reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 116.370 (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 3 - Actions|Section 116.370.

116.370.  (a) Venue and court location requirements in small claims actions shall be the same as in other civil actions. The court may prescribe by local rule the proper court locations for small claims actions.(b) A defendant may challenge venue or court location by writing to the court and mailing a copy of the challenge to each of the other parties to the action, without personally appearing at the hearing.(c) In all cases, including those in which the defendant does not either challenge venue or court location or appear at the hearing, the court shall inquire into the facts sufficiently to determine whether venue and court location are proper, and shall make its determination accordingly.(1) If the court determines that the action was not commenced in the proper venue, the court, on its own motion, shall dismiss the action without prejudice, unless all defendants are present and agree that the action may be heard. If the court determines that the action was not commenced in the proper court location, the court may transfer the action to a proper location pursuant to local rule.(2) If the court determines that the action was commenced in the proper venue and court location, the court may hear the case if all parties are present. If the defendant challenged venue or court location and all parties are not present, the court shall postpone the hearing for at least 15 days and shall notify all parties by mail of the court’s decision and the new hearing date, time, and place.(Amended by Stats. 2002, Ch. 806, Sec. 4. Effective January 1, 2003.)
CA Civ Pro Code § 116.390 (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 3 - Actions|Section 116.390.

116.390.  (a) If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff’s claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction and request the small claims court to transfer the small claims action to that court.(b) The defendant may make the request by filing with the small claims court in which the plaintiff commenced the action, at or before the time set for the hearing of that action, a declaration stating the facts concerning the defendant’s action against the plaintiff with a true copy of the complaint so filed by the defendant against the plaintiff. The defendant shall cause a copy of the declaration and complaint to be personally delivered to the plaintiff at or before the time set for the hearing of the small claims action.(c) In ruling on a motion to transfer, the small claims court may do any of the following: (1) render judgment on the small claims case prior to the transfer; (2) not render judgment and transfer the small claims case; (3) refuse to transfer the small claims case on the grounds that the ends of justice would not be served. If the small claims action is transferred prior to judgment, both actions shall be tried together in the transferee court.(d) When the small claims court orders the action transferred, it shall transmit all files and papers to the transferee court.(e) The plaintiff in the small claims action shall not be required to pay to the clerk of the transferee court any transmittal, appearance, or filing fee unless the plaintiff appears in the transferee court, in which event the plaintiff shall be required to pay the filing fee and any other fee required of a defendant in the transferee court. However, if the transferee court rules against the plaintiff in the action filed in that court, the court may award to the defendant in that action the costs incurred as a consequence of the transfer, including attorney’s fees and filing fees.(Amended by Stats. 2006, Ch. 167, Sec. 5. Effective January 1, 2007.)
CA Civ Pro Code § 116.410 (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 4 - Parties|Section 116.410.

116.410.  (a) Any person who is at least 18 years of age, or legally emancipated, and mentally competent may be a party to a small claims action.(b) A minor or incompetent person may appear by a guardian ad litem appointed by a judge of the court in which the action is filed.(Amended by Stats. 2004, Ch. 171, Sec. 1. Effective January 1, 2005.)
CA Civ Pro Code § 116.420 (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 4 - Parties|Section 116.420.

116.420.  (a) No claim shall be filed or maintained in small claims court by the assignee of the claim.(b) This section does not prevent the filing or defense of an action in the small claims court by (1) a trustee in bankruptcy in the exercise of the trustee’s duties as trustee, or (2) by the holder of a security agreement, retail installment contract, or lien contract subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the Automobile Sales Finance Act (Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code), purchased by the holder for the holder’s portfolio of investments, provided that the holder is not an assignee for the purpose of collection.(c) This section does not prevent the filing in small claims court by a local government which is self-insured for purposes of workers’ compensation and is seeking subrogation pursuant to Section 3852 of the Labor Code.(Amended by Stats. 1994, Ch. 231, Sec. 1. Effective January 1, 1995.)
CA Civ Pro Code § 116.430 (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 4 - Parties|Section 116.430.

116.430.  (a) If the plaintiff operates or does business under a fictitious business name and the claim relates to that business, the claim shall be accompanied by the filing of a declaration stating that the plaintiff has complied with the fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required. (b) A small claims action filed by a person who has not complied with the applicable fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required shall be dismissed without prejudice. (c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code, and “fictitious business name statement” means the statement described in Section 17913 of the Business and Professions Code.(Amended by Stats. 1991, Ch. 915, Sec. 12.)
CA Civ Pro Code § 116.510 (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 5 - Hearing|Section 116.510.

116.510.  The hearing and disposition of the small claims action shall be informal, the object being to dispense justice promptly, fairly, and inexpensively.(Amended by Stats. 1991, Ch. 915, Sec. 13.)
CA Civ Pro Code § 116.520 (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 5 - Hearing|Section 116.520.

