Section § 694.010

Explanation

This section defines terms used in a specific chapter of the California Code of Civil Procedure. It clarifies that the 'operative date' refers to July 1, 1983, and 'prior law' refers to the laws that were in effect as of June 30, 1983.

As used in this chapter:
(a)CA Civil Procedure Code § 694.010(a) “Operative date” means July 1, 1983.
(b)CA Civil Procedure Code § 694.010(b) “Prior law” means the applicable law in effect on June 30, 1983.

Section § 694.020

Explanation

This law means that new rules usually apply to ongoing or already started court cases unless the court believes applying these new rules would seriously disrupt the case or harm someone's rights. In those situations, the old rules continue to apply.

Except as otherwise provided in this chapter, this title on and after its operative date applies to all proceedings commenced prior thereto unless in the opinion of the court application of a particular provision of this title would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons, in which case the particular provision of this title does not apply and prior law applies.

Section § 694.030

Explanation

This law explains how the enforcement of certain money judgments, or judgments related to property, is handled after a specific date. Generally, these judgments are subject to rules outlined in Chapter 3 of the relevant laws. However, even if a judgment can't be renewed under normal procedures because the time limit has expired, it might still be renewed within two years of the operative date. This can happen if a court decides that enforcement would have been allowed under previous rules, and if they issue an order to renew the judgment after reviewing a filed motion. The person who owes the judgment must be notified of this motion either in person or by mail.

(a)CA Civil Procedure Code § 694.030(a) Except for a judgment described in Section 683.310 or 683.320, the period for enforcement of a money judgment or a judgment for possession or sale of property entered prior to the operative date is governed on and after the operative date by Chapter 3 (commencing with Section 683.010).
(b)CA Civil Procedure Code § 694.030(b) Notwithstanding subdivision (a), even though a judgment to which subdivision (a) applies is not renewable pursuant to Chapter 3 (commencing with Section 683.010) because the time for filing an application for renewal has expired, the judgment may be renewed under Chapter 3 (commencing with Section 683.010) if the court which entered the judgment determines, on noticed motion filed within two years after the operative date, that authority to enforce the judgment after the 10-year period provided in former Section 681 would have been granted if a motion had been made under former Section 685 and the court, in its discretion, makes an order authorizing the renewal of the judgment. The notice of motion shall be served personally or by mail on the judgment debtor.

Section § 694.040

Explanation

This section talks about the rules for handling property or debts that are being used to satisfy a court judgment if the legal process started before a certain change in the law. For judgments made before the new law took effect, the old laws apply when selling property or taking possession to pay off the debt. If the sale of property occurs after the new law begins, a different rule found in another section applies to how payments are handled.

(a)CA Civil Procedure Code § 694.040(a) Except as provided in subdivision (c), property levied upon or otherwise subjected to process for enforcement of a money judgment or a judgment for possession or sale of property prior to the operative date is subject to prior law relating to sale or delivery of possession.
(b)CA Civil Procedure Code § 694.040(b) The duties to be performed in the execution of a writ or order for the enforcement of a money judgment or a judgment for possession or sale of property that is served prior to the operative date are governed by prior law.
(c)CA Civil Procedure Code § 694.040(c) The manner of payment at a sale of property pursuant to a writ or order after the operative date is governed by Section 701.590.

Section § 694.050

Explanation

This law talks about the sale of property that has been seized for debt. Normally, such property can be sold, and the original owner has the chance to buy it back, a process called redemption. However, if the debt collector and the person who owes the debt both agree in writing, they can skip the redemption process and sell the property outright. Even if a sale happened before this law took effect, people can still buy back their property using the old rules if it was eligible for redemption back then.

(a)CA Civil Procedure Code § 694.050(a) Except as provided in subdivision (b), property levied upon, or property to be sold upon which foreclosure or other proceedings for sale have been commenced, prior to the operative date that would have been sold subject to the right of redemption under prior law shall be sold subject to the right of redemption and may be redeemed as provided by prior law.
(b)CA Civil Procedure Code § 694.050(b) If the judgment creditor and judgment debtor agree in writing, property described in subdivision (a) may be sold as provided in this title rather than subject to the right of redemption.
(c)CA Civil Procedure Code § 694.050(c) Property sold prior to the operative date subject to the right of redemption under prior law may be redeemed as provided by prior law.

Section § 694.060

Explanation

You can start a legal action within one year after a certain start date if it was allowed by the law in place the day before that date.

Notwithstanding Section 708.230, an action may be commenced pursuant to Section 708.210 within one year after the operative date if the action could have been commenced under prior law on the day before the operative date.

Section § 694.070

Explanation

This law states that if a third-party claim or a demand related to a claim involving a secured party was filed or served before a certain date, the rules that were in place before that date will still apply. In other words, older claims are governed by the old rules, not any new ones that might have come into effect after that date.

(a)CA Civil Procedure Code § 694.070(a) A third-party claim filed prior to the operative date is governed by prior law.
(b)CA Civil Procedure Code § 694.070(b) A demand for a third-party claim served on a secured party prior to the operative date is governed by prior law.

Section § 694.080

Explanation

This law says that certain protections you usually have against money judgments don't count if your property was already targeted by a lien before a certain date. In that case, whether your property is protected depends on the laws in place when the lien was originally placed.

The exemptions from enforcement of a money judgment provided by this title do not apply to property levied upon or otherwise subjected to a lien prior to the operative date. Whether such property is exempt is determined by the exemptions provided by law at the time the lien was created.

Section § 694.090

Explanation

If you made a declaration to protect your home from creditors under the old rules, it will only be valid if it aligns with the new rules that start with Section 704.910.

On and after the operative date, a declaration of homestead made under prior law pursuant to Title 5 (commencing with Section 1237) of Part 4 of Division 2 of the Civil Code is effective only to the extent provided in Article 5 (commencing with Section 704.910) of Chapter 4 of Division 2.