California § 116.320. 116.320. (Amended by Stats. 2007, Ch. 738, Sec. 4.)

California Statutes

§ 116.320. — 116.320. (Amended by Stats. 2007, Ch. 738, Sec. 4.)

California § 116.320.

JurisdictionCalifornia

Code CCPCode of Civil Procedure - CCP

Title1.

Part 1.TITLE 1. ORGANIZATION AND JURISDICTION

Ch. 5.5.CHAPTER 5.5. Small Claims Court

Art. 3.ARTICLE 3. Actions

This text of California § 116.320. (116.320. (Amended by Stats. 2007, Ch. 738, Sec. 4.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Code of Civil Procedure - CCP Code § 116.320. (2026).

Text

(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 judg

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(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.