SMALL CLAIMS HON. MARK V. BACCIARINI COMR. DAVID A. FOSTER
Purpose of Small Claims � People’s Court � Cost of typical court action � Cost of attorney representation � Complexity of normal litigation
2018 Court Filings � 1,086 small claims actions filed in Merced Superior Court in 2018 � Approx. half filed by plaintiffs who file more than 12 claims per year � Approx. 10% filed in the Los Banos courthouse � Small claims filings increased 18% from 2017
Characteristics � No fact pleading; mandatory claim form � No need to classify the area of the law � No formal procedure � No formal discovery � Money damages � The last actual court of equity?
Role of the Judge � Moderator � Timekeeper � Referee � Rule from the bench? � Commissioners � Temporary Judges
Small Claims Advisor / Small Claims Mediator � Small Claims Advisor in Self Help Center � Small Claims Mediator in courtroom
Jurisdiction � Money damages � Subject matter – almost any area of civil law � Auto accidents � Tenant security deposits � Auto/home repairs � Bad checks � Failure to make installment payments
Jurisdiction (cont’d) � Equitable relief in lieu of, or in addition to, money damages (CCP §116.220(b)) � Rescission � Restitution � Reformation � Specific performance � Injunctions/equitable relief when statute expressly authorizes (CCP §116.220(a)(5))
Jurisdictional Amounts � Basic rule: $5,000 � Any party who is not a natural person (CCP §116.220(a)(1)) � $10,000 - an action by a natural person (CCP §116.221) � Exception: specific rules and limits for claims against guarantors (see CCP §116.220(c)) � Any excess in the amount of the demand may be waived at judgment (CCP §116.220(d))
Multiple Filings � No person may file more than two small claims demanding more than $2,500 in a calendar year � If demand exceeds $2,500, the party must file a declaration that they have not filed more than two small claims actions demanding more than $2,500 � Limitation does not apply to public entities; $5,000 limit for public entities
Miscellaneous Actions � No jdxn over U/D cases, workers’ comp claims, or child support orders � Writ of possession to enforce innkeeper’s lien (CCP §116.220(a)(3)) � Action to confirm, correct, or vacate attorney fee arbitration award (CCP §116.220(a)(4)) � Actions by and against HOAs � CA Self-Service Storage Facility Act � CA wage and hour claims
Filing Fees � Claim of $1.5k or less: $30 � Claim >$1.5k up to $5k: $50 � Claim >$5k up to $10k (natural persons): $75 � More than 12 claims filed within previous 12 months: $100 (regardless of claim amount)
Venue � In general, venue and court location requirements are same as in any civil case � If improper venue, case is dismissed without prejudice (unless all parties present) � Defendant may challenge venue in writing without appearing at hearing (CCP §116.370(b)) � If venue challenged and court determines proper, court must continue hearing (CCP §116.370(c)(2))
Service of Process � Personal service � Substitute service with no due diligence requirement � Service by certified mail by court � Service complete day defendant signs receipt � Service of notice at least 15 days before hearing if defendant in county, 20 days if defendant resides outside county
Service of Process (cont’d) � No out of state service, except if claim: � Relates to real property and owner is nonresident; or � Arises out of auto accident and owner or operator is nonresident � Service by publication is not authorized
Who Can Appear? � Attorneys? � Corporation � Other entities – “regular employee” � Property agent � Spouse, parent, child � Assistant (if court determines party cannot properly present their claim or defense and needs assistance – CCP §116.540(l))
Evidence � No formal discovery allowed � Evidence is presented informally � Cross-examination generally is discouraged � Hearsay is admissible (e.g., police accident reports) � Bench officer may investigate and consult witnesses informally with or without notice to parties (CCP §116.520(c))
Judgments � Installment payments � Conditional judgments � Interest � Offsets
Post Judgment � Appeal – Trial De Novo in Superior Court � Plaintiff has no right to appeal � Defendant must appeal within 30 days � Defendant’s insurer may appeal if judgment of $2,500 or more and stipulates to coverage � Attorneys may appear and may be awarded attorneys’ fees � Superior Court judgment is final
Post Judgment (cont’d) � Motion to Vacate � Request to Correct � Request for Order � Petition for Writ (from Appellate Division) � Satisfaction of Judgment � Order to Appear for Examination (OEX)
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