| 1 | | - | Senate Bill No. 71 CHAPTER 861 An act to amend Section 2924j of the Civil Code, to amend Sections 85, 86, 86.1, 116.220, 116.221, 1710.20, and 1733 of the Code of Civil Procedure, to amend Sections 7581, 12647, 27601, 52514, and 53564 of the Food and Agricultural Code, and to amend Section 1305.5 of the Penal Code, relating to courts. [ Approved by Governor October 13, 2023. Filed with Secretary of State October 13, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 71, Umberg. Jurisdiction: small claims and limited civil case.Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts and claims brought by natural persons, not exceeding $10,000, except as specified. 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 small claims court jurisdiction over actions brought by a natural person, if the amount does not exceed $12,500, except as specified, and would also increase the amount in controversy permitted in other specified actions within the jurisdiction of the small claims court. The bill would increase the limit on the amount in controversy for an action or special proceeding to be treated as a limited civil case to $35,000. The bill would also make technical, nonsubstantive changes to these provisions and make conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2924j of the Civil Code is amended to read:2924j. (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustees deed resulting from a sale in which there are proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee shall send written notice to all persons with recorded interests in the real property as of the date immediately prior to the trustees sale who would be entitled to notice pursuant to subdivisions (b) and (c) of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there has been a trustees sale of the described real property.(2) That the noticed person may have a claim to all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed person may be required to present proof that the person holds the beneficial interest in the obligation and the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the person holds the beneficial interest may include the original promissory note and assignment of beneficial interests related thereto. The noticed person shall also submit a written claim to the trustee, executed under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustees sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be received by the trustee at the address stated in the notice no later than 30 days after the date the trustee sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority of the written claims received by the trustee to the trustees sale surplus proceeds from those persons to whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period. If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c) If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustees sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustees sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d), and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustees sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a).The clerk shall deposit the amount with the county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2) of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court upon the application of any interested party. The clerk may charge a reasonable fee for the performance of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant to this subdivision may be either for the total proceeds of the trustees sale, less any fees charged by the clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information.Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustees declaration at the addresses specified therein. Where the amount of the deposit is thirty-five thousand dollars ($35,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to resolve a dispute about the proceeds of a trustees sale. Once an interpleader action has been filed, thereafter the provisions of this section do not apply.(f) Due diligence, for the purposes of this section means that the trustee researched the written claims submitted or other evidence of conflicts and determined that a conflict of priorities exists between two or more claimants which the trustee is unable to resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for providing to any person who is entitled to notice pursuant to this section, information set forth in, or a copy of, subdivision (h) of Section 2945.3.SEC. 2. Section 85 of the Code of Civil Procedure is amended to read:85. 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.SEC. 3. Section 86 of the Code of Civil Procedure is amended to read:86. (a) The following civil cases and proceedings are limited civil cases:(1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant.(2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000).(3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case.(4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less.(5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less.(6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case.(7) An action for declaratory relief if brought pursuant to either of the following:(A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case.(B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less.(8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case.(9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000).(10) An arbitration-related petition filed pursuant to either of the following:(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a).(B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less.(b) The following cases in equity are limited civil cases:(1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000).(2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.(3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect.SEC. 4. Section 86.1 of the Code of Civil Procedure is amended to read:86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less.SEC. 5. Section 116.220 of the Code of Civil Procedure is amended to read:116.220. (a) The small claims court has jurisdiction in the following actions:(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125).(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiffs administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiffs administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiffs discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.(g) For purposes of this section, department includes an employee of a department against whom a claim has been filed under this chapter arising out of an employees duties as an employee of that department.SEC. 6. Section 116.221 of the Code of Civil Procedure is amended to read:116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.SEC. 7. Section 1710.20 of the Code of Civil Procedure is amended to read:1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:(1) The county in which any judgment debtor resides.(2) If no judgment debtor is a resident, any county in this state.(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 8. Section 1733 of the Code of Civil Procedure is amended to read:1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following:(1) The county in which any respondent resides or owns property.(2) If no respondent is a resident, any county in this state.(c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 9. Section 7581 of the Food and Agricultural Code is amended to read:7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 10. Section 12647 of the Food and Agricultural Code is amended to read:12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 11. Section 27601 of the Food and Agricultural Code is amended to read:27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.(c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance.SEC. 12. Section 52514 of the Food and Agricultural Code is amended to read:52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 13. Section 53564 of the Food and Agricultural Code is amended to read:53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 14. Section 1305.5 of the Penal Code is amended to read:1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:(a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.(b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
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| 1 | + | Enrolled September 14, 2023 Passed IN Senate September 12, 2023 Passed IN Assembly September 11, 2023 Amended IN Assembly July 03, 2023 Amended IN Senate April 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 71Introduced by Senator Umberg(Coauthor: Assembly Member Essayli)January 09, 2023 An act to amend Section 2924j of the Civil Code, to amend Sections 85, 86, 86.1, 116.220, 116.221, 1710.20, and 1733 of the Code of Civil Procedure, to amend Sections 7581, 12647, 27601, 52514, and 53564 of the Food and Agricultural Code, and to amend Section 1305.5 of the Penal Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTSB 71, Umberg. Jurisdiction: small claims and limited civil case.Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts and claims brought by natural persons, not exceeding $10,000, except as specified. 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 small claims court jurisdiction over actions brought by a natural person, if the amount does not exceed $12,500, except as specified, and would also increase the amount in controversy permitted in other specified actions within the jurisdiction of the small claims court. The bill would increase the limit on the amount in controversy for an action or special proceeding to be treated as a limited civil case to $35,000. The bill would also make technical, nonsubstantive changes to these provisions and make conforming changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2924j of the Civil Code is amended to read:2924j. (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustees deed resulting from a sale in which there are proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee shall send written notice to all persons with recorded interests in the real property as of the date immediately prior to the trustees sale who would be entitled to notice pursuant to subdivisions (b) and (c) of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there has been a trustees sale of the described real property.