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SC-100: Plaintiff's Claim and ORDER to Go to Small Claims Court

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California (statewide, Judicial Council form, accepted in every Superior Court small claims division) · Statute of limitations applies (1 to 4 years depending on claim).

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    What is SC-100?

    California small claims complaint. Use this to sue an individual or business for up to $12,500 (individuals) or $6,250 (businesses); common uses include suing a landlord for a wrongfully withheld security deposit, recovering money lent to a friend, or unpaid invoices. No attorneys at the hearing. Ezel currently supports the common case: one plaintiff, one or two defendants, no public-entity claim.

    What happens if you miss the deadline: If the statute of limitations expires before you file, the court will dismiss your claim as untimely.

    How to file

    Filing fee
    Tiered by claim amount per Cal. Code Civ. Proc. § 116.230(b): $30 for claims of $1,500 or less; $50 for claims more than $1,500 and up to $5,000; $75 for claims above $5,000 (capped at the $12,500 small-claims jurisdictional limit). Plaintiffs who have filed more than 12 small claims in California within the prior 12 months pay $100 per § 116.230(c), regardless of claim size. FW-001 (fee waiver) is available to plaintiffs who qualify under Gov. Code § 68632.
    Filing method
    in-person, mail, efile (county-specific; many California counties accept e-filing for small claims, others require in-person)
    Filing deadline
    SC-100 itself has no deadline. The deadline comes from the statute of limitations on the underlying claim. CCP § 337 sets 4 years for breach of a written contract; § 339 sets 2 years for oral contracts and most personal injury claims; § 340 sets 1 year for libel and slander. Suing a public entity requires a Government Claim filed within 6 months of the event under Cal. Gov. Code § 911.2 BEFORE any SC-100 is filed; missing that step is a hard dismissal. Security-deposit claims under Cal. Civ. Code § 1950.5 are treated as written contracts (4-year SOL) measured from the day the deposit was due back (21 days after move-out).
    How to serve
    After the clerk issues the SC-100 with a trial date, the plaintiff must serve each defendant. Cal. Code Civ. Proc. § 116.340 lists the permitted methods: by sheriff or marshal; by any non-party California resident over 18; by certified mail with return receipt (the clerk handles the certified-mail option for a small additional fee); or by registered process server. Per § 116.340(b), service must be completed at least 15 calendar days before the trial date if the defendant lives in the same county, or 20 days if the defendant lives outside the county. The person who served the defendant files a proof of service form (SC-104 family) before the trial date.
    Wet signature
    Yes, sign in pen after printing.
    Notarization
    No
    Original and copies
    One signed original to the clerk plus one copy per defendant. The clerk schedules the trial date on the original and issues conformed copies for service. The plaintiff serves a conformed copy on each defendant.

    Common pitfalls

    Two patterns the AI review must catch for SC-100. (1) Wrong fee tier: a $5,001 claim paid at the $50 tier is rejected at intake; reconcile claim_amount with the tier in § 116.230(b). (2) Late service: serving 14 days before trial (one day short of the in-county minimum in § 116.340(b)) lets the defendant get a continuance, effectively burning the trial date. Both deserve blocker severity when the relevant facts are present in the answer set.

    Don't memorize the rules. Ezel walks you through SC-100 field by field, flags what the AI review treats as a blocker, and renders a court-ready PDF.

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    You'll likely also file

    Other Ezel-supported forms that commonly file alongside SC-100. Each one has its own guided fill, AI review, and PDF render.

