burden of proof, as defined in Section 115 of the Evidence Code, that a plaintiff has in a civil action subject to this section. (e) Every plaintiff 40 years of age or older at the time the action is filed shall file certificates of merit as specified in subdivision (f). (f) Certificates of merit setting forth the facts that support the declaration shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows: (1) That the attorney has reviewed the facts of the case, consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action. (2) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, that the practitioner is not treating and has not treated the plaintiff, and that the practitioner has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of the practitioner’s knowledge of the facts and issues, that in the practitioner’s professional opinion there is a reasonable basis to believe that the plaintiff had been subject to childhood sexual abuse. (g) If certificates are required pursuant to subdivision (e), the attorney for the plaintiff shall execute a separate certificate of merit for each defendant named in the complaint. (h) In any action subject to subdivision (e), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (f) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for the filing of the action against that defendant. At that time, the duty to serve that defendant with process shall attach. (i) A violation of this section may constitute unprofessional conduct and may be the grounds for discipline against the attorney. (j) The failure to file certificates in accordance with this section shall be grounds for a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435. (k) In any action subject to subdivision (e), a defendant shall be named by “Doe” designation in any pleadings or papers filed in the action until there has been a showing of corroborative fact as to the charging allegations against that defendant. (l) At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows: (1) The application shall be accompanied by a certificate of corroborative fact executed by the attorney for the plaintiff. The certificate shall declare that the attorney has discovered one or more facts corroborative of one or more of the charging allegations against a defendant or defendants, and shall set forth in clear and concise terms the nature and substance of the corroborative fact. If the corroborative fact is evidenced by the statement of a witness or the contents of a document, the certificate shall declare that the attorney has personal knowledge of the statement of the witness or of the contents of the document, and the identity and location of the witness or document shall be included in the certificate. For purposes of this section, a fact is corroborative of an allegation if it confirms or supports the allegation. The opinion of any mental health practitioner concerning the plaintiff shall not constitute a corroborative fact for purposes of this section. (2) If the application to name a defendant is made before that defendant’s appearance in the action, neither the application nor the certificate of corroborative fact by the attorney shall be served on the defendant or defendants, nor on any other party or their counsel of record. (3) If the application to name a defendant is made after that defendant’s appearance in the action, the application shall be served on all parties and proof of service provided to the court, but the certificate of corroborative fact by the attorney shall not be served on any party or their counsel of record. (m) The court shall review the application and the certificate of corroborative fact in camera and, based solely on the certificate and any reasonable inferences to be drawn from the certificate, shall, if one or more facts corroborative of one or more of the charging allegations against a defendant has been shown, order that the complaint may be amended to substitute the name of the defendant or defendants. (n) The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact filed pursuant to subdivision (l). (o) Upon the favorable conclusion of the litigation with respect to any defendant for whom a certificate of merit was filed or for whom a certificate of merit should have been filed pursuant to this section, the court may, upon the motion of a party or upon the court’s own motion, verify compliance with this section by requiring the attorney for the plaintiff who was required by subdivision (f) to execute the certificate to reveal the name, address, and telephone number of the person or persons consulted with pursuant to subdivision (f) that were relied upon by the attorney in preparation of the certificate of merit. The name, address, and telephone number shall be disclosed to the trial judge in camera and in the absence of the moving party. If the court finds there has been a failure to comply with this section, the court may order a party, a party’s attorney, or both, to pay any reasonable expenses, including attorney’s fees, incurred by the defendant for whom a certificate of merit should have been filed. (p) This section applies to any claim in which the childhood sexual assault occurred on and after January 1, 2024. Notwithstanding any other law, a claim for damages based on conduct described in paragraphs (1) through (3), inclusive, of subdivision (a), in which the childhood sexual assault occurred on or before December 31, 2023 may only be commenced pursuant to the applicable statute of limitations set forth in existing law as it read on December 31, 2023. (q) Notwithstanding any other law, including Chapter 1 of Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 900) and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 910), a claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a), is not required to be presented to any government entity prior to the commencement of an action. (Amended by Stats. 2023, Ch. 655, Sec. 1. (AB 452) Effective January 1, 2024.)
  158. 340.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    A special limitations rule applies to injury or death actions involving certain 9/11 terrorist victims.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.10. (a) For purposes of this section, “terrorist victim” means any individual who died or was injured as a consequence of the terrorist-related aircraft crashes of September 11, 2001, including persons who were present at the World Trade Center in New York City, New York, the Pentagon in Arlington, Virginia, or at the site of the crash at Shanksville, Pennsylvania, or in the immediate aftermath of the terrorist-related aircraft crashes of September 11, 2001, including members of the flight crew and passengers on American Airlines Flight 11, American Airlines Flight 77, United Airlines Flight 175, and United Airlines Flight 93, and who suffered physical harm or death as a result of any of the crashes, as defined in Section 40101 of Title 49 of the United States Code and the related, applicable regulations, other than an individual identified by the Attorney General of the United States as a participant or conspirator in the terrorist-related aircraft crashes, or a representative or heir of such an individual. (b) The statute of limitations for injury or death set forth in Section 335.1 shall apply to any action brought for injury to, or for the death of, any terrorist victim described in subdivision (a) and caused by the wrongful act or neglect of another, regardless of whether that action lapsed or was otherwise barred by time under California law predating the passage of this section and Section 335.1. (Added by Stats. 2002, Ch. 448, Sec. 4. Effective January 1, 2003.)
