# California Code of Civil Procedure — Rule-by-Rule Reference

The California Code of Civil Procedure (CCP) governs civil
procedure in all California Superior Courts and is enacted by
the Legislature. Authoritative source:

**https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=CCP**

The California Rules of Court (CRC), promulgated by the Judicial
Council under Cal. Const. art. VI, § 6, layer atop the CCP for
format, motion practice, and case management. Authoritative
source:

**https://www.courts.ca.gov/cms/rules/**

This reference summarizes the provisions most frequently invoked
in civil practice. Pull verbatim text from the source above when
quoting in a brief.

> **NOT LEGAL ADVICE.** Verify every citation against the current
> CCP and CRC — both are amended by the Legislature and Judicial
> Council on a rolling basis.

## Pleadings

### CCP § 425.10 — Contents of complaint

The complaint must contain:
- A statement of the facts constituting the cause of action, in
  ordinary and concise language
- A demand for judgment for the relief to which the plaintiff
  claims to be entitled

California is a **fact-pleading** jurisdiction. The complaint
must allege the **ultimate facts** of each element of each cause
of action. Conclusory legal conclusions are insufficient.

### CCP § 430.10 — Grounds for demurrer

A defendant may demur to a complaint (or any cause of action) on
the following grounds:

- **(a)** The court has no jurisdiction of the subject matter
- **(b)** The plaintiff lacks legal capacity to sue
- **(c)** Another action is pending between the same parties for
  the same cause
- **(d)** There is a defect or misjoinder of parties
- **(e)** The pleading does not state facts sufficient to
  constitute a cause of action — the most common ground,
  analogous to FRCP 12(b)(6)
- **(f)** The pleading is uncertain (ambiguous / unintelligible)
- **(g)** The pleading does not state facts sufficient to
  constitute a defense (for demurrer to answer)

A demurrer must be sustained with leave to amend on most grounds
unless the defect cannot be cured.

### CCP § 430.30 — Time to demur

- A defendant must demur or answer within **30 days** after
  service of the complaint (CCP § 412.20(a)(3))
- The court may extend the time by stipulation or noticed motion

### CCP § 430.41 — Meet-and-confer before demurrer

Before filing a demurrer, the demurring party must meet and
confer in person or by telephone with the opposing party to
determine whether an agreement can be reached to resolve the
objections. A declaration must be filed with the demurrer
certifying the meet-and-confer occurred.

### CCP § 431.30 — Answer; contents

The answer must:
- Address each material allegation in the complaint
- Contain a general or specific denial of each allegation
  controverted
- Plead each affirmative defense as a separate defense (CCP
  § 431.30(b)(2))

Affirmative defenses not raised in the answer may be waived.

### CCP §§ 435-437 — Motion to strike

- **CCP § 435** — A party may move to strike any irrelevant,
  false, or improper matter inserted in a pleading, or any
  pleading that does not conform to law
- **CCP § 436** — Grounds: (a) improper matter; (b) pleading
  not drawn or filed in conformity with the laws of the state
- **CCP § 437** — Within 30 days after service of the pleading;
  must be accompanied by a meet-and-confer declaration under
  CCP § 435.5

## Summary judgment and adjudication

### CCP § 437c — Summary judgment

The keystone provision for pre-trial dispositive motions.

- **Timing**: Motion filed at least **75 days** before the trial
  date; notice must be served at least 75 days before the
  hearing (CCP § 437c(a)(2))
- **Opposition**: served and filed at least **51 days** before
  the hearing; affidavits and points and authorities required
- **Reply**: filed and served at least **21 days** before the
  hearing

**Standard**:
- The moving party must demonstrate there is **no triable issue
  of material fact** and it is entitled to judgment as a matter
  of law
- *Aguilar v. Atlantic Richfield Co.* (2001) 25 Cal.4th 826:
  A defendant moving for SJ must show the plaintiff cannot
  establish one or more elements of the cause of action, or
  that there is an affirmative defense. A plaintiff must show
  each element and that the defendant cannot establish any
  defense.
- **Burden shifting**: once the moving party makes a prima facie
  showing, the opposing party must demonstrate the existence of
  a triable issue of material fact by reference to specific
  admissible evidence

**Summary adjudication**: CCP § 437c(f) allows adjudication
of one or more causes of action, issues, affirmative defenses,
or damages claims without disposing of the entire case.

