§ 85 Limited Civil Case Criteria

Key Takeaways

•A case is only a 'limited civil case' if the money or value involved is $35,000 or less (not counting lawyer fees, interest, or costs).
•The case must be about something that can actually be fixed or decided in a limited civil case.
•The problem in the case has to match one of the specific types listed in the law (like problems with mobile homes, cars, or certain business issues).
•If the case doesn’t meet all these rules, it’s not a limited civil case, even if other laws say it is.

Example

You sue someone because they crashed into your car and owe you $30,000 for repairs.

This could be a limited civil case because the money involved ($30,000) is under $35,000, and it’s about a car accident, which is a type of problem that can be handled in this kind of case.

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.)

Key Takeaways

•A case is only a 'limited civil case' if the money or value involved is $35,000 or less (not counting lawyer fees, interest, or costs).
•The case must be about something that can actually be fixed or decided in a limited civil case.
•The problem in the case has to match one of the specific types listed in the law (like problems with mobile homes, cars, or certain business issues).
•If the case doesn’t meet all these rules, it’s not a limited civil case, even if other laws say it is.

Example

You sue someone because they crashed into your car and owe you $30,000 for repairs.

This could be a limited civil case because the money involved ($30,000) is under $35,000, and it’s about a car accident, which is a type of problem that can be handled in this kind of case.

Key Takeaways

Example

Key Terms

References

§ 85 Limited Civil Case Criteria

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References