How the California Code of Civil Procedure Works

The California Code of Civil Procedure is the statutory rulebook for civil lawsuits in state court, covering every stage from filing a complaint through collecting on a judgment. It’s organized in roughly the order a case unfolds: jurisdiction and venue first, then commencing an action, service, responsive pleadings, discovery, pretrial motions, trial, post-trial motions, appeals, and enforcement. If you know where your case stands, you can generally find the section that governs your next step.

How the Code Is Organized

The CCP opens with general provisions on jurisdiction, venue, and the authority of California courts, then moves through the lifecycle of a lawsuit in sequence. Separate parts address enforcement of judgments, provisional remedies such as temporary restraining orders, and special proceedings including arbitration.

The code doesn’t work alone. The California Evidence Code controls what proof comes in at trial, and the California Rules of Court fill in procedural details the statutes don’t cover, particularly around appeals and electronic filing. When a CCP section sets a deadline or a form of relief, a Rule of Court often supplies the mechanics.

Filing a Civil Lawsuit

A civil case begins when a plaintiff files a complaint with the court.1California Legislative Information. California Code of Civil Procedure 411.10 – Commencing Civil Actions The complaint sets out the factual allegations and legal theories. Filing requires paying a fee that varies by case type. For unlimited civil cases—disputes over $35,000—the statewide filing fee is $435 as of January 1, 2026, and a defendant filing an answer in an unlimited case pays the same amount.2California Courts. Statewide Civil Fee Schedule Effective January 1, 2026 Limited civil cases and small claims filings carry lower fees.

Individuals suing in small claims court can seek up to $12,500 in damages without needing a lawyer.3California Legislative Information. California Code of Civil Procedure 116.221 Small claims procedure is simpler and faster, but the trade-off is a lower recovery cap and no right to a jury.

Electronic Filing

Many California courts now require electronic filing in civil cases. Rule 2.253 of the California Rules of Court allows a court to adopt a local rule mandating e-filing for all civil actions, for specific case categories like personal injury or collections, or for 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. Any party required to e-file who can show undue hardship may ask permission to file conventionally.

Statutes of Limitations

Every civil claim has a filing deadline, and missing it almost always kills the case. The clock starts when the harm occurs, or in certain claims, when you discover it.

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 underlying event happened. This comes up in fraud and professional malpractice cases. CCP 337 explicitly provides that in rescission actions based on fraud or mistake, the time doesn’t begin to run until the aggrieved party discovers the facts constituting the fraud.6California Legislative Information. California Code of Civil Procedure 337 The rule isn’t unlimited. Once you have enough information to suspect something went wrong, the clock starts whether or not you investigate further.

Service of Process

Filing alone doesn’t bring the defendant into the case. The plaintiff must serve the summons and complaint so the defendant has notice and a chance to respond. Using the wrong method can derail a case before it starts.

Methods of Service

The most straightforward method is personal delivery, where someone physically hands the documents to the defendant. Service is complete at the moment of delivery.8California Legislative Information. California Code of Civil Procedure – Manner of Service of Summons

When personal delivery isn’t possible after reasonable effort, substituted service is an alternative. That means leaving the documents with a responsible adult (at least 18) at the defendant’s home, workplace, or usual mailing address, and 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 along 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 of doing so.9California Legislative Information. California Code of Civil Procedure 415.30

Deadlines for Service

The California Rules of Court require 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. Separately, the CCP imposes a hard outer limit of three years from the filing date to complete service; failure results in mandatory dismissal. In practice the 60-day rule is the pressure point, because courts actively monitor it.

Responding to a Complaint

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

Demurrers

A demurrer challenges the legal sufficiency of the complaint without disputing the underlying facts. It argues, in effect, that even if everything the plaintiff says is true, it isn’t 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 subject-matter jurisdiction, 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 refile an amended version. Courts rarely throw out a case on the first demurrer without giving the plaintiff at least one shot at a rewrite. If the defect can’t be cured, a sustained demurrer without leave to amend ends the case.

Answers

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

Discovery

Discovery is the pretrial information-gathering phase, and California gives it broad reach. Parties can seek any nonprivileged information relevant to the claims or defenses, even if it wouldn’t be admissible at trial, as long as it appears reasonably calculated to lead to admissible evidence.11California Legislative Information. California Code of Civil Procedure 2017.010 Courts can issue protective orders when the tools get abused.

