Bill Text: CA AB280 | 2015-2016 | Regular Session | Introduced
Bill Title: Small claims court: jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB280 Detail]
Download: California-2015-AB280-Introduced.html
BILL NUMBER: AB 280 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Brown
FEBRUARY 11, 2015
An act to amend Sections 116.130, 116.220, and 116.231 of the Code
of Civil Procedure, relating to small claims court.
LEGISLATIVE COUNSEL'S DIGEST
AB 280, as introduced, Brown. Small claims court: jurisdiction.
Existing law establishes a small claims division, known as a small
claims court, in each superior court. Existing law provides that the
small claims court has jurisdiction over actions seeking certain
forms of relief, including money damages in specified amounts.
Existing law prohibits a city, county, city and county, school
district, county office of education, community college district,
local district, or any other local public entity from filing a claim
in the small claims division if the amount of the demand exceeds
$5,000. Existing law also provides that a small claims action filed
by a city, county, city and county, school district, county office of
education, community college district, local district, or any other
local public entity must be transferred out of the small claims
division if the opposing party is represented by legal counsel and
properly informs the entity of this fact.
This bill would give the small claims court jurisdiction over an
action filed by a city, county, city and county, school district,
county office of education, community college district, local
district, or any other local public entity if the amount of the
demand does not exceed $10,000. This bill would also eliminate the
provision relating to the transfer of small claims actions where the
opposing party is represented by counsel.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116.130 of the Code of Civil Procedure is
amended to read:
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, city, county, city and county, school district,
county office of education, community college district, local
district, or any 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.
SEC. 2. Section 116.220 of the Code of Civil Procedure is amended
to read:
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) , and (h) , 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) For any action against a defendant guarantor that does not
charge a fee for its guarantor or surety services, if the amount of
the demand does not exceed two thousand five hundred dollars
($2,500).
(3) For any action brought by a natural person against a defendant
guarantor that charges a fee for its guarantor or surety services,
if the amount of the demand does not exceed six thousand five hundred
dollars ($6,500).
(4) For any action brought by an entity other than a natural
person against a defendant guarantor that charges a fee for its
guarantor or surety services or against the Registrar of the
Contractors' State License Board as the defendant guarantor, if the
amount of the demand does not exceed four thousand dollars ($4,000).
(d) In any case in which the lack of jurisdiction is due solely to
an excess in the amount of the demand, the excess may be waived, but
any waiver is not operative until judgment.
(e) Notwithstanding subdivision (a), in any action filed by a
plaintiff incarcerated in a Department of Corrections and
Rehabilitation facility, the small claims court has jurisdiction over
a defendant only if the plaintiff has alleged in the complaint that
he or she has exhausted his or her administrative remedies against
that department, including compliance with Sections 905.2 and 905.4
of the Government Code. The final administrative adjudication or
determination of the plaintiff's administrative claim by the
department may be attached to the complaint at the time of filing in
lieu of that allegation.
(f) In any action governed by subdivision (e), if the plaintiff
fails to provide proof of compliance with the requirements of
subdivision (e) at the time of trial, the judicial officer shall, at
his or her discretion, either dismiss the action or continue the
action to give the plaintiff an opportunity to provide that proof.
(g) For purposes of this section, "department" includes an
employee of a department against whom a claim has been filed under
this chapter arising out of his or her duties as an employee of that
department.
(h) Notwithstanding subdivision (a), the small claims court has
jurisdiction over an action brought by a city, county, city and
county, school district, county office of education, community
college district, local district, or any other local public entity if
the amount of the demand does not exceed ten thousand dollars
($10,000).
SEC. 3. Section 116.231 of the Code of Civil Procedure is amended
to read:
116.231. (a) Except as provided in subdivision (d), no person may
file more than two small claims actions in which the amount demanded
exceeds two thousand five hundred dollars ($2,500), anywhere in the
state in any calendar year.
(b) Except as provided in subdivision (d), if the amount demanded
in any small claims action exceeds two thousand five hundred dollars
($2,500), the party making the demand shall file a declaration under
penalty of perjury attesting to the fact that not more than two small
claims actions in which the amount of the demand exceeded two
thousand five hundred dollars ($2,500) have been filed by that party
in this state within the calendar year.
(c) The Legislature finds and declares that the pilot project
conducted under the authority of Chapter 1196 of the Statutes of 1991
demonstrated the efficacy of the removal of the limitation on the
number of actions public entities may file in the small claims courts
on claims exceeding two thousand five hundred dollars ($2,500).
(d) The limitation on the number of filings exceeding two thousand
five hundred dollars ($2,500) does not apply to filings where the
claim does not exceed five ten thousand
dollars ($5,000) ($10,000) that are
filed by a city, county, city and county, school district, county
office of education, community college district, local district, or
any other local public entity. If any small claims action is
filed by a city, county, city and county, school district, county
office of education, community college district, local district, or
any other local public entity pursuant to this section, and the
defendant informs the court either in advance of the hearing by
written notice or at the time of the hearing, that he or she is
represented in the action by legal counsel, the action shall be
transferred out of the small claims division. A city, county, city
and county, school district, county office of education, community
college district, local district, or any other local public entity
may not file a claim within the small claims division if the amount
of the demand exceeds five thousand dollars ($5,000).