  159. 340.11.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section extends and modifies the time limits for civil actions seeking damages from childhood sexual assault, and it adds special certificate-of-merit, pleading, and service requirements for some plaintiffs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.11. (a) (1) Notwithstanding Section 340.1, in an action for recovery of damages suffered as a result of childhood sexual assault that occurred before January 1, 2024, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within five years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later, for any of the following actions: (A) An action against any person for committing an act of childhood sexual assault. (B) An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. (C) An action for liability against any person or entity if an intentional act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. (2) Notwithstanding paragraph (1) or Section 340.1, in an action for recovery of damages suffered as a result of childhood sexual assault that occurred before January 1, 2024, involving an act that would have been proscribed by Sections 311.1 or 311.2 of the Penal Code, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within 10 years of the date the plaintiff discovers or reasonably should have discovered, after the age of majority, the existence of obscene matter, for any of the actions identified in subparagraphs (A) to (C), inclusive, of paragraph (1). (b) (1) In an action described in subdivision (a), a person who is sexually assaulted and proves it was as the result of a cover up may recover up to treble damages against a defendant who is found to have covered up the sexual assault of a minor, unless prohibited by another law. (2) For purposes of this subdivision, a “cover up” is a concerted effort to hide evidence relating to childhood sexual assault. (c) An action described in subparagraph (B) or (C) of paragraph (1) of subdivision (a) shall not be commenced on or after the plaintiff’s 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault. For purposes of this subdivision, providing or requiring counseling is not sufficient, in and of itself, to constitute a reasonable step or reasonable safeguard. Nothing in this subdivision shall be construed to constitute a substantive change in negligence law. (d) “Childhood sexual assault” as used in this section includes any act committed against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would have been proscribed by Section 266j of the Penal Code; Section 285 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 286 of the Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 287 or of former Section 288a of the Penal Code; subdivision (h), (i), or (j) of Section 289 of the Penal Code; subdivision (a) of Section 311.1 of the Penal Code; subdivisions (b) to (d), inclusive, of Section 311.2 of the Penal Code; any sexual conduct as defined in paragraph (1) of subdivision (d) of Section 311.4 of the Penal Code; Section 647.6 of the Penal Code; or any prior laws of this state of similar effect at the time the act was committed. This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged perpetrator of the abuse. (e) This section shall not be construed to alter the otherwise applicable burden of proof, as defined in Section 115 of the Evidence Code, that a plaintiff has in a civil action subject to this section. (f) Every plaintiff 40 years of age or older at the time the action is filed shall file certificates of merit as specified in subdivision (g). (g) Certificates of merit shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows: (1) That the attorney has reviewed the facts of the case, consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action. (2) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, that the practitioner is not treating and has not treated the plaintiff, and that the practitioner has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of the practitioner’s knowledge of the facts and issues, that in the practitioner’s professional opinion there is a reasonable basis to believe that the plaintiff had been subject to childhood sexual abuse. (3) That the attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificates required by paragraphs (1) and (2) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificates required by paragraphs (1) and (2) shall be filed within 60 days after filing the complaint. (h) If certificates are required pursuant to subdivision (f), the attorney for the plaintiff shall execute a separate certificate of merit for each defendant named in the complaint. (i) In any action subject to subdivision (f), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (g) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for the filing of the action against that defendant. At that time, the duty to serve that defendant with process shall attach. (j) A violation of this section may constitute unprofessional conduct and may be the grounds for discipline against the attorney. (k) The failure to file certificates in accordance with this section shall be grounds for a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435. (l) In any action subject to subdivision (f), a defendant shall be named by “Doe” designation in any pleadings or papers filed in the action until there has been a showing of corroborative fact as to the charging allegations against that defendant. (m) At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows: (1) The application shall be accompanied by a certificate of corroborative fact executed by the attorney for the plaintiff. The certificate shall declare that the attorney has discovered one or more facts corroborative of one or more of the charging allegations against a defendant or defendants, and shall set forth in clear and concise terms the nature and substance of the corroborative fact. If the corroborative fact is evidenced by the statement of a witness or the contents of a document, the certificate shall declare that the attorney has personal knowledge of the statement of the witness or of the contents of the document, and the identity and location of the witness or document shall be included in the certificate. For purposes of this section, a fact is corroborative of an allegation if it confirms or supports the allegation. The opinion of any mental health practitioner concerning the plaintiff shall not constitute a corroborative fact for purposes of this section. (2) If the application to name a defendant is made before that defendant’s appearance in the action, neither the application nor the certificate of corroborative fact by the attorney shall be served on the defendant or defendants, nor on any other party or their counsel of record. (3) If the application to name a defendant is made after that defendant’s appearance in the action, the application shall be served on all parties and proof of service provided to the court, but the certificate of corroborative fact by the attorney shall not be served on any party or their counsel of record. (n) The court shall review the application and the certificate of corroborative fact in camera and, based solely on the certificate and any reasonable inferences to be drawn from the certificate, shall, if one or more facts corroborative of one or more of the charging allegations against a defendant has been shown, order that the complaint may be amended to substitute the name of the defendant or defendants. (o) The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact filed pursuant to subdivision (m). (p) Upon the favorable conclusion of the litigation with respect to any defendant for whom a certificate of merit was filed or for whom a certificate of merit should have been filed pursuant to this section, the court may, upon the motion of a party or upon the court’s own motion, verify compliance with this section by requiring the attorney for the plaintiff who was required by subdivision (g) to execute the certificate to reveal the name, address, and telephone number of the person or persons consulted with pursuant to subdivision (g) that were relied upon by the attorney in preparation of the certificate of merit. The name, address, and telephone number shall be disclosed to the trial judge in camera and in the absence of the moving party. If the court finds there has been a failure to comply with this section, the court may order a party, a party’s attorney, or both, to pay any reasonable expenses, including attorney’s fees, incurred by the defendant for whom a certificate of merit should have been filed. (q) Notwithstanding any other law, a claim for damages described in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (a) that has not been litigated to finality and that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired, is revived, and these claims may be commenced within three years of January 1, 2020. A plaintiff shall have the later of the three-year time period under this subdivision or the time period under subdivision (a) as amended by the act that added this subdivision. (r) The changes made to the time period under subdivision (a) of Section 340.1 by Chapter 861 of the Statutes of 2019 apply to and revive any action commenced on or after the date of enactment of that act, and to any action filed before the date of enactment, and still pending on that date, including any action or causes of action that would have been barred by the laws in effect before the date of enactment. (s) Notwithstanding any other law, including Chapter 1 of Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 900) and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 910), a claim for damages described in paragraphs (1) to (3), inclusive, of subdivision (a), is not required to be presented to any government entity prior to the commencement of an action. (Added by Stats. 2023, Ch. 877, Sec. 1. (SB 558) Effective January 1, 2024.)
  160. 340.15.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    A civil damages action based on domestic violence must be started within the later of two three-year periods: from the last act of domestic violence, or from when the plaintiff discovered or should have discovered the resulting injury or illness.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.15. (a) In any civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be the later of the following: (1) Within three years from the date of the last act of domestic violence by the defendant against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence by the defendant against the plaintiff. (b) As used in this section, “domestic violence” has the same meaning as defined in Section 6211 of the Family Code. (Amended by Stats. 1998, Ch. 123, Sec. 1. Effective January 1, 1999.)
