chapter 12 - judicial arbitration

12.1 Scope, Purpose and Authority

The provisions of the rules contained within this chapter apply to all civil actions (except for those exempt from arbitration by the terms of rule 1600.5, California Rules of Court) and have as their objective that of improving efficiency and economy in the resolution of such actions. They are adopted pursuant to the authority contained in Government Code §68070 and Code of Civil Procedure § 1141.11, subdivision (b), and are aimed at implementing provisions provided by statute (Code of Civil Procedure §§1141.10-1141.31) and rule (rules 1600-1617, California Rules of Court) for judicial arbitration. (eff. 6/30/91)

12.2 Mandatory Submission to Arbitration

Pursuant to Code of Civil Procedure §1141.11, subdivision (b), it is determined that it is in the best interests of justice that all at-issue civil actions be submitted to arbitration by the presiding judge if the amount in controversy in the opinion of the court will not exceed $50,000 for each paintiff. (eff. 6/30/91)

12.3 Arbitration Administrator and Administrative Committee

The arbitration administrator shall be that member of the court staff designated by the presiding judge, from time to time, to perform the functions of arbitration administrator. The function of an arbitration committee shall be performed by, and the powers of such committee shall be exercised by, the presiding judge. (eff. 6/30/91)

12.4 Arbitration Conference

When a case has been placed on the civil active list, unless the pleadings disclose that the only relief sought by every party is equitable relief, the arbitration administrator will calendar the case for a conference, pursuant to Code of Civil Procedure Procedure §1141.16, to determine the amount in controversy and to consider submission of the case to arbitration and placement of the case on the arbitration hearing list. If the pleadings disclose that the only relief sought by every party is equitable relief, no conference will be conducted.

Not later than 10 days prior to the date set for the conference, each party will serve on each other party, and file with the clerk, an arbitration conference statement containing information relevant to:

a) The nature of the case; and

b) The amount in controversy, including an itemized statement of the amount of any damages claimed; and

c) The insubstantiality or frivolousness of any prayer for equitable relief; and

d) Any information bearing on the question whether arbitration would not reduce the probable time and expense necessary to resolve the litigation. (eff. 6/30/91)

12.5 Arbitration Hearing List

The arbitration administrator will maintain an arbitration hearing list, on which will be placed:

a) All actions ordered placed threon pursuant to Code of Civil Procedure §1141.16, subdivision (a) and rule 1601, subdivision (c), California Rules of Court; and

b) All actions wherein the parties have stipulated to arbitration pursuant to Code of Civil Procedure §1141.12, subdivision (a) and rule 1601, subdivision (a), California Rules of Court; and

c) All actions wherein the plaintiff has requested arbitration pursuant to Code of Civil Procedure §1141.2, subdivision (b)(ii) and rule 1601, subdivision (b), California Rules of Court.

Each action placed on the arbitration hearing list will be removed therefrom upon the occurrence of any of the followoing events.

a) A dismissal of the action; or

b) The filiing of an arbitration award; or

c) The restoration of the case to the civil active list; or

d) The entry of an order directing its removal. (eff. 6/30/91)

12.6 Conduct of Arbitration Hearing

Arbitration hearings will be conducted in accordance with rule 1613 and 1614, California Rules of Court. Not less than 5 days prior to the date first set for the hearing, counsel for each party will deliver copies of that party's pleadings (complaint, cross-complaint and answer) to the arbitrator and will deliver to the arbitrator and counsel for each other party an arbitration brief containing a concise statement of the facts and the legal and factual contentions of the parties, which, in the case of a plaintiff or cross-complainant, will include a statement of damages or other relief sought in the arbitration and , where appropriate, a detailed statement of the amount and elements of any claimed financial harm or loss which is the basis of the claim. (eff. 6/30/91)