Code of Civil Procedure — Part 9 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 9 of 17 · provisions 1,601–1,800

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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. 356.

    ## 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 starting a civil action is stopped by an injunction or statutory prohibition, that blocked period does not count toward the filing 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 4. General Provisions as to the Time of Commencing Actions [350 - 363] ( Chapter 4 enacted 1872. ) ## 356. When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. (Enacted 1872.)
  2. 357.

    ## 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 may not rely on a disability unless the disability existed when the right of action accrued.

    ## 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. ) ## 357. No person can avail himself of a disability, unless it existed when his right of action accrued. (Enacted 1872.)
  3. 358.

    ## 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 two or more disabilities exist when a cause of action accrues, the limitation period does not start until those disabilities are removed.

    ## 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. ) ## 358. When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed. (Enacted 1872.)
  4. 359.

    ## 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 title does not change actions against corporate directors, shareholders, or members that seek a penalty, forfeiture, or liability created by law; those actions must be filed within 3 years after the aggrieved party discovers the relevant facts.

    ## 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. ) ## 359. This title does not affect actions against directors, shareholders, or members of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created. (Amended by Stats. 1978, Ch. 1305.)
  5. 359.5.

    ## 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 surety bond depends on the principal’s performance, and the limitation period for the principal’s related obligations expires, an action on the bond is barred unless the bond says otherwise.

    ## 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. ) ## 359.5. If the obligations under a surety bond are conditioned upon performance of the principal, the expiration of the statute of limitations with respect to the obligations of the principal, other than the obligations of the principal under the bond, shall also bar an action against the principal or surety under the bond, unless the terms of the bond provide otherwise. (Added by Stats. 1982, Ch. 106, Sec. 1.)
  6. 36.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Courts of Justice in General [35 - 38] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    This section lets certain civil litigants ask for trial preference, and requires the court to grant or set preference in specified cases.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Courts of Justice in General [35 - 38] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 36. (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation. (b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision. (c) Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. (2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. (d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. (g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. (Amended by Stats. 2008, Ch. 218, Sec. 1. Effective January 1, 2009.)
  7. 36.5.

    ## 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 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Courts of Justice in General [35 - 38] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    An attorney for the party seeking preference may sign a supporting affidavit based on information and belief about a party’s medical diagnosis and prognosis; the affidavit may be used only for a preference motion under Section 36(a).

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Courts of Justice in General [35 - 38] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 36.5. An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under subdivision (a) of Section 36. (Added by Stats. 1990, Ch. 1232, Sec. 1.)
  8. 360.

    ## 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 acknowledgment or promise only counts if it is in writing and signed by the party to be charged; a qualifying payment on a promissory note can restart the time to sue, but payment alone does not revive a barred claim.

    ## 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. ) ## 360. No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby, provided that any payment on account of principal or interest due on a promissory note made by the party to be charged shall be deemed a sufficient acknowledgment or promise of a continuing contract to stop, from time to time as any such payment is made, the running of the time within which an action may be commenced upon the principal sum or upon any installment of principal or interest due on such note, and to start the running of a new period of time, but no such payment of itself shall revive a cause of action once barred. (Amended by Stats. 1955, Ch. 417.)
  9. 360.5.

    ## 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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    A waiver cannot block a limitations defense unless it is in writing and signed by the obligated person.

    ## 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. ) ## 360.5. No waiver shall bar a defense to any action that the action was not commenced within the time limited by this title unless the waiver is in writing and signed by the person obligated. No waiver executed prior to the expiration of the time limited for the commencement of the action by this title shall be effective for a period exceeding four years from the date of expiration of the time limited for commencement of the action by this title and no waiver executed after the expiration of such time shall be effective for a period exceeding four years from the date thereof, but any such waiver may be renewed for a further period of not exceeding four years from the expiration of the immediately preceding waiver. Such waivers may be made successively. The provisions of this section shall not be applicable to any acknowledgment, promise or any form of waiver which is in writing and signed by the person obligated and given to any county to secure repayment of indigent aid or the repayment of moneys fraudulently or illegally obtained from the county. (Amended by Stats. 1953, Ch. 655.)
  10. 361.

    ## 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 lawsuit based on a claim from another state or country cannot be maintained in this state if it is already time-barred there, unless the claimant is a California citizen who has held the claim since it arose.

    ## 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. ) ## 361. When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued. (Enacted 1872.)
  11. 362.

    ## 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 says the title does not apply to actions already started or to cases where a time limit in an existing statute has already fully run.

    ## 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. ) ## 362. This Title does not extend to actions already commenced, nor to cases where the time prescribed in any existing statute for acquiring a right or barring a remedy has fully run, but the laws now in force are applicable to such actions and cases, and are repealed subject to the provisions of this section. (Enacted 1872.)
  12. 363.

    ## 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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    In this Title, “action” can include a special civil proceeding when needed.

    ## 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. ) ## 363. The word “action” as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. (Enacted 1872.)
  13. 364.

    ## 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 5. The Commencement of Actions Based Upon Professional Negligence [364 - 365] ( Chapter 5 added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    A medical-negligence lawsuit cannot be started unless the defendant got at least 90 days’ prior notice, and the notice must identify the claim’s legal basis and the type of loss or injury.

    ## 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 5. The Commencement of Actions Based Upon Professional Negligence [364 - 365] ( Chapter 5 added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 364. (a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice of the intention to commence the action. (b) No particular form of notice is required, but it shall notify the defendant of the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries suffered. (c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. (d) If the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the service of the notice. (e) The provisions of this section shall not be applicable with respect to any defendant whose name is unknown to the plaintiff at the time of filing the complaint and who is identified therein by a fictitious name, as provided in Section 474. (f) 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 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.)
  14. 365.

    ## 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 5. The Commencement of Actions Based Upon Professional Negligence [364 - 365] ( Chapter 5 added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    If someone fails to follow this chapter, court proceedings and jurisdiction are not invalidated, but an attorney’s failure to comply can lead to professional discipline and State Bar 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 5. The Commencement of Actions Based Upon Professional Negligence [364 - 365] ( Chapter 5 added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 365. Failure to comply with this chapter shall not invalidate any proceedings of any court of this state, nor shall it affect the jurisdiction of the court to render a judgment therein. However, failure to comply with such provisions by any attorney at law shall be grounds for professional discipline and the State Bar of California shall investigate and take appropriate action in any such cases brought to its attention. (Added by Stats. 1975, 2nd Ex. Sess., Ch. 1.)
  15. 366.1.

    ## 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 6. Time of Commencement of Action After Person’s Death [366.1 - 366.3] ( Chapter 6 added by Stats. 1992, Ch. 178, Sec. 8. )

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    If a person entitled to sue dies before the limitations period ends and the claim survives, the action may still be started within the later of two deadlines.

    ## 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 6. Time of Commencement of Action After Person’s Death [366.1 - 366.3] ( Chapter 6 added by Stats. 1992, Ch. 178, Sec. 8. ) ## 366.1. If a person entitled to bring an action dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced before the expiration of the later of the following times: (a) Six months after the person’s death. (b) The limitations period that would have been applicable if the person had not died. (Added by Stats. 1992, Ch. 178, Sec. 8. Effective January 1, 1993.)
  16. 366.2.

    ## 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 6. Time of Commencement of Action After Person’s Death [366.1 - 366.3] ( Chapter 6 added by Stats. 1992, Ch. 178, Sec. 8. )

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    If a liable person dies before the normal limitations period ends and the claim survives, the action may be filed within one year after death.

    ## 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 6. Time of Commencement of Action After Person’s Death [366.1 - 366.3] ( Chapter 6 added by Stats. 1992, Ch. 178, Sec. 8. ) ## 366.2. (a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply. (b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in any of the following, where applicable: (1) Sections 12, 12a, and 12b of this code. (2) Part 4 (commencing with Section 9000) of Division 7 of the Probate Code (creditor claims in administration of estates of decedents). (3) Part 8 (commencing with Section 19000) of Division 9 of the Probate Code (payment of claims, debts, and expenses from revocable trust of deceased settlor). (4) Former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code (no contest clauses), as that part read prior to its repeal by Chapter 174 of the Statutes of 2008. (c) This section applies to actions brought on liabilities of persons dying on or after January 1, 1993. (Amended by Stats. 2009, Ch. 348, Sec. 2. (SB 308) Effective January 1, 2010.)
  17. 366.3.

    ## 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 6. Time of Commencement of Action After Person’s Death [366.1 - 366.3] ( Chapter 6 added by Stats. 1992, Ch. 178, Sec. 8. )

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    A person with a qualifying claim against a decedent’s estate, trust, or other instrument may bring an action to enforce the claim within one year after the date of death.

    ## 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 6. Time of Commencement of Action After Person’s Death [366.1 - 366.3] ( Chapter 6 added by Stats. 1992, Ch. 178, Sec. 8. ) ## 366.3. (a) If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust or under another instrument, whether the promise or agreement was made orally or in writing, an action to enforce the claim to distribution may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply. (b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in Sections 12, 12a, and 12b of this code, and former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code, as that part read prior to its repeal by Chapter 174 of the Statutes of 2008. (c) This section applies to actions brought on claims concerning persons dying on or after the effective date of this section. (Amended by Stats. 2009, Ch. 348, Sec. 3. (SB 308) Effective January 1, 2010.)
  18. 367.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    An action must be brought in the name of the real party in interest, unless another statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 367. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. (Amended by Stats. 1992, Ch. 178, Sec. 10. Effective January 1, 1993.)
  19. 367.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    The Judicial Council must adopt rules setting standards for when a judicial officer may preside over a remote court proceeding from outside a courtroom.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 367.10. Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules that include standards for when a judicial officer, in limited situations and in the interest of justice, may preside over a remote court proceeding from a location other than a courtroom. (Added by Stats. 2023, Ch. 34, Sec. 6. (SB 133) Effective June 30, 2023.)
  20. 367.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    Protected persons in civil proceedings may use a pseudonym, but parties must keep their identity details out of filed documents and submit a confidential information form; the court may seal records on motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 367.3. (a) For purposes of this section, the following definitions apply: (1) “Identifying characteristics” means the name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to other parties, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the protected person, from which the protected person’s identity can be discerned. (2) “Online identifiers” means any personally identifying information or signifiers that would tie an individual to a particular electronic service, device, or internet application, website, or platform account, including, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses. (3) “Protected person” means a person who is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code. (b) (1) A protected person who is a party in a civil proceeding may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the protected person and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the protected person. A protected person who proceeds using a pseudonym as provided in this section shall file with the court and serve upon all other parties to the proceeding a confidential information form for this purpose that includes the protected person’s name and other identifying characteristics being excluded or redacted. The court shall keep the confidential information form confidential. (2) In cases where a protected person proceeds using a pseudonym under this section, the following provisions shall apply, subject to sanction for an intentional violation: (A) Except as provided in subparagraph (B), all parties and their agents and attorneys shall use the pseudonym in all pleadings, discovery requests or discovery motion documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. (B) A party seeking discovery in which the true name of the protected person and identifying information must be divulged for the purposes of fair and reasonable discovery, may use the true name of the protected person and identifying information for purposes of that discovery. The discovery request and all information collected through the discovery process shall not be made public and, if filed in court, shall be subject to subparagraph (C). (C) (i) A party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the protected person from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision. (ii) A party excluding or redacting identifying characteristics shall file with the court and serve upon all other parties a confidential information form that includes the protected person’s name and other identifying characteristics being excluded or redacted. The court shall keep the confidential information form confidential. (D) Following final disposition of the proceedings a party in possession of any pleading, discovery document, or other document containing confidential information of the protected person obtained in the course of the action shall treat the documents as a nonpublic consumer record in accordance with Section 1798.81 of the Civil Code, subject to penalty for violations of that section. (E) If the protected person is a minor dependent or minor ward of the state, the minor’s parent, guardian, or attorney shall inform the minor’s social worker or probation officer of the minor’s participation in the action. The social worker or probation officer shall keep this information confidential. (3) The responsibility to exclude or redact identifying characteristics of the protected person from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance. (4) The court, on motion of the protected person, may order a record or part of a record to be filed under seal in accordance with Rules 2.550 and 2.551 of the California Rules of Court, as those rules may be amended. (c) In an action filed under this section, the plaintiff shall state in the caption of the complaint “ACTION BASED ON CODE OF CIVIL PROCEDURE SECTION 367.3.” (d) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code. This section does not limit or preclude a plaintiff from securing or recovering any other available remedy. (e) The Judicial Council shall coordinate with the Secretary of State to adopt or revise as appropriate rules and forms to implement this section, on or before January 1, 2021. (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. 2019, Ch. 439, Sec. 1. (AB 800) Effective January 1, 2020.)
  21. 367.75.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    This section lets parties and witnesses appear remotely in civil cases, but the court can require in-person attendance in specified situations and must follow privacy, notice, and technology rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 367.75. (a) (1) Except as provided in subdivisions (b) and (d), in civil cases, when a party has provided notice to the court and all other parties that it or its witness intends to appear remotely, that party or witness may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology. (2) This section does not apply to any of the following type of proceedings: (A) Any proceeding in matters identified in paragraph (1) of subdivision (a) of Section 367.76. (B) A juvenile justice proceeding covered by Section 679.5 of the Welfare and Institutions Code. (b) Except as otherwise provided by law, the court may require a party or witness to appear in person at a conference, hearing, or proceeding described in subdivision (a), or under subdivisions (e) and (h), if any of the following conditions are present: (1) The court with jurisdiction over the case does not have the technology necessary to conduct the conference, hearing, or proceeding remotely. (2) Although the court has the requisite technology, the quality of the technology or audibility at a conference, hearing, or proceeding prevents the effective management or resolution of the conference, hearing, or proceeding. (3) The court determines on a hearing-by-hearing basis that an in-person appearance is necessary to the determination of the conference, hearing, or proceeding, or that remote attendance would materially impair the resolution of the conference, hearing, or proceeding. Beginning January 1, 2027, the court shall provide a reason for requiring an in-person appearance, either by stating the reason on the record, in a minute order, or on a form filed in the court’s file. The Judicial Council shall develop a form for this purpose. (4) The quality of the technology or audibility at a conference, hearing, or proceeding inhibits the court reporter’s ability to accurately prepare a transcript of the conference, hearing, or proceeding. (5) The quality of the technology or audibility at a conference, hearing, or proceeding prevents an attorney from being able to provide effective representation to the attorney’s client. (6) The quality of the technology or audibility at a conference, hearing, or proceeding inhibits a court interpreter’s ability to provide language access to a court user or authorized individual. (c) Notwithstanding paragraph (3) of subdivision (b), an expert witness may appear remotely absent good cause to compel in-person testimony. (d) (1) Except as otherwise provided by law and subject to the limitations of subdivision (b), upon its own motion or the motion of any party, the court may conduct a trial or evidentiary hearing, in whole or in part, through the use of remote technology, absent a showing by the opposing party as to why a remote appearance or testimony should not be allowed. (2) (A) Except as provided in Section 269 of the Code of Civil Procedure and Section 69957 of the Government Code, if the court conducts a trial, in whole or in part, through the use of remote technology, the official reporter or official reporter pro tempore shall be physically present in the courtroom. (B) If the court conducts a trial, in whole or in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom. (e) (1) Before the court with jurisdiction over the case may proceed with a remote conference, hearing, proceeding, or trial, the court shall have a process for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the conference, hearing, proceeding, or trial. (2) The court shall require that a remote appearance by a party or witness have the necessary privacy and security appropriate for the conference, hearing, proceeding, or trial. (3) The court shall inform all parties, particularly parties without legal representation, about the potential technological or audibility issues that could arise when using remote technology, which may require a delay of or halt the conference, hearing, proceeding, or trial. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology. (f) The court shall not require a party to appear through the use of remote technology. If the court permits an appearance through remote technology, the court must ensure that technology in the courtroom enables all parties, whether appearing remotely or in person, to fully participate in the conference, hearing, or proceeding. (g) A self-represented party may appear remotely in a conference, hearing, or proceeding conducted through the use of remote technology only if they agree to do so. (h) Any juvenile dependency proceeding may be conducted in whole or in part through the use of remote technology subject to the following: (1) Any person authorized to be present may request to appear remotely. (2) (A) Any party to the proceeding may request that the court compel the physical presence of a witness or party. A witness, including a party providing testimony, may appear through remote technology only with the consent of all parties, except as provided in subparagraph (B), and if the witness has access to the appropriate technology. (B) A parent, child, nonminor dependent, or Indian tribe as defined in Section 224.1 of the Welfare and Institutions Code, may utilize remote technology for the appearance of an expert witness without the consent of all parties. (3) A court shall not require a party to appear through the use of remote technology. (4) The confidentiality requirements that apply to an in-person juvenile dependency proceeding shall apply to a juvenile dependency proceeding conducted through the use of remote technology. (i) (1) Notwithstanding Section 8613.5 of the Family Code, in an adoption proceeding under Division 13 (commencing with Section 8500) of the Family Code, the court may conduct an adoption finalization hearing, in whole or in part, through the use of remote technology, without the court finding that it is impossible or impracticable for either prospective adoptive parent to make the appearance in person. (2) A court shall not require a party to appear through the use of remote technology. (3) The confidentiality and privacy requirements that apply to an in-person adoption finalization hearing, including, but not limited to, the requirements in Section 8611 of the Family Code, apply to an adoption finalization hearing conducted through the use of remote technology. (j) For purposes of this section, a party includes a nonparty subject to Chapter 6 of Title 4 of Part 4 (commencing with Section 2020.010). (k) Subject to the limitations in subdivision (b), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties. (l) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules to implement the policies and provisions in this section to promote statewide consistency, including, but not limited to, the following procedures: (1) A deadline by which a party must notify the court and the other parties of their request to appear remotely. (2) Procedures and standards for a judicial officer to determine when a conference, hearing, or proceeding may be conducted through the use of remote technology. The procedures and standards shall require that a judicial officer give consideration to the limited access to technology or transportation that a party or witness might have. (m) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Amended by Stats. 2026, Ch. 29, Sec. 1. (SB 174) Effective June 29, 2026. Repealed as of January 1, 2032, by its own provisions.)
  22. 367.76.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    This section lets certain covered proceedings use remote technology, but it protects the person’s right to be physically present and imposes court technology, notice, and confidentiality requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 367.76. (a) (1) This section applies to proceedings in the following matters: (A) Judicial commitments under Part 2 (commencing with Section 6250) of Division 6 of the Welfare and Institutions Code, except for delinquency proceedings. (B) Involuntary treatment and conservatorships of gravely disabled persons under Chapter 1 (commencing with Section 5000), Chapter 2 (commencing with Section 5150), and Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, including Murphy conservatorships. (C) Contempt proceedings under Title 5 (commencing with Section 1209) of Part 3 of this code. (D) Mentally disordered offender proceedings under Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. (E) Commitment proceedings under Section 1026, et seq. of the Penal Code. (F) Competency proceedings under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code. (G) Placement and revocation proceedings pursuant to Section 1600 et seq. of the Penal Code. (H) Involuntary medication and treatment hearings for individuals committed or awaiting admission to a State Department of State Hospitals facility as described in Section 4100 of the Welfare and Institutions Code. (2) This section does not apply to proceedings in matters brought pursuant to Sections 601 and 602 of the Welfare and Institutions Code. (b) For the purposes of this section, the following definitions apply: (1) “Person” means the person subject to any proceeding in matters described in paragraph (1) of subdivision (a). (2) “Proceeding” or “proceedings” includes, but is not limited to, all hearings, conferences, and trials in matters described in paragraph (1) of subdivision (a). (3) “Remote technology” means technology that provides for the two-way transmission of video and audio signals except that audio signals alone may be permitted where specifically authorized by law. Remote technology shall include, but not be limited to, a computer, tablet, telephone, cellular telephone, or other electronic or communications device. Notwithstanding the foregoing and subject to subdivision (h), the person subject to the proceeding, in consultation with counsel if represented, may, at their request, participate through audio-only technology. (c) Proceedings in matters arising under subdivision (a) may be conducted through the use of remote technology subject to the following: (1) A person has the right to be physically present for all proceedings and shall not be required to appear through the use of remote technology. (2) A person may waive their right to be physically present and may elect to appear remotely. (3) Except as provided in subdivisions (d), (e), and (h), a party, counsel for a party, or witness may appear through the use of remote technology. (4) The confidentiality requirements that apply to inperson proceedings shall apply with equal force and effect when conducted through the use of remote technology. (d) If the person is physically present in court the following shall apply: (1) Absent exceptional circumstances and except as provided in paragraphs (3) and (4), counsel for the person, counsel for the other party or parties, the other party or parties, and the judicial officer shall be physically present in the courtroom. (2) Except as provided in paragraphs (3) and (4) and paragraph (3) of subdivision (b) of Section 1370 of the Penal Code, absent a waiver by the person or a finding of good cause by the court, any witness the other party or parties calls shall be physically present in the courtroom. In determining whether good cause exists to excuse the physical presence of a witness, the court shall consider the distance the witness must travel, the nature of the testimony, and the nature of the proceeding. (3) Notwithstanding paragraphs (1) and (2), counsel and witnesses for the State Department of Developmental Services shall not be required to be physically present in the courtroom absent a finding of good cause by the court. (4) Notwithstanding paragraphs (1) and (2), counsel and witnesses for the State Department of State Hospitals shall not be required to be physically present in the courtroom in any nonjury trial matters or proceedings described in paragraph (1) of subdivision (a) absent a finding of good cause by the court. (e) Notwithstanding any other law, unless good cause exists, a court shall not compel the physical presence of the person who is a patient in a State Department of State Hospitals or State Department of Developmental Services facility or other inpatient or outpatient treatment facility absent consent of the person in consultation with counsel. In determining whether good cause exists to compel the physical presence of a patient, the court shall consider the nature of the hearing and whether requiring the physical presence of the patient would interfere with the person’s program of treatment or be detrimental to their mental or physical health. (f) (1) Until July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer except where the court finds that, as the result of unusual circumstances, this requirement would place extreme or undue hardship on the court or the litigants. For purposes of this paragraph, “unusual circumstances” means a work stoppage, a circumstance described in subdivision (a) of Section 68115 of the Government Code, an unforeseen emergency, court proceedings conducted in a remote court location to which a judicial officer is not regularly assigned to sit, or when a judicial officer has to travel to a location outside of a courthouse to conduct the proceeding. (2) Beginning July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer if the court cannot provide the technology standards described in subdivision (o). (g) If the court conducts a trial, in whole or in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom. (h) (1) If any of the following conditions are present and cannot be resolved, the court shall not permit any party, counsel, or witness to appear or participate in proceedings through the use of remote technology, and shall continue any proceeding being conducted with the use of remote technology: (A) The court does not have the technology necessary to conduct the proceeding remotely. (B) Although the court has the requisite technology, the quality of the technology or audibility at a proceeding prevents the effective management or resolution of the proceeding. (C) The quality of the technology or audibility at a proceeding inhibits the court reporter’s ability to accurately prepare and certify a transcript of the proceeding. (D) The court reporter is unable to capture the verbatim record and certify a transcript of any proceeding that is conducted remotely, in whole or in part, to the same extent and in the same manner as if it were not conducted remotely. (E) The quality of the technology or audibility at a proceeding inhibits the ability of the person to understand or participate in the proceeding. (F) The quality of the technology or audibility at a proceeding inhibits counsel from being able to provide effective representation to the person. (G) The court does not have the technology necessary for secure, confidential communication between counsel and the person. (H) The quality of the technology or audibility at a proceeding inhibits a court interpreter’s ability to provide language access, including to communicate and interpret directly with the person and the court during the proceedings. (2) Except as provided in subdivision (e) or otherwise provided by law, the court may require a party or witness to appear in person at a proceeding if the court determines on a hearing-by-hearing basis that an inperson appearance would materially assist in the determination of the proceeding or resolution of the case. The court’s determination shall be based on the individual case before the court and shall be entered into the minutes or otherwise made on the record. In making its determination, the court shall consider the request of the person, the nature of the proceedings, and whether requiring the physical presence of the person would disrupt the person’s program of treatment or be detrimental to their mental or physical health. (3) The court shall not continue proceedings beyond statutory time limits pursuant to this section absent a waiver by the person in consultation with counsel. (i) Subject to the limitations in subdivision (h), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties. (j) Before the court may conduct proceedings through the use of remote technology, the court shall have a process for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the proceedings. (k) The court shall inform all parties, particularly parties without legal representation, about the potential technological or audibility issues that could arise when using remote technology, which may require a delay of or halt the proceedings. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology. (l) A self-represented party may appear remotely in a proceeding conducted through the use of remote technology only if they agree to do so. (m) For purposes of this section, a party includes a nonparty subject to Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4. (n) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt such other rules and standards as are necessary to implement the policies and provisions of this section and the intent of the Legislature. (o) By April 1, 2024, the Judicial Council shall adopt, and trial courts shall implement by July 1, 2024, minimum standards for the courtroom technology necessary to permit remote participation in proceedings subject to this section. Those standards shall include, but not be limited to, hard-wired or other reliable high-speed internet connections in the courtroom for the judicial officer and court reporter, and monitors, dedicated cameras, speakers, and microphones so the judicial officer, court reporter, and court interpreter can appropriately see and hear remote participants, as well as to ensure that remote participants can appropriately see and hear the judicial officer and other courtroom participants. (p) Consistent with federal and California labor law, a trial court shall not retaliate or threaten to retaliate against an official reporter or an official reporter pro tempore who notifies the judicial officer that technology or audibility issues are impeding the creation of the verbatim record of a proceeding that includes participation through remote technology. This subdivision shall only apply to an official reporter and an official reporter pro tempore when they meet the definition of “trial court employee” under subdivision (l) of Section 71601 of the Government Code. (q) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Amended by Stats. 2026, Ch. 29, Sec. 2. (SB 174) Effective June 29, 2026. Repealed as of January 1, 2032, by its own provisions.)
  23. 367.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    Superior courts and the Judicial Council must file recurring reports on remote-proceeding technology issues and purchases, and court executive officers must certify courtroom technology compliance by set dates.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 367.8. (a) Each superior court shall report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or problems affecting remote proceedings, as included under Sections 367.75 and 367.76 of this code, and Section 679.5 of the Welfare and Institutions Code, and all purchases and leases of technology or equipment to facilitate remote conferences, hearings, or proceedings. The report by each superior court and the Judicial Council shall specify all of the following for each annual reporting period: (1) The number of proceedings conducted with the use of remote technology. (2) Any superior court in which technology issues or problems occurred. (3) The superior courts in which remote technology was used. (4) The types of trial court conferences, hearings, or proceedings in which remote technology was used. (5) The cost of purchasing, leasing, or upgrading remote technology. (6) The type of technology and equipment purchased or leased. (7) Any other information necessary to evaluate the use of remote proceedings by the courts. (b) Each superior court shall report to the Judicial Council on or before October 1, 2025, and annually thereafter, and the Judicial Council shall report to the Legislature on or before December 31, 2025, and annually thereafter, the information identified in subdivision (a) to assess the impact of technology issues or problems affecting criminal remote proceedings, as included under Sections 977, 977.3, and 1043.5 of the Penal Code. (c) (1) By October 1, 2025, and annually thereafter, the court executive officer of each superior court shall certify to the Judicial Council, in a form and manner determined by the Judicial Council, that each courtroom of the superior court in which the court is conducting a remote proceeding meets the minimum standards for courtroom technology required pursuant to subdivision (o) of Section 367.76 of this code, subdivision (j) of Section 977 of the Penal Code, or subdivision (n) of Section 679.5 of the Welfare and Institutions Code. (2) By December 31, 2025, and annually thereafter, the Judicial Council shall report the information identified in paragraph (1) to the Legislature. (d) A report to be submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (e) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Amended by Stats. 2026, Ch. 29, Sec. 3. (SB 174) Effective June 29, 2026. Repealed as of January 1, 2032, by its own provisions.)
  24. 368.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    An assignee may sue on an assigned claim, but the defendant may still raise any set-off or other defense that existed when notice of the assignment was given or earlier.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 368. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before maturity. (Enacted 1872.)
  25. 368.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    A transfer of an interest in an action or proceeding does not cause it to abate, and the court may allow the transferee to be substituted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 368.5. An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding. (Added by Stats. 1992, Ch. 178, Sec. 11. Effective January 1, 1993.)
  26. 369.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    Certain listed persons may sue without joining the people for whose benefit the case is brought.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 369. (a) The following persons may sue without joining as parties the persons for whose benefit the action is prosecuted: (1) A personal representative, as defined in subdivision (a) of Section 58 of the Probate Code. (2) A trustee of an express trust. (3) Except for a person upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage, a person with whom, or in whose name, a contract is made for the benefit of another. (4) Any other person expressly authorized by statute. (b) Notwithstanding subdivision (a), a trustee upon whom a power of sale has been conferred pursuant to a deed of trust or mortgage may sue to exercise the trustee’s powers and duties pursuant to Chapter 2 (commencing with Section 2920) of Title 14 of Part 4 of Division 3 of the Civil Code. (Amended by Stats. 1992, Ch. 178, Sec. 12. Effective January 1, 1993.)
  27. 369.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. )

