-- Last revised 12/7/05 --
Equitable Relief in a Limited Civil Case - Study J-1323
Existing law limits the availability of equitable relief in a limited civil
case. The law dates from the time when a limited civil case was resolved in the municipal court,
a court of limited jurisdiction. Unification of the trial courts vests resolution of a limited
civil case in the superior court, a court of general jurisdiction. Should the remedies available
to the superior court in a limited civil case include equitable relief?
The Commission tentatively recommended that the superior court be authorized to award the following types of relief in a limited civil case (where the amount in controversy does not exceed $25,000):
- Determination of title to real property
- Declaratory relief
- Good faith improver relief
If you have questions or comments on this study, send an e-mail to Brian Hebert at email@example.com.
Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Equitable Relief in a Limited Civil Case (April 2005) -- Comments Due: 7/31/2005
- November 18, 2005 Meeting in Oakland
- March 17-18, 2005 Meeting in Sacramento
- June 10, 2004 Meeting in Sacramento
- Memo 2005-35 -- Equitable Relief in a Limited Civil Case (Comments on Tentative Recommendation) (9/9/2005)
- Memo 2005-11, Supp. 1 -- Equitable Relief in a Limited Civil Case (Material Received at Meeting) (3/18/2005)
- Memo 2005-11 -- Equitable Relief in a Limited Civil Case (Discussion of Issues) (2/28/2005)
- Memo 2004-22 -- Equitable Relief in a Limited Civil Case (Discussion of Issues) (3/26/2004)
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