How the California Code of Civil Procedure Works

The California Code of Civil Procedure is the state’s statutory rulebook for civil lawsuits, setting out every step from filing a complaint through collecting on a judgment. It is organized roughly in the order a case moves: commencing an action, serving the other side, responding, conducting discovery, going to trial, and dealing with what comes after a verdict. Separate parts handle enforcement of judgments, provisional remedies like temporary restraining orders, and special proceedings such as arbitration.

What the Code Covers and How It’s Arranged

The code opens with general provisions on jurisdiction, venue, and the basic authority of California courts, then follows the lifecycle of a lawsuit in roughly chronological order. That structure means you can usually find what you need by thinking about where your case stands. Just got sued? Look at responsive pleadings and demurrers. Won at trial but haven’t been paid? Turn to enforcement of judgments.

The code doesn’t operate alone. The California Evidence Code controls what proof comes in at trial, and the California Rules of Court fill in procedural details the statutes leave open, particularly for appeals and electronic filing.

Starting a Case: Filing and Fees

A civil action begins when the plaintiff files a complaint with the court clerk.1California Legislative Information. California Code of Civil Procedure 411.10 – Commencing Civil Actions The complaint lays out the factual allegations and the legal theories supporting the claim. Filing requires a fee that varies by case type. For unlimited civil cases, meaning disputes over $35,000, the statewide filing fee is $435 as of January 1, 2026.2California Courts. Statewide Civil Fee Schedule Effective January 1, 2026 A defendant filing an answer in an unlimited civil case pays the same $435. Limited civil cases and small claims filings carry lower fees.

Individuals suing in small claims court can seek up to $12,500 without a lawyer.3California Legislative Information. California Code of Civil Procedure 116.221 Small claims procedures are simpler and faster, with a lower recovery cap and no right to a jury.

Many California courts now require electronic filing in civil cases. Under Rule 2.253 of the California Rules of Court, a court may adopt a local rule mandating e-filing for all civil actions, specific case categories like personal injury or collections, or complex and coordinated cases.4Judicial Branch of California. Rule 2.253 – Permissive Electronic Filing, Mandatory Electronic Filing, and Electronic Filing by Court Order Self-represented parties are exempt from mandatory e-filing. If you have an attorney, expect to e-file in most metropolitan courts. A party required to e-file who can show undue hardship may ask permission to file conventionally.

Statutes of Limitations

Every type of civil claim has a filing deadline, and missing it almost always kills the case. The clock usually starts when the harm occurs, though in some situations it starts when you discover it. A few of the most common deadlines:

Sometimes the harm isn’t obvious right away. California applies a “discovery rule” in certain claims, meaning the limitations clock starts when you discover or reasonably should have discovered the problem rather than when the event happened. This comes up frequently in fraud and professional malpractice cases. CCP 337 provides, for instance, that in rescission actions based on fraud or mistake, the time does not begin to run until the aggrieved party discovers the facts constituting the fraud.6California Legislative Information. California Code of Civil Procedure 337 The rule doesn’t give you unlimited time; once you have enough information to suspect something went wrong, the clock starts whether you investigate further or not.

Serving the Defendant

Filing the complaint doesn’t bring the defendant into the case. The plaintiff must serve the defendant with the summons and complaint so the defendant knows about the suit and has a chance to respond. California recognizes several methods, and using the wrong one can derail a case before it starts.

The most direct method is personal delivery, where someone physically hands the documents to the defendant. Service is complete at the moment of delivery. When personal delivery isn’t possible after reasonable effort, substituted service is an alternative: leaving the documents with a responsible adult at least 18 years old at the defendant’s home, workplace, or usual mailing address, then mailing a copy by first-class mail. Substituted service is deemed complete 10 days after the mailing.8California Legislative Information. California Code of Civil Procedure – Manner of Service of Summons

Service by mail with acknowledgment of receipt is another option. The plaintiff mails the summons and complaint with an acknowledgment form and a prepaid return envelope. If the recipient signs and returns the acknowledgment, service is complete on the date they signed. If they ignore it, the plaintiff must use another method and can recover the added costs.9California Legislative Information. California Code of Civil Procedure 415.30

California Rules of Court require that the complaint be served and proof of service filed within 60 days after filing. Missing that deadline can prompt the court to issue an order to show cause why the case shouldn’t be dismissed. The CCP also imposes an outer limit of three years from the date the complaint is filed to complete service, and failing to serve within three years results in mandatory dismissal. In practice, the 60-day rule is the one that creates urgency, since courts actively monitor compliance.

