2005 California Code of Civil Procedure Sections 1141.10-1141.31 CHAPTER 2.5. JUDICIAL ARBITRATION

CODE OF CIVIL PROCEDURE
SECTION 1141.10-1141.31

1141.10.  (a) The Legislature finds and declares that litigation
involving small civil cases can be so costly and complex that
efficiently resolving these civil cases is difficult, and that the
resulting delays and expenses may deny parties their right to a
timely resolution of minor civil disputes.  The Legislature further
finds and declares that arbitration has proven to be an efficient and
equitable method for resolving small civil cases, and that courts
should encourage or require the use of arbitration for those actions
whenever possible.
   (b) It is the intent of the Legislature that:
   (1) Arbitration hearings held pursuant to this chapter shall
provide parties with a simplified and economical procedure for
obtaining prompt and equitable resolution of their disputes.
   (2) Arbitration hearings shall be as informal as possible and
shall provide the parties themselves maximum opportunity to
participate directly in the resolution of their disputes, and shall
be held during nonjudicial hours whenever possible.
   (3) Members of the State Bar selected to serve as arbitrators
should have experience with cases of the type under dispute and are
urged to volunteer their services without compensation whenever
possible.
1141.11.  (a) In each superior court with 18 or more judges,  all
nonexempt unlimited civil cases shall be submitted to arbitration
under this chapter if the amount in controversy, in the opinion of
the court, will not exceed fifty thousand dollars ($50,000) for each
plaintiff.
   (b) In each superior court with fewer than 18 judges, the court
may provide by local rule, when it determines that it is in the best
interests of justice, that all nonexempt, unlimited civil cases shall
be submitted to arbitration under this chapter if the amount in
controversy, in the opinion of the court, will not exceed fifty
thousand dollars ($50,000) for each plaintiff.
   (c) Each superior court may provide by local rule, when it is
determined to be in the best interests of justice, that all
nonexempt, limited civil cases shall be submitted to arbitration
under this chapter.  This section does not apply to any action in
small claims court, or to any action maintained pursuant to Section
1781 of the Civil Code or Section 1161.
   (d) (1) In each court that has adopted judicial arbitration
pursuant to subdivision (c), all limited civil cases that involve a
claim for money damages against a single defendant as a result of a
motor vehicle collision, except those heard in the small claims
division, shall be submitted to arbitration within 120 days of the
filing of the defendant's answer to the complaint (except as may be
extended by the court for good cause) before an arbitrator selected
by the court.
   (2) The court may provide by local rule for the voluntary or
mandatory use of case questionnaires, established under Section 93,
in any proceeding subject to these provisions.  Where local rules
provide for the use of case questionnaires, the questionnaires shall
be exchanged by the parties upon the defendant's answer and completed
and returned within 60 days.
   (3) For the purposes of this subdivision, the term "single
defendant" means any of the following:
   (A) An individual defendant, whether a person or an entity.
   (B) Two or more persons covered by the same insurance policy
applicable to the motor vehicle collision.
   (C) Two or more persons residing in the same household when no
insurance policy exists that is applicable to the motor vehicle
collision.
   (4) The naming of one or more cross-defendants, not a plaintiff,
shall constitute a multiple-defendant case not subject to the
provisions of this subdivision.
1141.12.  In all superior courts, the Judicial Council shall provide
by rule for a uniform system of arbitration of the following causes:
   (a) Any cause, regardless of the amount in controversy, upon
stipulation of the parties.
   (b) Upon filing of an election by the plaintiff, any cause in
which the plaintiff agrees that the arbitration award  shall not
exceed the amount in controversy as specified in Section 1141.11.
1141.13.  This chapter shall not apply to any civil action which
includes a prayer for equitable relief, except that if the prayer for
equitable relief is frivolous or insubstantial, this chapter shall
be applicable.
1141.14.  Notwithstanding any other provision of law except the
provisions of this chapter, the Judicial Council shall provide by
rule for practice and procedure for all actions submitted to
arbitration under this chapter.  The Judicial Council rules shall
provide for and conform with the provisions of this chapter.
1141.15.  The Judicial Council rules shall provide exceptions for
cause to arbitration pursuant to subdivision (a), (b), or (c) of
Section 1141.11.  In providing for such exceptions, the Judicial
Council shall take into consideration whether the civil action might
not be amenable to arbitration.
