Code of Civil Procedure

§ 1 This act shall be known as the Code of Civil Procedure, and is divided into four parts, as follows: Part I. Of Courts of Justice. II. Of Civil Actions. III. Of Special Proceedings of a Civil Nature. IV. Miscellaneous Provisions. (Amended by Stats. 1965, Ch. 299.) § 2 This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three. (Enacted 1872.) § 3 No part of it is retroactive, unless expressly so declared. (Enacted 1872.) § 4 The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. (Enacted 1872.) § 5 The provisions of this Code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments. (Enacted 1872.) § 6 All persons who at the time this Code takes effect hold office under any of the Acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by one of the Codes adopted at this session of the Legislature. (Enacted 1872.) § 7 When any office is abolished by the repeal of any Act, and such Act is not in substance reënacted or continued in either of the Codes, such office ceases at the time the Codes take effect. (Enacted 1872.) § 8 No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this Code as far as applicable. (Enacted 1872.) § 9 When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in this code, the time that has already run shall be deemed part of the time prescribed as such limitation by this code. (Amended by Stats. 2017, Ch. 561, Sec. 20. (AB 1516) Effective January 1, 2018.) § 10 Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135. (Amended by Stats. 2001, Ch. 542, Sec. 1. Effective January 1, 2002.) § 11 Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law. (Added by Stats. 1959, Ch. 426.) § 12 The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. (Enacted 1872.) § 12a (a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays. (b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation. (Amended by Stats. 2007, Ch. 263, Sec. 3. Effective January 1, 2008.) § 12b If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a. (Added by Stats. 1951, Ch. 655.) § 12c (a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12. (b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subdivision (a). (Added by Stats. 2010, Ch. 41, Sec. 1. (AB 2119) Effective January 1, 2011.) § 13 Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. (Enacted 1872.) § 13a Any act required by law to be performed on a particular day or within a specified period of time may be performed (but is not hereby required to be performed) on a special holiday as that term is used in Section 6705 of the Government Code, with like effect as if performed on a day which is not a holiday. (Amended by Stats. 1959, Ch. 594.) § 13b Any act required by law to be performed on a particular day or within a specified period may be performed (but is not hereby required to be performed) on a Saturday, with like effect as if performed on a day which is not a holiday. (Added by Stats. 1961, Ch. 1370.) § 14 When the seal of a Court, public officer, or person is required by law to be affixed to any paper, the word “seal” includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. (Enacted 1872.) § 15 Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority. (Enacted 1872.) § 16 Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. (Enacted 1872.) § 17 (a) Words used in this code in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural number includes the singular. (b) As used in this code, the following words have the following meanings, unless otherwise apparent from the context: (1) “Affinity” signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. (2) “County” includes “city and county.” (3) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. (4) “Month” means a calendar month, unless otherwise expressed. (5) “Oath” includes an affirmation or declaration. (A) “Depose” includes any written statement made under oath or affirmation. (B) “Testify” includes any mode of oral statement made under oath or affirmation. (6) “Person” includes a corporation as well as a natural person. (7) “Process” signifies a writ or summons issued in the course of a judicial proceeding. (8) “Property” includes both personal and real property. (A) “Personal property” includes money, goods, chattels, things in action, and evidences of debt. (B) “Real property” is coextensive with lands, tenements, and hereditaments. (9) “Section” refers to a section of this code, unless some other code or statute is expressly mentioned. (10) “Sheriff” includes marshal. (11) “Signature” or “subscription” includes a mark of a person’s name, if the person cannot write, with his or her name being written near it by a person who writes his or her own name as a witness. In order that a mark may be acknowledged or serve as the signature to any sworn statement, it shall be witnessed by two persons who shall subscribe their own names as witnesses thereto. (12) “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (13) “State” includes the District of Columbia and the territories when applied to the different parts of the United States, and the words “United States” may include the district and territories. (14) “Will” includes codicil. (15) “Writ” means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. (16) “Writing” includes printing and typewriting. (Amended by Stats. 