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§ 363.Action Construed to Include Special Proceeding

Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Enacted 1872 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 363 defines the word “action,” wherever used in this title, to include a special proceeding of a civil nature, extending the title's time limits to those proceedings as well.

Full Text of § 363

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The word "action" as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.

Plain-English Summary

Section 363 is a definitional rule that widens the reach of everything else in this title. Whenever “action” appears in this title and it matters to do so, that word is read to also cover a special proceeding of a civil nature.

This keeps a litigant from arguing that a particular civil special proceeding falls outside this title's time limits merely because the proceeding is not technically an “action” in the narrowest sense.

Frequently Asked Questions

Do the time limits in this title apply to special proceedings, not just lawsuits?

Yes. Section 363 defines “action” to include a special proceeding of a civil nature wherever that construction is necessary, extending this title's coverage beyond ordinary actions.

Why does this title need to define “action” this broadly?

Without § 363, a party might argue that a civil special proceeding escapes this title's time limits because it is not formally labeled an action; the section forecloses that argument.

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: definition of action ccp 363special proceeding statute of limitations california