California

Civil Procedure

Civil Procedure

Rule 3.811 – Cases subject to and exempt from arbitration

(a) Cases subject to arbitration

Except as provided in (b) , the following cases must be arbitrated:

(1) In each superior court with 18 or more authorized judges, all unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff;
(2) In each superior court with fewer than 18 authorized judges that so provides by local rule, all unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff;
(3) All limited civil cases in courts that so provide by local rule;
(4) Upon stipulation, any limited or unlimited civil case in any court, regardless of the amount in controversy; and
(5) Upon filing of an election by all plaintiffs, any limited or unlimited civil case in any court in which each plaintiff agrees that the arbitration award will not exceed $50,000 as to that plaintiff.
(b) Cases exempt from arbitration

The following cases are exempt from arbitration:

(1) Cases that include a prayer for equitable relief that is not frivolous or insubstantial;
(2) Class actions;
(3) Small claims cases or trials de novo on appeal from the small claims court;
(4) Unlawful detainer proceedings;
(5) Family Law Act proceedings except as provided in Family Code section 2554;
(6) Any case otherwise subject to arbitration that is found by the court not to be amenable to arbitration on the ground that arbitration would not reduce the probable time and expense necessary to resolve the litigation;
(7) Any category of cases otherwise subject to arbitration but excluded by local rule as not amenable to arbitration on the ground that, undier the circumstances relating to the particular court, arbitration of such cases would not reduce the probable time and expense necessary to resolve the litigation; and
(8) Cases involving multiple causes of action or a cross-complaint if the court determines that the amount in controversy as to any given cause of action or cross-complaint exceeds $50,000.

Cal. R. Ct. 3.811

Rule 3.811 renumbered effective January 1, 2007; adopted as rule 1600 effective July 1, 1979; previously amended effective January 1, 1982,January 1, 1986,January 1, 1988, andJuly 1, 1999; previously amended and renumbered as rule 1601 effective January 1, 2004.