2005 California Code of Civil Procedure Sections 116.510-116.570 Article 5. Hearing

CODE OF CIVIL PROCEDURE
SECTION 116.510-116.570

116.510.  The hearing and disposition of the small claims action
shall be informal, the object being to dispense justice promptly,
fairly, and inexpensively.
116.520.  (a) The parties have the right to offer evidence by
witnesses at the hearing or, with the permission of the court, at
another time.
   (b) If the defendant fails to appear, the court shall still
require the plaintiff to present evidence to prove his or her claim.
   (c) The court may consult witnesses informally and otherwise
investigate the controversy with or without notice to the parties.
116.530.  (a) Except as permitted by this section, no attorney may
take part in the conduct or defense of a small claims action.
   (b) Subdivision (a) does not apply if the attorney is appearing to
maintain or defend an action in any of the following capacities:
   (1) By or against himself or herself.
   (2) By or against a partnership in which he or she is a general
partner and in which all the partners are attorneys.
   (3) By or against a professional corporation of which he or she is
an officer or director and of which all other officers and directors
are attorneys.
   (c) Nothing in this section shall prevent an attorney from doing
any of the following:
   (1) Providing advice to a party to a small claims action, either
before or after the commencement of the action.
   (2) Testifying to facts of which he or she has personal knowledge
and about which he or she is competent to testify.
   (3) Representing a party in an appeal to the superior court.
   (4) Representing a party in connection with the enforcement of a
judgment.
116.531.  Nothing in this article shall prevent a representative of
an insurer or other expert in the matter before the small claims
court from rendering assistance to a party in the litigation except
during the conduct of the hearing, either before or after the
commencement of the action, unless otherwise prohibited by law; nor
shall anything in this article prevent those individuals from
testifying to facts of which they have personal knowledge and about
which they are competent to testify.
116.540.  (a) Except as permitted by this section, no individual
other than the plaintiff and the defendant may take part in the
conduct or defense of a small claims action.
   (b) Except as additionally provided in subdivision (i), a
corporation may appear and participate in a small claims action only
through a regular employee, or a duly appointed or elected officer or
director, who is employed, appointed, or elected for purposes other
than solely representing the corporation in small claims court.
   (c) A party who is not a corporation or a natural person may
appear and participate in a small claims action only through a
regular employee, or a duly appointed or elected officer or director,
or in the case of a partnership, a partner, engaged for purposes
other than solely representing the party in small claims court.
   (d) If a party is an individual doing business as a sole
proprietorship, the party may appear and participate in a small
claims action by a representative and without personally appearing if
both of the following conditions are met:
   (1) The claim can be proved or disputed by evidence of an account
that constitutes a business record as defined in Section 1271 of the
Evidence Code, and there is no other issue of fact in the case.
   (2) The representative is a regular employee of the party for
purposes other than solely representing the party in small claims
actions and is qualified to testify to the identity and mode of
preparation of the business record.
   (e) A plaintiff is not required to personally appear, and may
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 (1) the plaintiff is serving on active duty in the United
States Armed Forces outside this state, (2) the plaintiff was
assigned to his or her duty station after his or her claim arose, (3)
the assignment is for more than six months, (4) the representative
is serving without compensation, and (5) the representative has
appeared in small claims actions on behalf of others no more than
four times during the calendar year. The defendant may file a claim
in the same action in an amount not to exceed the jurisdictional
limits stated in Sections 116.220 and 116.231.
   (f) A party incarcerated in a county jail, a Department of
Corrections facility, or a Youth Authority facility is not required
to personally appear, and may submit declarations to serve as
evidence supporting his or her claim, or may authorize another
individual to appear and participate on his or her behalf if that
individual is serving without compensation and has appeared in small
claims actions on behalf of others no more than four times during the
calendar year.
   (g) A defendant who is a nonresident owner of real property may
defend against a claim relating to that property without personally
appearing by (1) submitting written declarations to serve as evidence
supporting his or her defense, (2) allowing another individual to
appear and participate on his or her behalf if that individual is
serving without compensation and has appeared in small claims actions
on behalf of others no more than four times during the calendar
year, or (3) taking the action described in both (1) and (2).
   (h) A party who is an owner of rental real property may appear and
participate in a small claims action through a property agent under
contract with the owner to manage the rental of that property, if (1)
the owner has retained the property agent principally to manage the
rental of that property and not principally to represent the owner in
small claims court, and (2) the claim relates to the rental
property.
   (i) A party that is an association created to manage a common
interest development, as defined in Section 1351 of the Civil Code,
may appear and participate in a small claims action through an agent,
a management company representative, or bookkeeper who appears on
behalf of that association.
   (j) At the hearing of a small claims action, the court shall
require any individual who is appearing as a representative of a
party under subdivisions (b) to (i), inclusive, to file a declaration
stating (1) that the individual is authorized to appear for the
party, and (2) the basis for that authorization. If the
representative is appearing under subdivision (b), (c), (d), (h), or
(i), the declaration also shall state that the individual is not
employed solely to represent the party in small claims court. If the
representative is appearing under subdivision (e), (f), or (g), the
declaration also shall state that the representative is serving
without compensation, and has appeared in small claims actions on
