onecle - legal research

State Law

Federal Law

California Code Of Civil Procedure Section 86

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 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.
Section: Previous  85  86  86.1  87  88  89  Next

Last modified: July 31, 2008