SECTIONS 85-89 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 85-89

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) Cases 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
cases that involve the legality of any tax, impost, assessment, toll,
or municipal fine, except actions to enforce payment of delinquent
unsecured personal property taxes if the legality of the tax is not
contested by the defendant.
(2) Actions for dissolution of partnership where the total assets
of the partnership do not exceed twenty-five thousand dollars
($25,000); actions of interpleader where the amount of money or the
value of the property involved does not exceed twenty-five thousand
dollars ($25,000).
(3) Actions 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; actions 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) Proceedings 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) Actions to enforce and foreclose liens on personal property
where the amount of the liens is twenty-five thousand dollars
($25,000) or less.
(6) Actions to enforce and foreclose, or petitions to release,
liens of mechanics, materialmen, artisans, laborers, and of all other
persons to whom liens are given under the provisions of Chapter 2
(commencing with Section 3109) of Title 15 of Part 4 of Division 3 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, where 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 where the total amount of the
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) Actions 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) Actions to issue temporary restraining orders and preliminary
injunctions, and to take accounts, where necessary to preserve the
property or rights of any party to a limited civil case; to make any
order or perform any act, pursuant to Title 9 (commencing with
Section 680.010) of Part 2 (enforcement of judgments) in a limited
civil case; to appoint a receiver pursuant to Section 564 in a
limited civil case; to determine title to personal property seized in
a limited civil case.
(9) Actions under Article 3 (commencing with Section 708.210) of
Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an
interest in personal property or to enforce the liability of the
debtor of a judgment debtor where the interest claimed adversely is
of a value not exceeding twenty-five thousand dollars ($25,000) or
the debt denied does not exceed twenty-five thousand dollars
($25,000).
(10) Arbitration-related petitions filed pursuant to either of the
following:
(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title
9 of Part 3, except for uninsured motorist arbitration proceedings
in accordance with Section 11580.2 of the Insurance Code, if the
petition is filed before the arbitration award becomes final and the
matter to be resolved by 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) Cases to try title to personal property when the amount
involved is not more than twenty-five thousand dollars ($25,000).
(2) Cases when equity is pleaded as a defensive matter in any case
that is otherwise a limited civil case.
(3) Cases to vacate a judgment or order of the court obtained in a
limited civil case through extrinsic fraud, mistake, inadvertence,
or excusable neglect.

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, pursuant to Title 9
(commencing with Section 680.010) of Part 2 (enforcement of
judgments) in a limited civil case; to appoint a receiver pursuant to
Section 564 in a limited civil case; to determine title to personal
property seized in a limited civil case.
(9) An action under Article 3 (commencing with Section 708.210) of
Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an
interest in personal property or to enforce the liability of the
debtor of a judgment debtor where the interest claimed adversely is
of a value not exceeding twenty-five thousand dollars ($25,000) or
the debt denied does not exceed twenty-five thousand dollars
($25,000).
(10) An arbitration-related petition filed pursuant to either of
the following:
(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title
9 of Part 3, except for uninsured motorist arbitration proceedings
in accordance with Section 11580.2 of the Insurance Code, if the
petition is filed before the arbitration award becomes final and the
matter to be resolved by 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.

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.

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.

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

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.