California Code of Civil Procedure

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 5.1.  LIMITED CIVIL CASES
Article 3.  Actions
Sections 116.310-116.390

Chapter 5.1.  LIMITED CIVIL CASES
Article 3.  Actions

CODE OF CIVIL PROCEDURE
SECTION 116.320

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.
 

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