reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 116.730 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.730.

116.730.  (a) A defendant who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be filed within 30 days after the clerk has mailed notice of entry of the judgment to the parties. (b) The defendant shall appear at any hearing on the motion, or submit written justification for not appearing together with a declaration in support of the motion. (c) Upon a showing of good cause, the court may grant the motion to vacate the judgment. If the plaintiff is not present, the court shall hear the motion in the plaintiff’s absence. (d) If the motion is granted, and if all parties are present and agree, the court may hear the case without rescheduling it. If the plaintiff is not present, the judge or clerk shall reschedule the case and give notice in accordance with Section 116.330. (e) If the motion is denied, the defendant may appeal to the superior court only on the denial of the motion to vacate the judgment. The defendant shall file the notice of appeal with the clerk of the small claims court within 10 days after the small claims court has mailed or delivered notice of the court’s denial of the motion to vacate the judgment. (f) If the superior court determines that the defendant’s motion to vacate the judgment should have been granted, the superior court may hear the claims of all parties without rescheduling the matter, provided that all parties are present and the defendant has previously complied with this article, or may order the case transferred to the small claims court for a hearing.(Amended by Stats. 1991, Ch. 915, Sec. 21.)
CA Civ Pro Code § 116.740 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.740.

116.740.  (a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the defendant may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be accompanied by a supporting declaration, and shall be filed within 180 days after the defendant discovers or should have discovered that judgment was entered against the defendant. (b) The court may order that the enforcement of the judgment shall be suspended pending a hearing and determination of the motion to vacate the judgment. (c) Upon a showing of good cause, the court may grant the motion to vacate the judgment. If the plaintiff is not present, the court shall hear the motion in the plaintiff’s absence. (d) Subdivisions (d), (e), and (f) of Section 116.730 apply to any motion to vacate a judgment.(Amended by Stats. 1991, Ch. 915, Sec. 22.)
CA Civ Pro Code § 116.745 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.745.

116.745.  The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.(Amended by Stats. 2005, Ch. 75, Sec. 22. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
CA Civ Pro Code § 116.750 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.750.

116.750.  (a) An appeal from a judgment in a small claims action is taken by filing a notice of appeal with the clerk of the small claims court. (b) A notice of appeal shall be filed not later than 30 days after the clerk has delivered or mailed notice of entry of the judgment to the parties. A notice of appeal filed after the 30-day period is ineffective for any purpose. (c) The time for filing a notice of appeal is not extended by the filing of a request to correct a mistake or by virtue of any subsequent proceedings on that request, except that a new period for filing notice of appeal shall begin on the delivery or mailing of notice of entry of any modified judgment.(Amended by Stats. 1991, Ch. 915, Sec. 23.)
CA Civ Pro Code § 116.760 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.760.

116.760.  (a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal.(b) A party who does not appeal shall not be charged any fee for filing any document relating to the appeal.(c) The fee shall be distributed as follows:(1) To the county law library fund, as provided in Section 6320 of the Business and Professions Code, the amount specified in Section 6321 and 6322.1 of the Business and Professions Code.(2) To the Trial Court Trust Fund, the remainder of the fee.(Amended by Stats. 2005, Ch. 75, Sec. 23. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
CA Civ Pro Code § 116.770 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.770.

116.770.  (a) The appeal to the superior court shall consist of a new hearing before a judicial officer other than the judicial officer who heard the action in the small claims division.(b) The hearing on an appeal to the superior court shall be conducted informally. The pretrial discovery procedures described in Section 2019.010 are not permitted, no party has a right to a trial by jury, and no tentative decision or statement of decision is required.(c) Article 5 (commencing with Section 116.510) on hearings in the small claims court applies in hearings on appeal in the superior court, except that attorneys may participate.(d) The scope of the hearing shall include the claims of all parties who were parties to the small claims action at the time the notice of appeal was filed. The hearing shall include the claim of a defendant that was heard in the small claims court.(e) The clerk of the superior court shall schedule the hearing for the earliest available time and shall mail written notice of the hearing to the parties at least 14 days prior to the time set for the hearing.(f) The Judicial Council may prescribe by rule the practice and procedure on appeal and the time and manner in which the record on appeal shall be prepared and filed.(Amended by Stats. 2004, Ch. 182, Sec. 8. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
CA Civ Pro Code § 116.780 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.780.