    FW-001
    Request to Waive Court Fees
    Request to Waive Court Fees. SC-100 plaintiffs pay a graduated filing fee under Code Civ. Proc. section 116.230 ($30 for claims up to $1,500, $50 for claims $1,500 to $5,000, $75 for claims $5,000 to $12,500), plus a $10 frequent-filer surcharge under section 116.232 for plaintiffs who filed more than 12 small claims in California in the prior 12 months (the surcharge does not apply to a plaintiff's first 12 cases per year regardless of subject matter); FW-001 waives both the base fee and the section 116.232 surcharge for indigent filers under the general civil fee-waiver statute (Gov. Code section 68632). Note that natural-person plaintiffs are capped at $12,500 per claim (SB 1264 increased the cap from $10,000 effective 01/01/24); entity plaintiffs are capped at $6,250 (formerly $5,000) under CCP 116.221, so a corporate plaintiff seeking $12,500 must use limited civil rather than small claims. Eligibility for FW-001 is by means-tested benefit on FW-001 item 5a (CalFresh, Medi-Cal, SSI, SSP, CalWORKs, Tribal TANF, CAPI, IHSS), by 125% Federal Poverty Guideline household income on item 5b, or by financial hardship on item 5c (with FW-001 item 7 monthly income / expense breakdown); the clerk decides ex parte within 5 court days under Cal. Rules of Court rule 3.51. A granted FW-001 carries forward under Gov. Code section 68632(c) and covers the SC-104 / SC-104B service-of-summons fee (sheriff serves at no cost under Gov. Code section 6103.5), any later SC-135 motion-to-vacate $20 fee under CCP 116.745, the SC-200 / SC-220 satisfaction-of-judgment filing, the SC-150 / SC-140 appeal fee if the defendant appeals (the prevailing plaintiff has no appeal right under CCP 116.710), and the post-judgment EJ-130 writ-issuance fee, EJ-001 abstract recording, and EJ-195 renewal in the same case. File FW-001 + FW-003 (Order on Court Fee Waiver) with the SC-100; the clerk holds the case opening pending the fee decision but the file-stamp date controls for the SOL-tolling effect of filing under CCP 116.330. A denied FW-001 is reviewable on FW-006 within 10 days under CRC 3.55(d); winning a small-claims judgment can later trigger Gov. Code section 68637 partial repayment of the waived fees from the judgment if the plaintiff recovers.
    EJ-130
    Writ of Execution
    Writ of Execution. After a plaintiff wins on SC-100 and the small-claims judgment enters on SC-200, the plaintiff must wait 30 days before requesting EJ-130 (Code Civ. Proc. section 116.820(b); 116.810 makes the judgment unenforceable during the appeal window where the defendant may file SC-140 Notice of Appeal within 30 days of the SC-200 mailing under CCP 116.770(a)). The defendant's SC-140 appeal triggers a trial de novo in superior court under CCP 116.770(b) where the case is rebuilt from scratch (no record from the small-claims judge follows up; no bond required for appeal); the plaintiff has no appeal right under CCP 116.710. EJ-130 is the standard post-judgment collection writ enforced by the sheriff or marshal under CCP 700-720: wage garnishment under CCP 706.020 / 706.030 (federal Consumer Credit Protection Act 15 USC 1673 caps at 25% of disposable income or 30x federal minimum wage, whichever is less; California adds further protection under Civ Code 704.070 for low-wage debtors, and 50% of disposable for child / spousal support orders), bank levy under CCP 700.140 (debtor has 10 days post-Notice of Levy to file EJ-160 Claim of Exemption for protected funds: SSI, Social Security, public benefits, retirement under Civ Code 704.080-704.115), till tap under CCP 700.160 (single-day cash seizure from a business cash register, useful against retail debtors), keeper under CCP 700.170, real-property lien via EJ-001 Abstract of Judgment recorded with the county recorder under CCP 697.310 (creates a 10-year judgment lien on real property in the debtor's name in the county of recording). On EJ-130 item 11 (Total judgment as entered or renewed), copy the SC-200 judgment amount verbatim; post-judgment interest at 10% annual under CCP 685.010 and Civ Code 3289(b) accrues from the SC-200 entry date. Post-judgment costs under CCP 685.070 (writ issuance fees, levy fees, abstract recording fees, service costs) are added via MC-012 Memorandum of Costs After Judgment plus MC-025 if the cost list is long. The SC-100 caption (typically informal) must be reconciled to the legal name as entered on SC-200 to avoid clerk rejection of EJ-130. Writs expire 180 days after issuance under CCP 683.020 and can be renewed; the underlying judgment lasts 10 years and can be renewed for another 10 under CCP 683.110-683.190.
    MC-025
    Attachment to Judicial Council Form