  161. 340.16.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section sets filing deadlines for civil actions seeking damages from sexual assault, including revival windows for certain expired claims and a declaration requirement for some claims over $250,000.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.16. (a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (b) (1) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 264.1, 286, 287, or 289, or former Sections 262 and 288a, of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes. (2) For the purpose of this section, it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication. This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged person who committed the crime. (3) This section applies to any action described in subdivision (a) that is based upon conduct that occurred on or after January 1, 2009, and is commenced on or after January 1, 2019, that would have been barred solely because the applicable statute of limitations has or had expired. Such claims are hereby revived and may be commenced until December 31, 2026. This subdivision does not revive any of the following claims: (A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2023. (B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2023. (c) (1) Notwithstanding any other law, any claim seeking to recover more than two hundred fifty thousand dollars ($250,000) in damages arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center between January 1, 1988, and January 1, 2017, that would otherwise be barred before January 1, 2020, solely because the applicable statute of limitations has or had expired, is hereby revived and, a cause of action may proceed if already pending in court on October 2, 2019, or, if not filed by that date, may be commenced between January 1, 2020, and December 31, 2020. (2) This subdivision does not revive any of the following claims: (A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2020. (B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2020. (C) A claim brought against a public entity. (3) An attorney representing a claimant seeking to recover under this subdivision shall file a declaration with the court under penalty of perjury stating that the attorney has reviewed the facts of the case and consulted with a mental health practitioner, and that the attorney has concluded on the basis of this review and consultation that it is the attorney’s good faith belief that the claim value is more than two hundred fifty thousand dollars ($250,000). The declaration shall be filed upon filing the complaint, or for those claims already pending, by December 1, 2019. (d) (1) Notwithstanding any other law, any claim seeking to recover damages arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician while employed by a medical clinic owned and operated by the University of California, Los Angeles, or a physician who held active privileges at a hospital owned and operated by the University of California, Los Angeles, at the time that the sexual assault or other inappropriate contact, communication, or activity of a sexual nature occurred, between January 1, 1983, and January 1, 2019, that would otherwise be barred before January 1, 2021, solely because the applicable statute of limitations has or had expired, is hereby revived, and a cause of action may proceed if already pending in court on January 1, 2021, or, if not filed by that date, may be commenced between January 1, 2021, and December 31, 2021. (2) This subdivision does not revive either of the following claims: (A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2021. (B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2021. (e) (1) Notwithstanding any other law, any claim seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff’s 18th birthday that would otherwise be barred before January 1, 2026, solely because the applicable statute of limitations has or had expired, is hereby revived, and a cause of action may proceed if already pending in court on January 1, 2026, or, if not filed by that date, may be commenced between January 1, 2026, and December 31, 2027. (2) This subdivision revives claims against an entity brought by a plaintiff who alleges that the plaintiff was sexually assaulted and both of the following: (A) One or more entities or persons, including, but not limited to, the perpetrator of the sexual assault, are legally responsible for damages arising out of sexual assault by an alleged perpetrator against the plaintiff. (B) An entity or entities, including, but not limited to, their officers, directors, representatives, employees, or agents, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator of such abuse. (3) This subdivision revives claims against the perpetrator of the sexual assault brought by a plaintiff who alleges that the plaintiff was sexually assaulted and that one or more entities or persons, including, but not limited to, the perpetrator of the sexual assault, are legally responsible for damages arising out of the sexual assault against the plaintiff. (4) Failure to allege a cover up as required by subparagraph (B) of paragraph (2) as to one entity does not affect revival of the plaintiff’s claim or claims against any other entity or person, including the perpetrator of the sexual assault. (5) For purposes of this subdivision: (A) “Cover up” means a concerted effort to hide evidence relating to a sexual assault that incentivizes individuals to remain silent or prevents information relating to a sexual assault from becoming public or being disclosed to the plaintiff, including, but not limited to, the use of nondisclosure agreements or confidentiality agreements. (B) “Entity” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity, other than a public entity. (C) “Legally responsible” means that the person, entity, or entities are liable under any theory of liability established by statute or common law, including, but not limited to, negligence, intentional torts, and vicarious liability. (6) This subdivision revives any related claims, including, but not limited to, wrongful termination and sexual harassment, arising out of the sexual assault that is the basis for a claim pursuant to this subdivision. (7) This subdivision does not revive any of the following claims: (A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2026. (B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2026. (C) A claim, including a direct claim, derivative claim, and a vicarious liability claim, brought against a public entity. For any claim against the perpetrator or other persons, a public entity shall not have a duty to indemnify the perpetrator or other persons under Section 825 of the Government Code or any other law. (8) This subdivision shall not be construed to alter the otherwise applicable burden of proof, as defined in Section 115 of the Evidence Code, that a plaintiff has in a civil action subject to this section. (9) Nothing in this subdivision precludes a plaintiff from bringing an action for sexual assault pursuant to subdivisions (a) and (b). (Amended by Stats. 2025, Ch. 682, Sec. 1. (AB 250) Effective January 1, 2026.)
  162. 340.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    For asbestos-related injury, illness, or wrongful death claims, the action must be started within one year, measured from the later of the listed trigger dates.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.2. (a) In any civil action for injury or illness based upon exposure to asbestos, the time for the commencement of the action shall be the later of the following: (1) Within one year after the date the plaintiff first suffered disability. (2) Within one year after the date the plaintiff either knew, or through the exercise of reasonable diligence should have known, that such disability was caused or contributed to by such exposure. (b) “Disability” as used in subdivision (a) means the loss of time from work as a result of such exposure which precludes the performance of the employee’s regular occupation. (c) In an action for the wrongful death of any plaintiff’s decedent, based upon exposure to asbestos, the time for commencement of an action shall be the later of the following: (1) Within one year from the date of the death of the plaintiff’s decedent. (2) Within one year from the date the plaintiff first knew, or through the exercise of reasonable diligence should have known, that the death was caused or contributed to by such exposure. (Added by Stats. 1979, Ch. 513.)
  163. 340.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section sets deadlines for damages actions based on a defendant’s felony conviction, with a one-year rule, a possible 10-year rule in some cases, tolling while a stay lasts, and some exceptions that block the 10-year rule.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.3. (a) Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced. (b) (1) Notwithstanding subdivision (a), an action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted may be commenced within 10 years of the date on which the defendant is discharged from parole if the conviction was for any offense specified in paragraph (1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c) of Section 1192.7 of the Penal Code. (2) No civil action may be commenced pursuant to paragraph (1) if any of the following applies: (A) The defendant has received either a certificate of rehabilitation as provided in Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or a pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3 of the Penal Code. (B) Following a conviction for murder or attempted murder, the defendant has been paroled based in whole or in part upon evidence presented to the Board of Prison Terms that the defendant committed the crime because he or she was the victim of intimate partner battering. (C) The defendant was convicted of murder or attempted murder in the second degree in a trial at which substantial evidence was presented that the person committed the crime because he or she was a victim of intimate partner battering. (D) The defendant was unlawfully imprisoned or restrained but has been released from prison after successfully prosecuting a writ of habeas corpus pursuant to Chapter 1 (commencing with Section 1473) of Title 12 of Part 2 of the Penal Code. (c) If the sentence or judgment is stayed, the time for the commencement of the action shall be tolled until the stay is lifted. For purposes of this section, a judgment is not stayed if the judgment is appealed or the defendant is placed on probation. (d) (1) Subdivision (b) shall apply to any action commenced before, on, or after the effective date of this section, including any action otherwise barred by a limitation of time in effect prior to the effective date of this section, thereby reviving those causes of action that had lapsed or expired under the law in effect prior to the effective date of this section. (2) Paragraph (1) does not apply to either of the following: (A) Any claim that has been litigated to finality on the merits in any court of competent jurisdiction prior to January 1, 2003. For purposes of this section, termination of a prior action on the basis of the statute of limitations does not constitute a claim that has been litigated to finality on the merits. (B) Any written, compromised settlement agreement that has been entered into between a plaintiff and a defendant if the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed the agreement. (e) Any restitution paid by the defendant to the victim shall be credited against any judgment, award, or settlement obtained pursuant to this section. Any judgment, award, or settlement obtained pursuant to an action under this section shall be subject to the provisions of Section 13963 of the Government Code. (Amended by Stats. 2015, Ch. 465, Sec. 1. (AB 538) Effective January 1, 2016.)
