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SB-1771 Small claims court.(1993-1994)

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SB1771:v97#DOCUMENT

Senate Bill No. 1771
CHAPTER 231

An act to amend Section 116.420 of the Code of Civil Procedure, relating to small claims court.

[ Filed with Secretary of State  July 18, 1994. Approved by Governor  July 15, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1771, Alquist. Small claims court.
Existing law prohibits, with certain exceptions, the filing or maintenance of a claim in small claims court by the assignee of the claim.
This bill would provide an exception from that provision for local governments that are self-insured for purposes of workers’ compensation and seeking subrogation, as specified.

The people of the State of California do enact as follows:


SECTION 1.

 Section 116.420 of the Code of Civil Procedure is amended to read:

116.420.
 (a)  No claim shall be filed or maintained in small claims court by the assignee of the claim.
(b)  This section does not prevent the filing or defense of an action in the small claims court by (1) a trustee in bankruptcy in the exercise of the trustee’s duties as trustee, or (2) by the holder of a security agreement, retail installment contract, or lien contract subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the Automobile Sales Finance Act (Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code), purchased by the holder for the holder’s portfolio of investments, provided that the holder is not an assignee for the purpose of collection.
(c)  This section does not prevent the filing in small claims court by a local government which is self-insured for purposes of workers’ compensation and is seeking subrogation pursuant to Section 3852 of the Labor Code.