California

Code of Civil Procedure - CCP

3,424 sections, each with the official text and a plain-English explanation of what it means for you.

• § [1067.] — Section Ten Hundred and Sixty-seven.
• § [1084.] — The writ of mandamus may be denominated a writ of mandate.
• § [1097.] — If a peremptory mandate has been issued and directed to an inferior tribunal, corporation, board, or person, and it appears to the court that a member of the tribunal, corporation, or board, or the pe
• § [1281.8.] — (a) As used in this section, “provisional remedy” includes the following: (1) Attachments and temporary protective orders issued pursuant to Title 6.
• § [1931.] — Section Nineteen Hundred and Thirty-one.
• § [1932.] — Section Nineteen Hundred and Thirty-two.
• § [1950.] — Section Nineteen Hundred and Fifty.
• § [2011.] — Section Two Thousand and Eleven.
• § [2013.] — Section Two Thousand and Thirteen.
• § [2014.] — Section Two Thousand and Fourteen.
• § [2077.] — Section Two Thousand and Seventy-seven.
• § [317.] — Section Three Hundred and Seventeen.
• § [592.] — Section Five Hundred and Ninety-two.
• § [627.] — Section Six Hundred and Twenty-seven.
• § 1 — This act shall be known as the Code of Civil Procedure, and is divided into four parts, as follows: Part I.
• § 10 — Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135.
• § 100 — Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.
• § 1001 — (a) Notwithstanding any other law, a provision within a settlement agreement that prevents or restricts the disclosure of factual information related to a claim filed in a civil action or a complaint
• § 1002 — (a) Notwithstanding any other law, a provision within a settlement agreement that prevents the disclosure of factual information related to the action is prohibited in any civil action the factual fou
• § 1002.5 — (a) An agreement to settle an employment dispute shall not contain a provision prohibiting, preventing, or otherwise restricting a settling party that is an aggrieved person from obtaining future empl
• § 1002.7 — (a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of the parent’s minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, in
• § 1003 — Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order.
• § 1004 — Except as provided in section 166 of this code, motions must be made in the court in which the action is pending.
• § 1005 — (a) Written notice shall be given, as prescribed in subdivisions (b) and (c), for the following motions: (1) Notice of Application and Hearing for Writ of Attachment under Section 484.
• § 1005.5 — A motion upon all the grounds stated in the written notice thereof is deemed to have been made and to be pending before the court for all purposes, upon the due service and filing of the notice of mot
• § 1006 — When a notice of motion is given, or an order to show cause is made returnable before a judge out of court, and at the time fixed for the motion, or on the return day of the order, the judge is unable
• § 1008 — (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, w
• § 1010 — Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based.
• § 1010.5 — The Judicial Council may adopt rules permitting the filing of papers by facsimile transmission, both directly with the courts and through third parties.
• § 1010.6 — (a) A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (h).
• § 1011 — The service may be personal, by delivery to the party or attorney on whom the service is required to be made, or it may be as follows: (a) If upon an attorney, service may be made at the attorney’s of
• § 1012 — Service by mail may be made where the person on whom it is to be made resides or has his office at a place where there is a delivery service by mail, or where the person making the service and the per
• § 1013 — (a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the Un
• § 1013a — Proof of service by mail may be made by one of the following methods: (1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residence or bu
• § 1013b — (a) Proof of electronic service may be made by any of the following methods: (1) An affidavit setting forth the exact title of the document served and filed in the cause, showing the name and residenc
• § 1014 — A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to Section 396b, moves for reclassification pursu
• § 1015 — When a plaintiff or a defendant, who has appeared, resides out of the state, and has no attorney in the action or proceeding, the service may be made on the clerk of the court, for that party.
• § 1016 — The foregoing provisions of this Chapter do not apply to the sevice of a summons or other process, or of any paper to bring a party into contempt.
