2005 California Code of Civil Procedure Sections 116.310-116.390 Article 3. Actions

116.310.  (a) No formal pleading, other than the claim described in
Section 116.320 or 116.360, is necessary to initiate a small claims
action.
   (b) The pretrial discovery procedures described in Section
2019.010 are not permitted in small claims actions.
116.320.  (a) A plaintiff may commence an action in the small claims
court by filing a claim under oath with the clerk of the small
claims court in person or by mail.
   (b) The claim form shall be a simple nontechnical form approved or
adopted by the Judicial Council.   The claim form shall set forth a
place for (1) the name and address of the defendant, if known; (2)
the amount and the basis of the claim; (3) that the plaintiff, where
possible, has demanded payment and, in applicable cases, possession
of the property; (4) that the defendant has failed or refused to pay,
and, where applicable, has refused to surrender the property; and
(5) that the plaintiff understands that the judgment on his or her
claim will be conclusive and without a right of appeal.
   (c) The form or accompanying instructions shall include
information that the plaintiff (1) may not be represented by an
attorney, (2) has no right of appeal, and (3) may ask the court to
waive fees for filing and serving the claim on the ground that the
plaintiff is unable to pay  them, using the forms approved by the
Judicial Council for that purpose.
116.330.  (a) When a claim is filed, the clerk shall schedule the
case for hearing and shall issue an order directing the parties to
appear at the time set for the hearing with witnesses and documents
to prove their claim or defense. The case shall be scheduled for
hearing no earlier than 20 days but not more than 70 days from the
date of the order.
   (b) In lieu of the method of setting the case for hearing
described in subdivision (a), at the time a claim is filed the clerk
may do all of the following:
   (1) Cause a copy of the claim to be mailed to the defendant by any
form of mail providing for a return receipt.
   (2) On receipt of proof that the claim was served as provided in
paragraph (1), issue an order scheduling the case for hearing in
accordance with subdivision (a) and directing the parties to appear
at the time set for the hearing with witnesses and documents to prove
their claim or defense.
   (3) Cause a copy of the order setting the case for hearing and
directing the parties to appear, to be served upon the parties by any
form of mail providing for a return receipt.
116.340.  (a) Service of the claim and order on the defendant may be
made by any one of the following methods:
   (1) The clerk may cause a copy of the claim and order to be mailed
to the defendant by any form of mail providing for a return receipt.
   (2) The plaintiff may cause a copy of the claim and order to be
delivered to the defendant in person.
   (3) The plaintiff may cause service of a copy of the claim and
order to be made by substituted service as provided in subdivision
(a) or (b) of Section 415.20 without the need to attempt personal
service on the defendant. For these purposes, substituted service as
provided in subdivision (b) of Section 415.20 may be made at the
office of the sheriff or marshal who shall deliver a copy of the
claim and order to any person authorized by the defendant to receive
service, as provided in Section 416.90, who is at least 18 years of
age, and thereafter mailing a copy of the claim and order to the
defendant's usual mailing address.
   (4) The clerk may cause a copy of the claim to be mailed, the
order to be issued, and a copy of the order to be mailed as provided
in subdivision (b) of Section 116.330.
   (b) Service of the claim and order on the defendant shall be
completed at least 15 days before the hearing date if the defendant
resides within the county in which the action is filed, or at least
20 days before the hearing date if the defendant resides outside the
county in which the action is filed.
   (c) Proof of service of the claim and order shall be filed with
the small claims court at least five days before the hearing.
   (d) Service by the methods described in subdivision (a) shall be
deemed complete on the date that the defendant signs the mail return
receipt, on the date of the personal service, as provided in Section
415.20, or as established by other competent evidence, whichever
applies to the method of service used.
   (e) Service shall be made within this state, except as provided in
subdivisions (f) and (g).
   (f) The owner of record of real property in California who resides
in another state and who has no lawfully designated agent in
California for service of process may be served by any of the methods
described in this section if the claim relates to that property.
