Preliminary Provisions
Section § 2
Section § 3
This law states that no part of the code will apply to past actions or events unless it specifically says so.
Section § 4
This section states that the traditional rule, which requires laws that change common law to be interpreted very narrowly, doesn't apply to this Code. Instead, the Code should be interpreted broadly and openly to achieve its purpose and to ensure fairness and justice.
Section § 5
This section says that if parts of this Code are very similar to existing laws, they should be seen as a continuation of those laws and not as entirely new ones.
Section § 6
This law states that when the new Code takes effect, people already holding certain offices under the previous laws will remain in those positions as long as their role hasn't been eliminated by the new Codes adopted during this legislative session.
Section § 7
This law explains that if a government office is eliminated because a law that created it is repealed, and there's no similar law that replaces it or continues it in the new legal codes, then the office is shut down when the new codes start being used.
Section § 8
This law means if a legal action started or a right was gained before the new code was implemented, the new rules don’t change that action or right. However, the way the legal process unfolds should follow the new code’s instructions if they apply.
Section § 9
This law states that if a time limit for taking action under an older law has already started before the new code was established, the time that has already passed counts towards the total time limit set by the new code.
Section § 10
This law section defines 'holidays' as all Sundays and any days that are identified as judicial holidays in another specific law section, which is Section 135.
Section § 11
This section explains that if the law requires sending a notice or communication by registered mail, using certified mail instead is acceptable and fulfills the legal obligation.
Section § 12
When you're calculating a deadline for any legal action, don't count the first day. Include the last day unless it falls on a holiday; if it does, skip the holiday too.
Section § 12
If a legal deadline falls on a holiday, you get until the next business day to meet it. Holidays include Saturdays, official holidays listed in Section 135, and certain days noted in Section 12b. This rule applies to various laws and regulations, ensuring deadlines adjust if they land on holidays.
Section § 12
This law states that if a government office, like a city or county office, is closed for an entire day, that day will count as a holiday when calculating time limits for certain legal processes.
Section § 12
This section explains how to count days when an action has to be completed a certain number of days before a hearing. Start by counting backwards from the hearing date and don't include the day of the hearing in your count. If extra days are added because of how something is delivered or served, count backwards from the date you already figured out, based on the previous instructions.
Section § 13
If a task required by law or contract is scheduled for a date that turns out to be a holiday, you can complete it the next business day, and it will count as if you did it on the originally planned date.
Section § 13
This law allows you to complete any legal act that's supposed to happen on a certain day or within a certain timeframe, even if that day falls on a special holiday. Completing the act on a special holiday has the same legal effect as doing it on a regular business day.
Section § 13
This law allows you to perform any required legal act on a Saturday, just as if you were doing it on a regular weekday that isn't a holiday. However, it doesn't mean you must do it on a Saturday; it's just an option.
Section § 14
This section clarifies that if a seal is needed on a document, the word "seal" can mean either an imprint directly on the paper or an imprint on wax or a wafer attached to the paper. It gives flexibility in how seals can be applied to documents.
Section § 15
This law states that when a law gives a joint authority to three or more public officers or people, that authority is usually given to a majority of them (more than half), unless the Act specifically says otherwise.
Section § 16
This law section explains how words should be understood within legal texts. Generally, words are interpreted according to their usual meaning based on the language and context. However, if certain words are technical or have a special legal meaning, they are interpreted according to that specific meaning or definition provided in the law.
Section § 17
This section of the code explains how certain words and phrases should be understood in legal texts. Words in the present tense are meant to include future instances, and gendered words include all genders. Singular and plural words are interchangeable. The law provides specific definitions for terms like 'affinity,' which refers to familial relations through marriage, 'county,' which includes city and county, and 'electronic signature,' which involves electronic records. It also defines terms like 'month' as a calendar month, 'person' to include corporations, and 'property' covering both real estate and personal belongings. Other definitions clarify what 'sheriff,' 'spouse,' 'state,' and 'will' mean in legal contexts.
Section § 18
This law says that any old laws or rules are no longer valid just because they match what the new Code says on the same topic. All previous laws and rules are repealed unless the new Code specifically says they should stay in force.
Importantly, getting rid of these old laws does not bring back any older laws that were previously repealed. It also doesn't impact any current rights, actions, or legal proceedings unless the new Code says so. Moreover, private laws not explicitly repealed are unaffected.
Section § 19
This law states that whenever you're talking about or changing something in the Code of Civil Procedure, you can just call it "The Code of Civil Procedure" and, if needed, mention the specific section number you're referring to.
Section § 20
This law section explains that judicial remedies are solutions provided by the courts or judges, as authorized by the state's Constitution and laws.
Section § 21
This law splits legal remedies into two categories: actions and special proceedings. Actions are typical lawsuits filed in court, while special proceedings are a unique type of legal process for specific situations.
Section § 22
An action is a formal process in a court where one person seeks to declare, enforce, or protect their rights, correct or prevent a wrong, or punish a crime by taking legal steps against someone else.
Section § 23
This law says that any legal remedy that isn't covered under standard court actions is considered a 'special proceeding.'
Section § 24
This law states that there are two main types of legal actions: civil actions and criminal actions. Civil actions involve disputes between individuals or organizations, while criminal actions involve prosecuting someone for breaking the law.
Section § 25
This law states that a civil lawsuit can be based on either a duty someone has (an obligation) or a harm that someone suffers (an injury).
Section § 26
In California, an obligation is a legal responsibility for someone to either do something or not do something. This obligation can come about in two main ways: from a contract or because the law requires it.
Section § 27
In California, injuries are categorized into two types. The first type is injury to a person, which means harm or damage that affects an individual's body or well-being. The second type is injury to property, referring to damage that affects personal or real property.
Section § 28
This law defines 'injury to property' as any action that deprives the property's owner of its use or benefit. This can happen if the property is taken away, withheld, made to deteriorate, or destroyed.
Section § 29
This law defines any injury that is not specifically mentioned elsewhere as an injury to a person. Essentially, it categorizes all other types of injuries under personal injury.
Section § 30
A civil action is when one person takes legal action against another to declare, enforce, or protect a right, or to address or prevent a wrongdoing.
Section § 31
This code section states that the Penal Code outlines what a criminal action is and dictates how such actions are to be prosecuted.
Section § 32
This law means that if someone violates your rights and you have both civil and criminal options to address it, you can pursue either or both remedies. Choosing one doesn't cancel out your ability to pursue the other.
Section § 32.5
This law explains that a case's "jurisdictional classification" refers to whether it's classified as a limited civil case or an unlimited civil case.
Section § 33
This law allows a prosecuting attorney to choose to help resolve certain violations through civil means instead of filing criminal charges. Specifically, it applies to offenses described in Title 13 of the Penal Code, which covers particular kinds of crimes.
Section § 34
This section states that if a court or a judicial officer uses an electronic signature, it is considered just as valid and effective as if they had signed a document by hand.