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    A partnership or unincorporated association may sue and be sued in its assumed name, and a member may be joined as a party in a case against the association.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 1. General Provisions [367 - 369.5] ( Heading of Chapter 1 added by Stats. 1992, Ch. 178, Sec. 9. ) ## 369.5. (a) A partnership or other unincorporated association, whether organized for profit or not, may sue and be sued in the name it has assumed or by which it is known. (b) A member of the partnership or other unincorporated association may be joined as a party in an action against the unincorporated association. If service of process is made on the member as an individual, whether or not the member is also served as a person upon whom service is made on behalf of the unincorporated association, a judgment against the member based on the member’s personal liability may be obtained in the action, whether the liability is joint, joint and several, or several. (Added by Stats. 1992, Ch. 178, Sec. 13. Effective January 1, 1993.)
  28. 37.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Courts of Justice in General [35 - 38] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    A civil action can get preference if it seeks damages allegedly caused by a defendant during the commission of a felony offense and the defendant was criminally convicted. The court should try the case within 120 days after preference is 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 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Courts of Justice in General [35 - 38] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 37. (a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by the defendant during the commission of a felony offense for which the defendant has been criminally convicted. (b) The court shall endeavor to try the action within 120 days of the grant of preference. (Amended by Stats. 1983, Ch. 938, Sec. 1. Effective September 20, 1983.)
  29. 370.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 2. Married Person [370 - 371] ( Heading of Chapter 2 added by Stats. 1992, Ch. 178, Sec. 14. )

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    A married person may be sued or may sue without the spouse being joined as a party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 2. Married Person [370 - 371] ( Heading of Chapter 2 added by Stats. 1992, Ch. 178, Sec. 14. ) ## 370. A married person may be sued without his or her spouse being joined as a party, and may sue without his or her spouse being joined as a party in all actions. (Amended by Stats. 1975, Ch. 1241.)
  30. 371.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 2. Married Person [370 - 371] ( Heading of Chapter 2 added by Stats. 1992, Ch. 178, Sec. 14. )

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    If spouses are sued together, each spouse may defend their own right, and one spouse may defend for the other if that spouse does not defend.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 2. Married Person [370 - 371] ( Heading of Chapter 2 added by Stats. 1992, Ch. 178, Sec. 14. ) ## 371. If spouses are sued together, each may defend for his or her own right, but if one spouse neglects to defend, the other spouse may defend for that spouse’s right also. (Amended by Stats. 2016, Ch. 50, Sec. 15. (SB 1005) Effective January 1, 2017.)
  31. 372.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. )

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    This section requires minors and certain incapacitated or conserved persons to appear through a guardian, conservator, or guardian ad litem, while giving courts limited power to appoint a guardian ad litem and requiring conflict disclosures.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. ) ## 372. (a) (1) When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case. (2) (A) A guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient to appoint a guardian ad litem to represent the minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed, notwithstanding that the person may have a guardian or conservator of the estate and may have appeared by the guardian or conservator of the estate. (B) If application is made for appointment of a guardian ad litem for a person described in paragraph (1), and that person has a guardian or conservator of the estate, the application may be granted only if all of the following occur: (i) The applicant gives notice and a copy of the application to the guardian or conservator of the estate upon filing the application. (ii) The application discloses the existence of a guardian or conservator of the estate. (iii) The application sets forth the reasons why the guardian or conservator of the estate is inadequate to represent the interests of the proposed ward in the action. (C) The guardian or conservator of the estate shall have five court days from receiving notice of the application to file any opposition to the application. (3) The guardian or conservator of the estate or guardian ad litem so appearing for any minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the ward or conservatee, and to satisfy any judgment or order in favor of the ward or conservatee or release or discharge any claim of the ward or conservatee pursuant to that compromise. Money or other property to be paid or delivered pursuant to the order or judgment for the benefit of a minor, person lacking legal capacity to make decisions, or person for whom a conservator has been appointed shall be paid and delivered as provided in Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code. (4) Where reference is made in this chapter to “a person who lacks legal capacity to make decisions,” the reference shall be deemed to include all of the following: (A) A person who lacks capacity to understand the nature or consequences of the action or proceeding. (B) A person who lacks capacity to assist the person’s attorney in the preparation of the case. (C) A person for whom a conservator may be appointed pursuant to Section 1801 of the Probate Code. (5) Nothing in this section, or in any other provision of this code, the Civil Code, the Family Code, or the Probate Code is intended by the Legislature to prohibit a minor from exercising an intelligent and knowing waiver of the minor’s constitutional rights in a proceeding under the Juvenile Court Law (Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code). (b) (1) Notwithstanding subdivision (a), a minor 12 years of age or older may appear in court without a guardian, counsel, or guardian ad litem, for the purpose of requesting or opposing a request for any of the following: (A) An injunction or temporary restraining order or both to prohibit harassment pursuant to Section 527.6. (B) An injunction or temporary restraining order or both against violence or a credible threat of violence in the workplace pursuant to Section 527.8. (C) A protective order pursuant to Division 10 (commencing with Section 6200) of the Family Code. (D) A protective order pursuant to Sections 7710 and 7720 of the Family Code. The court may, either upon motion or in its own discretion, and after considering reasonable objections by the minor to the appointment of specific individuals, appoint a guardian ad litem to assist the minor in obtaining or opposing the order, provided that the appointment of the guardian ad litem does not delay the issuance or denial of the order being sought. In making the determination concerning the appointment of a particular guardian ad litem, the court shall consider whether the minor and the guardian have divergent interests. (2) For purposes of this subdivision only, upon the issuance of an order pursuant to paragraph (1), if the minor initially appeared in court seeking an order without a guardian or guardian ad litem, and if the minor is residing with a parent or guardian, the court shall send a copy of the order to at least one parent or guardian designated by the minor, unless, in the discretion of the court, notification of a parent or guardian would be contrary to the best interest of the minor. The court is not required to send the order to more than one parent or guardian. (c) (1) Notwithstanding subdivision (a), a minor may appear in court without a guardian ad litem in the following proceedings if the minor is a parent of the child who is the subject of the proceedings: (A) Family court proceedings pursuant to Part 3 (commencing with Section 7600) of Division 12 of the Family Code. (B) Dependency proceedings pursuant to Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (C) Guardianship proceedings for a minor child pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code. (D) Any other proceedings concerning child custody, visitation, or support. (2) If the court finds that the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case, the court shall, upon its own motion or upon a motion by the minor parent or the minor parent’s counsel, appoint a guardian ad litem. (d) Before a court appoints a guardian ad litem pursuant to this chapter, a proposed guardian ad litem shall disclose both of the following to the court and all parties to the action or proceeding: (1) Any known actual or potential conflicts of interest that would or might arise from the appointment. (2) Any familial or affiliate relationship the proposed guardian ad litem has with any of the parties. (e) If a guardian ad litem becomes aware that a potential conflict of interest has become an actual conflict of interest or that a new potential or actual conflict of interest exists, the guardian ad litem shall promptly disclose the conflict of interest to the court. (Amended by Stats. 2022, Ch. 843, Sec. 1. (SB 1279) Effective January 1, 2023.)
  32. 372.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. )

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    A court may let a guardian ad litem use a pseudonym, but the applicant must request it and the court must make specified anonymity findings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. ) ## 372.5. (a) The court may appoint a guardian ad litem under a pseudonym pursuant to the requirements of this section. (b) A person who applies for appointment as a guardian ad litem under a pseudonym shall, at the same time that the application is filed, file an ex parte request for leave to appear under a pseudonym. The ex parte request shall allege facts and circumstances establishing the guardian ad litem’s overriding interest in preserving his or her anonymity. (c) To permit an applicant for appointment as a guardian ad litem to appear under pseudonym, the court shall make each of the following findings: (1) That the applicant has an overriding interest in preserving anonymity that supports permitting the applicant to appear under a pseudonym. (2) That there is a substantial probability that the applicant’s interest in preserving anonymity will be prejudiced if the applicant is not permitted to appear under a pseudonym. (3) That permitting the applicant to appear under a pseudonym is narrowly tailored to serve the applicant’s interest in preserving anonymity without unduly prejudicing the public’s right of access or the ability of the other parties to prosecute, defend, or resolve the action. (4) That there are no less restrictive means of protecting the applicant’s interest in preserving his or her anonymity. (d) (1) The court may make any further orders necessary to preserve the applicant’s anonymity or to allow the other parties or financial institutions to know the applicant’s identity to the extent necessary to prosecute, defend, or resolve the action. (2) In addition to any other orders, the court may require a guardian ad litem who is permitted to appear under a pseudonym and is not represented by counsel to designate a mailing or electronic address for service of process and to consent to accept service of process under the pseudonym at that address for purposes of the action. (e) (1) If a guardian ad litem is permitted to appear under a pseudonym, all court decisions, orders, petitions, and any documents filed with the court shall be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary for the parties to prosecute, defend, or resolve the action. (2) For purposes of this subdivision, “personal identifying information” includes the guardian ad litem’s name or any part thereof, his or her address or any part thereof, and the city or unincorporated area of the guardian ad litem’s residence. (f) The responsibility for excluding the name and personal identifying information of the guardian ad litem from documents filed with the court rests solely with the parties and their attorneys. This section does not require the court to review pleadings or other papers for compliance with this subdivision. (g) After granting permission for a guardian ad litem to appear under a pseudonym pursuant to this section, the court shall retain discretion to reconsider its decision. (h) This section does not affect the right of a plaintiff or petitioner to pursue litigation under a pseudonym in appropriate circumstances. (Added by Stats. 2018, Ch. 817, Sec. 1. (AB 2185) Effective January 1, 2019.)
  33. 373.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. )

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    This section sets who may ask for a guardian ad litem and when the court may appoint one for a minor or a person lacking legal competence.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. ) ## 373. When a guardian ad litem is appointed, he or she shall be appointed as follows: (a) If the minor is the plaintiff the appointment must be made before the summons is issued, upon the application of the minor, if the minor is 14 years of age or older, or, if under that age, upon the application of a relative or friend of the minor. (b) If the minor is the defendant, upon the application of the minor, if the minor is 14 years of age or older, and the minor applies within 10 days after the service of the summons, or, if under that age or if the minor neglects to apply, then upon the application of a relative or friend of the minor, or of any other party to the action, or by the court on its own motion. (c) If the person lacking legal competence to make decisions is a party to an action or proceeding, upon the application of a relative or friend of the person lacking legal competence to make decisions, or of any other party to the action or proceeding, or by the court on its own motion. (Amended by Stats. 2014, Ch. 144, Sec. 6. (AB 1847) Effective January 1, 2015.)
  34. 373.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. )

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    A court may appoint a guardian ad litem for unknown or unascertained persons with interests in property, and that guardian can act only with court approval.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. ) ## 373.5. If under the terms of a written instrument, or otherwise, a person or persons of a designated class who are not ascertained or who are not in being, or a person or persons who are unknown, may be or may become legally or equitably interested in any property, real or personal, the court in which any action, petition or proceeding of any kind relative to or affecting the property is pending, may, upon the representation of any party thereto, or of any person interested, appoint a suitable person to appear and act therein as guardian ad litem of the person or persons not ascertained, not in being, or who are unknown; and the judgment, order or decree in the proceedings, made after the appointment, shall be conclusive upon all persons for whom the guardian ad litem was appointed. The guardian ad litem shall have power, with the approval of the court in which the action, petition or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the persons for whom the guardian ad litem was appointed, and to satisfy any judgment or order in favor of the persons, or release, or discharge any claim of the persons pursuant to the compromise. The court shall have the same power with respect to the money or other property to be paid or delivered under such order or judgment as is provided in Section 372 of this code. The reasonable expenses of the guardian ad litem, including compensation and counsel fees, shall be determined by the court and paid as it may order, either out of the property or by plaintiff or petitioner. If the expenses are to be paid by the plaintiff or petitioner, execution therefor may issue in the name of the guardian ad litem. (Amended by Stats. 1961, Ch. 435.)
  35. 374.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. )

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    A minor under 12 with a duly appointed and acting guardian ad litem may appear in court without counsel for limited requests or opposition to certain injunctions, restraining orders, and protective orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. ) ## 374. (a) A minor under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear in court without counsel for the limited purpose of requesting or opposing a request for (1) an injunction or temporary restraining order or both to prohibit harassment pursuant to Section 527.6, (2) an injunction or temporary restraining order or both against violence or a credible threat of violence in the workplace pursuant to Section 527.8, (3) a protective order pursuant to Division 10 (commencing with Section 6200) of the Family Code, or (4) a protective order pursuant to Sections 7710 and 7720 of the Family Code. (b) In making the determination concerning appointment of a particular guardian ad litem for purposes of this section, the court shall consider whether the minor and the guardian have divergent interests. (c) The Judicial Council shall adopt forms by July 1, 1999, to implement this section. The forms shall be designed to facilitate the appointment of the guardian ad litem for purposes of this section. (Added by Stats. 1998, Ch. 706, Sec. 2. Effective September 22, 1998.)
  36. 374.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. )

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    Certain cases involving a minor must be heard in the court assigned to hear those matters, unless the minor has already been adjudged a dependent child or a ward of the juvenile court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. ) ## 374.5. A proceeding initiated by or brought against a minor for any of the injunctions or orders described in paragraph (1) of subdivision (b) of Section 372 or subdivision (a) of Section 374 shall be heard in the court assigned to hear those matters; except that, if the minor bringing the action or against whom the action is brought has previously been adjudged a dependent child or a ward of the juvenile court, the matter shall be heard in the juvenile court having jurisdiction over the minor. (Added by Stats. 1998, Ch. 706, Sec. 3. Effective September 22, 1998.)
  37. 375.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. )

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    A lawsuit or proceeding does not end because a party is disabled, and the court must allow it to continue through or against the party’s representative on motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. ) ## 375. An action or proceeding does not abate by the disability of a party. The court, on motion, shall allow the action or proceeding to be continued by or against the party’s representative. (Added by Stats. 1992, Ch. 178, Sec. 17. Effective January 1, 1993.)
  38. 376.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. )

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    Parents or a guardian may sue for injury to a minor child, with specific joinder, service, and paternity requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 3. Disability of Party [372 - 376] ( Heading of Chapter 3 added by Stats. 1992, Ch. 178, Sec. 15. ) ## 376. (a) The parents of a legitimate unmarried minor child, acting jointly, may maintain an action for injury to the child caused by the wrongful act or neglect of another. If either parent fails on demand to join as plaintiff in the action or is dead or cannot be found, then the other parent may maintain the action. The parent, if living, who does not join as plaintiff shall be joined as a defendant and, before trial or hearing of any question of fact, shall be served with summons either in the manner provided by law for the service of a summons in a civil action or by sending a copy of the summons and complaint by registered mail with proper postage prepaid addressed to that parent’s last known address with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee creates a rebuttable presumption that the summons and complaint have been duly served. The presumption established by this section is a presumption affecting the burden of producing evidence. The respective rights of the parents to any award shall be determined by the court. (b) A parent may maintain an action for such an injury to his or her illegitimate unmarried minor child if a guardian has not been appointed. Where a parent who does not have care, custody, or control of the child brings the action, the parent who has care, custody, or control of the child shall be served with the summons either in the manner provided by law for the serving of a summons in a civil action or by sending a copy of the summons and complaint by registered mail, with proper postage prepaid, addressed to the last known address of that parent, with request for a return receipt. If service is made by registered mail, the production of a return receipt purporting to be signed by the addressee creates a rebuttable presumption that the summons and complaint have been duly served. The presumption established by this section is a presumption affecting the burden of producing evidence. The respective rights of the parents to any award shall be determined by the court. (c) The father of an illegitimate child who maintains an action under this section shall have acknowledged in writing prior to the child’s injury, in the presence of a competent witness, that he is the father of the child, or, prior to the child’s injury, have been judicially determined to be the father of the child. (d) A parent of an illegitimate child who does not maintain an action under this section may be joined as a party thereto. (e) A guardian may maintain an action for such an injury to his or her ward. (f) An action under this section may be maintained against the person causing the injury. If any other person is responsible for the wrongful act or neglect, the action may also be maintained against the other person. The death of the child or ward does not abate the parents’ or guardian’s cause of action for the child’s injury as to damages accruing before the child’s death. (g) In an action under this section, damages may be awarded that, under all of the circumstances of the case, may be just, except that: (1) In an action maintained after the death of the child, the damages recoverable are as provided in Section 377.34. (2) Where the person causing the injury is deceased, the damages recoverable in an action against the decedent’s personal representative are as provided in Section 377.42. (h) If an action arising out of the same wrongful act or neglect may be maintained pursuant to Section 377.60 for wrongful death of a child described in this section, the action authorized by this section may be consolidated therewith for trial as provided in Section 1048. (Amended by Stats. 1992, Ch. 178, Sec. 18. Effective January 1, 1993.)
  39. 377.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 1. Definitions [377.10 - 377.11] ( Article 1 added by Stats. 1992, Ch. 178, Sec. 20. )

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    This section defines who counts as a “beneficiary of the decedent’s estate” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 1. Definitions [377.10 - 377.11] ( Article 1 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.10. For the purposes of this chapter, “beneficiary of the decedent’s estate” means: (a) If the decedent died leaving a will, the sole beneficiary or all of the beneficiaries who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under the decedent’s will. (b) If the decedent died without leaving a will, the sole person or all of the persons who succeed to a cause of action, or to a particular item of property that is the subject of a cause of action, under Sections 6401 and 6402 of the Probate Code or, if the law of a sister state or foreign nation governs succession to the cause of action or particular item of property, under the law of the sister state or foreign nation. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  40. 377.11.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 1. Definitions [377.10 - 377.11] ( Article 1 added by Stats. 1992, Ch. 178, Sec. 20. )

