Bill Text: CA AB712 | 2009-2010 | Regular Session | Chaptered
Bill Title: Small claims court: equitable relief.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 468, Statutes of 2009. [AB712 Detail]
Download: California-2009-AB712-Chaptered.html
BILL NUMBER: AB 712 CHAPTERED
BILL TEXT
CHAPTER 468
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY APRIL 27, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Evans
FEBRUARY 26, 2009
An act to amend Section 116.220 of the Code of Civil Procedure,
relating to small claims court.
LEGISLATIVE COUNSEL'S DIGEST
AB 712, Evans. Small claims court: equitable relief.
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 further provides that, in any of those actions, 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.
This bill would provide, in addition, that a small claims court
has jurisdiction over an action for an injunction or other equitable
relief only when a statute expressly authorizes a small claims court
to award that relief. The bill would provide that nothing in these
provisions is intended to expand, or to encourage the expansion of,
the jurisdiction of the small claims court.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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), 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.
SEC. 2. Nothing in this act is intended to expand, or to encourage
the expansion of, the jurisdiction of the small claims court.
