SECTIONS 116.920-116.950 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 116.920-116.950

116.920. (a) The Judicial Council shall provide by rule for the
practice and procedure and for the forms and their use in small
claims actions. The rules and forms so adopted shall be consistent
with this chapter.
(b) The Judicial Council, in consultation with the Department of
Consumer Affairs, shall adopt rules to ensure that litigants receive
adequate notice of the availability of assistance from small claims
advisors, to prescribe other qualifications and the conduct of
advisors, to prescribe training standards for advisors and for
temporary judges hearing small claims matters, to prescribe, where
appropriate, uniform rules and procedures regarding small claims
actions and judgments, and to address other matters that are deemed
necessary and appropriate.

116.930. (a) Each small claims division shall provide in each
courtroom in which small claims actions are heard a current copy of a
publication describing small claims court law and the procedures
that are applicable in the small claims courts, including the law and
procedures that apply to the enforcement of judgments. The Small
Claims Court and Consumer Law California Judge's Bench Book developed
by the California Center for Judicial Education and Research is
illustrative of a publication that satisfies the requirement of this
subdivision.
(b) Each small claims division may formulate and distribute to
litigants and the public a manual on small claims court rules and
procedures. The manual shall explain how to complete the necessary
forms, how to determine the proper court in which small claims
actions may be filed, how to present and defend against claims, how
to appeal, how to enforce a judgment, how to protect property that is
exempt from execution, and such other matters that the court deems
necessary or desirable.
(c) If the Department of Consumer Affairs determines there are
sufficient private or public funds available in addition to the funds
available within the department's current budget, the department, in
cooperation with the Judicial Council, shall prepare a manual or
information booklet on small claims court rules and procedures. The
department shall distribute copies to the general public and to each
small claims division.
(d) If funding is available, the Judicial 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.

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 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 may provide advisory services jointly.
(c) In any 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 may elect to exempt itself
from the requirements set forth in subdivision (b). This exemption
shall be formally noticed through the adoption of a resolution by the
board of supervisors. If a county so exempts itself, the county
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, the county administrator'
s office, other 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.

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.