Subject Matter Jurisdiction

• Author: Robert F. Kane/Donald G. Rez
• Pages: 399-418

Chapter 6

Subject Matter

Jurisdiction

QUICK VIEW

Definitions: Unlimited civil cases are all civil cases other than limited civil cases; limited civil cases are basically

those under $25,000.

Scope: Jurisdiction of superior courts. Unlimited and limited civil cases. Reclassification.

Strategic and Tactical Considerations: If you are seeking less than $25,000, you must file a limited civil action.

If your potential recovery is not much more than $25,000, you should consider limiting your claim to $25,000

and filing a limited civil case to take advantage of the more expedited procedures for limited civil cases.

Statutes and Rules: CCP §§85-88 (limited civil cases); CCP §§403.010-403.090 (reclassification).

Related Topics: Personal Jurisdiction, Ch 7; Venue and Forum Non Conveniens, Ch 8.

Forms in Digital Access: See digital access for the following forms:

• Form 6:10 Notice of Motion and Motion to Transfer to Venue of Unlimited Jurisdiction.

• Form 6:20 Memorandum of Points and Authorities in Support of Motion to Transfer to Venue of Unlimited

Jurisdiction.

• Form 6:30 Notice of Exhibits in Support of Motion to Transfer to Venue of Unlimited Jurisdiction.

• Form 6:40 Declaration in Support of Motion to Transfer to Venue of Unlimited Jurisdiction #1.

• Form 6:50 Declaration in Support of Motion to Transfer to Venue of Unlimited Jurisdiction #2.

• Form 6:60 Opposition to Motion to Transfer to Venue of Unlimited Jurisdiction.

• Form 6:70 Memorandum of Points and Authorities in Opposition to Motion to Transfer to Venue of

Unlimited Jurisdiction.

• Form 6:80 Declaration in Support of Opposition to Motion to Transfer to Venue of Unlimited Jurisdiction.

• Form 6:90 Reply to Opposition to Motion to Transfer to Venue of Unlimited Jurisdiction.

California Pretrial Practice & Forms 6-2

TABLE OF CONTENTS

I. JURISDICTION OF SUPERIOR COURTS

A. IN GENERAL

§6:01 Original Jurisdiction

§6:02 Concurrent Jurisdiction

§6:03 Jurisdiction May Not Be Conferred by Consent, Waiver, Estoppel

§6:04 Superior Court Jurisdiction Over Limited and Unlimited Civil Cases

§6:05 Superior Court Departments

§6:06 Lack of Jurisdiction

§6:07 Exclusive Concurrent Jurisdiction

§6:08 Child Support and Custody

B. EXCEPTIONS TO SUPERIOR COURT JURISDICTION

§6:10 Exclusive Jurisdiction in Other Tribunals

§6:11 Religious Disputes

§6:12 Exclusive Federal Court Jurisdiction

§6:13 Compare: Concurrent Federal-State Jurisdiction

§6:14 Primary Jurisdiction

§6:15 Lack of Indispensable Party

§6:16 Arbitration

§6:17 SLAPP Motion

§6:18 Administrative Agencies

§6:19 Voluntary Dismissal

§6:19.1 Filing Notice of Appeal

§6:19.2 Abstention and Abatement

II. CHALLENGING SUBJECT MATTER JURISDICTION

§6:20 Effect of Lack of Subject Matter Jurisdiction

§6:21 Motions Challenging Subject Matter Jurisdiction

§6:22 No Waiver

§6:23 No Specified Procedure Required

§6:24 Transfer of Case

III. LIMITED AND UNLIMITED CIVIL CASES

A. IN GENERAL

§6:30 Unlimited Civil Cases Defined

§6:31 Limited Civil Cases Defined

§6:32 Statutory Authority

§6:33 Amount in Controversy

§6:34 Excess May Be Waived

§6:35 Special Procedures

§6:36 Caption

§6:37 Small Claims Actions

B. SPECIFIED LIMITED CIVIL CASES UNDER CCP 86(A)

§6:50 $25,000 or Less

§6:51 Cases in Which Demand Is Less $25000

§6:52 Dissolution of Partnership

§6:53 Interpleader Actions

§6:54 Cancel, Rescind, or Revise Contract

§6:55 Unlawful and Forcible Detainer

§6:56 Liens on Real Property

§6:57 Mechanics Liens

§6:58 Declaratory Relief