116.520.  (a) The parties have the right to offer evidence by witnesses at the hearing or, with the permission of the court, at another time.(b) If the defendant fails to appear, the court shall still require the plaintiff to present evidence to prove his or her claim.(c) The court may consult witnesses informally and otherwise investigate the controversy with or without notice to the parties.(Added by Stats. 1990, Ch. 1305, Sec. 3.)
CA Civ Pro Code § 116.530 (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 5 - Hearing|Section 116.530.

116.530.  (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action.(b) Subdivision (a) does not apply if the attorney is appearing to maintain or defend an action in any of the following capacities:(1) By or against himself or herself.(2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys.(3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys.(c) Nothing in this section shall prevent an attorney from doing any of the following:(1) Providing advice to a party to a small claims action, either before or after the commencement of the action.(2) Testifying to facts of which he or she has personal knowledge and about which he or she is competent to testify.(3) Representing a party in an appeal to the superior court.(4) Representing a party in connection with the enforcement of a judgment.(Amended by Stats. 2003, Ch. 449, Sec. 5. Effective January 1, 2004.)
CA Civ Pro Code § 116.531 (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 5 - Hearing|Section 116.531.

116.531.  Nothing in this article shall prevent a representative of an insurer or other expert in the matter before the small claims court from rendering assistance to a party in the litigation except during the conduct of the hearing, either before or after the commencement of the action, unless otherwise prohibited by law; nor shall anything in this article prevent those individuals from testifying to facts of which they have personal knowledge and about which they are competent to testify.(Added by Stats. 1990, Ch. 1683, Sec. 5.)
CA Civ Pro Code § 116.541 (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 5 - Hearing|Section 116.541.

116.541.  (a) Notwithstanding Section 116.540 or any other provision of law, the Department of Corrections or the Department of the Youth Authority may appear and participate in a small claims action through a regular employee, who is employed or appointed for purposes other than solely representing that department in small claims court.(b) Where the Department of Corrections or the Department of the Youth Authority is named as a defendant in small claims court, the representative of the department is not required to personally appear to challenge the plaintiff’s compliance with the pleading requirements and may submit pleadings or declarations to assert that challenge.(c) At the hearing of a small claims action, the court shall require any individual who is appearing as a representative of the Department of Corrections or the Department of the Youth Authority under subdivision (a) to file a declaration stating (1) that the individual is authorized to appear for the party, (2) the basis for that authorization, and (3) that the individual is not employed solely to represent the party in small claims court.(d) Nothing in this section shall operate or be construed to authorize an attorney to participate in a small claims action except as expressly provided in Section 116.530.(e) For purposes of this section, all references to the Department of Corrections or the Department of the Youth Authority include an employee thereof, against whom a claim has been filed under this chapter arising out of his or her duties as an employee of that department.(Added by Stats. 1995, Ch. 366, Sec. 2. Effective January 1, 1996.)
CA Civ Pro Code § 116.560 (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 5 - Hearing|Section 116.560.

116.560.  (a) Whenever a claim that is filed against a person operating or doing business under a fictitious business name relates to the defendant’s business, the court shall inquire at the time of the hearing into the defendant’s correct legal name and the name or names under which the defendant does business. If the correct legal name of the defendant, or the name actually used by the defendant, is other than the name stated on the claim, the court shall amend the claim to state the correct legal name of the defendant, and the name or names actually used by the defendant. (b) The plaintiff may request the court at any time, whether before or after judgment, to amend the plaintiff’s claim or judgment to include both the correct legal name and the name or names actually used by the defendant. Upon a showing of good cause, the court shall amend the claim or judgment to state the correct legal name of the defendant, and the name or names actually used by the defendant. (c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code.(Added by Stats. 1991, Ch. 915, Sec. 17.)
CA Civ Pro Code § 116.570 (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 5 - Hearing|Section 116.570.

116.570.  (a) Any party may submit a written request to postpone a hearing date for good cause.(1) The written request may be made either by letter or on a form adopted or approved by the Judicial Council.(2) The request shall be filed at least 10 days before the hearing date, unless the court determines that the requesting party has good cause to file the request at a later date.(3) On the date of making the written request, the requesting party shall mail or personally deliver a copy to each of the other parties to the action.(4) (A) If the court finds that the interests of justice would be served by postponing the hearing, the court shall postpone the hearing, and shall notify all parties by mail of the new hearing date, time, and place.(B) On one occasion, upon the written request of a defendant guarantor, the court shall postpone the hearing for at least 30 days, and the court shall take this action without a hearing. This subparagraph does not limit the discretion of the court to grant additional postponements under subparagraph (A).(5) The court shall provide a prompt response by mail to any person making a written request for postponement of a hearing date under this subdivision.(b) If service of the claim and order upon the defendant is not completed within the number of days before the hearing date required by subdivision (b) of Section 116.340, and the defendant has not personally appeared and has not requested a postponement, the court shall postpone the hearing for at least 15 days. If a postponement is ordered under this subdivision, the clerk shall promptly notify all parties by mail of the new hearing date, time, and place.(c) This section does not limit the inherent power of the court to order postponements of hearings in appropriate circumstances.(d) A fee of ten dollars ($10) shall be charged and collected for the filing of a request for postponement and rescheduling of a hearing date after timely service pursuant to subdivision (b) of Section 116.340 has been made upon the defendant.(Amended by Stats. 2002, Ch. 806, Sec. 5. Effective January 1, 2003.)
CA Civ Pro Code § 116.610 (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 6 - Judgment|Section 116.610.

