(a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter.
(b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met:
(1) Punitive damages are sought.
(2) Damages in excess of insurance policy limits are sought.
(3) A party’s insurer is providing a legal defense subject to a reservation of rights.
(4) The case involves a claim reportable to a governmental entity.
(5) The case involves a claim of moral turpitude that may affect an individual’s professional licensing.
(6) The case involves claims of intentional conduct.
(7) The case has been reclassified as unlimited pursuant to Section 403.020.
(8) The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code.
(9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time.
(c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer.
(d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29. Repealed as of July 1, 2019, pursuant to Section 630.30.)
Last modified: October 25, 2018