California Code of Civil Procedure

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 5.5.  SMALL CLAIMS COURT
Article 2. Small Claims Court
Sections 116.210-116.270

 

Chapter 5.5.  SMALL CLAIMS COURT
Article 2. Small Claims Court Sections 116.210-116.270

CODE OF CIVIL PROCEDURE
SECTION 116.231.

116.231.  (a) Except as provided in  subdivision (d), no person may
file more than two small claims actions in which the amount demanded
exceeds two thousand five hundred dollars ($2,500), anywhere in the
state in any calendar year.
   (b) Except as provided in subdivision (d), if the amount demanded
in any small claims action exceeds two thousand five hundred dollars
($2,500), the party making the demand shall file a declaration under
penalty of perjury attesting to the fact that not more than two small
claims actions in which the amount of the demand exceeded two
thousand five hundred dollars ($2,500) have been filed by that party
in this state within the calendar year.
   (c) The Legislature finds and declares that the pilot project
conducted under the authority of Chapter 1196 of the Statutes of 1991
demonstrated the efficacy of the removal of the limitation on the
number of actions public entities may file in the small claims courts
on claims exceeding two thousand five hundred dollars ($2,500).
   (d) The limitation on the number of filings exceeding two thousand
five hundred dollars ($2,500) does not apply to filings where the
claim does not exceed five thousand dollars ($5,000) that are filed
by a city, county, city and county, school district, county office of
education, community college district, local district, or any other
local public entity.  If any small claims action is filed by a city,
county, city and county, school district, county office of education,
community college district, local district, or any other local
public entity pursuant to this section, and the defendant informs the
court either in advance of the hearing by written notice or at the
time of the hearing, that he or she is represented in the action by
legal counsel, the action shall be transferred out of the small
claims division.  A city, county, city and county, school district,
county office of education, community college district, local
district, or any other local public entity may not file a claim
within the small claims division if the amount of the demand exceeds
five thousand dollars ($5,000).
 

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