2007 California Code of Civil Procedure Chapter 2. Reclassification Of Civil Actions And Proceedings

CA Codes (ccp:403.010-403.090)

403.010.  Nothing in this chapter expands or limits the law on
whether a plaintiff, cross-complainant, or petitioner may file an
amended complaint or other amended initial pleading.  Nothing in this
chapter expands or limits the law on whether, and to what extent, an
amendment relates back to the date of filing the original complaint
or other initial pleading.



403.020.  (a) If a plaintiff, cross-complainant, or petitioner files
an amended complaint or other amended initial pleading that changes
the jurisdictional classification from limited to unlimited, the
party at the time of filing the pleading shall pay the
reclassification fee provided in Section 403.060, and the clerk shall
promptly reclassify the case.  If the amendment changes the
jurisdictional classification from unlimited to limited, no
reclassification fee is required, and the clerk shall promptly
reclassify the case.
   (b) For purposes of this chapter, an amendment to an initial
pleading shall be treated in the same manner as an amended initial
pleading.



403.030.  If a party in a limited civil case files a cross-complaint
that causes the action or proceeding to exceed the maximum amount in
controversy for a limited civil case or otherwise fail to satisfy
the requirements for a limited civil case as prescribed by Section
85, the caption of the cross-complaint shall state that the action or
proceeding is a limited civil case to be reclassified by
cross-complaint, or words to that effect. The party at the time of
filing the cross-complaint shall pay the reclassification fees
provided in Section 403.060, and the clerk shall promptly reclassify
the case.


403.040.  (a) The plaintiff, cross-complainant, or petitioner may
file a motion for reclassification within the time allowed for that
party to amend the initial pleading.  The defendant or
cross-defendant may file a motion for reclassification within the
time allowed for that party to respond to the initial pleading.  The
court, on its own motion, may reclassify a case at any time.  A
motion for reclassification does not extend the moving party's time
to amend or answer or otherwise respond.  The court shall grant the
motion and enter an order for reclassification, regardless of any
fault or lack of fault, if the case has been classified in an
incorrect jurisdictional classification.
   (b) If a party files a motion for reclassification after the time
for that party to amend that party's initial pleading or to respond
to a complaint, cross-complaint, or other initial pleading, the court
shall grant the motion and enter an order for reclassification only
if both of the following conditions are satisfied:
   (1) The case is incorrectly classified.
   (2) The moving party shows good cause for not seeking
reclassification earlier.
   (c) If the court grants a motion for reclassification, the payment
of the reclassification fee shall be determined, unless the court
orders otherwise, as follows:
   (1) If a case is reclassified as an unlimited civil case, the
party whose pleading causes the action or proceeding to exceed the
maximum amount in controversy for a limited civil case or otherwise
fails to satisfy the requirements of a limited civil case under
Section 85 shall pay the reclassification fee provided in Section
403.060.
   (2) If a case is reclassified as a limited civil case, no
reclassification fee is required.
   (d) If the court grants an order for reclassification of an action
or proceeding pursuant to this section, the reclassification shall
proceed as follows:
   (1) If the required reclassification fee is paid pursuant to
Section 403.060 or no reclassification fee is required, the clerk
shall promptly reclassify the case.
   (2) An action that has been reclassified pursuant to this section
shall not be further prosecuted in any court until the required
reclassification fee is paid.  If the required reclassification fee
has not been paid within five days after service of notice of the
order for reclassification, any party interested in the case,
regardless of whether that party is named in the complaint, may pay
the fee, and the clerk shall promptly reclassify the case as if the
fee had been paid as provided in Section 403.060.  The fee shall then
be a proper item of costs of the party paying it, recoverable if
that party prevails in the action or proceeding.  Otherwise, the fee
shall be offset against and deducted from the amount, if any, awarded
to the party responsible for the fee, if that party prevails in the
action or proceeding.
   (3) If the fee is not paid within 30 days after service of notice
of an order of reclassification, the court on its own motion or the
motion of any party may order the case to proceed as a limited civil
case, dismiss the action or cross-action without prejudice on the
condition that no other action or proceeding on the same matters may
be commenced in any other court until the reclassification fee is
paid, or take such other action as the court may deem appropriate.
   (e) Nothing in this section shall be construed to require the
superior court to reclassify an action or proceeding because the
judgment to be rendered, as determined at the trial or hearing, is
one that might have been rendered in a limited civil case.
   (f) In any case where the misclassification is due solely to an
excess in the amount of the demand, the excess may be remitted and
the action may continue as a limited civil case.



403.050.  (a) The parties to the action or proceeding may stipulate
to reclassification of the case within the time allowed to respond to
the initial pleading.
   (b) If the stipulation for reclassification changes the
jurisdictional classification of the case from limited to unlimited,
the reclassification fee provided in Section 403.060 shall be paid at
the time the stipulation is filed.
   (c) Upon filing of the stipulation and, if required under
subdivision (b), the payment of the reclassification fee provided in
Section 403.060, the clerk shall promptly reclassify the case.



403.060.  (a) For reclassification of a case from a limited civil
case to an unlimited civil case, a fee shall be charged as provided
in Section 70619 of the Government Code. This reclassification fee
shall be in addition to any other fee due for that appearance or
filing in a limited civil case. No additional amounts shall be
charged for appearance or filing fees paid prior to reclassification.
After reclassification, the fees ordinarily charged in an unlimited
case shall be charged.
   (b) If a reclassification fee is required and is not paid at the
time an amended complaint or other initial pleading, a
cross-complaint, or a stipulation for reclassification is filed under
Section 403.020, 403.030, or 403.050, the clerk shall not reclassify
the case and the case shall remain and proceed as a limited civil
case.
   (c) No fee shall be charged for reclassification of a case from an
unlimited civil case to a limited civil case.  The fees ordinarily
required for filing or appearing in a limited civil case shall be
charged at the time of filing a pleading that reclassifies the case.
Parties are not entitled to a refund of the difference between any
fees previously paid for appearance or filing in an unlimited civil
case and the fees due in a limited civil case. After
reclassification, the fees ordinarily charged in a limited civil case
shall be charged.



403.070.  (a) An action or proceeding that is reclassified shall be
deemed to have been commenced at the time the complaint or petition
was initially filed, not at the time of reclassification.
   (b) The court shall have and exercise over the reclassified action
or proceeding the same authority as if the action or proceeding had
been originally commenced as reclassified, all prior proceedings
being saved.  The court may allow or require whatever amendment of
the pleadings, filing and service of amended, additional, or
supplemental pleadings, or giving of notice, or other appropriate
action, as may be necessary for the proper presentation and
determination of the action or proceeding as reclassified.



403.080.  When an order is made by the superior court granting or
denying a motion to reclassify an action or proceeding pursuant to
Section 403.040, the party aggrieved by the order may, within 20 days
after service of a written notice of the order, petition the court
of appeal for the district in which the court granting or denying the
motion is situated for a writ of mandate requiring proper
classification of the action or proceeding pursuant to Section
403.040.  The superior court may, for good cause, and prior to the
expiration of the initial 20-day period, extend the time for one
additional period not to exceed 10 days.  The petitioner shall file a
copy of the petition in the superior court immediately after the
petition is filed in the court of appeal.  The court of appeal may
stay all proceedings in the case, pending judgment on the petition
becoming final.  The clerk of the court of appeal shall file with the
clerk of the superior court, a copy of any final order or final
judgment immediately after the order or judgment becomes final.




403.090.  The Judicial Council may prescribe rules, not inconsistent
with statute, governing the procedure for reclassification of civil
actions and proceedings.