§ 1141.11 Nonexempt unlimited civil cases; amount in controversy; submission to arbitration; use of case questionnaires

Codes > California Code of Civil Procedure > Part 3 > Title 3 : Chapter 2.5 > 1141.11

§ 1141.11. Nonexempt unlimited civil cases; amount in controversy; submission to arbitration; use of case
questionnaires

    (a) In each superior court with 18 or more judges, all nonexempt unlimited civil cases shall be submitted to arbitration under this chapter if the amount in controversy, in the opinion of the court, will not exceed fifty thousand dollars ($50,000) for each plaintiff.

    (b) In each superior court with fewer than 18 judges, the court may provide by local rule, when it determines that it is in the best interests of justice, that all nonexempt, unlimited civil cases shall be submitted to arbitration under this chapter if the amount in controversy, in the opinion of the court, will not exceed fifty thousand dollars ($50,000) for each plaintiff.

    (c) Each superior court may provide by local rule, when it is determined to be in the best interests of justice, that all nonexempt, limited civil cases shall be submitted to arbitration under this chapter. This section does not apply to any action in small claims court, or to any action maintained pursuant to Section 1781 of the Civil Code or Section 1161.

    (d)(1) In each court that has adopted judicial arbitration pursuant to subdivision (c), all limited civil cases that involve a claim for money damages against a single defendant as a result of a motor vehicle collision, except those heard in the small claims division, shall be submitted to arbitration within 120 days of the filing of the defendant's answer to the complaint (except as may be extended by the court for good cause) before an arbitrator selected by the court.

        (2) The court may provide by local rule for the voluntary or mandatory use of case questionnaires, established under Section 93, in any proceeding subject to these provisions. Where local rules provide for the use of case questionnaires, the questionnaires shall be exchanged by the parties upon the defendant's answer and completed and returned within 60 days.

    (3) For the purposes of this subdivision, the term “single defendant” means any of the following:

            (A) An individual defendant, whether a person or an entity.

            (B) Two or more persons covered by the same insurance policy applicable to the motor vehicle collision.

            (C) Two or more persons residing in the same household when no insurance policy exists that is applicable to the motor vehicle collision.

        (4) The naming of one or more cross-defendants, not a plaintiff, shall constitute a multiple-defendant case not subject to the provisions of this subdivision.