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Code Civ. Proc. §116.530. Prosecution or Defense by Attorneys

California Code of Civil Procedure  >   Code Civ. Proc. §116.530. Prosecution or Defense by Attorneys
(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.
 (c) Nothing in this section shall prevent an attorney from doing any of the following:
  (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. [2003]

Code Civ. Proc. §116.531. Assistance and Testimony of Experts

California Code of Civil Procedure  >   Code Civ. Proc. §116.531. Assistance and Testimony of Experts
 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. [1990]

Code Civ. Proc. §116.540. Participation by Individuals Other than Plaintiff and Defendant; Corporations

California Code of Civil Procedure  >   Code Civ. Proc. §116.540. Participation by Individuals Other than Plaintiff and Defendant; Corporations

*New statutes and amendments effective January 1, 2023 are shown in bold, underline italics. [ ] indicates an amendment of deleted text only.

(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 (j), 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 (j), 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. [2022]

Code Civ. Proc. §116.560. Fictitious Business Names; Amending to State Correct Legal Name

California Code of Civil Procedure  >   Code Civ. Proc. §116.560. Fictitious Business Names; Amending to State Correct Legal Name
 (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. [1993]

Code Civ. Proc. §116.430. Fictitious Business Names

California Code of Civil Procedure  >   Code Civ. Proc. §116.430. Fictitious Business Names
 (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) 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) 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. [1991]

Code Civ. Proc. §116.420. Assignee Filing Claim

California Code of Civil Procedure  >   Code Civ. Proc. §116.420. Assignee Filing Claim
 (a) No claim shall be filed or maintained in small claims court by the assignee of the claim.
 (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) 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. [1994]

Code Civ. Proc. §116.410. Standing; Minors and Incompetent Persons

California Code of Civil Procedure  >   Code Civ. Proc. §116.410. Standing; Minors and Incompetent Persons
 (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) 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. [2004]

Code Civ. Proc. §116.370. Venue

California Code of Civil Procedure  >   Code Civ. Proc. §116.370. Venue
 (a) Venue in small claims actions shall be the same as in other civil actions.
 (b) A defendant may challenge venue by writing to the court and mailing a copy of the challenge to each of the other parties to the action, without personally appearing at the hearing.
 (c) In all cases, including those in which the defendant does not either challenge venue or appear at the hearing, the court shall inquire into the facts sufficiently to determine whether venue is proper, and shall make its determination accordingly.
  (1) If the court determines that the action was not commenced in the proper venue, the court, on its own motion, shall dismiss the action without prejudice unless all defendants are present and agree that the action may be heard.
  (2) If the court determines that the action was commenced in the proper venue, the court may hear the case if all parties are present. If the defendant challenged venue and all parties are not present, the court shall postpone the hearing for at least 15 days and shall notify all parties by mail of the court’s decision and the new hearing date, time, and place. [2006]

Code Civ. Proc. §116.390. Transfer of Claim Exceeding Small Claims Jurisdictional Limits

California Code of Civil Procedure  >   Code Civ. Proc. §116.390. Transfer of Claim Exceeding Small Claims Jurisdictional Limits
 (a) If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231, and the claim relates to the contract, transaction, matter, or event which is the subject of the plaintiff’s claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction and request the small claims court to transfer the small claims action to that court.
 (b) The defendant may make the request by filing with the small claims court in which the plaintiff commenced the action, at or before the time set for the hearing of that action, a declaration stating the facts concerning the defendant’s action against the plaintiff with a true copy of the complaint so filed by the defendant against the plaintiff. The defendant shall cause a copy of the declaration and complaint to be personally delivered to the plaintiff at or before the time set for the hearing of the small claims action.
 (c) In ruling on a motion to transfer, the small claims court may do any of the following: (1) render judgment on the small claims case prior to the transfer; (2) not render judgment and transfer the small claims case; (3) refuse to transfer the small claims case on the grounds that the ends of justice would not be served. If the small claims action is transferred prior to judgment, both actions shall be tried together in the transferee court.
 (d) When the small claims court orders the action transferred, it shall transmit all files and papers to the transferee court.
 (e) The plaintiff in the small claims action shall not be required to pay to the clerk of the transferee court any transmittal, appearance, or filing fee unless the plaintiff appears in the transferee court, in which event the plaintiff shall be required to pay the filing fee and any other fee required of a defendant in the transferee court. However, if the transferee court rules against the plaintiff in the action filed in that court, the court may award to the defendant in that action the costs incurred as a consequence of the transfer, including attorney’s fees and filing fees. [2006]