California Commercial Code. California

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      Article 1. Jurisdiction in Limited Civil Cases

      85. An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:

      (a) The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, "amount in controversy" means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys' fees, interest, and costs.

      (b) The relief sought is a type that may be granted in a limited civil case.

      (c) The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:

      (1) Section 798.61 of the Civil Code.

      (2) Section 1719 of the Civil Code.

      (3) Section 3342.5 of the Civil Code.

      (4) Section 86.

      (5) Section 86.1.

      (6) Section 1710.20.

      (7) Section 7581 of the Food and Agricultural Code.

      (8) Section 12647 of the Food and Agricultural Code.

      (9) Section 27601 of the Food and Agricultural Code.

      (10) Section 31503 of the Food and Agricultural Code.

      (11) Section 31621 of the Food and Agricultural Code.

      (12) Section 52514 of the Food and Agricultural Code.

      (13) Section 53564 of the Food and Agricultural Code.

      (14) Section 53069.4 of the Government Code.

      (15) Section 53075.6 of the Government Code.

      (16) Section 53075.61 of the Government Code.

      (17) Section 5411.5 of the Public Utilities Code.

      (18) Section 9872.1 of the Vehicle Code.

      (19) Section 10751 of the Vehicle Code.

      (20) Section 14607.6 of the Vehicle Code.

      (21) Section 40230 of the Vehicle Code.

      (22) Section 40256 of the Vehicle Code.

      86. (a) The following civil cases and proceedings are limited civil cases:

      (1) A case at law in which the demand, exclusive of interest, or the value of the property in controversy amounts to twenty-five thousand dollars ($25,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant.

      (2) An action for dissolution of partnership where the total assets of the partnership do not exceed twenty-five thousand dollars ($25,000); an action of interpleader where the amount of money or the value of the property involved does not exceed twenty-five thousand dollars ($25,000).

      (3) An action to cancel or rescind a contract when the relief is sought in connection with an action to recover money not exceeding twenty-five thousand dollars ($25,000) or property of a value not exceeding twenty-five thousand dollars ($25,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case.

      (4) A proceeding in forcible entry or forcible or unlawful detainer where the whole amount of damages claimed is twenty-five thousand dollars ($25,000) or less.

      (5) An action to enforce and foreclose a lien on personal property where the amount of the lien is twenty-five thousand dollars ($25,000) or less.

      (6) An action to enforce and foreclose, or a petition to release, a lien arising under the provisions of Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 1351 of the Civil Code, where the amount of the liens is twenty-five thousand dollars ($25,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of twenty-five thousand dollars ($25,000), the action is not a limited civil case.

      (7) An action for declaratory relief when brought pursuant to either of the following:

      (A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case.

      (B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, where the amount in controversy is twenty-five thousand dollars ($25,000) or less.

      (8) An action to issue a temporary restraining order or preliminary injunction; to take an account, where necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, СКАЧАТЬ