116.610.  (a) The small claims court shall give judgment for damages, or equitable relief, or both damages and equitable relief, within the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and may make any orders as to time of payment or otherwise as the court deems just and equitable for the resolution of the dispute.(b) The court may, at its discretion or on request of any party, continue the matter to a later date in order to permit and encourage the parties to attempt resolution by informal or alternative means.(c) The judgment shall include a determination whether the judgment resulted from a motor vehicle accident on a California highway caused by the defendant’s operation of a motor vehicle, or by the operation by some other individual, of a motor vehicle registered in the defendant’s name.(d) If the defendant has filed a claim against the plaintiff, or if the judgment is against two or more defendants, the judgment, and the statement of decision if one is rendered, shall specify the basis for and the character and amount of the liability of each of the parties, including, in the case of multiple judgment debtors, whether the liability of each is joint or several.(e) If specific property is referred to in the judgment, whether it be personal or real, tangible or intangible, the property shall be identified with sufficient detail to permit efficient implementation or enforcement of the judgment.(f) In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.(g) (1) The prevailing party is entitled to the costs of the action, including the costs of serving the order for the appearance of the defendant.(2) Notwithstanding paragraph (1) of this subdivision and subdivision (b) of Section 1032, the amount of the small claims court fee paid by a party pursuant to subdivision (c) of Section 116.230 that exceeds the amount that would have been paid if the party had paid the fee pursuant to subdivision (b) of Section 116.230 shall not be recoverable as costs.(h) When the court renders judgment, the clerk shall promptly deliver or mail notice of entry of the judgment to the parties, and shall execute a certificate of personal delivery or mailing and place it in the file.(i) The notice of entry of judgment shall be on a form approved or adopted by the Judicial Council.(Amended by Stats. 2006, Ch. 167, Sec. 7. Effective January 1, 2007.)
CA Civ Pro Code § 116.620 (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 6 - Judgment|Section 116.620.

116.620.  (a) The judgment debtor shall pay the amount of the judgment either immediately or at the time and upon the terms and conditions, including payment by installments, which the court may order.(b) The court may at any time, for good cause, upon motion by a party and notice by the clerk to all affected parties at their last known address, amend the terms and conditions for payment of the judgment to provide for payment by installment. The determination shall be made without regard to the nature of the underlying debt and without regard to whether the moving party appeared before entry of the judgment.(c) In determining the terms and conditions of payment, the court may consider any factors which would be relevant to a claim of exemption under Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9 of Part 2.(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 § 116.630 (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 6 - Judgment|Section 116.630.

116.630.  The court may, at any time after judgment, for good cause, upon motion by a party and notice by the clerk to all affected parties at their last known address, amend the name of any party to include both the correct legal name and the actually used name or names of that party.(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 § 116.710 (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 116.710.

116.710.  (a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim, but a plaintiff who did not appear at the hearing may file a motion to vacate the judgment in accordance with Section 116.720.(b) The defendant with respect to the plaintiff’s claim, and a plaintiff with respect to a claim of the defendant, may appeal the judgment to the superior court in the county in which the action was heard.(c) With respect to the plaintiff’s claim, the insurer of the defendant may appeal the judgment to the superior court in the county in which the matter was heard if the judgment exceeds two thousand five hundred dollars ($2,500) and the insurer stipulates that its policy with the defendant covers the matter to which the judgment applies.(d) A defendant who did not appear at the hearing has no right to appeal the judgment, but may file a motion to vacate the judgment in accordance with Section 116.730 or 116.740 and also may appeal the denial of that motion.(Amended (as added by Stats. 1990, Ch. 1305) by Stats. 1990, Ch. 1683, Sec. 6.)
CA Civ Pro Code § 116.720 (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 116.720.

116.720.  (a) A plaintiff 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 clerk shall schedule the hearing on the motion to vacate for a date no earlier than 10 days after the clerk has mailed written notice of the date, time, and place of the hearing to the parties. (c) Upon a showing of good cause, the small claims court may grant the motion. If the defendant is not present, the court shall hear the motion in the defendant’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 defendant is not present, the judge or clerk shall reschedule the case and give notice in accordance with Section 116.330.(Amended by Stats. 1991, Ch. 915, Sec. 20.)
CA Civ Pro Code § 116.725 (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 116.725.

116.725.  (a) A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the decision may be made as follows:(1) By the court on its own motion at any time.(2) By a party within 30 days after the clerk mails notice of entry of judgment to the parties.(b) Each party may file only one motion to correct a clerical error or to set aside and vacate the judgment on the ground of an incorrect or erroneous legal basis for the decision.(Repealed and added by Stats. 2005, Ch. 706, Sec. 7. Effective January 1, 2006.)