-- Last revised 11/12/02 --
Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases - Study J-1320-2
To identify opportunities for simplification, the California Law Revision Commission reviewed statutes that differentiate between limited and unlimited civil cases. The Commission recommended the following reforms:
(1) The same rules for pleading damages should apply in all actions for personal injury or wrongful death, regardless of the jurisdictional classification of the case. Code Civ. Proc. §§ 425.10, 425.11.The Commission's recommendation was enacted by the Legislature. See below.(2) The distinction between attachment undertakings in limited and unlimited civil cases should be eliminated, and the amount of the initial undertaking increased to $10,000. Code Civ. Proc. § 489.220.
(3) The clerk of court should be permitted to record a satisfaction of judgment where there is an interest deficit of $10 or less in an unlimited civil case, not just in a limited civil case. Code Civ. Proc. § 685.030.
(4) The differentiation between limited and unlimited civil cases as to the amount of a creditor's undertaking where there is a third-party claim should be eliminated. Code Civ. Proc. §§ 720.160, 720.260.
(5) The same filing fee should be required for all confessions of judgment, regardless of the size of the claim. Code Civ. Proc. § 1134. (6) The same filing fee should be required for the first paper in all limited civil cases, regardless of the size of the demand. Gov't Code § 72055.
If you have questions or comments on this study, send email to Barbara Gaal at bgaal@clrc.ca.gov.
Related Material
Legislation
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2001: Assembly Bill 223 (Frommer) -- Bill information at Legislative Counsel's website
Enacted. 2001 Cal. Stat. ch. 812
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Final Recommendation
- Recommendation -- Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases (2/15/2001)
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Elimination of Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases (July 2000)
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Staff Memoranda
- Memo 2001-80 -- AB 223 (Frommer): Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases (9/5/2001)
- Memo 2001-35 -- Trial Court Unification: Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases (3/26/2001)
- Memo 2001-3 -- Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases (Draft Recommendation) (1/18/2001)
- Memo 2000-83 -- Unnecessary Procedural Differences Between Limited and Unlimited Civil Cases (Draft Recommendation) (12/7/2000)
- Memo 2000-71 -- Civil Procedure After Trial Court Unification (Comments on Tentative Recommendation) (10/3/2000)
- Memo 2000-72 -- Civil Procedure After Trial Court Unification (Unresolved Simplification Issues) (9/19/2000)
- Memo 2000-55, Supp. 1 -- Civil Procedure After Trial Court Unification: Comments of Prof. Slomanson (7/19/2000)
- Memo 2000-55 -- Civil Procedure After Trial Court Unification (7/7/2000)
- Memo 2000-8 -- Trial Court Unification: Review of Civil Procedures (2/9/2000)
- Memo 99-88 -- Trial Court Unification: Review of Civil Procedures (11/29/99)
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