CV659 CivilLimitedPacket
CV659 CivilLimitedPacket
LIMITED JURISDICTION
Civil Actions
PACKET
Civil-Limited Packet
CV-659 Rev. 1/1/24
Superior Court of California, County of Contra Costa
Interpreter Request
If you need an interpreter, please complete the form below and submit it to any Filing Window or
courtroom.
Case Type:
Criminal Small Claims – ($10,000 or less)
Traffic Civil - $25,000 over $25,000
Other: _______________________________________
To avoid the risk that your hearing will have to be postponed, please submit this form a
minimum of one week in advance.
Tipo de Caso:
Criminal Demanda Civil – ($10,000 o menos)
Tráfico Demanda Civil -
$25,000 más de $25,000
Acoso Civil
Civil – otro tipo _________________
Conservador
Casos de Familia
Casos para Terminar Derechos de
Madre o Padre Juicio de Desalojo
Abuso de Adultos Incapacitados Tutela
Tribual de Menores Abuso de Personas Mayores
Para evitar la posibilidad que su audiencia sea aplazada, favor the presentar este formulario al
menos una semana antes de la fecha de su audiencia.
NOTICE TO PLAINTIFFS
In Limited Jurisdiction Civil Actions
You may also fill out a Case Questionnaire for Limited Civil Cases (Judicial Council form DISC-010)
to help organize your case information. If you do, then you must serve the completed form and a
blank copy of the form on the defendant(s). Be sure to keep copies of everything you have served.
You do not file this form at court.
2. Within 60 days of the date you filed the complaint you must prove that the forms have
been served on (delivered to) the defendants correctly by filing the Proof of Service
form (POS-010) (completed by the person who did the service) with the court
3. Go to the case management conference on the date indicated on The Notice of Case
Management Conference.
4. Consider using mediation, arbitration, or neutral case evaluation (ADR) to resolve the
dispute. All parties must answer questions about ADR on the Case Management Statement
form. For more information, see the enclosed ADR information, visit www.cc-courts.org/adr
or email [email protected]
5. You may delay the first case management conference while you try to resolve the
dispute in ADR. If all parties agree to use ADR, complete and file the Stipulation to Attend
ADR and Continue First Case Management Conference 90 Days form to tell the court you
want to use this option.
All civil actions (except juvenile, probate, family, unlawful detainer, extraordinary writ, and asset
forfeiture 1) and personal injury cases where a party is claiming damages 2 must meet the Civil
Trial Delay Reduction time limits for filing documents and moving their cases forward. These
time limits are listed in California Rule of Court 3.110 and Local Court Rules; Title Three. If
parties miss these deadlines, a judge might issue an order (Order to Show Cause) for them to
explain in court why they should not have to pay a fine or have their case dismissed.
VIEW LOCAL COURT RULES AT: (WWW.CC-COURTS.ORG/RULES)
1
Health and Safety Code §11470 et seq.
2
Including claims for emotional distress and/or wrongful death.
Civil – Info / Instructions
CV-659a-INFO Rev. 8/16/16
Superior Court of California, County of Contra Costa
NOTICE TO DEFENDANTS
In Limited Jurisdiction Civil Actions
YOU ARE BEING SUED. The packet you have been served should contain:
a. The Summons
b. The Complaint
c. The Notice of Case Management Conference (shows hearing date and time)
d. Blank: Case Management Statement (Judicial Council Form CM-110)
e. Blank: Issue Conference Statement (Local Court Form CV-659c)
f. Blank: Stipulation to Attend ADR and Delay First Case Management Conference 90 Days
(Local Court Form CV-659d)
g. Alternative Dispute Resolution (ADR) Information sheet (Local Court Form CV-659e-INFO)
h. Blank Case Questionnaire for Limited Civil Cases (Judicial Council Form DISC-010)
NOTE: If the plaintiff served a completed Case Questionnaire together with the blank form,
you must fill out the blank form and serve it on the plaintiff.