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    This section defines “decedent’s successor in interest” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 1. Definitions [377.10 - 377.11] ( Article 1 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.11. For the purposes of this chapter, “decedent’s successor in interest” means the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action or to a particular item of the property that is the subject of a cause of action. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  41. 377.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 2. Survival and Continuation [377.20 - 377.22] ( Article 2 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    A cause of action is not lost because a person dies; it survives, subject to the applicable limitations period and any other statute that says otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 2. Survival and Continuation [377.20 - 377.22] ( Article 2 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.20. (a) Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person’s death, but survives subject to the applicable limitations period. (b) This section applies even though a loss or damage occurs simultaneously with or after the death of a person who would have been liable if the person’s death had not preceded or occurred simultaneously with the loss or damage. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  42. 377.21.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 2. Survival and Continuation [377.20 - 377.22] ( Article 2 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    A pending action or proceeding continues and does not end because a party dies, if the cause of action survives.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 2. Survival and Continuation [377.20 - 377.22] ( Article 2 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.21. A pending action or proceeding does not abate by the death of a party if the cause of action survives. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  43. 377.22.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 2. Survival and Continuation [377.20 - 377.22] ( Article 2 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    This section says the chapter does not change whether causes of action are assignable.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 2. Survival and Continuation [377.20 - 377.22] ( Article 2 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.22. Nothing in this chapter shall be construed as affecting the assignability of causes of action. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  44. 377.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    A surviving cause of action passes to the decedent’s successor in interest, and the action may be started by the personal representative or, if there is none, by the successor in interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.30. A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  45. 377.31.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    After a person who started a case dies, the court must allow a non-abating pending action or proceeding to continue in the decedent’s personal representative, or a successor in interest if there is no personal representative.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.31. On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent’s personal representative or, if none, by the decedent’s successor in interest. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  46. 377.32.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    A person seeking to start or continue a case as a decedent’s successor in interest must file an affidavit or declaration, include specified facts, and attach a certified death certificate.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.32. (a) The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent’s successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following: (1) The decedent’s name. (2) The date and place of the decedent’s death. (3) “No proceeding is now pending in California for administration of the decedent’s estate.” (4) If the decedent’s estate was administered, a copy of the final order showing the distribution of the decedent’s cause of action to the successor in interest. (5) Either of the following, as appropriate, with facts in support thereof: (A) “The affiant or declarant is the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) and succeeds to the decedent’s interest in the action or proceeding.” (B) “The affiant or declarant is authorized to act on behalf of the decedent’s successor in interest (as defined in Section 377.11 of the California Code of Civil Procedure) with respect to the decedent’s interest in the action or proceeding.” (6) “No other person has a superior right to commence the action or proceeding or to be substituted for the decedent in the pending action or proceeding.” (7) “The affiant or declarant affirms or declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” (b) Where more than one person executes the affidavit or declaration under this section, the statements required by subdivision (a) shall be modified as appropriate to reflect that fact. (c) A certified copy of the decedent’s death certificate shall be attached to the affidavit or declaration. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  47. 377.33.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    The court may make party-related orders needed for proper administration of justice in a case under this article.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.33. The court in which an action is commenced or continued under this article may make any order concerning parties that is appropriate to ensure proper administration of justice in the case, including appointment of the decedent’s successor in interest as a special administrator or guardian ad litem. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  48. 377.34.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    Limits damages in decedent claims, with a temporary exception for pain, suffering, or disfigurement, and requires a report and filing to the Judicial Council in some cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.34. (a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement. (b) Notwithstanding subdivision (a), in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026. (c) A plaintiff who recovers damages pursuant to subdivision (b) between January 1, 2022, and January 1, 2025, inclusive, shall, within 60 days after obtaining a judgment, consent judgment, or court-approved settlement agreement entitling the plaintiff to the damages, submit to the Judicial Council a copy of the judgment, consent judgment, or court-approved settlement agreement, along with a cover sheet detailing all of the following information: (1) The date the action was filed. (2) The date of the final disposition of the action. (3) The amount and type of damages awarded, including economic damages and damages for pain, suffering, or disfigurement. (d) (1) On or before January 1, 2025, the Judicial Council shall transmit to the Legislature a report detailing the information received pursuant to subdivision (c) for all judgments, consent judgments, or court-approved settlement agreements rendered from January 1, 2022, to July 31, 2024, inclusive, in which damages were recovered pursuant to subdivision (b). The report shall comply with Section 9795 of the Government Code. (2) This subdivision shall become inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code. (e) Nothing in this section alters Section 3333.2 of the Civil Code. (f) Nothing in this section affects claims brought pursuant to Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 2023, Ch. 131, Sec. 18. (AB 1754) Effective January 1, 2024.)
  49. 377.35.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    This section says the article applies, from January 1, 1993 onward, to starting or continuing certain actions or proceedings involving a decedent.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 3. Decedent’s Cause of Action [377.30 - 377.35] ( Article 3 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.35. On or after January 1, 1993, this article applies to the commencement of an action or proceeding the decedent was entitled to commence, and to the continuation of an action or proceeding commenced by the decedent, regardless of whether the decedent died before, on, or after January 1, 1993. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  50. 377.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 4. Cause of Action Against Decedent [377.40 - 377.43] ( Article 4 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    A surviving cause of action against a decedent may be brought against the decedent’s personal representative, or against the successor in interest if statute allows.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 4. Cause of Action Against Decedent [377.40 - 377.43] ( Article 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.40. Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, a cause of action against a decedent that survives may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  51. 377.41.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 4. Cause of Action Against Decedent [377.40 - 377.43] ( Article 4 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    On motion, the court must let a non-abating pending action against a decedent continue against the personal representative, or in some cases the successor in interest, but not against the personal representative unless proof of compliance with the Probate Code creditor-claim provisions is first shown.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 4. Cause of Action Against Decedent [377.40 - 377.43] ( Article 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.41. On motion, the court shall allow a pending action or proceeding against the decedent that does not abate to be continued against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, except that the court may not permit an action or proceeding to be continued against the personal representative unless proof of compliance with Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims is first made. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  52. 377.42.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 4. Cause of Action Against Decedent [377.40 - 377.43] ( Article 4 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    In an action against a decedent’s personal representative, or sometimes the decedent’s successor in interest, recoverable damages generally include the damages that could have been recovered from the decedent if alive, except punitive or exemplary damages.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 4. Cause of Action Against Decedent [377.40 - 377.43] ( Article 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.42. In an action or proceeding against a decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest, on a cause of action against the decedent, all damages are recoverable that might have been recovered against the decedent had the decedent lived except damages recoverable under Section 3294 of the Civil Code or other punitive or exemplary damages. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  53. 377.43.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 4. Cause of Action Against Decedent [377.40 - 377.43] ( Article 4 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    This article applies to certain actions and motions involving a decedent’s personal representative or successor in interest when they are started or continued on or after January 1, 1993.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 4. Cause of Action Against Decedent [377.40 - 377.43] ( Article 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.43. This article applies to the commencement on or after January 1, 1993, of an action or proceeding against the decedent’s personal representative or successor in interest, or to the making of a motion on or after January 1, 1993, to continue a pending action or proceeding against the decedent’s personal representative or successor in interest, regardless of whether the decedent died before, on, or after January 1, 1993. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  54. 377.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 5. Insured Claims [377.50- 377.50.] ( Article 5 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    An action to establish a decedent’s insured liability may be commenced or continued against the decedent’s estate under the Probate Code procedure referenced here.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 5. Insured Claims [377.50- 377.50.] ( Article 5 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.50. An action to establish the decedent’s liability for which the decedent was protected by insurance may be commenced or continued against the decedent’s estate as provided in Chapter 1 (commencing with Section 550) of Part 13 of Division 2 of the Probate Code. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  55. 377.60.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 6. Wrongful Death [377.60 - 377.62] ( Article 6 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    This section lets certain listed people, or the decedent’s personal representative for them, bring a wrongful-death cause of action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 6. Wrongful Death [377.60 - 377.62] ( Article 6 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.60. A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: (a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents. (b) (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased. (2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid. (c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support. (d) This section applies to any cause of action arising on or after January 1, 1993. (e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996. (f) (1) For the purpose of this section, “domestic partner” means a person who, at the time of the decedent’s death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code. (2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005. (3) The amendments made to this subdivision during the 2003–04 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run. (Amended by Stats. 2020, Ch. 51, Sec. 1. (AB 2445) Effective September 9, 2020.)
  56. 377.61.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 6. Wrongful Death [377.60 - 377.62] ( Article 6 added by Stats. 1992, Ch. 178, Sec. 20. )

    Verify source ↗

    In a wrongful death action under this article, the court may award just damages, but not damages recoverable under Section 377.34, and must determine each entitled person’s share of the award.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 6. Wrongful Death [377.60 - 377.62] ( Article 6 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.61. In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the cause of action. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  57. 377.62.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 6. Wrongful Death [377.60 - 377.62] ( Article 6 added by Stats. 1992, Ch. 178, Sec. 20. )

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    Actions under certain wrongful-death sections may be joined or consolidated when they arise from the same wrongful act or neglect.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 4. Effect of Death [377.10 - 377.62] ( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. ) ## ARTICLE 6. Wrongful Death [377.60 - 377.62] ( Article 6 added by Stats. 1992, Ch. 178, Sec. 20. ) ## 377.62. (a) An action under Section 377.30 may be joined with an action under Section 377.60 arising out of the same wrongful act or neglect. (b) An action under Section 377.60 and an action under Section 377.31 arising out of the same wrongful act or neglect may be consolidated for trial as provided in Section 1048. (Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
  58. 378.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. )

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    All persons may join as plaintiffs in one action if the claims arise from the same transaction or occurrence and share a common question of law or fact, or if they have an adverse claim, right, or interest in the property or controversy.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. ) ## 378. (a) All persons may join in one action as plaintiffs if: (1) They assert any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action; or (2) They have a claim, right, or interest adverse to the defendant in the property or controversy which is the subject of the action. (b) It is not necessary that each plaintiff be interested as to every cause of action or as to all relief prayed for. Judgment may be given for one or more of the plaintiffs according to their respective right to relief. (Amended by Stats. 1971, Ch. 244.)
  59. 379.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. )

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    This section allows defendants to be joined in one action when the claims arise from the same transaction or occurrence and share a common question of law or fact, and it also allows a plaintiff who is unsure who is liable to join two or more defendants.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. ) ## 379. (a) All persons may be joined in one action as defendants if there is asserted against them: (1) Any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action; or (2) A claim, right, or interest adverse to them in the property or controversy which is the subject of the action. (b) It is not necessary that each defendant be interested as to every cause of action or as to all relief prayed for. Judgment may be given against one or more defendants according to their respective liabilities. (c) Where the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, with the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined between the parties. (Amended by Stats. 1975, Ch. 1241.)
  60. 379.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. )

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    If parties have been joined under Section 378 or 379, the court may issue just orders, including separate trials, to prevent embarrassment, delay, or undue expense.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. ) ## 379.5. When parties have been joined under Section 378 or 379, the court may make such orders as may appear just to prevent any party from being embarrassed, delayed, or put to undue expense, and may order separate trials or make such other order as the interests of justice may require. (Added by Stats. 1971, Ch. 244.)
  61. 38.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Courts of Justice in General [35 - 38] ( Chapter 1 added by Code Amendments 1880, Ch. 35. )

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    This section defines what “judicial district” means in a statute, unless the context requires otherwise.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 1. Courts of Justice in General [35 - 38] ( Chapter 1 added by Code Amendments 1880, Ch. 35. ) ## 38. Unless the provision or context otherwise requires, a reference in a statute to a judicial district means: (a) As it relates to a court of appeal, the court of appeal district. (b) As it relates to a superior court, the county. (Amended by Stats. 2018, Ch. 92, Sec. 39. (SB 1289) Effective January 1, 2019.)
  62. 382.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. )

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    If a person who should have been joined as a plaintiff cannot consent, that person may be made a defendant, and the reason must be stated in the complaint. In common-interest cases with many parties, one or more persons may sue or defend for everyone.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. ) ## 382. If the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all. (Amended by Stats. 1971, Ch. 244.)
  63. 382.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. )

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    In certain class action settlement hearings, a party’s attorney must tell the court if the attorney has a relationship with a nonparty recipient of settlement value that could create an appearance of impropriety.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. ) ## 382.4. If a proposed settlement in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement, provides for the distribution of money or any other thing of value to a person or entity that is not a party to the action, an attorney for a party to the action shall, in connection with the hearing for preliminary approval pursuant to subdivision (c) of Rule 3.769 of the California Rules of Court, notify the court if the attorney has a connection to or a relationship with a nonparty recipient of the distribution that could reasonably create the appearance of impropriety as between the selection of the recipient of the money or thing of value and the interests of the class. (Added by Stats. 2018, Ch. 45, Sec. 1. (SB 847) Effective June 27, 2018.)
  64. 384.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. )

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    In certain class actions, the court must calculate what should be paid to class members, set a reporting date, and then direct unpaid or unclaimed funds to approved nonprofit or public-interest uses; the section does not apply to class actions against public entities or public employees.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. ) ## 384. (a) It is the policy of the State of California to ensure that the unpaid cash residue and unclaimed or abandoned funds in class action litigation are distributed, to the fullest extent possible, in a manner designed either to further the purposes of the underlying class action or causes of action, or to promote justice for all Californians. The Legislature finds that the use of funds for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes. (b) Except as provided in subdivision (c), before the entry of a judgment in a class action established pursuant to Section 382 that provides for the payment of money to members of the class, the court shall determine the total amount that will be payable to all class members if all class members are paid the amount to which they are entitled pursuant to the judgment. The court shall also set a date when the parties shall report to the court the total amount that was actually paid to the class members. After the report is received, the court shall amend the judgment to direct the defendant to pay the sum of the unpaid residue or unclaimed or abandoned class member funds, plus any interest that has accrued thereon, to nonprofit organizations or foundations to support projects that will benefit the class or similarly situated persons, or that promote the law consistent with the objectives and purposes of the underlying cause of action, to child advocacy programs, or to nonprofit organizations providing civil legal services to the indigent. The court shall ensure that the distribution of any unpaid residue or unclaimed or abandoned class member funds derived from multistate or national cases brought under California law shall provide substantial or commensurate benefit to California consumers. For purposes of this subdivision, “judgment” includes a consent judgment, decree, or settlement agreement that has been approved by the court. (c) This section shall not apply to any class action brought against any public entity, as defined in Section 811.2 of the Government Code, or against any public employee, as defined in Section 811.4 of the Government Code. However, this section shall not be construed to abrogate any equitable cy pres remedy that may be available in any class action with regard to all or part of the cash residue or unclaimed or abandoned class member funds. (Amended by Stats. 2018, Ch. 776, Sec. 6. (AB 3250) Effective January 1, 2019.)
  65. 384.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. )

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    If a class-action judgment or settlement distributes money or other value to a non-party, the court must send a copy of the order, judgment, or decree to the Judicial Council.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 5. Permissive Joinder [378 - 384.5] ( Heading of Chapter 5 added by Stats. 1992, Ch. 178, Sec. 21. ) ## 384.5. If a judgment in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement that has been approved by a court, provides for a distribution of money or any other thing of value to a person or entity that is not a party to the action, the court shall transmit a copy of the order, judgment, or decree to the Judicial Council. The order, judgment, or decree shall contain, at a minimum, the information necessary for the California Research Bureau to complete the report required by Section 68520 of the Government Code. (Added by Stats. 2018, Ch. 45, Sec. 3. (SB 847) Effective June 27, 2018.)
  66. 386.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 6. Interpleader [386 - 386.6] ( Heading of Chapter 6 added by Stats. 1992, Ch. 178, Sec. 23. )

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    Section 386 lets a defendant or other stakeholder use interpleader to bring rival claimants into one case and ask the court to decide who should receive the money or property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 6. Interpleader [386 - 386.6] ( Heading of Chapter 6 added by Stats. 1992, Ch. 178, Sec. 23. ) ## 386. (a) A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such property, upon notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositing in court the amount claimed on the contract, or delivering the property or its value to such person as the court may direct; and the court may, in its discretion, make the order; or such defendant may file a verified cross-complaint in interpleader, admitting that he has no interest in such amount or such property claimed, or in a portion of such amount or such property and alleging that all or such portion of the amount or property is demanded by parties to such action or cross-action and apply to the court upon notice to such parties for an order to deliver such property or portion thereof or its value to such person as the court shall direct. And whenever conflicting claims are or may be made upon a person for or relating to personal property, or the performance of an obligation, or any portion thereof, such person may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims. The order of substitution may be made and the action of interpleader may be maintained, and the applicant or interpleading party be discharged from liability to all or any of the conflicting claimants, although their titles or claims have not a common origin, or are not identical but are adverse to and independent of one another. (b) Any person, firm, corporation, association or other entity against whom double or multiple claims are made, or may be made, by two or more persons which are such that they may give rise to double or multiple liability, may bring an action against the claimants to compel them to interplead and litigate their several claims. When the person, firm, corporation, association or other entity against whom such claims are made, or may be made, is a defendant in an action brought upon one or more of such claims, it may either file a verified cross-complaint in interpleader, admitting that it has no interest in the money or property claimed, or in only a portion thereof, and alleging that all or such portion is demanded by parties to such action, and apply to the court upon notice to such parties for an order to deliver such money or property or such portion thereof to such person as the court shall direct; or may bring a separate action against the claimants to compel them to interplead and litigate their several claims. The action of interpleader may be maintained although the claims have not a common origin, are not identical but are adverse to and independent of one another, or the claims are unliquidated and no liability on the part of the party bringing the action or filing the cross-complaint has arisen. The applicant or interpleading party may deny liability in whole or in part to any or all of the claimants. The applicant or interpleading party may join as a defendant in such action any other party against whom claims are made by one or more of the claimants or such other party may interplead by cross-complaint; provided, however, that such claims arise out of the same transaction or occurrence. (c) Any amount which a plaintiff or cross-complainant admits to be payable may be deposited by him with the clerk of the court at the time of the filing of the complaint or cross-complaint in interpleader without first obtaining an order of the court therefor. Any interest on amounts deposited and any right to damages for detention of property so delivered, or its value, shall cease to accrue after the date of such deposit or delivery. (d) A defendant named in a complaint to compel conflicting claimants to interplead and litigate their claims, or a defendant named in a cross-complaint in interpleader, may, in lieu of or in addition to any other pleading, file an answer to the complaint or cross-complaint which shall be served upon all other parties to the action and which shall contain allegations of fact as to his ownership of or other interest in the amount or property and any affirmative defenses and the relief requested. The allegations in such answer shall be deemed denied by all other parties to the action, unless otherwise admitted in the pleadings. (e) Except in cases where by the law a right to a jury trial is now given, conflicting claims to funds or property or the value thereof so deposited or delivered shall be deemed issues triable by the court, and such issues may be first tried. In the event the amount deposited shall be less than the amount claimed to be due by one or more of the conflicting claimants thereto, or in the event the property or the value thereof delivered is less than all of the property or the value thereof claimed by one or more of such conflicting claimants, any issues of fact involved in determining whether there is a deficiency in such deposit or delivery shall be tried by the court or a jury as provided in Title 8 (commencing with Section 577) of Part 2 of this code. (f) After any such complaint or cross-complaint in interpleader has been filed, the court in which it is filed may enter its order restraining all parties to the action from instituting or further prosecuting any other proceeding in any court in this state affecting the rights and obligations as between the parties to the interpleader until further order of the court. (Amended by Stats. 1975, Ch. 670.)
  67. 386.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 6. Interpleader [386 - 386.6] ( Heading of Chapter 6 added by Stats. 1992, Ch. 178, Sec. 23. )

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    If a deposit was made under Section 386, the court must invest it in an insured interest-bearing account when any party asks.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 6. Interpleader [386 - 386.6] ( Heading of Chapter 6 added by Stats. 1992, Ch. 178, Sec. 23. ) ## 386.1. Where a deposit has been made pursuant to Section 386, the court shall, upon the application of any party to the action, order such deposit to be invested in an insured interest-bearing account. Interest on such amount shall be allocated to the parties in the same proportion as the original funds are allocated. (Amended by Stats. 1979, Ch. 173.)
  68. 386.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 6. Interpleader [386 - 386.6] ( Heading of Chapter 6 added by Stats. 1992, Ch. 178, Sec. 23. )

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    A defendant who is just a stakeholder may ask the court to discharge him from liability and dismiss him from the case if he files an affidavit, gives notice, and deposits the disputed money with the clerk.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 6. Interpleader [386 - 386.6] ( Heading of Chapter 6 added by Stats. 1992, Ch. 178, Sec. 23. ) ## 386.5. Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon notice to such parties, apply to the court for an order discharging him from liability and dismissing him from the action on his depositing with the clerk of the court the amount in dispute and the court may, in its discretion, make such order. (Added by Stats. 1953, Ch. 328.)
  69. 386.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 6. Interpleader [386 - 386.6] ( Heading of Chapter 6 added by Stats. 1992, Ch. 178, Sec. 23. )

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    A party in an interpleader action may request costs and reasonable attorney fees, and the court may award them or allocate them among adverse claimants.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 6. Interpleader [386 - 386.6] ( Heading of Chapter 6 added by Stats. 1992, Ch. 178, Sec. 23. ) ## 386.6. (a) A party to an action who follows the procedure set forth in Section 386 or 386.5 may insert in his motion, petition, complaint, or cross complaint a request for allowance of his costs and reasonable attorney fees incurred in such action. In ordering the discharge of such party, the court may, in its discretion, award such party his costs and reasonable attorney fees from the amount in dispute which has been deposited with the court. At the time of final judgment in the action the court may make such further provision for assumption of such costs and attorney fees by one or more of the adverse claimants as may appear proper. (b) A party shall not be denied the attorney fees authorized by subdivision (a) for the reason that he is himself an attorney, appeared in pro se, and performed his own legal services. (Amended by Stats. 1974, Ch. 273.)
  70. 387.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 7. Intervention [387 - 388] ( Heading of Chapter 7 added by Stats. 1992, Ch. 178, Sec. 24. )

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    This section explains when a nonparty may intervene in a civil action and what filings and service are required after leave is granted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 7. Intervention [387 - 388] ( Heading of Chapter 7 added by Stats. 1992, Ch. 178, Sec. 24. ) ## 387. (a) For purposes of this section: (1) “Defendant” includes a cross-defendant. (2) “Plaintiff” includes a cross-complainant. (b) An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the complaint. (2) Uniting with a defendant in resisting the claims of a plaintiff. (3) Demanding anything adverse to both a plaintiff and a defendant. (c) A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests. (d) (1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law confers an unconditional right to intervene. (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by one or more of the existing parties. (2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both. (e) If leave to intervene is granted by the court, the intervenor shall do both of the following: (1) Separately file the complaint in intervention, answer in intervention, or both. (2) Serve a copy of the order, or notice of the court’s decision or order, granting leave to intervene and the pleadings in intervention as follows: (A) A party to the action or proceeding who has not yet appeared shall be served in the same manner for service of summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. (B) A party who has appeared in the action or proceeding, whether represented by an attorney or not represented by an attorney, shall be served in the same manner for service of summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2, or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. (f) Within 30 days after service of a complaint in intervention or answer in intervention, a party may move, demur, or otherwise plead to the complaint in intervention or answer in intervention in the same manner as to an original complaint or answer. (Amended by Stats. 2017, Ch. 131, Sec. 1. (AB 1693) Effective January 1, 2018.)
  71. 388.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 7. Intervention [387 - 388] ( Heading of Chapter 7 added by Stats. 1992, Ch. 178, Sec. 24. )

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    If a pleading in a non-money-damages action alleges pollution or adverse environmental effects that could affect the public generally, the filing party must send a copy to the California Attorney General within 10 days after filing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 7. Intervention [387 - 388] ( Heading of Chapter 7 added by Stats. 1992, Ch. 178, Sec. 24. ) ## 388. In an action brought by a party for relief of any nature other than solely for money damages where a pleading alleges facts or issues concerning alleged pollution or adverse environmental effects which could affect the public generally, the party filing the pleading shall furnish a copy to the Attorney General of the State of California. The copy shall be furnished by the party filing the pleading within 10 days after filing. (Repealed and added by Stats. 1992, Ch. 178, Sec. 26. Effective January 1, 1993.)
  72. 389.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 8. Compulsory Joinder [389 - 389.5] ( Heading of Chapter 8 added by Stats. 1992, Ch. 178, Sec. 27. )

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    Certain required persons must be joined in the civil action, the court must order joinder if they are not joined, and the complaint or cross-complaint must identify unjoined required persons and explain why they were not joined.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 8. Compulsory Joinder [389 - 389.5] ( Heading of Chapter 8 added by Stats. 1992, Ch. 178, Sec. 27. ) ## 389. (a) A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the court shall order that he be made a party. (b) If a person as described in paragraph (1) or (2) of subdivision (a) cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed without prejudice, the absent person being thus regarded as indispensable. The factors to be considered by the court include: (1) to what extent a judgment rendered in the person’s absence might be prejudicial to him or those already parties; (2) the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; (3) whether a judgment rendered in the person’s absence will be adequate; (4) whether the plaintiff or cross-complainant will have an adequate remedy if the action is dismissed for nonjoinder. (c) A complaint or cross-complaint shall state the names, if known to the pleader, of any persons as described in paragraph (1) or (2) of subdivision (a) who are not joined, and the reasons why they are not joined. (d) Nothing in this section affects the law applicable to class actions. (Amended by Stats. 1971, Ch. 244.)
  73. 389.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 8. Compulsory Joinder [389 - 389.5] ( Heading of Chapter 8 added by Stats. 1992, Ch. 178, Sec. 27. )

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    A person who is not already a party, but has an interest in the property dispute, may ask the court to be added, and the court may order that person brought in by amendment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 - 389.5] ( Title 3 enacted 1872. ) ## CHAPTER 8. Compulsory Joinder [389 - 389.5] ( Heading of Chapter 8 added by Stats. 1992, Ch. 178, Sec. 27. ) ## 389.5. When, in an action for the recovery of real or personal property, or to determine conflicting claims thereto, a person not a party to the action but having an interest in the subject thereof makes application to the court to be made a party, it may order him to be brought in by the proper amendment. (Added by Stats. 1957, Ch. 1498.)
  74. 391.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. )

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    This section defines key terms used in the vexatious litigants title, including “litigation,” “vexatious litigant,” “security,” “plaintiff,” and “defendant.”

