!: Requirements Imposed on Limited Civil Litigation in the State of California

The topic of this article is a brief discussion of the statutes governing limited civil litigation in California. The statutes governing this are found in Sections 85 through 100 of the Code of Civil Procedure.

Anyone involved in limited civil litigation should carefully read the statutes as the author has worked on numerous cases where the opposing party, including opposing counsel, has propounded an excessive number of discovery requests, and/or has propounded special interrogatories or requests for admission with subparts, for example, a, b, c, d, which are prohibited. Taking this step will avoid situations like the ones just mentioned in which the author prepared objections based on the fact that the discovery requests did not comply with the statutes.

Code of Civil Procedure § 86 lists several different types of cases which are considered limited civil cases. Generally speaking a limited civil case is a civil case in which the principal demand does not exceed $25,000.00, not including attorney's fees, prejudgment interest or costs.

Note that while the demand in most unlawful detainer (eviction) actions does not exceed $25,000.00, that the normal rules that apply to limited civil cases do NOT apply.

And a limited civil action may be withdrawn from the provisions of Sections 85 through 100 of the Code of Civil Procedure on the grounds that it is impractical to prosecute or defend the action within the limitations of its provisions. The request must be made by noticed motion.

The pleadings allowed in limited civil cases are, complaints, answers, cross-complaints, answers to cross-complaints and general demurrers. Special demurrers are not allowed. Motions to strike are only allowed on the ground that the damages or relief sought are not supported by the allegations of the complaint..

The use of discovery questions in limited civil cases is extremely limited as Code of Civil Procedure § 94 imposes a total limit of any combination of 35 discovery requests including interrogatories, requests for admission, requests for production of documents. See said code section for the other limitations imposed such as only one oral or written deposition.

Note that in limited civil cases, form interrogatories count towards the limit of 35, and that Judicial Council Form DISC-004, titled form interrogatories-limited civil cases MUST be used as they do not contain subparts. Use of any other form interrogatories would be grounds for the responding party to object.

However, supplemental interrogatories and supplemental demands to produce documents may still be utilized.

A party may file a motion with the Court to be relieved from the discovery limitations for limited civil cases. They must show the Court that they cannot adequately prosecute or defend the action without the additional discovery.

The parties may also stipulate to additional discovery so anyone contemplating filing such a motion should first contact the opposing counsel or party to determine whether they will agree to stipulate to the additional discovery.

The author sincerely hopes that you have enjoyed this article.

Yours Truly, Stan Burman

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