RulesofCivilProcedure.com Civil Procedure · Every State

§ 307.One Form of Civil Action

Title 1. Of the Form of Civil Actions · Enacted 1872 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 307 declares that California recognizes only one form of civil action for enforcing or protecting private rights and for redressing or preventing private wrongs, rather than separate forms for different kinds of claims.

Full Text of § 307

Text size

There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs.

Plain-English Summary

Section 307 opens Part 2 of the Code of Civil Procedure with a single, sweeping statement: California has one form of civil action. A plaintiff does not have to choose between a historic action at law and a suit in equity, or use different pleadings, filing fees, or procedures depending on the kind of relief sought.

Before code reform, many states split civil litigation into separate legal and equitable tracks, each with its own rules and sometimes its own courts. Section 307 folds both into one civil action, so a claim for money damages and a claim for an injunction can proceed side by side under the same set of procedural rules found throughout this code.

Because Section 307 sits at the start of Part 2, it frames everything that follows: how parties are named (§ 308), how actions are commenced, how they are pleaded, and how they are tried. Nothing in the chapters after it depends on sorting a case into a legal or an equitable category first.

Frequently Asked Questions

Does California still separate lawsuits into actions at law and suits in equity?

No. Section 307 establishes one form of civil action for enforcing or protecting private rights and for redressing or preventing private wrongs, regardless of whether the relief sought would once have been called legal or equitable.

Can I ask for both money damages and an injunction in the same case?

Yes. Because Section 307 does not require separate proceedings for legal and equitable relief, a single civil action can pursue both kinds of remedies against the same defendant.

What does "civil action" mean under California procedure?

It is the single, uniform proceeding Section 307 establishes for pursuing or defending private rights and wrongs, in place of older separate forms of action.

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: one form of civil action californialaw versus equity california mergedcalifornia civil action definition