BILL NUMBER: SB 221	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 31, 2011
	PASSED THE ASSEMBLY  JUNE 27, 2011
	AMENDED IN SENATE  MAY 19, 2011
	AMENDED IN SENATE  MAY 17, 2011
	AMENDED IN SENATE  MAY 2, 2011

INTRODUCED BY   Senator Simitian

                        FEBRUARY 9, 2011

   An act to amend and repeal Section 116.221 of, and to add and
repeal Section 116.224 of, the Code of Civil Procedure, relating to
small claims court.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 221, Simitian. Small claims court: jurisdiction.
   Existing law specifies that the jurisdiction of the small claims
court includes various actions in which the demand does not exceed
$7,500, with specified exceptions.
   This bill would increase the jurisdiction of the small claims
court by increasing that amount to $10,000, except as specified. The
bill, until January 1, 2015, would confer jurisdiction on the small
claims court in an action brought for damages for bodily injuries
resulting from an automobile accident if the demand does not exceed
$7,500, and the defendant is covered by an insurance policy that
includes a duty to defend. The bill would also make a technical
change by deleting a duplicate code section that contains identical
provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 116.221 of the Code of Civil Procedure, as
added by Section 2 of Chapter 600 of the Statutes of 2005, is amended
to read:
   116.221.  In addition to the jurisdiction conferred by Section
116.220, the small claims court has jurisdiction in an action brought
by a natural person, if the amount of the demand does not exceed ten
thousand dollars ($10,000), except for actions specified in Section
116.224, or otherwise prohibited by subdivision (c) of Section
116.220 or subdivision (a) of Section 116.231.
  SEC. 2.  Section 116.221 of the Code of Civil Procedure, as added
by Section 2 of Chapter 618 of the Statutes of 2005, is repealed.
  SEC. 3.  Section 116.224 is added to the Code of Civil Procedure,
to read:
   116.224.  (a) Notwithstanding Section 116.221, the small claims
court has jurisdiction in an action brought by a natural person for
damages for bodily injuries resulting from an automobile accident if
the amount of the demand does not exceed seven thousand five hundred
dollars ($7,500).
   (b) This section shall apply only if a defendant is covered by an
automobile insurance policy that includes a duty to defend.
   (c) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.