Section § 1141.10

Explanation

This section explains that dealing with small civil cases in court can be difficult because it's often expensive and complicated, causing delays. To solve this, the law highlights arbitration as a better way to handle these cases quickly and fairly. Arbitration should be simple and let people involved take an active role, ideally happening at convenient times. Also, lawyers with relevant experience are encouraged to act as arbitrators and should do so for free if they can.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1141.10(b) It is the intent of the Legislature that:
(1)CA Civil Procedure Code § 1141.10(b)(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)CA Civil Procedure Code § 1141.10(b)(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)CA Civil Procedure Code § 1141.10(b)(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.

Section § 1141.11

Explanation

This California statute explains when civil cases must go to arbitration. If a court has 18 or more judges, any civil case where each plaintiff's claim is $50,000 or less must go to arbitration. In courts with fewer judges, arbitration is optional if it's fair. Limited civil cases can also be sent to arbitration if it's considered just. Motor vehicle accident cases involving a single defendant and certain other conditions must go to arbitration within 120 days unless extended for good reasons. Courts may use questionnaires to gather case details. Different scenarios define what 'single defendant' means, such as people covered by the same insurance. If there's more than one defendant, or if cross-defendants are present, arbitration isn't mandatory.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1141.11(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)CA Civil Procedure Code § 1141.11(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)Copy CA Civil Procedure Code § 1141.11(d)
(1)Copy CA Civil Procedure Code § 1141.11(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)CA Civil Procedure Code § 1141.11(d)(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)CA Civil Procedure Code § 1141.11(d)(3) For the purposes of this subdivision, the term “single defendant” means any of the following:
(A)CA Civil Procedure Code § 1141.11(d)(3)(A) An individual defendant, whether a person or an entity.
(B)CA Civil Procedure Code § 1141.11(d)(3)(B) Two or more persons covered by the same insurance policy applicable to the motor vehicle collision.
(C)CA Civil Procedure Code § 1141.11(d)(3)(C) Two or more persons residing in the same household when no insurance policy exists that is applicable to the motor vehicle collision.
(4)CA Civil Procedure Code § 1141.11(d)(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.

Section § 1141.12

Explanation

This law requires the Judicial Council to set up a consistent arbitration process for certain cases in all superior courts. Parties can agree to use arbitration for any case, no matter the amount disputed. Additionally, a plaintiff can choose arbitration if they agree that the award won’t go over a certain limit set by another law section.

In all superior courts, the Judicial Council shall provide by rule for a uniform system of arbitration of the following causes:
(a)CA Civil Procedure Code § 1141.12(a) Any cause, regardless of the amount in controversy, upon stipulation of the parties.
(b)CA Civil Procedure Code § 1141.12(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.

Section § 1141.13

Explanation

This law says that it doesn't apply to civil cases asking for equitable relief, which is when someone wants a fair outcome rather than money. But, if the request for equitable relief is not serious or substantial, then the law can apply.

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.

Section § 1141.14

Explanation

This law states that the Judicial Council is responsible for setting the rules for how arbitration cases are handled, as long as they stick to what's outlined in this chapter. Basically, they get to decide the procedures for arbitration because this chapter allows them to.

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.

Section § 1141.15

Explanation

This rule allows the Judicial Council to make exceptions so that certain cases don’t have to go through arbitration, as mentioned in another section. They will decide if a case isn’t suitable for arbitration when considering these exceptions.

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.

Section § 1141.16

Explanation

This law is about how the court determines if a case should go to arbitration, which is a process to resolve disputes outside of court. First, the court decides the amount of money involved once all parties show up or don't respond, without looking into who is at fault or other defenses. This decision is made during a case management meeting or by looking at documents provided by the parties. If the demand for a non-monetary solution is unjustified, the court will note it, and this decision can't be appealed. However, if all parties agree in writing that the case involves more money than specified, the court won't make this decision. Moreover, whatever estimation is made about the case's value won't affect later findings by an arbitrator or trial. Unless specified otherwise, arbitration can't happen until at least 210 days after the complaint is filed, or longer if both parties agree to delay. However, it can happen earlier if both parties agree, all plaintiffs request it, or the court orders it in certain discovery situations.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1141.16(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)CA Civil Procedure Code § 1141.16(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)CA Civil Procedure Code § 1141.16(c)(1) The stipulation of the parties to an earlier arbitration hearing.
(2)CA Civil Procedure Code § 1141.16(c)(2) The written request of all plaintiffs, subject to a motion by a defendant for good cause shown to delay the arbitration hearing.
(3)CA Civil Procedure Code § 1141.16(c)(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.

Section § 1141.17

Explanation

This law explains that when a court case is sent to arbitration, the countdown for completing the case within set time limits doesn't stop, except for some specific situations. If a case is still in arbitration more than four years and six months after it was started, the time from then until a new trial request is made doesn’t count toward the five-year deadline to finish the case.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1141.17(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.

