reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 4 - Motion to Strike › Section 435.

435. (a) As used in this section:
(1) The term “complaint” includes a cross-complaint.
(2) The term “pleading” means a demurrer, answer, complaint, or cross-complaint.
(b) (1) Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof, but this time limitation shall not apply to motions specified in subdivision (e).
(2) A notice of motion to strike the answer or the complaint, or a portion thereof, shall specify a hearing date set in accordance with Section 1005.
(3) A notice of motion to strike a demurrer, or a portion thereof, shall set the hearing thereon concurrently with the hearing on the demurrer.
(c) If a party serves and files a notice of motion to strike without demurring to the complaint, the time to answer is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586.
(d) The filing of a notice of motion to strike an answer or complaint, or portion thereof, shall not extend the time within which to demur.
(e) A motion to strike, as specified in this section, may be made as part of a motion pursuant to subparagraph (A) of paragraph (1) of subdivision (i) of Section 438.
(Amended by Stats. 1993, Ch. 456, Sec. 3.5. Effective January 1, 1994.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 4 - Motion to Strike › Section 436.

436. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper:
(a) Strike out any irrelevant, false, or improper matter inserted in any pleading.
(b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.
(Amended by Stats. 1983, Ch. 1167, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 4 - Motion to Strike › Section 437.

437. (a) The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.
(b) Where the motion to strike is based on matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, such matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit.
(Added by Stats. 1982, Ch. 704, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 452.

452. In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 454.

454. It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular.
If the pleading is verified the account must be verified by the affidavit of the party to the effect that he believes it to be true; or if the facts are within the personal knowledge of the agent or attorney for the party, or the party is not within the county where the attorney has his office or from some cause unable to make the affidavit, by the affidavit of the agent or attorney.
(Amended by Stats. 1939, Ch. 63.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 455.

455. In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 456.

456. In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made and to have become final. If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction and creating finality.
(Amended by Stats. 1957, Ch. 1365.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 457.

457. In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 458.

458. In pleading the Statute of Limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of Section ____ (giving the number of the section and subdivision thereof, if it is so divided, relied upon) of The Code of Civil Procedure; and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 459.

459. In pleading a private statute, or an ordinance of a county or municipal corporation, or a right derived therefrom, it is sufficient to refer to such statute or ordinance by its title and the day of its passage. In pleading the performance of conditions precedent under a statute or an ordinance of a county or municipal corporation, or of a right derived therefrom, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part required thereby; if such allegations be controverted the party pleading must establish on the trial the facts showing such performance.
(Amended by Stats. 1907, Ch. 372.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 460.

460. In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff must establish on the trial that it was so published or spoken.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 460.5.

460.5. (a) In any action for libel or slander, for good cause shown upon ex parte written application, the court may order that the time to respond to the complaint is 20 days after the service of summons on the defendant. The application shall be supported by an affidavit stating facts showing, among other things, that the alleged defamatory matter has been continuously published and that there is a reasonable likelihood that the publication will continue. The order shall direct the clerk to endorse the summons to show that the time to respond has been shortened pursuant to this section. A copy of the application, affidavit, and order shall be served with the summons.
(b) In any such action, unless otherwise ordered by the court for good cause shown, the time allowed the defendant to respond to the complaint or amend the answer under Section 586 shall not exceed 10 days.
(c) The court shall give any such action precedence over all other civil actions, except actions to which special precedence is given by law, in the matter of the setting the case for hearing or trial, and in hearing the case, to the end that all such actions shall be quickly heard and determined. Except for good cause shown, the court shall not grant a continuance in excess of 10 days without the consent of the adverse party.
(d) For purposes of this section, “continuously published” means three or more publications within 15 days.
(Added by Stats. 1972, Ch. 594.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 460.7.