(2) That the noticed person may have a claim to all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed person may be required to present proof that the person holds the beneficial interest in the obligation and the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the person holds the beneficial interest may include the original promissory note and assignment of beneficial interests related thereto. The noticed person shall also submit a written claim to the trustee, executed under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustees sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be received by the trustee at the address stated in the notice no later than 30 days after the date the trustee sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority of the written claims received by the trustee to the trustees sale surplus proceeds from those persons to whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period. If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c) If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustees sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustees sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d), and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustees sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a).The clerk shall deposit the amount with the county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2) of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court upon the application of any interested party. The clerk may charge a reasonable fee for the performance of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant to this subdivision may be either for the total proceeds of the trustees sale, less any fees charged by the clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information.Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustees declaration at the addresses specified therein. Where the amount of the deposit is thirty-five thousand dollars ($35,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to resolve a dispute about the proceeds of a trustees sale. Once an interpleader action has been filed, thereafter the provisions of this section do not apply.(f) Due diligence, for the purposes of this section means that the trustee researched the written claims submitted or other evidence of conflicts and determined that a conflict of priorities exists between two or more claimants which the trustee is unable to resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for providing to any person who is entitled to notice pursuant to this section, information set forth in, or a copy of, subdivision (h) of Section 2945.3.SEC. 2. Section 85 of the Code of Civil Procedure is amended to read:85. 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.SEC. 3. Section 86 of the Code of Civil Procedure is amended to read:86. (a) The following civil cases and proceedings are limited civil cases:(1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant.(2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000).(3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case.(4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less.(5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less.(6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case.(7) An action for declaratory relief if brought pursuant to either of the following:(A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case.(B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less.(8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case.(9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000).(10) An arbitration-related petition filed pursuant to either of the following:(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a).(B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less.(b) The following cases in equity are limited civil cases:(1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000).(2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.(3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect.SEC. 4. Section 86.1 of the Code of Civil Procedure is amended to read:86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less.SEC. 5. Section 116.220 of the Code of Civil Procedure is amended to read:116.220. (a) The small claims court has jurisdiction in the following actions:(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125).(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiffs administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiffs administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiffs discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.(g) For purposes of this section, department includes an employee of a department against whom a claim has been filed under this chapter arising out of an employees duties as an employee of that department.SEC. 6. Section 116.221 of the Code of Civil Procedure is amended to read:116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.SEC. 7. Section 1710.20 of the Code of Civil Procedure is amended to read:1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:(1) The county in which any judgment debtor resides.(2) If no judgment debtor is a resident, any county in this state.(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 8. Section 1733 of the Code of Civil Procedure is amended to read:1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following:(1) The county in which any respondent resides or owns property.(2) If no respondent is a resident, any county in this state.(c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 9. Section 7581 of the Food and Agricultural Code is amended to read:7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 10. Section 12647 of the Food and Agricultural Code is amended to read:12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 11. Section 27601 of the Food and Agricultural Code is amended to read:27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.(c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance.SEC. 12. Section 52514 of the Food and Agricultural Code is amended to read:52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 13. Section 53564 of the Food and Agricultural Code is amended to read:53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 14. Section 1305.5 of the Penal Code is amended to read:1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:(a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.(b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | SB 71, Umberg. Jurisdiction: small claims and limited civil case. |
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| 20 | 31 | | |
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| 21 | 32 | | Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts and claims brought by natural persons, not exceeding $10,000, except as specified. 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 small claims court jurisdiction over actions brought by a natural person, if the amount does not exceed $12,500, except as specified, and would also increase the amount in controversy permitted in other specified actions within the jurisdiction of the small claims court. The bill would increase the limit on the amount in controversy for an action or special proceeding to be treated as a limited civil case to $35,000. The bill would also make technical, nonsubstantive changes to these provisions and make conforming changes. |
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| 22 | 33 | | |
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| 23 | 34 | | Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts and claims brought by natural persons, not exceeding $10,000, except as specified. 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. |
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| 24 | 35 | | |
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| 25 | 36 | | This bill would increase the small claims court jurisdiction over actions brought by a natural person, if the amount does not exceed $12,500, except as specified, and would also increase the amount in controversy permitted in other specified actions within the jurisdiction of the small claims court. The bill would increase the limit on the amount in controversy for an action or special proceeding to be treated as a limited civil case to $35,000. The bill would also make technical, nonsubstantive changes to these provisions and make conforming changes. |
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| 26 | 37 | | |
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| 27 | 38 | | ## Digest Key |
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| 28 | 39 | | |
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| 29 | 40 | | ## Bill Text |
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| 30 | 41 | | |
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| 31 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 2924j of the Civil Code is amended to read:2924j. (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustees deed resulting from a sale in which there are proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee shall send written notice to all persons with recorded interests in the real property as of the date immediately prior to the trustees sale who would be entitled to notice pursuant to subdivisions (b) and (c) of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there has been a trustees sale of the described real property.(2) That the noticed person may have a claim to all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed person may be required to present proof that the person holds the beneficial interest in the obligation and the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the person holds the beneficial interest may include the original promissory note and assignment of beneficial interests related thereto. The noticed person shall also submit a written claim to the trustee, executed under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustees sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be received by the trustee at the address stated in the notice no later than 30 days after the date the trustee sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority of the written claims received by the trustee to the trustees sale surplus proceeds from those persons to whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period. If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c) If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustees sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustees sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d), and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustees sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a).The clerk shall deposit the amount with the county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2) of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court upon the application of any interested party. The clerk may charge a reasonable fee for the performance of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant to this subdivision may be either for the total proceeds of the trustees sale, less any fees charged by the clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information.Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustees declaration at the addresses specified therein. Where the amount of the deposit is thirty-five thousand dollars ($35,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to resolve a dispute about the proceeds of a trustees sale. Once an interpleader action has been filed, thereafter the provisions of this section do not apply.