California Laws|Section 116.220.

                                                

116.220.  

(a) The small claims court has jurisdiction in the following actions:

(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).

(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed
six thousand two hundred fifty dollars ($6,250), if the legality of the tax is not contested by the defendant.

(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed six thousand two hundred fifty dollars ($6,250).

(4) To confirm, correct, or vacate a fee arbitration award not exceeding
six thousand two hundred fifty dollars ($6,250) between an attorney and client that is binding or has become binding, or to conduct a hearing de novo between an attorney and client after nonbinding arbitration of a fee dispute involving no more than six thousand two hundred fifty dollars ($6,250) in controversy, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code.

(5) For an injunction or other equitable relief only when a statute expressly authorizes a small claims court to award that relief.

(b) In any action seeking relief authorized by
paragraphs (1) to (4), inclusive, of subdivision (a), the court may grant equitable relief in the form of rescission, restitution, reformation, and specific performance, in lieu of, or in addition to, money damages. The court may issue a conditional judgment. The court shall retain jurisdiction until full payment and performance of any judgment or order.

(c) Notwithstanding subdivision (a), the small claims court has jurisdiction over a defendant guarantor as follows:

(1) For any action brought by a natural person against the Registrar of the Contractors State License Board as the defendant guarantor, the small claims jurisdictional limit stated in Section 116.221 shall
apply.

(2) For any action against a defendant guarantor that does not charge a fee for its guarantor or surety services, if the amount of the demand does not exceed three thousand one hundred twenty-five dollars ($3,125).

(3) For any action brought by a natural person against a defendant guarantor that charges a fee for its guarantor or surety services, if the amount of the demand does not exceed
eight thousand one hundred twenty-five dollars ($8,125).

(4) For any action brought by an entity other than a natural person against a defendant guarantor that charges a fee for its guarantor or surety services or against the Registrar of the Contractors State License Board as the defendant guarantor, if the amount of the demand does not exceed five thousand dollars ($5,000).

(d) In any case in which the lack of
jurisdiction is due solely to an excess in the amount of the demand, the excess may be waived, but any waiver is not operative until judgment.

(e) Notwithstanding subdivision (a), in any action filed by a plaintiff incarcerated in a Department of Corrections and Rehabilitation facility, the small claims court has jurisdiction over a defendant only if the plaintiff has alleged in the complaint that the plaintiff has exhausted the plaintiff’s administrative remedies against that department, including compliance with Sections 905.2 and 905.4 of the Government Code. The final administrative adjudication or determination of the plaintiff’s administrative claim by the department may be attached to the complaint at the time of filing in lieu of that allegation.

(f) In any action governed by subdivision (e), if the plaintiff fails to provide proof of compliance with the requirements of
subdivision (e) at the time of trial, the judicial officer shall, at the plaintiff’s discretion, either dismiss the action or continue the action to give the plaintiff an opportunity to provide that proof.

(g) For purposes of this section, “department” includes an employee of a department against whom a claim has been filed under this chapter arising out of an employee’s duties as an employee of that department.

(Amended by Stats. 2023, Ch. 861, Sec. 5. (SB 71) Effective January 1, 2024.)

View Latest Rulings

Prayer for Relief section 1 seeks damages of $130,000, which exceeds the jurisdictional limits of Civil Code section 116.220 and 116.221. The complaint was therefore properly filed without any required certificate. Regardless, paragraph 121 of the complaint alleges the attempt to initiated mediation, but due to HOA inaction, no such mediation occurred. The court otherwise finds no noticed or supported challenge to the individual causes of action, and declines to address the opposition points on this.

  • Name

    SMART BEARS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS SKYVIEW HOMES, INC., A CALIFORNIA NONPROFIT CORPORATION, ET AL.

  • Case No.

    22CHCV00170

  • Hearing

    Aug 15, 2022

  • County

    Los Angeles County, CA

Regarding the jurisdictional argument, Defendants point to Code of Civil Procedure section 116.223, which states in relevant part: Notwithstanding paragraph (1) of subdivision (a) Section 116.220, Section 116.221, or any other law, the small claims court has jurisdiction in any action for recovery of COVID-19 rental debt, as defined in Section 1179.02, and any defenses thereto, regardless of the amount demanded. (Code Civ. Proc., § 116.223, subd. (b)(1).)

