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SB-1012 Jurisdiction: limited civil case.(2017-2018)

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Date Published: 02/06/2018 09:00 PM
SB1012:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1012


Introduced by Senator Hertzberg

February 06, 2018


An act to amend Section 85 of the Code of Civil Procedure, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1012, as introduced, Hertzberg. Jurisdiction: limited civil case.
Existing law requires an action or special proceeding to be treated as a limited civil case if certain conditions exist, including, among others, that the amount in controversy does not exceed $25,000.
This bill would increase the amount in controversy for an action or special proceeding to be treated as a limited civil case to not exceed $50,000. The bill would also make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 85 of the Code of Civil Procedure is amended to read:

85.
 An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an Notwithstanding any law, including, but not limited to, a law that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless only if all of the following conditions are satisfied:
(a) The amount in controversy does not exceed twenty-five thousand dollars ($25,000). fifty thousand dollars ($50,000). 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 statutes 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 municipal 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.