reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 94.

94. Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the particular method of discovery, as provided in Title 4 (commencing with Section 2016.010) of Part 4. As to each adverse party, a party may use the following forms of discovery:
(a) Any combination of 35 of the following:
(1) Interrogatories (with no subparts) under Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4.
(2) Demands to produce documents or things under Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4.
(3) Requests for admission (with no subparts) under Chapter 16 (commencing with Section 2033.010) of Title 4 of Part 4.
(b) One oral or written deposition under Chapter 9 (commencing with Section 2025.010), Chapter 10 (commencing with Section 2026.010), or Chapter 11 (commencing with Section 2028.010) of Title 4 of Part 4. For purposes of this subdivision, a deposition of an organization shall be treated as a single deposition even though more than one person may be designated or required to testify pursuant to Section 2025.230.
(c) Any party may serve on any person a deposition subpoena duces tecum requiring the person served to mail copies of documents, books, or records to the party’s counsel at a specified address, along with an affidavit complying with Section 1561 of the Evidence Code.
The party who issued the deposition subpoena shall mail a copy of the response to any other party who tenders the reasonable cost of copying it.
(d) Physical and mental examinations under Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4.
(e) The identity of expert witnesses under Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4.
(Amended by Stats. 2006, Ch. 538, Sec. 61. Effective January 1, 2007.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 95.

95. (a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discovery.
(b) The parties may stipulate to additional discovery.
(Added by Stats. 1982, Ch. 1581, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 96.

96. (a) Any party may serve on any other party a request in substantially the following form:
TO: ,
attorney for :
You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer or, if the documents are not available to you, a description of them. Witnesses and evidence that will be used only for impeachment need not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.
(b) The request shall be served no more than 45 days or less than 30 days prior to the date first set for trial, unless otherwise ordered.
(c) A statement responding to the request shall be served within 20 days from the service of the request.
(d) No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion.
(e) No request or statement served under this section shall be filed, unless otherwise ordered.
(f) The clerk shall furnish forms for requests under this rule.
(g) The time for performing acts required under this section shall be computed as provided by law, including Section 1013.
(Added by Stats. 1982, Ch. 1581, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 97.

97. (a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding statement may call a witness or introduce evidence, except for purposes of impeachment, against the objecting party unless the witness or evidence was included in the statement served.
(b) The exceptions to subdivision (a) are:
(1) A person who, in his or her individual capacity, is a party to the litigation and who calls himself or herself as a witness.
(2) An adverse party.
(3) Witnesses and evidence used solely for purposes of impeachment.
(4)  Documents obtained by discovery authorized by this chapter.
(5) The court may, upon such terms as may be just (including, but not limited to, continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness or introduce evidence which is required to be, but is not included in such party’s statement so long as the court finds that such party has made a good faith effort to comply with subdivision (c) of Section 96 or that the failure to comply was the result of his or her mistake, inadvertence, surprise or excusable neglect as provided in Section 473.
(c) Nothing in this article limits the introduction of evidence in any hearing pursuant to Section 585.
(Amended by Stats. 1983, Ch. 102, Sec. 3. Effective June 16, 1983.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 98.

98. A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies:
(a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.
(b) The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition.
The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit.
(Amended by Stats. 2023, Ch. 131, Sec. 17. (AB 1754) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 99.

99. A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate as collateral estoppel of a party or a successor in interest to a party in other litigation with a person who was not a party or a successor in interest to a party to the action in which the judgment or order is rendered.
(Added by Stats. 1982, Ch. 1581, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.1 - Limited Civil Cases › ARTICLE 2 - Economic Litigation for Limited Civil Cases › Section 100.

100. Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.
(Added by Stats. 1982, Ch. 1581, Sec. 1.)
2023 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 1 - General Provisions › Section 116.110.

116.110. This chapter shall be known and may be cited as “The Small Claims Act.”
(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.)
2023 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 1 - General Provisions › Section 116.120.