(f) Due diligence, for the purposes of this section means that the trustee researched the written claims submitted or other evidence of conflicts and determined that a conflict of priorities exists between two or more claimants which the trustee is unable to resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for providing to any person who is entitled to notice pursuant to this section, information set forth in, or a copy of, subdivision (h) of Section 2945.3.SEC. 2. Section 85 of the Code of Civil Procedure is amended to read:85. 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.SEC. 3. Section 86 of the Code of Civil Procedure is amended to read:86. (a) The following civil cases and proceedings are limited civil cases:(1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant.(2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000).(3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case.(4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less.(5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less.(6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case.(7) An action for declaratory relief if brought pursuant to either of the following:(A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case.(B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less.(8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case.(9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000).(10) An arbitration-related petition filed pursuant to either of the following:(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a).(B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less.(b) The following cases in equity are limited civil cases:(1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000).(2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.(3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect.SEC. 4. Section 86.1 of the Code of Civil Procedure is amended to read:86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less.SEC. 5. Section 116.220 of the Code of Civil Procedure is amended to read:116.220. (a) The small claims court has jurisdiction in the following actions:(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125).(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiffs administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiffs administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiffs discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.(g) For purposes of this section, department includes an employee of a department against whom a claim has been filed under this chapter arising out of an employees duties as an employee of that department.SEC. 6. Section 116.221 of the Code of Civil Procedure is amended to read:116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.SEC. 7. Section 1710.20 of the Code of Civil Procedure is amended to read:1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:(1) The county in which any judgment debtor resides.(2) If no judgment debtor is a resident, any county in this state.(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 8. Section 1733 of the Code of Civil Procedure is amended to read:1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following:(1) The county in which any respondent resides or owns property.(2) If no respondent is a resident, any county in this state.(c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 9. Section 7581 of the Food and Agricultural Code is amended to read:7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 10. Section 12647 of the Food and Agricultural Code is amended to read:12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 11. Section 27601 of the Food and Agricultural Code is amended to read:27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.(c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance.SEC. 12. Section 52514 of the Food and Agricultural Code is amended to read:52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 13. Section 53564 of the Food and Agricultural Code is amended to read:53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case.SEC. 14. Section 1305.5 of the Penal Code is amended to read:1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:(a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.(b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
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| 32 | 43 | | |
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| 33 | 44 | | The people of the State of California do enact as follows: |
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| 35 | 46 | | ## The people of the State of California do enact as follows: |
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| 37 | 48 | | SECTION 1. Section 2924j of the Civil Code is amended to read:2924j. (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustees deed resulting from a sale in which there are proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee shall send written notice to all persons with recorded interests in the real property as of the date immediately prior to the trustees sale who would be entitled to notice pursuant to subdivisions (b) and (c) of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there has been a trustees sale of the described real property.(2) That the noticed person may have a claim to all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed person may be required to present proof that the person holds the beneficial interest in the obligation and the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the person holds the beneficial interest may include the original promissory note and assignment of beneficial interests related thereto. The noticed person shall also submit a written claim to the trustee, executed under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustees sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be received by the trustee at the address stated in the notice no later than 30 days after the date the trustee sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority of the written claims received by the trustee to the trustees sale surplus proceeds from those persons to whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period. If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c) If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustees sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustees sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d), and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustees sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a).The clerk shall deposit the amount with the county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2) of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court upon the application of any interested party. The clerk may charge a reasonable fee for the performance of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant to this subdivision may be either for the total proceeds of the trustees sale, less any fees charged by the clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information.Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustees declaration at the addresses specified therein. Where the amount of the deposit is thirty-five thousand dollars ($35,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to resolve a dispute about the proceeds of a trustees sale. Once an interpleader action has been filed, thereafter the provisions of this section do not apply.(f) Due diligence, for the purposes of this section means that the trustee researched the written claims submitted or other evidence of conflicts and determined that a conflict of priorities exists between two or more claimants which the trustee is unable to resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for providing to any person who is entitled to notice pursuant to this section, information set forth in, or a copy of, subdivision (h) of Section 2945.3. |
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| 38 | 49 | | |
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| 39 | 50 | | SECTION 1. Section 2924j of the Civil Code is amended to read: |
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| 40 | 51 | | |
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| 41 | 52 | | ### SECTION 1. |
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| 42 | 53 | | |
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| 43 | 54 | | 2924j. (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustees deed resulting from a sale in which there are proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee shall send written notice to all persons with recorded interests in the real property as of the date immediately prior to the trustees sale who would be entitled to notice pursuant to subdivisions (b) and (c) of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there has been a trustees sale of the described real property.(2) That the noticed person may have a claim to all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed person may be required to present proof that the person holds the beneficial interest in the obligation and the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the person holds the beneficial interest may include the original promissory note and assignment of beneficial interests related thereto. The noticed person shall also submit a written claim to the trustee, executed under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustees sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be received by the trustee at the address stated in the notice no later than 30 days after the date the trustee sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority of the written claims received by the trustee to the trustees sale surplus proceeds from those persons to whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period. If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c) If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustees sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustees sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d), and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustees sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a).The clerk shall deposit the amount with the county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2) of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court upon the application of any interested party. The clerk may charge a reasonable fee for the performance of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant to this subdivision may be either for the total proceeds of the trustees sale, less any fees charged by the clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information.Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustees declaration at the addresses specified therein. Where the amount of the deposit is thirty-five thousand dollars ($35,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to resolve a dispute about the proceeds of a trustees sale. Once an interpleader action has been filed, thereafter the provisions of this section do not apply.(f) Due diligence, for the purposes of this section means that the trustee researched the written claims submitted or other evidence of conflicts and determined that a conflict of priorities exists between two or more claimants which the trustee is unable to resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for providing to any person who is entitled to notice pursuant to this section, information set forth in, or a copy of, subdivision (h) of Section 2945.3. |
