Section § 5925

Explanation

This section explains terms relevant to the article. "Alternative dispute resolution" refers to ways to resolve conflicts outside of court, like mediation or arbitration, and can be binding or not, based on what everyone agrees to. "Enforcement action" describes a lawsuit or legal process, except for a counterclaim, aimed at enforcing specific laws or rules such as this act, laws about nonprofit mutual benefit corporations, or the organization's rules.

As used in this article:
(a)CA Civil Law Code § 5925(a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.
(b)CA Civil Law Code § 5925(b) “Enforcement action” means a civil action or proceeding, other than a cross-complaint, for any of the following purposes:
(1)CA Civil Law Code § 5925(b)(1) Enforcement of this act.
(2)CA Civil Law Code § 5925(b)(2) Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code).
(3)CA Civil Law Code § 5925(b)(3) Enforcement of the governing documents.

Section § 5930

Explanation

Before taking an enforcement case to superior court, parties must try to resolve their issue through alternative dispute resolution (like mediation or arbitration). This rule applies when the case is about getting a legal declaration, stopping someone from doing something, or seeking certain court orders, but only if the monetary claim is within set limits. It doesn't cover small claims cases or disputes about assessments unless otherwise stated by law.

(a)CA Civil Law Code § 5930(a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.
(b)CA Civil Law Code § 5930(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.
(c)CA Civil Law Code § 5930(c) This section does not apply to a small claims action.
(d)CA Civil Law Code § 5930(d) Except as otherwise provided by law, this section does not apply to an assessment dispute.

Section § 5935

Explanation

If you're involved in a dispute, you can kick off a formal process by sending a Request for Resolution to the other people involved. This request must briefly explain the issue, ask for alternative ways to resolve it, and inform the other party they need to reply within 30 days or it's automatically considered a no. If the request is to a member, include a copy of the relevant article. You can send this by various methods like mail or fax, as long as it's likely the person will actually get it. The other party has 30 days to respond, and if they don't, it's taken as a rejection.

(a)CA Civil Law Code § 5935(a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution shall include all of the following:
(1)CA Civil Law Code § 5935(a)(1) A brief description of the dispute between the parties.
(2)CA Civil Law Code § 5935(a)(2) A request for alternative dispute resolution.
(3)CA Civil Law Code § 5935(a)(3) A notice that the party receiving the Request for Resolution is required to respond within 30 days of receipt or the request will be deemed rejected.
(4)CA Civil Law Code § 5935(a)(4) If the party on whom the request is served is the member, a copy of this article.
(b)CA Civil Law Code § 5935(b) Service of the Request for Resolution shall be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is served actual notice of the request.
(c)CA Civil Law Code § 5935(c) A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party.

Section § 5940

Explanation

This law section deals with requests for alternative dispute resolution (ADR) processes like mediation. If someone sends you a request for ADR and you agree, you both need to finish the ADR process within 90 days, unless you both agree in writing to extend the time. The rules from another section of law apply to how the ADR should be conducted, but not if it's arbitration. Also, the cost of going through ADR is something both parties have to share.

(a)CA Civil Law Code § 5940(a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties.
(b)CA Civil Law Code § 5940(b) Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration.
(c)CA Civil Law Code § 5940(c) The costs of the alternative dispute resolution shall be borne by the parties.

Section § 5945

Explanation

This law section states that if someone serves a 'Request for Resolution' before the deadline for starting a legal enforcement action, then the deadline is paused. The pause lasts while waiting for a response to the request, and if the request is agreed to, it also pauses during the time spent on alternative dispute resolution, plus any agreed extensions.

If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled during the following periods:
(a)CA Civil Law Code § 5945(a) The period provided in Section 5935 for response to a Request for Resolution.
(b)CA Civil Law Code § 5945(b) If the Request for Resolution is accepted, the period provided by Section 5940 for completion of alternative dispute resolution, including any extension of time stipulated to by the parties pursuant to Section 5940.

Section § 5950

Explanation

This law requires that when you start a legal action to enforce something, you must also file a certificate showing that specific conditions related to dispute resolution have been met. These conditions include either completing alternative dispute resolution, another party not accepting terms, or needing urgent legal action. If you don't file this certificate, the court can potentially dismiss your case unless not doing so would unfairly harm one of the parties involved.

(a)CA Civil Law Code § 5950(a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following conditions are satisfied:
(1)CA Civil Law Code § 5950(a)(1) Alternative dispute resolution has been completed in compliance with this article.
(2)CA Civil Law Code § 5950(a)(2) One of the other parties to the dispute did not accept the terms offered for alternative dispute resolution.
(3)CA Civil Law Code § 5950(a)(3) Preliminary or temporary injunctive relief is necessary.
(b)CA Civil Law Code § 5950(b) Failure to file a certificate pursuant to subdivision (a) is grounds for a demurrer or a motion to strike unless the court finds that dismissal of the action for failure to comply with this article would result in substantial prejudice to one of the parties.

Section § 5955

Explanation

This law allows parties involved in a legal enforcement action to agree in writing to try resolving their dispute through alternative means, like mediation or arbitration, instead of court. When they choose this path, the court case is put on hold, meaning certain rules won't apply during this pause. Each party involved has to pay their share of the costs for this alternative process.

(a)CA Civil Law Code § 5955(a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred action is stayed. During the stay, the action is not subject to the rules implementing subdivision (c) of Section 68603 of the Government Code.
(b)CA Civil Law Code § 5955(b) The costs of the alternative dispute resolution shall be borne by the parties.

Section § 5960

Explanation

This law says that if someone's going to court to enforce something and they're asking for the other person to pay their attorney's fees and costs, the court can look at whether or not the person reasonably refused to try and resolve the issue outside of court, like through mediation or arbitration, before they started the lawsuit.

In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s refusal to participate in alternative dispute resolution before commencement of the action was reasonable.

Section § 5965

Explanation

Every year, a homeowners association must give its members a summary of a specific law that talks about dispute resolution. This summary includes a warning that if members don't follow certain dispute resolution rules, they might lose the ability to take legal action against the association or other members about community rules or laws. This summary must be included in an annual policy statement.

(a)CA Civil Law Code § 5965(a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall include the following language:
“Failure of a member of the association to comply with the alternative dispute resolution requirements of Section 5930 of the Civil Code may result in the loss of the member’s right to sue the association or another member of the association regarding enforcement of the governing documents or the applicable law.”
(b)CA Civil Law Code § 5965(b) The summary shall be included in the annual policy statement prepared pursuant to Section 5310.