116.780.  (a) The judgment of the superior court after a hearing on appeal is final and not appealable.(b) Article 6 (commencing with Section 116.610) on judgments of the small claims court applies to judgments of the superior court after a hearing on appeal, except as provided in subdivision (c).(c) For good cause and where necessary to achieve substantial justice between the parties, the superior court may award a party to an appeal reimbursement of (1) attorney’s fees actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150), and (2) actual loss of earnings and expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one hundred fifty dollars ($150).(Amended by Stats. 2011, Ch. 308, Sec. 1. (SB 647) Effective January 1, 2012.)
CA Civ Pro Code § 116.790 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.790.

116.790.  If the superior court finds that the appeal was without substantial merit and not based on good faith, but was intended to harass or delay the other party, or to encourage the other party to abandon the claim, the court may award the other party (a) attorney’s fees actually and reasonably incurred in connection with the appeal, not exceeding one thousand dollars ($1,000), and (b) any actual loss of earnings and any expenses of transportation and lodging actually and reasonably incurred in connection with the appeal, not exceeding one thousand dollars ($1,000), following a hearing on the matter.(Amended by Stats. 1991, Ch. 915, Sec. 27.)
CA Civ Pro Code § 116.795 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.795.

116.795.  (a) The superior court may dismiss the appeal if the appealing party does not appear at the hearing or if the appeal is not heard within one year from the date of filing the notice of appeal with the clerk of the small claims court.(b) Upon dismissal of an appeal by the superior court, the small claims court shall thereafter have the same jurisdiction as if no appeal had been filed.(Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
CA Civ Pro Code § 116.798 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 7 - Motion to Vacate, Appeal, and Related Matters|Section 116.798.

116.798.  (a) (1)  A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a postjudgment enforcement order, may be heard by a judge who is assigned to the appellate division of the superior court.(2) A petition described by paragraph (1) may also be heard by the court of appeal or by the Supreme Court.(3) Where a judge described in paragraph (1) grants a writ directed to the small claims division, the small claims division is an inferior tribunal for purposes of Title 1 (commencing with Section 1067) of Part 3.(4) The fee for filing a writ petition in the superior court under paragraph (1) is the same as the fee for filing a notice of appeal under Section 116.760.(5) The Judicial Council shall promulgate procedural rules for a writ proceeding under paragraph (1).(6) An appeal shall not be taken from a judgment granting or denying a petition under paragraph (1) for issuance of a writ. An appellate court may, in its discretion, upon petition for extraordinary writ, review the judgment.(b) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of a superior court in a small claims appeal may be heard by the court of appeal or by the Supreme Court.(c) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to a postjudgment enforcement order of the small claims division may be heard by the appellate division of the superior court, by the court of appeal, or by the Supreme Court.(Added by Stats. 2012, Ch. 470, Sec. 3. (AB 1529) Effective January 1, 2013.)
CA Civ Pro Code § 116.810 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 8 - Satisfaction and Enforcement of Judgment|Section 116.810.

116.810.  (a) Enforcement of the judgment of a small claims court, including the issuance or recording of any abstract of the judgment, is automatically suspended, without the filing of a bond by the defendant, until the expiration of the time for appeal. (b) If an appeal is filed as provided in Article 7 (commencing with Section 116.710), enforcement of the judgment of the small claims court is suspended unless (1) the appeal is dismissed by the superior court pursuant to Section 116.795, or (2) the superior court determines that the small claims court properly denied the defendant’s motion to vacate filed under Section 116.730 or 116.740. In either of those events, the judgment of the small claims court may be enforced. (c) The scope of the suspension of enforcement under this section and, unless otherwise ordered, of any suspension of enforcement ordered by the court, shall include any enforcement procedure described in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174.(Amended by Stats. 1991, Ch. 915, Sec. 28.)
CA Civ Pro Code § 116.820 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 8 - Satisfaction and Enforcement of Judgment|Section 116.820.

