California Code of Civil Procedure - California

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juvenile hall is not located at the county seat of the county, a majority of the judges of the superior court in and for such county may by an order filed with the clerk of the court direct that a session or sessions of the superior court, while sitting for the purpose of hearing and determining cases and proceedings arising under Chapter 2 of Part 1 of Division 2 or Chapter 2 of Part 1 of Division 6 or Chapter 4 of Part 4 of Division 6 of the Welfare and Institutions Code, may be held or continued in any place in the county in which the juvenile hall is located and thereafter such session or sessions of the court may be held or continued in the location designated in such order. In a county having two superior court judges the presiding judge may make the order.

      (Amended by Stats. 2002, Ch. 784, Sec. 24. Effective January 1, 2003.)

      74. Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Court from sitting at any time.

      (Repealed and added by Code Amendments 1880, Ch. 35.)

      75. The superior court in any county may by rule provide that, whenever all judges are absent from the county, any noncontested matter in which no evidence is required, or which may be submitted upon affidavits, shall be deemed submitted upon the filing with the clerk of a statement of submission by the party or the party’s attorney or upon the date set for the hearing.

      (Amended by Stats. 2002, Ch. 784, Sec. 25. Effective January 1, 2003.)

      77. (a) In every county and city and county, there is an appellate division of the superior court consisting of three judges or, when the Chief Justice finds it necessary, four judges.

      The Chief Justice shall assign judges to the appellate division for specified terms pursuant to rules, not inconsistent with statute, adopted by the Judicial Council to promote the independence and quality of each appellate division. Each judge assigned to the appellate division of a superior court shall be a judge of that court, a judge of the superior court of another county, or a judge retired from the superior court or a court of higher jurisdiction in this state.

      The Chief Justice shall designate one of the judges of each appellate division as the presiding judge of the division.

      (b) In each appellate division, no more than three judges shall participate in a hearing or decision. The presiding judge of the division shall designate the three judges who shall participate.

      (c) In addition to their other duties, the judges designated as members of the appellate division of the superior court shall serve for the period specified in the order of designation. Whenever a judge is designated to serve in the appellate division of the superior court of a county other than the county in which that judge was elected or appointed as a superior court judge, or if the judge is retired, in a county other than the county in which the judge resides, the judge shall receive expenses for travel, board, and lodging. If the judge is out of the judge’s county overnight or longer, by reason of the designation, that judge shall be paid a per diem allowance in lieu of expenses for board and lodging in the same amounts as are payable for those purposes to justices of the Supreme Court under the rules of the California Victim Compensation and Government Claims Board. In addition, a retired judge shall receive for the time so served, amounts equal to that which the judge would have received if the judge had been assigned to the superior court of the county.

      (d) The concurrence of two judges of the appellate division of the superior court shall be necessary to render the decision in every case in, and to transact any other business except business that may be done at chambers by the presiding judge of, the division. A judgment of the appellate division in an appeal shall contain a brief statement of the reasons for the judgment. A judgment stating only “affirmed” or “reversed” is insufficient. The presiding judge shall convene the appellate division when necessary. The presiding judge shall also supervise its business and transact any business that may be done at chambers.

      (e) The appellate division of the superior court has jurisdiction on appeal in all cases in which an appeal may be taken to the superior court or the appellate division of the superior court as provided by law, except where the appeal is a retrial in the superior court.

      (f) The powers of each appellate division shall be the same as are now or may hereafter be provided by law or rule of the Judicial Council relating to appeals to the appellate division of the superior courts.

      (g) The Judicial Council shall promulgate rules, not inconsistent with law, to promote the independence of, and govern the practice and procedure and the disposition of the business of, the appellate division.

      (h) Notwithstanding subdivisions (b) and (d), appeals from convictions of traffic infractions may be heard and decided by one judge of the appellate division of the superior court.

      (Amended by Stats. 2014, Ch. 58, Sec. 1. Effective January 1, 2015.)

      CHAPTER 5.1.

      Limited Civil Cases

      ARTICLE 1. Jurisdiction in Limited Civil Cases

      85. An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied:

      (a) The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, “amount in controversy” means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys’ fees, interest, and costs.

      (b) The relief sought is a type that may be granted in a limited civil case.

      (c) The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions:

      (1) Section 798.61 or 798.88 of the Civil Code.

      (2) Section 1719 of the Civil Code.

      (3) Section 3342.5 of the Civil Code.

      (4) Section 86.

      (5) Section 86.1.

      (6) Section 1710.20.

      (7) Section 7581 of the Food and Agricultural Code.

      (8) Section 12647 of the Food and Agricultural Code.

      (9) Section 27601 of the Food and Agricultural Code.

      (10) Section 31503 of the Food and Agricultural Code.

      (11) Section 31621 of the Food and Agricultural Code.

      (12) Section 52514 of the Food and Agricultural Code.

      (13) Section 53564 of the Food and Agricultural Code.

      (14) Section 53069.4 of the Government Code.

      (15) Section 53075.6 of the Government Code.

      (16) Section 53075.61 of the Government Code.

      (17) Section 5411.5 of the Public Utilities Code.

      (18) Section 9872.1 of the Vehicle Code.

      (19) Section 10751 of the Vehicle Code.

      (20) Section 14607.6 of the Vehicle Code.

      (21) Section 40230 of the Vehicle Code.

      (22) Section 40256 of the Vehicle Code.

      (Amended (as amended by Stats. 2012, Ch. 99, Sec. 3) by Stats. 2015, Ch. 176, Sec. 3. Effective January 1, 2016.)

      86. (a) The following civil cases and proceedings are limited civil cases:

      (1) A case at law in which the demand, exclusive of interest, or the value of the property in controversy amounts to twenty-five

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