Reclassification of Civil Actions in California

California Code of Civil Procedure Part 2, Title 3, Chapter 2, concerns the reclassification of civil actions and proceedings. Section 403.010 states that nothing in this chapter expands or limits the law on whether a plaintiff, cross-complainant, or petitioner may file an amended complaint or other amended initial pleading.

Section 403.020 provides that, if a plaintiff, cross-complainant, or petitioner files an amended complaint or other amended initial pleading that changes the jurisdictional classification from limited to unlimited, the party at the time of filing the pleading is required to pay the reclassification fee. However, if the amendment changes the jurisdictional classification from unlimited to limited, no reclassification fee is required, and the clerk promptly reclassifies the case.

Section 403.030 specifies that, if a party in a limited civil case files a cross-complaint that causes the action or proceeding to exceed the maximum amount in controversy for a limited civil case or otherwise fail to satisfy the requirements for a limited civil case, the caption of the cross-complaint states that the action or proceeding is a limited civil case to be reclassified by cross-complaint, or words to that effect.

Section 403.040 states that the plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own motion, may reclassify a case at any time. 

If a party files a motion for reclassification after the time for that party to amend that party’s initial pleading or to respond to a complaint, cross-complaint, or other initial pleading, the court is required to grant the motion and enter an order for reclassification only if both of the specified conditions are satisfied.

If the court grants a motion for reclassification, the payment of the reclassification fee is determined, unless the court orders otherwise, following the specified procedure. Also, if the court grants an order for reclassification of an action or proceeding pursuant to this section, the reclassification proceeds following the specified procedures.

Section 403.050 allows the parties to the action or proceeding to stipulate to reclassification of the case within the time allowed to respond to the initial pleading. If the stipulation for reclassification changes the jurisdictional classification of the case from limited to unlimited, the reclassification fee is paid at the time the stipulation is filed.

Section 403.060 states that, for reclassification of a case from a limited civil case to an unlimited civil case, a fee is charged. This reclassification fee is in addition to any other fee due for that appearance or filing in a limited civil case. If a reclassification fee is required and is not paid at the time an amended complaint or other initial pleading, a cross-complaint, or a stipulation for reclassification is filed, the clerk cannot reclassify the case.

Section 403.070 requires an action of proceeding that is classified to be deemed to have been commenced at the time the complaint or petition was initially filed, not at the time of reclassification. The court has the same authority over the reclassified action or proceeding.

Section 403.080 provides that, when an order is made by the superior court granting or denying a motion to reclassify an action or proceeding, the party aggrieved by the order may, within 20 days after service of a written notice of the order, petition the court of appeal for the district in which the court granting or denying the motion is situated for a writ of mandate requiring proper classification of the action or proceeding.

Section 403.090 authorizes the Judicial Council to prescribe rules governing the procedure for reclassification of civil actions and proceedings.