  164. 340.35.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section revives certain childhood sexual abuse damages claims and generally requires them to be filed before January 1, 2006, subject to stated exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.35. (a) This section shall apply if both of the following conditions are met: (1) A complaint, information, or indictment was filed in a criminal case initiated pursuant to subdivision (f), (g), or (h) of Section 803 of the Penal Code. (2) The case was dismissed or overturned pursuant to the United States Supreme Court’s decision in Stogner v. California (2003) 156 L.Ed.2d 544. (b) Unless a longer period is prescribed for a specific action, any action for damages against an individual for committing an act of childhood sexual abuse shall be commenced before January 1, 2006. (c) This section shall apply to any action commenced before, on, or after the effective date of this section, including any action otherwise barred by a limitation of time in effect prior to the effective date of this section, thereby reviving those causes of action that had lapsed or expired under the law in effect prior to the effective date of this section. (d) This section shall not apply to any of the following: (1) Any claim against a person or entity other than the individual against whom a complaint, information, or indictment was filed as described in paragraph (1) of subdivision (a). (2) Any claim that has been litigated to finality on the merits in any court of competent jurisdiction prior to the effective date of this section. For purposes of this section, termination of a prior action on the basis of the statute of limitations does not constitute a claim that has been “litigated to finality on the merits.” (3) Any written, compromised settlement agreement that has been entered into between a plaintiff and a defendant, if the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed the agreement. (e) Any restitution paid by the defendant to the victim shall be credited against any judgment, award, or settlement obtained pursuant to this section. Any judgment, award, or settlement obtained pursuant to an action under this section shall be subject to Section 13966.01 of the Government Code. (Added by Stats. 2004, Ch. 741, Sec. 1. Effective January 1, 2005.)
  165. 340.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    A minor’s birth-injury lawsuit must be filed within six years after birth.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.4. An action by or on behalf of a minor for personal injuries sustained before or in the course of his or her birth must be commenced within six years after the date of birth, and the time the minor is under any disability mentioned in Section 352 shall not be excluded in computing the time limited for the commencement of the action. (Added by Stats. 1992, Ch. 163, Sec. 16. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  166. 340.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Medical malpractice and wrongful death claims against a health care provider must be filed within the stated time limits, with special tolling rules for fraud, concealment, foreign bodies, and some minor claims.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.5. In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant’s insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence. For the purposes of this section: (1) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider; (2) “Professional negligence” means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital. (Amended by Stats. 1975, 2nd Ex. Sess., Ch. 2.)
  167. 340.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    An action against an attorney for a wrongful act or omission must be filed within the stated time limits, with special tolling rules and a separate two-year period for claims requiring proof of factual innocence after postconviction exoneration.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.6. (a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. If the plaintiff is required to establish the plaintiff’s factual innocence for an underlying criminal charge as an element of the plaintiff’s claim, the action shall be commenced within two years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case. Except for a claim for which the plaintiff is required to establish the plaintiff’s factual innocence, the time for commencement of legal action shall not exceed four years except that the period shall be tolled during the time that any of the following exist: (1) The plaintiff has not sustained actual injury. (2) The attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred. (3) The attorney willfully conceals the facts constituting the wrongful act or omission when those facts are known to the attorney, except that this subdivision shall toll only the four-year limitation. (4) The plaintiff is under a legal or physical disability that restricts the plaintiff’s ability to commence legal action. (5) A dispute between the lawyer and client concerning fees, costs, or both is pending resolution under Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. As used in this paragraph, “pending” means from the date a request for arbitration is filed until 30 days after receipt of notice of the award of the arbitrators, or receipt of notice that the arbitration is otherwise terminated, whichever occurs first. (b) In an action based upon an instrument in writing, the effective date of which depends upon some act or event of the future, the period of limitations provided for by this section shall commence to run upon the occurrence of that act or event. (Amended by Stats. 2019, Ch. 13, Sec. 2. (AB 692) Effective January 1, 2020.)
  168. 340.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    A Dalkon Shield victim’s civil action against the Dalkon Shield Claimants’ Trust must follow the A.H. Robins Plan procedures and be filed within 15 years of the injury date, subject to tolling from August 21, 1985.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.7. (a) Notwithstanding Section 335.1, a civil action brought by, or on behalf of, a Dalkon Shield victim against the Dalkon Shield Claimants’ Trust, shall be brought in accordance with the procedures established by A.H. Robins Company, Inc. Plan of Reorganization, and shall be brought within 15 years of the date on which the victim’s injury occurred, except that the statute shall be tolled from August 21, 1985, the date on which the A.H. Robins Company filed for Chapter 11 Reorganization in Richmond, Virginia. (b) This section applies regardless of when the action or claim shall have accrued or been filed and regardless of whether it might have lapsed or otherwise be barred by time under California law. However, this section shall only apply to victims who, prior to January 1, 1990, filed a civil action, a timely claim, or a claim that is declared to be timely under the sixth Amended and Restated Disclosure Statement filed pursuant to Section 1125 of the Federal Bankruptcy Code in re: A.H. Robins Company, Inc., dated March 28, 1988, U.S. Bankruptcy Court, Eastern District of Virginia (case number 85-01307-R). (Amended by Stats. 2008, Ch. 179, Sec. 34. Effective January 1, 2009.)
  169. 340.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Civil actions for injury, illness, or wrongful death tied to hazardous material or toxic substance exposure must be started within the stated two-year limits.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.8. (a) In any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be no later than either two years from the date of injury, or two years after the plaintiff becomes aware of, or reasonably should have become aware of, (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later. (b) In an action for the wrongful death of any plaintiff’s decedent, based upon exposure to a hazardous material or toxic substance, the time for commencement of an action shall be no later than either (1) two years from the date of the death of the plaintiff’s decedent, or (2) two years from the first date on which the plaintiff is aware of, or reasonably should have become aware of, the physical cause of the death and sufficient facts to put a reasonable person on inquiry notice that the death was caused or contributed to by the wrongful act of another, whichever occurs later. (c) For purposes of this section: (1) A “civil action for injury or illness based upon exposure to a hazardous material or toxic substance” does not include an action subject to Section 340.2 or 340.5. (2) Media reports regarding the hazardous material or toxic substance contamination do not, in and of themselves, constitute sufficient facts to put a reasonable person on inquiry notice that the injury or death was caused or contributed to by the wrongful act of another. (d) Nothing in this section shall be construed to limit, abrogate, or change the law in effect on the effective date of this section with respect to actions not based upon exposure to a hazardous material or toxic substance. (Added by Stats. 2003, Ch. 873, Sec. 1. Effective January 1, 2004.)