460.7. (a) In any action by a candidate or former candidate for elective public office against a holder of elective public office or an opposing candidate for libel or slander that is alleged to have occurred during the course of an election campaign, the court shall order that the time to respond to the complaint is 20 days after the service of summons on the defendant. The order shall direct the clerk to endorse the summons to show that the time to respond has been shortened pursuant to this section. A copy of the affidavit and order shall be served with the summons.
(b) In any action described in subdivision (a), unless otherwise ordered by the court for good cause shown, the time allowed the defendant to respond to the complaint or amend the answer under Section 586 shall not exceed 10 days.
(c) The court shall give any action described in subdivision (a) precedence over all other civil actions, except actions to which special precedence is given by law, in the matter of the setting of the case of hearing or trial, and in hearing the case, to the end that all actions described in subdivision (a) shall be quickly heard and determined. Except for good cause shown, the court shall not grant a continuance in excess of 10 days without the consent of the adverse party.
(Amended by Stats. 2006, Ch. 538, Sec. 64. Effective January 1, 2007.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 461.

461. In any action within Section 460 or 460.5, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages. Whether he proves the justification or not, he may give in evidence the mitigating circumstances.
(Amended by Stats. 1972, Ch. 594.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 464.

464. (a) The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.
(b) The plaintiff and defendant, or petitioner and respondent, may, in any action in which the support of children is an issue, file a supplemental complaint seeking a judgment or order of paternity or support for a child of the mother and father of the child whose paternity and support are already in issue before the court. A supplemental complaint for paternity or child support may be filed without leave of court either before or after final judgment in the underlying action.
(c) Upon the filing of a supplemental complaint, the court clerk shall issue an amended or supplemental summons pursuant to Section 412.10. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code.
(Amended by Stats. 1994, Ch. 1269, Sec. 2.8. Effective January 1, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 7 - General Rules of Pleading › Section 465.

465. Except with leave of the court, all pleadings subsequent to the complaint, together with proof of service unless a summons need be issued, shall be filed with the clerk or judge, and copies thereof served upon the adverse party or his or her attorney.
(Amended by Stats. 1986, Ch. 953, Sec. 3.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 469.

469. Variance between the allegation in a pleading and the proof shall not be deemed material, unless it has actually misled the adverse party to his or her prejudice in maintaining his or her action or defense upon the merits. If it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just.
(Amended by Stats. 2017, Ch. 561, Sec. 22. (AB 1516) Effective January 1, 2018.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 470.

470. Where the variance is not material, as provided in Section 469 the court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
(Amended by Stats. 1986, Ch. 540, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 471.

471. Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the meaning of Sections 469 and 470, but a failure of proof.
(Amended by Stats. 1986, Ch. 540, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 471.5.

471.5. (a) If the complaint is amended, a copy of the amendments shall be filed, or the court may, in its discretion, require the complaint as amended to be filed, and a copy of the amendments or amended complaint must be served upon the defendants affected thereby. The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases. For the purposes of this subdivision, “complaint” includes a cross-complaint, and “defendant” includes a person against whom a cross-complaint is filed.
(b) If the answer is amended, the adverse party has 10 days after service thereof, or such other time as the court may direct, in which to demur to the amended answer.
(Repealed and added by Stats. 1972, Ch. 73.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 472.

472. (a) A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.
(b) This section shall not apply to a special motion brought pursuant to Section 425.16.
(Amended (as amended by Stats. 2017, Ch. 273, Sec. 3) by Stats. 2020, Ch. 36, Sec. 19. (AB 3364) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 472a.

472a. (a) A demurrer is not waived by an answer filed at the same time.
(b) Except as otherwise provided by rule adopted by the Judicial Council, if a demurrer to a complaint or to a cross-complaint is overruled and there is no answer filed, the court shall allow an answer to be filed upon such terms as may be just. If a demurrer to the answer is overruled, the action shall proceed as if no demurrer had been interposed, and the facts alleged in the answer shall be considered as denied to the extent mentioned in Section 431.20.
(c) Subject to the limitations imposed by subdivision (e) of Section 430.41, if a demurrer is sustained, the court may grant leave to amend the pleading upon any terms as may be just and shall fix the time within which the amendment or amended pleading shall be filed. If a demurrer is stricken pursuant to Section 436 and there is no answer filed, the court shall allow an answer to be filed on terms that are just.
(d) If a motion to strike is granted pursuant to Section 436, the court may order that an amendment or amended pleading be filed upon terms it deems proper. If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.
(e) If a motion to dismiss an action pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8 is denied, the court shall allow a pleading to be filed.
(Amended (as amended by Stats. 2015, Ch. 418, Sec. 4) by Stats. 2020, Ch. 36, Sec. 20. (AB 3364) Effective January 1, 2021.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 472b.