2016, Ch. 50, Sec. 13. (SB 1005) Effective January 1, 2017.) § 18 No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in all cases provided for by this Code, all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided; nor does it affect any private statute not expressly repealed. (Enacted 1872.) § 19 This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as “T he C ode of C ivil P rocedure ,” adding, when necessary, the number of the section. (Enacted 1872.) § 20 Judicial remedies are such as are administered by the Courts of justice, or by judicial officers empowered for that purpose by the Constitution and statutes of this State. (Enacted 1872.) § 21 These remedies are divided into two classes: 1. Actions; and, 2. Special proceedings. (Enacted 1872.) § 22 An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. (Amended by Stats. 1933, Ch. 742.) § 23 Every other remedy is a special proceeding. (Enacted 1872.) § 24 Actions are of two kinds: 1. Civil; and, 2. Criminal. (Enacted 1872.) § 25 A civil action arises out of: 1. An obligation; 2. An injury. (Enacted 1872.) § 26 An obligation is a legal duty, by which one person is bound to do or not to do a certain thing, and arises from either of the following: (a) Contract. (b) Operation of law. (Amended by Stats. 2017, Ch. 561, Sec. 21. (AB 1516) Effective January 1, 2018.) § 27 An injury is of two kinds: 1. To the person; and, 2. To property. (Enacted 1872.) § 28 An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. (Enacted 1872.) § 29 Every other injury is an injury to the person. (Enacted 1872.) § 30 A civil action is prosecuted by one party against another for the declaration, enforcement or protection of a right, or the redress or prevention of a wrong. (Amended by Stats. 1933, Ch. 742.) § 31 T he P enal C ode defines and provides for the prosecution of a criminal action. (Enacted 1872.) § 32 When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other. (Enacted 1872.) § 32.5 The “jurisdictional classification” of a case means its classification as a limited civil case or an unlimited civil case. (Amended by Stats. 2002, Ch. 784, Sec. 22. Effective January 1, 2003.) § 33 A prosecuting attorney, in his or her discretion, may assist in the civil resolution of a violation of an offense described in Title 13 (commencing with Section 450) of Part 1 of the Penal Code in lieu of filing a criminal complaint. (Added by Stats. 1982, Ch. 1518, Sec. 1.) § 34 An electronic signature, as defined in Section 17, by a court or judicial officer shall be as effective as an original signature. (Added by Stats. 2015, Ch. 32, Sec. 2. (AB 432) Effective January 1, 2016.) § 35 Title 1, Part 1, Chapter 1 (a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests, actions under Section 20010 or 20012 of the Elections Code, actions under Chapter 7 (commencing with Section 20510) of Division 20 of the Elections Code, and actions under Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be given precedence. (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Amended (as amended by Stats. 2023, Ch. 343, Sec. 1) by Stats. 2024, Ch. 262, Sec. 1.5. (AB 2839) Effective September 17, 2024. Operative January 1, 2025, pursuant to Sec. 4 of Stats. 2024, Ch. 262. Repealed as of January 1, 2027, by its own provisions. See later operative version, as amended by Sec. 2.5 of Stats. 2024, Ch. 262.) § 35 Title 1, Part 1, Chapter 1 (a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the certification or denial of certification of ballot measures, election contests, actions under Section 20012 of the Elections Code, actions under Chapter 7 (commencing with Section 20510) of Division 20 of the Elections Code, and actions under Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be given precedence. (b) This section shall become operative January 1, 2027. (Amended (as amended by Stats. 2023, Ch. 343, Sec. 2) by Stats. 2024, Ch. 262, Sec. 2.5. (AB 2839) Effective September 17, 2024. Amending action operative January 1, 2025, pursuant to Sec. 5 of Stats. 2024, Ch. 262. Amended section operative January 1, 2027, by its own provisions.) § 36 Title 1, Part 1, Chapter 1 (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation. (b) A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference over a case subject to this subdivision. (c) Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. (2) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference. (d) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference. (f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party. (g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider’s alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted. (Amended by Stats. 2008, Ch. 218, Sec. 1. Effective January 1, 2009.) § 36.5 Title 1, Part 1, Chapter 1 An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference based upon information and belief as to the medical diagnosis and prognosis of any party. The affidavit is not admissible for any purpose other than a motion for preference under subdivision (a) of Section 36. (Added by Stats. 