    Attachment MC-025 (Judicial Council continuation page) extends SC-100 item 3 (description of why the defendant owes money, including when the events happened) when the small free-text box does not hold the full narrative. SC-100 hearings turn entirely on what the plaintiff can prove in 15 minutes of bench-trial argument; the MC-025 narrative is where the plaintiff lays out the events in chronological order, identifies any contracts or receipts, and quantifies damages within the small-claims jurisdictional caps (Code Civ. Proc. section 116.221 caps an individual's claim at $12,500 and CCP 116.220(a)(1) caps a corporation, partnership, or LLC at $6,250; under SB 1264 enacted 2024 the personal-injury motor-vehicle exception in CCP 116.221(c) preserves a $12,500 cap with no per-year-filer limit; the two-per-year filer-limit at CCP 116.231 still applies to non-MV individual claims above $2,500). Calculations beyond the cap risk dismissal or compulsory waiver of the excess under CCP 116.220(c); a plaintiff who pleads a $20,000 contract debt on SC-100 either waives the $7,500 excess (item 3 narrative should expressly state the waiver to defeat any pre-pleading objection under CCP 116.220(a)(2)) or moves the case to a CIV-100 limited-civil court under CCP 85 et seq. and dismisses the SC-100. Header the MC-025 'Attachment 3 to SC-100' with the case caption and party names under CRC rule 2.111(2) (caption uniformity); sign each attachment under penalty of perjury per CCP 2015.5 as the SC-100 plaintiff signature block is signed. The MC-025 must be served on the defendant with SC-100 under CCP 116.330 (formal service of small-claims documents) and 116.340 (service methods: personal service by non-party 18+, certified mail by clerk under 116.340(a)(3), substituted service mirroring CCP 415.20) before the hearing under CCP 116.340(d) timing rule (15 days before hearing for service in county, 20 days outside county); MC-025 attachments are incorporated by reference into the claim under CRC rule 3.1110(f). Item 4 (where the events happened, for venue under CCP 116.370(a) - any county where the defendant resides, where the obligation arose, where the personal injury occurred, or where the property is located) also overflows when multiple counties are involved; that needs a separate MC-025 attachment titled 'Attachment 4 to SC-100'. For business-defendant entity service the MC-025 may carry the agent-for-service-of-process information (Secretary of State agent address from the California Business Search) under CCP 116.340(a)(1), and for landlord-tenant security-deposit recovery the MC-025 may carry the Civ. Code 1950.5(g) statutory-damages calculation (up to twice the deposit amount as bad-faith damages) which is the most common SC-100 fact pattern at the $12,500 cap.
    SC-104
    Proof of Service (Small Claims)
    Proof of Service for small claims. The SC-100 plaintiff's claim, together with the clerk-issued ORDER half (setting the hearing date, time, and department), must be served on every defendant by a non-party server: a non-party adult under Code of Civil Procedure section 116.340(a), the sheriff or marshal under section 116.340 and Government Code section 26720, or a registered process server under Business and Professions Code section 22350. The plaintiff personally cannot serve the SC-100 packet (CCP 116.330(a) bars the plaintiff and any party-aligned person from acting as server). Allowed service methods are personal service under CCP 116.340(a)(1), substituted service under CCP 116.340(a)(2) (leave with a competent adult at the defendant's home or business, follow up with a first-class mail copy within 5 days), or clerk-issued certified mail return-receipt-requested under CCP 116.340(a)(4) with the signed return receipt filed with SC-104. Service must be completed at least 15 days before the hearing if the defendant resides inside the county where the case was filed, or at least 20 days before the hearing if the defendant resides outside the county (CCP 116.340(b)). The server signs SC-104 and the plaintiff files it with the court at least 5 calendar days before the hearing under CCP 116.340(c); without an SC-104 on file, the court cannot enter default or proceed to trial against an absent defendant. One SC-104 per defendant; multi-defendant cases need a separate proof for each. Defective SC-104 (wrong address, server under 18, server is a party) exposes any resulting judgment to SC-135 vacatur within 180 days under CCP 116.740.
    POS-030
    Proof of Service by First-Class Mail (Civil)
    Proof of Service by First-Class Mail. For initial service of the SC-100 claim on the defendant, the small-claims rules require SC-104 (Proof of Personal Service), SC-104B (Proof of Service by Court Clerk, when the clerk certified-mails the SC-100 under CCP 116.340(a)(2)), or SC-104C (Proof of Service by Substituted Service under CCP 415.20), not POS-030, because Code of Civil Procedure section 116.340(a) specifies the small-claims service mechanisms (personal service under CCP 116.340(a)(1), clerk certified mail under CCP 116.340(a)(2), substituted service under CCP 116.340(a)(3), sheriff or marshal service under CCP 116.340(a)(4)) and the SC-104 family is purpose-built to document those. The initial-service deadline under CCP 116.340(b) requires service at least 15 days before the hearing, or 20 days if the defendant resides outside the county; POS-030's generic 5-day mail rule under CCP 1013(a) does not displace those small-claims-specific deadlines. Entity defendants under CCP 116.340(c) require service on a designated registered agent or principal office under Corp. Code section 17701.16 (LLC) and Code Civ. Proc. section 416.10 (corporation, association, partnership), with the SC-104 family capturing the agent's name and address fields that POS-030 lacks. POS-030 is reserved for incidental post-filing service in a small-claims case, such as serving a filed SC-135 (Motion to Vacate Judgment) on the opposing party by first-class mail under CCP 1013(a) at the post-judgment stage, or serving a defendant's claim SC-120 by mail after the defendant has appeared (CCP 116.360(b) sets the SC-120 service deadline at 5 days before hearing, or 