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| 44 | 55 | | |
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| 45 | 56 | | 2924j. (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustees deed resulting from a sale in which there are proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee shall send written notice to all persons with recorded interests in the real property as of the date immediately prior to the trustees sale who would be entitled to notice pursuant to subdivisions (b) and (c) of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there has been a trustees sale of the described real property.(2) That the noticed person may have a claim to all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed person may be required to present proof that the person holds the beneficial interest in the obligation and the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the person holds the beneficial interest may include the original promissory note and assignment of beneficial interests related thereto. The noticed person shall also submit a written claim to the trustee, executed under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustees sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be received by the trustee at the address stated in the notice no later than 30 days after the date the trustee sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority of the written claims received by the trustee to the trustees sale surplus proceeds from those persons to whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period. If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c) If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustees sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustees sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d), and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustees sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a).The clerk shall deposit the amount with the county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2) of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court upon the application of any interested party. The clerk may charge a reasonable fee for the performance of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant to this subdivision may be either for the total proceeds of the trustees sale, less any fees charged by the clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information.Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustees declaration at the addresses specified therein. Where the amount of the deposit is thirty-five thousand dollars ($35,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to resolve a dispute about the proceeds of a trustees sale. Once an interpleader action has been filed, thereafter the provisions of this section do not apply.(f) Due diligence, for the purposes of this section means that the trustee researched the written claims submitted or other evidence of conflicts and determined that a conflict of priorities exists between two or more claimants which the trustee is unable to resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for providing to any person who is entitled to notice pursuant to this section, information set forth in, or a copy of, subdivision (h) of Section 2945.3. |
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| 46 | 57 | | |
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| 47 | 58 | | 2924j. (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustees deed resulting from a sale in which there are proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee shall send written notice to all persons with recorded interests in the real property as of the date immediately prior to the trustees sale who would be entitled to notice pursuant to subdivisions (b) and (c) of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of subdivision (c) of Section 2924b and inform each entitled person of each of the following:(1) That there has been a trustees sale of the described real property.(2) That the noticed person may have a claim to all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k.(3) The noticed person may contact the trustee at the address provided in the notice to pursue any potential claim.(4) That before the trustee can act, the noticed person may be required to present proof that the person holds the beneficial interest in the obligation and the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the person holds the beneficial interest may include the original promissory note and assignment of beneficial interests related thereto. The noticed person shall also submit a written claim to the trustee, executed under penalty of perjury, stating the following:(A) The amount of the claim to the date of trustees sale.(B) An itemized statement of the principal, interest, and other charges.(C) That claims must be received by the trustee at the address stated in the notice no later than 30 days after the date the trustee sends notice to the potential claimant.(b) The trustee shall exercise due diligence to determine the priority of the written claims received by the trustee to the trustees sale surplus proceeds from those persons to whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period. If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds.(c) If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustees sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustees sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d), and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustees sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a).The clerk shall deposit the amount with the county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2) of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court upon the application of any interested party. The clerk may charge a reasonable fee for the performance of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant to this subdivision may be either for the total proceeds of the trustees sale, less any fees charged by the clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be distributed after due diligence, less any fees charged by the clerk.(d) Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information.Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustees declaration at the addresses specified therein. Where the amount of the deposit is thirty-five thousand dollars ($35,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto.(e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to resolve a dispute about the proceeds of a trustees sale. Once an interpleader action has been filed, thereafter the provisions of this section do not apply.(f) Due diligence, for the purposes of this section means that the trustee researched the written claims submitted or other evidence of conflicts and determined that a conflict of priorities exists between two or more claimants which the trustee is unable to resolve.(g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure).(h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for providing to any person who is entitled to notice pursuant to this section, information set forth in, or a copy of, subdivision (h) of Section 2945.3. |
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| 50 | 61 | | |
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| 51 | 62 | | 2924j. (a) Unless an interpleader action has been filed, within 30 days of the execution of the trustees deed resulting from a sale in which there are proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k, the trustee shall send written notice to all persons with recorded interests in the real property as of the date immediately prior to the trustees sale who would be entitled to notice pursuant to subdivisions (b) and (c) of Section 2924b. The notice shall be sent by first-class mail in the manner provided in paragraph (1) of subdivision (c) of Section 2924b and inform each entitled person of each of the following: |
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| 52 | 63 | | |
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| 53 | 64 | | (1) That there has been a trustees sale of the described real property. |
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| 54 | 65 | | |
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| 55 | 66 | | (2) That the noticed person may have a claim to all or a portion of the sale proceeds remaining after payment of the amounts required by paragraphs (1) and (2) of subdivision (a) of Section 2924k. |
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| 56 | 67 | | |
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| 57 | 68 | | (3) The noticed person may contact the trustee at the address provided in the notice to pursue any potential claim. |
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| 58 | 69 | | |
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| 59 | 70 | | (4) That before the trustee can act, the noticed person may be required to present proof that the person holds the beneficial interest in the obligation and the security interest therefor. In the case of a promissory note secured by a deed of trust, proof that the person holds the beneficial interest may include the original promissory note and assignment of beneficial interests related thereto. The noticed person shall also submit a written claim to the trustee, executed under penalty of perjury, stating the following: |
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| 60 | 71 | | |
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| 61 | 72 | | (A) The amount of the claim to the date of trustees sale. |
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| 62 | 73 | | |
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| 63 | 74 | | (B) An itemized statement of the principal, interest, and other charges. |
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| 64 | 75 | | |
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| 65 | 76 | | (C) That claims must be received by the trustee at the address stated in the notice no later than 30 days after the date the trustee sends notice to the potential claimant. |
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| 66 | 77 | | |
