# California Code of Civil Procedure — Procedural Survey - Citation: Cal. Code Civ. Proc. (CCP) - Subject: Procedural sections of the CCP that function like rules of court - Source: https://leginfo.legislature.ca.gov/faces/codedisplayexpanded.xhtml?tocCode=CCP - Last verified: 2026-05-13 > Authored from canonical California sources; verify against > leginfo.legislature.ca.gov before relying. > **Cross-reference note.** This file is a procedural survey and cross-reference table. Debt-specific CCP sections (judgment enforcement, exemptions, levies, garnishment, wage assignment) are covered in detail in `../../ca-statutes-debt/`. Do not duplicate that coverage here; use this file for motion-practice, time-computation, and discovery procedural sections. --- ## Overview The California Code of Civil Procedure (CCP) contains procedural provisions that function alongside the CRC. Unlike federal practice, where most procedure is governed by the FRCP, California divides procedural rules between the CRC (promulgated by the Judicial Council) and the CCP (enacted by the Legislature). When a CCP provision conflicts with a CRC rule, the CCP generally controls as a legislative enactment, but the Judicial Council has broad constitutional rulemaking authority (Cal. Const., art. VI, § 6) so the relationship is not always clear. --- ## Part 1 — Time Computation ### CCP § 12 — Computation of Time — General Rule **Summary.** The general rule for computing time in the CCP: the first day of the period is excluded; the last day is included. When the last day falls on a weekend or judicial holiday, the period extends to the next court day. ``` 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. ``` --- ### CCP § 12a — Extensions for Service by Mail **Summary.** When a party has a right or is required to act within a prescribed time after service of a notice or document, and service was made by mail, the period is extended by 5 calendar days (within California), 10 days (outside California), or 20 days (outside the U.S.). ``` (a) If the last day for the performance of any act provided for or required by law to be performed within a specific period of time after the service of a document falls on a Saturday, Sunday, or holiday, then that period is hereby extended to and including the next day that is not a Saturday, Sunday, or holiday. (b) When service is made by mail to a person in California, the time within which the person served may respond is extended five calendar days. When service is made by mail to a person not in California, the time is extended by 10 calendar days if the place of address is in the United States, or 20 calendar days if the place of address is outside the United States. ``` --- ### CCP § 12c — Court Days **Summary.** "Court days" means days the court is open for business, excluding Saturdays, Sundays, and judicial holidays. Most CRC motion deadlines are counted in "court days"; CCP § 1005 uses calendar and court-day calculations. This distinction matters for computing notice periods. --- ## Part 2 — Summons and Service of Process ### CCP §§ 412.10–412.30 — The Summons **Summary.** A summons must be issued by the court clerk upon filing of the complaint (§ 412.10). The summons must conform to the Judicial Council form (§ 412.20) and must include the notice required by statute. A summons is valid for three years after issuance (§ 583.210); if not served within three years, the action is subject to mandatory dismissal. **Key provisions:** ``` § 412.10. After a complaint is filed, the clerk must issue a summons upon the request of the plaintiff. § 412.20. The summons shall be directed to the defendant, shall be signed by the clerk, and shall contain: (a) The title of the court in which the action is commenced; (b) The names of the parties to the action; (c) A direction that the defendant file with the court a written response to the complaint within 30 days after service of the summons. ``` --- ### CCP §§ 415.10–415.95 — Methods of Personal Service **Summary.** Methods of personal service on individuals and entities: | Method | Section | Summary | |---|---|---| | Personal service on individual | § 415.10 | Delivering copy to person directly | | Substituted service on individual | § 415.20 | Leave at dwelling with competent adult + mail | | Service by mail + acknowledgment | § 415.30 | Mail copy; service complete on signed acknowledgment | | Service by publication | § 415.50 | Court order required; last resort | | Service on corporation | § 416.10 | Deliver to officer, general manager, or agent for service | | Service on partnership | § 416.40 | Deliver to general partner or authorized agent | | Service on LLC | § 416.40 | Registered agent or manager | | Service on government entity | § 416.50 | Comply with Government Code § 955 | --- ### CCP § 415.20 — Substituted Service **Summary.