Responding to a Complaint

A served defendant generally has 30 days to respond. The two main responses are an answer and a demurrer, and the right choice depends on what’s wrong with the plaintiff’s case.

A demurrer challenges the legal sufficiency of the complaint without disputing the facts. The argument is essentially: even if everything you say is true, this is not a valid lawsuit. Under CCP 430.10, a defendant can demur on several grounds, including that the complaint doesn’t state enough facts to support a legal claim, that the court lacks jurisdiction over the subject matter, that the plaintiff lacks legal capacity to sue, or that the same lawsuit is already pending between the same parties.10California Legislative Information. California Code of Civil Procedure 430.10 If the court sustains a demurrer, the plaintiff usually gets a chance to fix the complaint and file an amended version. Courts rarely throw out a case on the first demurrer without granting leave to amend, but if the defect can’t be cured, a sustained demurrer without leave to amend ends the case.

An answer addresses the complaint’s allegations point by point, admitting, denying, or claiming insufficient knowledge to respond. The answer also raises affirmative defenses, which are independent reasons the defendant shouldn’t be liable even if the plaintiff’s factual claims are true. Common examples include the statute of limitations, comparative fault, and failure to mitigate damages.

Pretrial Motions: Summary Judgment and Anti-SLAPP

Before trial, either side can file motions asking the court to resolve all or part of the dispute. Two matter most.

A motion for summary judgment asks the court to decide the case, or specific claims within it, without a trial, arguing that the undisputed facts entitle the moving party to win as a matter of law. Under CCP 437c, a party can file this motion 60 days after all targeted parties have made a general appearance.11California Legislative Information. California Code of Civil Procedure 437c The timing requirements for serving the motion, opposition, and reply are strict, and the hearing must occur no later than 30 days before trial unless the court orders otherwise. A motion served even one day late can be thrown out.

California’s anti-SLAPP statute protects people from being sued over protected speech or petitioning activity. If someone sues you based on something you said or did in connection with a public issue or a government proceeding, you can file a special motion to strike under CCP 425.16. The court applies a two-step test. First, the defendant must show the lawsuit targets protected activity. If so, the burden shifts to the plaintiff to demonstrate a probability of prevailing. If the plaintiff can’t clear that hurdle, the court strikes the claim. All discovery in the case is automatically stayed once the motion is filed and remains stayed until the court rules.12California Legislative Information. California Code of Civil Procedure 425.16 A defendant who wins is entitled to recover attorney’s fees and costs from the plaintiff. A defendant who files a frivolous anti-SLAPP motion must pay the plaintiff’s fees and costs.

Discovery

Discovery is the pretrial information-gathering phase, and the CCP gives it a broad reach. Parties can seek any nonprivileged information relevant to the claims or defenses, even if that information wouldn’t be admissible at trial, as long as it appears reasonably calculated to lead to admissible evidence.13California Legislative Information. California Code of Civil Procedure 2017.010 Courts can issue protective orders to prevent abuse.

The main tools are interrogatories (written questions answered under oath within 30 days of service),14California Legislative Information. California Code of Civil Procedure 2030.260 requests for production of documents and electronically stored information, requests for admissions that narrow the issues for trial, and depositions, which are in-person questioning of witnesses under oath with testimony recorded by a court reporter.

Expert witnesses are handled through a separate exchange process. Once a trial date is set, any party may demand a simultaneous exchange of expert witness information, with the demand made no later than the 10th day after the initial trial date is set or 70 days before trial, whichever is closer to the trial date.15California Legislative Information. California Code of Civil Procedure 2034.220 All parties disclose simultaneously, so no one gets a preview of the other side’s expert strategy.