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| 67 | 78 | | (b) The trustee shall exercise due diligence to determine the priority of the written claims received by the trustee to the trustees sale surplus proceeds from those persons to whom notice was sent pursuant to subdivision (a). In the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period. If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall deposit the funds with the clerk of the court pursuant to subdivision (c) or file an interpleader action pursuant to subdivision (e). Nothing in this section shall preclude any person from pursuing other remedies or claims as to surplus proceeds. |
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| 68 | 79 | | |
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| 69 | 80 | | (c) If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustees sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustees sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d), and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustees sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a). |
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| 70 | 81 | | |
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| 71 | 82 | | The clerk shall deposit the amount with the county treasurer or, if a bank account has been established for moneys held in trust under paragraph (2) of subdivision (a) of Section 77009 of the Government Code, in that account, subject to order of the court upon the application of any interested party. The clerk may charge a reasonable fee for the performance of activities pursuant to this subdivision equal to the fee for filing an interpleader action pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of the Government Code. Upon deposit of that portion of the sale proceeds that cannot be distributed by due diligence, the trustee shall be discharged of further responsibility for the disbursement of sale proceeds. A deposit with the clerk of the court pursuant to this subdivision may be either for the total proceeds of the trustees sale, less any fees charged by the clerk, if a conflict or conflicts exist with respect to the total proceeds, or that portion that cannot be distributed after due diligence, less any fees charged by the clerk. |
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| 72 | 83 | | |
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| 73 | 84 | | (d) Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information. |
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| 74 | 85 | | |
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| 75 | 86 | | Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustees declaration at the addresses specified therein. Where the amount of the deposit is thirty-five thousand dollars ($35,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto. |
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| 76 | 87 | | |
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| 77 | 88 | | (e) Nothing in this section restricts the ability of a trustee to file an interpleader action in order to resolve a dispute about the proceeds of a trustees sale. Once an interpleader action has been filed, thereafter the provisions of this section do not apply. |
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| 78 | 89 | | |
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| 79 | 90 | | (f) Due diligence, for the purposes of this section means that the trustee researched the written claims submitted or other evidence of conflicts and determined that a conflict of priorities exists between two or more claimants which the trustee is unable to resolve. |
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| 80 | 91 | | |
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| 81 | 92 | | (g) To the extent required by the Unclaimed Property Law, a trustee in possession of surplus proceeds not required to be deposited with the court pursuant to subdivision (b) shall comply with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure). |
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| 82 | 93 | | |
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| 83 | 94 | | (h) The trustee, beneficiary, or counsel to the trustee or beneficiary, is not liable for providing to any person who is entitled to notice pursuant to this section, information set forth in, or a copy of, subdivision (h) of Section 2945.3. |
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| 84 | 95 | | |
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| 85 | 96 | | SEC. 2. Section 85 of the Code of Civil Procedure is amended to read:85. 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. |
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| 86 | 97 | | |
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| 87 | 98 | | SEC. 2. Section 85 of the Code of Civil Procedure is amended to read: |
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| 88 | 99 | | |
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| 89 | 100 | | ### SEC. 2. |
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| 90 | 101 | | |
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| 91 | 102 | | 85. 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. |
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| 92 | 103 | | |
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| 93 | 104 | | 85. 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. |
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| 94 | 105 | | |
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| 95 | 106 | | 85. 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. |
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| 96 | 107 | | |
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| 97 | 108 | | |
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| 98 | 109 | | |
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| 99 | 110 | | 85. 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: |
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| 100 | 111 | | |
|---|
| 101 | 112 | | (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. |
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| 102 | 113 | | |
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| 103 | 114 | | (b) The relief sought is a type that may be granted in a limited civil case. |
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| 104 | 115 | | |
|---|
| 105 | 116 | | (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: |
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| 106 | 117 | | |
|---|
| 107 | 118 | | (1) Section 798.61 or 798.88 of the Civil Code. |
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| 108 | 119 | | |
|---|
| 109 | 120 | | (2) Section 1719 of the Civil Code. |
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| 110 | 121 | | |
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| 111 | 122 | | (3) Section 3342.5 of the Civil Code. |
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| 112 | 123 | | |
|---|
| 113 | 124 | | (4) Section 86. |
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| 114 | 125 | | |
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| 115 | 126 | | (5) Section 86.1. |
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| 116 | 127 | | |
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| 117 | 128 | | (6) Section 1710.20. |
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| 118 | 129 | | |
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| 119 | 130 | | (7) Section 7581 of the Food and Agricultural Code. |
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| 120 | 131 | | |
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| 121 | 132 | | (8) Section 12647 of the Food and Agricultural Code. |
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| 122 | 133 | | |
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| 123 | 134 | | (9) Section 27601 of the Food and Agricultural Code. |
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| 124 | 135 | | |
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| 125 | 136 | | (10) Section 31503 of the Food and Agricultural Code. |
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| 126 | 137 | | |
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| 127 | 138 | | (11) Section 31621 of the Food and Agricultural Code. |
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| 128 | 139 | | |
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| 129 | 140 | | (12) Section 52514 of the Food and Agricultural Code. |
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| 130 | 141 | | |
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| 131 | 142 | | (13) Section 53564 of the Food and Agricultural Code. |
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| 132 | 143 | | |
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| 133 | 144 | | (14) Section 53069.4 of the Government Code. |
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| 134 | 145 | | |
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| 135 | 146 | | (15) Section 53075.6 of the Government Code. |
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| 136 | 147 | | |
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| 137 | 148 | | (16) Section 53075.61 of the Government Code. |
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| 138 | 149 | | |
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| 139 | 150 | | (17) Section 5411.5 of the Public Utilities Code. |
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| 140 | 151 | | |
|---|
| 141 | 152 | | (18) Section 9872.1 of the Vehicle Code. |
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| 142 | 153 | | |
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| 143 | 154 | | (19) Section 10751 of the Vehicle Code. |
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| 144 | 155 | | |
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| 145 | 156 | | (20) Section 14607.6 of the Vehicle Code. |
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| 146 | 157 | | |
|---|
| 147 | 158 | | (21) Section 40230 of the Vehicle Code. |
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| 148 | 159 | | |
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| 149 | 160 | | (22) Section 40256 of the Vehicle Code. |
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| 150 | 161 | | |
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| 151 | 162 | | SEC. 3. Section 86 of the Code of Civil Procedure is amended to read:86. (a) The following civil cases and proceedings are limited civil cases:(1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant.(2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000).(3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case.(4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less.(5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less.(6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case.(7) An action for declaratory relief if brought pursuant to either of the following:(A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case.(B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less.(8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case.(9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000).(10) An arbitration-related petition filed pursuant to either of the following:(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a).(B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less.(b) The following cases in equity are limited civil cases:(1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000).(2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.(3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect. |
