Sections
Chapter 1 The Time of Commencing Actions in General 312 – 313
Chapter 2 The Time of Commencing Actions for the Recovery of Real Property 315 – 330
Chapter 3 The Time of Commencing Actions Other Than for the Recovery of Real Property 335 – 349.4
Chapter 4 General Provisions as to the Time of Commencing Actions 350 – 363
Chapter 5 The Commencement of Actions Based Upon Professional Negligence 364 – 365
Chapter 6 Time of Commencement of Action After Person’s Death 366.1 – 366.3

Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 2

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Acquire: means acquisition by purchase, grant, gift, or any other lawful means. See California Government Code 12962
  • action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See California Government Code 13103
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmative actions: means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability. See California Government Code 31646.1
  • Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 31644
  • agency: means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:

    California Civil Code 1798.3

  • Aggrieved person: includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur. See California Government Code 31646.1
  • Alarm agent: means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Government Code 50622
  • Alarm system: means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police may respond. See California Government Code 50622
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeals board: means the Workers' Compensation Appeals Board. See California Government Code 13079
  • Appointive property: means the property or interest in property that is the subject of the power of appointment. See California Unemployment Insurance Code 9802.5
  • apprentice: as used in this chapter , means a person at least 16 years of age who has entered into a written agreement, in this chapter called an "apprentice agreement" with an employer or program sponsor. See California Government Code 12975
  • Armed forces: means the United States Air Force, Army, Navy, Marine Corps, or Coast Guard. See California Education Code 45294
  • Arrest: Taking physical custody of a person by lawful authority.
  • arts: includes , but is not limited to, all of the following: dance. See California Education Code 45198
  • Association: means any corporation organized under this part. See California Education Code 38131
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: as used in this chapter means the board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city. See California Government Code 50798.3
  • Bonds: as used in this chapter means the written evidence of any obligation incurred by the board payable out of revenues as provided in this chapter in order to secure funds with which to carry out the purposes of this chapter irrespective of the form of such obligation whether in the form of bonds, notes, debentures, interest bearing certificates or other forms prescribed by the board. See California Government Code 50798.1
  • Bureau: means the Bureau of Security and Investigative Services. See California Government Code 50622
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Government Code 50622
  • Child development program: means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. See California Education Code 45209
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • city: means any city, town, or municipal corporation incorporated under the laws of this State. See California Water Code 8002
  • city council: includes the legislative body of any city by whatever name it may be designated. See California Water Code 8003
  • Classification: means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. See California Education Code 45101
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
  • costs: includes only the following:

    California Education Code 25003

  • Council: means the Fair Employment and Housing Council and "council member" means a member of the council. See California Government Code 31643
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Government Code 14105.6
  • Creating instrument: means the deed, will, trust, or other writing or document that creates or reserves the power of appointment. See California Unemployment Insurance Code 9802.5
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Critical infrastructure controls: means networks and systems controlling assets so vital to the state that the incapacity or destruction of those networks, systems, or assets would have a debilitating impact on public health, safety, economic security, or any combination thereof. See California Government Code 13002
  • Critical infrastructure information: means information not customarily in the public domain pertaining to any of the following:

    California Government Code 13002

  • Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles. See California Government Code 50622
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • Demotion: means assignment to an inferior position or status, without the employee's written voluntary consent. See California Education Code 45101
  • Department: means the Department of Technology. See California Government Code 13002
  • Department: means the Department of Fair Employment and Housing. See California Government Code 31643
  • department: refer to the Director and Department of Finance, respectively, unless the context otherwise requires. See California Government Code 13001
  • Department: means the Department of Consumer Affairs. See California Government Code 50622
  • Devise: To gift property by will.
  • Director: means the Director of Emergency Services. See California Government Code 12962
  • director: means the Director of Emergency Services. See California Government Code 12974
  • Director: means the Director of Fair Employment and Housing. See California Government Code 31643
  • Director: means the Director of Consumer Affairs. See California Government Code 50622
  • Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
  • Disciplinary action: includes any action whereby an employee is deprived of any classification or any incident of any classification in which he has permanence, including dismissal, suspension, demotion, or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds. See California Education Code 45101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 31646.1
  • Donor: The person who makes a gift.
  • Early primary program: means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. See California Education Code 45209
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Government Code 50622
  • Employer: includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:

    California Government Code 31644

  • Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Government Code 50622
  • employer: means :

