SECTIONS 694.010-694.090 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 694.010-694.090

694.010. As used in this chapter:
(a) "Operative date" means July 1, 1983.
(b) "Prior law" means the applicable law in effect on June 30,
1983.

694.020. Except as otherwise provided in this chapter, this title
on and after its operative date applies to all proceedings commenced
prior thereto unless in the opinion of the court application of a
particular provision of this title would substantially interfere with
the effective conduct of the proceedings or the rights of the
parties or other interested persons, in which case the particular
provision of this title does not apply and prior law applies.

694.030. (a) Except for a judgment described in Section 683.310 or
683.320, the period for enforcement of a money judgment or a judgment
for possession or sale of property entered prior to the operative
date is governed on and after the operative date by Chapter 3
(commencing with Section 683.010).
(b) Notwithstanding subdivision (a), even though a judgment to
which subdivision (a) applies is not renewable pursuant to Chapter 3
(commencing with Section 683.010) because the time for filing an
application for renewal has expired, the judgment may be renewed
under Chapter 3 (commencing with Section 683.010) if the court which
entered the judgment determines, on noticed motion filed within two
years after the operative date, that authority to enforce the
judgment after the 10-year period provided in former Section 681
would have been granted if a motion had been made under former
Section 685 and the court, in its discretion, makes an order
authorizing the renewal of the judgment. The notice of motion shall
be served personally or by mail on the judgment debtor.

694.040. (a) Except as provided in subdivision (c), property levied
upon or otherwise subjected to process for enforcement of a money
judgment or a judgment for possession or sale of property prior to
the operative date is subject to prior law relating to sale or
delivery of possession.
(b) The duties to be performed in the execution of a writ or order
for the enforcement of a money judgment or a judgment for possession
or sale of property that is served prior to the operative date are
governed by prior law.
(c) The manner of payment at a sale of property pursuant to a writ
or order after the operative date is governed by Section 701.590.

694.050. (a) Except as provided in subdivision (b), property levied
upon, or property to be sold upon which foreclosure or other
proceedings for sale have been commenced, prior to the operative date
that would have been sold subject to the right of redemption under
prior law shall be sold subject to the right of redemption and may be
redeemed as provided by prior law.
(b) If the judgment creditor and judgment debtor agree in writing,
property described in subdivision (a) may be sold as provided in
this title rather than subject to the right of redemption.
(c) Property sold prior to the operative date subject to the right
of redemption under prior law may be redeemed as provided by prior
law.

694.060. Notwithstanding Section 708.230, an action may be
commenced pursuant to Section 708.210 within one year after the
operative date if the action could have been commenced under prior
law on the day before the operative date.

694.070. (a) A third-party claim filed prior to the operative date
is governed by prior law.
(b) A demand for a third-party claim served on a secured party
prior to the operative date is governed by prior law.

694.080. The exemptions from enforcement of a money judgment
provided by this title do not apply to property levied upon or
otherwise subjected to a lien prior to the operative date. Whether
such property is exempt is determined by the exemptions provided by
law at the time the lien was created.

694.090. On and after the operative date, a declaration of
homestead made under prior law pursuant to Title 5 (commencing with
Section 1237) of Part 4 of Division 2 of the Civil Code is effective
only to the extent provided in Article 5 (commencing with Section
704.910) of Chapter 4 of Division 2.