SECTIONS 116.110-116.140 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 116.110-116.140

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.
(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.

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.

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.