Hearing - Small Claims Court - Civil Procedure - CA

Section § 116.510

This law says that when you're dealing with a small claims case, the process should be quick, simple, and low-cost, focusing on getting fair results without the usual formalities of a courtroom.

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

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Section § 116.520

This law outlines what happens during a hearing in a small claims case. Both parties can present evidence through witnesses, either at the hearing or another time if the court agrees. If the defendant doesn't show up, the plaintiff must still prove their case with evidence. The court can also reach out to witnesses or investigate the issue informally, with or without letting the parties know.

(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.

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Section § 116.530

In small claims court, lawyers generally can't participate directly in the handling or defense of cases. However, there are exceptions where attorneys can be involved, such as when they're representing themselves, or a business where all partners or officers are attorneys. Additionally, lawyers are allowed to offer advice, testify about what they personally know, handle appeals, and manage judgment enforcement matters related to small claims.

(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.

(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.

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Section § 116.531

This law allows experts, like insurance representatives, to help someone involved in a small claims case, but they can't assist during the actual court hearing unless the law says otherwise. They are also allowed to testify about facts they know directly and are qualified to speak about.

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.

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Section § 116.540

This law lays out who can participate in small claims court cases in California. Generally, only the person suing or being sued can be directly involved. Certain exceptions let businesses, like corporations, show up through regular staff, not hired just for court. Sole proprietors can use an employee to represent them if business records are the key evidence. Service members and incarcerated individuals have special allowances for representation without needing to appear in person. Property owners can use property agents in specific cases, and certain associations can have agents or representatives appear for them. If someone is assisting another in court, they must declare their role and who they're authorized by. A spouse can represent their partner if it serves justice, and in some cases, the court can decide someone needs help to present their case. Attorneys are not allowed, with specific exceptions noted elsewhere. This section ensures clarity on representation in small claims court.

(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 action only through a regular employee, or a duly appointed or elected officer or director, who is employed, appointed, or elected for purposes other than solely representing the corporation in small claims court.

(c) A party who is not a corporation or a natural person may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, or in the case of a partnership, a partner, engaged for purposes other than solely representing the party in small claims court.

(d) If a party is an individual doing business as a sole proprietorship, the party may appear and participate in a small claims action by a representative and without personally appearing if both of the following conditions are met:

(1) The claim can be proved or disputed by evidence of an account that constitutes a business record as defined in Section 1271 of the Evidence Code, and there is no other issue of fact in the case.

(2) The representative is a regular employee of the party for purposes other than solely representing the party in small claims actions and is qualified to testify to the identity and mode of preparation of the business record.

(e) A plaintiff who is a service member is not required to personally appear, and may submit declarations to serve as evidence supporting their claim, appear via video appearance, or allow another individual to appear and participate on their behalf, if the service member is assigned to a location more than 100 miles from the court where the action is proceeding, or is otherwise unable to personally appear due to the performance of military duty, the representative is serving without compensation, other than compensation from the United States or the State of California, and, except as to representatives who are employed by the United States or the State of California, the representative has appeared in small claims actions on behalf of others no more than four times during the calendar year. The defendant may file a claim in the same action in an amount not to exceed the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231.

(f) A party incarcerated in a county jail, a Department of Corrections and Rehabilitation facility, or a Division of Juvenile Facilities facility is not required to personally appear, and may submit declarations to serve as evidence supporting their claim, or may authorize another individual to appear and participate on their behalf if that individual is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year.

(g) A defendant who is a nonresident owner of real property may defend against a claim relating to that property without personally appearing by (1) submitting written declarations to serve as evidence supporting their defense, (2) allowing another individual to appear and participate on their behalf if that individual is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year, or (3) taking the action described in both (1) and (2).

(h) A party who is an owner of rental real property may appear and participate in a small claims action through a property agent under contract with the owner to manage the rental of that property, if (1) the owner has retained the property agent principally to manage the rental of that property and not principally to represent the owner in small claims court, and (2) the claim relates to the rental property.

(i) A party that is an association created to manage a common interest development, as defined in Section 4100 or in Sections 6528 and 6534 of the Civil Code, may appear and participate in a small claims action through an agent, a management company representative, or bookkeeper who appears on behalf of that association.

(j) At the hearing of a small claims action, the court shall require any individual who is appearing as a representative of a party under subdivisions (b) to (i), inclusive, to file a declaration stating (1) that the individual is authorized to appear for the party, and (2) the basis for that authorization. If the representative is appearing under subdivision (b), (c), (d), (h), or (i), the declaration also shall state that the individual is not employed solely to represent the party in small claims court. If the representative is appearing under subdivision (e), (f), or (g), the declaration also shall state that the representative is serving without compensation, and has appeared in small claims actions on behalf of others no more than four times during the calendar year.

(k) A spouse who sues or who is sued with their spouse may appear and participate on behalf of their spouse if (1) the claim is a joint claim, (2) the represented spouse has given their consent, and (3) the court determines that the interests of justice would be served.

(l) If the court determines that a party cannot properly present their claim or defense and needs assistance, the court may in its discretion allow another individual to assist that party.

(m) 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.

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Section § 116.541

This law allows the Department of Corrections or the Department of the Youth Authority to take part in small claims court cases through a regular employee who generally does other work for the department. These departments can submit documents instead of showing up in person when they are defendants. Any employee representing the department must officially declare they’re authorized to be there and aren’t just there for court representation. This law does not let attorneys participate in small claims actions beyond specific rules mentioned elsewhere. The rule also applies to claims against department employees related to their job duties.

(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.

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Section § 116.560

If you file a claim in small claims court against a business using a fake or made-up name, the court must find out the real legal name of the business when the case is heard. If the name on the claim doesn’t match the actual business names, the court will update it. You can also ask the court to change the name on the claim or judgment to the business’s real name both before or after the judgment, if there's a good reason. This law also defines what a fake business name is, referring to another section for details.

(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.

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Section § 116.570

If you need to delay a court hearing, you can ask for a postponement for a good reason. You're supposed to submit this request at least 10 days before the hearing, via a letter or official form. You'll need to send a copy of this request to the other involved parties. The court will let you know if they agree to the delay. In some cases, like a defendant guarantor requesting it, the court will automatically delay it at least 30 days without a hearing. If something like a notification to the defendant isn't completed in time, the hearing must be postponed at least 15 days. There's a $10 fee to file for a date change after proper notification has been done.

(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.

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