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. ) ## 391. As used in this title, the following terms have the following meanings: (a) “Litigation” means any civil action or proceeding, commenced, maintained or pending in any state or federal court. (b) “Vexatious litigant” means a person who does any of the following: (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined. (3) In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay. (4) Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence. (5) After being restrained pursuant to a restraining order issued after a hearing pursuant to Chapter 1 (commencing with Section 6300) of Part 4 of Division 10 of the Family Code, and while the restraining order is still in place, they commenced, prosecuted, or maintained one or more litigations against a person protected by the restraining order in this or any other court or jurisdiction that are determined to be meritless and caused the person protected by the order to be harassed or intimidated. (c) “Security” means an undertaking to assure payment, to the party for whose benefit the undertaking is required to be furnished, of the party’s reasonable expenses, including attorney’s fees and not limited to taxable costs, incurred in or in connection with a litigation instituted, caused to be instituted, or maintained or caused to be maintained by a vexatious litigant. (d) “Plaintiff” means the person who commences, institutes or maintains a litigation or causes it to be commenced, instituted or maintained, including an attorney at law acting in propria persona. (e) “Defendant” means a person (including corporation, association, partnership and firm or governmental entity) against whom a litigation is brought or maintained or sought to be brought or maintained. (Amended by Stats. 2022, Ch. 84, Sec. 1. (AB 2391) Effective January 1, 2023.)
  75. 391.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. )

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    A defendant may ask the court to require a plaintiff to post security or to dismiss the case before final judgment. In a specific subdivision (b) motion based on a vexatious-litigant claim, only a person protected by the restraining order may bring the motion, and no filing fee is required.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. ) ## 391.1. (a) In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3. The motion for an order requiring the plaintiff to furnish security shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that they will prevail in the litigation against the moving defendant. (b) A motion pursuant to subdivision (a) on the grounds that plaintiff is a vexatious litigant pursuant to paragraph (5) of subdivision (b) of Section 391 may be brought only by a person protected by the restraining order. A person filing a motion as described in this subdivision shall not be required to pay a filing fee. (Amended by Stats. 2022, Ch. 84, Sec. 2. (AB 2391) Effective January 1, 2023.)
  76. 391.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. )

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    At the motion hearing, the court must consider evidence that is material to the motion’s ground.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. ) ## 391.2. At the hearing upon the motion the court shall consider any evidence, written or oral, by witnesses or affidavit, as may be material to the ground of the motion. Except for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3, no determination made by the court in determining or ruling upon the motion shall be or be deemed to be a determination of any issue in the litigation or of the merits thereof. (Amended by Stats. 2012, Ch. 417, Sec. 2. (AB 2274) Effective January 1, 2013.)
  77. 391.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. )

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    A court must order a vexatious litigant plaintiff to post security if the plaintiff is unlikely to win, and must dismiss the case if it finds the case has no merit and was filed to harass or delay. A defendant may move for either remedy and must combine all grounds in one motion.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. ) ## 391.3. (a) Except as provided in subdivision (b), if, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail in the litigation against the moving defendant, the court shall order the plaintiff to furnish, for the benefit of the moving defendant, security in such amount and within such time as the court shall fix. (b) If, after hearing evidence on the motion, the court determines that the litigation has no merit and has been filed for the purposes of harassment or delay, the court shall order the litigation dismissed. This subdivision shall only apply to litigation filed in a court of this state by a vexatious litigant subject to a prefiling order pursuant to Section 391.7 who was represented by counsel at the time the litigation was filed and who became in propria persona after the withdrawal of his or her attorney. (c) A defendant may make a motion for relief in the alternative under either subdivision (a) or (b) and shall combine all grounds for relief in one motion. (Amended by Stats. 2012, Ch. 417, Sec. 3. (AB 2274) Effective January 1, 2013.)
  78. 391.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. )

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    If ordered security is not furnished as required, the litigation must be dismissed for the defendant who was meant to benefit from that security.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. ) ## 391.4. When security that has been ordered furnished is not furnished as ordered, the litigation shall be dismissed as to the defendant for whose benefit it was ordered furnished. (Added by Stats. 1963, Ch. 1471.)
  79. 391.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. )

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    If a Section 391.1 motion is filed before trial, the litigation is stayed and the moving defendant does not have to plead right away.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. ) ## 391.6. Except as provided in subdivision (b) of Section 391.3, when a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished and the moving defendant given written notice thereof. When a motion pursuant to Section 391.1 is made at any time thereafter, the litigation shall be stayed for such period after the denial of the motion or the furnishing of the required security as the court shall determine. (Amended by Stats. 2012, Ch. 417, Sec. 4. (AB 2274) Effective January 1, 2013.)
  80. 391.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. )

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    A court may issue a prefiling order against a vexatious litigant, blocking new self-represented filings unless a presiding justice or judge first अनुमति?; if filing is allowed, the judge must find merit and no harassment or delay.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. ) ## 391.7. (a) In addition to any other relief provided in this title, the court may, on its own motion or the motion of any party, enter a prefiling order which prohibits a vexatious litigant from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court. (b) The presiding justice or presiding judge shall permit the filing of that litigation only if it appears that the litigation has merit and has not been filed for the purposes of harassment or delay. The presiding justice or presiding judge may condition the filing of the litigation upon the furnishing of security for the benefit of the defendants as provided in Section 391.3. (c) The clerk may not file any litigation presented by a vexatious litigant subject to a prefiling order unless the vexatious litigant first obtains an order from the presiding justice or presiding judge permitting the filing. If the clerk mistakenly files the litigation without the order, any party may file with the clerk and serve, or the presiding justice or presiding judge may direct the clerk to file and serve, on the plaintiff and other parties a notice stating that the plaintiff is a vexatious litigant subject to a prefiling order as set forth in subdivision (a). The filing of the notice shall automatically stay the litigation. The litigation shall be automatically dismissed unless the plaintiff within 10 days of the filing of that notice obtains an order from the presiding justice or presiding judge permitting the filing of the litigation as set forth in subdivision (b). If the presiding justice or presiding judge issues an order permitting the filing, the stay of the litigation shall remain in effect, and the defendants need not plead, until 10 days after the defendants are served with a copy of the order. (d) For purposes of this section, “litigation” includes any petition, application, or motion other than a discovery motion, in a proceeding under the Family Code or Probate Code, for any order. (e) The presiding justice or presiding judge of a court may designate a justice or judge of the same court to act on his or her behalf in exercising the authority and responsibilities provided under subdivisions (a) to (c), inclusive. (f) The clerk of the court shall provide the Judicial Council a copy of any prefiling orders issued pursuant to subdivision (a). The Judicial Council shall maintain a record of vexatious litigants subject to those prefiling orders and shall annually disseminate a list of those persons to the clerks of the courts of this state. (Amended by Stats. 2011, Ch. 49, Sec. 1. (SB 731) Effective January 1, 2012.)
  81. 391.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. )

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    A vexatious litigant subject to a Section 391.7 prefiling order may ask the court to vacate the order and remove the person from the Judicial Council list.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 3A. VEXATIOUS LITIGANTS [391 - 391.8] ( Title 3A added by Stats. 1963, Ch. 1471. ) ## 391.8. (a) A vexatious litigant subject to a prefiling order under Section 391.7 may file an application to vacate the prefiling order and remove his or her name from the Judicial Council’s list of vexatious litigants subject to prefiling orders. The application shall be filed in the court that entered the prefiling order, either in the action in which the prefiling order was entered or in conjunction with a request to the presiding justice or presiding judge to file new litigation under Section 391.7. The application shall be made before the justice or judge who entered the order, if that justice or judge is available. If that justice or judge who entered the order is not available, the application shall be made before the presiding justice or presiding judge, or his or her designee. (b) A vexatious litigant whose application under subdivision (a) was denied shall not be permitted to file another application on or before 12 months has elapsed after the date of the denial of the previous application. (c) A court may vacate a prefiling order and order removal of a vexatious litigant’s name from the Judicial Council’s list of vexatious litigants subject to prefiling orders upon a showing of a material change in the facts upon which the order was granted and that the ends of justice would be served by vacating the order. (Added by Stats. 2011, Ch. 49, Sec. 2. (SB 731) Effective January 1, 2012.)
  82. 392.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    This section says which superior court is the proper venue for certain real-property cases, and lets the court set a local-rule location for unlawful detainer hearings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 392. (a) Subject to the power of the court to transfer actions and proceedings as provided in this title, the superior court in the county where the real property that is the subject of the action, or some part thereof, is situated, is the proper court for the trial of the following actions: (1) For the recovery of real property, or of an estate or interest therein, or for the determination in any form, of that right or interest, and for injuries to real property. (2) For the foreclosure of all liens and mortgages on real property. (b) In the court designated as the proper court in subdivision (a), the proper court location for trial of a proceeding for an unlawful detainer, as defined in Section 1161, is the location where the court tries that type of proceeding that is nearest or most accessible to where the real property that is the subject of the action, or some part thereof, is situated. Otherwise any location of the superior court designated as the proper court in subdivision (a) is a proper court location for the trial. The court may specify by local rule the nearest or most accessible court location where the court tries that type of case. (Amended by Stats. 2002, Ch. 806, Sec. 7. Effective January 1, 2003.)
  83. 393.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    This section says the proper county for trial is generally the county where the cause arose, subject to the court’s power to transfer the case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 393. Subject to the power of the court to transfer actions and proceedings as provided in this title, the county in which the cause, or some part of the cause, arose, is the proper county for the trial of the following actions: (a) For the recovery of a penalty or forfeiture imposed by statute, except, that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be tried in any county bordering on the lake, river, or stream, and opposite to the place where the offense was committed. (b) Against a public officer or person especially appointed to execute the duties of a public officer, for an act done by the officer or person in virtue of the office, or against a person who, by the officer’s command or in the officer’s aid, does anything touching the duties of the officer. (Amended by Stats. 2003, Ch. 449, Sec. 7. Effective January 1, 2004.)
  84. 394.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    This section sets venue rules for civil actions against counties, cities, city and counties, and local agencies, including when cases may or must be transferred and who pays some transfer costs.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 394. (a) An action or proceeding against a county, or city and county, a city, or local agency, may be tried in the county, or city and county, or the county in which the city or local agency is situated, unless the action or proceeding is brought by a county, or city and county, a city, or local agency, in which case it may be tried in any county, or city and county, not a party thereto and in which the city or local agency is not situated. Except for actions initiated by the local child support agency pursuant to Section 17400, 17402, 17404, or 17416 of the Family Code, any action or proceeding brought by a county, city and county, city, or local agency within a certain county, or city and county, against a resident of another county, city and county, or city, or a corporation doing business in the latter, shall be, on motion of either party, transferred for trial to a county, or city and county, other than the plaintiff, if the plaintiff is a county, or city and county, and other than that in which the plaintiff is situated, if the plaintiff is a city, or a local agency, and other than that in which the defendant resides, or is doing business, or is situated. Whenever an action or proceeding is brought against a county, city and county, city, or local agency, in any county, or city and county, other than the defendant, if the defendant is a county, or city and county, or, if the defendant is a city, or local agency, other than that in which the defendant is situated, the action or proceeding must be, on motion of that defendant, transferred for trial to a county, or city and county, other than that in which the plaintiff, or any of the plaintiffs, resides, or is doing business, or is situated, and other than the plaintiff county, or city and county, or county in which that plaintiff city or local agency is situated, and other than the defendant county, or city and county, or county in which the defendant city or local agency is situated; provided, however, that any action or proceeding against the city, county, city and county, or local agency for injury occurring within the city, county, or city and county, or within the county in which the local agency is situated, to person or property or person and property caused by the negligence or alleged negligence of the city, county, city and county, local agency, or its agents or employees, shall be tried in that county, or city and county, or if a city is a defendant, in the city or in the county in which the city is situated, or if a local agency is a defendant, in the county in which the local agency is situated. In that action or proceeding, the parties thereto may, by stipulation in writing, or made in open court, and entered in the minutes, agree upon any county, or city and county, for the place of trial thereof. When the action or proceeding is one in which a jury is not of right, or in case a jury is waived, then in lieu of transferring the cause, the court in the original county may request the chairperson of the Judicial Council to assign a disinterested judge from a neutral county to hear that cause and all proceedings in connection therewith. When the action or proceeding is transferred to another county for trial, a witness required to respond to a subpoena for a hearing within the original county shall be compelled to attend hearings in the county to which the cause is transferred. If the demand for transfer is made by one party and the opposing party does not consent thereto, the additional costs of the nonconsenting party occasioned by the transfer of the cause, including living and traveling expenses of the nonconsenting party and material witnesses, found by the court to be material, and called by the nonconsenting party, not to exceed five dollars ($5) per day each in excess of witness fees and mileage otherwise allowed by law, shall be assessed by the court hearing the cause against the party requesting the transfer. To the extent of that excess, those costs shall be awarded to the nonconsenting party regardless of the outcome of the trial. This section shall apply to actions or proceedings now pending or hereafter brought. (b) For the purposes of this section, “local agency” shall mean any governmental district, board, or agency, or any other local governmental body or corporation, but shall not include the State of California or any of its agencies, departments, commissions, or boards. (Amended by Stats. 2002, Ch. 927, Sec. 1. Effective January 1, 2003.)
  85. 395.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    Section 395 sets venue rules for where certain civil actions and proceedings may be tried in superior court, and makes waivers of subdivision (b) void and unenforceable.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 395. (a) Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. If the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action. In a proceeding for dissolution of marriage, the superior court in the county where either the petitioner or respondent has been a resident for three months next preceding the commencement of the proceeding is the proper court for the trial of the proceeding. In a proceeding for nullity of marriage or legal separation of the parties, the superior court in the county where either the petitioner or the respondent resides at the commencement of the proceeding is the proper court for the trial of the proceeding. In a proceeding to enforce an obligation of support under Section 3900 of the Family Code, the superior court in the county where the child resides is the proper court for the trial of the action. In a proceeding to establish and enforce a foreign judgment or court order for the support of a minor child, the superior court in the county where the child resides is the proper court for the trial of the action. Subject to subdivision (b), if a defendant has contracted to perform an obligation in a particular county, the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencement of the action is a proper court for the trial of an action founded on that obligation, and the county where the obligation is incurred is the county where it is to be performed, unless there is a special contract in writing to the contrary. If none of the defendants reside in the state or if they reside in the state and the county where they reside is unknown to the plaintiff, the action may be tried in the superior court in any county that the plaintiff may designate in his or her complaint, and, if the defendant is about to depart from the state, the action may be tried in the superior court in any county where either of the parties reside or service is made. If any person is improperly joined as a defendant or has been made a defendant solely for the purpose of having the action tried in the superior court in the county where he or she resides, his or her residence shall not be considered in determining the proper place for the trial of the action. (b) Subject to the power of the court to transfer actions or proceedings as provided in this title, in an action arising from an offer or provision of goods, services, loans or extensions of credit intended primarily for personal, family or household use, other than an obligation described in Section 1812.10 or Section 2984.4 of the Civil Code, or an action arising from a transaction consummated as a proximate result of either an unsolicited telephone call made by a seller engaged in the business of consummating transactions of that kind or a telephone call or electronic transmission made by the buyer or lessee in response to a solicitation by the seller, the superior court in the county where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at the commencement of the action is the proper court for the trial of the action. In the superior court designated in this subdivision as the proper court, the proper court location for trial of a case is the location where the court tries that type of case that is nearest or most accessible to where the buyer or lessee resides, where the buyer or lessee in fact signed the contract, where the buyer or lessee resided at the time the contract was entered into, or where the buyer or lessee resides at the commencement of the action. Otherwise, any location of the superior court designated as the proper court in this subdivision is a proper court location for the trial. The court may specify by local rule the nearest or most accessible court location where the court tries that type of case. (c) Any provision of an obligation described in subdivision (b) waiving that subdivision is void and unenforceable. (Amended by Stats. 2002, Ch. 806, Sec. 8. Effective January 1, 2003.)
  86. 395.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    For certain lawsuits against a defendant in an official or representative role, the trial must be held in the county that has jurisdiction over the estate the defendant represents, unless another Probate Code rule for trustees applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 395.1. Except as otherwise provided in Section 17005 of the Probate Code pertaining to trustees, when a defendant is sued in an official or representative capacity as executor, administrator, guardian, conservator, or trustee on a claim for the payment of money or for the recovery of personal property, the county which has jurisdiction of the estate which the defendant represents shall be the proper county for the trial of the action. (Amended by Stats. 1986, Ch. 820, Sec. 16. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
  87. 395.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    For an unincorporated association that has filed a statement with the Secretary of State naming its principal office in California, the trial county is treated the same as if the association were a corporation.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 395.2. If an unincorporated association has filed a statement with the Secretary of State pursuant to statute, designating its principal office in this state, the proper county for the trial of an action against the unincorporated association is the same as it would be if the unincorporated association were a corporation and, for the purpose of determining the proper county, the principal place of business of the unincorporated association shall be deemed to be the principal office in this state listed in the statement. (Amended by Stats. 2004, Ch. 178, Sec. 2. Effective January 1, 2005.)
  88. 395.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    A corporation or association can be sued in specified counties, including where the contract was made or to be performed, where the obligation or liability arose, where the breach occurred, or where its principal place of business is located.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 395.5. A corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to the power of the court to change the place of trial as in other cases. (Added by Stats. 1972, Ch. 118.)
  89. 396.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    A superior court may not dismiss an appeal or petition just because it was filed in the wrong state court, and if another court has jurisdiction, the matter must be transferred there.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 396. (a) No appeal or petition filed in the superior court shall be dismissed solely because the appeal or petition was not filed in the proper state court. (b) If the superior court lacks jurisdiction of an appeal or petition, and a court of appeal or the Supreme Court would have jurisdiction, the appeal or petition shall be transferred to the court having jurisdiction upon terms as to costs or otherwise as may be just, and proceeded with as if regularly filed in the court having jurisdiction. (Repealed and added by Stats. 2008, Ch. 56, Sec. 2. Effective January 1, 2009.)
  90. 396a

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    This section requires a plaintiff in certain cases to file venue facts with the complaint, and it lets the court transfer a case filed in the wrong court location unless the defendant consents.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 396a. In a case that is subject to Sections 1812.10 and 2984.4 of the Civil Code, or subdivision (b) of Section 395 of the Code of Civil Procedure, or in an action or proceeding for an unlawful detainer as defined in Section 1161 of the Code of Civil Procedure: (a) The plaintiff shall state facts in the complaint, verified by the plaintiff’s oath, or the oath of the plaintiff’s attorney, or in an affidavit of the plaintiff or of the plaintiff’s attorney filed with the complaint, showing that the action has been commenced in the proper superior court and the proper court location for the trial of the action or proceeding, and showing that the action is subject to the provisions of Sections 1812.10 and 2984.4 of the Civil Code or subdivision (b) of Section 395 of the Code of Civil Procedure, or is an action for an unlawful detainer. When the affidavit is filed with the complaint, a copy thereof shall be served with the summons. Except as provided in this section, if the complaint or affidavit is not filed pursuant to this subdivision, no further proceedings may occur in the action or proceeding, except to dismiss the action or proceeding without prejudice. However, the court may, on terms that are just, permit the affidavit to be filed after the filing of the complaint, and a copy of the affidavit shall be served on the defendant and the time to answer or otherwise plead shall date from that service. (b) If it appears from the complaint or affidavit, or otherwise, that the superior court or court location where the action or proceeding is commenced is not the proper court or court location for the trial, the court where the action or proceeding is commenced, or a judge thereof, shall, whenever that fact appears, transfer it to the proper court or court location, on its own motion, or on motion of the defendant, unless the defendant consents in writing, or in open court (consent in open court being entered in the minutes of the court), to the keeping of the action or proceeding in the court or court location where commenced. If that consent is given, the action or proceeding may continue in the court or court location where commenced. Notwithstanding Section 1801.1 and subdivision (f) of Section 2983.7 of the Civil Code, that consent may be given by a defendant who is represented by counsel at the time the consent is given, and if an action or proceeding is subject to subdivision (b) of Section 395 or is for an unlawful detainer, that consent may only be given by a defendant who is represented by counsel at the time the consent is given. (c) In any case where the transfer of the action or proceeding is ordered under subdivision (a) or (b), if summons is served prior to the filing of the action or proceeding in the superior court or court location to which it is transferred, as to any defendant, so served, who has not appeared in the action or proceeding, the time to answer or otherwise plead shall date from service upon that defendant of written notice of the filing. (d) If it appears from the complaint or affidavit of the plaintiff that the superior court and court location where the action or proceeding is commenced are a proper court and court location for the trial thereof, all proper proceedings may be had, and the action or proceeding may be tried in that court at that location. (e) A motion for a transfer of the action or proceeding to a different superior court may be made as in other cases, within the time, upon the grounds, and in the manner provided in this title, and if upon that motion it appears that the action or proceeding is not pending in the proper court, or should for other cause be transferred, the action or proceeding shall be ordered transferred as provided in this title. If any action or proceeding is ordered transferred to another court as provided in this section, proceedings shall be had, and the costs and fees shall be paid, as provided in Sections 398 and 399. (f) If a motion is made for transfer of an action or proceeding to a different court location within the same superior court as provided in this section, proceedings shall be had as provided by local rules of the superior court. (Amended by Stats. 2007, Ch. 263, Sec. 5. Effective January 1, 2008.)
  91. 396b