WHAT DO I DO NOW?
You must:
1. Prepare your response YOU COULD LOSE YOUR CASE—even before it is heard by a
judge or before you can defend yourself, if you do not prepare and file a response on time.
See the other side of this page for types of responses you can prepare.
2. Complete the Case Management Statement (CM-110)
3. File and serve your court papers on time Once your court forms are complete, you must
file 1 original and 2 copies of the forms at court. An adult who is NOT involved in your case
must serve one set of forms on the Plaintiff. If you were served in person you must file your
response in 30 days. If the server left a copy of the papers with an adult living at your home
or an adult in charge at your work or you received a copy by mail you must file your
response in 40 days.
4. Prove you served your court papers on time by having your server complete a Proof of
Service, (Judicial Council form POS-040), that must be filed at the court within 60 days.
5. Go to court on the date and time given in the Notice of Case Management Conference.
6. Consider trying to settle your case before trial If you and the other party to the case can
agree to use mediation, arbitration or neutral case evaluation, the Stipulation to Attend ADR
and Delay First Case Management Conference 90 Days can be filed with your other papers.
For more information read the enclosed ADR information, visit www.cc-courts.org/adr, or email
[email protected].
IMPORTANT! The court recommends consulting an attorney for all or part of your case. While you
may represent yourself, lawsuits can be complicated, and the court cannot give you legal advice.
COURT FEES: You must pay court fees the first time you file your papers. If you also file a motion, you must
pay another fee. If you cannot afford the fees, you may ask the court to waive (allow you not to pay) fees.
Use Judicial Council forms FW-001-INFO [information sheet]; FW-001 [application]; and FW-003 [order].
COURT FORMS: Buy forms at the Law Library (1020 Ward Street, Martinez, CA) or download them for free
at: www.courtinfo.ca.gov/forms
NOTE: The Judicial Council Answer forms have spaces for your affirmative defenses. Be sure to include them or you
may not be able to use them later. To find out what your affirmative defenses might be, go to the law library and ask
the librarian to help you find the information you need.
If you want to file a Cross-Complaint, you must do so at the same time you file the Answer.
a. For a personal injury, property damage, and/or wrongful death Cross-Complaint, use Judicial Council form
PLD-PI-002.
b. For a contract Cross-Complaint, use Judicial Council PLD-C-001.
TYPES OF MOTIONS
Written motions are documents that ask the court to do something. You may have to file an Answer at the same time.
At this point in the case, you can only make Motions from the following list:
1. Demurrer (the facts stated in the complaint are wrong, or the deadline to file the lawsuit has passed);
2. Motion to Strike (the complaint is unclear; does not follow the law, “doesn’t matter”, etc.);
3. Motion to Transfer (the complaint is in the wrong court or there’s a more appropriate court);
4. Motion to Quash Service of Summons (you were not legally served);
5. Motion to Stay (put the case on hold); or
6. Motion to Dismiss (stops the case).
NOTE: Motions are very complicated and you may want to hire a lawyer to help you.
_______________________________________________
Plaintiff(s) / Cross Plaintiff(s)
ALL PARTIES STIPULATING TO ADR AND DELAYING THEIR CASE MANAGEMENT CONFERENCE 90 DAYS
MUST SIGN AND FILE THIS FORM AND THEIR CASE MANAGEMENT STATEMENTS AT LEAST 15 DAYS
BEFORE THEIR CASE MANAGEMENT CONFERENCE.
