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Lesson 3. Jurisdiction and Venue

 

§3.07 Jurisdiction Over Miscellaneous Actions

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The small claims court has jurisdiction over the following actions against a defendant guarantor [CCP §116.220(c)]:

  • An action brought by a natural person against the Registrar of the Contractors’ State License Board as the defendant guarantor if the demand does not exceed $7500.
  • An action against a defendant guarantor that charges a fee for its guarantor or surety services, or an action brought by an entity other than a natural person against the Registrar of the Contractors’ State License Board as the defendant guarantor, if the demand does not exceed $4000.
  • An action against a defendant guarantor that does not charge a fee for its guarantor or surety services if the demand does not exceed $2500.

The small claims court also has jurisdiction over the following miscellaneous actions or proceedings:

  • An action to confirm, correct, or vacate a binding attorney-client fee arbitration award, or a hearing de novo after nonbinding arbitration of a fee dispute, when the claim does not exceed $5000 (or $7500 if the claimant is a natural person) [CCP §116.220(a)(4); form SC-101; see B&PC §§6200 et seq].
  • An action to enforce payment of delinquent unsecured personal property taxes of $5000 or less, if the defendant is not contesting the legality of the tax [CCP §116.220(a)(2)].
  • A proceeding to issue a writ of possession authorized by CC §§1861.5 and 1861.10 (innkeeper’s lien) if the amount of the demand does not exceed $7500 for claims by a natural person, or $5000 for claims by other entities [CCP §116.220(a)(3)].
  • Specified actions under the Unruh Civil Rights Act if the amount of the damages sought in the action does not exceed $7500 for claims by a natural person, or $5000 for claims by other entities [CC §52.2; see CC §§52, 54.3].
  • Actions by incarcerated persons against the Department of Corrections and Rehabilitation or the Division of Juvenile Justice (formerly the California Youth Authority) when administrative remedies have been exhausted. [See CCP §116.220(e)(g).]

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