Code of Civil Procedure, 1872

If starting a civil action is stopped by an injunction or statutory prohibition, that blocked period does not count toward the filing deadline.

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

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

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.

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.

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

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).

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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.

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

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

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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

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.

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

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

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

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

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.

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

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.

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.

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

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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.

This section defines “real property claim.”

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.

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.

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.

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.

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.

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.

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

The Supreme Court and the courts of appeal may transact business at any time.

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

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.

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.

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.

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

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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

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

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

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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

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.

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

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

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.

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.

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.

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

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

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

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.

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

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.

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.

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.