California Code of Civil Procedure. California

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СКАЧАТЬ arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a).

      (B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, where the arbitration award is twenty-five thousand dollars ($25,000) or less.

      (b) The following cases in equity are limited civil cases:

      (1) A case to try title to personal property when the amount involved is not more than twenty-five thousand dollars ($25,000).

      (2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.

      (3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect.

      (Amended (as amended by Stats. 2012, Ch. 181, Sec. 42) by Stats. 2013, Ch. 605, Sec. 22. Effective January 1, 2014.)

      86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to twenty-five thousand dollars ($25,000) or less.

      (Amended by Stats. 2002, Ch. 784, Sec. 29. Effective January 1, 2003.)

      87. (a) A limited civil case may be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. Where a statute or rule applicable to a small claims case conflicts with a statute or rule applicable to a limited civil case, the statute or rule applicable to a small claims case governs the small claims case and the statute or rule applicable to a limited civil case does not.

      (b) Nothing in this section affects the jurisdiction of the small claims division as otherwise provided by statute.

      (Added by Stats. 1999, Ch. 344, Sec. 3. Effective September 7, 1999.)

      88. A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case.

      (Added by Stats. 1999, Ch. 344, Sec. 4. Effective September 7, 1999.)

      89. (a) The existence of a statute relating to the authority of the court in a limited civil case does not, by itself, imply that the same authority does or does not exist in an unlimited civil case.

      (b) The existence of a statute relating to the authority of the court in an unlimited civil case does not, by itself, imply that the same authority does or does not exist in a limited civil case.

      (Added by Stats. 2001, Ch. 44, Sec. 2. Effective January 1, 2002.)

      ARTICLE 2. Economic Litigation for Limited Civil Cases

      90. Except where changed by the provisions of this article, all provisions of law applicable to civil actions generally apply to actions subject to this article.

      (Amended by Stats. 2003, Ch. 149, Sec. 3. Effective January 1, 2004.)

      91. (a) Except as otherwise provided in this section, the provisions of this article apply to every limited civil case.

      (b) The provisions of this article do not apply to any action under Chapter 5.5 (commencing with Section 116.110) or any proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.

      (c) Any action may, upon noticed motion, be withdrawn from the provisions of this article, upon a showing that it is impractical to prosecute or defend the action within the limitations of these provisions.

      (Amended by Stats. 1998, Ch. 931, Sec. 36. Effective September 28, 1998.)

      92. (a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers.

      (b) The answer need not be verified, even if the complaint or cross-complaint is verified.

      (c) Special demurrers are not allowed.

      (d) Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.

      (e) Except as limited by this section, all other motions are permitted.

      (Amended by Stats. 1983, Ch. 102, Sec. 2. Effective June 16, 1983.)

      93. (a) The plantiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case questionnaire.

      (b) Any defendant upon whom a case questionnaire is served shall serve a completed defendant’s case questionnaire upon the requesting plaintiff with the answer.

      (c) The case questionnaire shall be designed to elicit fundamental information about each party’s case, including names and addresses of all witnesses with knowledge of any relevant facts, a list of all documents relevant to the case, a statement of the nature and amount of damages, and information covering insurance coverages, injuries and treating physicians. The Judicial Council shall design and develop forms for case questionnaires.

      (d) Approved forms shall be made available by the clerk of the court.

      (e) If a party on whom a case questionnaire has been served under subdivision (a) or (b) fails to serve a timely or a complete response to that questionnaire, the party serving the questionnaire may move for an order compelling a response or a further response and for a monetary sanction under Section 2023. If a party then fails to obey an order compelling a response or a further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Section 2023. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Section 2023.

      (Amended by Stats. 1987, Ch. 86, Sec. 1. Effective July 2, 1987. Operative July 1, 1987, by Sec. 21 of Ch. 86. Superseded on July 1, 2005; see amendment by Stats. 2004, Ch. 182.)

      93. (a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case questionnaire.

      (b) Any defendant upon whom a case questionnaire is served shall serve a completed defendant’s case questionnaire upon the requesting plaintiff with the answer.

      (c) The case questionnaire shall be designed to elicit fundamental information about each party’s case, including names and addresses of all witnesses with knowledge of any relevant facts, a list of all documents relevant to the case, a statement of the nature and amount of damages, and information covering insurance coverages, injuries and treating physicians. The Judicial Council shall design and develop forms for case questionnaires.

      (d) Approved forms shall be made available by the clerk of the court.

      (e) СКАЧАТЬ