Jurisdiction in Limited Cases in California

Code of Civil Procedure Part 1, Title 1, Chapter 5.1, Article 1 deals with the jurisdiction of limited civil cases in our courts of justice. Section 85 provides that a law that classified an action or special proceeding as a limited civil case, an action or special proceeding is to be treated as a limited civil case only if all of the specified conditions are satisfied.

The amount in controversy cannot exceed $35,000. 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 22 specified provisions of state law.

Section 86 sets forth ten specified civil cases and proceedings that are deemed to be limited civil cases. In addition, three specified cases in equity are deemed to be limited civil cases.

Section 86.1 says that an action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 is a limited civil case if civil penalties are not sought or amount to $35,000 or less.

Section 87 allows a limited civil case to 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.

Section 88 provides a civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case. Section 89 specifies 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.