472b. When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order, unless the notice is waived in open court, and the waiver entered in the minutes. When an order sustaining a demurrer without leave to amend is reversed or otherwise remanded by any order issued by a reviewing court, any amended complaint shall be filed within 30 days after the clerk of the reviewing court mails notice of the issuance of the remittitur.
(Amended by Stats. 2001, Ch. 44, Sec. 3. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 472c.

472c. (a) When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making such an order is open on appeal even though no request to amend such pleading was made.
(b) The following orders shall be deemed open on appeal where an amended pleading is filed after the court’s order:
(1) An order sustaining a demurrer to a cause of action within a complaint or cross-complaint where the order did not sustain the demurrer as to the entire complaint or cross-complaint.
(2) An order sustaining a demurrer to an affirmative defense within an answer where the order sustaining the demurrer did not sustain the demurrer as to the entire answer.
(3) An order granting a motion to strike a portion of a pleading where the order granting the motion to strike did not strike the entire pleading.
(c) As used in this section, “open on appeal” means that a party aggrieved by an order listed in subdivision (b) may claim the order as error in an appeal from the final judgment in the action.
(Amended by Stats. 1993, Ch. 456, Sec. 7. Effective January 1, 1994.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 472d.

472d. Whenever a demurrer in any action or proceeding is sustained, the court shall include in its decision or order a statement of the specific ground or grounds upon which the decision or order is based which may be by reference to appropriate pages and paragraphs of the demurrer.
The party against whom a demurrer has been sustained may waive these requirements.
(Added by Stats. 1961, Ch. 727.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 473.1.

473.1. The court may, upon such terms as may be just, relieve a party from a judgment, order, or other proceeding taken against him or her, including dismissal of an action pursuant to Section 581 or Chapter 1.5 (commencing with Section 583.110) of Title 8, where a court of this state has assumed jurisdiction, pursuant to Section 6180 or 6190 of the Business and Professions Code, over the law practice of the attorney for the party and the judgment, order or other proceeding was taken against the party after the application for the court to assume jurisdiction over the practice was filed. Application for this relief shall be made within a reasonable period of time, in no case exceeding six months, after the court takes jurisdiction over the practice. However, in the case of a judgment, order, or other proceeding determining the ownership or right to possession of real or personal property, without extending the six-month period, when a notice in writing is personally served within the state both upon the party against whom the judgment, order, or other proceeding has been taken, and upon the attorney appointed pursuant to Section 6180.5 of the Business and Professions Code to act under the court’s direction, notifying the party and the appointed attorney that the order, judgment, or other proceeding was taken against him or her and that any rights the party has to apply for relief under the provisions of the section shall expire 90 days after service of notice, then application for relief must be made within 90 days after service of the notice upon the defaulting party or the attorney appointed to act under the court’s direction pursuant to Section 6180.5 of the Business and Professions Code, whichever service is later. No affidavit or declaration of merits shall be required of the moving party.
(Amended by Stats. 1993, Ch. 589, Sec. 25. Effective January 1, 1994.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 473.5.

473.5. (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.
(b) A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.
(c) Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that his or her lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, it may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action.
(Amended by Stats. 1990, Ch. 1491, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 474.

