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Code of Civil Procedure - CCP - CCP § 116.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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, filin

Code of Civil Procedure - CCP - CCP § 116.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 116.510

The hearing and disposition of the small claims action shall be informal, the object being to dispense justice promptly, fairly, and inexpensively.

Code of Civil Procedure - CCP - CCP § 116.520

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 c

Code of Civil Procedure - CCP - CCP § 116.530

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.531

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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,

Code of Civil Procedure - CCP - CCP § 116.540

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 116.540

(a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action. (b) Except as additionally provided in subdivision (i), a corporation may appear and participate in a small claims a

Code of Civil Procedure - CCP - CCP § 116.541

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 re

Code of Civil Procedure - CCP - CCP § 116.560

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 d

Code of Civil Procedure - CCP - CCP § 116.570

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.610

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.620

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.630

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 116.710

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 pla

Code of Civil Procedure - CCP - CCP § 116.720

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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) T

Code of Civil Procedure - CCP - CCP § 116.725

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 cle

Code of Civil Procedure - CCP - CCP § 116.730

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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) T

Code of Civil Procedure - CCP - CCP § 116.740

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.745

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 116.745

The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.

Code of Civil Procedure - CCP - CCP § 116.750

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 parti

Code of Civil Procedure - CCP - CCP § 116.760

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 lib

Code of Civil Procedure - CCP - CCP § 116.770

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 discover

Code of Civil Procedure - CCP - CCP § 116.780

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 subdivi

Code of Civil Procedure - CCP - CCP § 116.790

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 r

Code of Civil Procedure - CCP - CCP § 116.795

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 116.798

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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