In each superior court there shall be a small claims division. The small claims division may be known as the small claims court.
Small Claims CourtSmall Claims Court
Section § 116.210
Every superior court has a special section dedicated to handling small claims, which can be referred to as the small claims court.
small claims division superior court small claims court
Section § 116.220
This law section outlines when small claims court in California can take on certain cases. Generally, they handle money disputes or claims where the amount is $6,250 or less, including issues like unpaid personal property taxes and some attorney-client fee disputes. They can also decide on specific actions like issuing possession writs or confirming arbitration awards that meet the same dollar limits. The court can give other kinds of remedies, like ordering someone to do or undo something instead of just paying money. There are different rules depending on whether you're suing a guarantor or an entity like the Registrar of the Contractors State License Board, with varying limits. The court also has special requirements for cases filed by prisoners, like needing proof they've tried all administrative solutions first. If this proof isn't ready by trial, the case might get delayed or dismissed. The statute allows waiving excess claims to meet jurisdiction limits, and it includes employees of any department involved in claims.
(a)CA Civil Procedure Code § 116.220(a) The small claims court has jurisdiction in the following actions:
(1)CA Civil Procedure Code § 116.220(a)(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)CA Civil Procedure Code § 116.220(a)(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
six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.
(3)CA Civil Procedure Code § 116.220(a)(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 six thousand two hundred fifty dollars ($6,250).
(4)CA Civil Procedure Code § 116.220(a)(4) To confirm, correct, or vacate a fee arbitration award not exceeding
six thousand two hundred fifty dollars ($6,250) 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 six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.
(5)CA Civil Procedure Code § 116.220(a)(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.
(b)CA Civil Procedure Code § 116.220(b) In any action seeking relief authorized by
paragraphs (1) to (4), inclusive, of 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)CA Civil Procedure Code § 116.220(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:
(1)CA Civil Procedure Code § 116.220(c)(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall
apply.
(2)CA Civil Procedure Code § 116.220(c)(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).
(3)CA Civil Procedure Code § 116.220(c)(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed
eight thousand one hundred twenty-five dollars ($8,125).
(4)CA Civil Procedure Code § 116.220(c)(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).
(d)CA Civil Procedure Code § 116.220(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 is not operative until judgment.
(e)CA Civil Procedure Code § 116.220(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiff’s 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)CA Civil Procedure Code § 116.220(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 the plaintiff’s discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.
(g)CA Civil Procedure Code § 116.220(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 an employee’s duties as an employee of that department.
small claims court money disputes six thousand two hundred fifty dollars
Section § 116.221
This law explains that small claims courts in California can handle cases brought by individuals if the amount involved is no more than $12,500. There are some exceptions, which are detailed in other related sections mentioned.
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 subdivision (c) of Section 116.220 or subdivision (a) of Section 116.231.
small claims court jurisdiction natural person
Section § 116.222
This law says that if you're trying to make someone pay a debt through a legal action, you must provide a detailed breakdown. This breakdown should include the original amount owed, every payment made, additional fees or charges added, and any payments towards those fees. You also need to list other transactions on the account and explain what each fee or charge is for, including where they came from and their amounts.
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 or charges to the account, and an explanation of the nature of those fees, charges, debits, and all other credits to the debt, by source and amount.
debt enforcement detailed breakdown original debt
Section § 116.223
This law addresses the handling of unpaid residential rent disputes arising between March 1, 2020, and September 30, 2021, due to the COVID-19 pandemic. It allows these cases to be resolved in small claims court without the usual dollar limits. Tenants and landlords can use this court for quicker, cheaper, and fairer dispute resolution. If a tenant or third party has made any payments towards the rent debt, those will be deducted from the total amount owed. Cases can't begin before November 1, 2021. The special provisions of this law will remain in place until October 1, 2025.
(a)CA Civil Procedure Code § 116.223(a) The Legislature hereby finds and declares as follows:
(1)CA Civil Procedure Code § 116.223(a)(1) There is anticipated to be an unprecedented number of claims arising out of nonpayment of residential rent that occurred between March 1, 2020, and September 30, 2021, related to the COVID-19 pandemic.
(2)CA Civil Procedure Code § 116.223(a)(2) These disputes are of special importance to the parties and of significant social and economic consequence collectively as the people of the State of California grapple with the health, economic, and social impacts of the COVID-19
pandemic.
(3)CA Civil Procedure Code § 116.223(a)(3) It is essential that the parties have access to a judicial forum to resolve these disputes expeditiously, inexpensively, and fairly.