116.820.  (a) The judgment of a small claims court, or the judgment of the superior court after a hearing on appeal, may be enforced by the small claims court as provided in Title 9 (commencing with Section 680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of judgments of other courts.(b) The clerk of the court shall charge and collect all fees associated with the enforcement of judgments under Title 9 (commencing with Section 680.010) of Part 2. The clerk shall immediately deposit all the fees collected under this section into a bank account established for this purpose by the Administrative Office of the Courts. The money shall be remitted to the State Treasury under rules adopted by, or trial court financial policies and procedures authorized by, the Judicial Council under subdivision (a) of Section 77206 of the Government Code. The Controller shall distribute the fees to the Trial Court Trust Fund as provided in Section 68085.1 of the Government Code.(c) The prevailing party in any action subject to this chapter is entitled to the costs of enforcing the judgment and accrued interest.(Amended by Stats. 2011, Ch. 308, Sec. 2. (SB 647) Effective January 1, 2012.)
CA Civ Pro Code § 116.830 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 8 - Satisfaction and Enforcement of Judgment|Section 116.830.

116.830.  (a) At the time judgment is rendered, or notice of entry of the judgment is mailed to the parties, the clerk shall deliver or mail to the judgment debtor a form containing questions regarding the nature and location of any assets of the judgment debtor. (b) Within 30 days after the clerk has mailed notice of entry of the judgment, unless the judgment has been satisfied, the judgment debtor shall complete the form and cause it to be delivered to the judgment creditor. (c) In the event a motion is made to vacate the judgment or a notice of appeal is filed, a judgment debtor shall complete and deliver the form within 30 days after the clerk has delivered or mailed notice of denial of the motion to vacate, or notice of dismissal of or entry of judgment on the appeal, whichever is applicable. (d) In case of the judgment debtor’s willful failure to comply with subdivision (b) or (c), the judgment creditor may request the court to apply the sanctions, including arrest and attorney’s fees, as provided in Section 708.170, on contempt of court.(e) The Judicial Council shall approve or adopt the form to be used for the purpose of this section.(Amended by Stats. 1991, Ch. 915, Sec. 30.)
CA Civ Pro Code § 116.840 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 8 - Satisfaction and Enforcement of Judgment|Section 116.840.

116.840.  (a) At the option of the judgment debtor, payment of the judgment may be made either (1) to the judgment creditor in accordance with Section 116.850, or (2) to the court in which the judgment was entered in accordance with Section 116.860.(b) The small claims court may order entry of satisfaction of judgment in accordance with subdivisions (c) and (d) of Section 116.850, or subdivision (b) of Section 116.860.(Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
CA Civ Pro Code § 116.850 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 8 - Satisfaction and Enforcement of Judgment|Section 116.850.

116.850.  (a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor’s assignee of record, then immediately upon receipt of payment, the judgment creditor or assignee shall file with the clerk of the court an acknowledgment of satisfaction of the judgment. (b) Any judgment creditor or assignee of record who, after receiving full payment of the judgment and written demand by the judgment debtor, fails without good cause to execute and file an acknowledgment of satisfaction of the judgment with the clerk of the court in which the judgment is entered within 14 days after receiving the request, is liable to the judgment debtor or the judgment debtor’s grantees or heirs for all damages sustained by reason of the failure and, in addition, the sum of fifty dollars ($50). (c) The clerk of the court shall enter a satisfaction of judgment at the request of the judgment debtor if the judgment debtor either (1) establishes a rebuttable presumption of full payment under subdivision (d), or (2) establishes a rebuttable presumption of partial payment under subdivision (d) and complies with subdivision (c) of Section 116.860.(d) A rebuttable presumption of full or partial payment of the judgment, whichever is applicable, is created if the judgment debtor files both of the following with the clerk of the court in which the judgment was entered: (1) Either a canceled check or money order for the full or partial amount of the judgment written by the judgment debtor after judgment and made payable to and endorsed by the judgment creditor, or a cash receipt for the full or partial amount of the judgment written by the judgment debtor after judgment and signed by the judgment creditor. (2) A declaration stating that (A) the judgment debtor has made full or partial payment of the judgment including accrued interest and costs; (B) the judgment creditor has been requested to file an acknowledgment of satisfaction of the judgment and refuses to do so, or refuses to accept subsequent payments, or the present address of the judgment creditor is unknown; and (C) the documents identified in and accompanying the declaration constitute evidence of the judgment creditor’s receipt of full or partial payment.(Amended by Stats. 1991, Ch. 915, Sec. 31.)
CA Civ Pro Code § 116.860 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 8 - Satisfaction and Enforcement of Judgment|Section 116.860.