1 day if the SC-100 was served on the defendant less than 10 days before the hearing). SC-130 (Notice of Entry of Judgment) is clerk-issued and anchors the SC-135 deadline (30 days from clerk mailing under CCP 116.720, or 180 days for lack-of-service grounds under CCP 116.740); SC-130 is mailed by the clerk and is never served by a party, so POS-030 has no role there. Post-judgment debtor-examination filings under CCP 708.110 / 708.120 use the SC-134 Order to Appear procedure rather than POS-030, because the small-claims division has its own debtor-examination machinery; the EJ-130 writ-of-execution paper that follows a small-claims judgment is also served by the levying officer rather than by a party using POS-030. The SC-104 family supports the small-claims-specific service deadlines under CCP 116.340(b); POS-030 supports the generic post-appearance service rules under CCP 1013(a). Verify the local small-claims department accepts POS-030 for the specific document being served; some counties insist on the SC-104 family for any document served in a small-claims case regardless of stage, so call the clerk before mailing if the SC-104 family obviously fits.
    SC-135
    Notice of Motion to Vacate Judgment and Declaration (Small Claims)
    Notice of Motion to Vacate Judgment and Declaration. If the defendant on this SC-100 lost by default under Code of Civil Procedure section 116.520(c) (default judgment when defendant fails to appear at the noticed SC hearing under CCP 116.330) or after a hearing they did not attend, they can file SC-135 to ask the small-claims court to vacate the judgment. The deadline runs from the SC-130 (Notice of Entry of Judgment) clerk's mailing date under CCP 116.610(b) and 116.730(a): 30 calendar days under CCP 116.720(a) and 116.730(a) when the defendant claims excusable neglect (a documented illness, missed mail, family emergency, conflicting court appearance, work-travel commitment that the defendant attempted to disclose, or other good cause for not appearing; the standard mirrors CCP 473(b) excusable-neglect set-aside applied in general civil cases under Hopkins & Carley v. Gens 200 Cal.App.4th 1401 (2011) and Zamora v. Clayborn Contracting Group 28 Cal.4th 249 (2002)), or 180 calendar days under CCP 116.740 when the defendant was not properly served at the SC-100 stage (no SC-104 on file documenting personal service under CCP 415.10, substituted service with apparent-control adult under CCP 415.20(b), certified mail with return receipt under CCP 116.340(a)(2), or any other CCP 116.340-authorized service method). The defendant who lacks CCP 116.340-compliant service may also pursue parallel relief under CCP 473.5 (set aside on lack of actual notice) within the lesser of 2 years from entry or 180 days from service of notice of judgment, and the moving party should plead both grounds in the SC-135 declaration item 5 to preserve all avenues. SC-135 also extends to Servicemembers Civil Relief Act vacatur for the defendant who was an active-duty service member when defaulted under 50 USC 3931(g) and 3933 (mandatory set-aside of default judgment if SCRA affidavit was missing or incorrect and the service member can show a meritorious defense). The plaintiff who filed this SC-100 should keep the case caption, case number, and the original SC-104 proof-of-service in the case file ready in case the defendant moves to vacate; the plaintiff has the right to appear at the SC-135 hearing and oppose vacatur under CCP 116.745(b), and on the lack-of-service path the SC-104 proof-of-service is the plaintiff's primary defense (Ellard v. Conway 94 Cal.App.4th 540 (2001), Bonita Packing Co. v. O'Sullivan 165 Cal.App.4th 1051 (2008), and Falahati v. Kondo 127 Cal.App.4th 823 (2005) all turn on whether the served address was the defendant's actual usual residence/business under CCP 415.20(b)). SC-135 hearings are typically set within 30 calendar days of filing under CCP 116.745(b), with the clerk mailing the SC-135 notice of hearing to both parties under the SC-135 clerk-certificate-of-mailing block (no separate POS-040 required for that clerk-mailed notice). If SC-135 is granted, the SC-100 case is restored to the calendar (the SC-130 judgment is vacated and the case returns to its pre-judgment posture; any post-judgment enforcement actions including EJ-130 writs already issued must be quashed and any levied funds returned to the defendant under CCP 116.770(d)) and the plaintiff must come prepared to present evidence on the merits again at the rescheduled hearing; bring witnesses, contracts, photographs, and any other admissible evidence used at the original hearing (CCP 116.520(a)-(c) allows witness testimony under oath and admits any evidence the court considers relevant). A granted SC-135 does NOT cancel the SC-100; it just resets the case to the pre-judgment posture for a new trial, with the case to be re-set on the SC calendar under CCP 116.330 within the usual 30-70 day clerk-setting window. A $20 SC-135 filing fee applies under CCP 116.745(a) (the small-claims version of Gov. Code 70626(b) motion fee), waivable on FW-001 under Gov. Code 68632(a)-(c). If SC-135 is denied, the defendant may file an appeal to the superior court appellate division under CCP 116.770 (de novo appeal of denial of motion to vacate, treated as appeal of underlying judgment) within 30 days of the SC-135 denial; defendant's appeal triggers a $75 SC-140 appeal fee under Gov. Code 70621.