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    This section lets a defendant ask to move a case to the proper court; if the request is denied, the court must let the defendant keep pleading.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 396b. (a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers. Upon the hearing of the motion the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court. (b) In its discretion, the court may order the payment to the prevailing party of reasonable expenses and attorney’s fees incurred in making or resisting the motion to transfer whether or not that party is otherwise entitled to recover his or her costs of action. In determining whether that order for expenses and fees shall be made, the court shall take into consideration (1) whether an offer to stipulate to change of venue was reasonably made and rejected, and (2) whether the motion or selection of venue was made in good faith given the facts and law the party making the motion or selecting the venue knew or should have known. As between the party and his or her attorney, those expenses and fees shall be the personal liability of the attorney not chargeable to the party. Sanctions shall not be imposed pursuant to this subdivision except on notice contained in a party’s papers, or on the court’s own noticed motion, and after opportunity to be heard. (c) The court in a proceeding for dissolution of marriage or legal separation or under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code) may, prior to the determination of the motion to transfer, consider and determine motions for allowance of temporary spousal support, support of children, and counsel fees and costs, and motions to determine custody of and visitation with children, and may make all necessary and proper orders in connection therewith. (d) In any case, if an answer is filed, the court may consider opposition to the motion to transfer, if any, and may retain the action in the county where commenced if it appears that the convenience of the witnesses or the ends of justice will thereby be promoted. (e) If the motion to transfer is denied, the court shall allow the defendant time to move to strike, demur, or otherwise plead if the defendant has not previously filed a response. (Amended by Stats. 2005, Ch. 706, Sec. 10. Effective January 1, 2006.)
  92. 397.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    The court may change the place of trial on motion in certain listed cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 397. The court may, on motion, change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court. (b) When there is reason to believe that an impartial trial cannot be had therein. (c) When the convenience of witnesses and the ends of justice would be promoted by the change. (d) When from any cause there is no judge of the court qualified to act. (e) When a proceeding for dissolution of marriage has been filed in the county in which the petitioner has been a resident for three months next preceding the commencement of the proceeding, and the respondent at the time of the commencement of the proceeding is a resident of another county in this state, to the county of the respondent’s residence when the ends of justice would be promoted by the change. If a motion to change the place of trial is made pursuant to this paragraph, the court may, prior to the determination of such motion, consider and determine motions for allowance of temporary spousal support, support of children, temporary restraining orders, attorneys’ fees, and costs, and make all necessary and proper orders in connection therewith. (Amended by Stats. 1992, Ch. 163, Sec. 19. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  93. 397.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    A court may transfer certain Family Code proceedings to a party’s county of residence, and must redirect motions in concurrent Division 17 child support matters to the proper court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 397.5. In any proceeding under the Family Code where it appears that both petitioner and respondent have moved from the county rendering the order, the court may, when the ends of justice and the convenience of the parties would be promoted by the change, order that the proceedings be transferred to the county of residence of either party. In any proceeding in which there is a concurrent action or proceeding under Division 17 (commencing with Section 17000) of the Family Code involving the local child support agency, the court may transfer venue under this section for any action or proceeding not subject to Division 17 (commencing with Section 17000) of the Family Code, but shall redirect any motion pursuant to this section to the court of competent jurisdiction under Section 4251 of the Family Code for change of venue in those actions and proceedings subject to Division 17 (commencing with Section 17000) of the Family Code. The decision on any motion redirected pursuant to the preceding sentence shall apply only to the action or proceeding under Division 17 (commencing with Section 17000) of the Family Code and shall be at the sole discretion of the court of competent jurisdiction hearing the action or proceeding pursuant to Section 4251 of the Family Code. (Amended by Stats. 2024, Ch. 853, Sec. 18. (AB 3281) Effective January 1, 2025.)
  94. 398.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    When a court orders transfer of an action or proceeding for certain venue reasons, the case is moved to a proper court; if the parties do not agree on the destination, it goes to the nearest or most accessible proper court, or to a court designated by the defendant in some cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 398. (a) If a court orders the transfer of an action or proceeding for a cause specified in subdivisions (b), (c), and (d) of Section 397, the action or proceeding shall be transferred to a court having jurisdiction of the subject matter of the action upon agreement of the parties by stipulation in writing, or in open court and entered in the minutes or docket. If the parties do not so agree, the action or proceeding shall be transferred to the nearest or most accessible court where the like objection or cause for making the order does not exist. (b) If an action or proceeding is commenced in a court other than one designated as a proper court for the trial thereof by the provisions of this title, and the same is ordered transferred for that reason, the action or proceeding shall be transferred to a proper court upon agreement of the parties by stipulation in writing, or in open court and entered in the minutes or docket. If the parties do not so agree, the action or proceeding shall be transferred to a proper court in the county in which the action or proceeding was commenced which the defendant may designate or, if there is no proper court in that county, to a proper court, in a proper county, designated by the defendant. If the defendant does not designate the court as herein provided, or if the court orders the transfer of an action on its own motion as provided in this title, the action or proceeding shall be transferred to the proper court as determined by the court in which the action or proceeding is pending. (c) The designation of the court by the defendant as provided for in subdivision (b), may be made in the notice of motion for change of venue or in open court and entered in the minutes or docket at the time the order for transfer is made. (Amended by Stats. 2015, Ch. 303, Sec. 39. (AB 731) Effective January 1, 2016.)
  95. 399.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    This section governs what happens after a case is transferred: the clerk must send the case papers and notices, and payment of transfer costs can be required before the transfer is completed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 399. (a) If an order is made transferring an action or proceeding under any provision of this title, the clerk shall, after expiration of the time within which a petition for writ of mandate could have been filed pursuant to Section 400, or if a writ petition is filed after judgment denying the writ becomes final, and upon payment of the costs and fees, transmit the pleadings and papers of the action or proceeding, or, if the pleadings are oral, a transcript of the pleadings, to the clerk of the court to which the action or proceeding is transferred. If the transfer is sought on any ground specified in subdivision (b), (c), (d), or (e) of Section 397 or in Section 397.5, the costs and fees of the transfer, and of filing the papers in the court to which the transfer is ordered, shall be paid at the time the notice of motion is filed by the party making the motion for the transfer. If the transfer is sought solely, or is ordered, because the action or proceeding was commenced in a court other than that designated as proper by this title, those costs and fees, including any expenses and attorney’s fees awarded to the defendant pursuant to Section 396b, shall be paid by the plaintiff before the transfer is made. If the defendant has paid those costs and fees at the time of filing a notice of motion, those costs and fees shall be repaid to the defendant, upon the making of the transfer order. If those costs and fees have not been paid by the plaintiff within five days after service of notice of the transfer order, any other party interested in the action or proceeding, whether named in the complaint as a party or not, may pay those costs and fees, and the clerk shall transmit the papers and pleadings of the action or proceeding as if those costs and fees had been originally paid by the plaintiff, and those costs and fees shall be a proper item of costs of the party paying them, recoverable by that party if that party prevails in the action. Otherwise, those costs and fees shall be offset against and deducted from the amount, if any, awarded to the plaintiff if the plaintiff prevails against that party in the action. The cause of action shall not be further prosecuted in any court until those costs and fees are paid. If those costs and fees are not paid within 30 days after service of notice of the transfer order, if a copy of a petition for writ of mandate pursuant to Section 400 is filed in the trial court, or if an appeal is taken pursuant to Section 904.2, then, within 30 days after notice of finality of the order of transfer, the court on a duly noticed motion by any party may dismiss the action without prejudice to the cause on the condition that no other action on the cause may be commenced in another court before satisfaction of the court’s order for costs and fees. If a petition for writ of mandate or appeal does not result in a stay of proceedings, the time for payment of those costs and fees shall be 60 days after service of the notice of the order. (b) At the time of transmittal of the papers and pleadings, the clerk shall mail notice to all parties who have appeared in the action or special proceeding, stating the date on which the transmittal occurred. Promptly upon receipt of the papers and pleadings, the clerk of the court to which the action or proceeding is transferred shall mail notice to all parties who have appeared in the action or special proceeding, stating the date of the filing of the case and number assigned to the case in the court. (c) The court to which an action or proceeding is transferred under this title shall have and exercise over the action or proceeding the like jurisdiction as if it had been originally commenced in that court, all prior proceedings being saved, and the court may require amendment of the pleadings, the filing and service of amended, additional, or supplemental pleadings, and the giving of notice, as may be necessary for the proper presentation and determination of the action or proceeding in the court. (d) Notwithstanding subdivision (c), the court transferring jurisdiction of a family law action or proceeding pursuant to Section 397, 397.5, or 398 shall, if another court has not assumed jurisdiction over the action or proceeding, retain jurisdiction to make orders designed to prevent: (1) Immediate danger or irreparable harm to a party or to the children involved in the matter. (2) Immediate loss or damage to property subject to disposition in the matter. (e) By January 1, 2019, the Judicial Council shall, by rule of court, establish: (1) The timeframe for a court to transfer jurisdiction over a family law action or proceeding. (2) The timeframe for a court to assume jurisdiction over a family law action or proceeding. (Amended by Stats. 2024, Ch. 853, Sec. 19. (AB 3281) Effective January 1, 2025.)
  96. 4.

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

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    This section says the Code and its proceedings must be read broadly, not narrowly.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 4. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. (Enacted 1872.)
  97. 400.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    A party aggrieved by a superior court order on changing venue may petition the court of appeal within 20 days, and the superior court may extend that time by up to 10 more days for good cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 400. When an order is made by the superior court granting or denying a motion to change the place of trial, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the district in which the court granting or denying the motion is situated for a writ of mandate requiring trial of the case in the proper court. The superior court may, for good cause, and prior to the expiration of the initial 20-day period, extend the time for one additional period not to exceed 10 days. The petitioner shall file a copy of the petition in the trial court immediately after the petition is filed in the court of appeal. The court of appeal may stay all proceedings in the case, pending judgment on the petition becoming final. The clerk of the court of appeal shall file with the clerk of the trial court, a copy of any final order or final judgment immediately after the order or judgment becomes final. (Amended by Stats. 1999, Ch. 344, Sec. 10. Effective September 7, 1999.)
  98. 401.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    If a case against the State or a state agency could be brought in Sacramento, it may instead be brought and tried in a city or city and county where the Attorney General has an office. If the State or a state agency brings a case in Sacramento, defendants can move it for trial to the county or city and county nearest the defendants’ residence or principal office where the Attorney General has an office.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 401. (1) Whenever it is provided by any law of this State that an action or proceeding against the State or a department, institution, board, commission, bureau, officer or other agency thereof shall or may be commenced in, tried in, or removed to the County of Sacramento, the same may be commenced and tried in any city or city and county of this State in which the Attorney General has an office. (2) Whenever it is provided by any law of this State that the State or a department, institution, board, commission, bureau, officer or other agency thereof shall or may commence an action or proceeding in the County of Sacramento, the same, on motion of the defendants or some of them, shall be removed for trial to the county or city and county in which the Attorney General has an office nearest to the county in which the defendants or some of them reside or have their principal office in this State. (Added by Stats. 1947, Ch. 306.)
  99. 402.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    A superior court may set local filing, hearing, and trial locations, but it may not dismiss a case and the clerk may not reject filing just because the case was filed in a different location; the court may transfer the case instead.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 402. (a) Except as otherwise provided by law: (1) A superior court may specify by local rule the locations where certain types of actions or proceedings are to be filed. (2) A superior court may specify by local rule the locations where certain types of actions or proceedings are to be heard or tried. (3) A superior court may not dismiss a case, and the clerk may not reject a case for filing, because it is filed, or a person seeks to file it, in a court location other than the location specified by local rule. However, the court may transfer the case on its own motion to the proper court location. (b) A superior court may transfer an action or proceeding filed in one location to another location of the superior court. This section does not affect the authority of the presiding judge to apportion the business of the court as provided by the California Rules of Court. (Repealed and added by Stats. 2002, Ch. 806, Sec. 12. Effective January 1, 2003.)
  100. 403.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. )

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    A judge may transfer an action to the judge’s court for coordination on motion, if the motion is supported by a declaration and notice is served on all parties and pending courts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 1. Place of Trial [392 - 403] ( Heading of Chapter 1 amended by Stats. 1999, Ch. 344, Sec. 7. ) ## 403. A judge may, on motion, transfer an action or actions from another court to that judge’s court for coordination with an action involving a common question of fact or law within the meaning of Section 404. The motion shall be supported by a declaration stating facts showing that the actions meet the standards specified in Section 404.1, are not complex as defined by the Judicial Council and that the moving party has made a good faith effort to obtain agreement to the transfer from all parties to each action. Notice of the motion shall be served on all parties to each action and on each court in which an action is pending. Any party to that action may file papers opposing the motion within the time permitted by rule of the Judicial Council. The court to which a case is transferred may order the cases consolidated for trial pursuant to Section 1048 without any further motion or hearing. The Judicial Council may adopt rules to implement this section, including rules prescribing procedures for preventing duplicative or conflicting transfer orders issued by different courts. (Amended by Stats. 2002, Ch. 784, Sec. 55. Effective January 1, 2003.)
  101. 403.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    This chapter does not change the law on when a plaintiff, cross-complainant, or petitioner may file an amended complaint or other amended initial pleading, or when such an amendment relates back to the original filing date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.010. Nothing in this chapter expands or limits the law on whether a plaintiff, cross-complainant, or petitioner may file an amended complaint or other amended initial pleading. Nothing in this chapter expands or limits the law on whether, and to what extent, an amendment relates back to the date of filing the original complaint or other initial pleading. (Amended by Stats. 2002, Ch. 784, Sec. 56. Effective January 1, 2003.)
  102. 403.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    When certain pleadings change a case from limited to unlimited jurisdiction, the filing party must pay the reclassification fee and the clerk must promptly reclassify the case. When the change is from unlimited to limited, no fee is required, but the clerk must still promptly reclassify the case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.020. (a) If a plaintiff, cross-complainant, or petitioner files an amended complaint or other amended initial pleading that changes the jurisdictional classification from limited to unlimited, the party at the time of filing the pleading shall pay the reclassification fee provided in Section 403.060, and the clerk shall promptly reclassify the case. If the amendment changes the jurisdictional classification from unlimited to limited, no reclassification fee is required, and the clerk shall promptly reclassify the case. (b) For purposes of this chapter, an amendment to an initial pleading shall be treated in the same manner as an amended initial pleading. (Amended by Stats. 2001, Ch. 824, Sec. 2. Effective January 1, 2002.)
  103. 403.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    If a limited civil case is reclassified because of a cross-complaint, the filing party must label the cross-complaint accordingly, pay the reclassification fee at filing, and the clerk must promptly reclassify the case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.030. If a party in a limited civil case files a cross-complaint that causes the action or proceeding to exceed the maximum amount in controversy for a limited civil case or otherwise fail to satisfy the requirements for a limited civil case as prescribed by Section 85, the caption of the cross-complaint shall state that the action or proceeding is a limited civil case to be reclassified by cross-complaint, or words to that effect. The party at the time of filing the cross-complaint shall pay the reclassification fees provided in Section 403.060, and the clerk shall promptly reclassify the case. (Amended by Stats. 2001, Ch. 824, Sec. 3. Effective January 1, 2002.)
  104. 403.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    This section lets parties ask for reclassification of a case, lets the court do it on its own, and sets fee and timing rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.040. (a) The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own motion, may reclassify a case at any time. A motion for reclassification does not extend the moving party’s time to amend or answer or otherwise respond. The court shall grant the motion and enter an order for reclassification, regardless of any fault or lack of fault, if the case has been classified in an incorrect jurisdictional classification. (b) If a party files a motion for reclassification after the time for that party to amend that party’s initial pleading or to respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order for reclassification only if both of the following conditions are satisfied: (1) The case is incorrectly classified. (2) The moving party shows good cause for not seeking reclassification earlier. (c) If the court grants a motion for reclassification, the payment of the reclassification fee shall be determined, unless the court orders otherwise, as follows: (1) If a case is reclassified as an unlimited civil case, the party whose pleading causes the action or proceeding to exceed the maximum amount in controversy for a limited civil case or otherwise fails to satisfy the requirements of a limited civil case under Section 85 shall pay the reclassification fee provided in Section 403.060. (2) If a case is reclassified as a limited civil case, no reclassification fee is required. (d) If the court grants an order for reclassification of an action or proceeding pursuant to this section, the reclassification shall proceed as follows: (1) If the required reclassification fee is paid pursuant to Section 403.060 or no reclassification fee is required, the clerk shall promptly reclassify the case. (2) An action that has been reclassified pursuant to this section shall not be further prosecuted in any court until the required reclassification fee is paid. If the required reclassification fee has not been paid within five days after service of notice of the order for reclassification, any party interested in the case, regardless of whether that party is named in the complaint, may pay the fee, and the clerk shall promptly reclassify the case as if the fee had been paid as provided in Section 403.060. The fee shall then be a proper item of costs of the party paying it, recoverable if that party prevails in the action or proceeding. Otherwise, the fee shall be offset against and deducted from the amount, if any, awarded to the party responsible for the fee, if that party prevails in the action or proceeding. (3) If the fee is not paid within 30 days after service of notice of an order of reclassification, the court on its own motion or the motion of any party may order the case to proceed as a limited civil case, dismiss the action or cross-action without prejudice on the condition that no other action or proceeding on the same matters may be commenced in any other court until the reclassification fee is paid, or take such other action as the court may deem appropriate. (e) Nothing in this section shall be construed to require the superior court to reclassify an action or proceeding because the judgment to be rendered, as determined at the trial or hearing, is one that might have been rendered in a limited civil case. (f) In any case where the misclassification is due solely to an excess in the amount of the demand, the excess may be remitted and the action may continue as a limited civil case. (Amended by Stats. 2001, Ch. 824, Sec. 4. Effective January 1, 2002.)
  105. 403.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    The parties may agree to reclassify a case within the time to respond to the initial pleading. If the change moves the case from limited to unlimited, the reclassification fee must be paid when the stipulation is filed, and the clerk must then promptly reclassify the case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.050. (a) The parties to the action or proceeding may stipulate to reclassification of the case within the time allowed to respond to the initial pleading. (b) If the stipulation for reclassification changes the jurisdictional classification of the case from limited to unlimited, the reclassification fee provided in Section 403.060 shall be paid at the time the stipulation is filed. (c) Upon filing of the stipulation and, if required under subdivision (b), the payment of the reclassification fee provided in Section 403.060, the clerk shall promptly reclassify the case. (Repealed and added by Stats. 2001, Ch. 824, Sec. 6. Effective January 1, 2002.)
  106. 403.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    This section sets fee rules for reclassifying a civil case between limited and unlimited status, and requires the clerk not to reclassify if the required fee is unpaid.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.060. (a) For reclassification of a case from a limited civil case to an unlimited civil case, a fee shall be charged as provided in Section 70619 of the Government Code. This reclassification fee shall be in addition to any other fee due for that appearance or filing in a limited civil case. No additional amounts shall be charged for appearance or filing fees paid prior to reclassification. After reclassification, the fees ordinarily charged in an unlimited case shall be charged. (b) If a reclassification fee is required and is not paid at the time an amended complaint or other initial pleading, a cross-complaint, or a stipulation for reclassification is filed under Section 403.020, 403.030, or 403.050, the clerk shall not reclassify the case and the case shall remain and proceed as a limited civil case. (c) No fee shall be charged for reclassification of a case from an unlimited civil case to a limited civil case. The fees ordinarily required for filing or appearing in a limited civil case shall be charged at the time of filing a pleading that reclassifies the case. Parties are not entitled to a refund of the difference between any fees previously paid for appearance or filing in an unlimited civil case and the fees due in a limited civil case. After reclassification, the fees ordinarily charged in a limited civil case shall be charged. (Amended by Stats. 2005, Ch. 75, Sec. 29. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  107. 403.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    If an action or proceeding is reclassified, it is treated as having started when the complaint or petition was first filed. The court keeps the same authority and may order needed amendments or notices.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.070. (a) An action or proceeding that is reclassified shall be deemed to have been commenced at the time the complaint or petition was initially filed, not at the time of reclassification. (b) The court shall have and exercise over the reclassified action or proceeding the same authority as if the action or proceeding had been originally commenced as reclassified, all prior proceedings being saved. The court may allow or require whatever amendment of the pleadings, filing and service of amended, additional, or supplemental pleadings, or giving of notice, or other appropriate action, as may be necessary for the proper presentation and determination of the action or proceeding as reclassified. (Added by Stats. 1999, Ch. 344, Sec. 11. Effective September 7, 1999.)
  108. 403.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    A party aggrieved by a superior court reclassification order may petition the court of appeal within 20 days after written notice, and the superior court may add up to 10 more days for good cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.080. When an order is made by the superior court granting or denying a motion to reclassify an action or proceeding pursuant to Section 403.040, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the district in which the court granting or denying the motion is situated for a writ of mandate requiring proper classification of the action or proceeding pursuant to Section 403.040. The superior court may, for good cause, and prior to the expiration of the initial 20-day period, extend the time for one additional period not to exceed 10 days. The petitioner shall file a copy of the petition in the superior court immediately after the petition is filed in the court of appeal. The court of appeal may stay all proceedings in the case, pending judgment on the petition becoming final. The clerk of the court of appeal shall file with the clerk of the superior court, a copy of any final order or final judgment immediately after the order or judgment becomes final. (Added by Stats. 1999, Ch. 344, Sec. 11. Effective September 7, 1999.)
  109. 403.090.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. )

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    The Judicial Council may adopt rules for reclassifying civil actions and proceedings, as long as the rules do not conflict with statute.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 2. Reclassification of Civil Actions and Proceedings [403.010 - 403.090] ( Chapter 2 added by Stats. 1999, Ch. 344, Sec. 11. ) ## 403.090. The Judicial Council may prescribe rules, not inconsistent with statute, governing the procedure for reclassification of civil actions and proceedings. (Added by Stats. 1999, Ch. 344, Sec. 11. Effective September 7, 1999.)
  110. 404.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    A petition for coordination may be filed by specified judges or parties, but it must be supported by a declaration showing the actions are complex and meet Section 404.1 standards.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404. When civil actions sharing a common question of fact or law are pending in different courts, a petition for coordination may be submitted to the Chairperson of the Judicial Council, by the presiding judge of any such court, or by any party to one of the actions after obtaining permission from the presiding judge, or by all of the parties plaintiff or defendant in any such action. A petition for coordination, or a motion for permission to submit a petition, shall be supported by a declaration stating facts showing that the actions are complex, as defined by the Judicial Council and that the actions meet the standards specified in Section 404.1. On receipt of a petition for coordination, the Chairperson of the Judicial Council may assign a judge to determine whether the actions are complex, and if so, whether coordination of the actions is appropriate, or the Chairperson of the Judicial Council may authorize the presiding judge of a court to assign the matter to judicial officers of the court to make the determination in the same manner as assignments are made in other civil cases. (Amended by Stats. 2002, Ch. 784, Sec. 57. Effective January 1, 2003.)
  111. 404.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    Civil actions may be coordinated when doing so would promote the ends of justice under the listed factors.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.1. Coordination of civil actions sharing a common question of fact or law is appropriate if one judge hearing all of the actions for all purposes in a selected site or sites will promote the ends of justice taking into account whether the common question of fact or law is predominating and significant to the litigation; the convenience of parties, witnesses, and counsel; the relative development of the actions and the work product of counsel; the efficient utilization of judicial facilities and manpower; the calendar of the courts; the disadvantages of duplicative and inconsistent rulings, orders, or judgments; and, the likelihood of settlement of the actions without further litigation should coordination be denied. (Added by Stats. 1972, Ch. 1162.)
  112. 404.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    If coordination is appropriate, a judge assigned under Section 404 must select the reviewing court with appellate jurisdiction when more than one reviewing court could hear the coordinated actions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.2. A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall select the reviewing court having appellate jurisdiction if the actions to be coordinated are within the jurisdiction of more than one reviewing court. The assigned judge shall select the reviewing court which will promote the ends of justice as determined under the standards specified in Section 404.1. (Amended by Stats. 1996, Ch. 713, Sec. 4. Effective September 23, 1996.)
  113. 404.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    If an assigned judge decides coordination is appropriate, the judge must order the actions coordinated and report that decision to the Chairperson of the Judicial Council.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.3. A judge assigned pursuant to Section 404 who determines that coordination is appropriate shall order the actions coordinated, report that fact to the Chairperson of the Judicial Council, and the Chairperson of the Judicial Council shall either assign a judge to hear and determine the actions in the site or sites the assigned judge finds appropriate or authorize the presiding judge of a court to assign the matter to judicial officers of the court in the same manner as assignments are made in other civil cases. (Amended by Stats. 2002, Ch. 784, Sec. 58. Effective January 1, 2003.)
  114. 404.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    A presiding judge may ask the judge assigned to the coordinated actions to issue an order coordinating a pending action if it shares a common question of fact or law with coordinated actions under Section 404, and the request must be supported by the required affidavit evidence.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.4. The presiding judge of any court in which there is pending an action sharing a common question of fact or law with actions coordinated pursuant to Section 404, on the court’s own motion or the motion of any party supported by an affidavit stating facts showing that the action meets the standards specified in Section 404.1, or all the parties plaintiff or defendant in any such action, supported by an affidavit stating facts showing that the action meets the standards specified in Section 404.1, may request the judge assigned to hear the coordinated actions for an order coordinating the action. Coordination of the action shall be determined under the standards specified in Section 404.1. (Amended by Stats. 1996, Ch. 713, Sec. 6. Effective September 23, 1996.)
  115. 404.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    While deciding whether coordination is appropriate, the judge may stay an action involved in that coordination decision.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.5. Pending any determination of whether coordination is appropriate, the judge making that determination may stay any action being considered for, or affecting an action being considered for, coordination. (Added by Stats. 1972, Ch. 1162.)
  116. 404.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    A party may petition the appropriate reviewing court for a writ of mandate within 20 days after service of a written notice of entry of the court’s order. The superior court may extend that time once, for good cause, by up to 10 more days before the original deadline expires.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.6. Within 20 days after service upon him or her of a written notice of entry of an order of the court under this chapter, any party may petition the appropriate reviewing court for a writ of mandate to require the court to make such order as the reviewing court finds appropriate. The superior court may, for good cause, and prior to the expiration of the initial 20-day period, extend the time for one additional period not to exceed 10 days. (Amended by Stats. 1989, Ch. 1416, Sec. 13.)
  117. 404.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    The Judicial Council must set by rule the practice and procedure for coordinating civil actions in convenient courts, including notice and evidence procedures.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.7. Notwithstanding any other provision of law, the Judicial Council shall provide by rule the practice and procedure for coordination of civil actions in convenient courts, including provision for giving notice and presenting evidence. (Added by Stats. 1972, Ch. 1162.)
  118. 404.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    The state must pay or reimburse certain expenses for coordinated cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.8. Expenses of the assigned judge, other necessary judicial officers and employees, and facilities for cases coordinated under Section 404 shall be paid or reimbursed by the state from funds appropriated to the Judicial Council. (Amended by Stats. 1996, Ch. 713, Sec. 7. Effective September 23, 1996.)
  119. 404.9.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. )

