LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeCode of Civil ProcedurePRELIMINARY PROVI...Pt. 1Ch. 5.1Art. 1§ 86 Limited Civil Case Scope

§ 86 Limited Civil Case Scope

Code of Civil Procedure·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 86 Limited Civil Case Scope

Key Takeaways

  • •This law is about 'limited civil cases'—smaller legal fights where the money or property involved is $35,000 or less.
  • •It covers things like fights over money, contracts, property damage, or even kicking someone out of a place if the total cost is under $35,000.
  • •Some special cases (like taxes or big property fights) don’t count, even if the money seems small.
  • •If the fight is about more than $35,000, it’s not a 'limited' case and might go to a bigger court.

Example

You lent your friend $5,000, but they won’t pay you back. You sue them to get your money.

This is a 'limited civil case' because the fight is over $5,000 (which is under $35,000). The court will handle it as a smaller, simpler case.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 86 Limited Civil Case Scope

(a) The following civil cases and proceedings are limited civil cases: (1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant. (2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000). (3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case. (4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less. (5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less. (6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case. (7) An action for declaratory relief if brought pursuant to either of the following: (A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case. (B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less. (8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case. (9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000). (10) An arbitration-related petition filed pursuant to either of the following: (A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a). (B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less. (b) The following cases in equity are limited civil cases: (1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000). (2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case. (3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect. (Amended by Stats. 2023, Ch. 861, Sec. 3. (SB 71) Effective January 1, 2024.)

Last verified: January 22, 2026

Key Terms

partnershipdissolutionconsiderationcontractdamagespropertylienclaim

Related Statutes

  • § 699.060 Property Release By Levy
  • § 720.260 Creditor Undertaking For Release
  • § 1029.8 Unlicensed Service Provider Liability
  • § 116.390 Defendant Claim Transfer Procedure
  • § 116.610 Small Claims Court Judgments

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Code of Civil Procedure. Section 86.
View Official Source