  170. 340.9.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain Northridge earthquake insurance claims that were time-barred only because the limitations period expired may be revived and filed within one year of the section’s effective date, if the insured contacted the insurer before January 1, 2000.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 340.9. (a) Notwithstanding any other provision of law or contract, any insurance claim for damages arising out of the Northridge earthquake of 1994 which is barred as of the effective date of this section solely because the applicable statute of limitations has or had expired is hereby revived and a cause of action thereon may be commenced provided that the action is commenced within one year of the effective date of this section. This subdivision shall only apply to cases in which an insured contacted an insurer or an insurer’s representative prior to January 1, 2000, regarding potential Northridge earthquake damage. (b) Any action pursuant to this section commenced prior to, or within one year from, the effective date of this section shall not be barred based upon this limitations period. (c) Nothing in this section shall be construed to alter the applicable limitations period of an action that is not time barred as of the effective date of this section. (d) This section shall not apply to either of the following: (1) Any claim that has been litigated to finality in any court of competent jurisdiction prior to the effective date of this section. (2) Any written compromised settlement agreement which has been made between an insurer and its insured where the insured was represented by counsel admitted to the practice of law in California at the time of the settlement, and who signed the agreement. (Added by Stats. 2000, Ch. 1090, Sec. 1. Effective January 1, 2001.)
  171. 341.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain actions against an officer or de facto officer must be brought within six months.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 341. Within six months: An action against an officer, or officer de facto: 1. To recover any goods, wares, merchandise, or other property, seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure. 2. To recover stock sold for a delinquent assessment, as provided in section three hundred forty-seven of the Civil Code. 3. To set aside or invalidate any action taken or performed by a majority of the trustees of any corporation heretofore or hereafter dissolved by operation of law, including the revivor of any such corporation. (Amended by Stats. 1917, Ch. 217.)
  172. 341.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain local-government lawsuits against the State of California challenging statutes about state funding must be filed within 90 days of the statute’s effective date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 341.5. Notwithstanding any other provision of law, any action or proceeding in which a county, city, city and county, school district, special district, or any other local agency is a plaintiff or petitioner, that is brought against the State of California challenging the constitutionality of any statute relating to state funding for counties, cities, cities and counties, school districts, special districts, or other local agencies, shall be commenced within 90 days of the effective date of the statute at issue in the action. For purposes of this section, “State of California” means the State of California itself, or any of its agencies, departments, commissions, boards, or public officials. (Amended by Stats. 1994, Ch. 156, Sec. 1. Effective July 11, 1994.)
  173. 341a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Civil actions to recover or convert certain personal property left at listed lodging or care facilities must be started within 90 days after the owner leaves.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 341a. All civil actions for the recovery or conversion of personal property, wearing apparel, trunks, valises or baggage alleged to have been left at a hotel, hospital, rest home, sanitarium, boarding house, lodging house, furnished apartment house, or furnished bungalow court, shall be begun within 90 days from and after the date of the departure of the owner of said personal property, wearing apparel, trunks, valises or baggage from said hotel, hospital, rest home, sanitarium, boarding house, lodging house, furnished apartment house, or furnished bungalow court. (Amended by Stats. 1943, Ch. 405.)
  174. 342.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    A covered action against a public entity must be started within the time stated in Government Code Section 945.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 342. An action against a public entity upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code must be commenced within the time provided in Section 945.6 of the Government Code. (Added by Stats. 1963, Ch. 1715.)
  175. 343.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Certain actions for relief must be started within four years after the cause of action accrues.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 343. An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued. (Enacted 1872.)
  176. 344.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    For certain balance-due actions on mutual, open, current accounts with reciprocal demands, the claim accrues from the last item proved in the account on either side.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 344. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. (Enacted 1872.)
  177. 345.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section applies the chapter’s limitation rules to actions brought for the state or county, and allows certain hospital patient-support accounts to be sued on within four years after service or payment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 345. The limitations prescribed in this chapter apply to actions brought in the name of the state or county or for the benefit of the state or county, in the same manner as to actions by private parties. Accounts for the support of patients at state or county hospitals are book accounts as defined in Section 337a, and actions on them may be commenced at any time within four years after the last date of service or the last date of payment. (Amended by Stats. 1984, Ch. 797, Sec. 1.)
  178. 346.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    A mortgagor, or someone claiming under the mortgagor, may sue to redeem real property mortgage, unless the other side has continuously held adverse possession for five years after a mortgage breach.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 346. An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises for five years after breach of some condition of the mortgage. (Enacted 1872.)
  179. 347.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    If there is more than one mortgagor or claimant under a mortgagor, an entitled person may redeem part of the mortgaged property and get an accounting.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 347. If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provisions of this Chapter, any one of them who is entitled to maintain such an action may redeem therein a divided or undivided part of the mortgaged premises, according as his interest may appear and have an accounting, for a part of the rents and profits proportionate to his interest in the mortgaged premises, on payment of a part of the mortgage money, bearing the same proportion to the whole of such money as the value of his divided or undivided interest in the premises bears to the whole of such premises. (Enacted 1872.)
  180. 348.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    There is no limitation period for actions to recover money or other property deposited with certain banks and similar institutions, except when the institution is insolvent and in liquidation.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 348. To actions brought to recover money or other property deposited with any bank, banker, trust company, building and loan association, or savings and loan society or evidenced by a certificate issued by an industrial loan company or credit union there is no limitation. This section shall not apply to banks, bankers, trust companies, building and loan associations, industrial loan companies, credit unions, and savings and loan societies which have become insolvent and are in process of liquidation and in such cases the statute of limitations shall be deemed to have commenced to run from the beginning of the process of liquidation; provided, however, nothing herein contained shall be construed so as to relieve any stockholder of any banking corporation or trust company from stockholders’ liability as shall at any time, be provided by law. (Amended by Stats. 1955, Ch. 208.)
  181. 348.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    An action on California state bonds or coupons has no limitation period.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 348.5. An action upon any bonds or coupons issued by the State of California shall have no limitation. (Added by Stats. 2010, Ch. 719, Sec. 8. (SB 856) Effective October 19, 2010.)