(4)CA Civil Procedure Code § 116.223(a)(4) It is the intent of the Legislature that landlords of residential real property and their tenants have the option to litigate disputes regarding rent which is unpaid for the time period between March 1, 2020, and September 30, 2021, in the small claims court. It is the intent of the Legislature that the jurisdictional limits of the small claims court not apply to these disputes over COVID-19 rental debt.
(b)Copy CA Civil Procedure Code § 116.223(b)
(1)Copy CA Civil Procedure Code § 116.223(b)(1) Notwithstanding paragraph (1) of
subdivision (a) Section 116.220, Section 116.221, or any other law, the small claims court has jurisdiction in any action for recovery of COVID-19 rental debt, as defined in Section 1179.02, and any defenses thereto, regardless of the amount demanded.
(2)CA Civil Procedure Code § 116.223(b)(2) In an action described in paragraph (1), the court shall reduce the damages awarded for any amount of COVID-19 rental debt sought by payments made to the landlord to satisfy the COVID-19 rental debt, including payments by the tenant, rental assistance programs, or another third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.
(3)CA Civil Procedure Code § 116.223(b)(3) An action to recover COVID-19 rental debt, as defined in Section 1179.02, brought pursuant to this subdivision shall not be commenced before
November 1, 2021.
(c)CA Civil Procedure Code § 116.223(c) Any claim for recovery of COVID-19 rental debt, as defined in Section 1179.02, shall not be subject to Section 116.231, notwithstanding the fact that a landlord of residential rental property may have brought two or more small claims actions in which the amount demanded exceeded two thousand five hundred dollars ($2,500) in any calendar year.
(d)CA Civil Procedure Code § 116.223(d) This section shall remain in effect until October 1, 2025, and as of that date is repealed.
COVID-19 rental debt unpaid residential rent small claims court
Section § 116.225
This law says that if you make a deal after January 1, 2003, where any disputes about personal goods or services must be handled outside of California, and it could otherwise be handled by a California small claims court, that part of the deal is not valid and cannot be enforced.
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.
forum selection clause small claims court public policy
Section § 116.230
This law outlines the fee structure for filing small claims in California. It specifies different fees depending on the amount of money being claimed and how many times the person has filed small claims before. If you haven't filed many claims, you'll pay anywhere from $30 to $75 based on your claim's size. If you've filed more than 12 claims in the past year, the fee goes up to $100. The law also details fees for amending a claim if you change the amount you're asking for. Fees are distributed to fund small claims advisory services and other court-related funds. You need to declare how many claims you've filed in the past year when submitting a new one, and the money collected is managed by the Administrative Office of the Courts and used as described in the statute.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 116.230(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)CA Civil Procedure Code § 116.230(b)(1) Thirty dollars ($30) if the amount of the
demand is one thousand five hundred dollars ($1,500) or less.
(2)CA Civil Procedure Code § 116.230(b)(2) Fifty dollars ($50) if the amount of the demand is more than one thousand five hundred dollars ($1,500) but less than or equal to five thousand dollars ($5,000).
(3)CA Civil Procedure Code § 116.230(b)(3) Seventy-five dollars ($75) if the amount of the demand is more than five thousand dollars ($5,000).
(c)CA Civil Procedure Code § 116.230(c) If the party has filed more than 12 other small claims in the state within the previous 12 months, the filing fee is one hundred dollars ($100).
(d)Copy CA Civil Procedure Code § 116.230(d)
(1)Copy CA Civil Procedure Code § 116.230(d)(1) If, after having filed a claim and paid the required fee under paragraph (1) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (2) of subdivision (b)
would be charged, the filing fee for the amended claim or amendment is twenty dollars ($20).
(2)CA Civil Procedure Code § 116.230(d)(2) If, after having filed a claim and paid the required fee under paragraph (2) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (3) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is twenty-five dollars ($25).
(3)CA Civil Procedure Code § 116.230(d)(3) If, after having filed a claim and paid the required fee under paragraph (1) of subdivision (b), a party files an amended claim or amendment to a claim that raises the amount of the demand so that the filing fee under paragraph (3) of subdivision (b) would be charged, the filing fee for the amended claim or amendment is forty-five dollars ($45).
(4)CA Civil Procedure Code § 116.230(d)(4) The additional fees paid
under this subdivision are due upon filing. The court shall not reimburse a party if the party’s claim is amended to demand a lower amount that falls within the range for a filing fee lower than that originally paid.
(e)CA Civil Procedure Code § 116.230(e) Each party filing a claim shall file a declaration with the claim stating whether that party has filed more than 12 other small claims in the state within the last 12 months.
(f)CA Civil Procedure Code § 116.230(f) The clerk of the court shall deposit fees collected under this section into a bank account established for this purpose by the Administrative Office of the Courts and maintained under rules adopted by or trial court financial policies and procedures authorized by the Judicial Council under subdivision (a) of Section 77206 of the Government Code. The deposits shall be made as required under Section 68085.1 of the Government Code and trial court financial policies and procedures authorized
by the Judicial Council.