474. When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, or the affidavit if the action is commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly; provided, that no default or default judgment shall be entered against a defendant so designated, unless it appears that the copy of the summons or other process, or, if there be no summons or process, the copy of the first pleading or notice served upon such defendant bore on the face thereof a notice stating in substance: “To the person served: You are hereby served in the within action (or proceedings) as (or on behalf of) the person sued under the fictitious name of (designating it).” The certificate or affidavit of service must state the fictitious name under which such defendant was served and the fact that notice of identity was given by endorsement upon the document served as required by this section. The foregoing requirements for entry of a default or default judgment shall be applicable only as to fictitious names designated pursuant to this section and not in the event the plaintiff has sued the defendant by an erroneous name and shall not be applicable to entry of a default or default judgment based upon service, in the manner otherwise provided by law, of an amended pleading, process or notice designating defendant by his true name.
(Amended by Stats. 1955, Ch. 886.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6 - OF THE PLEADINGS IN CIVIL ACTIONS › CHAPTER 8 - Variance Mistakes in Pleadings and Amendments › Section 475.

475. The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the opinion of said court, does not affect the substantial rights of the parties. No judgment, decision, or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error, ruling, instruction, or defect had not occurred or existed. There shall be no presumption that error is prejudicial, or that injury was done if error is shown.
(Amended by Stats. 1897, Ch. 47.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.020.

481.020. “Account debtor” means “account debtor” as defined in paragraph (3) of subdivision (a) of Section 9102 of the Commercial Code.
(Amended by Stats. 1999, Ch. 991, Sec. 11.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.030.

481.030. “Account receivable” means “account” as defined in paragraph (2) of subdivision (a) of Section 9102 of the Commercial Code.
(Amended by Stats. 1999, Ch. 991, Sec. 12. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.040.

481.040. “Chattel paper” means “chattel paper” as defined in paragraph (11) of subdivision (a) of Section 9102 of the Commercial Code.
(Amended by Stats. 1999, Ch. 991, Sec. 12.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.055.

481.055. “Costs” means costs and disbursements, including, but not limited to, statutory fees, charges, commissions, and expenses.
(Added by Stats. 1982, Ch. 1198, Sec. 5. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.080.

481.080. “Deposit account” means “deposit account” as defined in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code.
(Amended by Stats. 1999, Ch. 991, Sec. 12.2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.090.

481.090. “Document of title” means “document” as defined in paragraph (30) of subdivision (a) of Section 9102 of the Commercial Code. A document of title is negotiable if it is negotiable within the meaning of Section 7104 of the Commercial Code.
(Amended by Stats. 1999, Ch. 991, Sec. 12.3. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.100.

481.100. “Equipment” means tangible personal property in the possession of the defendant and used or bought for use primarily in the defendant’s trade, business, or profession if it is not included in the definitions of inventory or farm products.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.110.

481.110. “Farm products” means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states (such as ginned cotton, wool clip, maple syrup, milk, and eggs), while in the possession of a defendant engaged in raising, fattening, grazing, or other farming operations. If tangible personal property is a farm product, it is neither equipment nor inventory.
(Amended by Stats. 1982, Ch. 1198, Sec. 8. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.113.

481.113. “Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization, and includes a corporation engaged in a safe deposit business.
(Added by Stats. 1982, Ch. 1198, Sec. 9. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.115.

481.115. “General intangibles” means “general intangibles,” as defined in paragraph (42) of subdivision (a) of Section 9102 of the Commercial Code, consisting of rights to payment.
(Amended by Stats. 1999, Ch. 991, Sec. 13. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.117.

481.117. “Instrument” means “instrument” as defined in paragraph (47) of subdivision (a) of Section 9102 of the Commercial Code.
(Amended by Stats. 1999, Ch. 991, Sec. 13.1. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.120.

481.120. “Inventory” means tangible personal property in the possession of a defendant that (a) is held by the defendant for sale or lease or to be furnished under contracts of service or (b) is raw materials, work in process, or materials used or consumed in his trade, business, or profession. Inventory of a person is not to be classified as his equipment.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.140.

481.140. “Levying officer” means the sheriff or marshal who is directed to execute a writ or order issued under this title.
(Amended by Stats. 1996, Ch. 872, Sec. 12. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.170.

