Civil

Lawsuits in civil court can involve a range of areas involving disputes over money, title or possession of real property, enforcing a contract, protecting one's civil rights, or seeking compensation for a civil tort.

Civil court can provide for legal remedies, such as monetary damages, and equitable remedies, including injunctions. Civil courts cannot send someone to jail or prison.

Civil Jurisdictions

Unlimited Civil

A lawsuit with a monetary amount greater than $25,000.00 to get property back, to force someone to complete a contract, or to protect someone’s civil rights.

Limited Civil

A lawsuit with a monetary amount of $25,000.00 or less to get property back, to force someone to complete a contract, or to protect someone’s civil rights.

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Alternative Dispute Resolution

Many people resolve their cases before trial with the help of ADR.

ADR offers alternatives to trial including mediation, arbitration and settlement conferences. These informal processes are faster, more private, less expensive and less stressful than litigation and trial. The Riverside Superior Court encourages parties to participate in ADR and provides a range of opportunities to do so from the Case Management Conference to the day of trial.

For more information visit the Alternative Dispute Resolution site.

Civil Ex Parte Hearing Information

General:

The hearing will be set the day following the filing your ex parte paperwork. All ex parte applications are to comply with CRC rule 3.1200 et. seq. (and in particular, rules 3.1203 and 3.1204). An optional form (Declaration Regarding Notice of Ex Parte Application) may be found on the court’s website under the link for Fees & Forms. The court may review the ex parte request in chambers prior the hearing. If the court determines that the moving party has not established good cause for ex parte relief and denies the ex parte request, the courtroom assistant will notify the moving party that their request was denied and the hearing will not proceed. The moving party is required to notify the opposing party of the denial and that the hearing has been taken off calendar. Each department may have specific days and times for hearing ex-partes. For more information please see the trial rules for each department.

Western Riverside:

Civil

Requests for ex parte relief can be filed at the ex parte counter in the clerk’s office (located at the Attorney Services Counter) or online through the court’s website. All ex parte hearings will be set in the department assigned for all purposes.

Moreno Valley Unlawful Detainers

All Ex Parte Applications for unlawful detainer cases for the Moreno Valley jurisdiction shall be filed at the counter and received by the court no later than 11:00 am the day of the hearing in order to be heard the same day.

Eastern Riverside:

Requests for ex parte relief should be filed in the civil clerk’s office or online through the court’s website. Ex parte hearings will be set in the department assigned for all purposes.

Civil Trial Department Rules
Palm Springs First Friday Settlement Program Rules

The Court requires strict compliance with California Rules of Court, rule 3.1380 to participate in the First Friday Voluntary Settlement Conference (FFVSC) Program.

  • All parties necessary to put any settlement on the record must be personally present;
  • The representative of any organization must have written authority to enter into any settlement;
  • The insurance company representative must be personally present with full settlement authority;
  • The trial lawyers must be personally present;
  • The Court will inquire of the appointed settlement conference judge whether or not the parties negotiated in good faith;
  • Failure to negotiate in good faith may result in the setting of an OSC why sanctions not to exceed $1,500.00 should not be imposed for failure to comply;
  • All parties are required to bring copies of their brief, as required under 3.1380, to the Court so it may be given to the appointed settlement conference judge;
  • The Court disfavors any requests for a continuance made less than 30 days prior to the hearing date

Note: Rules for FFVSC are applicable to cases assigned to departments PS1 and PS2 at the Palm Springs Court.

Information for Mandatory Settlement Conferences (Historic Courthouse)

Effective Monday April 6, 2015

MSC Judge: Hon. Gary Tranbarger (ret.)

Location: Department 2

MSC Schedule: MSCs are held Mondays through Fridays at 1:30 p.m., 2:00 p.m., 2:30 p.m. and 3:00 p.m.

MSC Clerk Contact Information:

E-Mail: MSCRIV@riverside.courts.ca.gov

Telephone Number: 951-777-3147 (ask for MSC Clerk)

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Rules: California Rules of Court (CRC) 3.1380 and 3.1385

Persons required to attend the MSC: CRC, Rule 3.1380 (b)

Settlement conference statements: CRC, Rule 3.1380 (c)

Duty to notify court & others of settlement before MSC: CRC, Rule 3.1385

Sanctions may be imposed pursuant to CRC, Rule 2.30; CCP sections 128.5 -– 128.7; 177.5; 575.2.

If the case fully settles before the MSC:

Notify the MSC clerk by e-mail and file the Notice of Settlement immediately. See CRC, Rule 3.1385. Do not appear at the MSC.
Note that the trial date will not be vacated until the Notice of Settlement is received and filed by the Court.

Continuances:

Notify the MSC clerk by e-mail immediately, preferably at least five (5) days before the scheduled MSC date. Review the above MSC Schedule and e-mail the MSC clerk with three (3) proposed dates/times agreed to by all required MSC participants.

Telephonic appearances: Telephone appearances are only permitted for out-of-state claims representatives and parties.