1990, Ch. 1232, Sec. 1.) § 37 Title 1, Part 1, Chapter 1 (a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by the defendant during the commission of a felony offense for which the defendant has been criminally convicted. (b) The court shall endeavor to try the action within 120 days of the grant of preference. (Amended by Stats. 1983, Ch. 938, Sec. 1. Effective September 20, 1983.) § 38 Title 1, Part 1, Chapter 1 Unless the provision or context otherwise requires, a reference in a statute to a judicial district means: (a) As it relates to a court of appeal, the court of appeal district. (b) As it relates to a superior court, the county. (Amended by Stats. 2018, Ch. 92, Sec. 39. (SB 1289) Effective January 1, 2019.) § 41 Title 1, Part 1, Chapter 3 The Supreme Court and the courts of appeal may transact business at any time. (Added by renumbering Section 61.4 by Stats. 1967, Ch. 17.) § 42 Title 1, Part 1, Chapter 3 Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Supreme Court or the courts of appeal from sitting at any time. (Added by renumbering Section 48 by Stats. 1967, Ch. 17.) § 43 Title 1, Part 1, Chapter 3 The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had. In giving its decision, if a new trial be granted, the court shall pass upon and determine all the questions of law involved in the case, presented upon such appeal, and necessary to the final determination of the case. Its judgment in appealed cases shall be remitted to the court from which the appeal was taken. (Added by renumbering Section 53 by Stats. 1967, Ch. 17.) § 44 Title 1, Part 1, Chapter 3 Appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or a candidate for any such office alleged to have occurred during the course of an election campaign shall be given preference in hearing in the courts of appeal, and in the Supreme Court when transferred thereto. All these cases shall be placed on the calendar in the order of their date of issue, next after cases in which the people of the state are parties. (Amended by Stats. 1982, Ch. 1642, Sec. 1. Operative June 6, 1984, pursuant to Sec. 3 of Ch. 1642.) § 45 Title 1, Part 1, Chapter 3 An appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody and control, or denying a recommendation to free a minor from parental custody or control, shall have precedence over all cases in the court to which an appeal in the matter is taken. In order to enable the child to be available for adoption as soon as possible and to minimize the anxiety to all parties, the appellate court shall grant an extension of time to a court reporter or to counsel only upon an exceptional showing of good cause. (Amended by Stats. 1997, Ch. 510, Sec. 1. Effective January 1, 1998.) § 46 Title 1, Part 1, Chapter 3 Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court. (Added by Stats. 2025, Ch. 527, Sec. 1. (SB 808) Effective January 1, 2026.) § 71 Title 1, Part 1, Chapter 4 The process of superior courts shall extend throughout the state. (Added by Stats. 1967, Ch. 17.) § 73c Title 1, Part 1, Chapter 4 Notwithstanding anything to the contrary contained in any other law of this state, the judges of the superior court of the county in which is located the principal office in this state of any savings and loan association of whose business, property and assets possession shall have been taken by the Commissioner of Financial Institutions, may, in their discretion, whenever those judges deem it necessary or advisable, hold hearings relating to the sale, exchange or other disposition of any parcel of real property or any item of personal property of the association, regardless of the location of the property, at the county seat of any county in this state or at the places in the county in which the principal office in this state of the association is located at which sessions of the superior court are held. (Amended by Stats. 2003, Ch. 149, Sec. 1. Effective January 1, 2004.) § 73d Title 1, Part 1, Chapter 4 Whenever, under Section 73c, it becomes necessary for a judge, clerk, deputy clerk, court reporter or bailiff of or sitting in the superior court of the county in this state in which is located the principal office of any savings and loan association whose business, property and assets are in the possession of the Commissioner of Financial Institutions, to travel to another county, there temporarily to attend hearings relating to the sale, exchange or other disposition of real or personal property of the association, each judge, clerk, deputy clerk, court reporter or bailiff shall be allowed the necessary expenses in going to, returning from and attending upon the business of the court. The expenses shall, upon order of the court, be a charge against the funds of the association and paid out of those funds by the Commissioner of Financial Institutions. (Amended by Stats. 