    Field-by-field guidance

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    Court County Block
    blocker

    The court name (county and courthouse) must appear on every paper filed. Without it, the clerk cannot file the claim.

    • Filing in the wrong county. Small claims venue under CCP section 116.370 is generally the county where the defendant lives, where the contract was performed, or where the injury occurred. Filing elsewhere can be transferred or dismissed.
    • Listing the courthouse where the plaintiff prefers (closest to home) when no statutory venue basis ties the case to that courthouse.
    Case Name
    info

    The form prints 'Case Name' as a clerk-filled field. Plaintiff is not required to write it; the clerk assigns the case name when accepting the filing.

    • Pre-filling 'Plaintiff vs. Defendant' here; this field is the clerk's case-name assignment, not the caption. Leaving it blank is fine.
    Plaintiff Name
    blocker

    Plaintiff's name must appear in the case caption AND in item 1. Without it, the court cannot identify who is suing.

    • Filing in the name of a property manager, dba, or fictitious business name when the actual party with the legal claim is a different person or LLC; the plaintiff named must be the legal owner of the claim.
    • Two roommates wanting to sue together: list both as plaintiffs (item 1 has space for one, item 12 / Checkbox1 adds more); cannot just write 'and roommate'.
    Plaintiff Phone
    warning

    Phone number is part of the required caption block. The court uses it to reach the plaintiff about scheduling and filing issues.