• § 1017 — Any summons, writ, or order in any civil suit or proceeding, and all other papers requiring service, may be transmitted by telegraph for service in any place, and the telegraphic copy of such writ, or
• § 1019 — Whenever any notice or publication is required by a provision in this code or any other code or statute of this state to be provided in a specified size of type or printing which is to be measured by
• § 1019.5 — (a) When a motion is granted or denied, unless the court otherwise orders, notice of the court’s decision or order shall be given by the prevailing party to all other parties or their attorneys, in th
• § 1020 — (a) Any notice required by law, other than those required to be given to a party to an action or to his attorney, the service of which is not governed by the other sections of this chapter and which i
• § 1021 — Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties
• § 1021.10 — Notwithstanding any other provision of law, in an action brought in the name of the people of the State of California against any person for failure to comply with Chapter 10A (commencing with Section
• § 1021.11 — (a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, a governmental ent
• § 1021.4 — In an action for damages against a defendant based upon that defendant’s commission of a felony offense for which that defendant has been convicted, the court may, upon motion, award reasonable attorn
• § 1021.5 — Upon motion, a court may award attorneys’ fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public
• § 1021.6 — Upon motion, a court after reviewing the evidence in the principal case may award attorney’s fees to a person who prevails on a claim for implied indemnity if the court finds (a) that the indemnitee t
• § 1021.7 — In any action for damages arising out of the performance of a peace officer’s duties, brought against a peace officer, as defined in Chapter 4.
• § 1021.8 — (a) Whenever the Attorney General prevails in a civil action to enforce Section 17537.
• § 1021.9 — In any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the raising of livestock, the prevailing plaintiff sh
• § 1022 — When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action, against several parties
• § 1023 — The fees of referees are such reasonable sum as the court may fix for the time spent in the business of the reference; but the parties may agree, in writing, upon any other rate of compensation, and t
• § 1024 — When an application is made to the court or referee to postpone a trial, the payment of the expenses occasioned by the postponement may be imposed, in the discretion of the court or referee, as a cond
• § 1025 — When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he was entitled,
• § 1026 — (a) Except as provided in subdivision (b), in an action prosecuted or defended by a personal representative, trustee of an express trust, guardian, conservator, or a person expressly authorized by sta
• § 1027 — When the decision of a court of inferior jurisdiction in a special proceeding is brought before a court of higher jurisdiction for a review, in any other way than by appeal, the same costs must be all
• § 1028 — Notwithstanding any other provisions of law, when the State is a party, costs shall be awarded against it on the same basis as against any other party and, when awarded, must be paid out of the approp
• § 1028.5 — (a) In any civil action between a small business or a licensee and a state regulatory agency, involving the regulatory functions of a state agency as applied to a small business or a licensee, if the
• § 1029 — When any county, city, district, or other public agency or entity, or any officer thereof in his official capacity, is a party, costs shall be awarded against it on the same basis as against any other
• § 1029.5 — (a) Whenever a complaint for damages is filed against any architect, landscape architect, engineer, building designer, or land surveyor, duly licensed as such under the laws of this state, in an actio
• § 1029.6 — (a) Whenever a complaint for damages for personal injuries is filed against a physician and surgeon, dentist, registered nurse, dispensing optician, optometrist, pharmacist, registered physical therap
• § 1029.8 — (a) Any unlicensed person who causes injury or damage to another person as a result of providing goods or performing services for which a license is required under Division 2 (commencing with Section
• § 1030 — (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiri
• § 1031 — In actions for the recovery of wages for labor performed, where the amount of the demand, exclusive of interest, does not exceed three hundred dollars ($300), the court shall add, as part of the cost,
• § 1032 — (a) As used in this section, unless the context clearly requires otherwise: (1) “Complaint” includes a cross-complaint.
• § 1033 — (a) Costs or any portion of claimed costs shall be as determined by the court in its discretion in a case other than a limited civil case in accordance with Section 1034 where the prevailing party rec
• § 1033.5 — (a) The following items are allowable as costs under Section 1032: (1) Filing, motion, and jury fees.
• § 1034 — (a) Prejudgment costs allowable under this chapter shall be claimed and contested in accordance with rules adopted by the Judicial Council.
