California Code of Civil Procedure

§ 403.040

CCP § 403.040 Effective Jan 1, 2002Title 4 · Part 2 · Ch. 2

Statute text

(a)The plaintiff, cross-complainant, or petitioner may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant or cross-defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. The court, on its own motion, may reclassify a case at any time. A motion for reclassification does not extend the moving party’s time to amend or answer or otherwise respond. The court shall grant the motion and enter an order for reclassification, regardless of any fault or lack of fault, if the case has been classified in an incorrect jurisdictional classification.

(b)If a party files a motion for reclassification after the time for that party to amend that party’s initial pleading or to respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order for reclassification only if both of the following conditions are satisfied:

(1)The case is incorrectly classified.

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Legislative history

Amended by Stats. 2001, Ch. 824, Sec. 4. Effective January 1, 2002.