§5.10 Conditional Actions

Statutory conditions apply to maintaining certain small claims actions:

• Licensing requirements: Every person engaged in a profession that requires a license must allege and prove in any action to collect compensation that he or she was licensed at the relevant time. [B&PC §143(a).] Examples include:
• Building contractors [B&PC §7031],
• Automotive repair dealers [B&PC §9884.16], and
• Electronics and appliance repair dealers [B&PC §9852].

• Written estimates: An automotive repair dealer must give each customer a written estimate for parts and labor and obtain the customer’s consent before performing repairs. [B&PC §9884.9.]

• Notice requirements:
• For a claimant to obtain a deficiency judgment against a person liable on a motor vehicle conditional sales contract, the liable person must be given notice of the intent to dispose of the vehicle and the right to redeem. [CC §2983.2.]
• A plaintiff in a medical malpractice action must give the defendant 90 days’ notice before commencing the action [CCP §364], but failure to comply does not invalidate the proceeding or affect your court's jurisdiction to render a judgment. [CCP §365.]
• Before filing an action against a public entity for which a pre-action claim is required, a plaintiff must present the claim to the entity, which must be acted on or be deemed rejected. [GC §945.4.] The claim must be filed within six months or one year—depending on the type of claim—after the cause of action accrued. [GC §911.2(a).]

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