1141.16.  (a) The determination of the amount in controversy, under
subdivision (a) or (b) of Section 1141.11, shall be made by the court
and the case referred to arbitration after all named parties have
appeared or defaulted.  The determination shall be made at a case
management conference or based upon review of the written submissions
of the parties, as provided in rules adopted by the Judicial
Council.  The determination shall be based on the total amount of
damages, and the judge may not consider questions of liability or
comparative negligence or any other defense.  At that time the court
shall also make a determination whether any prayer for equitable
relief is frivolous or insubstantial.  The determination of the
amount in controversy and whether any prayer for equitable relief is
frivolous or insubstantial may not be appealable.  No determination
pursuant to this section shall be made if all parties stipulate in
writing that the amount in controversy exceeds the amount specified
in Section 1141.11.
   (b) The determination and any stipulation of the amount in
controversy shall be without prejudice to any finding on the value of
the case by an arbitrator or in a subsequent trial de novo.
   (c) Except as provided in this section, the arbitration hearing
may not be held until 210 days after the filing of the complaint, or
240 days after the filing of a complaint if the parties have
stipulated to a continuance pursuant to subdivision (d) of Section
68616 of the Government Code.  A case shall be submitted to
arbitration at an earlier time upon any of the following:
   (1) The stipulation of the parties to an earlier arbitration
hearing.
   (2) The written request of all plaintiffs, subject to a motion by
a defendant for good cause shown to delay the arbitration hearing.
   (3) An order of the court if the parties have stipulated, or the
court has ordered under Section 1141.24, that discovery other than
that permitted under Chapter 18 (commencing with Section 2034.010) of
Title 4 of Part 4 will be permitted after the arbitration award is
rendered.
1141.17.  (a) Submission of an action to arbitration pursuant to
this chapter shall not suspend the running of the time periods
specified in Chapter 1.5 (commencing with Section 583.110) of Title 8
of Part 2, except as provided in this section.
   (b) If an action is or remains submitted to arbitration pursuant
to this chapter more than four years and six months after the
plaintiff has filed the action, then the time beginning on the date
four years and six months after the plaintiff has filed the action
and ending on the date on which a request for a de novo  trial is
filed under Section 1141.20 shall not be included in computing the
five-year period specified in Section 583.310.
1141.18.  (a) Arbitrators shall be retired judges, retired court
commissioners who were licensed to practice law prior to their
appointment as a commissioner, or members of the State Bar, and shall
sit individually.  A judge may also serve as an arbitrator without
compensation.  People who are not attorneys may serve as arbitrators
upon the stipulation of all parties.
   (b) The Judicial Council rules shall provide for the compensation,
if any, of arbitrators.  Compensation for arbitrators may not be
less than one hundred fifty dollars ($150) per case, or one hundred
fifty dollars ($150) per day, whichever is greater.  A superior court
may set a higher level of compensation for that court.  Arbitrators
may waive compensation in whole or in part.  No compensation shall be
paid before the filing of the award by the arbitrator, or before the
settlement of the case by the parties.
   (c) In cases submitted to arbitration under Section 1141.11 or
1141.12, an arbitrator shall be assigned within 30 days from the time
of submission to arbitration.
   (d) Any party may request the disqualification of the arbitrator
selected for his or her case on the grounds and by the procedures
specified in Section 170.1 or 170.6.  A request for disqualification
of an arbitrator on grounds specified in Section 170.6 shall be made
within five days of the naming of the arbitrator.  An arbitrator
shall disqualify himself or herself, upon demand of any party to the
arbitration made before the conclusion of the arbitration proceedings
on any of the grounds specified in Section 170.1.
1141.19.  Arbitrators approved pursuant to this chapter shall have
the powers necessary to perform duties pursuant to this chapter as
prescribed by the Judicial Council.
1141.19.5.  In any arbitration proceeding under this chapter, no
party may require the production of evidence specified in subdivision
(a) of Section 3295 of the Civil Code at the arbitration, unless the
court enters an order permitting pretrial discovery of that evidence
pursuant to subdivision (c) of Section 3295 of the Civil Code.
1141.20.  (a) An arbitration award shall be final unless a request
for a de novo trial is filed within 30 days after the date the
arbitrator files the award with the court.
   (b) Any party may elect to have a de novo trial, by court or jury,
both as to law and facts.  Such trial shall be calendared, insofar
as possible, so that the trial shall be given the same place on the
active list as it had prior to arbitration, or shall receive civil
priority on the next setting calendar.
