Title CCP — California Code Civ. Proc.

(a) If a mining rights lease, including a community lease, exists for the production of oil, gas, or other hydrocarbons, and a right of entry or occupation provided by the lease encumbers all or part of the surface or surface zone of the leasehold lands, any person who owns a fee…

The court may render a judgment terminating the lessee’s right of entry or occupation of the surface and surface zone, subject to such conditions as the court deems fair and equitable, if the evidence shows each of the following: (a) The document that created the leasehold intere…

(a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface and surface zone easements that the lessee may continue to enjoy within the subject land. (b) A judgment may be conditioned upon the r…

It is against public policy for any oil or gas lease, at its inception, to provide for the waiver of any rights created by this article, or for such rights to be waived by amendment to any oil or gas lease within 20 years of the date of its execution by a plaintiff or the plainti…

Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.

Notwithstanding any law, including, but not limited to, a law that classified an action or special proceeding as a limited civil case, an action or special proceeding shall be treated as a limited civil case only if all of the following conditions are satisfied: (a) The amount in…

(a) The following civil cases and proceedings are limited civil cases: (1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that invol…

An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars …

(a) A limited civil case may be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. Where a statute or rule applicable to a small claims case conflicts with a statute or rule applicable to a li…

A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case.

(a) The existence of a statute relating to the authority of the court in a limited civil case does not, by itself, imply that the same authority does or does not exist in an unlimited civil case. (b) The existence of a statute relating to the authority of the court in an unlimite…

Except where changed by the provisions of this article, all provisions of law applicable to civil actions generally apply to actions subject to this article.

(a) Except as otherwise provided in this section, the provisions of this article apply to every limited civil case. (b) The provisions of this article do not apply to any action under Chapter 5.5 (commencing with Section 116.110) or any proceeding under Chapter 4 (commencing with…

(a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers. (b) The answer need not be verified, even if the complaint or cross-complaint is verified. (c) Special demurrers are not allowed. (d) Motions to strike are allo…

(a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case quest…

Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the particular method of discovery, as provided in Title 4 (commencing with Section 2016.010) of Part 4. As to each adverse pa…

(a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discover…

(a) Any party may serve on any other party a request in substantially the following form: TO: , attorney for : You are requested to serve on the undersigned, within 20 days, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend …

(a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding statement may call a witness or introduce evidence, except for purposes of impeachment, against the objecting party unless…

A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testim…

A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate as collateral estoppel of a party or a successor in interest to a party in other litigation with a person who was not a p…

This chapter shall be known and may be cited as “The Small Claims Act.”

The Legislature hereby finds and declares as follows: (a) Individual minor civil disputes are of special importance to the parties and of significant social and economic consequence collectively. (b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairl…

In this chapter, unless the context indicates otherwise: (a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff. (b) “Defendant” means the party against whom the plaintiff has filed a small clai…

The following do not apply in small claims actions: (a) Subdivision (a) of Section 1013 and subdivision (b) of Section 1005, on the extension of the time for taking action when notice is given by mail. (b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of …

In each superior court there shall be a small claims division. The small claims division may be known as the small claims court.

(a) The small claims court has 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 six thousand two hundred fifty dollars ($6,250). (2) Except as provided in subdivisio…

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 subdivisio…

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 …

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 otherw…

(a) In a small claims case, the clerk of the court shall charge and collect only those fees authorized under this chapter. (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) Thirty do…

(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 d…

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.

(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) Prior to serving as a temporary judg…

(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 Satu…

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.

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

(a) No formal pleading, other than the claim described in Section 116.320 or 116.360, is necessary to initiate a small claims action. (b) The pretrial discovery procedures described in Section 2019.010 are not permitted in small claims actions.

(a) A plaintiff may commence an action in the small claims court by filing a claim under oath with the clerk of the small claims court in person, by mail, by facsimile transmission if authorized pursuant to Section 1010.5, or by electronic means as authorized by Section 1010.6. (…

(a) When a claim is filed, the clerk shall schedule the case for hearing and shall issue an order directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense. The case shall be scheduled for hearing no earlier than …

(a) Service of the claim and order on the defendant may be made by any one of the following methods: (1) The clerk may cause a copy of the claim and order to be mailed to the defendant by any form of mail providing for a return receipt. (2) The plaintiff may cause a copy of the c…

(a) The defendant may file a claim against the plaintiff in the same action in an amount not to exceed the jurisdictional limits stated in Sections 116.220, 116.221, and 116.231. The claim need not relate to the same subject or event as the plaintiff’s claim. (b) The defendant’s …

(a) Venue and court location requirements in small claims actions shall be the same as in other civil actions. The court may prescribe by local rule the proper court locations for small claims actions. (b) A defendant may challenge venue or court location by writing to the court …

(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 commen…

(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.

(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) b…

(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, filin…

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

(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 c…

(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 …