2003, Ch. 149, Sec. 2. Effective January 1, 2004.) § 73e Title 1, Part 1, Chapter 4 Notwithstanding any other provisions of law, in each county wherein the juvenile hall is not located at the county seat of the county, a majority of the judges of the superior court in and for such county may by an order filed with the clerk of the court direct that a session or sessions of the superior court, while sitting for the purpose of hearing and determining cases and proceedings arising under Chapter 2 of Part 1 of Division 2 or Chapter 2 of Part 1 of Division 6 or Chapter 4 of Part 4 of Division 6 of the Welfare and Institutions Code, may be held or continued in any place in the county in which the juvenile hall is located and thereafter such session or sessions of the court may be held or continued in the location designated in such order. In a county having two superior court judges the presiding judge may make the order. (Amended by Stats. 2002, Ch. 784, Sec. 24. Effective January 1, 2003.) § 74 Title 1, Part 1, Chapter 4 Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Court from sitting at any time. (Repealed and added by Code Amendments 1880, Ch. 35.) § 75 Title 1, Part 1, Chapter 4 The superior court in any county may by rule provide that, whenever all judges are absent from the county, any noncontested matter in which no evidence is required, or which may be submitted upon affidavits, shall be deemed submitted upon the filing with the clerk of a statement of submission by the party or the party’s attorney or upon the date set for the hearing. (Amended by Stats. 2002, Ch. 784, Sec. 25. Effective January 1, 2003.) § 77 Title 1, Part 1, Chapter 4 (a) In every county there is an appellate division of the superior court consisting of three judges or, when the Chief Justice finds it necessary, four judges. The Chief Justice shall assign judges to the appellate division for specified terms pursuant to rules, not inconsistent with statute, adopted by the Judicial Council to promote the independence and quality of each appellate division. Each judge assigned to the appellate division of a superior court shall be a judge of that court, a judge of the superior court of another county, or a judge retired from the superior court or a court of higher jurisdiction in this state. The Chief Justice shall designate one of the judges of each appellate division as the presiding judge of the division. (b) In each appellate division, no more than three judges shall participate in a hearing or decision. The presiding judge of the division shall designate the three judges who shall participate. (c) In addition to their other duties, the judges designated as members of the appellate division of the superior court shall serve for the period specified in the order of designation. Whenever a judge is designated to serve in the appellate division of the superior court of a county other than the county in which that judge was elected or appointed as a superior court judge, or if the judge is retired, in a county other than the county in which the judge resides, the judge shall receive expenses for travel, board, and lodging. If the judge is out of the judge’s county overnight or longer, by reason of the designation, that judge shall be paid a per diem allowance in lieu of expenses for board and lodging in the same amounts as are payable for those purposes to justices of the Supreme Court under the rules of the Department of General Services. In addition, a retired judge shall receive for the time so served, amounts equal to that which the judge would have received if the judge had been assigned to the superior court of the county. (d) The concurrence of two judges of the appellate division of the superior court shall be necessary to render the decision in every case in, and to transact any other business except business that may be done at chambers by the presiding judge of, the division. A judgment of the appellate division in an appeal shall contain a brief statement of the reasons for the judgment. A judgment stating only “affirmed” or “reversed” is insufficient. The presiding judge shall convene the appellate division when necessary. The presiding judge shall also supervise its business and transact any business that may be done at chambers. (e) The appellate division of the superior court has jurisdiction on appeal in all cases in which an appeal may be taken to the superior court or the appellate division of the superior court as provided by law, except where the appeal is a retrial in the superior court. (f) The powers of each appellate division shall be the same as are now or may hereafter be provided by law or rule of the Judicial Council relating to appeals to the appellate division of the superior courts. (g) The Judicial Council shall promulgate rules, not inconsistent with law, to promote the independence of, and govern the practice and procedure and the disposition of the business of, the appellate division. (h) Notwithstanding subdivisions (b) and (d), appeals from convictions of traffic infractions may be heard and decided by one judge of the appellate division of the superior court. (Amended by Stats. 