reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 5.5 - 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 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.)
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 9 - Administration › Section 116.930.

116.930. (a) Each small claims division shall provide in each courtroom in which small claims actions are heard a current copy of a publication describing small claims court law and the procedures that are applicable in the small claims courts, including the law and procedures that apply to the enforcement of judgments. The Small Claims Court and Consumer Law California Judge’s Bench Book developed by the California Center for Judicial Education and Research is illustrative of a publication that satisfies the requirement of this subdivision.
(b) Each small claims division may formulate and distribute to litigants and the public a manual on small claims court rules and procedures. The manual shall explain how to complete the necessary forms, how to determine the proper court in which small claims actions may be filed, how to present and defend against claims, how to appeal, how to enforce a judgment, how to protect property that is exempt from execution, and such other matters that the court deems necessary or desirable.
(c) If the Department of Consumer Affairs determines there are sufficient private or public funds available in addition to the funds available within the department’s current budget, the department, in cooperation with the Judicial Council, shall prepare a manual or information booklet on small claims court rules and procedures. The department shall distribute copies to the general public and to each small claims division.
(d) If funding is available, the Judicial Council, in cooperation with the Department of Consumer Affairs, shall prepare and distribute to each judge who sits in a small claims court a bench book describing all state and federal consumer protection laws reasonably likely to apply in small claims actions.
(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 9 - Administration › Section 116.950.

116.950. (a) This section shall become operative only if the Department of Consumer Affairs determines that sufficient private or public funds are available in addition to the funds available in the department’s current budget to cover the costs of implementing this section.
(b) There shall be established an advisory committee, constituted as set forth in this section, to study small claims practice and procedure, with particular attention given to the improvement of procedures for the enforcement of judgments.
(c) The members of the advisory committee shall serve without compensation, but shall be reimbursed for expenses actually and necessarily incurred by them in the performance of their duties.
(d) The advisory committee shall be composed as follows:
(1) The Attorney General or a representative.
(2) Two consumer representatives from consumer groups or agencies, appointed by the Secretary of the State and Consumer Services Agency.
(3) One representative appointed by the Speaker of the Assembly and one representative appointed by the President pro Tempore of the Senate.
(4) Two representatives appointed by the Board of Governors of the State Bar.
(5) Two representatives of the business community, appointed by the Secretary of Technology, Trade, and Commerce.
(6) Six judicial officers who have extensive experience presiding in small claims court, appointed by the Judicial Council. Judicial officers appointed under this subdivision may include judicial officers of the superior court, judges of the appellate courts, retired judicial officers, and temporary judges.
(7) One representative appointed by the Governor.
(8) Two clerks of the court appointed by the Judicial Council.
(e) Staff assistance to the advisory committee shall be provided by the Department of Consumer Affairs, with the assistance of the Judicial Council, as needed.
(Amended by Stats. 2002, Ch. 784, Sec. 32. Effective January 1, 2003. Implementation is subject to condition in subd. (a).)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 6 - General Provisions Respecting Courts of Justice › ARTICLE 1 - Open Court Access › Section 124.

124. (a) Except as provided in Section 214 of the Family Code or any other law, the sittings of every court shall be public.
(b) (1) The court shall not exclude the public from physical access because remote access is available, unless it is necessary to restrict or limit physical access to protect the health or safety of the public or court personnel.
(2) When a courthouse is physically closed, to the extent permitted by law, the court shall provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings. This paragraph does not apply to proceedings pursuant to Section 214 of the Family Code or other law that authorizes or requires a proceeding to be closed.
(3) For purposes of this subdivision, “remote access” shall include, but is not limited to, an audio stream that is available on an internet website or telephonic means to listen to a court proceeding.
(Amended by Stats. 2021, Ch. 526, Sec. 3. (AB 716) Effective January 1, 2022.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 6 - General Provisions Respecting Courts of Justice › ARTICLE 2 - Incidental Powers and Duties of Courts › Section 129.

129. (a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, shall not be made or disseminated except as follows:
(1) For use in a criminal action or proceeding in this state that relates to the death of that person.
(2) As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.
(3) For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if either of the following applies:
(A) The coroner receives written authorization from a legal heir or representative of that person before the action is filed or while the action is pending. To verify the identity of the legal heir or representative, all of the following shall be provided to the coroner:
(i) A declaration under penalty of perjury that the individual is a legal heir or representative of the deceased person.
(ii) A valid form of identification.
(iii) A certified death certificate.
(B) A subpoena is issued by a party who is a legal heir or representative of the deceased person in a pending civil action.
(b) This section shall not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation.
(c) This section shall apply to a copy, reproduction, or facsimile, and to a photograph, negative, or print, regardless of when it was made.
(d) A coroner is not personally liable for monetary damages in a civil action for any act or omission in compliance with this section.
(Amended by Stats. 2016, Ch. 467, Sec. 1. (AB 2427) Effective January 1, 2017.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 6 - General Provisions Respecting Courts of Justice › ARTICLE 3 - Judicial Holidays › Section 133.

