CA Codes (ccp:116.210-116.270)


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.

116.220.  (a) The small claims court shall have 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 five
thousand dollars ($5,000).
   (2) Except as provided in subdivisions (c), (e), and (f), to
enforce payment of delinquent unsecured personal property taxes in an
amount not to exceed five thousand dollars ($5,000), if the legality
of the tax is not contested by the defendant.
   (3) To issue the writ of possession authorized by Sections 1861.5
and 1861.10 of the Civil Code if the amount of the demand does not
exceed five thousand dollars ($5,000).
   (4) To confirm, correct, or vacate a fee arbitration award not
exceeding five thousand dollars ($5,000) between an attorney and
client that is binding or has become binding, or to conduct a hearing
de novo between an attorney and client after nonbinding arbitration
of a fee dispute involving no more than five thousand dollars
($5,000) in controversy, pursuant to Article 13 (commencing with
Section 6200) of Chapter 4 of Division 3 of the Business and
Professions Code.
   (b) In any action seeking relief authorized by subdivision (a),
the court may grant equitable relief in the form of rescission,
restitution, reformation, and specific performance, in lieu of, or in
addition to, money damages.  The court may issue a conditional
judgment.  The court shall retain jurisdiction until full payment and
performance of any judgment or order.
   (c) Notwithstanding subdivision (a), the small claims court shall
have jurisdiction over a defendant guarantor who is required to
respond based upon the default, actions, or omissions of another,
only if the demand does not exceed (1) two thousand five hundred
dollars ($2,500), or (2) on and after January 1, 2000, four thousand
dollars ($4,000), if the defendant guarantor charges a fee for its
guarantor or surety services or the defendant guarantor is the
Registrar of the Contractors' State License Board.
   (d) In any case in which the lack of jurisdiction is due solely to
an excess in the amount of the demand, the excess may be waived, but
any waiver shall not become operative until judgment.
   (e) Notwithstanding subdivision (a), in any action filed by a
plaintiff incarcerated in a Department of Corrections facility or a
Youth Authority facility, the small claims court shall have
jurisdiction over a defendant only if the plaintiff has alleged in
the complaint that he or she has exhausted his or her administrative
remedies against that department, including compliance with Sections
905.2 and 905.4 of the Government Code.  The final administrative
adjudication or determination of the plaintiff's administrative claim
by the department may be attached to the complaint at the time of
filing in lieu of that allegation.
   (f) In any action governed by subdivision (e), if the plaintiff
fails to provide proof of compliance with the requirements of
subdivision (e) at the time of trial, the judicial officer shall, at
his or her discretion, either dismiss the action or continue the
action to give the plaintiff an opportunity to provide such proof.
   (g) For purposes of this section, "department" includes an
employee of a department against whom a claim has been filed under
this chapter arising out of his or her duties as an employee of that
department.

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.

116.230.  (a) A fee of twenty dollars ($20) shall be collected for
the filing of a claim if the number of claims previously filed by the
party in each court within the previous 12 months is 12 or less.
   (b) A fee of sixty dollars ($60) shall be collected for the filing
of any additional claims.
   (c) A fee to cover the actual cost of court service by mail,
adjusted upward to the nearest dollar, shall be charged and collected
for each defendant to whom the court clerk mails a copy of the claim
under Section 116.340.
   (d) The number of claims filed by a party during the previous 12
months shall be determined by a declaration by the party stating the
number of claims so filed and submitted to the clerk with the current
claim.
   (e) Five dollars ($5) of the fee authorized in subdivision (a)
shall be deposited upon collection in the special account in the
county treasury established pursuant to subdivision (b) of Section
68085 of the Government Code, and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
   (f) Thirty dollars ($30) of the fee authorized in subdivision (b)
shall be deposited upon collection in the special account in the
county treasury established pursuant to subdivision (b) of Section
68085 of the Government Code and transmitted therefrom monthly to the
Controller for deposit in the Trial Court Trust Fund.
   (g) This section shall become inoperative on July 1, 2006, and, as
of January 1, 2007, is repealed, unless a later enacted statute that
is enacted before January 1, 2007, deletes or extends the dates on
which it becomes inoperative and is repealed.

116.230.  (a) A fee of twenty dollars ($20) shall be charged and
collected for the filing of a claim if the number of claims
previously filed by the party in each court within the previous 12
months is 12 or less; and a fee of thirty-five dollars ($35) shall be
collected for the filing of any additional claims.
   (b) A fee to cover the actual cost of court service by mail,
adjusted upward to the nearest dollar, shall be charged and collected
for each defendant to whom the court clerk mails a copy of the claim
under Section 116.340.
   (c) The number of claims filed by a party during the previous 12
months shall be determined by a declaration by the party stating the
number of claims so filed and submitted to the clerk with the current
claim.
   (d) Five dollars ($5) of the fees authorized in subdivision (a)
shall be deposited upon collection in the special account in the
county treasury established pursuant to subdivision (b) of Section
68085 of the Government Code, and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
   (e) This section shall become operative July 1, 2006.

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).

116.240.  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.

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.

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.

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