The main discovery devices are interrogatories, requests for production, requests for admissions, and depositions. Interrogatories are written questions the other side must answer under oath within 30 days of service.12California Legislative Information. California Code of Civil Procedure 2030.260 Requests for production demand documents, electronically stored information, or tangible items. Requests for admissions ask the other side to admit or deny specific statements, narrowing the issues for trial. Depositions are in-person questioning of witnesses under oath, recorded by a court reporter, and are the main tool for pinning down a witness’s story before trial.

Expert Witness Exchange

Once a trial date is set, any party may demand a simultaneous exchange of expert witness information. The demand must be 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.13California Legislative Information. California Code of Civil Procedure 2034.220 The exchange itself must happen 50 days before trial or 20 days after the demand is served, whichever is closer. Simultaneous disclosure prevents either side from previewing the other’s expert strategy.

Pretrial Motions

Before trial, either side may file motions asking the court to resolve all or part of the dispute. Two of the most consequential in California practice are summary judgment and the anti-SLAPP motion to strike.

Summary Judgment

A motion for summary judgment asks the court to decide the case, or specific claims within it, without a trial, on the theory that the undisputed facts entitle the moving party to win as a matter of law. Under CCP 437c, a party can file 60 days after all targeted parties have made a general appearance.14California Legislative Information. California Code of Civil Procedure 437c

The timeline is strict. The moving party must serve the motion and supporting papers at least 81 days before the hearing, with extra days added for certain service methods. The opposing party’s papers are due 20 days before the hearing, and any reply must be served 11 days before.14California Legislative Information. California Code of Civil Procedure 437c The hearing itself must occur no later than 30 days before the trial date unless the court orders otherwise. A motion served even a day late can be thrown out.

Anti-SLAPP Motions

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 425.16.15California Legislative Information. California Code of Civil Procedure 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 on the claim. If the plaintiff can’t clear that hurdle, the court strikes the claim. All discovery is automatically stayed once the motion is filed, and the stay remains until the court rules.15California 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 motion must pay the plaintiff’s fees and costs.

Mediation and Removing an Assigned Judge

Not every case goes to trial, and not every judge stays on the case. Under the current version of CCP 1775.5, a court cannot order a case into mediation if the amount in controversy exceeds $50,000.16California Legislative Information. California Code of Civil Procedure 1775.5 In determining that threshold, the court looks at the claimed value of the dispute without weighing the merits. This section is set to be repealed and replaced on January 1, 2027, with new rules that expand court-ordered mediation and raise the dollar threshold. Parties can voluntarily mediate at any time, and many local court rules provide mediation programs.

California also 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.17California 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 per case, and it must be used before jury selection begins or, in a bench trial, before opening statements.

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 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 alone in a bench trial.

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

After the Verdict

Losing at trial doesn’t necessarily end the fight. California provides several ways to challenge a judgment before resorting to the appellate courts.

Motions for New Trial and to Vacate

A motion for new trial under CCP 657 asks the trial court to throw out the verdict and start over. Grounds include jury misconduct, newly discovered evidence that couldn’t have been found before trial with reasonable effort, excessive or inadequate damages, insufficient evidence, 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 the court grants the motion, it enters a different judgment rather than ordering a whole new trial.

Appeals

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 court may affirm the judgment, reverse it, or send the case back for further proceedings. Because appellate courts rely entirely on what happened below, mistakes made during trial that weren’t preserved through timely objections are usually waived on appeal.

Enforcing a Judgment

Winning a judgment and actually collecting money are two very different experiences. The court doesn’t collect for you; you have to use the enforcement tools the CCP provides. Interest accrues on unpaid judgments at 10% per year from the date of the court’s decision, which gives debtors a financial incentive to pay promptly.

The main enforcement methods include bank levies and wage garnishments through a writ of execution, which lets you seize funds from the debtor’s bank account or garnish a portion of their wages through the county sheriff. Recording an abstract of judgment with the county recorder creates a lien on any real property the debtor owns in that county; the lien attaches and must be satisfied if the debtor sells or refinances. If you don’t know what assets the debtor has, you can file a motion compelling a debtor examination, requiring the debtor to appear in court and answer questions about income and property under oath. For judgments arising from auto accidents, you may be able to suspend the debtor’s driver’s license, and judgments against licensed professionals can lead to professional license suspension in some circumstances.

Court fees, service fees, and sheriff’s fees incurred during collection can be added to the judgment amount as long as you do so within two years of when those costs were incurred and before filing a satisfaction of judgment. The process 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.