SB 914, as introduced, Liu. Small claims court.
Existing law generally requires that plaintiffs and defendants in small claims court actions represent themselves, but provides a number of exceptions to this requirement for specified businesses, plaintiffs who are in the military, and defendants who are nonresident owners of property, among others.
This bill would create another exception to that rule by permitting a plaintiff in a small claims action to submit declarations to serve as evidence supporting his or her claim or allow another individual to appear and participate on his or her behalf, if the plaintiff is a senior citizen or dependent adult and appearing for a hearing would pose an undue hardship, as determined by the court, due to limited mobility or limited access to transportation.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 116.540 of the Code of Civil Procedure
2 is amended to read:
(a) Except as permitted by this section, no individual
4other than the plaintiff and the defendant may take part in the
5conduct or defense of a small claims action.
P2 1(b) Except as additionally provided in subdivision (i), a
2corporation may appear and participate in a small claims action
3only through a regular employee, or a duly appointed or elected
4officer or director, who is employed, appointed, or elected for
5purposes other than solely representing the corporation in small
6claims court.
7(c) A party who is not a corporation or a natural person may
8appear and participate in a small claims action only through a
9regular employee, or a duly appointed or elected officer or director,
10or in the case of a
partnership, a partner, engaged for purposes
11other than solely representing the party in small claims court.
12(d) If a party is an individual doing business as a sole
13proprietorship, the party may appear and participate in a small
14claims action by a representative and without personally appearing
15if both of the following conditions are met:
16(1) The claim can be proved or disputed by evidence of an
17account that constitutes a business record as defined in Section
181271 of the Evidence Code, and there is no other issue of fact in
19the case.
20(2) The representative is a regular employee of the party for
21purposes other than solely representing the party in small claims
22actions and is qualified to testify to the identity and mode of
23preparation of the business record.
24(e) A plaintiff is not required to personally appear, and may
25submit declarations to serve as evidence supporting his or her claim
26or allow another individual to appear and participate on his or her
27behalf, if (1) the plaintiff is serving on active duty in the United
28States Armed Forces outside this state, (2) the plaintiff was
29assigned to his or her duty station after his or her claim arose, (3)
30the assignment is for more than six months, (4) the representative
31is serving without compensation, and (5) the representative has
32appeared in small claims actions on behalf of others no more than
33four times during the calendar year. The defendant may file a claim
34in the same action in an amount not to exceed the jurisdictional
35limits stated in Sections 116.220, 116.221, and 116.231.
36(f) A party incarcerated in a county jail, a Department of
37Corrections and Rehabilitation facility, or a Division of Juvenile
38Facilities facility is not
required to personally appear, and may
39submit declarations to serve as evidence supporting his or her
40claim, or may authorize another individual to appear and participate
P3 1on his or her behalf if that individual is serving without
2compensation and has appeared in small claims actions on behalf
3of others no more than four times during the calendar year.
4(g) A defendant who is a nonresident owner of real property
5may defend against a claim relating to that property without
6personally appearing by (1) submitting written declarations to
7serve as evidence supporting his or her defense, (2) allowing
8another individual to appear and participate on his or her behalf if
9that individual is serving without compensation and has appeared
10in small claims actions on behalf of others no more than four times
11during the calendar year, or (3) taking the action described in both
12(1) and (2).
13(h) A
party who is an owner of rental real property may appear
14and participate in a small claims action through a property agent
15under contract with the owner to manage the rental of that property,
16if (1) the owner has retained the property agent principally to
17manage the rental of that property and not principally to represent
18the owner in small claims court, and (2) the claim relates to the
19rental property.
20(i) A party that is an association created to manage a common
21interest development, as defined in Section 4100 or in Sections
226528 and 6534 of the Civil Code, may appear and participate in a
23small claims action through an agent, a management company
24representative, or bookkeeper who appears on behalf of that
25association.
26(j) (1) A plaintiff is not required to personally appear,
and may
27submit declarations to serve as evidence supporting his or her
28claim or allow another individual to appear and participate on
29his or her behalf, if the plaintiff is a senior citizen or dependent
30adult and appearing for a hearing would pose an undue hardship,
31as determined by the court, due to limited mobility or limited access
32to transportation.
33(2) For the purposes of this subdivision, the following definitions
34shall apply:
35(A) “Dependent adult” means a person who is 18 years of age
36or older, who resides in this state, and who has physical or mental
37limitations that restrict his or her ability to carry out normal
38activities or to protect his or her rights, including, but not limited
39to, persons who have physical or developmental disabilities, or
P4 1whose physical or mental abilities have diminished because of
2age.
3(B) “Senior citizen” means a person who is 65 years of age or
4older.
5(j)
end delete
6begin insert(k)end insert At the hearing of a small claims action, the court shall require
7any individual who is appearing as a representative of a party under
8subdivisions (b) tobegin delete (i),end deletebegin insert (j),end insert inclusive, to file a declaration stating
9(1) that the individual is authorized to appear for the party, and (2)
10the basis for that authorization. If the representative is appearing
11under subdivision (b), (c),
(d), (h), or (i), the declaration also shall
12state that the individual is not employed solely to represent the
13party in small claims court. If the representative is appearing under
14subdivision (e), (f),begin delete orend delete (g),begin insert
or (j),end insert the declaration also shall state
15that the representative is serving without compensation, and has
16appeared in small claims actions on behalf of others no more than
17four times during the calendar year.
18(k)
end delete
19begin insert(l)end insert A husband or wife who sues or who is sued with his or her
20spouse may appear and participate on behalf of his or her spouse
21if (1) the claim is a joint claim, (2) the represented spouse has
22given his or her consent, and (3) the court determines that the
23interests of justice would be served.
24(l)
end delete
25begin insert(m)end insert If the court determines that a party cannot properly present
26his or her claim or defense and needs assistance, the court may in
27its discretion allow another individual to assist that party.
28(m)
end delete
29begin insert(n)end insert Nothing in this section shall operate or be construed to
30authorize an attorney to participate in a small claims action except
31as expressly provided in Section 116.530.
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