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| 152 | 163 | | |
|---|
| 153 | 164 | | SEC. 3. Section 86 of the Code of Civil Procedure is amended to read: |
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| 154 | 165 | | |
|---|
| 155 | 166 | | ### SEC. 3. |
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| 156 | 167 | | |
|---|
| 157 | 168 | | 86. (a) The following civil cases and proceedings are limited civil cases:(1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant.(2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000).(3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case.(4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less.(5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less.(6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case.(7) An action for declaratory relief if brought pursuant to either of the following:(A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case.(B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less.(8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case.(9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000).(10) An arbitration-related petition filed pursuant to either of the following:(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a).(B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less.(b) The following cases in equity are limited civil cases:(1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000).(2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.(3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect. |
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| 158 | 169 | | |
|---|
| 159 | 170 | | 86. (a) The following civil cases and proceedings are limited civil cases:(1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant.(2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000).(3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case.(4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less.(5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less.(6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case.(7) An action for declaratory relief if brought pursuant to either of the following:(A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case.(B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less.(8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case.(9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000).(10) An arbitration-related petition filed pursuant to either of the following:(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a).(B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less.(b) The following cases in equity are limited civil cases:(1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000).(2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.(3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect. |
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| 160 | 171 | | |
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| 161 | 172 | | 86. (a) The following civil cases and proceedings are limited civil cases:(1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant.(2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000).(3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case.(4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less.(5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less.(6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case.(7) An action for declaratory relief if brought pursuant to either of the following:(A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case.(B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less.(8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case.(9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000).(10) An arbitration-related petition filed pursuant to either of the following:(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a).(B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less.(b) The following cases in equity are limited civil cases:(1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000).(2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case.(3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect. |
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| 162 | 173 | | |
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| 163 | 174 | | |
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| 164 | 175 | | |
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| 165 | 176 | | 86. (a) The following civil cases and proceedings are limited civil cases: |
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| 166 | 177 | | |
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| 167 | 178 | | (1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant. |
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| 168 | 179 | | |
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| 169 | 180 | | (2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000). |
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| 170 | 181 | | |
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| 171 | 182 | | (3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case. |
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| 172 | 183 | | |
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| 173 | 184 | | (4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less. |
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| 174 | 185 | | |
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| 175 | 186 | | (5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less. |
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| 176 | 187 | | |
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| 177 | 188 | | (6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case. |
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| 178 | 189 | | |
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| 179 | 190 | | (7) An action for declaratory relief if brought pursuant to either of the following: |
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| 180 | 191 | | |
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| 181 | 192 | | (A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case. |
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| 182 | 193 | | |
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| 183 | 194 | | (B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less. |
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| 184 | 195 | | |
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| 185 | 196 | | (8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case. |
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| 186 | 197 | | |
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| 187 | 198 | | (9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000). |
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| 188 | 199 | | |
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| 189 | 200 | | (10) An arbitration-related petition filed pursuant to either of the following: |
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| 190 | 201 | | |
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| 191 | 202 | | (A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a). |
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| 192 | 203 | | |
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| 193 | 204 | | (B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less. |
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| 194 | 205 | | |
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| 195 | 206 | | (b) The following cases in equity are limited civil cases: |
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| 196 | 207 | | |
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| 197 | 208 | | (1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000). |
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| 198 | 209 | | |
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| 199 | 210 | | (2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case. |
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| 200 | 211 | | |
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| 201 | 212 | | (3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect. |
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| 202 | 213 | | |
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| 203 | 214 | | SEC. 4. Section 86.1 of the Code of Civil Procedure is amended to read:86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less. |
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| 204 | 215 | | |
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| 205 | 216 | | SEC. 4. Section 86.1 of the Code of Civil Procedure is amended to read: |
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| 206 | 217 | | |
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| 207 | 218 | | ### SEC. 4. |
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| 208 | 219 | | |
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| 209 | 220 | | 86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less. |
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| 210 | 221 | | |
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| 211 | 222 | | 86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less. |
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| 212 | 223 | | |
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| 213 | 224 | | 86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less. |
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| 214 | 225 | | |
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| 215 | 226 | | |
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| 216 | 227 | | |
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| 217 | 228 | | 86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less. |
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| 218 | 229 | | |
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| 219 | 230 | | SEC. 5. Section 116.220 of the Code of Civil Procedure is amended to read:116.220. (a) The small claims court has jurisdiction in the following actions:(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125).(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiffs administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiffs administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiffs discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.(g) For purposes of this section, department includes an employee of a department against whom a claim has been filed under this chapter arising out of an employees duties as an employee of that department. |
