- A corporation or other legal entity (that is not a natural person) can be represented by a regular employee, an officer, or a director; a partnership can be represented by a partner or regular employee of the partnership. The representative may not be an attorney or person whose only job is to represent the party in small claims court. An attorney may appear to represent a law firms as long as that attorney is a general partner of the law firm or is an officer of the corporation. However, in both instances, all the other members of the partnership and all the other officers of the corporations have to be attorneys as well.
A corporation or other legal entity (that is not a natural person) can be represented by a regular employee, an officer, or a director; a partnership can be represented by a partner or regular employee of the partnership. The representative may not be an attorney or person whose only job is to represent the party in small claims court. An attorney may appear to represent a law firms as long as that attorney is a general partner of the law firm or is an officer of the corporation. However, in both instances, all the other members of the partnership and all the other officers of the corporations have to be attorneys as well.
- A property agent may represent the owner of rental property if the property agent was hired principally to manage the rental of that property and not principally to represent the property owner in small claims court and the claim relates to the rental property.
A property agent may represent the owner of rental property if the property agent was hired principally to manage the rental of that property and not principally to represent the property owner in small claims court and the claim relates to the rental property.
- In a case in which a claim can be proved or disputed by evidence of an account that constitutes a business record, and there is no other issue in the case, a sole proprietorship (such as a physician) can be represented by a regular employee who is employed for purposes other than solely representing the proprietor in small claims court actions, and who is qualified to testify to the identity and mode of preparation of the business record.
In a case in which a claim can be proved or disputed by evidence of an account that constitutes a business record, and there is no other issue in the case, a sole proprietorship (such as a physician) can be represented by a regular employee who is employed for purposes other than solely representing the proprietor in small claims court actions, and who is qualified to testify to the identity and mode of preparation of the business record.
- A non-resident owner of real property located in California may defend a small claims case related to the property by submitting a declaration or sending a representative.
*A person who is on active duty in the military service outside California, or who while on active duty is transferred out of state for more than six months after the claim arose, may be represented by a non-attorney, and may submit declarations in support of his or her claim or defense.
- A person who is in jail or prison may be represented by someone who isn’t an attorney, and may file written declarations in support of his or her claim or defense.
A person who is in jail or prison may be represented by someone who isn’t an attorney, and may file written declarations in support of his or her claim or defense.
- Some courts will allow a non-resident driver involved in an in-state auto accident to send a representative (but never an attorney), submit evidence by declaration, and appear in court by telephone. Contact a small claims adviser in the county where you’re sued to learn about the procedures used in that county.
Some courts will allow a non-resident driver involved in an in-state auto accident to send a representative (but never an attorney), submit evidence by declaration, and appear in court by telephone. Contact a small claims adviser in the county where you’re sued to learn about the procedures used in that county.
- Spouses may represent each other in small claims court if they have a joint interest in the claim or defense, and the represented spouse has given his or her consent.
Spouses may represent each other in small claims court if they have a joint interest in the claim or defense, and the represented spouse has given his or her consent.
within 30 days after the judgment is delivered or handed to the parties in court or, if the decision is mailed, within 30 days after the date the clerk mails the Notice of Entry of Judgment
A plaintiff or defendant also has the right to invite but not require the small claims court to re-examine its decision. ... While the defendant is the only party with a right to file an appeal, either party, whether plaintiff or defendant, may request the small claims court to correct "a clerical error in the judgment" or vacate a judgment and re-hear the dispute "on the grounds of an incorrect or erroneous legal basis for the decision."
The appealing party is entitled to a new hearing before a different judge of the superior court. The plaintiff's claim and any claim filed by the defendant are heard together, as in small claims court. That means that the parties must present their cases as if they were being presented for the first time. The results of the first hearing, and the testimony and other evidence offered at that hearing, are not considered by the second judge who hears the case.
The judge who hears the appeal conducts the re-hearing in the same informal way that cases are heard in small claims court. The only exception is that an attorney may represent a party at the hearing on appeal. The judge who presides at the hearing on appeal allows the parties' attorneys to present evidence and examine witnesses under the judge's guidance and control.
- If the Court ordered a default judgment:
If the Court ordered a default judgment: The person who didn’t come to Court may ask to open the case again if s/he has a valid defense and a good reason for not coming to the trial.
The person who didn’t come to Court may ask to open the case again if s/he has a valid defense and a good reason for not coming to the trial.
- If your case was decided by mandatory arbitration:
If your case was decided by mandatory arbitration: Any party who is not in default has 35 days from the date of the mailing of the arbitrator’s award to ask the court for a new trial before a judge. This is called a trial de novo.
Any party who is not in default has 35 days from the date of the mailing of the arbitrator’s award to ask the court for a new trial before a judge. This is called a trial de novo.