    • Listing a phone the plaintiff cannot answer; the court calls about the trial date, last-minute reschedules, and clerk questions about the filing.
    • Omitting area code; the form is read by clerks statewide.
    Plaintiff Street
    blocker

    Plaintiff's address is required so the court (and defendant) can reach the plaintiff.

    • Listing only a P.O. Box when the form has a separate mailing-address field; if both addresses exist, list the street and use the mailing line for the P.O. Box.
    • Listing a workplace address; while permissible, the court's mailings (judgment, scheduling notices) will go there, so use a place where the plaintiff actually receives mail.
    Plaintiff City
    blocker

    Required as part of the plaintiff's address.

    • Putting a neighborhood name (e.g., 'Hollywood') instead of the postal city (Los Angeles).
    Plaintiff State
    blocker

    Required as part of the plaintiff's address.

    • Out-of-state plaintiffs filing in CA small claims; out-of-state plaintiffs can sue in CA when the cause of action arose here, but should list the actual state of residence.
    Plaintiff Zip
    blocker

    Required as part of the plaintiff's address.

    • ZIP not matching the city on file; the court's mail will return as undeliverable.
    Plaintiff Email
    info

    Email is explicitly marked optional on the form.

    • Listing an email the plaintiff does not actively check; some courts use it for hearing reminders.
    Defendant Name
    blocker

    Defendant's name must appear in the caption AND in item 2. The court will not issue a summons against an unnamed defendant.

    • Suing 'the apartment' or 'the management company' instead of the actual legal owner; sue the entity (LLC or corporation) that owns the property and held the security deposit, or the individual landlord if there is no entity. Look up California Secretary of State business search to find the registered name.
    • Suing a sole proprietor under a 'dba' name only; correct format is 'Joe Smith, an individual doing business as ABC Plumbing'.
    • Including dba and ein/owner names in one field; SC-100 has space for one defendant per row, with form sections for additional defendants.
    Defendant Phone
    info

    Defendant phone is helpful for service but not strictly required.

    • Plaintiff inventing a number when they don't actually know the defendant's phone; better to leave blank than supply wrong information.
    Defendant Street
    blocker

    Without a defendant address, the plaintiff cannot serve the summons. The court will not proceed without service.

    • Listing the address where the plaintiff used to live (rental address) when suing a landlord; the defendant address is the landlord's mailing or business address, not the rental unit.
    • Listing a P.O. Box only for a corporation; corporations are served at their registered agent's address per CCP section 416.10, look up the registered agent on the Secretary of State business search.
    • Using stale address from an old lease or invoice when the defendant has moved; service at a stale address fails.
    Defendant City
    blocker

    Required as part of the defendant's address (for service).

    • City must match the postal city of the ZIP.
    Defendant State
    blocker

    Required as part of the defendant's address.

    • Out-of-state defendants make personal service much harder; a California small-claims plaintiff suing an out-of-state defendant should plan for service via certified mail or a process server in the defendant's state.
    Defendant Zip
    blocker

    Required as part of the defendant's address.

    • ZIP not matching the city; the server (or sheriff) cannot find the address.
    Claim Amount
    blocker

    The claim amount drives jurisdiction. Natural persons may sue for up to $12,500 (since Jan 1, 2024). All other plaintiffs (LLCs, corporations, partnerships) are capped at $6,250. A claim above the limit must either be reduced or filed in regular civil court.

    • Including punitive damages or speculative future losses; small claims awards are limited to actual damages, statutory penalties (e.g., security-deposit penalty under Civil Code section 1950.5), and limited interest. Stick to documented losses.
    • Including filing fees and costs in the claim amount; costs are awarded separately by the judge if the plaintiff prevails. Just enter the underlying claim.
    • An LLC or corporation listing $10,000; the cap for non-natural persons is $6,250. The claim is reduced to the cap or rejected.
    • Demanding more than $12,500 to leave 'room to negotiate'; the court enforces the statutory cap. List the actual amount owed.
    Claim Reason
    blocker

    The court needs to know why the defendant owes money. Vague entries ('they owe me') will be rejected by the clerk or by the judge at the hearing.

