2009 California Code of Civil Procedure - Section 116.410-116.430 :: Article 4. Parties

CODE OF CIVIL PROCEDURE
SECTION 116.410-116.430

116.410.  (a) Any person who is at least 18 years of age, or legally
emancipated, and mentally competent may be a party to a small claims
action.
   (b) A minor or incompetent person may appear by a guardian ad
litem appointed by a judge of the court in which the action is filed.

116.420.  (a) No claim shall be filed or maintained in small claims
court by the assignee of the claim.
   (b) This section does not prevent the filing or defense of an
action in the small claims court by (1) a trustee in bankruptcy in
the exercise of the trustee's duties as trustee, or (2) by the holder
of a security agreement, retail installment contract, or lien
contract subject to the Unruh Act (Chapter 1 (commencing with Section
1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the
Automobile Sales Finance Act (Chapter 2b (commencing with Section
2981) of Title 14 of Part 4 of Division 3 of the Civil Code),
purchased by the holder for the holder's portfolio of investments,
provided that the holder is not an assignee for the purpose of
collection.
   (c) This section does not prevent the filing in small claims court
by a local government which is self-insured for purposes of workers'
compensation and is seeking subrogation pursuant to Section 3852 of
the Labor Code.

116.430.  (a) If the plaintiff operates or does business under a
fictitious business name and the claim relates to that business, the
claim shall be accompanied by the filing of a declaration stating
that the plaintiff has complied with the fictitious business name
laws by executing, filing, and publishing a fictitious business name
statement as required.
   (b) A small claims action filed by a person who has not complied
with the applicable fictitious business name laws by executing,
filing, and publishing a fictitious business name statement as
required shall be dismissed without prejudice.
   (c) For purposes of this section, "fictitious business name" means
the term as defined in Section 17900 of the Business and Professions
Code, and "fictitious business name statement" means the statement
described in Section 17913 of the Business and Professions Code.



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