    California Labor Code 3300

  • Employment agency: includes any person undertaking for compensation to procure employees or opportunities to work. See California Government Code 31644
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • environment: means the aggregate of all factors that influence the conditions of life in or about the state or within any portion thereof, and which are affected by the use of pesticides or related materials within the state. See California Health and Safety Code 101090
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • evidence: means any paper, book, map, account, or document. See California Water Code 1076
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee: includes any monetary exaction imposed or collected for or as a condition precedent to the issuing, making, taking or securing of any permit, filing, examination, or inspection. See California Government Code 13140
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Firearms permit: means a permit issued by the bureau, pursuant to Article 6 (commencing with Section 7596), to a licensee, a qualified manager, or an alarm agent, to carry an exposed firearm while on duty. See California Government Code 50622
  • Firefighting apparatus and equipment: means any vehicle and its associated equipment that is designed and intended for use primarily for firefighting. See California Government Code 12962
  • Fishery products: includes fish, crustaceans, mollusks, and marine products for human consumption. See California Education Code 38131
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fund: means State Compensation Insurance Fund. See California Government Code 13079
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gender: means sex, and includes a person's gender identity and gender expression. See California Government Code 31644
  • Gender expression: means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. See California Government Code 31644
  • Genetic information: includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. See California Government Code 31644
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Housing accommodation: means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied. See California Government Code 31646.1
  • Indirect expenses: means those items that are identified as indirect costs in the federal Office of Management and Budget, Circular A-87 on January 1, 1985. See California Government Code 12962
  • individual: means a natural person. See California Civil Code 1798.3
  • infrastructure: means real property, including land and improvements to the land, structures and equipment integral to the operation of structures, easements, rights-of-way and other forms of interest in property, roadways, and water conveyances. See California Government Code 13101
  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Public Utilities Code 102244
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Labor organization: includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. See California Government Code 31644
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Government Code 50622
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local agency: means any city, county, special district, or any joint powers agency composed exclusively of those agencies, that provides fire suppression services. See California Government Code 12962
  • Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • maintain: includes maintain, acquire, use, or disclose. See California Civil Code 1798.3
  • Medical condition: means either of the following:

    California Government Code 31644

  • Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See California Education Code 38131
  • Mental disability: includes , but is not limited to, all of the following:

    California Government Code 31644

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Office: means the Office of Emergency Services. See California Government Code 12962
  • office: means the Office of Emergency Services. See California Government Code 12974
  • Office: means the Office of Emergency Services. See California Government Code 13002
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof. See California Government Code 31646.1
  • permanent employee: includes tenure in the classification in which the employee passed the required probationary period, and includes all of the incidents of that classification. See California Education Code 45101
  • Permit: includes application, license, certificate, or authorization. See California Government Code 13140
  • person: means any natural person, corporation, partnership, limited liability company, firm, or association. See California Civil Code 1798.3
  • Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 31643
  • Person: means any individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Government Code 50622
  • personal information: means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. See California Civil Code 1798.3
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Portfolio material: means a selection of representative samples of the child's performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child's progress over time. See California Education Code 45209
  • Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See California Unemployment Insurance Code 9802.5
  • Powerholder: means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved. See California Unemployment Insurance Code 9802.5
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • proceeding: means any inquiry, investigation, hearing, ascertainment, or other proceeding ordered or undertaken by the board pursuant to this code. See California Water Code 1075
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public entity: means the state, a county, city, district, public authority, public agency, and any other political subdivision in the state. See California Code of Civil Procedure 708.710
  • Quorum: The number of legislators that must be present to do business.
  • Real estate-related transactions: include any of the following:

    California Government Code 31646.1

  • Recess: A temporary interruption of the legislative business.
  • Reclassification: means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position. See California Education Code 45101
  • record: means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual's name, photograph, finger or voice print, or a number or symbol assigned to the individual. See California Civil Code 1798.3
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registrant: means any person registered or who has applied for registration under this chapter. See California Government Code 50622
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenue: as used in this chapter shall mean all fees, rates, charges, rentals or other income and revenue actually received or receivable by or for the account of the board from the operation of any particular project including without limiting the generality of the foregoing interest allowed on any moneys or securities and any proceeds derived from the sale of any securities and any consideration in any way derived from the particular project owned, operated or maintained by the board. See California Government Code 50798.2
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Rural area: means territory that is outside of any urbanized area designated by the United States Census Bureau from the 1980 federal census. See California Government Code 12962
  • School district: includes county offices of education. See California Education Code 45209
  • Secretary: means the secretary of each state agency as set forth in subdivision (a) of Section 12800. See California Government Code 13002
  • Sex: includes , but is not limited to, the following:

    California Government Code 31644

  • Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 31644
  • Source of income: means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. See California Government Code 31646.1
  • State: means the State of California. See California Code of Civil Procedure 708.710
  • State agency: means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California. See California Government Code 13079
  • State agency: means a state office, officer, department, division, bureau, board, commission or agency claims against which are paid by warrants drawn by the Controller. See California Code of Civil Procedure 708.710
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • stream system: includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream following through known and definite channels. See California Water Code 1205
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Venue: The geographical location in which a case is tried.
  • Veteran: as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, proof of which shall be submitted to the commission at the time of the examination. See California Education Code 45294
  • water: includes the term "use of water. See California Water Code 1000
  • Water Commission Act: means Chapter 586, Statutes of 1913, as amended. See California Water Code 1003
  • works: includes canals, ditches, levees, dikes, embankments, dams, machinery, and other appropriate or ancillary means of accomplishing the purposes mentioned in this chapter. See California Water Code 8001
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.