California Code of Civil Procedure. California

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СКАЧАТЬ The plaintiff in the small claims action shall not be required to pay to the clerk of the transferee court any transmittal, appearance, or filing fee unless the plaintiff appears in the transferee court, in which event the plaintiff shall be required to pay the filing fee and any other fee required of a defendant in the transferee court. However, if the transferee court rules against the plaintiff in the action filed in that court, the court may award to the defendant in that action the costs incurred as a consequence of the transfer, including attorney’s fees and filing fees.

      (Amended by Stats. 2006, Ch. 167, Sec. 5. Effective January 1, 2007.)

      ARTICLE 4. Parties

      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 incompetent person may appear by a guardian ad litem appointed by a judge of the court in which the action is filed.

      (Amended by Stats. 2004, Ch. 171, Sec. 1. Effective January 1, 2005.)

      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 action in the small claims court by (1) a trustee in bankruptcy in the exercise of the trustee’s duties as trustee, or (2) by the holder of a security agreement, retail installment contract, or lien contract subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the Automobile Sales Finance Act (Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code), purchased by the holder for the holder’s portfolio of investments, provided that the holder is not an assignee for the purpose of collection.

      (c) This section does not prevent the filing in small claims court by a local government which is self-insured for purposes of workers’ compensation and is seeking subrogation pursuant to Section 3852 of the Labor Code.

      (Amended by Stats. 1994, Ch. 231, Sec. 1. Effective January 1, 1995.)

      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 plaintiff has complied with the fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required.

      (b) A small claims action filed by a person who has not complied with the applicable fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required shall be dismissed without prejudice.

      (c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code, and “fictitious business name statement” means the statement described in Section 17913 of the Business and Professions Code.

      (Amended by Stats. 1991, Ch. 915, Sec. 12.)

      ARTICLE 5. Hearing

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

      (Amended by Stats. 1991, Ch. 915, Sec. 13.)

      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 to appear, the court shall still require the plaintiff to present evidence to prove his or her claim.

      (c) The court may consult witnesses informally and otherwise investigate the controversy with or without notice to the parties.

      (Added by Stats. 1990, Ch. 1305, Sec. 3.)

      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 the attorney is appearing to maintain or defend an action in any of the following capacities:

      (1) By or against himself or herself.

      (2) By or against a partnership in which he or she is a general partner and in which all the partners are attorneys.

      (3) By or against a professional corporation of which he or she is an officer or director and of which all other officers and directors are attorneys.

      (c) Nothing in this section shall prevent an attorney from doing any of the following:

      (1) Providing advice to a party to a small claims action, either before or after the commencement of the action.

      (2) Testifying to facts of which he or she has personal knowledge and about which he or she is competent to testify.

      (3) Representing a party in an appeal to the superior court.

      (4) Representing a party in connection with the enforcement of a judgment.

      (Amended by Stats. 2003, Ch. 449, Sec. 5. Effective January 1, 2004.)

      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 the conduct of the hearing, either before or after the commencement of the action, unless otherwise prohibited by law; nor shall anything in this article prevent those individuals from testifying to facts of which they have personal knowledge and about which they are competent to testify.

      (Added by Stats. 1990, Ch. 1683, Sec. 5.)

      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.

      (b) Except as additionally provided in subdivision (i), a corporation may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, who is employed, appointed, or elected for purposes other than solely representing the corporation in small claims court.

      (c) A party who is not a corporation or a natural person may appear and participate in a small claims action only through a regular employee, or a duly appointed or elected officer or director, or in the case of a partnership, a partner, engaged for purposes other than solely representing the party in small claims court.

      (d) If a party is an individual doing business as a sole proprietorship, the party may appear and participate in a small claims action by a representative and without personally appearing if both of the following conditions are met:

      (1) The claim can be proved or disputed by evidence of an account that constitutes a business record as defined in Section 1271 of the Evidence Code, and there is no other issue of fact in the case.

      (2) The representative is a regular employee of the party for purposes other than solely representing the party in small claims actions and is qualified to testify to the identity and mode of preparation of the business record.

      (e) A plaintiff is not required to personally appear, and may submit declarations to serve as evidence supporting his or her claim or allow another individual to appear and participate on his or her behalf, if (1) the plaintiff СКАЧАТЬ