behalf of others no more than four times during the calendar year.
   (k) A husband or wife who sues or who is sued with his or her
spouse may appear and participate on behalf of his or her spouse if
(1) the claim is a joint claim, (2) the represented spouse has given
his or her consent, and (3) the court determines that the interests
of justice would be served.
   (l) If the court determines that a party cannot properly present
his or her claim or defense and needs assistance, the court may in
its discretion allow another individual to assist that party.
   (m) Nothing in this section shall operate or be construed to
authorize an attorney to participate in a small claims action except
as expressly provided in Section 116.530.
116.541.  (a) Notwithstanding Section 116.540 or any other provision
of law, the Department of Corrections or the Department of the Youth
Authority may appear and participate in a small claims action
through a regular employee, who is employed or appointed for purposes
other than solely representing that department in small claims
court.
   (b) Where the Department of Corrections or the Department of the
Youth Authority is named as a defendant in small claims court, the
representative of the department is not required to personally appear
  to challenge the plaintiff's compliance with the pleading
requirements and may submit pleadings or declarations to assert that
challenge.
   (c) At the hearing of a small claims action, the court shall
require any individual who is appearing as a representative of the
Department of Corrections or the Department of the Youth Authority
under subdivision (a) to file a declaration stating (1) that the
individual is authorized to appear for the party, (2) the basis for
that authorization, and (3) that the individual is not employed
solely to represent the party in small claims court.
   (d) Nothing in this section shall operate or be construed to
authorize an attorney to participate in a small claims action except
as expressly provided in Section 116.530.
   (e) For purposes of this section, all references to the Department
of Corrections or the Department of the Youth Authority include an
employee thereof, against whom a claim has been filed under this
chapter arising out of his or her duties as an employee of that
department.
116.550.  (a) If the court determines that a party does not speak or
understand English sufficiently to comprehend the proceedings or
give testimony, and needs assistance in so doing, the court may
permit another individual (other than an attorney) to assist that
party.
   (b) Each small claims court shall make a reasonable effort to
maintain and make available to the parties a list of interpreters who
are able and willing to aid parties in small claims actions either
for no fee, or for a fee which is reasonable considering the nature
and complexity of the claims.  The list shall include interpreters
for all languages that require interpretation before the court, as
determined by the court in its discretion and in view of the court's
experience.
   (c) Failure to maintain a list of interpreters, or failure to
include an interpreter for a particular language, shall not
invalidate any proceedings before the court.
   (d) If a court interpreter or other competent interpreter is not
available to aid a party in a small claims action, at the first
hearing of the case the court shall postpone the hearing one time
only to allow the party the opportunity to obtain another individual
(other than an attorney) to assist that party.  Any additional
continuances shall be at the discretion of the court.
116.560.  (a) Whenever a claim that is filed against a person
operating or doing business under a fictitious business name relates
to the defendant's business, the court shall inquire at the time of
the hearing into the defendant's correct legal name and the name or
names under which the defendant does business.  If the correct legal
name of the defendant, or the name actually used by the defendant, is
other than the name stated on the claim, the court shall amend the
claim to state the correct legal name of the defendant, and the name
or names actually used by the defendant.
   (b) The plaintiff may request the court at any time, whether
before or after judgment, to amend the plaintiff's claim or judgment
to include both the correct legal name and the name or names actually
used by the defendant.  Upon a showing of good cause, the court
shall amend the claim or judgment to state the correct legal name of
the defendant, and the name or names actually used by the defendant.
   (c) For purposes of this section, "fictitious business name" means
the term as defined in Section 17900 of the Business and Professions
Code.
116.570.  (a) Any party may submit a written request to postpone a
hearing date for good cause.
   (1) The written request may be made either by letter or on a form
adopted or approved by the Judicial Council.
   (2) The request shall be filed at least 10 days before the hearing
date, unless the court determines that the requesting party has good
cause to file the request at a later date.
   (3) On the date of making the written request, the requesting
party shall mail or personally deliver a copy to each of the other
parties to the action.
   (4) (A) If the court finds that the interests of justice would be
served by postponing the hearing, the court shall postpone the
hearing, and shall notify all parties by mail of the new hearing
date, time, and place.
   (B) On one occasion, upon the written request of a defendant
guarantor, the court shall postpone the hearing for at least 30 days,
and the court shall take this action without a hearing.  This
subparagraph does not limit the discretion of the court to grant
additional postponements under subparagraph (A).
   (5) The court shall provide a prompt response by mail to any
person making a written request for postponement of a hearing date
under this subdivision.
   (b) If service of the claim and order upon the defendant is not
completed within the number of days before the hearing date required
by subdivision (b) of Section 116.340, and the defendant has not
personally appeared and has not requested a postponement, the court
shall postpone the hearing for at least 15 days.  If a postponement
is ordered under this subdivision, the clerk shall promptly notify
all parties by mail of the new hearing date, time, and place.
   (c) This section  does not limit the inherent power of the court
to order postponements of hearings in appropriate circumstances.
   (d) A fee of ten dollars ($10) shall be charged and collected for
the filing of a request for postponement and rescheduling of a
hearing date after timely service pursuant to subdivision (b) of
Section 116.340 has been made upon the defendant.


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