Expedited Jury Trials (EJT)

  • What is an Expedited Jury Trial (EJT)?
  • An EJT is a short jury trial, generally lasting one day. It is quicker and less expensive than a traditional jury trial. Parties must request an EJT and stipulate (agree) to certain rules; the court cannot order parties to participate in EJTs.



  • Where are the EJT rules?
  • Code of Civil Procedure sections 630.01 – 630.12

    California Rules of Court, Rules 3.1545-3.1552



  • What are the differences between EJTs and regular jury trials?
  • In EJTs:
    • Each side has 3 hours to present its case, including witness testimony, evidence and arguments.
    • The jury has eight (8) jurors (no alternates) and requires six (6) jurors to reach a verdict.
    • Each side is allowed 15 minutes for jury voir dire.
    • All parties must waive their right to an appeal. (Appeals are only allowed in very limited circumstances.)
    • Before trial, the parties may enter into a 'high/low agreement" to guarantee a minimum/maximum amount of recovery regardless of the jury's verdict.

  • What types of cases are appropriate for EJTs?
    • Cases with only one or two issues, such as personal injury cases where liability is not an issue and the only issue is the amount of damages.
    • Cases in which both sides want an EJT.
    • Cases in which the attorneys or self-represented parties can cooperatively work together to stipulate to the consent order and other procedural matters, such as the timing for exchanging exhibits and witness lists before trial.

  • How do we request an EJT?
  • To request an Expedited Jury Trial, the parties must complete and file a [Proposed] Consent Order for Expedited Jury Trial (EJT-020).Parties may also need an Attachment to [Proposed] Consent Order for Expedited Jury Trial (EJT-020A). Note that these are optional forms.

    Judicial officers or parties may raise EJTs as a possibility at Case Management Conferences, Trial Setting Conferences and Mandatory Settlement Conferences.



  • Is there any assistance available for completing the Consent Order for EJT?
  • Yes. If your case is going through mediation and does not appear to be resolving, you may ask your mediator for assistance in negotiating the terms of the Consent Order.

    You may retain a mediator to help negotiate the terms of the Consent Order.

    Options include:

    The Court's Civil Mediation Panel

    RCBA's Dispute Resolution Service (DRS)



  • Where can I find additional information about EJTs?
  • For more information, please see the EJT Information Sheet (EJT-010-INFO)

Assembly Bill 2494 Requirements

California Research Bureau - Notice Requirements Pursuant to AB 2494

In 2014, the California State Legislature enacted Assembly Bill 2494 (Cooley, Chapter 425, Statutes of 2014) which, in part, creates a mechanism whereby a copy of court filings that accuse a party in law of having engaged in frivolous actions or tactics in court are to be submitted to the California Research Bureau (CRB) via electronic mail.

The bill amends Sect. 128.5 of the California Code of Civil Procedure to read, in part,

(h) (1) A party who files a motion pursuant to this section shall, promptly upon filing, transmit to the California Research Bureau of the California State Library, by email, a copy of the endorsed, filed caption page of the motion or opposition, a copy of any related notice of appeal or petition for a writ, and a conformed copy of any order issued pursuant to this section, including any order granting or denying the motion. The party shall also indicate whether a motion for sanctions was made pursuant to Section 128.7.

(2) The California Research Bureau shall maintain a public record of information transmitted pursuant to this section for at least three years, or until this section is repealed, whichever occurs first, and may store the information on microfilm or other appropriate electronic media.

Documents may be submitted electronically to the CRB at AB2494@library.ca.gov. Alternately, interested parties may contact the CRB by telephone at (916) 653-7843.

Further information is available on the AB 2494 web page at http://www.library.ca.gov/crb/ab2494.html.

Evictions (Unlawful Detainer)

An unlawful detainer lawsuit is a civil case brought by a landlord to obtain possession of rented property and receive payment of back rent. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer case. An award for possession of property authorizes the landlord to evict the tenant from the property. If the landlord is also awarded judgment for payment of back rent, he or she may collect the judgment by garnishing the tenant’s wages, attaching the tenant’s property, or any other legal means.

For more information visit the Self Help Unlawful Detainer site.

Minor's Compromise

Where the court reviews the reasonableness of the terms of a settlement on behalf of a minor or disabled adult, and/or directs how the proceeds of a settlement or judgment should be managed.

Petitions for minor's compromise are filing in Probate. Learn more ...

Emancipations

Emancipation is a legal way for children to become adults before they're 18. Once a child is emancipated, his or her parents do not have custody or control of him or her anymore. These are Unlimited Civil proceedings.

Civil Escheat Form and Instructions

Escheat is a legal process that transfers ownership of abandoned property to the state.

In California, for instance, landlords, banks and other organizations that have control over others’ property must return it to their owners after three years of inactivity. When they’re unable to locate the owners they must transfer the property to the state government. Before the state can take full ownership; however, it must also attempt to locate the owners or their blood relatives and give them an opportunity to reclaim it.

Civil Escheat Form and Instructions

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