481.170. “Person” includes a natural person, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
(Amended by Stats. 1994, Ch. 1010, Sec. 58. Effective January 1, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.175.

481.175. “Personal property” includes both tangible and intangible personal property.
(Added by Stats. 1982, Ch. 1198, Sec. 15. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.190.

481.190. A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.195.

481.195. “Property” includes real and personal property and any interest therein.
(Added by Stats. 1982, Ch. 1198, Sec. 16. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.200.

481.200. “Public entity” includes the state, the Regents of the University of California, a county, a city, district, public authority, public agency, and any other political subdivision or public corporation in the state.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.203.

481.203. “Real property” includes any right in real property, including, but not limited to, a leasehold interest in real property.
(Added by Stats. 1982, Ch. 1198, Sec. 17. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.205.

481.205. “Registered process server” means a person registered as a process server pursuant to Chapter 16 (commencing with Section 22350) of Division 8 of the Business and Professions Code.
(Added by Stats. 1982, Ch. 1198, Sec. 18. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.207.

481.207. “Secured party” means “secured party” as defined in paragraph (73) of subdivision (a) of Section 9102 of the Commercial Code.
(Amended by Stats. 2013, Ch. 531, Sec. 2. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.220.

481.220. “Security agreement” means a “security agreement” as defined by paragraph (74) of subdivision (a) of Section 9102 of the Commercial Code.
(Amended by Stats. 2013, Ch. 531, Sec. 3. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.223.

481.223. “Security interest” means “security interest” as defined in Section 1201 of the Commercial Code.
(Added by Stats. 1982, Ch. 1198, Sec. 20. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 1 - Words and Phrases Defined › Section 481.225.

481.225. “Tangible personal property” includes chattel paper, documents of title, instruments, securities, and money.
(Added by Stats. 1982, Ch. 1198, Sec. 21. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.020.

482.020. Nothing in this title precludes the granting of relief pursuant to Chapter 3 (commencing with Section 525) of Title 7.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.030.

482.030. (a) The Judicial Council may provide by rule for the practice and procedure in proceedings under this title.
(b) The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this title.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.040.

482.040. The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. As to matters shown by information and belief, the affidavit shall state the facts on which the affiant’s belief is based, showing the nature of his information and the reliability of his informant. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an affidavit.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.050.

482.050. (a) If the plaintiff so requests in writing at the time he files his complaint, the clerk of the court with whom the complaint is filed shall not make available to the public the records and documents in such action before either (1) 30 days after the filing of the complaint or (2) the filing pursuant to this title of the return of service of the notice of hearing and any temporary protective order, or of the writ of attachment if issued without notice, whichever event occurs first.
(b) Notwithstanding subdivision (a), the clerk of the court shall make the entire file in the action available for inspection at any time to any party named in the complaint or to his attorney.
(c) The request by plaintiff that the fact of filing of a complaint or application for relief not be made public may take the form of a notation to that effect, made by rubber stamp or other suitable means, at the top of the first page of the complaint filed with the clerk.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.060.

482.060. (a) Except as otherwise provided in subdivision (b), the judicial duties to be performed under this title are subordinate judicial duties within the meaning of Section 22 of Article VI of the California Constitution and may be performed by appointed officers such as court commissioners.
(b) The judicial duties to be performed in the determination of the following matters are not subordinate judicial duties:
(1) A contested claim of exemption.
(2) A contested motion for determination of the liability and damages for wrongful attachment.
(3) A contested third-party claim.
(4) A contested proceeding to enforce a third person’s liability.
(c) Nothing in subdivision (b) limits the power of a court to appoint a temporary judge pursuant to Section 21 of Article VI of the California Constitution.
(Amended by Stats. 1982, Ch. 1198, Sec. 23. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.070.

