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An assignee of a claim may not file or maintain a small claims action based on the claim. [CCP §116.420(a).] An action may be filed or defended, however, by:
- A trustee in bankruptcy in the exercise of the trustee’s duties as trustee [CCP §116.420(b)];
- The holder of a security agreement, retail installment contract, or lien contract subject to the Unruh Retail Installment Sales Act [CC §§1801 et seq] or the Automobile Sales Finance Act [CC §§2981 et seq], purchased by the holder for the holder’s portfolio of investments, provided that the holder is not an assignee for the purpose of collection [CCP §116.420(b)]; or
- A local government that is self-insured for purposes of workers’ compensation and is seeking subrogation pursuant to LC §3852 [CCP §116.420(c)].
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