133. Courts of justice may be held and judicial business transacted on any day, except as provided in this article.
(Repealed and added by Stats. 1985, Ch. 1450, Sec. 2. Operative January 1, 1989, by Sec. 6 of Ch. 1450.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 6 - General Provisions Respecting Courts of Justice › ARTICLE 3 - Judicial Holidays › Section 134.

134. (a) Except as provided in subdivision (c), the courts shall be closed for the transaction of judicial business on judicial holidays for all but the following purposes:
(1) To give, upon their request, instructions to a jury when deliberating on their verdict.
(2) To receive a verdict or discharge a jury.
(3) For the conduct of arraignments and the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature.
(4) For the conduct of Saturday small claims court sessions pursuant to the Small Claims Act set forth in Chapter 5.5 (commencing with Section 116.110).
(b) Injunctions and writs of prohibition may be issued and served on any day.
(c) In any superior court, one or more departments of the court may remain open and in session for the transaction of any business that may come before the department in the exercise of the civil or criminal jurisdiction of the court, or both, on a judicial holiday or at any hours of the day or night, or both, as the judges of the court prescribe.
(d) The fact that a court is open on a judicial holiday shall not make that day a nonholiday for purposes of computing the time required for the conduct of any proceeding nor for the performance of any act. Any paper lodged with the court at a time when the court is open pursuant to subdivision (c), shall be filed by the court on the next day that is not a judicial holiday, if the document meets appropriate criteria for filing.
(Amended by Stats. 2002, Ch. 784, Sec. 33. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 6 - General Provisions Respecting Courts of Justice › ARTICLE 3 - Judicial Holidays › Section 135.

135. Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving Day, is a judicial holiday, except the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” September 9, known as “Admission Day,” the second Monday in October, known as “Columbus Day,” and any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday. If a judicial holiday falls on a Saturday or a Sunday, the Judicial Council may designate an alternative day for observance of the holiday. Every Saturday and the day after Thanksgiving Day are judicial holidays. Officers and employees of the courts shall observe only the judicial holidays established pursuant to this section.
(Amended by Stats. 2022, Ch. 792, Sec. 1.5. (AB 2596) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 6 - General Provisions Respecting Courts of Justice › ARTICLE 3 - Judicial Holidays › Section 136.

136. If a day appointed for the holding or sitting of a court, or to which it is adjourned, falls on a judicial holiday, it shall be deemed appointed for or adjourned to the next day.
(Added by Stats. 1985, Ch. 1450, Sec. 2. Operative January 1, 1989, by Sec. 6 of Ch. 1450.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 6 - General Provisions Respecting Courts of Justice › ARTICLE 4 - Proceedings in Case of Absence of Judge › Section 139.

139. If no judge attends on the day appointed for the holding or sitting of a court, or on the day to which it may have been adjourned, within one hour after the time appointed, the sheriff, marshal, or clerk shall adjourn the same until the next day, at 10 o’clock a.m., and if no judge attend on that day, before noon, the sheriff, marshal, or clerk shall adjourn the same until the following day at the same hour; and so on, from day to day unless the judge, by written order, directs it to be adjourned to some day certain, fixed in said order, in which case it shall be so adjourned.
(Amended by Stats. 1996, Ch. 872, Sec. 6. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 1 - ORGANIZATION AND JURISDICTION › CHAPTER 6 - General Provisions Respecting Courts of Justice › ARTICLE 6 - Seals of Courts › Section 153.

153. Except as otherwise expressly provided by law, the seal of a court need not be affixed to any proceeding therein, or to any document, except to the following:
(a) A writ.
(b) A summons.
(c) A warrant of arrest.
(Amended by Stats. 1988, Ch. 1199, Sec. 2. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 2 - JUDICIAL OFFICERS › CHAPTER 2 - Powers of Judges at Chambers › Section 165.

165. The justices of the Supreme Court and of the courts of appeal, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of mandamus, certiorari, and prohibition; and may, in their discretion, hear applications to discharge such orders and writs.
(Amended by Stats. 1967, Ch. 17.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 2 - JUDICIAL OFFICERS › CHAPTER 2 - Powers of Judges at Chambers › Section 166.