** If personal service cannot be accomplished with reasonable diligence, a copy of the summons and complaint may be left at the person's usual place of business or dwelling with a competent adult, and a copy mailed to the person. Service is complete 10 days after mailing. ``` (a) Where person cannot be served personally at dwelling, the summons may be served by leaving a copy at the person's usual place of business in the presence of a person apparently in charge of the office, and by mailing a copy to the person to be served at the place where a copy was left. Service is effective 10 days after mailing. ``` --- ### CCP §§ 416.10–416.90 — Service on Entities **Summary.** Service on a corporation is made by delivering a copy to an officer, general manager, or agent for service. Service on a limited liability company (LLC) is made on the registered agent for service or any member or manager. Service on a government entity is governed by Government Code § 955 (90-day claim requirement under the Government Claims Act). --- ### CCP § 417.10 — Proof of Service of Summons **Summary.** Proof of personal service is made by affidavit of the process server (POS-010 or equivalent form). The proof of service must identify: the person served, the time and place of service, the documents served, and the method of service. --- ## Part 3 — Pleadings ### CCP § 425.10 — Contents of Complaint **Summary.** A complaint must contain: (1) a statement of the facts constituting the cause of action in ordinary and concise language, and (2) a demand for judgment. The complaint need not plead the amount of damages if the action is for "general damages" (personal injury, wrongful death); but for contract and property damages, the amount must be stated. --- ### CCP § 425.16 — Anti-SLAPP Motion to Strike **Summary.** The anti-SLAPP statute allows a defendant to bring a special motion to strike a cause of action arising from the defendant's exercise of the constitutional right of petition or free speech in connection with a public issue. The motion must be filed within 60 days of service of the complaint (or within the time to respond). Discovery is stayed upon filing. If the defendant makes a threshold showing (the claim "arises from" protected activity), the burden shifts to the plaintiff to show a probability of prevailing. ``` (a) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. (b) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. (c) In any action subject to subdivision (a): (1) A defendant may bring a special motion to strike any cause of action within 60 days of the service of the complaint, or in the court's discretion, at any later time. (2) Except as provided for in paragraph (2), all discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. ``` **Fee-shifting.** If the anti-SLAPP motion is granted, the defendant is entitled to attorney's fees and costs (§ 425.16(c)). If the motion is frivolous or brought solely for delay, the plaintiff may recover fees (§ 425.16(c)(1)). --- ### CCP §§ 430.10–430.80 — Demurrer **Summary.** A demurrer challenges the legal sufficiency of a pleading without traversing its facts. Grounds include: no cause of action stated (§ 430.10(e)), uncertainty (§ 430.10(f)), and statutory bar (§ 430.10(a)). A demurrer must be filed within 30 days of service of the complaint (§ 412.20) or within the response period extended by stipulation. **Meet and confer.** Before filing a demurrer, the demurring party must meet and confer (§ 430.41). The declaration of meet and confer must accompany the demurrer. **Cross-reference:** CRC 3.1320; see `CRC-Title-3-Civil-Rules.md` Rule 3.1320. --- ### CCP §§ 435–437 — Motion to Strike **Summary.** A motion to strike may strike any "irrelevant, false, or improper" matter from a pleading (§ 435). Timing parallels the demurrer deadline. A motion to strike prayer for punitive damages (§ 435(b)(1)) is commonly used to test whether the complaint alleges the specific pleading required by § 3294 of the Civil Code. --- ## Part 4 — Time for Response ### CCP § 412.20 — Time to Respond to Summons **Summary.** A defendant served with a summons and complaint in California has 30 days to respond (answer, demur, or move to strike). Service outside California but within the U.S. gives 40 days; service outside the U.S. gives 60 days. These are the base periods; parties frequently stipulate to extensions. --- ## Part 5 — Motions ### CCP § 1005 — Notice Periods for Motions **Summary.