  182. 349.05.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section sets deadlines for certain oil-and-gas-related civil actions, generally requiring them to be brought within 180 days, with special accrual and damage rules in some cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 349.05. Within one hundred eighty days: (a) An action to enjoin, abate, or for damages on account of, an underground trespass, use or occupancy, by means of a well drilled for oil or gas or both from a surface location on land other than real property in which the aggrieved party has some right, title or interest or in respect to which the aggrieved party has some right, title or interest. (b) An action for conversion or for the taking or removing of oil, gas or other liquid, or fluids by means of any such well. When any of said acts is by means of a new well the actual drilling of which is commenced after this section becomes effective, and such act was knowingly committed with actual intent to commit such act, the cause of action in such case shall not be deemed to have accrued until the discovery, by the aggrieved party, of the act or acts complained of; but in all other cases, and as to wells heretofore or hereafter drilled, the cause of action shall be deemed to have accrued ten days after the time when the well which is the subject of the cause of action was first placed on production. Notwithstanding the continuing character of any such act, there shall be but one cause of action for any such act, and the cause of action shall accrue as aforesaid. In all cases where oil or gas has been heretofore or is hereafter extracted from any existing or subsequently drilled well in this state, by a person without right but asserting a claim of right in good faith or acting under an honest mistake of law or fact, the measure of damages, if there be any right of recovery under existing law, shall be the value of the oil or gas at the time of extraction, without interest, after deducting all costs of development, operation and production, which costs shall include taxes and interest on all expenditures from the date thereof. This section applies to causes of action existing when this section becomes effective. The time for commencement of existing causes of action which would be barred by this section within the first one hundred eighty days after this section becomes effective, shall be the said first one hundred eighty days. Whenever the term “oil” is used in this section it shall be taken to include “petroleum,” and the term “gas” shall mean natural gas coming from the earth. The limitations prescribed by this section do not apply to rights of action or actions to be brought in the name of or for the benefit of the people of this State, or of any county, city and county, city or other political subdivision of this State. (Added by renumbering Section 349¾ by Stats. 2020, Ch. 370, Sec. 34. (SB 1371) Effective January 1, 2021.)
  183. 349.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Challenges to certain local government acts taken under color of law must be brought within six months after the acts are completed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 349.1. The validity of any acts or proceedings taken under color of law for the formation, organization, incorporation, dissolution, consolidation, change of organization or reorganization of, or for any change in the territorial boundaries of, any city, county, city and county, special district, public corporation or other public entity, or improvement district within any of the foregoing, shall not be contested in any action unless such action shall have been brought within six months from the date of completion of said acts or proceedings. Unless an action is commenced within said period all said acts or proceedings shall be held valid and in every respect legal and incontestable. This section shall not amend or repeal any existing statute prescribing a shorter period of limitation than that specified herein. (Amended by Stats. 1965, Ch. 2044.)
  184. 349.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    Challenges to the validity of bond-related acts or proceedings must be brought within six months, depending on the bond step involved.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 349.2. Where any acts or proceedings are taken under color of law by or on behalf of any city, county, city and county, special district, public corporation or other public entity for the authorization, sale or issuance of bonds: (1) The validity of any such acts or proceedings for the authorization of bonds shall not be contested in any action unless such action shall have been brought within six months from the date of election authorizing said bonds, in cases where said bonds are required by law to be authorized at an election, or within six months from the date of adoption of a resolution or ordinance authorizing such bonds, in cases where bonds are not required by law to be authorized at an election; (2) The validity of any such acts or proceedings for the sale of bonds (including all acts or proceedings taken prior thereto and providing for the issuance of such bonds) shall not be contested in any action unless such action shall have been brought within six months from the date of sale of said bonds; (3) The validity of any such acts or proceedings for the issuance and delivery of, or payment for, bonds shall not be contested in any action unless such action shall have been brought within six months from the date of issuance and delivery of, or payment for, said bonds. Unless an action is commenced within the applicable time hereinabove specified, said acts or proceedings for the authorization, sale or issuance of bonds shall be held valid and in every respect legal and incontestable. This section shall not amend or repeal any existing statute prescribing a shorter period of limitation than that specified herein. As used in this section, the term “bonds” means all instruments evidencing indebtedness incurred or to be incurred for any public purpose, all instruments evidencing the borrowing of money in anticipation of taxes, revenues or other income of a public body, all instruments payable from revenues or special funds, and all instruments funding or refunding any thereof or any indebtedness, but shall not include any special assessment bonds, special assessment refunding bonds, or bonds or other instruments issued to represent special assessments which are, directly or indirectly, secured by or payable from specific assessments levied against lands benefited, including bonds or other instruments issued under or pursuant to any statute, charter or ordinance providing for the improvement of streets, the opening and widening of streets, the provision for off-street parking, or the refunding of any of the same. (Added by Stats. 1957, Ch. 1345.)
  185. 349.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. )

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    This section lets an entity validate certain formation, boundary-change, and bond actions, and sets a notice process with a 60-day period for property owners to contest them.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) ## 349.4. All acts and proceedings heretofore or hereafter taken under color of law for the formation, organization or incorporation of, or for any change in the territorial boundaries of, any city, county, city and county, special district, public corporation or other public entity, or improvement district, annexed area or zone within any of the foregoing, and for the authorization, issuance, sale, or exchange of bonds of the entity or the territory thereof may be confirmed, validated, and declared legally effective in the manner provided in this section. The legislative body of the entity may instruct its clerk or secretary to mail a notice to all owners of property within the entity, within the improvement district or zone, or within the annexed area, as the case may be, as their names and addresses appear on the last equalized county assessment roll, or as known to the clerk or secretary. Such notice shall include the name of the entity, the date the entity or the zone or improvement district therein was ordered formed or its territory changed by annexation or otherwise, as the case may be, the amount of bonds authorized, if any, and a statement that commencing with the date of mailing of said notice there shall be a 60-calendar-day period during which period any property owner may file an action contesting the validity of the formation of the entity, or of such improvement district or zone, or of such change of boundaries by annexation or otherwise, as the case may be, or the validity of the bond authorization, if any. The clerk or secretary shall make and file with the legislative body of the entity a certificate of mailing of the notices. The legislative body of the entity may order the clerk or secretary to include in such notice such other additional information that it deems pertinent. If no action is filed during such 60-day period, the formation of the entity or of such improvement district or zone, or the change of boundaries by annexation or otherwise, as the case may be, and the bond authorization, if any, are valid and uncontestable. (Added by Stats. 1977, Ch. 7.)
  186. 350.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    An action starts, for this title, when the complaint is filed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 350. An action is commenced, within the meaning of this Title, when the complaint is filed. (Enacted 1872.)
  187. 351.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    If a person is outside the State when a cause of action accrues, the action may be started after that person returns, and the absence period does not count toward the filing time limit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 351. If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action. (Enacted 1872.)
