§ 871.3 Actions for relief; treatment as unlimited and limited civil cases; cross-complaints for relief; burden on good faith improver

Codes > California Code of Civil Procedure > Part 2 > Title 10 : Chapter 10 > 871.3

§ 871.3. Actions for relief; treatment as unlimited and limited civil cases; cross-complaints for relief; burden on good faith improver

    (a) An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of whether a defendant cross-complains for relief under this chapter. Any other case in which a defendant crosscomplains for relief under this chapter shall be treated as a limited civil case if the cross-complaint is defensive and the case otherwise satisfies the amount in controversy and other requirements of Section 85.

    (b) In every case, the burden is on the good faith improver to establish that the good faith improver is entitled to relief under this chapter, and the degree of negligence of the good faith improver should be taken into account by the court in determining whether the improver acted in good faith and in determining the relief, if any, that is consistent with substantial justice to the parties under the circumstances of the particular case.