California: Civil Procedure, Foreclosure & UCC

Civil procedure in California

Civil cases in California state courts follow the California Code of Civil Procedure (supplemented by California Rules of Court, Title Three – Civil Rules). Federal courts located in California follow the Federal Rules of Civil Procedure and their own local rules. Individual California courts also publish local rules, and judges may issue standing orders — read all of them before filing.

Our procedure library explains each federal motion and filing; look up the California equivalent in the state rules, because names, deadlines and forms can differ.

Foreclosure in California

The most common foreclosure process in California is nonjudicial: property can be sold under a power-of-sale clause following the state statute, without a lawsuit. Judicial foreclosure is also available. The main statute: Cal. Civ. Code § 2923.5 et seq.; Cal. Civ. Proc. Code § 580d.

Federal mortgage servicing rules also apply to most residential loans — see federal pre-foreclosure protections. Read the current statute for notice periods, redemption rights and deficiency rules.

The Uniform Commercial Code in California

California enacted the Uniform Commercial Code and codified it in California Commercial Code. Does not include Article 6 (Bulk Transfers), which most states have repealed. When a page on Lawtopolis cites a UCC section such as § 3-301 or § 9-406, read the matching section of California’s enacted code, which may contain state-specific changes.

Research checklist

• Read the current state rules of civil procedure and the local rules of your court.
• Check the state judiciary’s self-help center and official forms.
• Read the state statutes that govern your type of case.
• Find binding decisions from the state’s appellate courts.
• Confirm each source is current before relying on it.

How to research a case in this state

To research your issue for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.