Hearings in Small Claims Court

Code of Civil Procedure Part 1, Title 1, Chapter 5.5, Article 5 deals with hearings in small claims courts. Section 116.510 requires the hearing and disposition of the small claims action to be informal, the object being to dispense justice promptly, fairly, and inexpensively.

Section 116.520 provides the parties have the right to offer evidence by witnesses at the hearing or, with the permission of the court, at another time. If the defendant fails to appear, the court must still require the plaintiff to present evidence to prove his or her claim.

Section 116.530 specifies that no attorney may take part in the conduct or defense of a small claims action. But that does not apply if the attorney is appearing to maintain or defend an action in any of three specified capacities. Nothing in this section prevents an attorney from doing any of four specified acts.

Section 116.531 says that nothing in this article prevents a representative of an insurer or other expert in the matter before the small claims court from rendering assistance to a party in the litigation, with exceptions.

Section 116.540 provides that no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action. 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.

A plaintiff who is a service member is not required to personally appear, and may submit declarations to serve as evidence supporting their claim, appear via video appearance, or allow another individual to appear and participate on their behalf, if the service member is assigned to a location more than 100 miles from the court where the action is proceeding, or is otherwise unable to personally appear due to the performance of military duty.

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 it.

A defendant who is a nonresident owner of real property may defend against a claim relating to that property without personally appearing by submitting written declarations to serve as evidence supporting their defense, allowing another individual to appear and participate on their 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.

Similar rules are set forth for a party who is an owner of rental real property and a party that is an association created to manage a common interest development. At the hearing of a small claims action, the court must require individuals who are appearing as a representative of a party to file a declaration stating specified information.

Section 116.541 allows the Department of Corrections or the Department of the Youth Authority to appear and participate in a small claims action through a regular employee, who is employed or appointed for purposes other than solely representing that department in small claims court.

At the hearing of a small claims action, the court must require any individual who is appearing as a representative of the Department of Corrections or the Department of the Youth Authority to file a declaration stating specified information.

Section 116.560 provides, whenever a claim that is filed against a person operating or doing business under a fictitious business name relates to the defendant’s business, the court must inquire at the time of the hearing into the defendant’s correct legal name and the name or names under which the defendant does business. If the correct legal name of the defendant, or the name actually used by the defendant, is other than the name stated on the claim, the court amends the claim to state the correct legal name of the defendant, and the name or names actually used by the defendant.

Section 116.570 authorizes any party to submit a written request to postpone a hearing date for good cause. The written request may be made either by letter or on a form adopted or approved by the Judicial Council. The request must be filed at least 10 days before the hearing date, unless the court determines that the requesting party has good cause to file the request at a later date.

On the date of making the written request, the requesting party mails or personally delivers a copy to each of the other parties to the action. If the court finds that the interests of justice would be served by postponing the hearing, the court postpones the hearing, and notifies all parties by mail of the new hearing date, time, and place.

The court is required to provide a prompt response by mail to any person making a written request for postponement of a hearing date under this subdivision. If service of the claim and order upon the defendant is not completed within the number of days before the hearing date required, then the court is required to postpone the hearing for at least 15 days. 

This section does not limit the inherent power of the court to order postponements of hearings in appropriate circumstances. A fee of $10 is charged and collected for the filing of a request for postponement and rescheduling of a hearing date after timely service has been made upon the defendant.