TITLE 1. ORGANIZATION AND JURISDICTION [35. - 155.]
Title 1 repealed and added by Code Amendments 1880, Ch. 35.
§§ 35–155 · 110 sections
CHAPTER 1. Courts of Justice in General §§ 35–38 · 5 sections
- § 35 (a) Proceedings in cases involving the registration or denial of registration of voters, the certification or denial of certification of candidates, the…
- § 36 (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the…
- § 36.5 An affidavit submitted in support of a motion for preference under subdivision (a) of Section 36 may be signed by the attorney for the party seeking preference…
- § 37 (a) A civil action shall be entitled to preference, if the action is one in which the plaintiff is seeking damages which were alleged to have been caused by…
- § 38 Unless the provision or context otherwise requires, a reference in a statute to a judicial district means: (a) As it relates to a court of appeal, the court of…
CHAPTER 3. Supreme Court §§ 41–46 · 6 sections
- § 41 The Supreme Court and the courts of appeal may transact business at any time.
- § 42 Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Supreme Court or the courts of…
- § 43 The Supreme Court, and the courts of appeal, may affirm, reverse, or modify any judgment or order appealed from, and may direct the proper judgment or order to…
- § 44 Appeals in probate proceedings, in contested election cases, and in actions for libel or slander by a person who holds any elective public office or a…
- § 45 An appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody and control, or denying a recommendation to free…
- § 46 Appeals in actions brought under Section 1094.9 shall be given preference in scheduling for hearing in the courts of appeal, and in the Supreme Court.
CHAPTER 4. Superior Courts §§ 71–77 · 7 sections
- § 71 The process of superior courts shall extend throughout the state.
- § 73c Notwithstanding anything to the contrary contained in any other law of this state, the judges of the superior court of the county in which is located the…
- § 73d Whenever, under Section 73c, it becomes necessary for a judge, clerk, deputy clerk, court reporter or bailiff of or sitting in the superior court of the county…
- § 73e Notwithstanding any other provisions of law, in each county wherein the juvenile hall is not located at the county seat of the county, a majority of the judges…
- § 74 Adjournments from day to day, or from time to time, are to be construed as recesses in the sessions, and shall not prevent the Court from sitting at any time.
- § 75 The superior court in any county may by rule provide that, whenever all judges are absent from the county, any noncontested matter in which no evidence is…
- § 77 (a) In every county there is an appellate division of the superior court consisting of three judges or, when the Chief Justice finds it necessary, four judges.…
CHAPTER 5.1. Limited Civil Cases §§ 85–100 · 17 sections
ARTICLE 1. Jurisdiction in Limited Civil Cases §§ 85–89 · 6 sections
- § 85 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…
- § 86 (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…
- § 86.1 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…
- § 87 (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…
- § 88 A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case.
- § 89 (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…
ARTICLE 2. Economic Litigation for Limited Civil Cases §§ 90–100 · 11 sections
- § 90 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.
- § 91 (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…
- § 92 (a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers. (b) The answer need not be verified,…
- § 93 (a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall…
- § 94 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…
- § 95 (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…
- § 96 (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,…
- § 97 (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…
- § 98 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…
- § 99 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…
- § 100 Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.
CHAPTER 5.5. Small Claims Court §§ 116.110–116.950 · 62 sections
ARTICLE 1. General Provisions §§ 116.110–116.140 · 4 sections
- § 116.110 This chapter shall be known and may be cited as “The Small Claims Act.”
- § 116.120 The Legislature hereby finds and declares as follows: (a) Individual minor civil disputes are of special importance to the parties and of significant social…
- § 116.130 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…
- § 116.140 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…
ARTICLE 2. Small Claims Court §§ 116.210–116.270 · 12 sections
- § 116.210 In each superior court there shall be a small claims division. The small claims division may be known as the small claims court.
- § 116.220 (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…
- § 116.221 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…
- § 116.222 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…
- § 116.225 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…
- § 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) If the party filing a claim has…
- § 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…
- § 116.232 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…
- § 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,…
- § 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) Each small…
- § 116.260 In each county, individual assistance shall be made available to advise small claims litigants and potential litigants without charge as provided in Section…
- § 116.270 Any small claims division may use law clerks to assist the judge with legal research of small claims cases.
ARTICLE 3. Actions §§ 116.310–116.390 · 7 sections
- § 116.310 (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…
- § 116.320 (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…
- § 116.330 (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…
- § 116.340 (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…
- § 116.360 (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,…
- § 116.370 (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…
- § 116.390 (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…
ARTICLE 4. Parties §§ 116.410–116.430 · 3 sections
- § 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) A minor or…
- § 116.420 (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…
- § 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…
ARTICLE 5. Hearing §§ 116.510–116.570 · 8 sections
- § 116.510 The hearing and disposition of the small claims action shall be informal, the object being to dispense justice promptly, fairly, and inexpensively.