  188. 352.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    When a qualifying claimant was under the age of majority or lacked legal capacity when the cause of action accrued, that disability time does not count toward the time limit for starting the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 352. (a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action. (b) This section shall not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) or Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government Code. This subdivision shall not apply to any claim presented to a public entity prior to January 1, 1971. (Amended by Stats. 2014, Ch. 144, Sec. 4. (AB 1847) Effective January 1, 2015.)
  189. 352.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    A prison-related disability can pause the time limit for starting certain actions, but the pause cannot exceed two years.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 352.1. (a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335), is, at the time the cause of action accrued, imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life, the time of that disability is not a part of the time limited for the commencement of the action, not to exceed two years. (b) This section does not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) or Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government Code. This subdivision shall not apply to any claim presented to a public entity prior to January 1, 1971. (c) This section does not apply to an action, other than an action to recover damages or that portion of an action that is for the recovery of damages, relating to the conditions of confinement, including an action brought by that person pursuant to Section 1983 of Title 42 of the United States Code. (Added by Stats. 1994, Ch. 1083, Sec. 5. Effective January 1, 1995.)
  190. 352.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    If a person gets an order for restitution as a condition of probation for the act or omission that caused liability, that period does not count toward the time limit for starting the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 352.5. If, after a cause of action accrues against a person, that person comes under an order for restitution as a condition of probation with respect to the specific act or omission giving rise to such person’s liability, the time during which the order is in effect is not a part of the time limited for the commencement of such an action based upon that act or omission. (Added by Stats. 1976, Ch. 282.)
  191. 353.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    A person covered by this section gets six months from the order assuming jurisdiction to file or start the matter, if the normal limitation period would have expired.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 353.1. If a person entitled to bring an action or other proceeding, which action or other proceeding has not been filed or otherwise instituted, is represented by an attorney over whose practice a court of this state has assumed jurisdiction pursuant to Section 6180 or Section 6190 of the Business and Professions Code, and the application for the court to assume jurisdiction is filed prior to the expiration of the applicable statute of limitation or claim statute, the person shall have six months from the date of entry of the order assuming jurisdiction within which to file or otherwise institute the matter, if the applicable statute of limitation otherwise would have expired. (Added by Stats. 1983, Ch. 254, Sec. 3.)
  192. 354.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    If a state of war makes a person unable to commence an action, that disability time does not count toward the time limit for starting the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 354. When a person is, by reason of the existence of a state of war, under a disability to commence an action, the time of the continuance of such disability is not part of the period limited for the commencement of the action whether such cause of action shall have accrued prior to or during the period of such disability. (Amended by Stats. 1943, Ch. 151.)
  193. 354.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    This section lets owners, heirs, or beneficiaries of Holocaust-era artwork sue to recover that artwork from certain museums or galleries, and it bars dismissal for statute-of-limitation reasons if the action is started by December 31, 2010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 354.3. (a) The following definitions govern the construction of this section: (1) “Entity” means any museum or gallery that displays, exhibits, or sells any article of historical, interpretive, scientific, or artistic significance. (2) “Holocaust-era artwork” means any article of artistic significance taken as a result of Nazi persecution during the period of 1929 to 1945, inclusive. (b) Notwithstanding any other provision of law, any owner, or heir or beneficiary of an owner, of Holocaust-era artwork, may bring an action to recover Holocaust-era artwork from any entity described in paragraph (1) of subdivision (a). Subject to Section 410.10, that action may be brought in a superior court of this state, which court shall have jurisdiction over that action until its completion or resolution. Section 361 does not apply to this section. (c) Any action brought under this section shall not be dismissed for failure to comply with the applicable statute of limitation, if the action is commenced on or before December 31, 2010. (Added by Stats. 2002, Ch. 332, Sec. 2. Effective January 1, 2003.)
  194. 354.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    This section lets certain Armenian Genocide victims, heirs, or beneficiaries sue or continue insurance-related claims in California courts, and blocks dismissal for statute-of-limitations reasons if filed by December 31, 2016.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 354.4. (a) The following definitions govern the construction of this section: (1) “Armenian Genocide victim” means any person of Armenian or other ancestry living in the Ottoman Empire during the period of 1915 to 1923, inclusive, who died, was deported, or escaped to avoid persecution during that period. (2) “Insurer” means an insurance provider doing business in the state, or whose contacts in the state satisfy the constitutional requirements for jurisdiction, that sold life, property, liability, health, annuities, dowry, educational, casualty, or any other insurance covering persons or property to persons in Europe or Asia at any time between 1875 and 1923. (b) Notwithstanding any other provision of law, any Armenian Genocide victim, or heir or beneficiary of an Armenian Genocide victim, who resides in this state and has a claim arising out of an insurance policy or policies purchased or in effect in Europe or Asia between 1875 and 1923 from an insurer described in paragraph (2) of subdivision (a), may bring a legal action or may continue a pending legal action to recover on that claim in any court of competent jurisdiction in this state, which court shall be deemed the proper forum for that action until its completion or resolution. (c) Any action, including any pending action brought by an Armenian Genocide victim or the heir or beneficiary of an Armenian Genocide victim, whether a resident or nonresident of this state, seeking benefits under the insurance policies issued or in effect between 1875 and 1923 shall not be dismissed for failure to comply with the applicable statute of limitation, provided the action is filed on or before December 31, 2016. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2011, Ch. 70, Sec. 1. (AB 173) Effective July 8, 2011.)
  195. 354.45.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    Certain California residents with claims over deposited or looted Armenian Genocide-related assets may file or continue actions in state courts, and such cases cannot be dismissed for statute-of-limitations failure if filed by December 31, 2016.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 354.45. (a) For purposes of this section, the following terms have the following meanings: (1) “Armenian Genocide victim” means any person of Armenian or other ancestry living in the Ottoman Empire during the period of 1890 to 1923, inclusive, who died, was injured in person or property, was deported, or escaped to avoid persecution during that period. (2) “Bank” means any banking or financial institution, including any institution that issued bonds, that conducted business in Ottoman Turkey at any time during the period of 1890 to 1923, inclusive. (3) “Deposited assets” means any and all cash, securities, bonds, gold, jewels or jewelry, or any other tangible or intangible items of personal property, or any documents indicating ownership or possessory interests in real, personal, or intangible property, that were deposited with and held by a bank. (4) “Looted assets” means any and all personal, commercial, real, and intangible property, including cash, securities, gold, jewelry, businesses, artwork, equipment, and intellectual property, that was taken from the ownership or control of an individual, organization, or entity, by theft, forced transfer, or exploitation, during the period of 1890 to 1923, inclusive, by any person, organization, or entity acting on behalf of, or in furtherance of the acts of, the Turkish Government, that were received by and deposited with a bank. (b) Notwithstanding any other law, any Armenian Genocide victim, or heir or beneficiary of an Armenian Genocide victim, who resides in this state and has a claim arising out of a failure of a bank to pay or turn over deposited assets, or to turn over looted assets, may bring an action or may continue a pending action, to recover on that claim in any court of competent jurisdiction in this state, which court shall be deemed the proper forum for that action until its completion or resolution. (c) Any action, including any pending action brought by an Armenian Genocide victim, or the heir or beneficiary of an Armenian Genocide victim, who resides in this state, seeking payment for, or the return of, deposited assets, or the return of looted assets, shall not be dismissed for failure to comply with the applicable statute of limitation, if the action is filed on or before December 31, 2016. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2006, Ch. 443, Sec. 2. Effective January 1, 2007.)