(g)Copy CA Civil Procedure Code § 116.230(g)
(1)Copy CA Civil Procedure Code § 116.230(g)(1) The Administrative Office of the Courts shall distribute six dollars ($6) of each thirty-dollar ($30) fee, eight dollars ($8) of each fifty-dollar ($50) fee, ten dollars ($10) of each seventy-five-dollar ($75) fee, and fourteen dollars ($14) of each one hundred-dollar ($100) fee collected under subdivision (b) or (c) to a special account in the county in which the court is located to be used for the small claims advisory services described in Section 116.940, or, if the small claims advisory services are administered by the court, to the court. The Administrative Office of the Courts shall also distribute two dollars ($2) of each seventy-five-dollar ($75) fee collected under subdivision (b) to the law library fund in the county in which the court is located.
(2)CA Civil Procedure Code § 116.230(g)(2) From the fees collected under subdivision (d), the Administrative
Office of the Courts shall distribute two dollars ($2) to the law library fund in the county in which the court is located, and three dollars ($3) to the small claims advisory services described in Section 116.940, or, if the small claims advisory services are administered by the court, to the court.
(3)CA Civil Procedure Code § 116.230(g)(3) Records of these moneys shall be available from the Administrative Office of the Courts for inspection by the public on request.
(4)CA Civil Procedure Code § 116.230(g)(4) Nothing in this section precludes the court or county from contracting with a third party to provide small claims advisory services as described in Section 116.940.
(h)CA Civil Procedure Code § 116.230(h) The remainder of the fees collected under subdivisions (b), (c), and (d) shall be transmitted monthly to the Controller for deposit in the Trial Court Trust Fund.
(i)CA Civil Procedure Code § 116.230(i) All money distributed under this section to be used for small claims advisory services shall be used only for providing those services as described in Section 116.940. Nothing in this section shall preclude the county or the court from procuring other funding to comply with the requirements of Section 116.940.
small claims fees filing fee amounts amended claims fees
Section § 116.231
This section of the law limits how many times a person can file small claims in California for amounts over $2,500 to just two times per year. However, public entities like cities or school districts can file more claims for up to $5,000. Individuals must declare under oath if they're filing more than two claims over $2,500 in a year. If a public entity is involved, and the defendant has a lawyer, the case moves out of small claims court. These rules aren't meant to restrict public entities from filing claims for amounts up to $5,000.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 116.231(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)CA Civil Procedure Code § 116.231(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)CA Civil Procedure Code § 116.231(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).
small claims limit two claims per year amount demanded
Section § 116.232
When the court clerk mails a copy of a claim to a defendant, the person who filed the lawsuit, known as the plaintiff, has to pay a $15 fee for each defendant. This fee goes directly to the court handling the case.
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.
mailing fee plaintiff charge defendant notification
Section § 116.240
This law allows a temporary judge, who is a licensed attorney, to hear a small claims case if all parties agree. Before acting as a temporary judge, they must take an educational course every three years. This course covers ethics and various laws, including consumer protection, landlord-tenant issues, debt collection, and contract law. The aim is to ensure they are knowledgeable about the relevant legal issues they may encounter in small claims court.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 116.240(b) Prior to serving as a temporary judge in small claims court, on and after July 1, 2006, and at least every three years thereafter, each temporary judge shall take the course of study offered by the courts on ethics and substantive
law under rules adopted by the Judicial Council. The course shall include, but not be limited to, state and federal consumer laws, landlord-tenant law along with any applicable county specific rent deposit law, the state and federal Fair Debt Collection Practices Acts, the federal Truth in Lending Act, the federal Fair Credit Billing Act, the federal Electronic Fund Transfer Act, tort law, and contract law, including defenses to contracts and defenses to debts. On substantive law, the courts may receive assistance from the Department of Consumer Affairs, to the extent that the department is fiscally able to provide that assistance.
temporary judge small claims court ethics course
Section § 116.250
This law allows small claims court sessions to be scheduled on any day, including Saturdays, except on judicial holidays. Superior courts with seven or more judges must hold at least one session at night or on a Saturday each month to hear small claims cases, excluding appeals. These sessions can involve proceedings led by a member of the State Bar, such as a mediator.
(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 116.250(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.
small claims court night session Saturday session
Section § 116.260
This law requires that each county in the state provides free assistance to people involved in small claims cases or those considering filing them. This help is offered as outlined in another section and according to rules set by the Judicial Council.
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.
small claims assistance free legal help Judicial Council rules