116.120. The Legislature hereby finds and declares as follows:
(a) Individual minor civil disputes are of special importance to the parties and of significant social and economic consequence collectively.
(b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairly, it is essential to provide a judicial forum accessible to all parties directly involved in resolving these disputes.
(c) The small claims divisions have been established to provide a forum to resolve minor civil disputes, and for that reason constitute a fundamental element in the administration of justice and the protection of the rights and property of individuals.
(d) The small claims divisions, the provisions of this chapter, and the rules of the Judicial Council regarding small claims actions shall operate to ensure that the convenience of parties and witnesses who are individuals shall prevail, to the extent possible, over the convenience of any other parties or witnesses.
(Amended by Stats. 1998, Ch. 931, Sec. 37. Effective September 28, 1998.)
2023 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 1 - General Provisions › Section 116.130.

116.130. In this chapter, unless the context indicates otherwise:
(a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff.
(b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim.
(c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered.
(d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered.
(e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, or other entity.
(f) “Individual” means a natural person.
(g) “Party” means a plaintiff or defendant.
(h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter.
(i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct.
(j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge.
(k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise.
(Amended by Stats. 2003, Ch. 449, Sec. 4. Effective January 1, 2004.)
2023 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 1 - General Provisions › Section 116.140.

116.140. The following do not apply in small claims actions:
(a) Subdivision (a) of Section 1013 and subdivision (b) of Section 1005, on the extension of the time for taking action when notice is given by mail.
(b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of prejudgment attachments.
(Added by Stats. 1991, Ch. 915, Sec. 2.)
2023 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 2 - Small Claims Court › Section 116.210.

116.210. In each superior court there shall be a small claims division. The small claims division may be known as the small claims court.
(Amended by Stats. 2002, Ch. 784, Sec. 30. Effective January 1, 2003.)
2023 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 2 - Small Claims Court › Section 116.221.

116.221. In addition to the jurisdiction conferred by Section 116.220, the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500), except as otherwise prohibited by subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.
(Amended by Stats. 2023, Ch. 861, Sec. 6. (SB 71) Effective January 1, 2024.)
2023 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 2 - Small Claims Court › Section 116.222.

116.222. If the action is to enforce the payment of a debt, the statement of calculation of liability shall separately state the original debt, each payment credited to the debt, each fee and charge added to the debt, each payment credited against those fees and charges, all other debits or charges to the account, and an explanation of the nature of those fees, charges, debits, and all other credits to the debt, by source and amount.
(Added by Stats. 2005, Ch. 618, Sec. 3. Effective January 1, 2006.)
2023 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 2 - Small Claims Court › Section 116.223.

116.223. (a) The Legislature hereby finds and declares as follows:
(1) There is anticipated to be an unprecedented number of claims arising out of nonpayment of residential rent that occurred between March 1, 2020, and September 30, 2021, related to the COVID-19 pandemic.
(2) These disputes are of special importance to the parties and of significant social and economic consequence collectively as the people of the State of California grapple with the health, economic, and social impacts of the COVID-19 pandemic.
(3) It is essential that the parties have access to a judicial forum to resolve these disputes expeditiously, inexpensively, and fairly.
(4) It is the intent of the Legislature that landlords of residential real property and their tenants have the option to litigate disputes regarding rent which is unpaid for the time period between March 1, 2020, and September 30, 2021, in the small claims court. It is the intent of the Legislature that the jurisdictional limits of the small claims court not apply to these disputes over COVID-19 rental debt.
(b) (1) Notwithstanding paragraph (1) of subdivision (a) Section 116.220, Section 116.221, or any other law, the small claims court has jurisdiction in any action for recovery of COVID-19 rental debt, as defined in Section 1179.02, and any defenses thereto, regardless of the amount demanded.
(2) In an action described in paragraph (1), the court shall reduce the damages awarded for any amount of COVID-19 rental debt sought by payments made to the landlord to satisfy the COVID-19 rental debt, including payments by the tenant, rental assistance programs, or another third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.
(3) An action to recover COVID-19 rental debt, as defined in Section 1179.02, brought pursuant to this subdivision shall not be commenced before November 1, 2021.
(c) Any claim for recovery of COVID-19 rental debt, as defined in Section 1179.02, shall not be subject to Section 116.231, notwithstanding the fact that a landlord of residential rental property may have brought two or more small claims actions in which the amount demanded exceeded two thousand five hundred dollars ($2,500) in any calendar year.
(d) This section shall remain in effect until October 1, 2025, and as of that date is repealed.
(Amended by Stats. 2021, Ch. 27, Sec. 7. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2025, by its own provisions.)
2023 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 2 - Small Claims Court › Section 116.225.

