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No individuals other than the plaintiff and the defendant may conduct or defend a small claims action, with the following exceptions [CCP §116.540(a)–(d), (h)–(i), 116.541]:
- A corporation may appear through a regular employee, or a duly appointed or elected officer or director, who is employed, appointed, or elected for purposes other than solely representing the corporation in small claims court.
- A party who is not a corporation or a natural person may appear through a regular employee, a duly appointed or elected officer or director, or (in the case of a partnership) a partner who is engaged for purposes other than solely representing the party in small claims court.
- An individual doing business as a sole proprietorship may appear through a representative if:
- The claim can be proved or disputed by evidence of an account that constitutes a business record and there is no other issue of fact in the case, and
- The representative is a regular employee of the party for purposes other than solely representing the party in small claims actions and is qualified to testify to the identity and mode of preparation of the business record.
- A management association for a common interest development may appear through an agent, a management company representative, or a bookkeeper who appears on the association’s behalf.
- An owner of rental real property may appear through a property agent who is under contract with the owner to manage the rental of that property if:
- The owner has retained the property agent principally to manage the rental of that property and not principally to represent the owner in small claims court, and
- The claim relates to the rental property.
- The Department of Corrections and Rehabilitation or the Division of Juvenile Justice may appear through a regular employee who is employed or appointed for purposes other than solely representing the department in small claims court.
The following parties are not required to appear personally and may send a representative or submit an evidentiary declaration [CCP §116.540(e)–(g)]:
- A plaintiff who is serving on active duty in the U.S. Armed Forces outside California and who was assigned to his or her duty station after the claim arose, if:
- The duty assignment is for more than six months,
- The representative is serving without compensation, and
- The representative has appeared in small claims actions on behalf of others no more than four times during the calendar year.
- A defendant nonresident owner of real property may defend against a claim relating to that property by doing one or both of the following:
- Submitting written declarations to serve as evidence supporting his or her defense.
- Allowing another individual to appear and participate on his or her behalf if that individual is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year.
- A party incarcerated in a county jail, a Department of Corrections and Rehabilitation facility, or a Division of Juvenile Facilities facility may submit evidentiary declarations or may authorize another individual to appear and participate on his or her behalf if that individual is serving without compensation and has appeared in small claims actions on behalf of others no more than four times during the calendar year.
Click here for a printable list of exceptions to the prohibition against representation.
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