1141.21.  (a) If the judgment upon the trial de novo is not more
favorable in either the amount of damages awarded or the type of
relief granted for the party electing the trial de novo than the
arbitration award, the court shall order that party to pay the
following nonrefundable costs and fees, unless the court finds in
writing and upon motion that the imposition of such costs and fees
would create such a substantial economic hardship as not to be in the
interest of justice:
   (i) To the court, the compensation actually paid to the
arbitrator, less any amount paid pursuant to paragraph (iv).
   (ii) To the other party or parties, all costs specified in Section
1033.5, and the party electing the trial de novo shall not recover
his or her costs.
   (iii) To the other party or parties, the reasonable costs of the
services of expert witnesses, who are not regular employees of any
party, actually incurred or reasonably necessary in the preparation
or trial of the case.
   (iv) To the other party or parties, the compensation paid by the
other party or parties to the arbitrator, pursuant to subdivision (b)
of Section 1141.28.
   Such costs and fees, other than the compensation of the
arbitrator, shall include only those incurred from the time of
election of the trial de novo.
   (b) If the party electing the trial de novo has proceeded in the
action in forma pauperis and has failed to obtain a more favorable
judgment, the costs and fees under paragraphs (ii) and (iii) of
subdivision (a) shall be imposed only as an offset against any
damages awarded in favor of that party.
   (c) If the party electing the trial de novo has proceeded in the
action in forma pauperis and has failed to obtain a more favorable
judgment, the costs under paragraph (i) of subdivision (a) shall be
imposed only to the extent that there remains a sufficient amount in
the judgment after the amount offset under subdivision (b) has been
deducted from the judgment.
1141.22.  The Judicial Council rules shall specify the grounds upon
which the arbitrator or the court, or both, may correct, modify or
vacate an award.
1141.23.  The arbitration award shall be in writing, signed by the
arbitrator and filed in the court in which the action is pending.  If
there is no request for a de novo trial and the award is not
vacated, the award shall be entered in the judgment book in the
amount of the award.  Such award shall have the same force and effect
as a judgment in any civil action or proceeding, except that it is
not subject to appeal and it may not be attacked or set aside except
as provided by Section 473, 1286.2, or Judicial Council rule.
1141.24.  In cases ordered to arbitration pursuant to Section
1141.11, no discovery other than that permitted by Chapter 18
(commencing with Section 2034.010) of Title 4 of Part 4 is
permissible after an arbitration award except by stipulation of the
parties or by leave of court upon a showing of good cause.
1141.25.  Any reference to the arbitration proceedings or
arbitration award during any subsequent trial shall constitute an
irregularity in the proceedings of the trial for the purposes of
Section 657.
1141.26.  Nothing in this act shall prohibit an arbitration award in
excess of the amount in controversy as specified in Section 1141.11.
  No party electing a trial de novo after such award shall be subject
to the provisions of Section 1141.21 if the judgment upon the trial
de novo is in excess of the amount in controversy as specified in
Section 1141.11.
1141.27.  This chapter shall apply to any civil action otherwise
within the scope of this chapter in which a party to the action is a
public agency or public entity.
1141.28.  (a) All administrative costs of arbitration, including
compensation of arbitrators, shall be paid for by the court in which
the arbitration costs are incurred, except as otherwise provided in
subdivision (b) and in Section 1141.21.
   (b) The actual costs of compensation of arbitrators in any
proceeding which would not otherwise be subject to the provisions of
this chapter but in which arbitration is conducted pursuant to this
chapter solely because of the stipulation of the parties, shall be
paid for in equal shares by the parties.  If the imposition of these
costs would create such a substantial economic hardship for any party
as not to be in the interest of justice, as determined by the
arbitrator, that party's share of costs shall be paid for by the
court in which the arbitration costs are incurred.  The determination
as to substantial economic hardship may be reviewed by the court.
1141.30.  This chapter shall not be construed in derogation of Title
9 (commencing with Section 1280) of Part 3, and, to that extent,
this chapter and that title, other than Section 1280.1, are mutually
exclusive and independent of each other.
1141.31.  The provisions of this chapter shall become operative July
1, 1979, except that the Judicial Council shall adopt the
arbitration rules for practice and procedures on or before March 31,
1979.


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