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Code of Civil Procedure - CCP - CCP § 116.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 116.110

This chapter shall be known and may be cited as “The Small Claims Act.”

Code of Civil Procedure - CCP - CCP § 116.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 fairl

Code of Civil Procedure - CCP - CCP § 116.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 clai

Code of Civil Procedure - CCP - CCP § 116.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 116.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 116.220

(a) The small claims court has jurisdiction in the following actions: (1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250). (2) Except as provided in subdivisio

Code of Civil Procedure - CCP - CCP § 116.221

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 subdivisio

Code of Civil Procedure - CCP - CCP § 116.222

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.225

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 otherw

Code of Civil Procedure - CCP - CCP § 116.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 116.230

(a) In a small claims case, the clerk of the court shall charge and collect only those fees authorized under this chapter. (b) If the party filing a claim has filed 12 or fewer small claims in the state within the previous 12 months, the filing fee is the following: (1) Thirty do

Code of Civil Procedure - CCP - CCP § 116.231

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 d

Code of Civil Procedure - CCP - CCP § 116.232

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 116.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 judg

Code of Civil Procedure - CCP - CCP § 116.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 Satu

Code of Civil Procedure - CCP - CCP § 116.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 116.270

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 116.270

Any small claims division may use law clerks to assist the judge with legal research of small claims cases.

Code of Civil Procedure - CCP - CCP § 116.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 116.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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. (

Code of Civil Procedure - CCP - CCP § 116.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.340

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 116.340

(a) Service of the claim and order on the defendant may be made by any one of the following methods: (1) The clerk may cause a copy of the claim and order to be mailed to the defendant by any form of mail providing for a return receipt. (2) The plaintiff may cause a copy of the c

Code of Civil Procedure - CCP - CCP § 116.360

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.370

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.390

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 commen

Code of Civil Procedure - CCP - CCP § 116.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 116.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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) b