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 5.  Hearing
Sections 116.510-116.570
 

Chapter 5.5 SMALL CLAIMS COURT
Article 5.  Hearing
 

CODE OF CIVIL PROCEDURE
SECTION 116.541

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.

 

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