Rule 3.811.Cases subject to and exempt from arbitration
Division 8. Alternative Dispute Resolution · Chapter 2. Judicial Arbitration · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.811 identifies which civil cases must go through judicial arbitration — mainly lower-value unlimited cases in large courts, cases parties elect into, and limited civil cases where local rule requires it — and lists categories, including class actions and equitable-relief claims, that are exempt.
(a)Cases subject to arbitration Except as provided in (b), the following cases must be arbitrated:
(1)In each superior court with 18 or more authorized judges, all unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff;
(2)In each superior court with fewer than 18 authorized judges that so provides by local rule, all unlimited civil cases where the amount in controversy does not exceed $50,000 as to any plaintiff;
(3)All limited civil cases in courts that so provide by local rule;
(4)Upon stipulation, any limited or unlimited civil case in any court, regardless of the amount in controversy; and
(5)Upon filing of an election by all plaintiffs, any limited or unlimited civil case in any court in which each plaintiff agrees that the arbitration award will not exceed $50,000 as to that plaintiff. (Subd (a) amended effective January 1, 2004.)
(b)Cases exempt from arbitration The following cases are exempt from arbitration:
(1)Cases that include a prayer for equitable relief that is not frivolous or insubstantial;
(2)Class actions;
(3)Small claims cases or trials de novo on appeal from the small claims court;
(4)Unlawful detainer proceedings;
(5)Family Law Act proceedings except as provided in Family Code section 2554;
(6)Any case otherwise subject to arbitration that is found by the court not to be amenable to arbitration on the ground that arbitration would not reduce the probable time and expense necessary to resolve the litigation;
(7)Any category of cases otherwise subject to arbitration but excluded by local rule as not amenable to arbitration on the ground that, under the circumstances relating to the particular court, arbitration of such cases would not reduce the probable time and expense necessary to resolve the litigation; and
(8)Cases involving multiple causes of action or a cross-complaint if the court determines that the amount in controversy as to any given cause of action or cross- complaint exceeds $50,000. (Subd (b) adopted effective January 1, 2004.)
Plain-English Summary
Rule 3.811 sorts civil cases into two buckets: those that must go to judicial arbitration and those that never will. On the “in” side, the trigger usually turns on court size and dollar amount: superior courts with 18 or more authorized judges must arbitrate unlimited civil cases worth $50,000 or less as to any plaintiff, and smaller courts can adopt the same rule locally. Limited civil courts can opt their cases in by local rule as well. Beyond those default categories, the parties themselves can send a case to arbitration by stipulation regardless of amount, or plaintiffs can unilaterally elect arbitration by agreeing that their own award will not exceed $50,000.
The exemption list rules out categories where arbitration does not fit. Claims for equitable relief that are not frivolous, class actions, small claims appeals, unlawful detainer cases, and most Family Law Act proceedings stay out because their procedures or stakes do not match what judicial arbitration was built for.
Two more exemptions turn on efficiency rather than case type: a court can exempt an individual case, or an entire category of cases by local rule, on the specific ground that arbitration would not reduce the time and expense of resolving it — and a case with a cross-complaint gets pulled out if the amount in controversy on any single cause of action or cross-complaint tops $50,000, so a claim that was never meant to be capped does not get swept into arbitration along with the rest.
Frequently Asked Questions
Is my civil case automatically sent to judicial arbitration?
It depends on your court and the amount in controversy. Large courts (18 or more authorized judges) must arbitrate unlimited civil cases at $50,000 or less as to any plaintiff; smaller courts and limited civil courts can opt in by local rule.
Can I choose arbitration even if my case does not otherwise qualify?
Yes. Parties can stipulate to arbitration for any limited or unlimited case regardless of amount, and plaintiffs can elect arbitration by agreeing their recovery will not exceed $50,000.
Are class actions handled through judicial arbitration?
No. Rule 3.811 lists class actions among the categories of cases exempt from arbitration.
Does asking for an injunction along with damages take my case out of arbitration?
Generally yes. If the prayer for equitable relief is not frivolous or insubstantial, the case is exempt from arbitration under Rule 3.811(b)(1).
How does a cross-complaint affect whether a case gets arbitrated?
A case involving multiple causes of action or a cross-complaint is exempt if the amount in controversy on any one of them exceeds $50,000, even if the main claim would otherwise qualify.
Amendment History
Rule 3.811 renumbered effective January 1, 2007; adopted as rule 1600 effective July 1, 1979; previously amended effective January 1, 1982, January 1, 1986, January 1, 1988, and July 1, 1999; previously amended and renumbered as rule 1601 effective January 1, 2004.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
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