2018, Ch. 92, Sec. 40. (SB 1289) Effective January 1, 2019.) § 85 Title 1, Part 1, Chapter 5.1, Article 1 Notwithstanding any law, including, but not limited to, a law that classified an action or special proceeding as a limited civil case, an action or special proceeding shall be treated as a limited civil case only if all of the following conditions are satisfied: (a) The amount in controversy does not exceed thirty-five thousand dollars ($35,000). 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 laws 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 superior court, including, but not limited to, the following provisions: (1) Section 798.61 or 798.88 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. (Amended by Stats. 2023, Ch. 861, Sec. 2. (SB 71) Effective January 1, 2024.) § 86 Title 1, Part 1, Chapter 5.1, Article 1 (a) The following civil cases and proceedings are limited civil cases: (1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) 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 if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000). (3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), 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 if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less. (5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less. (6) An action to enforce and foreclose, or a petition to release, a lien arising under 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 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) 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 thirty-five thousand dollars ($35,000), the action is not a limited civil case. (7) An action for declaratory relief if 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, if the amount in controversy is thirty-five thousand dollars ($35,000) or less. (8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if 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; or 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 if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000). (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, if the arbitration award is thirty-five thousand dollars ($35,000) 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 thirty-five thousand dollars ($35,000). (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 by Stats. 2023, Ch. 861, Sec. 3. (SB 71) Effective January 1, 2024.) § 86.1 Title 1, Part 1, Chapter 5.1, Article 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 thirty-five thousand dollars ($35,000) or less. (Amended by Stats. 2023, Ch. 861, Sec. 4. (SB 71) Effective January 1, 2024.) § 87 Title 1, Part 1, Chapter 5.1, Article 1 (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 Title 1, Part 1, Chapter 5.1, Article 1 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 Title 1, Part 1, Chapter 5.1, Article 1 (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.) § 90 Title 1, Part 1, Chapter 5.1, Article 2 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 Title 1, Part 1, Chapter 5.1, Article 2 (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 Title 1, Part 1, Chapter 5.1, Article 2 (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 Title 1, Part 1, Chapter 5.1, Article 2 (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) 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 Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. 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 Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. (Amended by Stats. 2004, Ch. 182, Sec. 5. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.) § 94 Title 1, Part 1, Chapter 5.1, Article 2 Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the particular method of discovery, as provided in Title 4 (commencing with Section 2016.010) of Part 4. As to each adverse party, a party may use the following forms of discovery: (a) Any combination of 35 of the following: (1) Interrogatories (with no subparts) under Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4. (2) Demands to produce documents or things under Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4. (3) Requests for admission (with no subparts) under Chapter 16 (commencing with Section 2033.010) of Title 4 of Part 4. (b) One oral or written deposition under Chapter 9 (commencing with Section 2025.010), Chapter 10 (commencing with Section 2026.010), or Chapter 11 (commencing with Section 2028.010) of Title 4 of Part 4. For purposes of this subdivision, a deposition of an organization shall be treated as a single deposition even though more than one person may be designated or required to testify pursuant to Section 2025.230. (c) Any party may serve on any person a deposition subpoena duces tecum requiring the person served to mail copies of documents, books, or records to the party’s counsel at a specified address, along with an affidavit complying with Section 1561 of the Evidence Code. The party who issued the deposition subpoena shall mail a copy of the response to any other party who tenders the reasonable cost of copying it. (d) Physical and mental examinations under Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4. (e) The identity of expert witnesses under Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4. (Amended by Stats. 