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| 220 | 231 | | |
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| 221 | 232 | | SEC. 5. Section 116.220 of the Code of Civil Procedure is amended to read: |
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| 222 | 233 | | |
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| 223 | 234 | | ### SEC. 5. |
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| 224 | 235 | | |
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| 225 | 236 | | 116.220. (a) The small claims court has jurisdiction in the following actions:(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125).(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiffs administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiffs administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiffs discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.(g) For purposes of this section, department includes an employee of a department against whom a claim has been filed under this chapter arising out of an employees duties as an employee of that department. |
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| 226 | 237 | | |
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| 227 | 238 | | 116.220. (a) The small claims court has jurisdiction in the following actions:(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125).(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiffs administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiffs administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiffs discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.(g) For purposes of this section, department includes an employee of a department against whom a claim has been filed under this chapter arising out of an employees duties as an employee of that department. |
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| 228 | 239 | | |
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| 229 | 240 | | 116.220. (a) The small claims court has jurisdiction in the following actions:(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).(4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.(b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125).(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).(d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiffs administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiffs administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiffs discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.(g) For purposes of this section, department includes an employee of a department against whom a claim has been filed under this chapter arising out of an employees duties as an employee of that department. |
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| 230 | 241 | | |
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| 231 | 242 | | |
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| 232 | 243 | | |
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| 233 | 244 | | 116.220. (a) The small claims court has jurisdiction in the following actions: |
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| 234 | 245 | | |
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| 235 | 246 | | (1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250). |
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| 236 | 247 | | |
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| 237 | 248 | | (2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant. |
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| 238 | 249 | | |
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| 239 | 250 | | (3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250). |
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| 240 | 251 | | |
|---|
| 241 | 252 | | (4) To confirm, correct, or vacate a fee arbitration award not exceeding six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. |
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| 242 | 253 | | |
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| 243 | 254 | | (5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief. |
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| 244 | 255 | | |
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| 245 | 256 | | (b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order. |
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| 246 | 257 | | |
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| 247 | 258 | | (c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows: |
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| 248 | 259 | | |
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| 249 | 260 | | (1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply. |
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| 250 | 261 | | |
|---|
| 251 | 262 | | (2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125). |
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| 252 | 263 | | |
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| 253 | 264 | | (3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed eight thousand one hundred twenty-five dollars ($8,125). |
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| 254 | 265 | | |
|---|
| 255 | 266 | | (4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000). |
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| 256 | 267 | | |
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| 257 | 268 | | (d) In any case in which the lack of jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment. |
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| 258 | 269 | | |
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| 259 | 270 | | (e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiffs administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiffs administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation. |
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| 260 | 271 | | |
|---|
| 261 | 272 | | (f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of subdivision (e) at the time of trial, the judicial officer shall, at the plaintiffs discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof. |
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| 262 | 273 | | |
|---|
| 263 | 274 | | (g) For purposes of this section, department includes an employee of a department against whom a claim has been filed under this chapter arising out of an employees duties as an employee of that department. |
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| 264 | 275 | | |
|---|
| 265 | 276 | | SEC. 6. Section 116.221 of the Code of Civil Procedure is amended to read:116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231. |
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| 266 | 277 | | |
|---|
| 267 | 278 | | SEC. 6. Section 116.221 of the Code of Civil Procedure is amended to read: |
|---|
| 268 | 279 | | |
|---|
| 269 | 280 | | ### SEC. 6. |
|---|
| 270 | 281 | | |
|---|
| 271 | 282 | | 116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231. |
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| 272 | 283 | | |
|---|
| 273 | 284 | | 116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231. |
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| 274 | 285 | | |
|---|
| 275 | 286 | | 116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231. |
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| 276 | 287 | | |
|---|
| 277 | 288 | | |
|---|
| 278 | 289 | | |
|---|
| 279 | 290 | | 116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231. |
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| 280 | 291 | | |
|---|
| 281 | 292 | | SEC. 7. Section 1710.20 of the Code of Civil Procedure is amended to read:1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:(1) The county in which any judgment debtor resides.(2) If no judgment debtor is a resident, any county in this state.(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 282 | 293 | | |
|---|
| 283 | 294 | | SEC. 7. Section 1710.20 of the Code of Civil Procedure is amended to read: |
|---|
| 284 | 295 | | |
|---|
| 285 | 296 | | ### SEC. 7. |
|---|
| 286 | 297 | | |
|---|
| 287 | 298 | | 1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:(1) The county in which any judgment debtor resides.(2) If no judgment debtor is a resident, any county in this state.(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 288 | 299 | | |
|---|
| 289 | 300 | | 1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:(1) The county in which any judgment debtor resides.(2) If no judgment debtor is a resident, any county in this state.(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 290 | 301 | | |
|---|
| 291 | 302 | | 1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:(1) The county in which any judgment debtor resides.(2) If no judgment debtor is a resident, any county in this state.(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 292 | 303 | | |
|---|
| 293 | 304 | | |
|---|
| 294 | 305 | | |
|---|
| 295 | 306 | | 1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court. |
|---|
| 296 | 307 | | |
|---|
| 297 | 308 | | (b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following: |
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| 298 | 309 | | |
|---|
| 299 | 310 | | (1) The county in which any judgment debtor resides. |
|---|
| 300 | 311 | | |
|---|
| 301 | 312 | | (2) If no judgment debtor is a resident, any county in this state. |
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| 302 | 313 | | |
|---|
| 303 | 314 | | (c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 304 | 315 | | |
|---|
| 305 | 316 | | SEC. 8. Section 1733 of the Code of Civil Procedure is amended to read:1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following:(1) The county in which any respondent resides or owns property.(2) If no respondent is a resident, any county in this state.(c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 306 | 317 | | |
|---|
| 307 | 318 | | SEC. 8. Section 1733 of the Code of Civil Procedure is amended to read: |
|---|
| 308 | 319 | | |
|---|
| 309 | 320 | | ### SEC. 8. |
|---|
| 310 | 321 | | |
|---|
| 311 | 322 | | 1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following:(1) The county in which any respondent resides or owns property.(2) If no respondent is a resident, any county in this state.(c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 312 | 323 | | |
|---|
| 313 | 324 | | 1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following:(1) The county in which any respondent resides or owns property.(2) If no respondent is a resident, any county in this state.(c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 314 | 325 | | |
|---|
| 315 | 326 | | 1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court.(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following:(1) The county in which any respondent resides or owns property.(2) If no respondent is a resident, any county in this state.(c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 316 | 327 | | |