- § 116.520 (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…
- § 116.530 (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…
- § 116.531 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…
- § 116.540 (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…
- § 116.541 (a) Notwithstanding Section 116.540 or any other provision of law, the Department of Corrections or the Department of the Youth Authority may appear and…
- § 116.560 (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…
- § 116.570 (a) Any party may submit a written request to postpone a hearing date for good cause. (1) The written request may be made either by letter or on a form adopted…
ARTICLE 6. Judgment §§ 116.610–116.630 · 3 sections
- § 116.610 (a) The small claims court shall give judgment for damages, or equitable relief, or both damages and equitable relief, within the jurisdictional limits stated…
- § 116.620 (a) The judgment debtor shall pay the amount of the judgment either immediately or at the time and upon the terms and conditions, including payment by…
- § 116.630 The court may, at any time after judgment, for good cause, upon motion by a party and notice by the clerk to all affected parties at their last known address,…
ARTICLE 7. Motion to Vacate, Appeal, and Related Matters §§ 116.710–116.798 · 13 sections
- § 116.710 (a) The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s claim, but a plaintiff who did not appear at the…
- § 116.720 (a) A plaintiff who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court.…
- § 116.725 (a) A motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the…
- § 116.730 (a) A defendant who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court.…
- § 116.740 (a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the…
- § 116.745 The clerk shall collect a fee of twenty dollars ($20) for the filing of a motion to vacate.
- § 116.750 (a) An appeal from a judgment in a small claims action is taken by filing a notice of appeal with the clerk of the small claims court. (b) A notice of appeal…
- § 116.760 (a) The appealing party shall pay a fee of seventy-five dollars ($75) for filing a notice of appeal. (b) A party who does not appeal shall not be charged any…
- § 116.770 (a) The appeal to the superior court shall consist of a new hearing before a judicial officer other than the judicial officer who heard the action in the small…
- § 116.780 (a) The judgment of the superior court after a hearing on appeal is final and not appealable. (b) Article 6 (commencing with Section 116.610) on judgments of…
- § 116.790 If the superior court finds that the appeal was without substantial merit and not based on good faith, but was intended to harass or delay the other party, or…
- § 116.795 (a) The superior court may dismiss the appeal if the appealing party does not appear at the hearing or if the appeal is not heard within one year from the date…
- § 116.798 (a) (1) A petition that seeks a writ of review, a writ of mandate, or a writ of prohibition relating to an act of the small claims division, other than a…
ARTICLE 8. Satisfaction and Enforcement of Judgment §§ 116.810–116.880 · 8 sections
- § 116.810 (a) Enforcement of the judgment of a small claims court, including the issuance or recording of any abstract of the judgment, is automatically suspended,…
- § 116.820 (a) The judgment of a small claims court, or the judgment of the superior court after a hearing on appeal, may be enforced by the small claims court as…
- § 116.830 (a) At the time judgment is rendered, or notice of entry of the judgment is mailed to the parties, the clerk shall deliver or mail to the judgment debtor a…
- § 116.840 (a) At the option of the judgment debtor, payment of the judgment may be made either (1) to the judgment creditor in accordance with Section 116.850, or (2) to…
- § 116.850 (a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor’s assignee of record, then immediately upon receipt of…
- § 116.860 (a) A judgment debtor who desires to make payment to the court in which the judgment was entered may file a request to make payment, which shall be made on a…
- § 116.870 (a) Sections 16250 to 16381, inclusive, of the Vehicle Code, regarding the suspension of the judgment debtor’s privilege to operate a motor vehicle for failing…
- § 116.880 (a) If the judgment (1) was for one thousand dollars ($1,000) or less, (2) resulted from a motor vehicle accident occurring on a California highway caused by…
ARTICLE 9. Administration §§ 116.920–116.950 · 4 sections
- § 116.920 (a) The Judicial Council shall provide by rule for the practice and procedure and for the forms and their use in small claims actions. The rules and forms so…
- § 116.930 (a) Each small claims division shall provide in each courtroom in which small claims actions are heard a current copy of a publication describing small claims…
- § 116.940 (a) Except as otherwise provided in this section or in rules adopted by the Judicial Council, which are consistent with the requirements of this section, the…
- § 116.950 (a) This section shall become operative only if the Department of Consumer Affairs determines that sufficient private or public funds are available in addition…
CHAPTER 6. General Provisions Respecting Courts of Justice §§ 124–153 · 12 sections
ARTICLE 1. Open Court Access § 124 · 1 section
- § 124 (a) Except as provided in Section 214 of the Family Code or any other law, the sittings of every court shall be public. (b) (1) The court shall not exclude the…
ARTICLE 2. Incidental Powers and Duties of Courts §§ 128–130 · 5 sections
- § 128 (a) Every court shall have the power to do all of the following: (1) To preserve and enforce order in its immediate presence. (2) To enforce order in the…
- § 128.5 (a) A trial court may order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a…
- § 128.7 (a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney’s individual…
- § 129 (a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video…
- § 130 (a) Subject to the provisions of this section, when a child who is under 18 years of age is killed as a result of a criminal act and a person has been…
ARTICLE 3. Judicial Holidays §§ 133–136 · 4 sections
- § 133 Courts of justice may be held and judicial business transacted on any day, except as provided in this article.
- § 134 (a) Except as provided in subdivision (c), the courts shall be closed for the transaction of judicial business on judicial holidays for all but the following…
- § 135 Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving…
- § 136 If a day appointed for the holding or sitting of a court, or to which it is adjourned, falls on a judicial holiday, it shall be deemed appointed for or…
ARTICLE 4. Proceedings in Case of Absence of Judge § 139 · 1 section
- § 139 If no judge attends on the day appointed for the holding or sitting of a court, or on the day to which it may have been adjourned, within one hour after the…
ARTICLE 6. Seals of Courts § 153 · 1 section
- § 153 Except as otherwise expressly provided by law, the seal of a court need not be affixed to any proceeding therein, or to any document, except to the following:…
CHAPTER 7. Special Immigrant Juvenile Findings § 155 · 1 section
- § 155 (a) (1) A superior court has jurisdiction under California law to make judicial determinations regarding the dependency or custody, or both, and care of…