BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AB 712
Assemblymember Evans
As Amended April 13, 2009
Hearing Date: June 9, 2009
Code of Civil Procedure
ADM
SUBJECT
Small Claims Court Jurisdiction: Equitable Relief
DESCRIPTION
This bill would clarify that a small claims court has
jurisdiction over an action for an injunction or other equitable
relief only when a statute expressly authorizes a small claims
court to award that relief. This bill would provide that
nothing in the Small Claims Act (SCA) is intended to expand, or
to encourage the expansion of, the jurisdiction of the small
claims court.
BACKGROUND
The SCA established a small claims division in each superior
court in the state in order to resolve minor civil disputes in
an expeditious, inexpensive, and fair manner. (Code Civ. Proc.
Sec. 116.110 et seq.) The SCA provides that the small claims
court has jurisdiction over civil actions seeking certain forms
of relief, including money damages in specified amounts. The
SCA also provides that the court, in actions brought under the
SCA, may grant equitable relief in lieu of or in addition to
money damages. However, the SCA does not specifically address
actions brought in small claims court under statutes other than
the SCA, when those statutes provide for equitable relief in
small claims court if the amount in controversy meets the small
claims court jurisdictional limits. This bill would clarify
that small claims courts may award equitable relief in such
actions.
CHANGES TO EXISTING LAW
(more)
AB 712 (Evans)
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Existing law provides that the small claims court has
jurisdiction in an action brought by a natural person if the
amount of the demand does not exceed $7,500. The jurisdictional
limit for all other entities, except as specified, is $5,000.
(Code Civ. Proc. Secs. 116.220, 116.221.)
Existing law provides that, in any small claims action seeking
money damages, 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.
(Code Civ. Proc. Sec. 116.220.)
This bill would provide that the small claims court has
jurisdiction over an action for an injunction or other equitable
relief only when a statute expressly authorizes a small claims
court to award that relief.
This bill would provide that nothing in the SCA is intended to
expand, or to encourage the expansion of, the jurisdiction of
the small claims court.
COMMENT
1. Stated need for the bill
The author writes:
Under current law, various statutes grant a person the right
to seek declaratory or injunctive relief in small claims
court, but the Small Claims Act does not provide the explicit
authority to order such relief. For example, subdivision (f)
of Section 1365.2 of the Civil Code authorizes a person to
bring an action in small claims court to inspect and copy
homeowner association-related records. An action to enforce
the right to inspect and copy records would be an action for
injunctive or declaratory relief. Similarly, subdivision (c)
of Section 1363.09 of the Civil Code allows injunctive relief
actions regarding association-related elections to be brought
in small claims court if the amount of the demand does not
exceed the jurisdiction of that court.
Unfortunately, the Small Claims Act does not currently contain
a catch-all provision that specifically authorizes the small
claims court to order equitable relief in cases where such
relief has been made available through other statutes. This
bill would, without expanding the jurisdiction of the court,
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provide the necessary clarification.
2. Statutes which provide for equitable relief and small
claims court jurisdiction are not specifically referenced in
the SCA; this bill would do so, thus clarifying the small
claims court jurisdiction
This bill would allow small claims courts to provide injunctive
or other equitable relief in cases brought in small claims court
based upon statutes other than the SCA that specifically provide
for equitable relief and small claims court jurisdiction if the
demand meets the small claims court jurisdictional limits. The
SCA provides that the court may grant equitable relief in
various forms in lieu of or in addition to money damages in an
action brought under the SCA. However, the SCA does not
specifically address actions brought in small claims court based
upon statutes other than the SCA.
The Judicial Council (JC) states that this bill would "clarify
the jurisdiction of the small claims court and avoid improper
dismissals of cases where statutes other than the Small Claims
Act have specifically authorized actions for injunctive or other
forms of relief to be brought in court." The JC also states
that AB 712 responds to concerns raised by some small claims
advisors and self-help advocates that pro tem small claims
officers in several superior courts were reportedly improperly
rejecting injunctive relief actions brought under the
Davis-Stirling Common Interest Development Law because the SCA
does not specifically authorize that relief. As the author
notes, two examples of the need for the bill are two sections of
the common interest development law. The JC also underscores
that this bill would not in any way expand or encourage the
expansion of small claims court jurisdiction.
Support : The Judicial Council; California Rural Legal
Assistance Foundation; American Federation of State, County, and
Municipal Employees; Consumer Attorneys of California;
California Alliance for Retired Americas
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation : None Known
AB 712 (Evans)
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Prior Legislation : None Known
Prior Vote :
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Floor (Ayes 77, Noes 0)
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