PARTIES MUST ALSO SEND A COPY OF THIS FILED STIPULATION TO THE ADR OFFICE:
EMAIL: [email protected] FAX: (925) 608-2109 MAIL: P.O. BOX 911, MARTINEZ, CA 94553
Counsel and all parties agree to delay their case management conference 90 days to attend ADR and
complete pre-ADR discovery as follows:
1. Selection and scheduling for Alternative Dispute Resolution (ADR):
a. The parties have agreed to ADR as follows:
i. Mediation ( Court-connected Private)
ii. Arbitration ( Judicial Arbitration (non-binding) Private (non-binding) Private (binding))
iii. Neutral case evaluation
b. The ADR neutral shall be selected by (date): __________________ (no more than 14 days after filing this form)
c. ADR shall be completed by (date): __________________ (no more than 90 days after filing this form)
2. The parties will complete the following discovery plan:
a. Written discovery: ( Additional page(s) attached)
i. Interrogatories to:
ii. Request for Production of Documents to:
iii. Request for Admissions to:
iv. Independent Medical Evaluation of:
v. Other:
b. Deposition of the following parties or witnesses: ( Additional page(s) attached)
i. ____________________________________________________________________________________
ii. ____________________________________________________________________________________
iii. ____________________________________________________________________________________
c. No Pre-ADR discovery needed
3. The parties also agree: _____________________________________________________________________________
__________________________________________________________________________________________________
4. Counsel and self-represented parties represent they are familiar with and will fully comply with all local court rules related to
ADR as provided in Title Three; Chapter 5, will pay the fees associated with these services, and understand that if they do
not, without good cause, comply with this stipulation and all relevant local court rules, they may be subject to sanctions.
______________________________________________ _______________________________________________
Counsel for Plaintiff (print) Fax Counsel for Defendant (print) Fax
______________________________________________ _______________________________________________
Signature Signature
______________________________________________ _______________________________________________
Counsel for Plaintiff (print) Fax Counsel for Defendant (print) Fax
______________________________________________ _______________________________________________
Signature Signature
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
(2) have been served but have not appeared and have not been dismissed (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Page 1 of 5
DEFENDANT/RESPONDENT:
4. b. Provide a brief statement of the case, including any damages (if personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief):
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Page 2 of 5
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
10. c. In the table below, indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to
participate in, or have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Page 3 of 5
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page 4 of 5
CM-110 [Rev. January 1, 2024]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
Date:
Defendant (name):
CASE QUESTIONNAIRE—FOR LIMITED CIVIL CASES
(Under $35,000)
Requesting Party (name):
Requesting Party (name):
—INSTRUCTIONS—
A. The purpose of the case questionnaire is to help the parties settle their differences without spending a lot
of money. This is accomplished by exchanging information about the case early in the lawsuit. The
exchange of case questionnaires may be started only by a plaintiff (or cross-complainant) in a limited civil
case. The case questionnaire is optional, and if plaintiff (or cross-complainant) exercises the option, only
this form may be used.
Page 1 of 4
Form Adopted for Mandatory Use
Judicial Council of California
CASE QUESTIONNAIRE—FOR LIMITED CIVIL CASES Code of Civil Procedure, § 93
www.courts.ca.gov
DISC-010 [Rev. January 1, 2024] (Under $35,000)
DO NOT FILE WITH THE COURT DISC-010
Defendant (name):
—QUESTIONS—
b. State your current business name and street address, the type of business entity, and your title.
c. Describe in detail your claims or defenses and the facts on which they are based, giving relevant dates.
See attachment for answer number 1c.
d. State the name, street address, and telephone number of each person who has knowledge of facts relating to this lawsuit, and
specify his or her area of knowledge.
See attachment for answer number 1d.
e. Describe each document or photograph that relates to the issues or facts. You are encouraged to attach a copy of each. For
each that you have described but not attached, state the name, street address, and telephone number of each person who
has it.
See attachment for answer number 1e.
(Under $35,000)
DO NOT FILE WITH THE COURT DISC-010
Defendant (name):
1. f. Describe each item of physical evidence that relates to the issues and facts; give its location; and state the name, street
address, and telephone number of each person who has it.
See attachment for answer number 1f.
g. State the name and street address of each insurance company and the number of each policy that may cover you in whole or
part for the damages claimed.
See attachment for answer number 1g.
b. State the name, street address, and telephone number of each physician, dentist, or other health care provider who treated or
examined you; the type of treatment; the dates of treatment; and the charges by each to date.
