California Code of Civil Procedure. California

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СКАЧАТЬ Council, in cooperation with the Department of Consumer Affairs, shall prepare and distribute to each judge who sits in a small claims court a bench book describing all state and federal consumer protection laws reasonably likely to apply in small claims actions.

      (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.)

      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 characteristics of the small claims advisory service required by Section 116.260 shall be determined by each county, or by the superior court in a county where the small claims advisory service is administered by the court, in accordance with local needs and conditions.

      (b) Each advisory service shall provide the following services:

      (1) Individual personal advisory services, in person or by telephone, and by any other means reasonably calculated to provide timely and appropriate assistance. The topics covered by individual personal advisory services shall include, but not be limited to, preparation of small claims court filings, procedures, including procedures related to the conduct of the hearing, and information on the collection of small claims court judgments.

      (2) Recorded telephone messages may be used to supplement the individual personal advisory services, but shall not be the sole means of providing advice available in the county.

      (3) Adjacent counties, superior courts in adjacent counties, or any combination thereof, may provide advisory services jointly.

      (c) In a county in which the number of small claims actions filed annually is 1,000 or less as averaged over the immediately preceding two fiscal years, the county or the superior court may elect to exempt itself from the requirements set forth in subdivision (b). If the small claims advisory service is administered by the county, this exemption shall be formally noticed through the adoption of a resolution by the board of supervisors. If the small claims advisory service is administered by the superior court, this exemption shall be formally noticed through adoption of a local rule. If a county or court so exempts itself, the county or court shall nevertheless provide the following minimum advisory services in accordance with rules adopted by the Judicial Council:

      (1) Recorded telephone messages providing general information relating to small claims actions filed in the county shall be provided during regular business hours.

      (2) Small claims information booklets shall be provided in the court clerk’s office of each superior court, appropriate county offices, and in any other location that is convenient to prospective small claims litigants in the county.

      (d) The advisory service shall operate in conjunction and cooperation with the small claims division, and shall be administered so as to avoid the existence or appearance of a conflict of interest between the individuals providing the advisory services and any party to a particular small claims action or any judicial officer deciding small claims actions.

      (e) Advisers may be volunteers, and shall be members of the State Bar, law students, paralegals, or persons experienced in resolving minor disputes, and shall be familiar with small claims court rules and procedures. Advisers may not appear in court as an advocate for any party.

      (f) Advisers, including independent contractors, other employees, and volunteers, have the immunity conferred by Section 818.9 of the Government Code with respect to advice provided as a public service on behalf of a court or county to small claims litigants and potential litigants under this chapter.

      (g) This section does not preclude a court or county from contracting with a third party to provide small claims advisory services as described in this section.

      (Amended by Stats. 2013, Ch. 76, Sec. 21. Effective January 1, 2014.)

      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 to the funds available in the department’s current budget to cover the costs of implementing this section.

      (b) There shall be established an advisory committee, constituted as set forth in this section, to study small claims practice and procedure, with particular attention given to the improvement of procedures for the enforcement of judgments.

      (c) The members of the advisory committee shall serve without compensation, but shall be reimbursed for expenses actually and necessarily incurred by them in the performance of their duties.

      (d) The advisory committee shall be composed as follows:

      (1) The Attorney General or a representative.

      (2) Two consumer representatives from consumer groups or agencies, appointed by the Secretary of the State and Consumer Services Agency.

      (3) One representative appointed by the Speaker of the Assembly and one representative appointed by the President pro Tempore of the Senate.

      (4) Two representatives appointed by the Board of Governors of the State Bar.

      (5) Two representatives of the business community, appointed by the Secretary of Technology, Trade, and Commerce.

      (6) Six judicial officers who have extensive experience presiding in small claims court, appointed by the Judicial Council. Judicial officers appointed under this subdivision may include judicial officers of the superior court, judges of the appellate courts, retired judicial officers, and temporary judges.

      (7) One representative appointed by the Governor.

      (8) Two clerks of the court appointed by the Judicial Council.

      (e) Staff assistance to the advisory committee shall be provided by the Department of Consumer Affairs, with the assistance of the Judicial Council, as needed.

      (Amended by Stats. 2002, Ch. 784, Sec. 32. Effective January 1, 2003. Implementation is subject to condition in subd. (a).)

      CHAPTER 6.

      General Provisions Respecting Courts of Justice

      ARTICLE 1. Publicity of Proceedings

      124. Except as provided in Section 214 of the Family Code or any other provision of law, the sittings of every court shall be public.

      (Amended by Stats. 1992, Ch. 163, Sec. 12. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)

      ARTICLE 2. Incidental Powers and Duties of Courts

      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 proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority.

      (3) To provide for the orderly conduct of proceedings before it, or its officers.

      (4) To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein.

      (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding СКАЧАТЬ