    Verify source ↗

    The presiding judge may delegate duties specified in this chapter to another judge of the court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS [392 - 404.9] ( Heading of Title 4 amended by Stats. 1999, Ch. 344, Sec. 6. ) ## CHAPTER 3. Coordination [404 - 404.9] ( Heading of Chapter 3 renumbered from Chapter 2 by Stats. 1999, Ch. 344, Sec. 12. ) ## 404.9. Any duties of the presiding judge specified in this chapter may be delegated by the presiding judge to another judge of the court. (Amended by Stats. 2002, Ch. 784, Sec. 59. Effective January 1, 2003.)
  120. 405.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    The definitions in this chapter control how this title is interpreted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405. The definitions in this chapter govern the construction of this title. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  121. 405.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    This section defines “claimant” as a party to an action that asserts a real property claim and records a notice of the action’s pendency.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.1. “Claimant” means a party to an action who asserts a real property claim and records a notice of the pendency of the action. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  122. 405.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    This section defines “notice of pendency of action” or “notice” as a notice of a lawsuit that alleges a real property claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.2. “Notice of pendency of action” or “notice” means a notice of the pendency of an action in which a real property claim is alleged. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  123. 405.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    A party asserting a real property claim may record a notice of pendency of action, and the notice must include all parties’ names and a description of the affected property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.20. A party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim is alleged. The notice may be recorded in the office of the recorder of each county in which all or part of the real property is situated. The notice shall contain the names of all parties to the action and a description of the property affected by the action. (Amended by Stats. 2004, Ch. 227, Sec. 10. Effective August 16, 2004.)
  124. 405.21.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    An attorney may sign a notice of pendency of action, and a judge may approve one in a pending real property case on request. The notice cannot be recorded unless it is signed by the attorney, signed by a self-represented party and judge-approved, or the action is subject to Section 405.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.21. An attorney of record in an action may sign a notice of pendency of action. Alternatively, a judge of the court in which an action that includes a real property claim is pending may, upon request of a party thereto, approve a notice of pendency of action. A notice of pendency of action shall not be recorded unless (a) it has been signed by the attorney of record, (b) it is signed by a party acting in propria persona and approved by a judge as provided in this section, or (c) the action is subject to Section 405.6. (Amended by Stats. 1994, Ch. 146, Sec. 20. Effective January 1, 1995.)
  125. 405.22.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    Before recording the notice, the claimant must mail it to known adverse parties and owners of record, unless Section 405.6 applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.22. Except in actions subject to Section 405.6, the claimant shall, prior to recordation of the notice, cause a copy of the notice to be mailed, by registered or certified mail, return receipt requested, to all known addresses of the parties to whom the real property claim is adverse and to all owners of record of the real property affected by the real property claim as shown by the latest county assessment roll. If there is no known address for service on an adverse party or owner, then as to that party or owner a declaration under penalty of perjury to that effect may be recorded instead of the proof of service required above, and the service on that party or owner shall not be required. Immediately following recordation, a copy of the notice shall also be filed with the court in which the action is pending. Service shall also be made immediately and in the same manner upon each adverse party later joined in the action. (Amended by Stats. 2004, Ch. 227, Sec. 11. Effective August 16, 2004.)
  126. 405.23.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    A notice of pendency of action is void and invalid against an adverse party or record owner unless Section 405.22 is satisfied for that person and the required proof of service has been recorded.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.23. Any notice of pendency of action shall be void and invalid as to any adverse party or owner of record unless the requirements of Section 405.22 are met for that party or owner and a proof of service in the form and content specified in Section 1013a has been recorded with the notice of pendency of action. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  127. 405.24.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    Recording a notice of pendency gives constructive notice to later purchasers, encumbrancers, or transferees of the described real property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 2. Recordation Service and Filing [405.20 - 405.24] ( Chapter 2 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.24. From the time of recording the notice of pendency of action, a purchaser, encumbrancer, or other transferee of the real property described in the notice shall be deemed to have constructive notice of the pendency of the noticed action as it relates to the real property and only of its pendency against parties not fictitiously named. The rights and interest of the claimant in the property, as ultimately determined in the pending noticed action, shall relate back to the date of the recording of the notice. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  128. 405.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    This section defines “probable validity” for a real property claim as meaning it is more likely than not that the claimant will win a judgment against the defendant on the claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.3. “Probable validity,” with respect to a real property claim, means that it is more likely than not that the claimant will obtain a judgment against the defendant on the claim. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  129. 405.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    After a notice of pendency is recorded, a party or interested nonparty may ask the court to expunge it; a nonparty must first get leave to intervene.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.30. At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice. Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  130. 405.31.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    If the court finds the notice is based on a pleading that does not contain a real property claim, the court must expunge the notice and may not require an undertaking as a condition.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.31. In proceedings under this chapter, the court shall order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice where the court finds the pleading does not contain a real property claim. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  131. 405.32.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    If the claimant fails to prove the probable validity of the real property claim by a preponderance of the evidence, the court must expunge the notice and may not require an undertaking as a condition of expungement.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.32. In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice if the court finds the claimant has not established the probable validity of the real property claim. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  132. 405.33.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    The court must expunge the notice if the real property claim appears probably valid and an undertaking can give the claimant adequate relief.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.33. In proceedings under this chapter, the court shall order that the notice be expunged if the court finds that the real property claim has probable validity, but adequate relief can be secured to the claimant by the giving of an undertaking. The expungement order shall be conditioned upon the giving of the undertaking of such nature and in such amount as will indemnify the claimant for all damages proximately resulting from the expungement which the claimant may incur if the claimant prevails upon the real property claim. In its order conditionally expunging the notice, the court shall set a return date for the moving party to show fulfillment of the condition, and if the moving party fails to show fulfillment of the condition on the return day, the court shall deny the motion to expunge without further notice or hearing. Recovery may be had on the undertaking pursuant to Section 996.440. For purposes only of determining under this section whether the giving of an undertaking will secure adequate relief to the claimant, the presumption of Section 3387 of the Civil Code that real property is unique shall not apply, except in the case of real property improved with a single-family dwelling which the claimant intends to occupy. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  133. 405.34.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    The court may require an undertaking to keep a recorded notice of pendency of action in place, and it must set a return date for compliance; if the claimant does not comply, the notice must be expunged.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.34. Subject to the provisions of Sections 405.31 and 405.32, at any time after a notice of pendency of action has been recorded, and regardless of whether a motion to expunge has been filed, the court may, upon motion by any person with an interest in the property, require the claimant to give the moving party an undertaking as a condition of maintaining the notice in the record title. However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the person moves to require an undertaking. The court may permit evidence to be received in the form of oral testimony and may make any orders it deems just to provide for discovery by any affected party. An undertaking required pursuant to this section shall be of such nature and in such amount as the court may determine to be just. In its order requiring an undertaking, the court shall set a return date for the claimant to show compliance and if the claimant fails to show compliance on the return date, the court shall order the notice of pendency of action expunged without further notice or hearing. Recovery on an undertaking required pursuant to this section may be had in an amount not to exceed the undertaking, pursuant to Section 996.440, upon a showing (a) that the claimant did not prevail on the real property claim and (b) that the person seeking recovery suffered damages as a result of the maintenance of the notice. In assessing these damages, the court shall not consider the claimant’s intent or the presence or absence of probable cause. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  134. 405.35.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    An expungement order is not effective or recordable until the deadline to file a writ petition has passed, and if a timely petition is filed, it stays ineffective and unrecordable until that petition proceeding is finally decided.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.35. No order expunging a notice of pendency of action shall be effective, nor shall it be recorded in the office of any county recorder, until the time within which a petition for writ of mandate may be filed pursuant to Section 405.39 has expired. No order expunging a notice of pendency of action shall be effective, nor shall it be recorded in the office of any county recorder, after a petition for writ of mandate has been timely filed pursuant to Section 405.39, until the proceeding commenced by the petition is finally adjudicated. This section imposes no duty on the county recorder to determine whether the requirements of this section or of any order expunging a notice of pendency of action have been met. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  135. 405.36.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    After a notice of pending action has been expunged, the claimant may not record another one against the affected property unless the court allows it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.36. Once a notice of pending action has been expunged, the claimant may not record another notice of pending action as to the affected property without leave of the court in which the action is pending. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  136. 405.37.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    The court may, after notice and hearing and for good cause, exonerate or modify an undertaking, and it may make its order conditional on a new undertaking.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.37. After notice and hearing, for good cause and upon such terms as are just, the court may exonerate or modify any undertaking required by an order issued pursuant to Section 405.33 or 405.34 or pursuant to a stipulation made in lieu of such an order. An order of the court under this section may be made conditional upon the giving of a new undertaking under Section 405.33 or 405.34. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  137. 405.38.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    The court must award reasonable attorney’s fees and costs to the party that wins a motion under this chapter, unless an exception applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.38. The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney’s fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney’s fees and costs unjust. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  138. 405.39.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. )

    Verify source ↗

    Court orders under this chapter are not appealable. An aggrieved party may seek review by petition for writ of mandate, and the petition must be filed and served within 20 days after written notice of the order, subject to a possible 10-day court extension.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 3. Expungement and Other Relief [405.30 - 405.39] ( Heading of Chapter 3 redesignated from Article 3 by Stats. 1994, Ch. 146, Sec. 21. ) ## 405.39. No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under this chapter may petition the proper reviewing court to review the order by writ of mandate. The petition for writ of mandate shall be filed and served within 20 days of service of written notice of the order by the court or any party. The court which issued the order may, within the initial 20-day period, extend the initial 20-day period for one additional period not to exceed 10 days. A copy of the petition for writ of mandate shall be delivered to the clerk of the court which issued the order with a request that it be placed in the court file. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  139. 405.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    This section defines “real property claim.”

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.4. “Real property claim” means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  140. 405.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    This title applies to actions pending in any United States District Court the same way it applies to actions pending in the courts of this state.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.5. This title applies to an action pending in any United States District Court in the same manner that it applies to an action pending in the courts of this state. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  141. 405.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 4. Withdrawal [405.50- 405.50.] ( Heading of Chapter 4 redesignated from Article 4 by Stats. 1994, Ch. 146, Sec. 22. )

    Verify source ↗

    A recorded notice of pendency of action may be withdrawn by filing a notice of withdrawal with the recorder, if it is executed by the party who filed the original notice or that party’s successor in interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 4. Withdrawal [405.50- 405.50.] ( Heading of Chapter 4 redesignated from Article 4 by Stats. 1994, Ch. 146, Sec. 22. ) ## 405.50. At any time after notice of pendency of an action has been recorded pursuant to this title or other law, the notice may be withdrawn by recording in the office of the recorder in which the notice of pendency was recorded a notice of withdrawal executed by the party who recorded the notice of pendency of action or by the party’s successor in interest. The notice of withdrawal shall be acknowledged. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  142. 405.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    For a public agency’s eminent domain action, notice of pendency issuance, service, and recordation are governed by Section 1250.150 and are not subject to Chapter 2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.6. In an action by a public agency in eminent domain pursuant to Title 7 (commencing with Section 1230.010) of Part 3, the issuance, service, and recordation of a notice of pendency of action shall be governed by Section 1250.150 and shall not be subject to Chapter 2 (commencing with Section 405.20). (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  143. 405.60.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 5. Effect of Withdrawal or Expungement of Notice [405.60 - 405.61] ( Heading of Chapter 5 redesignated from Article 5 by Stats. 1994, Ch. 146, Sec. 23. )

    Verify source ↗

    After a notice of pendency of action is withdrawn or expunged, it no longer gives notice or creates a duty of inquiry for later dealings with the affected property, until a certified copy of the judgment or decree is recorded.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 5. Effect of Withdrawal or Expungement of Notice [405.60 - 405.61] ( Heading of Chapter 5 redesignated from Article 5 by Stats. 1994, Ch. 146, Sec. 23. ) ## 405.60. Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of pendency of action pursuant to this title, neither the notice nor any information derived from it, prior to the recording of a certified copy of the judgment or decree issued in the action, shall constitute actual or constructive notice of any of the matters contained, claimed, alleged, or contended therein, or of any of the matters related to the action, or create a duty of inquiry in any person thereafter dealing with the affected property. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  144. 405.61.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 5. Effect of Withdrawal or Expungement of Notice [405.60 - 405.61] ( Heading of Chapter 5 redesignated from Article 5 by Stats. 1994, Ch. 146, Sec. 23. )

    Verify source ↗

    After withdrawal or expungement of a notice of pendency, most persons are treated as not having actual knowledge of the action or related matters, with a narrow exception for certain parties and later purchasers or encumbrancers.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 5. Effect of Withdrawal or Expungement of Notice [405.60 - 405.61] ( Heading of Chapter 5 redesignated from Article 5 by Stats. 1994, Ch. 146, Sec. 23. ) ## 405.61. Upon the withdrawal of a notice of pendency of action pursuant to Section 405.50 or upon recordation of a certified copy of an order expunging a notice of pendency of action pursuant to this title, no person except a nonfictitious party to the action at the time of recording of the notice of withdrawal or order, who thereafter becomes, by conveyance recorded prior to the recording of a certified copy of the judgment or decree issued in the action, a purchaser, transferee, mortgagee, or other encumbrancer for a valuable consideration of any interest in the real property subject to the action, shall be deemed to have actual knowledge of the action or any of the matters contained, claimed, or alleged therein, or of any of the matters related to the action, irrespective of whether that person possessed actual knowledge of the action or matter and irrespective of when or how the knowledge was obtained. It is the intent of the Legislature that this section shall provide for the absolute and complete free transferability of real property after the expungement or withdrawal of a notice of pendency of action. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  145. 405.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    When a public agency sues to declare a building uninhabitable, it must record a notice of the pending action with the county recorder when it files the complaint.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.7. Whenever an action is commenced to declare a building uninhabitable, the plaintiff public agency, at the time of filing the complaint, shall record in the office of the recorder of the county in which the building is situated, a notice of the pendency of the action, containing the names of the parties and a description of the real property upon which the building affected by the action is situated. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  146. 405.8.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. )

    Verify source ↗

    Any party may seek attachment, injunction, or other relief, including expungement of a notice of pending action, in connection with a real property claim.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 4.5. RECORDING NOTICE OF CERTAIN ACTIONS [405 - 405.61] ( Title 4.5 repealed and added by Stats. 1992, Ch. 883, Sec. 2. ) ## CHAPTER 1. Definitions and General Provisions [405 - 405.8] ( Chapter 1 added by Stats. 1992, Ch. 883, Sec. 2. ) ## 405.8. Nothing in this title precludes any party from seeking an attachment, injunction, or other relief in connection with a real property claim or the expungement of a notice of pending action. (Added by Stats. 1992, Ch. 883, Sec. 2. Effective January 1, 1993.)
  147. 41.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    The Supreme Court and the courts of appeal may transact business at any 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 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 41. The Supreme Court and the courts of appeal may transact business at any time. (Added by renumbering Section 61.4 by Stats. 1967, Ch. 17.)
  148. 410.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 1. Jurisdiction [410.10- 410.10.] ( Article 1 added by Stats. 1969, Ch. 1610. )

    Verify source ↗

    A court of this state may exercise jurisdiction on any basis that is not inconsistent with the California or U.S. Constitution.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 1. Jurisdiction [410.10- 410.10.] ( Article 1 added by Stats. 1969, Ch. 1610. ) ## 410.10. A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States. (Added by Stats. 1969, Ch. 1610.)
  149. 410.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 2. Forum [410.30 - 410.42] ( Heading of Article 2 amended by Stats. 1992, Ch. 615, Sec. 4. )

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    A court may stay or dismiss an action, in whole or in part, if it finds the case should be heard in a forum outside this state; Section 418.10 does not apply to such a motion by a defendant who has made a general appearance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 2. Forum [410.30 - 410.42] ( Heading of Article 2 amended by Stats. 1992, Ch. 615, Sec. 4. ) ## 410.30. (a) When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (b) The provisions of Section 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a general appearance. (Amended by Stats. 1972, Ch. 601. Note: This version was suspended from Sept. 22, 1986, until Jan. 1, 1992, during operation of the temporary amendment by Stats. 1986, Ch. 968.)
  150. 410.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 2. Forum [410.30 - 410.42] ( Heading of Article 2 amended by Stats. 1992, Ch. 615, Sec. 4. )

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    Any person may sue a foreign corporation or nonresident person in California court if the dispute relates to a qualifying California-law contract over $1,000,000 and the defendant agreed to California jurisdiction.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 2. Forum [410.30 - 410.42] ( Heading of Article 2 amended by Stats. 1992, Ch. 615, Sec. 4. ) ## 410.40. Any person may maintain an action or proceeding in a court of this state against a foreign corporation or nonresident person where the action or proceeding arises out of or relates to any contract, agreement, or undertaking for which a choice of California law has been made in whole or in part by the parties thereto and which (a) is a contract, agreement, or undertaking, contingent or otherwise, relating to a transaction involving in the aggregate not less than one million dollars ($1,000,000), and (b) contains a provision or provisions under which the foreign corporation or nonresident agrees to submit to the jurisdiction of the courts of this state. This section applies to contracts, agreements, and undertakings entered into before, on, or after its effective date; it shall be fully retroactive. Contracts, agreements, and undertakings selecting California law entered into before the effective date of this section shall be valid, enforceable, and effective as if this section had been in effect on the date they were entered into; and actions and proceedings commencing in a court of this state before the effective date of this section may be maintained as if this section were in effect on the date they were commenced. (Added by Stats. 1992, Ch. 615, Sec. 5. Effective January 1, 1993.)
  151. 410.42.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 2. Forum [410.30 - 410.42] ( Heading of Article 2 amended by Stats. 1992, Ch. 615, Sec. 4. )

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    Certain contract terms in covered California construction contracts are void and unenforceable if they require disputes to be handled outside California or block proceedings or judgments in California courts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 2. Forum [410.30 - 410.42] ( Heading of Article 2 amended by Stats. 1992, Ch. 615, Sec. 4. ) ## 410.42. (a) The following provisions of a contract between the contractor and a subcontractor with principal offices in this state, for the construction of a public or private work of improvement in this state, shall be void and unenforceable: (1) A provision which purports to require any dispute between the parties to be litigated, arbitrated, or otherwise determined outside this state. (2) A provision which purports to preclude a party from commencing such a proceeding or obtaining a judgment or other resolution in this state or the courts of this state. (b) For purposes of this section, “construction” means any work or services performed on, or materials provided for, a work of improvement, as defined in Section 8050 of the Civil Code, and for which a lien may be claimed pursuant to Section 8400 of the Civil Code (whether or not a lien is in fact claimed) or for which such a lien could be claimed but for Section 8160 of the Civil Code. (Amended by Stats. 2010, Ch. 697, Sec. 22. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  152. 410.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 3. Jurisdiction in Action [410.50 - 410.70] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    A court gets jurisdiction over a party when summons is served, or when the party makes a general appearance, unless another statute says otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 3. Jurisdiction in Action [410.50 - 410.70] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 410.50. (a) Except as otherwise provided by statute, the court in which an action is pending has jurisdiction over a party from the time summons is served on him as provided by Chapter 4 (commencing with Section 413.10). A general appearance by a party is equivalent to personal service of summons on such party. (b) Jurisdiction of the court over the parties and the subject matter of an action continues throughout subsequent proceedings in the action. (Added by Stats. 1969, Ch. 1610.)
  153. 410.60.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 3. Jurisdiction in Action [410.50 - 410.70] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    If a dissolved or forfeited corporation is sued, the court gets jurisdiction over its trustees and stockholders or members once summons is served on one trustee.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 3. Jurisdiction in Action [410.50 - 410.70] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 410.60. In an action against a corporation which has forfeited its charter or right to do business, or has dissolved, the court in which the action is pending has jurisdiction over all the trustees of such corporation and of its stockholders or members from the time summons is served on one of the trustees as provided by Chapter 4 (commencing with Section 413.10). (Added by Stats. 1969, Ch. 1610.)
  154. 410.70.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 3. Jurisdiction in Action [410.50 - 410.70] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    In certain contract cases with multiple liable defendants, the court may proceed against only the defendants who have been served.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 1. Jurisdiction and Forum [410.10 - 410.70] ( Heading of Chapter 1 amended by Stats. 1992, Ch. 615, Sec. 3. ) ## ARTICLE 3. Jurisdiction in Action [410.50 - 410.70] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 410.70. In an action against two or more persons who are jointly, jointly and severally, or severally liable on a contract, the court in which the action is pending has jurisdiction to proceed against such of the defendants as are served as if they were the only defendants. (Added by Stats. 1969, Ch. 1610.)
  155. 411.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. )

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    A civil action begins when a complaint is filed with the court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. ) ## 411.10. A civil action is commenced by filing a complaint with the court. (Added by Stats. 1969, Ch. 1610.)
  156. 411.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. )