482.070. (a) (1) Except as otherwise provided in this title, legal process required or permitted to be served under this title may be served personally or by mail.
(2) For purposes of this title, the term “legal process” shall refer to each and all of the writs, notices, orders, or other papers required or permitted to be served pursuant to this title.
(b) Except as otherwise provided in this section, service of legal process under this title is governed by Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9, including the provisions of Section 684.120 extending time when service is made by mail.
(c) For the purpose of subdivision (b), in Article 1 (commencing with Section 684.010) and Article 2 (commencing with Section 684.110) of Chapter 4 of Division 1 of Title 9:
(1) References to the “judgment debtor” shall be deemed references to the defendant.
(2) References to the “judgment creditor” shall be deemed references to the plaintiff.
(3) References to a “writ” shall be deemed references to a writ of attachment.
(4) References to a “notice of levy” shall be deemed references to a notice of attachment.
(d) If the defendant has not appeared in the action and legal process is required to be personally served on the defendant under this title, service shall be made in the same manner as a summons is served under Chapter 4 (commencing with Section 413.10) of Title 5.
(e) Except for service of a subpoena or other process to require the attendance of the defendant or service of a paper to bring the defendant into contempt, if the defendant has an attorney of record in the action, service shall be made on the attorney rather than on the defendant.
(f) Proof of service under this title is governed by Article 3 (commencing with Section 684.210) of Chapter 4 of Division 1 of Title 9.
(Amended by Stats. 2012, Ch. 484, Sec. 1. (AB 2364) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.080.

482.080. (a) If a writ of attachment is issued, the court may also issue an order directing the defendant to transfer to the levying officer either or both of the following:
(1) Possession of the property to be attached if the property is sought to be attached by taking it into custody.
(2) Possession of documentary evidence of title to property of or a debt owed to the defendant that is sought to be attached. An order pursuant to this paragraph may be served when the property or debt is levied upon or thereafter.
(b) The order shall be personally served on the defendant and shall contain a notice to the defendant that failure to comply with the order may subject the defendant to arrest and punishment for contempt of court.
(Amended by Stats. 1982, Ch. 1198, Sec. 25. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.090.

482.090. (a) Several writs in the same form may be issued simultaneously or from time to time upon the same undertaking, whether or not any writ previously issued has been returned.
(b) After the return of the writ of attachment, or upon the filing by the plaintiff of an affidavit setting forth the loss of the writ of attachment, the clerk, upon demand of the plaintiff at any time before judgment, may issue an alias writ which shall be in the same form as the original without requirement of a new undertaking.
(c) The date of issuance of a writ of attachment shall be deemed to be the date the writ is first issued.
(Added by Stats. 1974, Ch. 1516.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 6.5 - ATTACHMENT › CHAPTER 2 - General Provisions › Section 482.100.

482.100. (a) The defendant may claim an exemption provided in Section 487.020 for property levied upon pursuant to a writ issued under this title if the right to the exemption is the result of a change in circumstances occurring after (1) the denial of a claim of exemption for the property earlier in the action or (2) the expiration of the time for claiming the exemption earlier in the action.
(b) A claim of exemption under this section shall follow the procedure provided in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 except that, subject to subdivision (a), the defendant may claim the exemption at any time. For this purpose, references in Article 2 (commencing with Section 703.510) of Chapter 4 of Division 2 of Title 9 to the “judgment debtor” shall be deemed references to the defendant, and references to the “judgment creditor” shall be deemed references to the plaintiff.
(c) The exemption provided by subdivision (b) of Section 487.020 may be claimed at the defendant’s option either pursuant to subdivision (b) of this section or by following the procedure provided in this subdivision. The claim shall be made by filing with the court and serving on the plaintiff a notice of motion. Service on the plaintiff shall be made not less than three days prior to the date set for the hearing. The hearing shall be held not more than five days after the filing of the notice of motion unless, for good cause shown, the court orders otherwise. The notice of motion shall state the relief requested and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. At the hearing on the motion, the defendant has the burden of showing that the property is exempt pursuant to subdivision (b) of Section 487.020. Upon this showing and the showing required by subdivision (a), the court shall order the release of the property.
(Amended by Stats. 1982, Ch. 1198, Sec. 26. Operative July 1, 1983, by Sec. 70 of Ch. 1198.)