See attachment for answer number 2b.
d. Itemize your loss of income to date, give the name and street address of each source, and show how the loss is computed.
See attachment for answer number 2d.
(Under $35,000)
DO NOT FILE WITH THE COURT DISC-010
Defendant (name):
2. e. Itemize the loss of income you anticipate in the future, give the name and street address of each source, and show how the loss
is computed.
See attachment for answer number 2e.
f. Itemize your property damage, and state the amount or attach an itemized bill or estimate.
See attachment for answer number 2f.
g. Describe each other item of damage or cost that you claim, and state the amount.
See attachment for answer number 2g.
b. Describe each item of damage or cost you claim, state the amount, and show how it is computed.
See attachment for answer number 3b.
VERIFICATION
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(Under $35,000)
For your protection and privacy, please press the Clear
This Form button after you have printed the form. Print this form Save this form Clear this form
ATTORNEY/PRO PER FOR: FOR COURT USE ONLY
DEFENDANT:
CASE NUMBER:
ISSUE CONFERENCE STATEMENT
1) Description of your claims or defenses and facts and law on which they are based. Include extent of
injuries, contentions regarding liability, any unusual evidentiary or legal issues anticipated at trial, and all
matters of fact believed by any party to be appropriate for stipulation.
3) Has previously stated estimated length of trial changed? If yes, what is the estimated length of trial?
All judges in the Civil Trial Delay Reduction Program agree that parties should consider using
Alternative Dispute Resolution (ADR) to settle their cases. To tell the court you will use ADR:
• Choose ADR on the Case Management Form (CM-110);
• File a Stipulation to Attend ADR and Continue First Case Management Conference
90-Days (local court form); or
• Agree to ADR at your first court appearance.
MEDIATION
Mediation is often faster and less expensive than going to trial. Mediators help people who have a
dispute talk about ways they can settle their case. Parties call or visit the ADR Programs office to
get a list of mediators. After parties have agreed on a mediator, they must write a summary (5 pages
or less) explaining the facts, legal arguments, and legal authority for their position. They must send
this summary to the other parties and the mediator at least 5 court days before mediation starts.
ALL parties and attorneys must go to mediation. Mediation can be held whenever and wherever the
parties and the mediator want, as long as they finish before the court deadline. In some kinds of
court cases, parties have the chance to mediate in the courthouse on their trial day.
Most mediators begin by talking with the parties together, helping them focus on the important
issues. The mediator may also meet with each party alone. Mediators often ask parties for their
ideas about how to settle the case. Some mediators tell the parties how much money they think a
case is worth, or tell them what they think might happen if the case went to trial. Other mediators
help the parties decide these things for themselves. No matter what approach a mediator takes,
decisions about settling a case can only be made when all the parties agree.
If the parties go through the court ADR program, mediators do not charge fees for the first half hour
spent scheduling or preparing for mediation. They also do not charge fees for the first two hours of
mediation. If parties need more time, they must pay that person’s regular fees. Some mediators ask
for a deposit before mediation starts. Mediators who do this must give back whatever is left after
counting the time he or she spent preparing for or doing the mediation. A party whose court fees
have been waived (cancelled) may ask if their mediation fees or deposit can be waived.
If parties agree about how they will settle their case, they can choose to keep it private, write it up as
a contract, or ask the judge to make it a court order. What parties say and agree to in mediation is
confidential (private).
PRIVATE MEDIATION
Private mediation works in the same way as judicial mediation, but the parties do not go through the
ADR Programs office. Parties choose a mediator on their own, and pay the mediator’s normal fees.
