California · Code of Civil Procedure

Cal. Civ. Proc. Code § 116.320

Version effective Text retrieved Official text at leginfo.legislature.ca.gov

In short

How a small claims case starts: a claim filed under oath with the clerk, on a simple form that asks for the defendant, the amount, the basis of the claim and whether payment was demanded. The form tells the plaintiff that no attorney may represent them, that they cannot appeal, and that fees can be waived.

A summary by Savion of the text below. The text governs.

Text of Cal. Civ. Proc. Code § 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, by mail, by facsimile transmission if authorized pursuant to Section 1010.5, or by electronic means as authorized by Section 1010.6.

(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.

History. Amended by Stats. 2007, Ch. 738, Sec. 4. Effective January 1, 2008.

Quoted from the official publication, as retrieved on 2026-10-25. For the current text and any later amendment, see the official source.

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Nearby in the Code of Civil Procedure

On the official site; these sections do not have a Savion page yet.

  • § 116.310
  • § 116.330
  • § 116.340
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  • § 116.270
  • § 116.370