**Supporting papers**: Separate statement of undisputed material
facts required (CRC 3.1350). Each fact must be supported by
specific evidence (declaration, deposition testimony, document).
The opposing party must respond to each fact in a separate
statement.

## Service of process

### CCP § 412.20 — Service of summons

The summons must be served with the complaint and must contain:
- Name of the court and parties
- Direction to defendant to answer within 30 days (or 40 days
  if served outside California; 60 days if served outside the
  U.S.)
- Notice that failure to appear will result in default

### CCP § 413.10 — Manner of service

Service of the summons may be made by:
- **(a)** Personal delivery to the person to be served (CCP
  § 415.10)
- **(b)** Substituted service (CCP § 415.20)
- **(c)** Service by mail with notice and acknowledgment of
  receipt (CCP § 415.30)
- **(d)** Service on a corporation or other entity (CCP § 416.10
  et seq.)
- **(e)** Service by publication (CCP § 415.50) — only after
  exercising due diligence to serve by other means

### CCP § 415.20 — Substituted service

If the person to be served cannot be found at usual place of
dwelling or business after due diligence, service may be made
by:
- Leaving a copy at the dwelling with a competent member of
  the household (sub-service at dwelling), PLUS mailing a copy
- Leaving a copy at the usual place of business with someone
  apparently in charge, PLUS mailing a copy

### CCP § 417.10 — Proof of service

Return of service (proof of service) must be filed with the
court. Service is complete on the date of personal delivery
or, for substituted service, **10 days after mailing** the
mailed copy (CCP § 415.20(a)).

## Motions — general provisions

### CCP §§ 1010-1020 — Notice of motion

- **CCP § 1005(b)** — Unless otherwise ordered, notice of motion
  must be served and filed at least **16 court days** before
  the hearing (allowing the opposing party 9 calendar days to
  oppose and the moving party 5 calendar days to reply)
- **CCP § 1010.6** — Electronic service: when served by
  electronic means, add **2 court days** to the notice period
- **CCP § 1011** — Service of motions and papers
- **CCP § 1013** — Mail-service extension: add **5 calendar
  days** to any period for response when service was by
  first-class mail within California; 10 days if served to
  an address outside California

### CRC 3.1300 — Time for opposition and reply

- Opposition filed and served at least **9 court days** before
  the hearing
- Reply filed and served at least **5 court days** before the
  hearing

These overlap with the CCP § 1005(b) notice-period calculation.
The CRC 3.1300 deadlines are the default; the court may shorten
time on an ex parte application showing good cause.

### CRC 3.1110-3.1116 — Format of motions

- CRC 3.1112: Notice of motion must state the grounds and the
  statutory basis for each ground
- CRC 3.1113: Memorandum of points and authorities required
  (unless the motion is made upon a ground appearing on the
  face of a pleading, and the ground is obvious)
- CRC 3.1115: Declaration in support of motion must be on
  personal knowledge

## Discovery — Civil Discovery Act of 1986

### Scope and overview

The Civil Discovery Act is codified at CCP §§ 2016.010-2036.050.
California allows five primary forms of discovery:

1. **Oral depositions** (CCP §§ 2025.010-2025.620)
2. **Written interrogatories** (CCP §§ 2030.010-2030.410)
3. **Requests for production** (CCP §§ 2031.010-2031.510)
4. **Requests for admission** (CCP §§ 2033.010-2033.420)
5. **Physical/mental examinations** (CCP §§ 2032.010-2032.650)
6. **Expert witness discovery** (CCP §§ 2034.010-2034.730)

### CCP § 2016.040 — Meet-and-confer before discovery motion

Before bringing a motion to compel or for protective order, the
moving party must meet and confer in good faith with the opposing
party. A declaration must be filed certifying the attempt.

