Section § 116.410

Explanation

Anyone who is 18 or older, or legally recognized as an adult, and mentally fit can be involved in a small claims case. If a person is underage or not mentally competent, they need someone appointed by the court, known as a guardian ad litem, to represent them in the case.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 116.410(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.

Section § 116.420

Explanation

This law states that you can't take a claim to small claims court if you were assigned the claim by someone else. However, there are exceptions: a bankruptcy trustee can deal with claims as part of their job, and holders of specific financial agreements (like security agreements) can file claims if they are not doing so just to collect debts for others. Also, local governments that handle their own workers' compensation can file claims for reimbursement.

(a)CA Civil Procedure Code § 116.420(a) No claim shall be filed or maintained in small claims court by the assignee of the claim.
(b)CA Civil Procedure Code § 116.420(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) by the holder of a security agreement, retail installment contract, or lien contract subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the Automobile Sales Finance Act (Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code), purchased by the holder for the holder’s portfolio of investments, provided that the holder is not an assignee for the purpose of collection.
(c)CA Civil Procedure Code § 116.420(c) This section does not prevent the filing in small claims court by a local government which is self-insured for purposes of workers’ compensation and is seeking subrogation pursuant to Section 3852 of the Labor Code.

Section § 116.430

Explanation

If you run a business under a made-up name and want to file a claim related to that business in small claims court, you need to prove you've followed rules about registering and advertising that name. If you haven't sorted out those requirements, your case will be thrown out, but you can refile it once you have. The meanings of terms like 'fictitious business name' are set out in other specific laws.

(a)CA Civil Procedure Code § 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, filing, and publishing a fictitious business name statement as required.
(b)CA Civil Procedure Code § 116.430(b) A small claims action filed by a person who has not complied with the applicable fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required shall be dismissed without prejudice.
(c)CA Civil Procedure Code § 116.430(c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code, and “fictitious business name statement” means the statement described in Section 17913 of the Business and Professions Code.