BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 712|
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CONSENT
Bill No: AB 712
Author: Evans (D)
Amended: 4/13/09 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/9/09
AYES: Corbett, Harman, Florez, Leno, Walters
ASSEMBLY FLOOR: 77-0, 4/27/09 (Consent) See last page for
vote
SUBJECT : Small claims court: equitable relief
SOURCE : Author
DIGEST : This bill clarifies 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
provides that nothing in the Small Claims Act is intended
to expand, or to encourage the expansion of, the
jurisdiction of the small claims court.
ANALYSIS :
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 of Civil Procedure Sections
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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 of Civil Procedure Section 116.220.)
This bill provides 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 provides 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 of Civil Procedure Section 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 clarifies that small claims courts may award equitable
relief in such actions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/10/09)
American Federation of State, County, and Municipal
Employees
California Alliance for Retired Americas
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California Rural Legal Assistance Foundation
Consumer Attorneys of California
The Judicial Council
ARGUMENTS IN SUPPORT : The author's office states, under
current law, various statutes grant a person the right to
seek declaratory or injunctive relief in small claims
court, but the SCA 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, without expanding the jurisdiction of
the court, provides the necessary clarification.
ARGUMENTS IN OPPOSITION :
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, B.
Berryhill, T. Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, De Vore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielson, J. Perez, V.M. Perez, Portantino, Price,
Ruskin, Salas, Silva, Skinner, Smyth, Solorio,
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
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Villines, Yamada, Bass
RJG:do 6/10/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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