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§ 403.060.Reclassification Fee

Title 4. Of the Place of Trial, Reclassification, and Coordination of Civil Actions · Chapter 2. Reclassification of Civil Actions and Proceedings · Last amended 2006 · Last verified July 28, 2026

In one sentenceSection 403.060 sets the fee for reclassifying a limited civil case into an unlimited civil case, charges no separate fee to reclassify an unlimited case down to a limited one beyond the limited case’s ordinary fees, and provides that a case stays limited if a required reclassification fee under Sections 403.020, 403.030, or 403.050 goes unpaid.

Full Text of § 403.060

Text sizeJump to: (a) (b) (c)

(a) For reclassification of a case from a limited civil case to an unlimited civil case, a fee shall be charged as provided in Section 70619 of the Government Code. This reclassification fee shall be in addition to any other fee due for that appearance or filing in a limited civil case. No additional amounts shall be charged for appearance or filing fees paid prior to reclassification. After reclassification, the fees ordinarily charged in an unlimited case shall be charged.
(b) If a reclassification fee is required and is not paid at the time an amended complaint or other initial pleading, a cross-complaint, or a stipulation for reclassification is filed under Section 403.020, 403.030, or 403.050, the clerk shall not reclassify the case and the case shall remain and proceed as a limited civil case.
(c) No fee shall be charged for reclassification of a case from an unlimited civil case to a limited civil case. The fees ordinarily required for filing or appearing in a limited civil case shall be charged at the time of filing a pleading that reclassifies the case. Parties are not entitled to a refund of the difference between any fees previously paid for appearance or filing in an unlimited civil case and the fees due in a limited civil case. After reclassification, the fees ordinarily charged in a limited civil case shall be charged.

Plain-English Summary

Moving a case between the limited and unlimited civil tracks isn’t free, except when it moves in the direction that lowers the stakes. Section 403.060 sets out who pays what when a case gets reclassified, and what happens if nobody pays.

Reclassifying a case upward, from limited to unlimited, costs a fee set under the Government Code, charged in addition to whatever the party already paid for filing or appearing in the limited case. Nobody pays again for fees already covered before reclassification; only the additional amount tied to the higher-stakes unlimited track comes due. Going the other direction costs nothing extra: reclassifying a case downward, from unlimited to limited, carries no separate reclassification fee, though the party filing the pleading that reclassifies the case pays the ordinary limited-case fees at that point, without a refund of anything already paid under the unlimited case’s higher fee schedule.

The fee requirement has teeth. If a party files an amended complaint, a cross-complaint, or a stipulation meant to reclassify a case under Sections 403.020, 403.030, or 403.050, and doesn’t pay the fee that reclassification calls for, the clerk won’t reclassify the case. The lawsuit stays exactly where it was, proceeding as a limited civil case, until the fee gets paid.

Frequently Asked Questions

How much does it cost to reclassify a case from limited to unlimited civil?

A fee set under the Government Code, charged in addition to any fees already paid before reclassification. No additional amount is charged for appearance or filing fees paid before the case was reclassified.

Is there a fee to reclassify a case from unlimited civil down to limited civil?

No separate reclassification fee applies. The party filing the pleading that reclassifies the case instead pays the ordinary fees charged in a limited civil case going forward.

What happens if I don’t pay the required reclassification fee?

The clerk won’t reclassify the case. It stays and proceeds as a limited civil case until the fee is paid.

Can I get a refund of fees I already paid if my case is reclassified from unlimited to limited?

No. Section 403.060 doesn’t provide a refund of the difference between fees already paid in the unlimited case and the lower fees due in a limited case.

Amendment History

Amended by Stats 2005 ch 75 (AB 145),s 29, eff. 7/19/2005, op. 1/1/2006 Added by Stats 2001 ch 824 (AB 1700), s 8, eff. 1/1/2002.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: reclassification fee california limited civil casecost to reclassify civil case californiaunpaid reclassification fee limited civil