Civil - Information
CV-659e-INFO Rev 8/16/16
JUDICIAL ARBITRATION (non-binding)
In judicial arbitration, an independent attorney (arbitrator) looks at the evidence, listens to the parties
and their witnesses, and decides how the case will be settled. Judicial arbitration is less formal than
court. Parties call or visit the ADR Programs office to get a list of arbitrators. If they cannot agree on
an arbitrator, the court will assign one. The judge can send cases to arbitration if there is less than
$50,000 in dispute. The person who started the court case can make sure the case goes to
arbitration if they agree to limit the amount they are asking for to $50,000. Parties can also agree
they want to use judicial arbitration. The arbitrator must send their decision (award) to the court
within 10 days of the last hearing. The award becomes a court judgment unless a party asks the
court to review the case within 30 days. Parties must use the ADR-102 form to ask for a new court
hearing (called a trial de novo.) Judicial arbitrators charge $150 per case or per day.
Binding arbitration is different from judicial or private non-binding arbitration because the arbitrator's
decision is final. Parties give up their right to have a judge review their case later (except for reasons
listed in California Code of Civil Procedure, Section 1286.2.) Binding arbitration rules are listed in
California Code of Civil Procedure, Sections 1280-1288.8. Parties may also agree any time before
the judge has made a decision that ends the case to switch to binding arbitration. Parties choose the
arbitrator on their own, and must pay the arbitrator's normal (not $150) fees.
Parties call or visit the ADR Programs office to get a list of evaluators. After parties have agreed on
an evaluator, they must write a summary (5 pages or less) explaining the facts, legal arguments,
and legal authority for their position. They must send this summary to the other parties and the
evaluator at least 5 court days before evaluation starts. ALL parties and their attorneys must go to
neutral case evaluation. The evaluation can be held whenever and wherever the parties and the
evaluator want, as long as they finish before the court deadline. If the parties go through the court’s
ADR program, evaluators do not charge any fees for the first half hour spent scheduling or preparing
for the evaluation conference. They also do not charge fees for the first two hours of the evaluation.
If parties need more time, they must pay that person’s regular fees. Some evaluators ask for a
deposit before evaluation starts. Evaluators who do this must give back whatever is left after
counting the time he or she spent preparing for or doing the evaluation. A party whose court fees
have been waived (cancelled) may ask if their evaluation fees or deposit can be waived.
Civil - Information
CV-659e-INFO Rev 8/16/16
TEMPORARY JUDGE
Some parties want a trial, but want to choose who will decide the case and when the trial will take
place. Parties can agree on an attorney that they want the court to appoint as a temporary judge for
their case. (See Article 6, Section 21 of the State Constitution and Rule 3.900-3.910 of the California
Rules of Court.) Temporary judges have nearly the same authority as a superior court judge to
conduct a trial and make decisions. As long as the parties meet the court deadline, they can
schedule the trial at their own and the temporary judge’s convenience.
Each of the temporary judges on the court’s panel has agreed to serve at no charge for up to 5 court
days. If the parties need more time, they must pay that person’s regular fees. All parties and their
lawyers must attend the trial, and provide a copy of all briefs or other court documents to the
temporary judge at least two weeks before the trial. These trials are similar to other civil trials, but
are usually held outside the court. The temporary judge’s decision can be appealed to the superior
court. There is no option for a jury trial. The parties must provide their own court reporter.
SPECIAL MASTER
A special master is a private lawyer, retired judge, or other expert appointed by the court to help
make day-to-day decisions in a court case. The special master’s role can vary, but often includes
making decisions that help the discovery (information exchange) process go more smoothly. He or
she can make decisions about the facts in the case. Special masters can be especially helpful in
complex cases. The trial judge defines what the special master can and cannot do in a court order.
Special masters often issue both interim recommendations and a final report to the parties and the
court. If a party objects to what the special master decides or reports to the court, that party can ask
the judge to review the matter. In general, the parties choose (by stipulation) whom they want the
court to appoint as the special master, but there are times (see California Code of Civil Procedure
Section 639), when the court may appoint a special master or referee without the parties’
agreement. The parties are responsible to pay the special master’s regular fees.
Mediation Services are available through non-profit community organizations. These low-cost
services are provided by trained volunteer mediators. For more information about these programs
contact the ADR Program at [email protected]
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