Cal. Civ. Code §5950
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Alternative dispute resolution — Certificate filed with initial pleading
At the time of commencement of a Davis-Stirling enforcement action, the filing party must attach a certificate stating that one of three conditions is satisfied: ADR was completed, the other party refused ADR, or preliminary or temporary injunctive relief is necessary. Failure to file the certificate is grounds for demurrer or motion to strike. Companion provision to §5930.
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Statutory Text
Verified Aug 5, 2026 · CA_LEG_INFO
Civil Code - CIV DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) CHAPTER 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) 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.)
Governance
| Ref | Requirement |
|---|---|
| (a) | When filing the lawsuit, the plaintiff must attach a certificate proving they offered ADR and the other side either refused or the case needs an emergency court order. Missing the certificate gives the defendant a demurrer or motion-to-strike basis. |
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Legal references last verified July 4, 2026.
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