### CCP § 2030.010 — Interrogatories

- **Special interrogatories**: unlimited in number, subject to
  proportionality; must be relevant and not unduly burdensome
- **Form interrogatories**: Judicial Council forms (Form
  DISC-001) covering standard civil and personal-injury topics
- **Objections**: must be stated with specificity; a general
  "vague and ambiguous" objection is disfavored

Response deadline: **30 days** from service of the
interrogatories (CCP § 2030.260(a)).

### CCP § 2025.010 — Oral depositions

- Any party may take the oral deposition of any person,
  including any party
- Notice to the deponent; **10 days** advance written notice
  for a party, served on all parties (CCP § 2025.270(a))
- Subpoena required for a non-party deponent (CCP § 2020.010)
- Seven-hour limit per deponent per day (CCP § 2025.290)

### CCP § 2031.010 — Requests for production

- A party may demand the inspection, copying, testing, or
  sampling of documents, electronically stored information
  (ESI), or tangible things
- Response deadline: **30 days** (CCP § 2031.260(a))
- The responding party may produce or permit inspection; object;
  or state the item does not exist or is not in the party's
  custody, possession, or control

### CCP § 2033.010 — Requests for admission

- A party may serve requests for admission on any other party
- Response deadline: **30 days** (CCP § 2033.250(a))
- Failure to respond results in the matter being deemed
  admitted (CCP § 2033.280)
- A party may move to withdraw or amend admissions for good
  cause (CCP § 2033.300)

### CCP § 2016.020 — Scope of discovery

- Discovery is relevant if it is reasonably calculated to lead
  to the discovery of admissible evidence and is relevant to
  the subject matter of the pending action
- California broadly construes discovery scope — parties
  generally may discover any matter, not privileged, relevant
  to the subject matter of the action

### CCP §§ 2023.010-2023.040 — Misuse of discovery; sanctions

Misuse of discovery includes: failing to respond, providing
evasive or incomplete responses, making improper objections,
or disobeying a court order. The court may impose:
- Monetary sanctions
- Issue sanctions (facts deemed established or evidence excluded)
- Terminating sanctions (striking pleadings, default)
- Contempt sanctions

## Trial

### CCP §§ 591-630 — Trial proceedings

- **CCP § 592** — Right to jury trial in all cases in which
  the right to jury trial existed at common law or is provided
  by statute; parties may waive by written stipulation or by
  failure to demand or appear
- **CCP § 594** — Notice of trial setting
- **CCP § 607a** — Motions in limine (CRC 3.1112)
- **CCP § 631** — Waiver of jury trial: jury trial may be
  waived by failing to demand it timely or failing to deposit
  jury fees (CCP § 631(b))

### CCP § 631 — Jury fees

A party demanding jury trial must deposit jury fees **at least
25 calendar days** before trial. Failure to deposit operates
as a waiver of jury trial (CCP § 631(f)).

### CCP §§ 631-636 — Jury selection and verdict

- **CCP § 631.5** — Peremptory challenges: 6 per side in
  unlimited civil jurisdiction; 3 in limited
- **CCP § 633** — Verdict; required to be signed by at least
  75% of the jury (9 of 12) unless the parties stipulate to
  fewer
- **CCP § 634** — Failure to object to irregularity of verdict
  waives the objection

## Judgments and post-judgment

### CCP §§ 664-681 — Entry and enforcement

- **CCP § 664.5** — Clerk enters judgment; party may submit
  proposed judgment when clerk's entry is not authorized
- **CCP § 664.6** — Enforcement of settlement: the court may
  retain jurisdiction to enforce a settlement agreement if
  the settlement is called out in a signed written agreement
  or stipulated in open court
- **CCP § 669** — Money judgment; must specify principal, costs,
  and prejudgment interest separately
- **CCP § 670** — Judgment becomes a lien on real property in
  the county where entered upon recording of an Abstract of
  Judgment
- **CCP § 683.020** — Judgment expiration: a money judgment
  is enforceable for **10 years** from entry; renewable by
  motion (CCP § 683.110) filed within 10 years

