An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.
§ 1049.Action Deemed to Be Pending
Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1049 defines an action as pending from the moment it commences until it is finally determined on appeal, or until the time to appeal has run out, unless the judgment is satisfied sooner, giving a fixed reference point for when a lawsuit's pendency ends.
Full Text of § 1049
Plain-English Summary
Plenty of rules in the civil procedure code turn on whether an action is still pending. Section 1049 answers that question with a clear timeline: an action is deemed pending from its commencement all the way through final determination on appeal, or through the expiration of the time allowed to appeal if no appeal is taken.
There is one way to end pendency earlier: if the judgment is satisfied before the appeal process runs its course, the action's pendency ends at that point instead. Otherwise, the action stays legally alive, for purposes that depend on pendency, through the entire appellate window.
This definition connects naturally to § 1047's rule on successive actions, since knowing when an earlier action stopped being pending can matter to whether a later cause of action on the same contract or transaction is truly new.
Frequently Asked Questions
When is a California civil action considered pending?
From the time it commences until it is finally determined on appeal, or until the time to appeal has expired, whichever applies, unless the judgment is satisfied sooner.
Does an action stop being pending once the trial court enters judgment?
Not necessarily. Under § 1049, pendency continues through the appellate process or the time allowed for an appeal, unless the judgment is paid off first.
What ends an action's pendency early under this section?
Satisfaction of the judgment ends pendency even if the time to appeal has not yet run.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: when is a lawsuit pending californiaaction pending until appeal california civil procedure