(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.
(Added by Stats. 2012, Ch. 180, Sec. 2. Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
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Related Statutes
- AB 3247 (Committee on Judiciary) Arbitration: agreements: enforcement.
- Civil Code Section 5960. Attorney’s Fees in Response to ADR Refusal.
- Civil Code Section 5955. Stay of Enforcement Action for ADR.
- Civil Code Section 5945. ADR Effect on Statute of Limitations.
- Civil Code Section 5940. Time to Complete ADR Process; ADR Costs.
- Civil Code Section 5935. Request for Resolution to Initiate ADR Process.
- Civil Code Section 5930. ADR Prerequisite to Enforcement Action
- Civil Code Section 5925. “Alternative Dispute Resolution” (ADR) and “Enforcement Action” Defined.