This chapter shall not apply to any civil action which includes a prayer for equitable relief, except that if the prayer for equitable relief is frivolous or insubstantial, this chapter shall be applicable.
§ 1141.13.Prayer For Equitable Relief
Title 3. Of Summary Proceedings · Chapter 2.5. Judicial Arbitration · Enacted 1978 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1141.13 excludes civil actions seeking equitable relief from judicial arbitration under this chapter, unless the request for equitable relief is frivolous or insubstantial, in which case the chapter still applies.
Full Text of § 1141.13
Plain-English Summary
Judicial arbitration works best when a case boils down to money damages an arbitrator can size up quickly. A request for an injunction, specific performance, or other equitable remedy doesn't fit that mold — an arbitrator's award can't easily substitute for a court's equitable judgment. So § 1141.13 keeps cases with a genuine prayer for equitable relief out of this chapter altogether.
The exception matters as much as the rule. If the prayer for equitable relief is frivolous or insubstantial — tacked on without real substance, perhaps to dodge arbitration — the chapter applies anyway. Section 1141.16 gives the court, not the arbitrator, the job of deciding at the outset whether an equitable claim is frivolous or insubstantial, a determination the statute makes unappealable.
Frequently Asked Questions
Does judicial arbitration apply to a lawsuit seeking an injunction?
Generally no. Section 1141.13 excludes civil actions that include a prayer for equitable relief from this chapter.
Can a plaintiff avoid arbitration just by adding a request for equitable relief?
Not if that request is frivolous or insubstantial — in that case § 1141.13 says the chapter still applies.
Who decides whether a request for equitable relief is frivolous or insubstantial?
The court, at the same time it determines the amount in controversy under § 1141.16, and that determination isn't appealable.
Amendment History
Added by Stats. 1978, Ch. 743.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: equitable relief judicial arbitration californiaarbitration exemption injunction california