California Code of Civil Procedure. California

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СКАЧАТЬ The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition.

      The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit.

      (Amended by Stats. 1983, Ch. 102, Sec. 4. Effective June 16, 1983.)

      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 as collateral estoppel of a party or a successor in interest to a party in other litigation with a person who was not a party or a successor in interest to a party to the action in which the judgment or order is rendered.

      (Added by Stats. 1982, Ch. 1581, Sec. 1.)

      100. Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.

      (Added by Stats. 1982, Ch. 1581, Sec. 1.)

      CHAPTER 5.5.

      Small Claims Court

      ARTICLE 1. General Provisions

      116.110. This chapter shall be known and may be cited as “The Small Claims Act.”

      (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.)

      116.120. 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.

      (b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairly, it is essential to provide a judicial forum accessible to all parties directly involved in resolving these disputes.

      (c) The small claims divisions have been established to provide a forum to resolve minor civil disputes, and for that reason constitute a fundamental element in the administration of justice and the protection of the rights and property of individuals.

      (d) The small claims divisions, the provisions of this chapter, and the rules of the Judicial Council regarding small claims actions shall operate to ensure that the convenience of parties and witnesses who are individuals shall prevail, to the extent possible, over the convenience of any other parties or witnesses.

      (Amended by Stats. 1998, Ch. 931, Sec. 37. Effective September 28, 1998.)

      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 has filed a claim against a plaintiff.

      (b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim.

      (c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered.

      (d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered.

      (e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, or other entity.

      (f) “Individual” means a natural person.

      (g) “Party” means a plaintiff or defendant.

      (h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter.

      (i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct.

      (j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge.

      (k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise.

      (Amended by Stats. 2003, Ch. 449, Sec. 4. Effective January 1, 2004.)

      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.

      (b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of prejudgment attachments.

      (Added by Stats. 1991, Ch. 915, Sec. 2.)

      ARTICLE 2. Small Claims Court

      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.

      (Amended by Stats. 2002, Ch. 784, Sec. 30. Effective January 1, 2003.)

      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 five thousand dollars ($5,000).

      (2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed five thousand dollars ($5,000), if the legality of the tax is not contested by the defendant.

      (3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed five thousand dollars ($5,000).

      (4) To confirm, correct, or vacate a fee arbitration award not exceeding five thousand dollars ($5,000) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than five thousand dollars ($5,000) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.

      (5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.

      (b) In any action seeking relief authorized by paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.

      (c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:

      (1) For any action brought by a natural person against the Registrar of the Contractors’ State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall apply.

      (2) СКАЧАТЬ