166. (a) The judges of the superior courts may, in chambers:
(1) Grant all orders and writs that are usually granted in the first instance upon an ex parte application, and hear and dispose of those orders and writs, appoint referees, require and receive inventories and accounts to be filed, order notice of settlement of supplemental accounts, suspend the powers of personal representatives, guardians, or conservators in the cases allowed by law, appoint special administrators, grant letters of temporary guardianship or conservatorship, approve or reject claims, and direct the issuance from the court of all writs and process necessary in the exercise of their powers in matters of probate.
(2) Hear and determine all motions made pursuant to Section 657 or 663.
(3) Hear and determine all uncontested actions, proceedings, demurrers, motions, petitions, applications, and other matters pending before the court other than actions for dissolution of marriage, for legal separation, or for a judgment of nullity of the marriage, and except also applications for confirmation of sale of real property in probate proceedings.
(4) Hear and determine motions to tax costs of enforcing a judgment.
(5) Approve bonds and undertakings.
(b) A judge may, out of court, anywhere in the state, exercise all the powers and perform all the functions and duties conferred upon a judge as contradistinguished from the court, or that a judge may exercise or perform in chambers.
(Amended by Stats. 2002, Ch. 784, Sec. 34. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 2 - JUDICIAL OFFICERS › CHAPTER 2 - Powers of Judges at Chambers › Section 166.1.

166.1. Upon the written request of any party or his or her counsel, or at the judge’s discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation. Neither the denial of a request for, nor the objection of another party or counsel to, such a commentary in the interlocutory order, may be grounds for a writ or appeal.
(Added by Stats. 2002, Ch. 708, Sec. 1. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 2 - JUDICIAL OFFICERS › CHAPTER 2 - Powers of Judges at Chambers › Section 167.

167. Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof.
(Amended by Stats. 1989, Ch. 1417, Sec. 1.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 2 - JUDICIAL OFFICERS › CHAPTER 3 - Disqualifications of Judges › Section 170.

170. A judge has a duty to decide any proceeding in which he or she is not disqualified.
(Repealed and added by Stats. 1984, Ch. 1555, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 2 - JUDICIAL OFFICERS › CHAPTER 3 - Disqualifications of Judges › Section 170.2.

170.2. It shall not be grounds for disqualification that the judge:
(a) Is or is not a member of a racial, ethnic, religious, sexual or similar group and the proceeding involves the rights of such a group.
(b) Has in any capacity expressed a view on a legal or factual issue presented in the proceeding, except as provided in paragraph (2) of subdivision (a) of, or subdivision (b) or (c) of, Section 170.1.
(c) Has as a lawyer or public official participated in the drafting of laws or in the effort to pass or defeat laws, the meaning, effect or application of which is in issue in the proceeding unless the judge believes that his or her prior involvement was so well known as to raise a reasonable doubt in the public mind as to his or her capacity to be impartial.
(Added by Stats. 1984, Ch. 1555, Sec. 6.)
2023 California Code › Code of Civil Procedure - CCP › PART 1 - OF COURTS OF JUSTICE › TITLE 2 - JUDICIAL OFFICERS › CHAPTER 3 - Disqualifications of Judges › Section 170.4.

170.4. (a) A disqualified judge, notwithstanding his or her disqualification may do any of the following:
(1) Take any action or issue any order necessary to maintain the jurisdiction of the court pending the assignment of a judge not disqualified.
(2) Request any other judge agreed upon by the parties to sit and act in his or her place.
(3) Hear and determine purely default matters.
(4) Issue an order for possession prior to judgment in eminent domain proceedings.
(5) Set proceedings for trial or hearing.
(6) Conduct settlement conferences.
(b) Notwithstanding paragraph (5) of subdivision (c) of Section 170.3, if a statement of disqualification is untimely filed or if on its face it discloses no legal grounds for disqualification, the trial judge against whom it was filed may order it stricken.
(c) (1) If a statement of disqualification is filed after a trial or hearing has commenced by the start of voir dire, by the swearing of the first witness or by the submission of a motion for decision, the judge whose impartiality has been questioned may order the trial or hearing to continue, notwithstanding the filing of the statement of disqualification. The issue of disqualification shall be referred to another judge for decision as provided in subdivision (a) of Section 170.3, and if it is determined that the judge is disqualified, all orders and rulings of the judge found to be disqualified made after the filing of the statement shall be vacated.
(2) For the purposes of this subdivision, if (A) a proceeding is filed in a single judge court or has been assigned to a single judge for comprehensive disposition, and (B) the proceeding has been set for trial or hearing 30 or more days in advance before a judge whose name was known at the time, the trial or hearing shall be deemed to have commenced 10 days prior to the date scheduled for trial or hearing as to any grounds for disqualification known before that time.
(3) A party may file no more than one statement of disqualification against a judge unless facts suggesting new grounds for disqualification are first learned of or arise after the first statement of disqualification was filed. Repetitive statements of disqualification not alleging facts suggesting new grounds for disqualification shall be stricken by the judge against whom they are filed.
(d) Except as provided in this section, a disqualified judge shall have no power to act in any proceeding after his or her disqualification or after the filing of a statement of disqualification until the question of his or her disqualification has been determined.
(Added by Stats. 1984, Ch. 1555, Sec. 8.)