|---|
| 317 | 328 | | |
|---|
| 318 | 329 | | |
|---|
| 319 | 330 | | 1733. (a) An application for entry of a judgment under this chapter shall be filed in a superior court. |
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| 320 | 331 | | |
|---|
| 321 | 332 | | (b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following: |
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| 322 | 333 | | |
|---|
| 323 | 334 | | (1) The county in which any respondent resides or owns property. |
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| 324 | 335 | | |
|---|
| 325 | 336 | | (2) If no respondent is a resident, any county in this state. |
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| 326 | 337 | | |
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| 327 | 338 | | (c) A case in which the tribal court money judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 328 | 339 | | |
|---|
| 329 | 340 | | SEC. 9. Section 7581 of the Food and Agricultural Code is amended to read:7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 330 | 341 | | |
|---|
| 331 | 342 | | SEC. 9. Section 7581 of the Food and Agricultural Code is amended to read: |
|---|
| 332 | 343 | | |
|---|
| 333 | 344 | | ### SEC. 9. |
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| 334 | 345 | | |
|---|
| 335 | 346 | | 7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 336 | 347 | | |
|---|
| 337 | 348 | | 7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 338 | 349 | | |
|---|
| 339 | 350 | | 7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 340 | 351 | | |
|---|
| 341 | 352 | | |
|---|
| 342 | 353 | | |
|---|
| 343 | 354 | | 7581. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 344 | 355 | | |
|---|
| 345 | 356 | | SEC. 10. Section 12647 of the Food and Agricultural Code is amended to read:12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 346 | 357 | | |
|---|
| 347 | 358 | | SEC. 10. Section 12647 of the Food and Agricultural Code is amended to read: |
|---|
| 348 | 359 | | |
|---|
| 349 | 360 | | ### SEC. 10. |
|---|
| 350 | 361 | | |
|---|
| 351 | 362 | | 12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 352 | 363 | | |
|---|
| 353 | 364 | | 12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 354 | 365 | | |
|---|
| 355 | 366 | | 12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 356 | 367 | | |
|---|
| 357 | 368 | | |
|---|
| 358 | 369 | | |
|---|
| 359 | 370 | | 12647. A proceeding pursuant to this article where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
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| 360 | 371 | | |
|---|
| 361 | 372 | | SEC. 11. Section 27601 of the Food and Agricultural Code is amended to read:27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.(c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance. |
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| 362 | 373 | | |
|---|
| 363 | 374 | | SEC. 11. Section 27601 of the Food and Agricultural Code is amended to read: |
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| 364 | 375 | | |
|---|
| 365 | 376 | | ### SEC. 11. |
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| 366 | 377 | | |
|---|
| 367 | 378 | | 27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.(c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance. |
|---|
| 368 | 379 | | |
|---|
| 369 | 380 | | 27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.(c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance. |
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| 370 | 381 | | |
|---|
| 371 | 382 | | 27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance.(b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated.(c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal.(d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner.(e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.(f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance. |
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| 372 | 383 | | |
|---|
| 373 | 384 | | |
|---|
| 374 | 385 | | |
|---|
| 375 | 386 | | 27601. (a) Upon the request of the director or an authorized representative, the district attorney of the county where the eggs and their containers that are a public nuisance are found, shall maintain, in the name of the people of the State of California, a civil action to abate and prevent the public nuisance. |
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| 376 | 387 | | |
|---|
| 377 | 388 | | (b) Upon judgment and by order of the court, the eggs and their containers that are a public nuisance shall be condemned and destroyed in the manner that is directed by the court, or reconditioned, remarked, denatured, or otherwise processed, or released upon the conditions as the court in its discretion may impose to ensure that the nuisance is abated. |
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| 378 | 389 | | |
|---|
| 379 | 390 | | (c) If the owner fails to comply with the order of the court within the time specified in the order, the court may order disposal of the eggs and their containers or their sale, under the terms and conditions as the court may prescribe, by the enforcement officer, or by the sheriff or marshal. |
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| 380 | 391 | | |
|---|
| 381 | 392 | | (d) If the court orders the sale of any of the eggs and their containers which can be salvaged, the costs of disposal shall be deducted from the proceeds of sale and the balance paid into court for the owner. |
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| 382 | 393 | | |
|---|
| 383 | 394 | | (e) A proceeding pursuant to this chapter or any regulation adopted pursuant to this chapter where the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 384 | 395 | | |
|---|
| 385 | 396 | | (f) A public nuisance described in this section may only be abated in any action or proceeding pursuant to the remedies provided by this chapter. This chapter provides the exclusive source of costs and civil penalties that may be assessed by reason of the public nuisance against the owner of eggs and their containers that are found to be a public nuisance. |
|---|
| 386 | 397 | | |
|---|
| 387 | 398 | | SEC. 12. Section 52514 of the Food and Agricultural Code is amended to read:52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 388 | 399 | | |
|---|
| 389 | 400 | | SEC. 12. Section 52514 of the Food and Agricultural Code is amended to read: |
|---|
| 390 | 401 | | |
|---|
| 391 | 402 | | ### SEC. 12. |
|---|
| 392 | 403 | | |
|---|
| 393 | 404 | | 52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 394 | 405 | | |
|---|
| 395 | 406 | | 52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 396 | 407 | | |
|---|
| 397 | 408 | | 52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 398 | 409 | | |
|---|
| 399 | 410 | | |
|---|
| 400 | 411 | | |
|---|
| 401 | 412 | | 52514. A proceeding pursuant to this article if the value of the property seized amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 402 | 413 | | |
|---|
| 403 | 414 | | SEC. 13. Section 53564 of the Food and Agricultural Code is amended to read:53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 404 | 415 | | |
|---|
| 405 | 416 | | SEC. 13. Section 53564 of the Food and Agricultural Code is amended to read: |
|---|
| 406 | 417 | | |
|---|
| 407 | 418 | | ### SEC. 13. |
|---|
| 408 | 419 | | |
|---|
| 409 | 420 | | 53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 410 | 421 | | |
|---|
| 411 | 422 | | 53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 412 | 423 | | |
|---|
| 413 | 424 | | 53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 414 | 425 | | |
|---|
| 415 | 426 | | |
|---|
| 416 | 427 | | |
|---|
| 417 | 428 | | 53564. A proceeding pursuant to this article if the value of the property is thirty-five thousand dollars ($35,000) or less is a limited civil case. |
|---|
| 418 | 429 | | |
|---|
| 419 | 430 | | SEC. 14. Section 1305.5 of the Penal Code is amended to read:1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:(a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.(b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
|---|
| 420 | 431 | | |
|---|
| 421 | 432 | | SEC. 14. Section 1305.5 of the Penal Code is amended to read: |
|---|
| 422 | 433 | | |
|---|
| 423 | 434 | | ### SEC. 14. |
|---|
| 424 | 435 | | |
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| 425 | 436 | | 1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:(a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.(b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
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| 426 | 437 | | |
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| 427 | 438 | | 1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:(a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.(b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
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| 428 | 439 | | |
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| 429 | 440 | | 1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305:(a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case.(b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case.(c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
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| 430 | 441 | | |
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| 431 | 442 | | |
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| 432 | 443 | | |
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| 433 | 444 | | 1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the Code of Civil Procedure, the following rules apply to an appeal from an order of the superior court on a motion to vacate a bail forfeiture declared under Section 1305: |
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| 434 | 445 | | |
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| 435 | 446 | | (a) If the amount in controversy exceeds thirty-five thousand dollars ($35,000), the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
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| 436 | 447 | | |
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| 437 | 448 | | (b) Except as provided in subdivision (c), if the amount in controversy does not exceed thirty-five thousand dollars ($35,000), the appeal is to the appellate division of the superior court and shall be treated as a limited civil case. |
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| 438 | 449 | | |
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| 439 | 450 | | (c) If the bail forfeiture was in a felony case, or in a case in which both a felony and a misdemeanor were charged, and the forfeiture occurred at or after the sentencing hearing or after the indictment or the legal commitment by a magistrate, the appeal is to the court of appeal and shall be treated as an unlimited civil case. |
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