California’s Code of Civil Procedure

General Rules of Pleading

February 26, 2025 2:30 amFebruary 26, 2025 2:31 am

California’s Code of Civil Procedure in Part 2, Title 6, Chapter 7 deals with general rules of pleading in civil actions. Section 452 states that, in the construction of a pleading, for the purpose of determining its effect, its allegations...

Objections to Pleadings

February 11, 2025 2:30 amFebruary 11, 2025 2:31 am

California’s Code of Civil Procedure in Part 2, Title 6, Chapter 3, Article 1 deals with objections to pleadings in civil actions. Section 430.10 provides that the party against whom a complaint or cross-complaint has been filed may object, by...

Administration of Small Claims Court

February 9, 2025 2:30 amFebruary 9, 2025 2:31 am

California’s Code of Civil Procedure in Part 1, Title 1, Chapter 5.5, Article 9 deals with administration of the small claims court. Section 116.920 requires the Judicial Council to provide by rule for the practice and procedure and for the...

The Verdict in a Trial by Jury

January 20, 2025 2:30 amJanuary 20, 2025 2:31 am

California’s Code of Civil Procedure, in Part 2, Title 8, Chapter 4, Article 3, provides for the verdict in civil actions where there was a trial by jury. Section 624 specifies that the verdict of a jury is either general...

Denials and Defenses in California Civil Action Pleadings

November 28, 2024 6:00 amNovember 28, 2024 6:22 am

California’s Code of Civil Procedure, in Part 2, Title 6, Chapter 3, Article 2, deals with objections to pleadings, specifically denials and defenses. Section 431.10 defines a “material allegation” in a pleading as one essential to the claim or defense...

Writs of Mandate

October 8, 2024 2:30 amOctober 8, 2024 2:31 am

California’s Code of Civil Procedure, in Part 3, Title 1, Chapter 2, deals with writs of mandate. Section 1084 specifies that the writ of mandamus is also a writ of mandate. Section 1085 allows a write of mandate to be...

Unique Provisions of California’s Code of Civil Procedure

January 19, 2023 4:02 pmJanuary 19, 2023 4:09 pm

California’s Code of Civil Procedure (CCP) has a number of intriguing preliminary provisions, many of which were enacted in 1872, as the CCP was one of California’s original four Codes. For example, CCP Section 21 divides judicial remedies into two...