Section § 2

Explanation
This section of the California Code of Civil Procedure states that the Code officially became effective at noon on January 1, 1873.
This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three.

Section § 3

Explanation

This law states that no part of the code will apply to past actions or events unless it specifically says so.

No part of it is retroactive, unless expressly so declared.

Section § 4

Explanation

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.

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.

Section § 5

Explanation

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.

The provisions of this Code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments.

Section § 6

Explanation

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.

All persons who at the time this Code takes effect hold office under any of the Acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by one of the Codes adopted at this session of the Legislature.

Section § 7

Explanation

This law explains that if a government office is eliminated because a law that created it is repealed, and there's no similar law that replaces it or continues it in the new legal codes, then the office is shut down when the new codes start being used.

When any office is abolished by the repeal of any Act, and such Act is not in substance reënacted or continued in either of the Codes, such office ceases at the time the Codes take effect.

Section § 8

Explanation

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.

No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this Code as far as applicable.

Section § 9

Explanation

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.

When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in this code, the time that has already run shall be deemed part of the time prescribed as such limitation by this code.

Section § 10

Explanation

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.

Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135.

Section § 11

Explanation

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.

Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law.

Section § 12

Explanation

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.

The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.

Section § 12

Explanation

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.

(a)CA Civil Procedure Code § 12(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.
(b)CA Civil Procedure Code § 12(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation.

Section § 12

Explanation

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.

If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a.

Section § 12

Explanation

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.

(a)CA Civil Procedure Code § 12(a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12.
(b)CA Civil Procedure Code § 12(b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subdivision (a).

Section § 13

Explanation

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.

Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.

Section § 13

Explanation

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.

Any act required by law to be performed on a particular day or within a specified period of time may be performed (but is not hereby required to be performed) on a special holiday as that term is used in Section 6705 of the Government Code, with like effect as if performed on a day which is not a holiday.

Section § 13

Explanation

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.

Any act required by law to be performed on a particular day or within a specified period may be performed (but is not hereby required to be performed) on a Saturday, with like effect as if performed on a day which is not a holiday.

Section § 14

Explanation

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.

When the seal of a Court, public officer, or person is required by law to be affixed to any paper, the word “seal” includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto.

Section § 15

Explanation

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.

Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.

Section § 16

Explanation

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.

Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.

Section § 17

Explanation

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.

(a)CA Civil Procedure Code § 17(a) Words used in this code in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural number includes the singular.
(b)CA Civil Procedure Code § 17(b) As used in this code, the following words have the following meanings, unless otherwise apparent from the context:
(1)CA Civil Procedure Code § 17(b)(1) “Affinity” signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation.
(2)CA Civil Procedure Code § 17(b)(2) “County” includes “city and county.”
(3)CA Civil Procedure Code § 17(b)(3) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.
(4)CA Civil Procedure Code § 17(b)(4) “Month” means a calendar month, unless otherwise expressed.
(5)CA Civil Procedure Code § 17(b)(5) “Oath” includes an affirmation or declaration.
(A)CA Civil Procedure Code § 17(b)(5)(A) “Depose” includes any written statement made under oath or affirmation.
(B)CA Civil Procedure Code § 17(b)(5)(B) “Testify” includes any mode of oral statement made under oath or affirmation.
(6)CA Civil Procedure Code § 17(b)(6) “Person” includes a corporation as well as a natural person.
(7)CA Civil Procedure Code § 17(b)(7) “Process” signifies a writ or summons issued in the course of a judicial proceeding.
(8)CA Civil Procedure Code § 17(b)(8) “Property” includes both personal and real property.
(A)CA Civil Procedure Code § 17(b)(8)(A) “Personal property” includes money, goods, chattels, things in action, and evidences of debt.
(B)CA Civil Procedure Code § 17(b)(8)(B) “Real property” is coextensive with lands, tenements, and hereditaments.
(9)CA Civil Procedure Code § 17(b)(9) “Section” refers to a section of this code, unless some other code or statute is expressly mentioned.
(10)CA Civil Procedure Code § 17(b)(10) “Sheriff” includes marshal.
(11)CA Civil Procedure Code § 17(b)(11) “Signature” or “subscription” includes a mark of a person’s name, if the person cannot write, with his or her name being written near it by a person who writes his or her own name as a witness. In order that a mark may be acknowledged or serve as the signature to any sworn statement, it shall be witnessed by two persons who shall subscribe their own names as witnesses thereto.
(12)CA Civil Procedure Code § 17(b)(12) “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
(13)CA Civil Procedure Code § 17(b)(13) “State” includes the District of Columbia and the territories when applied to the different parts of the United States, and the words “United States” may include the district and territories.
(14)CA Civil Procedure Code § 17(b)(14) “Will” includes codicil.
(15)CA Civil Procedure Code § 17(b)(15) “Writ” means an order or precept in writing, issued in the name of the people, or of a court or judicial officer.
(16)CA Civil Procedure Code § 17(b)(16) “Writing” includes printing and typewriting.

Section § 18

Explanation

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.

No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in all cases provided for by this Code, all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private statute not expressly repealed.

Section § 19

Explanation

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.

This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as “The Code of Civil Procedure,” adding, when necessary, the number of the section.

Section § 20

Explanation

This law section explains that judicial remedies are solutions provided by the courts or judges, as authorized by the state's Constitution and laws.

Judicial remedies are such as are administered by the Courts of justice, or by judicial officers empowered for that purpose by the Constitution and statutes of this State.

Section § 21

Explanation

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.

These remedies are divided into two classes:
1. Actions; and,
2. Special proceedings.

Section § 22

Explanation

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.

An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.

Section § 23

Explanation

This law says that any legal remedy that isn't covered under standard court actions is considered a 'special proceeding.'

Every other remedy is a special proceeding.

Section § 24

Explanation

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.

Actions are of two kinds:
1. Civil; and,
2. Criminal.

Section § 25

Explanation

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).

A civil action arises out of:
1. An obligation;
2. An injury.

Section § 26

Explanation

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.

An obligation is a legal duty, by which one person is bound to do or not to do a certain thing, and arises from either of the following:
(a)CA Civil Procedure Code § 26(a) Contract.
(b)CA Civil Procedure Code § 26(b) Operation of law.

Section § 27

Explanation

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.

An injury is of two kinds:
1. To the person; and,
2. To property.

Section § 28

Explanation

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.

An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it.

Section § 29

Explanation

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.

Every other injury is an injury to the person.

Section § 30

Explanation

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.

A civil action is prosecuted by one party against another for the declaration, enforcement or protection of a right, or the redress or prevention of a wrong.

Section § 31

Explanation

This code section states that the Penal Code outlines what a criminal action is and dictates how such actions are to be prosecuted.

The Penal Code defines and provides for the prosecution of a criminal action.

Section § 32

Explanation

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.

When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.

Section § 32.5

Explanation

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.

The “jurisdictional classification” of a case means its classification as a limited civil case or an unlimited civil case.

Section § 33

Explanation

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.

A prosecuting attorney, in his or her discretion, may assist in the civil resolution of a violation of an offense described in Title 13 (commencing with Section 450) of Part 1 of the Penal Code in lieu of filing a criminal complaint.

Section § 34

Explanation

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.

An electronic signature, as defined in Section 17, by a court or judicial officer shall be as effective as an original signature.