   (g) A nonresident owner or operator of a motor vehicle involved in
an accident within this state may be served pursuant to the
provisions on constructive service in Sections 17450 to 17461,
inclusive, of the Vehicle Code without regard to whether the
defendant was a nonresident at the time of the accident or when the
claim was filed. Service shall be made by serving both the Director
of the California Department of Motor Vehicles and the defendant, and
may be made by any of the methods authorized by this chapter or by
registered mail as authorized by Section 17454 or 17455 of the
Vehicle Code.
   (h) If an action is filed against a principal and his or her
guaranty or surety pursuant to a guarantor or suretyship agreement, a
reasonable attempt shall be made to complete service on the
principal. If service is not completed on the principal, the action
shall be transferred to the court of appropriate jurisdiction.
116.360.  (a) The defendant may file a claim against the plaintiff
in the same action in an amount not to exceed the jurisdictional
limits stated in Sections 116.220 and 116.231.  The claim need not
relate to the same subject or event as the plaintiff's claim.
   (b) The defendant's claim shall be filed and served in the manner
provided for filing and serving a claim of the plaintiff under
Sections 116.330 and 116.340.
   (c) The defendant shall cause a copy of the claim and order to be
served on the plaintiff at least five days before the hearing date,
unless the defendant was served 10 days or less before the hearing
date, in which event the defendant shall cause a copy of the
defendant's claim and order to be served on the plaintiff at least
one day before the hearing date.
116.370.  (a) Venue and court location requirements in small claims
actions shall be the same as in other civil actions.  The court may
prescribe by local rule the proper court locations for small claims
actions.
   (b) A defendant may challenge venue or court location by writing
to the court and mailing a copy of the challenge to each of the other
parties to the action, without personally appearing at the hearing.
   (c) In all cases, including those in which the defendant does not
either challenge venue or court location or appear at the hearing,
the court shall inquire into the facts sufficiently to determine
whether venue and court location are proper, and shall make its
determination accordingly.
   (1) If the court determines that the action was not commenced in
the proper venue, the court, on its own motion, shall dismiss the
action without prejudice, unless all defendants are present and agree
that the action may be heard.  If the court determines that the
action was not commenced in the proper court location, the court may
transfer the action to a proper location pursuant to local rule.
   (2) If the court determines that the action was commenced in the
proper venue and court location, the court may hear the case if all
parties are present.  If the defendant challenged venue or court
location and all parties are not present, the court shall postpone
the hearing for at least 15 days and shall notify all parties by mail
of the court's decision and the new hearing date, time, and place.
116.390.  (a) If a defendant has a claim against a plaintiff that
exceeds the jurisdictional limits stated in Sections 116.220 and
116.231, and the claim relates to the contract, transaction, matter,
or event which is the subject of the plaintiff's claim, the defendant
may commence an action against the plaintiff in a court of competent
jurisdiction and request the small claims court to transfer the
small claims action to that court.
   (b) The defendant may make the request by filing with the small
claims court in which the plaintiff commenced the action, at or
before the time set for the hearing of that action, a declaration
stating the facts concerning the defendant's action against the
plaintiff with a true copy of the complaint so filed by the defendant
against the plaintiff. The defendant shall cause a copy of the
declaration and complaint to be personally delivered to the plaintiff
at or before the time set for the hearing of the small claims
action.
   (c) In ruling on a motion to transfer, the small claims court may
do any of the following: (1) render judgment on the small claims case
prior to the transfer; (2) not render judgment and transfer the
small claims case; (3) refuse to transfer the small claims case on
the grounds that the ends of justice would not be served. If the
small claims action is transferred prior to judgment, both actions
shall be tried together in the transferee court.
   (d) When the small claims court orders the action transferred, it
shall transmit all files and papers to the transferee court.
   (e) The plaintiff in the small claims action shall not be required
to pay to the clerk of the transferee court any transmittal,
appearance, or filing fee unless the plaintiff appears in the
transferee court, in which event the plaintiff shall be required to
pay the filing fee and any other fee required of a defendant in the
transferee court.  However, if the transferee court rules against the
plaintiff in the action filed in that court, the court may award to
the defendant in that action the costs incurred as a consequence of
the transfer, including attorney's fees and filing fees.