2006, Ch. 538, Sec. 61. Effective January 1, 2007.) § 95 Title 1, Part 1, Chapter 5.1, Article 2 (a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discovery. (b) The parties may stipulate to additional discovery. (Added by Stats. 1982, Ch. 1581, Sec. 1.) § 96 Title 1, Part 1, Chapter 5.1, Article 2 (a) Any party may serve on any other party a request in substantially the following form: TO: , attorney for : You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer or, if the documents are not available to you, a description of them. Witnesses and evidence that will be used only for impeachment need not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW. (b) The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered. (c) A statement responding to the request shall be served within 20 days from the service of the request. (d) No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion. (e) No request or statement served under this section shall be filed, unless otherwise ordered. (f) The clerk shall furnish forms for requests under this rule. (g) The time for performing acts required under this section shall be computed as provided by law, including Section 1013. (Added by Stats. 1982, Ch. 1581, Sec. 1.) § 97 Title 1, Part 1, Chapter 5.1, Article 2 (a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding statement may call a witness or introduce evidence, except for purposes of impeachment, against the objecting party unless the witness or evidence was included in the statement served. (b) The exceptions to subdivision (a) are: (1) A person who, in his or her individual capacity, is a party to the litigation and who calls himself or herself as a witness. (2) An adverse party. (3) Witnesses and evidence used solely for purposes of impeachment. (4) Documents obtained by discovery authorized by this chapter. (5) The court may, upon such terms as may be just (including, but not limited to, continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness or introduce evidence which is required to be, but is not included in such party’s statement so long as the court finds that such party has made a good faith effort to comply with subdivision (c) of Section 96 or that the failure to comply was the result of his or her mistake, inadvertence, surprise or excusable neglect as provided in Section 473. (c) Nothing in this article limits the introduction of evidence in any hearing pursuant to Section 585. (Amended by Stats. 1983, Ch. 102, Sec. 3. Effective June 16, 1983.) § 98 Title 1, Part 1, Chapter 5.1, Article 2 A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies: (a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial. (b) The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition. The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit. (Amended by Stats. 2023, Ch. 131, Sec. 17. (AB 1754) Effective January 1, 2024.) § 99 Title 1, Part 1, Chapter 5.1, Article 2 A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate as collateral estoppel of a party or a successor in interest to a party in other litigation with a person who was not a party or a successor in interest to a party to the action in which the judgment or order is rendered. (Added by Stats. 1982, Ch. 1581, Sec. 1.) § 100 Title 1, Part 1, Chapter 5.1, Article 2 Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals. (Added by Stats. 1982, Ch. 1581, Sec. 1.) § 116.110 Title 1, Part 1, Chapter 5.5, Article 1 This chapter shall be known and may be cited as “The Small Claims Act.” (Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.) § 116.120 Title 1, Part 1, Chapter 5.5, Article 1 The Legislature hereby finds and declares as follows: (a) Individual minor civil disputes are of special importance to the parties and of significant social and economic consequence collectively. (b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairly, it is essential to provide a judicial forum accessible to all parties directly involved in resolving these disputes. (c) The small claims divisions have been established to provide a forum to resolve minor civil disputes, and for that reason constitute a fundamental element in the administration of justice and the protection of the rights and property of individuals. (d) The small claims divisions, the provisions of this chapter, and the rules of the Judicial Council regarding small claims actions shall operate to ensure that the convenience of parties and witnesses who are individuals shall prevail, to the extent possible, over the convenience of any other parties or witnesses. (Amended by Stats. 1998, Ch. 931, Sec. 37. Effective September 28, 1998.) § 116.130 Title 1, Part 1, Chapter 5.5, Article 1 In this chapter, unless the context indicates otherwise: (a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff. (b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim. (c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered. (d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered. (e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, or other entity. (f) “Individual” means a natural person. (g) “Party” means a plaintiff or defendant. (h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter. (i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct. (j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge. (k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise. (Amended by Stats. 