  • Case No.

    22STLC04924

  • Hearing

    Dec 18, 2023

  • Judge

    Echo Dawn Ryan

  • County

    Los Angeles County, CA

(b)(1) Notwithstanding paragraph (1) of subdivision (a) Section 116.220, Section 116.221, or any other law, the small claims court has jurisdiction in any action for recovery of COVID-19 rental debt, as defined in Section 1179.02, and any defenses thereto, regardless of the amount demanded.

  • Name

    LEE VS BARBIER

  • Case No.

    RG20079393

  • Hearing

    Feb 18, 2021

Under Civil Code § 1950.5(n), “[a]n action under this section may be maintained in small claims court if the damages claimed, whether actual, statutory, or both, are within the jurisdictional amount allowed by Section 116.220 or 116.221 of the Code of Civil Procedure.” Here, plaintiffs request return of the $9,600 security deposit and a bad faith damage award of $19,200, twice the security deposit for bad faith retention of the deposit under Civil Code § 1950.5(l), for a total of $28,800.

  • Name

    ALEX CHIVIDIAN, ET AL. VS PRASANNA SILVA, TRUSTEE OF THE PRASANNA SILVA 2003 LIVING TRUST DATED JULY 10, 2003

  • Case No.

    20GDCV00286

  • Hearing

    Sep 04, 2020

Under CCP section 116.220, governing the jurisdiction of the small claims court, there is no provision for a claim for declaratory relief. The section allows the court in connection with a claim for recovery of money to grant equitable relief in the form of rescission, restitution, reformation and specific performance, in lieu of, or in addition to money damages. CCP section 116.220.

  • Name

    EXCELSIOR AT THE AMERICANA AT BRAND HOMEOWNERS' ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION VS PAUL VAN RICHTER, INDIVIDUALLY, ET AL.

  • Case No.

    22GDCV00026

  • Hearing

    Jul 14, 2023

  • County

    Los Angeles County, CA

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View Latest Dockets

Filed

Oct 08, 2019

Status

Default Judgment

Judge

Hon. Richard F. Walmark Trellis Spinner 👉 Discover key insights by exploring more analytics for Richard F. Walmark

Court

Van Nuys East

County

Los Angeles County, CA

Category

Small Claims (Limited Jurisdiction)

Practice Area

Small Claims

Matter Type

General Small Claims

Filed

May 21, 2008

Status

Non-Jury Verdict

Judge

Hon. CONVERSION, JUDGE

Court

Fresno County

County

Fresno County, CA

Practice Area

Small Claims

Matter Type

General Small Claims

Filed

Dec 08, 2008

Status

Dismissal

Judge

Hon. Katz, Steven M. Trellis Spinner 👉 Discover key insights by exploring more analytics for Katz, Steven M.

Court

Kern County

County

Kern County, CA

Practice Area

Torts

Matter Type

Economic Torts

13 Files
Filed

Mar 09, 2022

Status

Appealed

Judge

Hon. David J. Cowan Trellis Spinner 👉 Discover key insights by exploring more analytics for David J. Cowan

Court

Stanley Mosk

County

Los Angeles County, CA

Category

Small Claims (Limited Jurisdiction)

Practice Area

Small Claims

Matter Type

General Small Claims

Filed

Aug 25, 2006

Status

Judgment (Other)

Judge

Hon. Errea, Larry A. Trellis Spinner 👉 Discover key insights by exploring more analytics for Errea, Larry A.

Court

Kern County

County

Kern County, CA

Practice Area

Small Claims

Matter Type

General Small Claims

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Northwest District, Van Nuys Courthouse East, Department H 22VESC00770 December 29, 2022 SANDY MARCHAND vs LIEBOBUILDERS 4:06 PM Judge: Honorable Michael R. Amerian CSR: None Judicial Assistant: R. Karapetyan ERM: …

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