116.225. An agreement entered into or renewed on or after January 1, 2003, establishing a forum outside of California for an action arising from an offer or provision of goods, services, property, or extensions of credit primarily for personal, family, or household purposes that is otherwise within the jurisdiction of a small claims court of this state is contrary to public policy and is void and unenforceable.
(Added by Stats. 2002, Ch. 247, Sec. 1. Effective January 1, 2003.)
2023 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 2 - Small Claims Court › Section 116.231.

116.231. (a) Except as provided in subdivision (d), no person may file more than two small claims actions in which the amount demanded exceeds two thousand five hundred dollars ($2,500), anywhere in the state in any calendar year.
(b) Except as provided in subdivision (d), if the amount demanded in any small claims action exceeds two thousand five hundred dollars ($2,500), the party making the demand shall file a declaration under penalty of perjury attesting to the fact that not more than two small claims actions in which the amount of the demand exceeded two thousand five hundred dollars ($2,500) have been filed by that party in this state within the calendar year.
(c) The Legislature finds and declares that the pilot project conducted under the authority of Chapter 1196 of the Statutes of 1991 demonstrated the efficacy of the removal of the limitation on the number of actions public entities may file in the small claims courts on claims exceeding two thousand five hundred dollars ($2,500).
(d) The limitation on the number of filings exceeding two thousand five hundred dollars ($2,500) does not apply to filings where the claim does not exceed five thousand dollars ($5,000) that are filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity. If any small claims action is filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity pursuant to this section, and the defendant informs the court either in advance of the hearing by written notice or at the time of the hearing, that he or she is represented in the action by legal counsel, the action shall be transferred out of the small claims division. A city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity may not file a claim within the small claims division if the amount of the demand exceeds five thousand dollars ($5,000).
(Amended by Stats. 1998, Ch. 931, Sec. 39. Effective September 28, 1998.)
2023 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 2 - Small Claims Court › Section 116.232.

116.232. A fee of fifteen dollars ($15) shall be charged and collected from the plaintiff for each defendant to whom the court clerk mails a copy of the claim under Section 116.340. This fee shall be distributed to the court in which it was collected.
(Amended by Stats. 2013, Ch. 31, Sec. 1. (SB 75) Effective June 27, 2013.)
2023 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 2 - Small Claims Court › Section 116.240.

116.240. (a) With the consent of the parties who appear at the hearing, the court may order a case to be heard by a temporary judge who is a member of the State Bar, and who has been sworn and empowered to act until final determination of the case.
(b) Prior to serving as a temporary judge in small claims court, on and after July 1, 2006, and at least every three years thereafter, each temporary judge shall take the course of study offered by the courts on ethics and substantive law under rules adopted by the Judicial Council. The course shall include, but not be limited to, state and federal consumer laws, landlord-tenant law along with any applicable county specific rent deposit law, the state and federal Fair Debt Collection Practices Acts, the federal Truth in Lending Act, the federal Fair Credit Billing Act, the federal Electronic Fund Transfer Act, tort law, and contract law, including defenses to contracts and defenses to debts. On substantive law, the courts may receive assistance from the Department of Consumer Affairs, to the extent that the department is fiscally able to provide that assistance.
(Amended by Stats. 2005, Ch. 618, Sec. 4. Effective January 1, 2006.)
2023 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 2 - Small Claims Court › Section 116.250.