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    If a filing check is returned unpaid, the clerk must notify the payer, a fee deadline applies, and the filing can be voided if payment is not made on time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. ) ## 411.20. (a) If the clerk accepts for filing a complaint or other first paper, or any subsequent filing, and payment is made by check which is later returned without payment, the clerk shall, by mail, notify the party who tendered the check that (1) the check has been returned without payment, (2) the administrative charge specified in subdivision (g) has been imposed to reimburse the court for the costs of processing the returned check and providing the notice specified in this subdivision, and (3) the party has 20 days from the date of mailing of the notice within which to pay the filing fee and the administrative charge, except as provided in subdivision (e). The notice also shall state that the administrative charge and the filing fee shall be paid in cash, by certified check, or by other means specified by the court, but not by traveler’s check or personal check. If the person who tendered the check is not a party to the action or proposed action, but only is acting on behalf of a party, the clerk shall notify not only the person who tendered the check, but also the party or that party’s attorney if the party is represented. The clerk’s certificate as to the mailing of notice pursuant to this section establishes a rebuttable presumption that the fees were not paid. This presumption is a presumption affecting the burden of producing evidence. (b) The clerk shall void the filing if the party who tendered a returned check or on whose behalf a returned check was tendered has not paid the full amount of the fee and the administrative charge by a means specified in subdivision (a) within 20 days of the date on which the notice required by subdivision (a) was mailed. Any filing voided by this section can be disposed of immediately after the 20 days have elapsed without preserving a copy in the court records, notwithstanding Section 68152 of the Government Code. (c) If an adverse party files a response to a complaint, paper or filing referred to in subdivision (a), together with a filing fee, and the original filing is voided pursuant to subdivision (b), the responsive filing is not required and shall be voided. The court shall, by mail, provide notice to the parties or their attorneys that the initial paper and the response have been voided. The responding party’s filing fee shall be refunded upon request, provided that the request for a refund is made within 20 days from the date on which the notice was mailed. Upon receipt of the request, the court shall refund the responding party’s filing fee without imposing any administrative charge. A refund under this subdivision is available if the adverse party has filed only a responsive pleading, but not if the party has also filed a cross-complaint or other first paper seeking affirmative relief for which there is a filing fee. (d) If an adverse party, or a person acting on behalf of the adverse party, tenders a check for a required filing fee that is later returned without payment, the procedures in subdivisions (a) and (b) shall apply. (e) If any trial or other hearing is scheduled to be heard prior to the expiration of the 20-day period provided for in subdivision (a), the fee shall be paid prior to the trial or hearing. Failure of the party to pay the fee prior to the trial or hearing date shall cause the court to void the filing and proceed as if it had not been filed. (f) If the clerk performs a service or issues any document for which a fee is required and payment is made by check which is later returned without payment, the court may order further proceedings suspended as to the party for whom the check was tendered. If the court so orders, the clerk shall, by mail, notify the party who tendered the check that proceedings have been suspended until the receipt of payment of the required fee and the administrative charge specified in subdivision (g), by cash cashier’s check, or other means specified by the court, but not by personal check or traveler’s check. If the person who tendered the check is not a party to the action or proposed action, but only is acting on behalf of a party, the clerk shall notify not only the person who tendered the check, but also the party or that party’s attorney if the party is represented. The clerk’s certificate as to the mailing of notice pursuant to this section establishes a rebuttable presumption that the fees were not paid. This presumption is a presumption affecting the burden of producing evidence. (g) The clerk shall impose an administrative charge for providing notice that a check submitted for a filing fee has been returned without payment and for all related administrative, clerical, and other costs incurred under this section. The administrative charge shall, in each instance, be either twenty-five dollars ($25) or a reasonable amount that does not exceed the actual cost incurred by the court, as determined by the court. The notices provided by the court under subdivisions (a) and (f) shall state the specific amount of the administrative charge that shall be paid to the court. Each administrative charge collected shall be distributed to the court that incurred the charge as described in Section 68085.1 of the Government Code. (Amended by Stats. 2005, Ch. 75, Sec. 30. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  157. 411.20.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. )

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    An electronic filing service provider may notify the clerk if filing fees stay unpaid after notice to the attorney of record, and the court may sanction the attorney if the fees are still unpaid 20 days after the clerk’s notice.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. ) ## 411.20.5. If an electronic filing is made to the clerk by an electronic filing service provider acting as the agent of the court for purposes of collecting and remitting filing fees, and fees owed to the electronic filing service provider remain unpaid for a period of five days after notice to the attorney of record, and the filing was made by the attorney of record and not a self-represented party, the electronic filing service provider may notify the clerk that fees remain unpaid despite notice to the attorney of record. The clerk may then notify the attorney of record that the attorney of record may be sanctioned by the court for nonpayment of fees. The court may sanction the attorney of record if the fees to the electronic filing service provider remain unsatisfied 20 days after notice by the clerk. (Added by Stats. 2018, Ch. 248, Sec. 1. (AB 1531) Effective January 1, 2019.)
  158. 411.21.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. )

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    If a filing fee is paid by check for less than the required amount, the clerk must accept the paper but delay issuing a summons until full payment is received.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. ) ## 411.21. (a) If a complaint or other first paper is accompanied by payment by check in an amount less than the required fee, the clerk shall accept the paper for filing, but shall not issue a summons until the court receives full payment of the required fee. The clerk shall, by mail, notify the party tendering the check that (1) the check was made out for an amount less than the required filing fee, (2) the administrative charge specified in subdivision (g) has been imposed to reimburse the court for the costs of processing the partial payment and providing the notice specified in this subdivision, and (3) the party has 20 days from the date of mailing of the notice within which to pay the remainder of the required fee and the administrative charge, except as provided in subdivision (f). If the person who tendered the check is not a party to the action or proposed action, but only is acting on behalf of a party, the clerk shall notify not only the person who tendered the check, and also the party or that party’s attorney, if the party is represented. The clerk’s certificate as to the mailing of notice pursuant to this section establishes a rebuttable presumption that the fees were not paid. This presumption is a presumption affecting the burden of producing evidence. This subdivision does not apply to an unlawful detainer action. (b) The clerk shall void the filing if the party who tendered a check in an amount less than the required filing fee or on whose behalf a check in an amount less than the required filing fee was tendered has not paid the full amount of the fee and the administrative charge by a means specified in subdivision (a) within 20 days of the date on which the notice required by subdivision (a) was mailed. Any filing voided by this section may be disposed of immediately after the 20 days have elapsed without preserving a copy in the court records notwithstanding Section 68152 of the Government Code. (c) If a check for less than the required fee was tendered, the remainder of the required fee and the administrative charge were not paid within the period specified in subdivision (a), and a refund of the partial payment has not been requested in a writing mailed or presented by the party or person who tendered the check within 20 days from the date on which the remainder of the required fee was due, the partial payment shall be remitted to the State Treasurer to be deposited in the Trial Court Trust Fund, except for the amount of the administrative charge described in subdivision (g), that shall be deducted from the partial payment and shall be distributed as described in subdivision (g) to the court which incurred the charge. If the party or person who tendered the check for partial payment requests a refund of the partial payment, in writing, within the time specified in this subdivision, the clerk shall refund the amount of the partial payment less the amount of the administrative charge imposed by that court. All partial payments that the court received before January 1, 2006, and that remain on deposit for filings that the clerk voided pursuant to this section, once three years have passed from the date that the filing was voided, shall be remitted to the State Treasurer for deposit into the Trial Court Trust Fund. (d) If an adverse party files a response to a complaint or other first paper referred to in subdivision (a), together with a filing fee, and the original filing is voided pursuant to subdivision (b), the responsive filing is not required and shall be voided. The court shall, by mail, provide notice to the parties that the initial paper and the response have been voided. The responding party’s filing fee shall be refunded upon request, provided that the request for a refund is made in writing within 20 days from the date on which the notice was mailed. Upon receipt of the request, the court shall reimburse the responding party’s filing fee without imposing any administrative charge. A refund under this subdivision is available if the adverse party has filed only a responsive pleading, but not if the party has also filed a cross-complaint or other first paper seeking affirmative relief for which there is a filing fee. (e) If an adverse party, or a person acting on behalf of the adverse party, tenders a check for a required filing fee in an amount less than the required fee, the procedures in subdivisions (a), (b), and (c) shall apply. (f) If any trial or other hearing is scheduled to be heard prior to the expiration of the 20-day period provided for in subdivision (a), the fee shall be paid prior to the trial or hearing. Failure of the party to pay the fee prior to the trial or hearing date shall cause the court to void the filing and proceed as if it had not been filed. (g) The clerk shall impose an administrative charge for providing notice that a check submitted for a filing fee is in an amount less than the required fee and for all related administrative, clerical, and other costs incurred under this section. The administrative charge shall, in each instance, be either twenty-five dollars ($25) or a reasonable amount that does not exceed the actual cost incurred by the court, as determined by the court. The notices provided by the court under subdivision (a) shall state the specific amount of the administrative charge that shall be paid to the court. Each administrative charge collected shall be distributed to the court that incurred the charge as described in Section 68085.1 of the Government Code. When a partial payment is to be remitted to the State Treasurer under subdivision (c), the court shall notify the Administrative Office of the Courts of the amount of (1) the partial payment collected, and (2) the administrative charge to be deducted from the payment and to be distributed to the court. (Amended by Stats. 2007, Ch. 738, Sec. 5. Effective January 1, 2008.)
  159. 411.35.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. )

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    In professional-negligence actions against specified architects, engineers, or land surveyors, the plaintiff’s or cross-complainant’s attorney must file and serve a certificate of merit, unless a stated exception applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 2. Commencing Civil Actions [411.10 - 411.35] ( Chapter 2 added by Stats. 1969, Ch. 1610. ) ## 411.35. (a) In every action, including a cross-complaint for damages or indemnity, arising out of the professional negligence of a person holding a valid architect’s certificate issued pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or of a person holding a valid registration as a professional engineer issued pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or a person holding a valid land surveyor’s license issued pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code on or before the date of service of the complaint or cross-complaint on any defendant or cross-defendant, the attorney for the plaintiff or cross-complainant shall file and serve the certificate specified by subdivision (b). (b) A certificate shall be executed by the attorney for the plaintiff or cross-complainant declaring one of the following: (1) That the attorney has reviewed the facts of the case, that the attorney has consulted with and received an opinion from at least one architect, professional engineer, or land surveyor who is licensed to practice and practices in this state or any other state, or who teaches at an accredited college or university and is licensed to practice in this state or any other state, in the same discipline as the defendant or cross-defendant and who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action, and that the attorney has concluded on the basis of this review and consultation that there is reasonable and meritorious cause for the filing of this action. The person consulted may not be a party to the litigation. The person consulted shall render his or her opinion that the named defendant or cross-defendant was negligent or was not negligent in the performance of the applicable professional services. (2) 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 certificate required by paragraph (1) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificate required by paragraph (1) shall be filed within 60 days after filing the complaint. (3) That the attorney was unable to obtain the consultation required by paragraph (1) because the attorney had made three separate good faith attempts with three separate architects, professional engineers, or land surveyors to obtain this consultation and none of those contacted would agree to the consultation. (c) Where a certificate is required pursuant to this section, only one certificate shall be filed, notwithstanding that multiple defendants have been named in the complaint or may be named at a later time. (d) Where the attorney intends to rely solely on the doctrine of “res ipsa loquitur,” as defined in Section 646 of the Evidence Code, or exclusively on a failure to inform of the consequences of a procedure, or both, this section shall be inapplicable. The attorney shall certify upon filing of the complaint that the attorney is solely relying on the doctrines of “res ipsa loquitur” or failure to inform of the consequences of a procedure or both, and for that reason is not filing a certificate required by this section. (e) For purposes of this section, and subject to Section 912 of the Evidence Code, an attorney who submits a certificate as required by paragraph (1) or (2) of subdivision (b) has a privilege to refuse to disclose the identity of the architect, professional engineer, or land surveyor consulted and the contents of the consultation. The privilege shall also be held by the architect, professional engineer, or land surveyor so consulted. If, however, the attorney makes a claim under paragraph (3) of subdivision (b) that he or she was unable to obtain the required consultation with the architect, professional engineer, or land surveyor, the court may require the attorney to divulge the names of architects, professional engineers, or land surveyors refusing the consultation. (f) A violation of this section may constitute unprofessional conduct and be grounds for discipline against the attorney, except that the failure to file the certificate required by paragraph (1) of subdivision (b), within 60 days after filing the complaint and certificate provided for by paragraph (2) of subdivision (b), shall not be grounds for discipline against the attorney. (g) The failure to file a certificate 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. (h) Upon the favorable conclusion of the litigation with respect to any party for whom a certificate of merit was filed or for whom a certificate of merit should have been filed pursuant to this section, the trial 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 or cross-complainant who was required by subdivision (b) to execute the certificate to reveal the name, address, and telephone number of the person or persons consulted with pursuant to subdivision (b) 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 an in-camera proceeding at which the moving party shall not be present. If the trial judge 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 another party as a result of the failure to comply with this section. (i) For purposes of this section, “action” includes a complaint or cross-complaint for equitable indemnity arising out of the rendition of professional services whether or not the complaint or cross-complaint specifically asserts or utilizes the terms “professional negligence” or “negligence.” (Amended by Stats. 1999, Ch. 176, Sec. 1. Effective January 1, 2000.)
  160. 412.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 3. Summons [412.10 - 412.30] ( Chapter 3 added by Stats. 1969, Ch. 1610. )

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    After fees are paid, the plaintiff may ask the clerk to issue summons for a defendant. The clerk must keep the original summons in the court records and give the plaintiff a copy of each summons issued.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 3. Summons [412.10 - 412.30] ( Chapter 3 added by Stats. 1969, Ch. 1610. ) ## 412.10. After payment of all applicable fees, the plaintiff may have the clerk issue one or more summons for any defendant. The clerk shall keep each original summons in the court records and provide a copy of each summons issued to the plaintiff who requested issuance of the summons. (Amended by Stats. 2005, Ch. 300, Sec. 2. Effective January 1, 2006.)
  161. 412.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 3. Summons [412.10 - 412.30] ( Chapter 3 added by Stats. 1969, Ch. 1610. )

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    This section says what a summons must include, requires the clerk to sign and issue it, and requires the defendant to file a written response within 30 days after service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 3. Summons [412.10 - 412.30] ( Chapter 3 added by Stats. 1969, Ch. 1610. ) ## 412.20. (a) Except as otherwise required by statute, a summons shall be directed to the defendant, signed by the clerk and issued under the seal of the court in which the action is pending, and it shall contain: (1) The title of the court in which the action is pending. (2) The names of the parties to the action. (3) A direction that the defendant file with the court a written pleading in response to the complaint within 30 days after summons is served on the defendant. (4) A notice that, unless the defendant so responds, their default will be entered upon application by the plaintiff, and the plaintiff may apply to the court for the relief demanded in the complaint, which could result in garnishment of wages, taking of money or property, or other relief. (5) The following statement in boldface type: “You may seek the advice of an attorney in any matter connected with the complaint or this summons. Such attorney should be consulted promptly so that your pleading may be filed or entered within the time required by this summons.” (6) The following introductory legend at the top of the summons above all other matter, in boldface type, in English and Spanish: “Notice! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read information below.” (b) Each county may, by ordinance, require that the legend contained in paragraph (6) of subdivision (a) be set forth in every summons issued out of the courts of that county in any additional foreign language, if the legend in the additional foreign language is set forth in the summons in the same manner as required in that paragraph. (c) A summons in a form approved by the Judicial Council is deemed to comply with this section. (d) For actions regarding residential property brought pursuant to Section 1161, the Judicial Council shall, by January 1, 2027, create for mandatory use a single summons form that includes the information described in paragraphs (3) to (6), inclusive, of subdivision (a) in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The Judicial Council shall publish this form on its internet website. (Amended by Stats. 2025, Ch. 344, Sec. 1. (AB 863) Effective January 1, 2026.)
  162. 412.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 3. Summons [412.10 - 412.30] ( Chapter 3 added by Stats. 1969, Ch. 1610. )

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    When serving a summons in an action against a corporation or unincorporated association, the served copy must include a specified notice; if it does not, no default may be taken.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 3. Summons [412.10 - 412.30] ( Chapter 3 added by Stats. 1969, Ch. 1610. ) ## 412.30. In an action against a corporation or an unincorporated association (including a partnership), the copy of the summons that is served shall contain a notice stating in substance: “To the person served: You are hereby served in the within action (or special proceeding) on behalf of (here state the name of the corporation or the unincorporated association) as a person upon whom a copy of the summons and of the complaint may be delivered to effect service on said party under the provisions of (here state appropriate provisions of Chapter 4 (commencing with Section 413.10) of the Code of Civil Procedure).” If service is also made on such person as an individual, the notice shall also indicate that service is being made on such person as an individual as well as on behalf of the corporation or the unincorporated association. If such notice does not appear on the copy of the summons served, no default may be taken against such corporation or unincorporated association or against such person individually, as the case may be. (Added by Stats. 1969, Ch. 1610.)
  163. 413.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 1. General [413.10 - 413.40] ( Article 1 added by Stats. 1969, Ch. 1610. )

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    A summons must be served on a person, and the method depends on where the person is served.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 1. General [413.10 - 413.40] ( Article 1 added by Stats. 1969, Ch. 1610. ) ## 413.10. Except as otherwise provided by statute, a summons shall be served on a person: (a) Within this state, as provided in this chapter. (b) Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served. (c) Outside the United States, as provided in this chapter or as directed by the court in which the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place where the person is served or as directed by the foreign authority in response to a letter rogatory. These rules are subject to the provisions of the Convention on the “Service Abroad of Judicial and Extrajudicial Documents” in Civil or Commercial Matters (Hague Service Convention). (Amended by Stats. 1984, Ch. 191, Sec. 1.)
  164. 413.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 1. General [413.10 - 413.40] ( Article 1 added by Stats. 1969, Ch. 1610. )

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    If a summons is served by mail under this chapter, Section 1013 time extensions do not apply to time limits in this title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 1. General [413.10 - 413.40] ( Article 1 added by Stats. 1969, Ch. 1610. ) ## 413.20. If a summons is served by mail pursuant to this chapter, the provisions of Section 1013 that extend the time for exercising a right or doing an act shall not extend any time specified in this title. (Added by Stats. 1969, Ch. 1610.)
  165. 413.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 1. General [413.10 - 413.40] ( Article 1 added by Stats. 1969, Ch. 1610. )

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    If regular service of summons is unavailable, a court may order another method reasonably calculated to give actual notice, including email or other electronic technology. A plaintiff asking to show reasonable diligence must list all service attempts and why each failed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 1. General [413.10 - 413.40] ( Article 1 added by Stats. 1969, Ch. 1610. ) ## 413.30. (a) (1) If no provision is made in this chapter or other law for the service of summons, or if a plaintiff, despite exercising reasonable diligence, has been unable to effect service of the summons by any of the methods authorized under this chapter, the court in which the action is pending may, upon motion, direct that summons be served in a manner that is reasonably calculated to give actual notice to the party to be served, including by electronic mail or other electronic technology, and that proof of such service be made as prescribed by the court. (2) A plaintiff seeking to establish reasonable diligence under this section shall set forth facts detailing all attempts to serve the defendant by each of the methods prescribed by statute, including facts demonstrating why each method was unsuccessful at every address or location where the defendant is likely to be found. (b) This section does not apply in an action against a governmental entity or an agent or employee of the governmental entity who has been sued in an official or individual capacity. (Amended by Stats. 2025, Ch. 403, Sec. 1. (SB 85) Effective January 1, 2026.)
  166. 413.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 1. General [413.10 - 413.40] ( Article 1 added by Stats. 1969, Ch. 1610. )

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    A valid service of summons is not made invalid just because the person who served it violated the cited Business and Professions Code chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 1. General [413.10 - 413.40] ( Article 1 added by Stats. 1969, Ch. 1610. ) ## 413.40. Any service of summons which complies with the provisions of this chapter shall not be rendered invalid or ineffective because it was made by a person in violation of Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code. (Added by Stats. 1971, Ch. 1661.)
  167. 414.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 2. Persons Who May Serve Summons [414.10- 414.10.] ( Article 2 added by Stats. 1969, Ch. 1610. )

