Bill Text: CA SB914 | 2013-2014 | Regular Session | Introduced
Bill Title: Small claims court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-06 - Referred to Com. on JUD. [SB914 Detail]
Download: California-2013-SB914-Introduced.html
BILL NUMBER: SB 914 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
JANUARY 23, 2014
An act to amend Section 116.540 of the Code of Civil Procedure,
relating to small claims court.
LEGISLATIVE COUNSEL'S DIGEST
SB 914, as introduced, Liu. Small claims court.
Existing law generally requires that plaintiffs and defendants in
small claims court actions represent themselves, but provides a
number of exceptions to this requirement for specified businesses,
plaintiffs who are in the military, and defendants who are
nonresident owners of property, among others.
This bill would create another exception to that rule by
permitting a plaintiff in a small claims action to submit
declarations to serve as evidence supporting his or her claim or
allow another individual to appear and participate on his or her
behalf, if the plaintiff is a senior citizen or dependent adult and
appearing for a hearing would pose an undue hardship, as determined
by the court, due to limited mobility or limited access to
transportation.
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 116.540 of the Code of Civil Procedure is
amended to read:
116.540. (a) Except as permitted by this section, no individual
other than the plaintiff and the defendant may take part in the
conduct or defense of a small claims action.
(b) Except as additionally provided in subdivision (i), a
corporation may appear and participate in a small claims action only
through a regular employee, or a duly appointed or elected officer or
director, who is employed, appointed, or elected for purposes other
than solely representing the corporation in small claims court.
(c) A party who is not a corporation or a natural person may
appear and participate in a small claims action only through a
regular employee, or a duly appointed or elected officer or director,
or in the case of a partnership, a partner, engaged for purposes
other than solely representing the party in small claims court.
(d) If a party is an individual doing business as a sole
proprietorship, the party may appear and participate in a small
claims action by a representative and without personally appearing if
both of the following conditions are met:
(1) The claim can be proved or disputed by evidence of an account
that constitutes a business record as defined in Section 1271 of the
Evidence Code, and there is no other issue of fact in the case.
(2) The representative is a regular employee of the party for
purposes other than solely representing the party in small claims
actions and is qualified to testify to the identity and mode of
preparation of the business record.
(e) A plaintiff is not required to personally appear, and may
submit declarations to serve as evidence supporting his or her claim
or allow another individual to appear and participate on his or her
behalf, if (1) the plaintiff is serving on active duty in the United
States Armed Forces outside this state, (2) the plaintiff was
assigned to his or her duty station after his or her claim arose, (3)
the assignment is for more than six months, (4) the representative
is serving without compensation, and (5) the representative has
appeared in small claims actions on behalf of others no more than
four times during the calendar year. The defendant may file a claim
in the same action in an amount not to exceed the jurisdictional
limits stated in Sections 116.220, 116.221, and 116.231.
(f) A party incarcerated in a county jail, a Department of
Corrections and Rehabilitation facility, or a Division of Juvenile
Facilities facility is not required to personally appear, and may
submit declarations to serve as evidence supporting his or her claim,
or may authorize another individual to appear and participate on his
or her behalf if that individual is serving without compensation and
has appeared in small claims actions on behalf of others no more
than four times during the calendar year.
(g) A defendant who is a nonresident owner of real property may
defend against a claim relating to that property without personally
appearing by (1) submitting written declarations to serve as evidence
supporting his or her defense, (2) allowing another individual to
appear and participate on his or her behalf if that individual is
serving without compensation and has appeared in small claims actions
on behalf of others no more than four times during the calendar
year, or (3) taking the action described in both (1) and (2).
(h) A party who is an owner of rental real property may appear and
participate in a small claims action through a property agent under
contract with the owner to manage the rental of that property, if (1)
the owner has retained the property agent principally to manage the
rental of that property and not principally to represent the owner in
small claims court, and (2) the claim relates to the rental
property.
(i) A party that is an association created to manage a common
interest development, as defined in Section 4100 or in Sections 6528
and 6534 of the Civil Code, may appear and participate in a small
claims action through an agent, a management company representative,
or bookkeeper who appears on behalf of that association.
(j) (1) A plaintiff is not required to personally appear, and may
submit declarations to serve as evidence supporting his or her claim
or allow another individual to appear and participate on his or her
behalf, if the plaintiff is a senior citizen or dependent adult and
appearing for a hearing would pose an undue hardship, as determined
by the court, due to limited mobility or limited access to
transportation.
(2) For the purposes of this subdivision, the following
definitions shall apply:
(A) "Dependent adult" means a person who is 18 years of age or
older, who resides in this state, and who has physical or mental
limitations that restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities,
or whose physical or mental abilities have diminished because of age.
(B) "Senior citizen" means a person who is 65 years of age or
older.
(j)
(k) At the hearing of a small claims action, the court
shall require any individual who is appearing as a representative of
a party under subdivisions (b) to (i), (j),
inclusive, to file a declaration stating (1) that the
individual is authorized to appear for the party, and (2) the basis
for that authorization. If the representative is appearing under
subdivision (b), (c), (d), (h), or (i), the declaration also shall
state that the individual is not employed solely to represent the
party in small claims court. If the representative is appearing under
subdivision (e), (f), or (g), or (j),
the declaration also shall state that the representative is serving
without compensation, and has appeared in small claims actions on
behalf of others no more than four times during the calendar year.
(k)
(l) A husband or wife who sues or who is sued with his
or her spouse may appear and participate on behalf of his or her
spouse if (1) the claim is a joint claim, (2) the represented spouse
has given his or her consent, and (3) the court determines that the
interests of justice would be served.
(l)
(m) If the court determines that a party cannot properly
present his or her claim or defense and needs assistance, the court
may in its discretion allow another individual to assist that party.
(m)
(n) Nothing in this section shall operate or be
construed to authorize an attorney to participate in a small claims
action except as expressly provided in Section 116.530.
