§ 459.Private Statute Or Ordinance Or Right Derived From

Title 6. Of the Pleadings In Civil Actions · Chapter 7. General Rules of Pleading · Last amended 1907 · Last verified July 28, 2026

In one sentenceSection 459 lets a party plead a private statute, a county or municipal ordinance, or a right derived from one, by its title and date of passage, and lets performance of conditions precedent under that statute or ordinance be alleged generally, as under § 457.

Full Text of § 459

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In pleading a private statute, or an ordinance of a county or municipal corporation, or a right derived therefrom, it is sufficient to refer to such statute or ordinance by its title and the day of its passage. In pleading the performance of conditions precedent under a statute or an ordinance of a county or municipal corporation, or of a right derived therefrom, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part required thereby; if such allegations be controverted the party pleading must establish on the trial the facts showing such performance.

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Plain-English Summary

Private statutes and local ordinances are not always easy to plead in full. Section 459 lets a party refer to a private statute, a county or municipal ordinance, or a right derived from either, by its title and the date it passed, rather than reciting its text.

The section extends the same shortcut used elsewhere in this chapter to performance of conditions precedent required by that statute or ordinance: a party may allege generally that it duly performed all the conditions required, and only has to prove the specific facts of performance if the adverse party controverts the allegation.

Frequently Asked Questions

How do I plead reliance on a county or municipal ordinance?

Section 459 lets you refer to the ordinance by its title and the date of its passage rather than reciting its terms.

Does § 459 also cover performance of conditions required by an ordinance?

Yes. It lets a party allege performance of those conditions generally, following the same approach as § 457, and requires proof of the specific facts only if that allegation is disputed.

Amendment History

Amended by Stats. 1907, Ch. 372.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: pleading a local ordinance californiapleading a private statute