-- 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
  

    After reviewing comments on the tentative recommendation, the Commission decided to take a broader view of the role of the limited civil case in the unified court system, before determining whether to proceed with this proposal. Matters to be reviewed include the number of limited civil cases filed, the cost of economic litigation procedures compared with the cost of unlimited civil case litigation, the satisfaction level of the courts with the limited civil case system, and the approach taken in other jurisdictions that have a unified court system.
    If you have questions or comments on this study, send an e-mail to Brian Hebert at bhebert@clrc.ca.gov.

Related Material

• Tentative Recommendation
• Commission Decisions (Meeting Minutes)
• Staff Memoranda

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Tentative Recommendations and Other Requests for Comment

• Tentative Rec. -- Equitable Relief in a Limited Civil Case (April 2005) -- Comments Due: 7/31/2005

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Meeting Minutes

• November 18, 2005 Meeting in Oakland
• March 17-18, 2005 Meeting in Sacramento
• June 10, 2004 Meeting in Sacramento

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Staff Memoranda

• 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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