    • Vague descriptions like 'breach of contract' without facts; describe what happened in plain English. Example: 'On 3/1/2024 I paid defendant $2,000 for plumbing repair. The pipes leaked again 4 days later. Defendant refused to refund or fix.'
    • Long legal argument; small claims is informal. Stick to facts and dates, not legal theories.
    • Inflammatory language about the defendant; the judge reads this. Stick to specific facts.
    Claim Calculation
    blocker

    The form requires the plaintiff to show how the amount was calculated. For a security deposit, that's the withheld amount. For lost wages, hourly rate × hours. For property damage, repair quotes or invoices.

    • Listing only the total without showing the math; show line items. Example: '$2,000 deposit withheld + $750 last month rent withheld = $2,750.'
    • Including punitive multipliers without statutory basis; in security-deposit cases, the 2x penalty under Civil Code section 1950.5 is statutory and citable. Other doublings or triplings need a legal basis.
    Venue Basis
    blocker

    Plaintiff must check at least one venue basis. If none is checked, the clerk may reject the filing or the defendant can move to transfer to a proper county.

    • Picking a courthouse close to the plaintiff's home when no venue basis ties the case to that county; venue is the defendant's residence, where the contract was performed, where the injury occurred, or where the property is. Plaintiff convenience does not qualify.
    • Failing to check any venue option; venue is contestable and a missing checkbox can void the filing.
    Venue Zip
    warning

    ZIP code where the incident occurred. Helps the court verify venue is proper for the courthouse selected.

    • Listing the plaintiff's ZIP when the incident occurred at the defendant's place; this ZIP is where the incident happened, not where the plaintiff lives.
    Demand Made
    blocker

    Plaintiff must make a pre-suit demand for most claims. Vehicle accidents are exempt. If 'no' is checked without the vehicle exception, the judge may dismiss for failure to demand.

    • Filing without sending a demand letter first; the judge typically expects to see at least one written demand (text message, email, or letter) before suit. A casual conversation may not count.
    • Checking 'yes' without keeping the demand letter; bring the letter to the hearing as evidence the demand was made.
    Public Entity
    blocker

    Suing a public entity requires a Government Claim filed within 6 months of the event. If 'yes' is checked but no claim was filed, the case will be dismissed. The form requires the date the claim was filed.

    • Suing the city, county, school district, or transit agency without filing a Government Claim first; the 6-month window under Gov. Code section 911.2 is strict.
    • Confusing 'public entity' with 'public employee'; suing a public employee in their personal capacity is different from suing the entity. Read Gov. Code section 945.4.
    Frequent Filer
    warning

    Item 9: Have you filed more than 12 other small claims in California in the prior 12 months. Yes triggers the highest filing-fee tier under section 116.230(c). Statewide count; not per-county.

    • Counting only filings in this county; the rule is statewide. A plaintiff who filed 7 in Los Angeles and 6 in Orange County in the past year is over the threshold.
    • Counting filings older than 12 months; only the prior 12 months count.
    Claim Over 2500
    warning

    Item 10: Is your claim for more than $2,500. Yes is a sworn statement that you have not already used the two-large-claims-per-calendar-year slots permitted under section 116.231. The natural-person small-claims jurisdictional ceiling is $12,500 (section 116.221); the entity ceiling is $6,250 (section 116.220). A claim above the ceiling is rejected at intake unless the plaintiff waives the excess in writing.

    • Checking Yes when the claim is exactly $2,500; the threshold is more than $2,500.
    • Checking Yes after already filing two large claims this calendar year; the third large claim is barred under section 116.231.
    • Confusing the $2,500 large-claim trigger with the $12,500 (natural person) or $6,250 (entity) jurisdictional ceiling.
    Sign Date
    blocker

    The signature block prints 'I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.' The date completes that declaration.

    • Signing in advance and dating to file later; sign and date the day the plaintiff actually executes the declaration.
    • Forgetting that this is a perjury declaration; the dollar amount, demand made, and military status answers are all under penalty of perjury.

    Ezel is a self-help tool. Ezel is not a law firm and does not provide legal advice. You are the filer. Review the form carefully before submitting it to the court, and consult a licensed attorney if you have questions about your case. For free legal help, contact your local legal aid office or court self-help center.

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