California Small Claims Court Rules: CCP 116.110 Through 116.950

The Statute That Governs Everything

California's small claims court runs on one block of law: CCP §§ 116.110 through 116.950, known as the Small Claims Act. This is the statute that sets the dollar limits, bans attorneys from hearings, dictates who can sue whom, and lays out the timeline from filing to judgment.

The Judicial Council of California adds procedural rules through California Rules of Court 3.2100–3.2110 and publishes the standardized forms every filer uses. Individual counties can layer on local rules — filing methods, remote hearing policies, evidence exchange deadlines — but the CCP sections above are the baseline that applies everywhere.

Jurisdiction Limits

Under CCP § 116.220 and § 116.221:

• Individuals and sole proprietors: up to $12,500
• Corporations, LLCs, and other entities: up to $6,250
• Guarantors (default): up to $2,500; fee-based guarantors up to $6,500

Small claims is strictly monetary. The court cannot issue injunctions, order specific performance, or handle evictions. The one exception: CCP § 116.220(b) allows conditional judgments involving contract rescission or restitution when necessary to reach a just result.

You cannot split a single dispute into multiple smaller cases to fit within the limit. You can waive the excess — suing for $12,500 when you're actually owed $15,000 — but whatever you waive is gone permanently (CCP § 116.231).

The No-Lawyer Rule

CCP § 116.530 prohibits attorneys from representing parties at small claims hearings. Both sides present their own case. The one exception: an attorney suing or being sued on their own behalf can appear, but they're there as a party, not as an advocate for someone else.

If the case is appealed to Superior Court, attorneys are allowed at the de novo trial (CCP § 116.770).

Annual Filing Caps

CCP § 116.231 limits everyone to two claims per calendar year statewide that exceed $2,500. File more than twelve claims in any twelve-month period and you're tagged as a frequent filer who pays a $100 filing fee per case (CCP § 116.230).

Hearing Timeline

Once the clerk accepts your filing, the hearing is set 30 to 70 calendar days out (CCP § 116.330). The defendant must be served at least 15 calendar days before the hearing for in-county defendants, or 20 calendar days for out-of-county defendants (CCP § 116.340).

Proof of service (Form SC-104) must be filed with the clerk at least 5 court days before the hearing. Miss this deadline and the judge may continue or dismiss the case.

What the Judge Can Do

The judicial officer has broad authority under the Small Claims Act:

• Award money damages up to the jurisdictional limit
• Order conditional relief — rescission, reformation, or restitution of a contract when needed to reach substantial justice (CCP § 116.220(b))
• Dismiss the claim if the plaintiff doesn't prove their case
• Continue the hearing for good cause
• Transfer the case under CCP § 116.390 if the defendant has a related claim against the plaintiff that exceeds the small claims limit, files that claim in a court of competent jurisdiction, and asks the small claims court to transfer the case. The court may refuse the transfer if the ends of justice would not be served.

What the judge cannot do: issue injunctions or decide eviction proceedings. Any punitive or statutory damages request depends on what the underlying law authorizes and what the evidence proves.

After the Judgment

A plaintiff cannot appeal the judgment on their own claim. If the defendant filed Form SC-120 and the plaintiff loses on that claim, the plaintiff may appeal. A defendant may appeal an adverse judgment on the plaintiff's claim within 30 calendar days after the clerk mails the Notice of Entry of Judgment (Form SC-130) (CCP § 116.750). An appeal triggers a new trial in Superior Court where attorneys are allowed (CCP § 116.770).

If nobody appeals and the judgment remains unpaid after the 30-day appeal period, the winning party can pursue enforcement: writs of execution, abstracts of judgment, bank levies, and wage garnishments. The judgment accrues interest at 10% per year under CCP § 685.010 until it's paid.

Local Court Rules

Each county's Superior Court can add local requirements on top of the CCP framework. Common local variations include:

• Whether and how e-filing is accepted
• Remote hearing availability and technology requirements
• Local forms (like Orange County's Form L-1091 for certified mail service)
• Mandatory settlement conferences or mediation programs

Check your county's court website for local rules before filing. The court directory at courts.ca.gov/find-my-court.htm lists every courthouse and its procedures.

Putting It All Together

The CCP sections give you the framework. Turning that into a step-by-step filing plan — with the right forms, proper service, and a deadline calendar — is where our California small claims filing guide picks up.

See more California guides →