Code Section Group

Code of Civil Procedure - CCP

PART 1. OF COURTS OF JUSTICE [35 - 286]

  ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. )

TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155]

  ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. )

CHAPTER 5.5. Small Claims Court [116.110 - 116.950]

  ( Chapter 5.5 repealed (as Chapter 5A) and added by Stats. 1990, Ch. 1305, Sec. 3. )

ARTICLE 4. Parties [116.410 - 116.430]
  ( Article 4 added by Stats. 1990, Ch. 1305, Sec. 3. )

116.410.
  

(a) Any person who is at least 18 years of age, or legally emancipated, and mentally competent may be a party to a small claims action.

(b) A minor or incompetent person may appear by a guardian ad litem appointed by a judge of the court in which the action is filed.

(Amended by Stats. 2004, Ch. 171, Sec. 1. Effective January 1, 2005.)

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.

(Amended by Stats. 1994, Ch. 231, Sec. 1. Effective January 1, 1995.)

116.430.
  

(a) If the plaintiff operates or does business under a fictitious business name and the claim relates to that business, the claim shall be accompanied by the filing of a declaration stating that the plaintiff has complied with the fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required.

(b) A small claims action filed by a person who has not complied with the applicable fictitious business name laws by executing, filing, and publishing a fictitious business name statement as required shall be dismissed without prejudice.

(c) For purposes of this section, “fictitious business name” means the term as defined in Section 17900 of the Business and Professions Code, and “fictitious business name statement” means the statement described in Section 17913 of the Business and Professions Code.

(Amended by Stats. 1991, Ch. 915, Sec. 12.)

CCPCode of Civil Procedure - CCP4.