### CCP §§ 683-708 — Enforcement of judgments

- **CCP § 695.010** — The judgment debtor's property is subject
  to enforcement of a money judgment
- **CCP §§ 699.010-699.560** — Writ of execution
- **CCP §§ 706.010-706.154** — Earnings withholding order
  (wage garnishment)
- **CCP §§ 703.010-703.610** — Exemptions (homestead, wages,
  tools of trade, pension, vehicle, etc.)
- **CCP §§ 708.010-708.205** — Judgment debtor's examination
  (judgment creditor may examine the debtor's financial
  condition in court)

## California Rules of Court — civil-specific titles

### CRC Title 3, Division 7 — Case management

- **CRC 3.700** — Policy: the trial court must manage civil
  cases from filing to disposition
- **CRC 3.714** — Civil case cover sheet required with complaint
  (Form CM-010)
- **CRC 3.720-3.730** — Case management conference (CMC): must
  be set within 180 days of filing; parties must serve and
  file a CMC statement at least 15 calendar days before the
  conference (Form CM-110)
- **CRC 3.740** — Collections cases (special CMC track for
  unlawful detainer / consumer debt collection cases where
  no complex issues are anticipated)

### CRC Title 3, Division 11 — Law and motion

- **CRC 3.1100** — Scope: governs motions in the superior courts
- **CRC 3.1103** — "Law and motion" includes all motions heard
  in the civil law-and-motion department
- **CRC 3.1110** — Format: papers must comply with CRC 2.100
  (general format rules); memoranda limited to 15 pages
  (CRC 3.1113(d)), or 20 for summary judgment opposition
- **CRC 3.1112** — Notice of motion requirements; must state
  grounds and statutory basis
- **CRC 3.1300** — Opposition and reply deadlines (9/5 court
  days before hearing)
- **CRC 3.1308** — Tentative ruling system: courts may issue
  tentative rulings before the hearing; parties must notify
  the court by 4:00 p.m. the court day before the hearing
  if they intend to appear to argue; if no request to argue,
  the tentative becomes the ruling
- **CRC 3.1320** — Demurrers and motions to strike
- **CRC 3.1350** — Summary judgment motions: separate statement
  of undisputed material facts required; format specified

### CRC Title 2, Division 1 — Format

- **CRC 2.100-2.119** — General format for all pleadings and
  papers: paper size (letter), margins (1 inch), font (12
  point), line spacing (double), line numbering, caption,
  footer with case number and document title. See
  `ca-statewide-format` for the full format checklist.

## Procedural-motion quick reference

| Motion | Statute / Rule | Timing |
|--------|---------------|--------|
| Demurrer | CCP § 430.10; CRC 3.1320 | 30 days from service |
| Motion to strike | CCP § 435; CRC 3.1322 | 30 days from service |
| Motion for SJ/SA | CCP § 437c; CRC 3.1350 | Filed 75 days before trial |
| Motion to compel | CCP §§ 2030.300-2033.290 | 45 days from response |
| Motion for protective order | CCP § 2031.060 | Before/after discovery served |
| Motion for default | CCP § 585; CRC 3.1800 | After deadline to respond passes |
| Motion to vacate default | CCP § 473(b) | Within 6 months of default |
| Motion for new trial | CCP § 657 | Within 15 days of notice of entry of judgment |
| Motion for JNOV | CCP § 629 | Within 15 days of verdict |

## Comparison to federal procedure

| Concept | California | Federal (FRCP) |
|---------|-----------|----------------|
| Pleading standard | Fact pleading (ultimate facts) | Notice pleading (*Twombly/Iqbal* plausibility) |
| Demurrer | CCP § 430.10 | FRCP 12(b)(6) MTD |
| Motion to strike | CCP § 435 | FRCP 12(f) |
| SJ deadline | 75 days before trial | Anytime until 30 days before trial |
| SJ opposition | 51 days before hearing | 21 days (FRCP 56(c)(1)) |
| Interrogatories | Unlimited (proportionality limit) | 25 without leave (FRCP 33(a)) |
| Jury fee deposit | 25 days before trial (CCP § 631(b)) | No deposit required in federal court |
| Judgment lien | Auto-lien on recording Abstract | Separate enforcement process |

## How to re-pull

The CCP is published at leginfo.legislature.ca.gov. For ad hoc
verification, fetch the specific section from:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=[SECTION]

The CRC is published at:
https://www.courts.ca.gov/cms/rules/