** CCP § 1005 is the primary statutory authority for motion notice periods. Subdivisions (b)–(c) prescribe the baseline notice periods that CRC 3.1300 implements. When a CCP provision and CRC rule prescribe different periods, the CCP controls. ``` (b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The opposing party shall serve and file any opposing papers at least nine court days and the moving party shall serve and file any reply papers at least five court days before the hearing. However, if the notice is served by mail, these minimum periods of notice shall be increased by five calendar days for service within California, 10 calendar days for service by mail from outside California to any place inside California, and 20 calendar days for service by mail from outside the United States to any place inside California. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, these minimum periods of notice shall be increased by two court days. ``` --- ### CCP § 1008 — Motion for Reconsideration **Summary.** A motion for reconsideration of an order may be brought within 10 days of service of written notice of entry of the order, based on new facts, circumstances, or law (§ 1008(a)). A renewed motion (§ 1008(b)) may be made at any time before final judgment, based on a different state of facts. Courts strictly enforce § 1008; the "new or different facts" standard bars reconsideration based on evidence that was available but not presented. --- ### CCP § 1010.6 — Electronic Service **Summary.** Electronic service is authorized where consented to; service extends deadlines by two court days (§ 1010.6(a)(3)(B)). Mandatory e-service courts must provide a mechanism for parties who cannot use electronic service. --- ## Part 6 — Default and Relief ### CCP § 473 — Relief from Default / Dismissal **Summary.** The broadest relief provision in California procedure. A court may relieve a party from a judgment, order, or other proceeding taken against the party "through mistake, inadvertence, surprise, or excusable neglect" on application within a "reasonable time" not exceeding 6 months from entry. ``` (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or other proceeding was taken. Mandatory relief: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any: (1) resulting default entered by the clerk against his or her client; (2) resulting default judgment entered against his or her client; unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. ``` **Practice note.** § 473(b) has both a discretionary prong (excusable neglect) and a mandatory prong (attorney affidavit). The mandatory prong compels relief if the attorney attests to personal mistake; the court lacks discretion to deny. Use the mandatory prong whenever an attorney missed a deadline. --- ### CCP § 473.5 — Relief When Service Insufficient **Summary.** If a defendant was not personally served and did not have actual notice of the action in time to defend, the defendant may move to set aside the default and default judgment within 2 years of entry of judgment, or 180 days after notice of the judgment, whichever is earlier. --- ## Part 7 — Summary Judgment ### CCP § 437c — Motion for Summary Judgment / Summary Adjudication **Summary.** The California summary judgment statute. A motion for summary judgment may be made by any party. The moving party has the initial burden of showing there is no triable issue of material fact. The burden then shifts to the opposing party to show a triable issue. Summary adjudication of individual causes of action, defenses, claims for damages, or issues of duty may be granted independently. ``` (a) Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense thereto. The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct. Notice of the motion shall be served on all parties to the action at least 75 days before the time appointed for hearing. If the notice is served by mail, the required 75-day period of the notice shall be increased by five calendar days if the place of address is within California. (c) [Summary adjudication:] A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense thereto, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (p) If a court grants summary adjudication, the court shall note its decision as to the motion for summary judgment in the minutes. ``` **Key practice points:** - 75-day notice (not 16 court days) — add 5 cal. days for mail, 2 court days for e-service - Separate statements mandatory (CRC 3.1350) - Memo limit: 20 pages (CRC 3.1113(c)) - Earliest filing: 60 days after general appearance of each defendant **Cross-reference:** CRC 3.1350; CRC 3.1354; `CRC-Title-3-Civil-Rules.md`. --- ## Part 8 — Discovery (Civil Discovery Act) **Cross-reference:** The Civil Discovery Act (CCP §§ 2016.010–2036.050) is the comprehensive discovery statute. Key sections are summarized below; detailed treatment is in `../../ca-statutes-debt/` for debt-specific discovery provisions. ### CCP § 2016.010 — Short Title The Civil Discovery Act governs all discovery in California civil actions. ### CCP § 2016.040 — Meet and Confer **Summary.