2003, Ch. 449, Sec. 4. Effective January 1, 2004.) § 116.140 Title 1, Part 1, Chapter 5.5, Article 1 The following do not apply in small claims actions: (a) Subdivision (a) of Section 1013 and subdivision (b) of Section 1005, on the extension of the time for taking action when notice is given by mail. (b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of prejudgment attachments. (Added by Stats. 1991, Ch. 915, Sec. 2.) § 116.210 Title 1, Part 1, Chapter 5.5, Article 2 In each superior court there shall be a small claims division. The small claims division may be known as the small claims court. (Amended by Stats. 2002, Ch. 784, Sec. 30. Effective January 1, 2003.) § 116.220 Title 1, Part 1, Chapter 5.5, Article 2 (a) The small claims court has jurisdiction in the following actions: (1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250). (2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant. (3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250). (4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. (5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief. (b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order. (c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows: (1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply. (2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125). (3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125). (4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000). (d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment. (e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiff’s administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiff’s administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation. (f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiff’s discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof. (g) For purposes of this section, “department” includes an employee of a department against whom a claim has been filed under this chapter arising out of an employee’s duties as an employee of that department. (Amended by Stats. 2023, Ch. 861, Sec. 5. (SB 71) Effective January 1, 2024.) § 116.221 Title 1, Part 1, Chapter 5.5, Article 2 In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231. (Amended by Stats. 2023, Ch. 861, Sec. 6. (SB 71) Effective January 1, 2024.) § 116.222 Title 1, Part 1, Chapter 5.5, Article 2 If the action is to enforce the payment of a debt, the statement of calculation of liability shall separately state the original debt, each payment credited to the debt, each fee and charge added to the debt, each payment credited against those fees and charges, all other debits or charges to the account, and an explanation of the nature of those fees, charges, debits, and all other credits to the debt, by source and amount. (Added by Stats. 2005, Ch. 618, Sec. 3. Effective January 1, 2006.) § 116.225 Title 1, Part 1, Chapter 5.5, Article 2 An agreement entered into or renewed on or after January 1, 2003, establishing a forum outside of California for an action arising from an offer or provision of goods, services, property, or extensions of credit primarily for personal, family, or household purposes that is otherwise within the jurisdiction of a small claims court of this state is contrary to public policy and is void and unenforceable. (Added by Stats. 2002, Ch. 247, Sec. 1. Effective January 1, 2003.) § 116.230 Title 1, Part 1, Chapter 5.5, Article 2 (a) In a small claims case, the clerk of the court shall charge and collect only those fees authorized under this chapter. (b) If the party filing a claim has filed 12 or fewer small claims in the state within the previous 12 months, the filing fee is the following: (1) Thirty dollars ($30) if the amount of the demand is one thousand five hundred dollars ($1,500) or less. (2) Fifty dollars ($50) if the amount of the demand is more than one thousand five hundred dollars ($1,500) but less than or equal to five thousand dollars ($5,000). (3) Seventy-five dollars ($75) if the amount of the demand is more than five thousand dollars ($5,000). (c) If the party has filed more than 12 other small claims in the state within the previous 12 months, the filing fee is one hundred dollars ($100). (d) (1) If, after having filed a claim and paid the required fee under paragraph (1) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (2) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is twenty dollars ($20). (2) If, after having filed a claim and paid the required fee under paragraph (2) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (3) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is twenty-five dollars ($25). (3) If, after having filed a claim and paid the required fee under paragraph (1) of subdivision (b), a party files an amended claim or amendment to a claim that