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    A summons may be served by a person who is at least 18 years old and not a party to the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 2. Persons Who May Serve Summons [414.10- 414.10.] ( Article 2 added by Stats. 1969, Ch. 1610. ) ## 414.10. A summons may be served by any person who is at least 18 years of age and not a party to the action. (Added by Stats. 1969, Ch. 1610.)
  168. 415.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    A summons may be served by personal delivery of the summons and complaint to the person being served.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 415.10. A summons may be served by personal delivery of a copy of the summons and of the complaint to the person to be served. Service of a summons in this manner is deemed complete at the time of such delivery. The date upon which personal delivery is made shall be entered on or affixed to the face of the copy of the summons at the time of its delivery. However, service of a summons without such date shall be valid and effective. (Amended by Stats. 1976, Ch. 789.)
  169. 415.21.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    A person seeking to serve process or a subpoena must be allowed into a qualifying gated community or covered multifamily dwelling for a reasonable time if they show ID and the required proof of status.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 415.21. (a) Notwithstanding any other law, any person shall be granted access to a gated community or a covered multifamily dwelling for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of the following: (1) A badge or other confirmation that the individual is acting in the individual’s capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender. (2) Evidence of current registration as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code or of licensure as a private investigator pursuant to Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code. (b) This section shall only apply to a gated community or a covered multifamily dwelling that is staffed at the time service of process is attempted by a guard or other security personnel assigned to control access to the community or dwelling. (c) For purposes of this section, “covered multifamily dwelling” means either of the following: (1) An apartment building, including a timeshare apartment building not considered a place of public accommodation or transient lodging, with three or more dwelling units. (2) A condominium, including a timeshare condominium not considered a place of public accommodation or transient lodging, with four or more dwelling units. (Amended by Stats. 2019, Ch. 12, Sec. 1. (AB 622) Effective January 1, 2020.)
  170. 415.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    This section allows service of a summons by mail and requires the recipient to return the acknowledgment form within 20 days, with special signing rules for entities.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 415.30. (a) A summons may be served by mail as provided in this section. A copy of the summons and of the complaint shall be mailed (by first-class mail or airmail, postage prepaid) to the person to be served, together with two copies of the notice and acknowledgment provided for in subdivision (b) and a return envelope, postage prepaid, addressed to the sender. (b) The notice specified in subdivision (a) shall be in substantially the following form: ## (Title of court and cause, with action number, to be inserted by the sender prior to mailing) NOTICE To:(Here state the name of the person to be served.) This summons is served pursuant to Section 415.30 of the California Code of Civil Procedure. Failure to complete this form and return it to the sender within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons upon you in any other manner permitted by law. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, this form must be signed in the name of such entity by you or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. Section 415.30 provides that this summons is deemed served on the date of execution of an acknowledgment of receipt of summons. Signature of sender ## ACKNOWLEDGMENT OF RECEIPT OF SUMMONS This acknowledges receipt on (insert date) of a copy of the summons and of the complaint at (insert address). Date:(Date this acknowledgement is executed) Signature of person acknowledging receipt, with title if acknowledgment is made on behalf of another person (c) Service of a summons pursuant to this section is deemed complete on the date a written acknowledgement of receipt of summons is executed, if such acknowledgement thereafter is returned to the sender. (d) If the person to whom a copy of the summons and of the complaint are mailed pursuant to this section fails to complete and return the acknowledgement form set forth in subdivision (b) within 20 days from the date of such mailing, the party to whom the summons was mailed shall be liable for reasonable expenses thereafter incurred in serving or attempting to serve the party by another method permitted by this chapter, and, except for good cause shown, the court in which the action is pending, upon motion, with or without notice, shall award the party such expenses whether or not he is otherwise entitled to recover his costs in the action. (e) A notice or acknowledgment of receipt in form approved by the Judicial Council is deemed to comply with this section. (Added by Stats. 1969, Ch. 1610.)
  171. 415.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    A summons may be served outside California by the methods allowed in this article or by first-class mail with a return receipt; mail service counts as complete on the 10th day after mailing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 415.40. A summons may be served on a person outside this state in any manner provided by this article or by sending a copy of the summons and of the complaint to the person to be served by first-class mail, postage prepaid, requiring a return receipt. Service of a summons by this form of mail is deemed complete on the 10th day after such mailing. (Amended by Stats. 1982, Ch. 249, Sec. 1.)
  172. 415.46.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    This section requires specific service steps for a prejudgment claim of right to possession in unlawful detainer cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 415.46. (a) In addition to the service of a summons and complaint in an action for unlawful detainer upon a tenant and subtenant, if any, as prescribed by this article, a prejudgment claim of right to possession may also be served on any person who appears to be or who may claim to have occupied the premises at the time of the filing of the action. Service upon occupants shall be made pursuant to subdivision (c) by serving a copy of a prejudgment claim of right to possession, as specified in subdivision (f), attached to a copy of the summons and complaint at the same time service is made upon the tenant and subtenant, if any. (b) Service of the prejudgment claim of right to possession in this manner shall be effected by a marshal, sheriff, or registered process server. (c) (1) When serving the summons and complaint upon a tenant and subtenant, if any, the marshal, sheriff, or registered process server shall make a reasonably diligent effort to ascertain whether there are other adult occupants of the premises who are not named in the summons and complaint by inquiring of the person or persons who are being personally served, or any person of suitable age and discretion who appears to reside upon the premises, whether there are other occupants of the premises. (2) If the identity of such an occupant is disclosed to the officer or process server and the occupant is present at the premises, the officer or process server shall serve that occupant with a copy of the prejudgment claim of right to possession attached to a copy of the summons and complaint. If personal service cannot be made upon that occupant at that time, service may be effected by leaving a copy of a prejudgment claim of right to possession attached to a copy of the summons and complaint addressed to that occupant with a person of suitable age and discretion at the premises, affixing the same so that it is not readily removable in a conspicuous place on the premises in a manner most likely to give actual notice to that occupant, and sending the same addressed to that occupant by first-class mail. (3) In addition to the service on an identified occupant, or if no occupant is disclosed to the officer or process server, or if substituted service is made upon the tenant and subtenant, if any, the officer or process server shall serve a prejudgment claim of right to possession for all other persons who may claim to occupy the premises at the time of the filing of the action by leaving a copy of a prejudgment claim of right to possession attached to a copy of the summons and complaint at the premises at the same time service is made upon the tenant and subtenant, if any, affixing the same so that it is not readily removable in a conspicuous place on the premises so that it is likely to give actual notice to an occupant, and sending the same addressed to “all occupants in care of the named tenant” to the premises by first-class mail. (4) The person serving process shall state the date of service on the prejudgment claim of right to possession form. However, the absence of the date of service on the prejudgment claim of right to possession does not invalidate the claim. (d) Proof of service under this section shall be filed with the court and shall include a statement that service was made pursuant to this section. Service on occupants in accordance with this section shall not alter or affect service upon the tenant or subtenant, if any. (e) (1) If an owner or his or her agent has directed and obtained service of a prejudgment claim of right to possession in accordance with this section, no occupant of the premises, whether or not that occupant is named in the judgment for possession, may object to the enforcement of that judgment as prescribed in Section 1174.3. (2) In any action for unlawful detainer resulting from a foreclosure sale of a rental housing unit pursuant to Section 1161a, paragraph (1) shall not limit the right of any tenant or subtenant of the property to file a prejudgment claim of right of possession pursuant to subdivision (a) of Section 1174.25 at any time before judgment, or to object to enforcement of a judgment for possession as prescribed in Section 1174.3, regardless of whether the tenant or subtenant was served with a prejudgment claim of right to possession. (f) The prejudgment claim of right to possession shall be made on the following form: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Prejudgment Claim of Right to Possession form appears in the published chaptered bill. See Sec. 7, Chapter 913 (pp. 73–76), Statutes of 2014. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Amended by Stats. 2014, Ch. 913, Sec. 7. (AB 2747) Effective January 1, 2015. Note: See published chaptered bill for complete section text. The Prejudgment Claim of Right to Possession form appears on pages 73 to 76 of Ch. 913.)
  173. 415.47.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    This section allows a summons in an unlawful detainer action to be served on a lessee by certified mail if specified notice conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 415.47. (a) Where the lessee has given the lessor written notice of the lessee’s intent not to abandon leased real property as provided in Section 1951.3 of the Civil Code, the summons in an action for unlawful detainer of the real property may be served on the lessee by certified mail, postage prepaid, addressed to the lessee at the address stated in the lessee’s notice of intent not to abandon if such summons is deposited in the mail within 60 days from the date the lessee’s notice of intent not to abandon is received by the lessor. Service in this manner is deemed completed on the 10th day after such mailing. (b) Where the lessee has given the lessor written notice of the lessee’s intent not to abandon leased real property as provided in Section 1951.3 of the Civil Code, but failed to include in such notice an address at which the lessee may be served by certified mail in any action for unlawful detainer of the real property, the summons in an action for unlawful detainer of the real property may be served on the lessee by certified mail, postage prepaid, addressed to the lessee at (1) the same address or addresses to which the lessor’s notice of belief of abandonment was addressed if that notice was given by mail or (2) the address of the real property if the lessor’s notice of belief of abandonment was personally served on the lessee. Service may not be made pursuant to this subdivision unless the summons is deposited in the mail within 60 days from the date the lessee’s notice of intent not to abandon is received by the lessor. Service in the manner authorized by this subdivision is deemed completed on the 10th day after such mailing. (c) This section provides an alternative method of service on the lessee and does not preclude service in any other manner authorized by this chapter. (Added by Stats. 1974, Ch. 332.)
  174. 415.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    A summons may be served by publication if the court is satisfied, based on an affidavit, that other service methods with reasonable diligence are not available and the statutory conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 415.50. (a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property. (b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party. The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period. (c) Service of a summons in this manner is deemed complete as provided in Section 6064 of the Government Code. (d) Notwithstanding an order for publication of the summons, a summons may be served in another manner authorized by this chapter, in which event the service shall supersede any published summons. (e) As a condition of establishing that the party to be served cannot with reasonable diligence be served in another manner specified in this article, the court may not require that a search be conducted of public databases where access by a registered process server to residential addresses is prohibited by law or by published policy of the agency providing the database, including, but not limited to, voter registration rolls and records of the Department of Motor Vehicles. (Amended by Stats. 2003, Ch. 449, Sec. 8. Effective January 1, 2004.)
  175. 415.95.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. )

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    This section allows summons service on a business organization by leaving copies with the person apparently in charge during usual office hours and then mailing copies by first-class mail; service is complete 10 days after mailing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 3. Manner of Service of Summons [415.10 - 415.95] ( Article 3 added by Stats. 1969, Ch. 1610. ) ## 415.95. (a) A summons may be served on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours with the person who is apparently in charge of the office of that business organization, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served at the place where a copy of the summons and complaint was left. Service of a summons in this manner is deemed complete on the 10th day after the mailing. (b) Service of a summons pursuant to this section is not valid for a corporation with a registered agent for service of process listed with the Secretary of State. (Added by Stats. 2003, Ch. 128, Sec. 2. Effective January 1, 2004.)
  176. 416.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons may be served on a corporation only by delivering copies of the summons and complaint through specified recipients or methods.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.10. A summons may be served on a corporation by delivering a copy of the summons and the complaint by any of the following methods: (a) To the person designated as agent for service of process as provided by any provision in Section 202, 1502, 2105, or 2107 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable). (b) To the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to receive service of process. (c) If the corporation is a bank, to a cashier or assistant cashier or to a person specified in subdivision (a) or (b). (d) If authorized by any provision in Section 1701, 1702, 2110, or 2111 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code, as in effect on December 31, 1976, with respect to corporations to which they remain applicable), as provided by that provision. (Amended by Stats. 2006, Ch. 567, Sec. 7. Effective January 1, 2007.)
  177. 416.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons may be served on a corporation that has forfeited its charter or right to do business, or that has dissolved, by delivering the summons and complaint to a trustee or, when another Corporations Code provision authorizes it, as that provision allows.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.20. A summons may be served on a corporation that has forfeited its charter or right to do business, or has dissolved, by delivering a copy of the summons and of the complaint: (a) To a person who is a trustee of the corporation and of its stockholders or members; or (b) When authorized by any provision in Sections 2011 or 2114 of the Corporations Code (or Sections 3301 to 3303, inclusive, or Sections 6500 to 6504, inclusive, of the Corporations Code as in effect on December 31, 1976, with respect to corporations to which they remain applicable), as provided by such provision. (Amended by Stats. 1977, Ch. 235.)
  178. 416.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons may be served on a joint stock company or association by delivering copies of the summons and complaint as allowed by Section 416.10 or 416.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.30. A summons may be served on a joint stock company or association by delivering a copy of the summons and of the complaint as provided by Section 416.10 or 416.20. (Added by Stats. 1969, Ch. 1610.)
  179. 416.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons may be served on an unincorporated association by delivering copies of the summons and complaint to specified people.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.40. A summons may be served on an unincorporated association (including a partnership) by delivering a copy of the summons and of the complaint: (a) If the association is a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to a general partner or the general manager of the partnership; (b) If the association is not a general or limited partnership, to the person designated as agent for service of process in a statement filed with the Secretary of State or to the president or other head of the association, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the association to receive service of process; (c) When authorized by Section 18220 of the Corporations Code, as provided by that section. (Amended by Stats. 2004, Ch. 178, Sec. 3. Effective January 1, 2005.)
  180. 416.50.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons may be served on a public entity by delivering copies of the summons and complaint to specified officers or the head of its governing body.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.50. (a) A summons may be served on a public entity by delivering a copy of the summons and of the complaint to the clerk, secretary, president, presiding officer, or other head of its governing body. (b) As used in this section, “public entity” includes the state and any office, department, division, bureau, board, commission, or agency of the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in this state. (Added by Stats. 1969, Ch. 1610.)
  181. 416.60.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons may be served on a minor by delivering copies to the minor’s parent, guardian, conservator, or similar fiduciary, or, if none can be found with reasonable diligence, to another person caring for or connected with the minor; the minor must also be served if at least 12 years old.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.60. A summons may be served on a minor by delivering a copy of the summons and of the complaint to his parent, guardian, conservator, or similar fiduciary, or, if no such person can be found with reasonable diligence, to any person having the care or control of such minor or with whom he resides or by whom he is employed, and to the minor if he is at least 12 years of age. (Amended by Stats. 1972, Ch. 579.)
  182. 416.70.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons for a person with a guardian, conservator, or similar fiduciary may be served by delivering copies to the fiduciary and to the person, but the court may excuse delivery to the person for good cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.70. A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause shown, the court in which the action is pending may dispense with delivery to such person. (Amended by Stats. 1972, Ch. 579.)
  183. 416.80.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons may be served under Elections Code section 12 when that section authorizes it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.80. When authorized by Section 12 of the Elections Code, a summons may be served as provided by that section. (Amended by Stats. 2009, Ch. 140, Sec. 38. (AB 1164) Effective January 1, 2010.)
  184. 416.90.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. )

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    A summons may be served on an otherwise unspecific person by delivering copies of the summons and complaint to that person or to someone authorized to receive service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 4. Persons Upon Whom Summons May Be Served [416.10 - 416.90] ( Article 4 added by Stats. 1969, Ch. 1610. ) ## 416.90. A summons may be served on a person not otherwise specified in this article by delivering a copy of the summons and of the complaint to such person or to a person authorized by him to receive service of process. (Added by Stats. 1969, Ch. 1610.)
  185. 417.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 5. Proof of Service [417.10 - 417.40] ( Article 5 added by Stats. 1969, Ch. 1610. )

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    For service of a summons on someone outside California, proof must be made in one of the listed ways.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 5. Proof of Service [417.10 - 417.40] ( Article 5 added by Stats. 1969, Ch. 1610. ) ## 417.20. Proof that a summons was served on a person outside this state shall be made: (a) If served in a manner specified in a statute of this state, as prescribed by Section 417.10, and if service is made by mail pursuant to Section 415.40, proof of service shall include evidence satisfactory to the court establishing actual delivery to the person to be served, by a signed return receipt or other evidence; (b) In the manner prescribed by the court order pursuant to which the service is made; (c) Subject to any additional requirements that may be imposed by the court in which the action is pending, in the manner prescribed by the law of the place where the person is served for proof of service in an action in its courts of general jurisdiction; or (d) By the written admission of the party. (e) If served by posting pursuant to Section 415.45, by the affidavit of the person who posted the premises, showing the time and place of posting, and an affidavit showing the time and place copies of the summons and of the complaint were mailed to the party to be served, if in fact mailed. (Amended by Stats. 1972, Ch. 719.)
  186. 417.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 5. Proof of Service [417.10 - 417.40] ( Article 5 added by Stats. 1969, Ch. 1610. )

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    After a summons is served, proof of service must be filed unless the defendant has already made a general appearance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 4. Service of Summons [413.10 - 417.40] ( Chapter 4 added by Stats. 1969, Ch. 1610. ) ## ARTICLE 5. Proof of Service [417.10 - 417.40] ( Article 5 added by Stats. 1969, Ch. 1610. ) ## 417.30. After a summons has been served on a person, proof of service of the summons as provided in Section 417.10 or 417.20 shall be filed, unless the defendant has previously made a general appearance. (Amended by Stats. 2005, Ch. 300, Sec. 3. Effective January 1, 2006.)
  187. 418.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 5. Objection to Jurisdiction [418.10 - 418.11] ( Chapter 5 added by Stats. 1969, Ch. 1610. )

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    A defendant may file a motion to challenge jurisdiction or forum issues before pleading, and the section sets deadlines, extensions, and effects on appearance and default.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 5. Objection to Jurisdiction [418.10 - 418.11] ( Chapter 5 added by Stats. 1969, Ch. 1610. ) ## 418.10. (a) A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. (2) To stay or dismiss the action on the ground of inconvenient forum. (3) To dismiss the action pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8. (b) The notice shall designate, as the time for making the motion, a date not more than 30 days after filing of the notice. The notice shall be served in the same manner, and at the same times, prescribed by subdivision (b) of Section 1005. The service and filing of the notice shall extend the defendant’s time to plead until 15 days after service upon him or her of a written notice of entry of an order denying his or her motion, except that for good cause shown the court may extend the defendant’s time to plead for an additional period not exceeding 20 days. (c) If the motion is denied by the trial court, the defendant, within 10 days after service upon him or her of a written notice of entry of an order of the court denying his or her motion, or within any further time not exceeding 20 days that the trial court may for good cause allow, and before pleading, may petition an appropriate reviewing court for a writ of mandate to require the trial court to enter its order quashing the service of summons or staying or dismissing the action. The defendant shall file or enter his or her responsive pleading in the trial court within the time prescribed by subdivision (b) unless, on or before the last day of the defendant’s time to plead, he or she serves upon the adverse party and files with the trial court a notice that he or she has petitioned for a writ of mandate. The service and filing of the notice shall extend the defendant’s time to plead until 10 days after service upon him or her of a written notice of the final judgment in the mandate proceeding. The time to plead may for good cause shown be extended by the trial court for an additional period not exceeding 20 days. (d) No default may be entered against the defendant before expiration of his or her time to plead, and no motion under this section, or under Section 473 or 473.5 when joined with a motion under this section, or application to the court or stipulation of the parties for an extension of the time to plead, shall be deemed a general appearance by the defendant. (e) A defendant or cross-defendant may make a motion under this section and simultaneously answer, demur, or move to strike the complaint or cross-complaint. (1) Notwithstanding Section 1014, no act by a party who makes a motion under this section, including filing an answer, demurrer, or motion to strike constitutes an appearance, unless the court denies the motion made under this section. If the court denies the motion made under this section, the defendant or cross-defendant is not deemed to have generally appeared until entry of the order denying the motion. (2) If the motion made under this section is denied and the defendant or cross-defendant petitions for a writ of mandate pursuant to subdivision (c), the defendant or cross-defendant is not deemed to have generally appeared until the proceedings on the writ petition have finally concluded. (3) Failure to make a motion under this section at the time of filing a demurrer or motion to strike constitutes a waiver of the issues of lack of personal jurisdiction, inadequacy of process, inadequacy of service of process, inconvenient forum, and delay in prosecution. (Amended by Stats. 2002, Ch. 69, Sec. 1. Effective January 1, 2003.)
  188. 418.11.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 5. Objection to Jurisdiction [418.10 - 418.11] ( Chapter 5 added by Stats. 1969, Ch. 1610. )

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    An appearance at certain ex parte hearings is not treated as a general appearance and does not waive the right to move under Section 418.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 5. JURISDICTION AND SERVICE OF PROCESS [410.10 - 418.11] ( Title 5 added by Stats. 1969, Ch. 1610. ) ## CHAPTER 5. Objection to Jurisdiction [418.10 - 418.11] ( Chapter 5 added by Stats. 1969, Ch. 1610. ) ## 418.11. An appearance at a hearing at which ex parte relief is sought, or an appearance at a hearing for which an ex parte application for a provisional remedy is made, is not a general appearance and does not constitute a waiver of the right to make a motion under Section 418.10. (Added by Stats. 1987, Ch. 62, Sec. 1.)
  189. 42.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

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    Adjournments from day to day or from time to time are treated as recesses in court sessions, and they do not stop the Supreme Court or courts of appeal from sitting whenever needed.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Supreme Court [41 - 46] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 42. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Supreme Court or the courts of appeal from sitting at any time. (Added by renumbering Section 48 by Stats. 1967, Ch. 17.)
  190. 420.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. )

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    The provision defines pleadings as the parties’ formal statements of their claims and defenses for the court’s judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. ) ## 420. The pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the Court. (Enacted 1872.)
  191. 421.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. )

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    The forms of pleading in civil actions, and the rules for deciding whether pleadings are sufficient, are the ones set out in this Code.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. ) ## 421. The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this Code. (Enacted 1872.)
  192. 422.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. )

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    In civil actions, the allowed pleadings are complaints, demurrers, answers, and cross-complaints.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. ) ## 422.10. The pleadings allowed in civil actions are complaints, demurrers, answers, and cross-complaints. (Added by Stats. 1971, Ch. 244.)
  193. 422.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. )

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    Every pleading must have a caption naming the court, county, and action title; in a limited civil case, the caption must say so and the clerk must classify the case accordingly.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. ) ## 422.30. (a) Every pleading shall contain a caption setting forth: (1) The name of the court and county in which the action is brought. (2) The title of the action. (b) In a limited civil case, the caption shall state that the case is a limited civil case, and the clerk shall classify the case accordingly. (Amended by Stats. 2002, Ch. 784, Sec. 60. Effective January 1, 2003.)
  194. 422.40.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. )

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    A complaint must list all parties in the title of the action, unless another statute or Judicial Council rule says otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 1. The Pleadings in General [420 - 422.40] ( Chapter 1 enacted 1872. ) ## 422.40. In the complaint, the title of the action shall include the names of all the parties; but, except as otherwise provided by statute or rule of the Judicial Council, in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. (Added by Stats. 1971, Ch. 244.)
  195. 425.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    A complaint or cross-complaint must state the facts supporting the cause of action and ask for judgment for the relief sought. If money or damages are requested, the amount demanded must be stated, except in certain personal injury or wrongful death cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.10. (a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of action, in ordinary and concise language. (2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated. (b) Notwithstanding subdivision (a), where an action is brought to recover actual or punitive damages for personal injury or wrongful death, the amount demanded shall not be stated, but the complaint shall comply with Section 422.30 and, in a limited civil case, with subdivision (b) of Section 70613 of the Government Code. (Amended by Stats. 2005, Ch. 75, Sec. 32. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  196. 425.11.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    In certain personal injury or wrongful death cases, the defendant may ask for a statement of damages, and the plaintiff must serve a responsive statement within 15 days.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.11. (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant. (3) “Defendant” includes a cross-defendant. (b) When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement. (c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be taken. (d) The statement referred to in subdivision (b) shall be served in the following manner: (1) If a party has not appeared in the action, the statement shall be served in the same manner as a summons. (2) If a party has appeared in the action, the statement shall be served upon the party’s attorney, or upon the party if the party has appeared without an attorney, in the manner provided for service of a summons or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. (e) The statement referred to in subdivision (b) may be combined with the statement described in Section 425.115. (Amended by Stats. 2006, Ch. 538, Sec. 63.5. Effective January 1, 2007.)
  197. 425.115.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    A plaintiff may preserve the right to seek punitive damages on default judgment by serving a required statement on the defendant, and must serve it before default is taken when punitive damages are requested.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.115. (a) As used in this section: (1) “Complaint” includes a cross-complaint. (2) “Plaintiff” includes a cross-complainant. (3) “Defendant” includes a cross-defendant. (b) The plaintiff preserves the right to seek punitive damages pursuant to Section 3294 of the Civil Code on a default judgment by serving upon the defendant the following statement, or its substantial equivalent: NOTICE TO : (Insert name of defendant or cross-defendant) reserves the right to seek (Insert name of plaintiff or cross-complainant) $ in punitive damages (Insert dollar amount) when seeks a judgment in the (Insert name of plaintiff or cross-complainant) suit filed against you. (Insert name of attorney or party appearing in propria persona) (Date) (c) If the plaintiff seeks punitive damages pursuant to Section 3294 of the Civil Code, and if the defendant appears in the action, the plaintiff shall not be limited to the amount set forth in the statement served on the defendant pursuant to this section. (d) A plaintiff who serves a statement on the defendant pursuant to this section shall be deemed to have complied with Sections 425.10 and 580 of this code and Section 3295 of the Civil Code. (e) The plaintiff may serve a statement upon the defendant pursuant to this section, and may serve the statement as part of the statement required by Section 425.11. (f) The plaintiff shall serve the statement upon the defendant pursuant to this section before a default may be taken, if the motion for default judgment includes a request for punitive damages. (g) The statement referred to in subdivision (b) shall be served by one of the following methods: (1) If the party has not appeared in the action, the statement shall be served in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. (2) If the party has appeared in the action, the statement shall be served upon his or her attorney, or upon the party if he or she has appeared without an attorney, either in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14. (Amended by Stats. 2005, Ch. 706, Sec. 12. Effective January 1, 2006.)
  198. 425.12.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    The Judicial Council must create and approve official court forms for certain civil cases and a statement-of-damages form.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.12. (a) The Judicial Council shall develop and approve official forms for use in trial courts of this state for any complaint, cross-complaint or answer in any action based upon personal injury, property damage, wrongful death, unlawful detainer, breach of contract or fraud. (b) The Judicial Council shall develop and approve an official form for use as a statement of damages pursuant to Sections 425.11 and 425.115. (c) In developing the forms required by this section, the Judicial Council shall consult with a representative advisory committee which shall include, but not be limited to, representatives of the plaintiff’s bar, the defense bar, the public interest bar, court administrators and the public. The forms shall be drafted in nontechnical language and shall be made available through the office of the clerk of the appropriate trial court. (Amended by Stats. 1995, Ch. 796, Sec. 4. Effective January 1, 1996.)
  199. 425.13.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    In medical-negligence damages cases, punitive damages cannot be pleaded unless the court allows an amended pleading.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.13. (a) In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive damages to be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading and on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code. The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed within two years after the complaint or initial pleading is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier. (b) For the purposes of this section, “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. (Amended by Stats. 1988, Ch. 1205, Sec. 1.)
  200. 425.14.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. )

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    Punitive or exemplary damages claims against a religious corporation generally cannot be included in a complaint or pleading unless the court allows an amended pleading.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475] ( Title 6 enacted 1872. ) ## CHAPTER 2. Pleadings Demanding Relief [425.10 - 429.30] ( Chapter 2 repealed and added by Stats. 1971, Ch. 244. ) ## ARTICLE 1. General Provisions [425.10 - 425.55] ( Article 1 added by Stats. 1971, Ch. 244. ) ## 425.14. No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive or exemplary damages to be filed. The court may allow the filing of an amended pleading claiming punitive or exemplary damages on a motion by the party seeking the amended pleading and upon a finding, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established evidence which substantiates that plaintiff will meet the clear and convincing standard of proof under Section 3294 of the Civil Code. Nothing in this section is intended to affect the plaintiff’s right to discover evidence on the issue of punitive or exemplary damages. (Added by Stats. 1988, Ch. 1410, Sec. 1.)

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