SMALL CLAIMS HON. MARK V. BACCIARINI COMR. DAVID A. FOSTER Purpose - - PowerPoint PPT Presentation
SMALL CLAIMS HON. MARK V. BACCIARINI COMR. DAVID A. FOSTER Purpose of Small Claims Peoples Court Cost of typical court action Cost of attorney representation Complexity of normal litigation 2018 Court Filings 1,086 small
People’s Court Cost of typical court action Cost of attorney representation Complexity of normal litigation
1,086 small claims actions filed in Merced Superior Court in 2018
than 12 claims per year
Small claims filings increased 18% from 2017
No fact pleading; mandatory claim form No need to classify the area of the law No formal procedure No formal discovery Money damages The last actual court of equity?
Moderator Timekeeper Referee Rule from the bench? Commissioners Temporary Judges
Small Claims Advisor in Self Help Center Small Claims Mediator in courtroom
Money damages Subject matter – almost any area of civil law
Auto accidents Tenant security deposits Auto/home repairs Bad checks Failure to make installment payments
Equitable relief in lieu of, or in addition to, money damages (CCP §116.220(b))
Rescission Restitution Reformation Specific performance
Injunctions/equitable relief when statute expressly authorizes (CCP §116.220(a)(5))
Basic rule: $5,000
Any party who is not a natural person (CCP §116.220(a)(1))
$10,000 - an action by a natural person (CCP
§116.221) Exception: specific rules and limits for claims against guarantors (see CCP §116.220(c))
Any excess in the amount of the demand may be waived at judgment (CCP §116.220(d))
No person may file more than two small claims demanding more than $2,500 in a calendar year
a declaration that they have not filed more than two small claims actions demanding more than $2,500
Limitation does not apply to public entities; $5,000 limit for public entities
No jdxn over U/D cases, workers’ comp claims,
Writ of possession to enforce innkeeper’s lien
(CCP §116.220(a)(3))
Action to confirm, correct, or vacate attorney fee arbitration award (CCP §116.220(a)(4)) Actions by and against HOAs CA Self-Service Storage Facility Act CA wage and hour claims
Claim of $1.5k or less: $30 Claim >$1.5k up to $5k: $50 Claim >$5k up to $10k (natural persons): $75 More than 12 claims filed within previous 12 months: $100 (regardless of claim amount)
In general, venue and court location requirements are same as in any civil case If improper venue, case is dismissed without prejudice (unless all parties present) Defendant may challenge venue in writing without appearing at hearing (CCP
§116.370(b))
If venue challenged and court determines proper, court must continue hearing (CCP §116.370(c)(2))
Personal service Substitute service with no due diligence requirement Service by certified mail by court
Service complete day defendant signs receipt
Service of notice at least 15 days before hearing if defendant in county, 20 days if defendant resides outside county
No out of state service, except if claim:
Relates to real property and owner is nonresident; or Arises out of auto accident and owner or
Service by publication is not authorized
Attorneys? Corporation Other entities – “regular employee” Property agent Spouse, parent, child Assistant (if court determines party cannot properly present their claim or defense and needs assistance – CCP §116.540(l))
No formal discovery allowed Evidence is presented informally Cross-examination generally is discouraged Hearsay is admissible (e.g., police accident reports) Bench officer may investigate and consult witnesses informally with or without notice to parties (CCP §116.520(c))
Installment payments Conditional judgments Interest Offsets
Appeal – Trial De Novo in Superior Court
Plaintiff has no right to appeal Defendant must appeal within 30 days Defendant’s insurer may appeal if judgment
Attorneys may appear and may be awarded attorneys’ fees Superior Court judgment is final
Motion to Vacate Request to Correct Request for Order Petition for Writ (from Appellate Division) Satisfaction of Judgment Order to Appear for Examination (OEX)