116.860.  (a) A judgment debtor who desires to make payment to the court in which the judgment was entered may file a request to make payment, which shall be made on a form approved or adopted by the Judicial Council.(b) Upon the filing of the request to make payment and the payment to the clerk of the amount of the judgment and any accrued interest and costs after judgment, plus any required fee authorized by this section, the clerk shall enter satisfaction of the judgment and shall remit payment to the judgment creditor as provided in this section.(c) If partial payment of the judgment has been made to the judgment creditor, and the judgment debtor files the declaration and evidence of partial payment described in subdivision (d) of Section 116.850, the clerk shall enter satisfaction of the judgment upon receipt by the clerk of the balance owing on the judgment, including any accrued interest and costs after judgment, and the fee required by this section.(d) If payment is made by means other than money order, certified or cashier’s check, or cash, entry of satisfaction of the judgment shall be delayed for 30 days.(e) The clerk shall notify the judgment creditor, at his or her last known address, that the judgment debtor has satisfied the judgment by making payment to the court. The notification shall explain the procedures which the judgment creditor has to follow to receive payment.(f) For purposes of this section, “costs after judgment” consist of only those costs itemized in a memorandum of costs filed by the judgment creditor or otherwise authorized by the court.(g) Payments that remain unclaimed for three years shall go to the superior court pursuant to Section 68084.1 of the Government Code.(h) A fee of twenty dollars ($20) shall be paid by the judgment debtor for the costs of administering this section.(Amended by Stats. 2005, Ch. 75, Sec. 25. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
CA Civ Pro Code § 116.870 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 8 - Satisfaction and Enforcement of Judgment|Section 116.870.

116.870.  (a) Sections 16250 to 16381, inclusive, of the Vehicle Code, regarding the suspension of the judgment debtor’s privilege to operate a motor vehicle for failing to satisfy a judgment, apply if the judgment (1) was for damage to property in excess of one thousand dollars ($1,000) or for bodily injury to, or death of, a person in any amount, and (2) resulted from the operation of a motor vehicle upon a California highway by the defendant, or by any other person for whose conduct the defendant was liable, unless the liability resulted from the defendant’s signing the application of a minor for a driver’s license.(b) This section shall become operative on January 1, 2017.(Repealed (in Sec. 1) and added by Stats. 2015, Ch. 451, Sec. 2. (SB 491) Effective January 1, 2016. Section operative January 1, 2017, by its own provisions.)
CA Civ Pro Code § 116.920 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 1 - OF COURTS OF JUSTICE|TITLE 1 - ORGANIZATION AND JURISDICTION|CHAPTER 5.5 - Small Claims Court|ARTICLE 9 - Administration|Section 116.920.

116.920.  (a) The Judicial Council shall provide by rule for the practice and procedure and for the forms and their use in small claims actions. The rules and forms so adopted shall be consistent with this chapter. (b) The Judicial Council, in consultation with the Department of Consumer Affairs, shall adopt rules to ensure that litigants receive adequate notice of the availability of assistance from small claims advisors, to prescribe other qualifications and the conduct of advisors, to prescribe training standards for advisors and for temporary judges hearing small claims matters, to prescribe, where appropriate, uniform rules and procedures regarding small claims actions and judgments, and to address other matters that are deemed necessary and appropriate.(Amended by Stats. 1991, Ch. 915, Sec. 35.)