• § 1034.5 — In unlawful detainer proceedings, the plaintiff who recovers judgment for possession of premises, and who advances or pays to the sheriff or marshal the expenses required for the eviction of any perso
• § 1036 — In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, or the attorney representing the public entity who effects a settlement of that proceed
• § 1038 — (a) In any civil proceeding under the Government Claims Act (Division 3.
• § 1045 — If an original pleading or paper be lost, the Court may authorize a copy thereof to be filed and used instead of the original.
• § 1046 — An affidavit, notice, or other paper, without the title of the action or proceeding in which it is made, or with a defective title, is as valid and effectual for any purpose as if duly entitled, if it
• § 1046a — In all cases brought under the provisions of any act providing for the establishment and quieting of title to real property in cases where the public records in the office of the county recorder have
• § 1047 — Successive actions may be maintained upon the same contract or transaction, whenever, after the former action, a new cause of action arises therefrom.
• § 1048 — (a) When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the
• § 1049 — An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.
• § 1050 — An action may be brought by one person against another for the purpose of determining an adverse claim, which the latter makes against the former for money or property upon an alleged obligation; and
• § 1053 — When there are three referees all must meet, but two of them may do any act which might be done by all.
• § 1054 — (a) When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other th
• § 1054.1 — (a) When an act to be done in any action or proceeding in any court of this state or before any state administrative agency, as provided by law or rule, relates to the pleadings in the action, or the
• § 1055 — If an action is brought against any officer or person for an act for the doing of which he had theretofore received any valid bond or convenant of indemnity, and he gives seasonable notice thereof in
• § 1060 — Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or duties with respect to another, or in respect t
• § 1060.5 — Any individual claiming to be a nonresident of the State of California for the purposes of the Personal Income Tax Law may commence an action in the Superior Court in the County of Sacramento, or in t
• § 1061 — The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances.
• § 1062 — The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party to such action, and n
• § 1062.10 — No person or legal entity may maintain an action in any court in this state to enforce the terms of a real property sales contract as defined in Section 2985 of the Civil Code or a conditional sale co
• § 1062.20 — (a) In accordance with rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro
• § 1062.3 — (a) Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, exc
• § 1062.30 — This chapter applies to any claim or lawsuit against a foster family agency or a noncustodial adoption agency for the acts of their employees, contractors, or volunteers brought by a recipient of thos
• § 1062.31 — It is the public policy of the State of California that foster family agencies or noncustodial adoption agencies, also known as FFAs, provide necessary services to vulnerable youth throughout the stat
• § 1062.32 — For the purposes of this chapter, the following definitions apply: (a) “FFA” means a foster family agency or a noncustodial adoption agency, as these terms are defined in Section 1502 of the Health an
• § 1062.33 — (a) An FFA may be held liable for injury or damage caused by the negligence of the FFA but not for the injury or damage caused by the public entity, including its officers, employees, or volunteers, a
• § 1062.34 — This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
• § 1062.5 — Any insurer who issues policies of professional liability insurance to health care providers for professional negligence, as defined in Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extr
• § 1063 — The party prosecuting a special proceeding may be known as the plaintiff, and the adverse party as the defendant.
• § 1064 — A judgment in a special proceeding is the final determination of the rights of the parties therein.
• § 1068 — (a) A writ of review may be granted by any court when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and the
• § 1069 — The application must be made on the verified petition of the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an orde
• § 1069.1 — The provisions of Section 1089 as to a return by demurrer or answer apply to a proceeding pursuant to this chapter.
• § 1070 — The writ may be directed to the inferior tribunal, Board, or officer, or to any other person having the custody of the record or proceedings to be certified.
• § 1071 — The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ at a time and place then or thereafter specified by court order a transcript of the reco
• § 1072 — If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; these words may be inserted or omitted, in the sound discretion of the Court, but if omitted, the
• § 1073 — The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the Court.
• § 1074 — The review upon this writ cannot be extended further than to determine whether the inferior tribunal, Board, or officer has regularly pursued the authority of such tribunal, Board, or officer.
• § 1075 — If the return of the writ be defective, the Court may order a further return to be made.
• § 1076 — A copy of the judgment, signed by the Clerk, must be transmitted to the inferior tribunal, Board, or officer having the custody of the record or proceeding certified up.
