Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.
This chapter shall be known and may be cited as “The Small Claims Act.”
Article 1 - General Provisions
California Code of Civil Procedure — §§ 116.110-116.140
Sections (4)
Amended by Stats. 1998, Ch. 931, Sec. 37. Effective September 28, 1998.
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 fairly, it is essential to provide a judicial forum accessible to all parties directly involved in resolving these disputes.
(c)The small claims divisions have been established to provide a forum to resolve minor civil disputes, and for that reason constitute a fundamental element in the administration of justice and the protection of the rights and property of individuals.
(d)The small claims divisions, the provisions of this chapter, and the rules of the Judicial Council regarding small claims actions shall operate to ensure that the convenience of parties and witnesses who are individuals shall prevail, to the extent possible, over the convenience of any other parties or witnesses.
Amended by Stats. 2003, Ch. 449, Sec. 4. Effective January 1, 2004.
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 claims action. The term includes a plaintiff against whom a defendant has filed a claim.
(c)“Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered.
(d)“Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered.
(e)“Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, or other entity.
(f)“Individual” means a natural person.
(g)“Party” means a plaintiff or defendant.
(h)“Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter.
(i)“Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct.
(j)“Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge.
(k)“Mail” means first-class mail with postage fully prepaid, unless stated otherwise.
Added by Stats. 1991, Ch. 915, Sec. 2.
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 prejudgment attachments.