116.250. (a) Sessions of the small claims court may be scheduled at any time and on any day, including Saturdays, but excluding other judicial holidays.
(b) Each small claims division of a superior court with seven or more judicial officers shall conduct at least one night session or Saturday session each month for the purpose of hearing small claims cases other than small claims appeals. The term “session” includes, but is not limited to, a proceeding conducted by a member of the State Bar acting as a mediator or referee.
(Amended by Stats. 2003, Ch. 149, Sec. 4. Effective January 1, 2004.)
2023 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 2 - Small Claims Court › Section 116.260.

116.260. In each county, individual assistance shall be made available to advise small claims litigants and potential litigants without charge as provided in Section 116.940 and by rules adopted by the Judicial Council.
(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.)
2023 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 2 - Small Claims Court › Section 116.270.

116.270. Any small claims division may use law clerks to assist the judge with legal research of small claims cases.
(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.)
2023 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 116.310.

116.310. (a) No formal pleading, other than the claim described in Section 116.320 or 116.360, is necessary to initiate a small claims action.
(b) The pretrial discovery procedures described in Section 2019.010 are not permitted in small claims actions.
(Amended by Stats. 2004, Ch. 182, Sec. 7. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 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 116.320.

116.320. (a) A plaintiff may commence an action in the small claims court by filing a claim under oath with the clerk of the small claims court in person, by mail, by facsimile transmission if authorized pursuant to Section 1010.5, or by electronic means as authorized by Section 1010.6.
(b) The claim form shall be a simple nontechnical form approved or adopted by the Judicial Council. The claim form shall set forth a place for (1) the name and address of the defendant, if known; (2) the amount and the basis of the claim; (3) that the plaintiff, where possible, has demanded payment and, in applicable cases, possession of the property; (4) that the defendant has failed or refused to pay, and, where applicable, has refused to surrender the property; and (5) that the plaintiff understands that the judgment on his or her claim will be conclusive and without a right of appeal.
(c) The form or accompanying instructions shall include information that the plaintiff (1) may not be represented by an attorney, (2) has no right of appeal, and (3) may ask the court to waive fees for filing and serving the claim on the ground that the plaintiff is unable to pay them, using the forms approved by the Judicial Council for that purpose.
(Amended by Stats. 2007, Ch. 738, Sec. 4. Effective January 1, 2008.)
2023 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 116.330.

116.330. (a) When a claim is filed, the clerk shall schedule the case for hearing and shall issue an order directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense. The case shall be scheduled for hearing no earlier than 20 days but not more than 70 days from the date of the order.
(b) In lieu of the method of setting the case for hearing described in subdivision (a), at the time a claim is filed the clerk may do all of the following:
(1) Cause a copy of the claim to be mailed to the defendant by any form of mail providing for a return receipt.
(2) On receipt of proof that the claim was served as provided in paragraph (1), issue an order scheduling the case for hearing in accordance with subdivision (a) and directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense.
(3) Cause a copy of the order setting the case for hearing and directing the parties to appear, to be served upon the parties by any form of mail providing for a return receipt.
(Amended by Stats. 2005, Ch. 706, Sec. 4. Effective January 1, 2006.)
2023 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 116.360.

116.360. (a) The defendant may file a claim against the plaintiff in the same action in an amount not to exceed the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231. The claim need not relate to the same subject or event as the plaintiff’s claim.
(b) The defendant’s claim shall be filed and served in the manner provided for filing and serving a claim of the plaintiff under Sections 116.330 and 116.340.
(c) The defendant shall cause a copy of the claim and order to be served on the plaintiff at least five days before the hearing date, unless the defendant was served 10 days or less before the hearing date, in which event the defendant shall cause a copy of the defendant’s claim and order to be served on the plaintiff at least one day before the hearing date.
(Amended by Stats. 2006, Ch. 167, Sec. 4. Effective January 1, 2007.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)