• § 1077 — A copy of the judgment, signed by the Clerk, entered upon or attached to the writ and return, constitute the judgment roll.
• § 1085 — (a) A writ of mandate may be issued by any court to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from
• § 1085.5 — Notwithstanding this chapter, in any action or proceeding to attack, review, set aside, void, or annul the activity of the Director of Food and Agriculture under Division 4 (commencing with Section 50
• § 1086 — The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law.
• § 1087 — The writ may be either alternative or peremptory.
• § 1088 — When the application to the court is made without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is
• § 1088.5 — In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for a writ at the time of filing, but proof of service of a copy of th
• § 1089 — On the date for return of the alternative writ, or on which the application for the writ is noticed, or, if the Judicial Council shall adopt rules relating to the return and answer, then at the time p
• § 1089.5 — Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.
• § 1090 — If a return be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of th
• § 1091 — On the trial, the applicant is not precluded by the return from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.
• § 1092 — The motion for new trial must be made in the Court in which the issue of fact is tried.
• § 1093 — If no notice of a motion for a new trial be given, or if given, the motion be denied, the Clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the Court in
• § 1094 — If no return be made, the case may be heard on the papers of the applicant.
• § 1094.5 — (a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be
• § 1094.6 — (a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or
• § 1094.8 — (a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or other entitlement for expressive conduct
• § 1094.9 — (a) Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit sh
• § 1095 — If judgment be given for the applicant, the applicant may recover the damages which the applicant has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference
• § 1096 — The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court.
• § 11 — Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified m
• § 1102 — The writ of prohibition arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such
• § 1103 — (a) A writ of prohibition may be issued by any court to an inferior tribunal or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary
• § 1104 — The writ must be either alternative or peremptory.
• § 1105 — The provisions of the preceding Chapter, except of the first four sections thereof, apply to this proceeding.
• § 1107 — When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest nam
• § 1108 — Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing t
• § 1109 — Except as otherwise provided in this Title, the provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title.
• § 1110 — The provisions of Part II of this Code relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Title, apply to the proceedings mentioned in this Title
• § 1110a — If an appeal be taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for irrigation purposes, such appeal shall not stay the operation of th
• § 1110b — If an appeal be taken from an order or judgment granting a writ of mandate the court granting the writ, or the appellate court, may direct that the appeal shall not operate as a stay of execution if i
• § 1132 — (a) A judgment by confession is unenforceable and may not be entered in any superior court.
• § 1138 — Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submiss
• § 1139 — Judgment must be entered as in other cases, but without costs for any proceeding prior to the trial.
• § 1140 — The judgment may be enforced in the same manner as if it had been rendered in an action of the same jurisdictional classification in the same court, and is in the same manner subject to appeal.
• § 1141.10 — (a) The Legislature finds and declares that litigation involving small civil cases can be so costly and complex that efficiently resolving these civil cases is difficult, and that the resulting delays
• § 1141.11 — (a) In each superior court with 18 or more judges, all nonexempt unlimited civil cases shall be submitted to arbitration under this chapter if the amount in controversy, in the opinion of the court, w
• § 1141.12 — In all superior courts, the Judicial Council shall provide by rule for a uniform system of arbitration of the following causes: (a) Any cause, regardless of the amount in controversy, upon stipulation
• § 1141.13 — This chapter shall not apply to any civil action which includes a prayer for equitable relief, except that if the prayer for equitable relief is frivolous or insubstantial, this chapter shall be appli
• § 1141.14 — Notwithstanding any other provision of law except the provisions of this chapter, the Judicial Council shall provide by rule for practice and procedure for all actions submitted to arbitration under t
• § 1141.15 — The Judicial Council rules shall provide exceptions for cause to arbitration pursuant to subdivision (a), (b), or (c) of Section 1141.
• § 1141.16 — (a) The determination of the amount in controversy, under subdivision (a) or (b) of Section 1141.
• § 1141.17 — (a) Submission of an action to arbitration pursuant to this chapter shall not suspend the running of the time periods specified in Chapter 1.
