Economic Litigation in California

California’s Code of Civil Procedure in Part 1, Title 1, Chapter 5.1, Article 2, deals with economic litigation for limited civil cases. Section 90 specifies that all provisions of law applicable to civil actions generally apply to actions subject to this article.

Section 91 specifies that the provisions of this article apply to every limited civil case, but do not apply to other specified types of actions. Also, any action may, upon noticed motion, be withdrawn from the provisions of this article, upon a showing that it is impractical to prosecute or defend the action within the limitations of these provisions.

Section 92 says that the pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers. The answer need not be verified, even if the complaint or cross-complaint is verified. Special demurrers are not allowed. Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.

Section 93 provides the plaintiff with the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served must include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case questionnaire.

The case questionnaire is designed to elicit fundamental information about each party’s case, including specified information. The Judicial Council designs and develops forms for case questionnaires. And, approved forms are made available by the clerk of the court. The party serving the questionnaire may move for an order compelling a response or a further response and for a monetary sanction.

Section 94 permits discovery only to the extent provided by this section and Section 95. This discovery must comply with the notice and format requirements of the particular method of discovery. And, a party may use the seven specified forms of discovery.

Section 95 authorizes the court, on noticed motion and subject to terms and conditions that are just, to allow 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. The parties may stipulate to additional discovery.

Section 96 allows any party to serve on any other party a request in substantially the specified statutory form. The request has to be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered. No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion. The clerk furnishes forms for requests under this rule.

Section 97 states, 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. There are five specified exceptions.

Section 98 allows a party, in lieu of presenting direct testimony, to offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include 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, the prepared testimony must be received as evidence in the case, provided that either of two specified conditions apply.

Section 99 provides 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. Section 100 ensures any party has the right to appeal any judgment or final order consistent with the law governing appeals.