Civil Code Disputes & Enforcement
Certificate of ADR Compliance
Chapter 10 · Dispute Resolution and Enforcement · Alternative Dispute Resolution Prerequisite to Civil Action
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §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.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Country Side Villas Homeowners Ass'n v. Ivie 193 Cal. App. 4th 1110 · 2011 Suing a member for criticizing the board invites an anti-SLAPP strike.
decided before the current text (eff. 2014-01-01, AB 805)
- Retzloff v. Moulton Parkway Residents' Ass'n 14 Cal. App. 5th 742 · 2017 A prevailing association recovers costs, not attorney fees, in records suits.
cited 10×
Decided under the former numbering