• § 1141.18 — (a) Arbitrators shall be retired judges, retired court commissioners who were licensed to practice law prior to their appointment as a commissioner, or members of the State Bar, and shall sit individu
• § 1141.19 — Arbitrators approved pursuant to this chapter shall have the powers necessary to perform duties pursuant to this chapter as prescribed by the Judicial Council.
• § 1141.19.5 — In any arbitration proceeding under this chapter, no party may require the production of evidence specified in subdivision (a) of Section 3295 of the Civil Code at the arbitration, unless the court en
• § 1141.20 — (a) An arbitration award shall be final unless a request for a de novo trial or a request for dismissal in the form required by the Judicial Council is filed within 60 days after the date the arbitrat
• § 1141.21 — (a) (1) If the judgment upon the trial de novo is not more favorable in either the amount of damages awarded or the type of relief granted for the party electing the trial de novo than the arbitration
• § 1141.22 — The Judicial Council rules shall specify the grounds upon which the arbitrator or the court, or both, may correct, modify or vacate an award.
• § 1141.23 — The arbitration award shall be in writing, signed by the arbitrator and filed in the court in which the action is pending.
• § 1141.24 — In cases ordered to arbitration pursuant to Section 1141.
• § 1141.25 — Any reference to the arbitration proceedings or arbitration award during any subsequent trial shall constitute an irregularity in the proceedings of the trial for the purposes of Section 657.
• § 1141.26 — Nothing in this act shall prohibit an arbitration award in excess of the amount in controversy as specified in Section 1141.
• § 1141.27 — This chapter shall apply to any civil action otherwise within the scope of this chapter in which a party to the action is a public agency or public entity.
• § 1141.28 — (a) All administrative costs of arbitration, including compensation of arbitrators, shall be paid for by the court in which the arbitration costs are incurred, except as otherwise provided in subdivis
• § 1141.30 — This chapter shall not be construed in derogation of Title 9 (commencing with Section 1280) of Part 3, and, to that extent, this chapter and that title are mutually exclusive and independent of each o
• § 1141.31 — The provisions of this chapter shall become operative July 1, 1979, except that the Judicial Council shall adopt the arbitration rules for practice and procedures on or before March 31, 1979.
• § 1159 — (a) Every person is guilty of a forcible entry who either: (1) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any
• § 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 and economic consequence collectively.
• § 116.130 — In this chapter, unless the context indicates otherwise: (a) “Plaintiff” means the party who has filed a small claims action.
• § 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 taking action when notice is given by mail
• § 116.210 — In each superior court there shall be a small claims division.
• § 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 amount of the demand does not exceed six t
• § 116.221 — In addition to the jurisdiction conferred by Section 116.
• § 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 the debt, each fee and charge added to t
• § 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 of goods, services, property, or extension
• § 116.230 — (a) In a small claims case, the clerk of the court shall charge and collect only those fees authorized under this chapter.
• § 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
• § 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 Section 116.
• § 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
• § 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.
• § 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.
• § 116.270 — Any small claims division may use law clerks to assist the judge with legal research of small claims cases.
• § 116.310 — (a) No formal pleading, other than the claim described in Section 116.
• § 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 facsimile transmission if authorized pursu
• § 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 hearing with witnesses and documents to prove
• § 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 be mailed to the defendant by any form of
• § 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.
• § 116.370 — (a) Venue and court location requirements in small claims actions shall be the same as in other civil actions.
• § 116.390 — (a) If a defendant has a claim against a plaintiff that exceeds the jurisdictional limits stated in Sections 116.
• § 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.
• § 116.420 — (a) No claim shall be filed or maintained in small claims court by the assignee of the claim.
• § 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 filing of a declaration stating that the p
• § 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.
• § 116.530 — (a) Except as permitted by this section, no attorney may take part in the conduct or defense of a small claims action.
• § 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 party in the litigation except during th
• § 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 action.
• § 116.541 — (a) Notwithstanding Section 116.
• § 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 shall inquire at the time of the hearing
• § 116.570 — (a) Any party may submit a written request to postpone a hearing date for good cause.