Every other remedy is a special proceeding.
§ 23.Special proceeding defined
Preliminary Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 23 defines a “special proceeding” as any judicial remedy that isn’t an action under Section 22 — a catch-all category rather than a fixed list of proceedings.
Full Text of § 23
Plain-English Summary
Section 23 takes the shortest path to a definition: a catch-all. Whatever judicial remedy doesn’t fit Section 22’s definition of an action is, by elimination, a special proceeding.
It’s a residual category rather than a list of specific proceedings, which is what lets it flex to cover whatever remedies the Legislature creates outside the ordinary lawsuit format.
Frequently Asked Questions
What is a “special proceeding” under California law?
Section 23 defines it as every judicial remedy that isn’t an action — a catch-all category rather than a fixed list.
Does Section 23 list which proceedings count as special proceedings?
No. It defines the category by elimination — anything that isn’t an action under Section 22 is a special proceeding.
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: special proceeding defined CaliforniaCCP section 23