  196. 354.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    Certain Holocaust victims, heirs, or beneficiaries may sue in a California superior court over pre-1945 Europe insurance claims, and those actions are protected from dismissal for statute-of-limitations problems if filed by December 31, 2010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 354.5. (a) The following definitions govern the construction of this section: (1) “Holocaust victim” means any person who was persecuted during the period of 1929 to 1945, inclusive, by Nazi Germany, its allies, or sympathizers. (2) “Related company” means any parent, subsidiary, reinsurer, successor in interest, managing general agent, or affiliate company of the insurer. (3) “Insurer” means an insurance provider doing business in the state, or whose contacts in the state satisfy the constitutional requirements for jurisdiction, that sold life, property, liability, health, annuities, dowry, educational, casualty, or any other insurance covering persons or property to persons in Europe at any time before 1945, directly or through a related company, whether the sale of the insurance occurred before or after the insurer and the related company became related. (b) Notwithstanding any other provision of law, any Holocaust victim, or heir or beneficiary of a Holocaust victim, who resides in this state and has a claim arising out of an insurance policy or policies purchased or in effect in Europe before 1945 from an insurer described in paragraph (3) of subdivision (a), may bring a legal action to recover on that claim in any superior court of the state for the county in which the plaintiff or one of the plaintiffs resides, which court shall be vested with jurisdiction over that action until its completion or resolution. (c) Any action brought by a Holocaust victim or the heir or beneficiary of a Holocaust victim, whether a resident or nonresident of this state, seeking proceeds of the insurance policies issued or in effect before 1945 shall not be dismissed for failure to comply with the applicable statute of limitation, provided the action is commenced on or before December 31, 2010. (Amended by Stats. 1999, Ch. 827, Sec. 1. Effective October 10, 1999.)
  197. 354.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 354.6. (a) As used in this section: (1) “Second World War slave labor victim” means any person taken from a concentration camp or ghetto or diverted from transportation to a concentration camp or from a ghetto to perform labor without pay for any period of time between 1929 and 1945, by the Nazi regime, its allies and sympathizers, or enterprises transacting business in any of the areas occupied by or under control of the Nazi regime or its allies and sympathizers. (2) ‛Second World War forced labor victim” means any person who was a member of the civilian population conquered by the Nazi regime, its allies or sympathizers, or prisoner-of-war of the Nazi regime, its allies or sympathizers, forced to perform labor without pay for any period of time between 1929 and 1945, by the Nazi regime, its allies and sympathizers, or enterprises transacting business in any of the areas occupied by or under control of the Nazi regime or its allies and sympathizers. (3) “Compensation” means the present value of wages and benefits that individuals should have been paid and damages for injuries sustained in connection with the labor performed. Present value shall be calculated on the basis of the market value of the services at the time they were performed, plus interest from the time the services were performed, compounded annually to date of full payment without diminution for wartime or postwar currency devaluation. (b) Any Second World War slave labor victim, or heir of a Second World War slave labor victim, Second World War forced labor victim, or heir of a Second World War forced labor victim, may bring an action to recover compensation for labor performed as a Second World War slave labor victim or Second World War forced labor victim from any entity or successor in interest thereof, for whom that labor was performed, either directly or through a subsidiary or affiliate. That action may be brought in a superior court of this state, which court shall have jurisdiction over that action until its completion or resolution. (c) Any action brought under this section shall not be dismissed for failure to comply with the applicable statute of limitation, if the action is commenced on or before December 31, 2010. (Added by Stats. 1999, Ch. 216, Sec. 4. Effective July 28, 1999.)
  198. 354.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    This section defines “Bracero” and “Savings fund,” lets a bracero or the bracero’s heir or beneficiary sue or continue suit over unpaid savings-fund amounts, and blocks dismissal on statute-of-limitations grounds if filed by December 31, 2005.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 354.7. (a) The following definitions govern the construction of this section: (1) “Bracero” means any person who participated in the labor importation program known as the Bracero program between January 1, 1942, and January 1, 1950, pursuant to agreements between the United States and Mexico. (2) “Savings fund” means funds withheld from the wages of braceros as savings to be paid to braceros upon their return to Mexico. (b) Notwithstanding any other provision of law, any bracero, or heir or beneficiary of a bracero, who has a claim arising out of a failure to pay or turn over savings fund amounts may bring a legal action or may continue a pending legal action to recover on that claim in any court of competent jurisdiction in this state, which court shall be deemed a proper forum for that action until its completion or resolution. (c) Notwithstanding any other provision of law, any action brought by a bracero, or heir or beneficiary of a bracero, arising out of a failure to pay or turn over savings fund amounts shall not be dismissed for failure to comply with the otherwise applicable statute of limitations, provided the action is filed on or before December 31, 2005. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2002, Ch. 1070, Sec. 2. Effective September 29, 2002.)
  199. 354.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    Certain civil actions must be started within 10 years, and some related claims cannot be dismissed for a prior limitations defect.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 354.8. (a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years: (1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following: (A) An act of torture, as described in Section 206 of the Penal Code. (B) An act of genocide, as described in Section 1091(a) of Title 18 of the United States Code. (C) A war crime, as defined in Section 2441 of Title 18 of the United States Code. (D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102-256. (E) (i) Crimes against humanity. (ii) For purposes of this paragraph, “crimes against humanity” means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack: (I) Murder. (II) Extermination. (III) Enslavement. (IV) Forcible transfer of population. (V) Arbitrary detention. (VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity. (VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds. (VIII) Enforced disappearance of persons. (IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury. (2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102-256. (3) An action for the taking of property in violation of international law, in which either of the following apply: (A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state. (B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States. (4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive. (b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations. (c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state. (d) A prevailing plaintiff may be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs. (e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016. (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2015, Ch. 474, Sec. 2. (AB 15) Effective January 1, 2016.)
  200. 355.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. )

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    If the original action was filed on time and the plaintiff’s judgment is reversed on appeal for a reason other than the merits, a new action may be filed within one year after the reversal.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) ## CHAPTER 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 355. If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal other than on the merits, a new action may be commenced within one year after the reversal. (Amended by Stats. 1992, Ch. 178, Sec. 7. Effective January 1, 1993.)

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