§6.05 Reaching a Decision

Once you have heard both sides and understand the issues, you must decide the case. One purpose of the small claims court is to “dispense justice.” [CCP §116.510.] Awards are often based on the application of common sense. [Sanderson v Niemann (1941) 17 C2d 563, 573–574.] The law governing small claims court, however, does not repeal the substantive law applicable to claims, which should be followed.

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You must give judgment, within the court’s jurisdictional limits, for damages, equitable relief, or both. You may also make orders regarding time of payment or other conditions that you deem just and equitable. [CCP §116.610(a).]

A judgment against a debtor is payable immediately or on the terms and conditions that you may order. [CCP §116.620(a).] In determining any terms and conditions, you may consider any factors relevant to a judgment debtor’s claim that property is exempt from enforcement. [CCP §116.620(c); see CCP §§703.010 et seq.] If specific property is referred to in the judgment, the property must be identified with sufficient detail to implement or to enforce the judgment efficiently. [CCP §116.610(e); CRC 3.2108.]

Judgments must also include a determination whether they resulted from a motor vehicle accident on a California highway caused by the defendant’s operation of a motor vehicle or by another individual’s operation of a motor vehicle registered in the defendant’s name. [CCP §116.610(c).]

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