Removing an Assigned Judge

California gives every party one free shot at removing a judge. Under CCP 170.6, a party can file a peremptory challenge by sworn statement asserting that the assigned judge is prejudiced, without needing to prove actual bias.16California Legislative Information. California Code of Civil Procedure 170.6 For cases assigned to a judge for all purposes, the challenge must be filed within 15 days of receiving notice of the assignment. In master-calendar courts, the challenge must be made no later than when the case is assigned for trial. Each side gets only one peremptory challenge per case, and it must be used before jury selection begins or, in a bench trial, before opening statements.

Mediation and Other ADR

Not every civil case goes to trial. California courts actively encourage and sometimes require mediation or other forms of alternative dispute resolution. Under the current version of CCP 1775.5, a court cannot order a case into mediation if the amount in controversy exceeds $50,000.17California Legislative Information. California Code of Civil Procedure 1775.5 When determining that threshold, the court looks at the claimed value of the dispute without weighing the merits of liability or defenses. The provision is set to be repealed and replaced on January 1, 2027, with new rules that expand court-ordered mediation and raise the dollar threshold. Outside court-ordered mediation, parties can voluntarily agree to mediate at any time, and many local court rules provide mediation programs for cases of all sizes.

Trial and Judgment

Trial by jury is a constitutional right in California civil cases. Under Article I, Section 16 of the California Constitution, either party can demand a jury, and three-fourths of the jurors (rather than a unanimous panel) can render a verdict.18Justia. California Constitution Article I – Section 16 Civil juries consist of 12 members unless the parties agree to fewer. If neither side requests a jury, the case is decided by a judge in a bench trial.

Both sides present opening statements, call witnesses, introduce evidence, and make closing arguments. The California Evidence Code controls what the jury or judge can consider, including rules on relevance, hearsay, and expert testimony. After both sides rest, the jury or judge deliberates and renders a verdict, and the court enters judgment accordingly.

Challenging a Judgment: New Trial, Vacatur, and Appeal

Losing at trial doesn’t necessarily end the fight. The CCP provides ways to challenge a judgment in the trial court before resorting to the appellate courts.

A motion for new trial under CCP 657 asks the trial court to throw out the verdict and start over. The grounds include jury misconduct, newly discovered evidence that couldn’t have been found before trial with reasonable effort, excessive or inadequate damages, insufficient evidence to support the verdict, and errors of law during trial.19California Legislative Information. California Code of Civil Procedure 657

A motion to vacate under CCP 663 is narrower. It applies when the judgment rests on an incorrect legal basis that the facts don’t support, or when the judgment doesn’t match the jury’s special verdict.20California Legislative Information. California Code of Civil Procedure 663 If granted, the court enters a different judgment rather than ordering a whole new trial.

If post-judgment motions don’t resolve the problem, the losing party can appeal. The California Rules of Court set strict deadlines: a notice of appeal must be filed within 60 days after the clerk or a party serves a notice of entry of judgment, or within 180 days after the judgment is entered if no one serves that notice.21Judicial Branch of California. California Rules of Court – Title Eight, Appellate Rules No court can extend these deadlines, and a late notice requires dismissal.

An appeal is not a second trial. The appellate court reviews the trial record to determine whether legal errors affected the outcome. It doesn’t hear new witnesses or consider new evidence. The appellate court may affirm the judgment, reverse it, or send the case back to the trial court for further proceedings. Mistakes made during trial that weren’t properly preserved through timely objections are usually waived on appeal.

Collecting on a Judgment

Winning a judgment and collecting money are two different experiences. The court doesn’t collect for you; you use the enforcement tools the CCP provides. Interest accrues on unpaid judgments at 10% per year from the date of the court’s decision.

The main enforcement methods include bank levies and wage garnishments through a writ of execution served by the county sheriff; liens on real property, created by recording an abstract of judgment with the county recorder, which attach to any real property the debtor owns in that county and must be satisfied if the debtor sells or refinances; debtor examinations, where you file a motion compelling the debtor to appear in court and answer questions about income and property under oath; and license suspensions for judgments arising from auto accidents, with professional license suspensions available in some circumstances for judgments against licensed professionals.

Court fees, service fees, and sheriff’s fees incurred during collection can be added to the judgment amount, provided you do so within two years of when those costs were incurred and before filing a satisfaction of judgment. Enforcement can be slow when debtors have limited assets, but the tools exist to make a judgment worth more than the paper it’s printed on.