** Before bringing any discovery motion, the moving party must "meet and confer" with the opposing party in good faith to resolve the dispute. The meet and confer must be in person, by telephone, or by letter; email alone is insufficient for most courts. The meet-and-confer declaration must be filed with every discovery motion. ### CCP § 2017.010 — Scope of Discovery **Summary.** Parties may obtain discovery regarding any matter not privileged that is relevant to the subject matter of the pending action. "Relevance" is broader for discovery than for admissibility. Proportionality (burden vs. benefit) applies. ### CCP § 2023.010 — Discovery Misuse — Sanctions **Summary.** Misuse of the discovery process includes (among other things): failure to respond, evasive responses, raising unjustified objections, failing to meet and confer, and filing frivolous discovery motions. Sanctions include monetary sanctions, issue sanctions, evidence sanctions, and terminating sanctions. ### CCP §§ 2030.010–2030.310 — Interrogatories (Form and Special) **Summary.** A party may propound up to 35 specially prepared interrogatories without leave of court (§ 2030.030(a)(1)). Additional interrogatories require a declaration of necessity. Judicial Council form interrogatories (DISC-001 through DISC-025) do not count against the 35-interrogatory limit. ### CCP §§ 2031.010–2031.320 — Requests for Production of Documents **Summary.** Documents, electronically stored information (ESI), and tangible things may be demanded by written request. The responding party must produce, state they will comply, or object to each category. Objection on grounds of burden, privacy, or privilege must be specific. ### CCP §§ 2033.010–2033.420 — Requests for Admission (RFAs) **Summary.** A party may request that the opposing party admit the truth of facts, the application of law to fact, or the genuineness of documents. A matter admitted is conclusively established for the action. If a party denies an RFA and the requesting party later proves the matter, the denying party must pay the reasonable expenses of proof (§ 2033.420). ### CCP §§ 2025.010–2025.620 — Depositions **Summary.** Any party may take the deposition of any person, including a party, by oral examination. Non-party depositions require a deposition subpoena. The deponent must bring documents described in the deposition notice or subpoena duces tecum. A corporate or organizational deponent may be deposed through its designated representative (§ 2025.230, "PMK" — Person Most Knowledgeable). --- ## Part 9 — New Trial, Judgment NOV, and Appeal Triggers ### CCP § 629 — Judgment Notwithstanding Verdict (JNOV) **Summary.** A party may move for JNOV within 15 days of the date the clerk mails notice of entry of judgment (§ 629). A JNOV motion extends the time to appeal under CRC 8.108. ### CCP §§ 657–663 — New Trial **Summary.** Grounds for new trial include: irregularity in the proceedings, juror misconduct, accident or surprise, newly discovered evidence, excessive or inadequate damages, insufficiency of the evidence, and error in law. The notice of intention to move for new trial must be filed within 15 days of notice of entry of judgment (§ 659). A new trial motion extends the time to appeal under CRC 8.108. --- ## Cross-Reference Table (Civil Practice CCP vs. CRC) | Procedure | CCP Section | CRC Rule | |---|---|---| | Time computation | §§ 12, 12a, 12c | — | | Service methods | §§ 415.10–417.40 | — | | Motion notice periods | § 1005(b) | 3.1300 | | Ex parte applications | — | 3.1302 | | Electronic service | § 1010.6 | 2.251 | | Demurrer | §§ 430.10–430.80 | 3.1320 | | Motion to strike | §§ 435–437 | 3.1322 | | Anti-SLAPP | § 425.16 | 3.1323 | | Relief from default | §§ 473–473.5 | — | | Summary judgment | § 437c | 3.1350–3.1354 | | Discovery scope | § 2017.010 | 3.1000 | | Interrogatories | §§ 2030.010–2030.310 | 3.1345 | | Document demands | §§ 2031.010–2031.320 | 3.1345 | | RFAs | §§ 2033.010–2033.420 | 3.1345 | | Depositions | §§ 2025.010–2025.620 | 3.1010 | | New trial | §§ 657–663 | — | | JNOV | § 629 | — | | Enforcement | §§ 683–724 | — |