California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5 — Common Interest Developments, Chapter 10 — Dispute Resolution and Enforcement, Article 3 — Alternative Dispute Resolution Prerequisite to Civil Action, Section 5950

(a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following conditions are satisfied:

(1) Alternative dispute resolution has been completed in compliance with this article.

(2) One of the other parties to the dispute did not accept the terms offered for alternative dispute resolution.

(3) Preliminary or temporary injunctive relief is necessary.

(b) Failure to file a certificate pursuant to subdivision (a) is grounds for a demurrer or a motion to strike unless the court finds that dismissal of the action for failure to comply with this article would result in substantial prejudice to one of the parties.

Notes

Requires a party commencing an enforcement action to file with the initial pleading a certificate stating that ADR was completed, another party rejected offered ADR terms, or preliminary or temporary injunctive relief is necessary. Allows a demurrer or motion to strike for nonfiling unless dismissal would substantially prejudice a party.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 5950 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5/chapter-10/article-3/section-5950

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.