Section § 1141.18

Explanation
This section explains the rules around choosing and compensating arbitrators for legal arbitration cases. Arbitrators can be retired judges, retired court commissioners, attorneys, or non-attorneys if all parties agree. They are either paid $150 per case or per day, and superior courts can opt to pay more. They must be assigned within 30 days of a case submitting to arbitration. Parties can demand an arbitrator be disqualified if needed, using specific procedures and timelines.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1141.18(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)CA Civil Procedure Code § 1141.18(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)CA Civil Procedure Code § 1141.18(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.

Section § 1141.19

Explanation

This law states that arbitrators approved under this chapter have all the powers they need to do their job, as outlined by the Judicial Council.

Arbitrators approved pursuant to this chapter shall have the powers necessary to perform duties pursuant to this chapter as prescribed by the Judicial Council.

Section § 1141.19

Explanation

In arbitration, unless a court says otherwise, you can’t demand certain sensitive evidence about financial conditions upfront unless you have the court’s approval to do so beforehand through a specific legal process.

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.

Section § 1141.20

Explanation

This law says that once an arbitration award is given, it becomes final unless someone files for a new trial or requests dismissal within 60 days. If any party disagrees with the arbitration, they can ask for a completely new trial by either a judge or jury, covering all the details. The court will then try to schedule this new trial in the same spot or give it priority when setting up future trial dates.

(a)CA Civil Procedure Code § 1141.20(a) An arbitration award shall be final unless a request for a de novo trial or a request for dismissal in the form required by the Judicial Council is filed within 60 days after the date the arbitrator files the award with the court.
(b)CA Civil Procedure Code § 1141.20(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.

Section § 1141.21

Explanation

If someone decides to go to court for a trial instead of accepting an arbitration decision, but ends up with a worse result than they would have gotten from arbitration, they might have to pay several costs. These include paying the arbitrator's fee and covering certain costs of the other party. However, if this person is proceeding as an in forma pauperis, meaning they have limited funds, these costs might only be subtracted from any damages they win, rather than being an out-of-pocket expense.

(a)Copy CA Civil Procedure Code § 1141.21(a)
(1)Copy CA Civil Procedure Code § 1141.21(a)(1) 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 these costs and fees would create such a substantial economic hardship as not to be in the interest of justice:
(A)CA Civil Procedure Code § 1141.21(a)(1)(A) To the court, the compensation actually paid to the arbitrator, less any amount paid pursuant to subparagraph (D).
(B)CA Civil Procedure Code § 1141.21(a)(1)(B) 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.
(C)CA Civil Procedure Code § 1141.21(a)(1)(C) 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.
(D)CA Civil Procedure Code § 1141.21(a)(1)(D) 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.
(2)CA Civil Procedure Code § 1141.21(a)(2) Those 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)CA Civil Procedure Code § 1141.21(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 subparagraphs (B) and (C) of paragraph (1) of subdivision (a) shall be imposed only as an offset against any damages awarded in favor of that party.
(c)CA Civil Procedure Code § 1141.21(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 subparagraph (A) of paragraph (1) 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.

Section § 1141.22

Explanation

This law states that there should be specific reasons outlined by the Judicial Council that allow either the arbitrator or the court to change, modify, or cancel an arbitration award.

The Judicial Council rules shall specify the grounds upon which the arbitrator or the court, or both, may correct, modify or vacate an award.

Section § 1141.23

Explanation

When an arbitrator makes a decision, it must be written, signed, and filed in court. If no one requests a new trial or dismissal and the decision isn't canceled, it becomes official like a court judgment. This decision can't be appealed or changed unless under certain rules or specific legal procedures.

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 or a request for dismissal in the form required by the Judicial Council 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.

Section § 1141.24

Explanation

Once a case has gone through arbitration, you're generally not allowed to dig up new evidence unless both sides agree or if the court decides there's a really good reason to allow it.

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.

Section § 1141.25

Explanation

If someone mentions the details of an arbitration process or its outcome during a later trial, it's considered a mistake or issue in that trial's process.

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.

Section § 1141.26

Explanation

This section states that an arbitration award can be more than the amount in dispute as mentioned in another section. If someone chooses to have a new trial after an arbitration award and wins more than this amount, they won't face certain limitations that are normally applied.

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.

Section § 1141.27

Explanation

This law section states that if a civil lawsuit involves a public agency or a government entity, the rules in this chapter will also apply to that case.

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.

Section § 1141.28

Explanation

This law explains who is responsible for paying the costs of arbitration. Typically, the court pays these costs, including what is paid to the arbitrators. However, if the parties have agreed to arbitration voluntarily, they must share these costs equally. If sharing the costs causes one party significant financial strain, the court may step in to cover their share. The arbitrator decides if it's a hardship, but this decision can be reviewed by the court.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1141.28(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.

Section § 1141.30

Explanation

This section means that the rules in this chapter don't interfere with or affect the rules that start at Section 1280, except for Section 1280.1. These sets of rules operate separately and don't depend on each other.

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.

Section § 1141.31

Explanation

This section says that the rules outlined in this chapter are to be followed starting July 1, 1979. However, the Judicial Council was required to establish the arbitration rules for how these should be carried out by March 31, 1979.

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.