Small Claims Petition - California

SMALL CLAIMS PETITION

SUPERIOR COURT OF CALIFORNIA — SMALL CLAIMS DIVISION

FILING INSTRUCTIONS AND OVERVIEW

Court: Superior Court of California, Small Claims Division
Governing Law: CCP §§ 116.110-116.950
Required Official Form: Judicial Council Form SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court)
Jurisdictional Limits:

• Individuals (natural persons): Up to $12,500
• Businesses, corporations, LLCs, partnerships, public entities: Up to $6,250
• Claim frequency limit: No more than 2 claims over $2,500 per calendar year (unlimited claims of $2,500 or less)

KEY CALIFORNIA DISTINCTIONS:

• No attorneys at trial — CCP § 116.530 prohibits attorney representation at the small claims hearing (parties must represent themselves; attorneys may advise before/after but cannot appear at trial)
• Only the defendant can appeal — CCP § 116.710 (plaintiff cannot appeal a loss)
• Defendant may transfer — If a defendant is sued and wishes to have the case heard in regular Superior Court, the defendant may file a motion to transfer (CCP § 116.390)

IMPORTANT: California requires the use of Judicial Council Form SC-100 for all small claims filings. This template serves as a comprehensive narrative attachment to accompany the SC-100, as well as a complete preparation guide. You must file the official SC-100 form with the court.

PART I — COURT IDENTIFICATION AND CAPTION

SUPERIOR COURT OF CALIFORNIA

COUNTY OF [________________________________]

SMALL CLAIMS DIVISION

PLAINTIFF INFORMATION

Plaintiff Type (check one):
☐ Individual (natural person) — jurisdictional limit: $12,500
☐ Sole proprietor (suing in individual capacity) — jurisdictional limit: $12,500
☐ Corporation — jurisdictional limit: $6,250
☐ LLC — jurisdictional limit: $6,250
☐ Partnership — jurisdictional limit: $6,250
☐ Public entity — jurisdictional limit: $6,250
☐ Other: [________________________________] — jurisdictional limit: $[____]

For business entity plaintiffs:
| Field | Information |
|---|---|
| Business Name (exact legal name): | [________________________________] |
| DBA/Fictitious Business Name: | [________________________________] |
| Entity Type: | [________________________________] |
| State of Organization: | [________________________________] |
| Agent for Service of Process: | [________________________________] |

DEFENDANT INFORMATION

Defendant #1:

Defendant #2 (if applicable — use form SC-100A for additional defendants):

Note: If you are suing a business, you must use the exact legal name. Check the California Secretary of State's business search (https://bizfileonline.sos.ca.gov) for the correct entity name and agent for service of process.

AMOUNT CLAIMED: $[________________________________]

PART II — JURISDICTIONAL STATEMENT

1. This Court has jurisdiction over this action pursuant to CCP § 116.220 because:
   - The amount claimed does not exceed the applicable jurisdictional limit for the Plaintiff's entity type
   - The claim is for money damages only (or return of specific personal property)

2. Plaintiff's entity type and applicable limit:
   ☐ Individual — claim does not exceed $12,500
   ☐ Business entity — claim does not exceed $6,250

3. Claim frequency compliance (CCP § 116.231):
   ☐ This is a claim for $2,500 or less (no frequency limit)
   ☐ This is a claim for more than $2,500, and this is the Plaintiff's [____] claim over $2,500 filed in this calendar year (maximum 2 per year)

4. The total amount in controversy is $[________________________________], exclusive of costs.

PART III — VENUE

Venue is proper in [________________________________] County pursuant to CCP § 116.370 because (check all that apply):

For claims against individuals:
☐ The Defendant resides in this county (§ 116.370(a))
☐ The injury to person or personal property occurred in this county (§ 116.370(b))
☐ The contract was entered into in this county (§ 116.370(c))
☐ The contract was to be performed in this county (§ 116.370(c))
☐ The Defendant's obligation arose in this county

For claims against businesses:
☐ The Defendant has a principal place of business in this county (§ 116.370(a))
☐ The contract was entered into in this county (§ 116.370(c))
☐ The contract was to be performed in this county
☐ The buyer (Plaintiff) resided in this county at the time of the consumer transaction (§ 116.370(d))
☐ The Defendant's store, office, or business was located in this county at the time of the transaction

For security deposit claims (landlord-tenant):
☐ The rental property is located in this county

Specific venue basis: [________________________________]

VENUE WARNING: If you file in the wrong county, the Defendant can object to venue and the case may be dismissed or transferred. Verify venue before filing.

PART IV — NATURE OF CLAIM

Select the type(s) of claim (check all that apply):

☐ Breach of Written Contract — Defendant failed to perform obligations under a written agreement
☐ Breach of Oral Contract — Defendant failed to perform obligations under an oral agreement
☐ Defective Goods — Goods purchased were defective, not as described, or unmerchantable (breach of implied warranty — Cal. Com. Code § 2314)
☐ Defective Services — Services provided were substandard, incomplete, or not as agreed
☐ Security Deposit Dispute — Landlord failed to return security deposit within 21 days or wrongfully withheld deductions (Cal. Civ. Code § 1950.5)
☐ Property Damage — Defendant caused damage to Plaintiff's real or personal property
☐ Auto Repair Dispute — Vehicle repair was defective, unauthorized, or overcharged (Bus. & Prof. Code § 9884 et seq.)
☐ Lemon Law / Auto Purchase — Vehicle purchased was defective (Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq.)
☐ Home Improvement Dispute — Contractor failed to perform, performed defectively, abandoned project, or violated Bus. & Prof. Code § 7150 et seq.
☐ Consumer Fraud / Unfair Business Practices — Defendant engaged in unlawful, unfair, or fraudulent business practices (Bus. & Prof. Code § 17200 et seq.)
☐ Debt Collection Violation — Defendant violated FDCPA (15 U.S.C. § 1692 et seq.) or Rosenthal Fair Debt Collection Practices Act (Civ. Code § 1788 et seq.)
☐ Unpaid Wages — Employer failed to pay wages owed (Lab. Code § 200 et seq.)
☐ Return of Personal Property — Defendant wrongfully retains Plaintiff's personal property (claim for delivery of specific personal property under CCP § 116.220(a)(4))
☐ Bad Check / Dishonored Payment — Defendant issued a check that was dishonored (Civ. Code § 1719 — treble damages)
☐ Other: [________________________________]

PART V — STATEMENT OF FACTS

Instructions: Provide a clear, chronological account of the facts supporting your claim. Be specific about dates, amounts, and what happened. The judge will read this before the hearing. Attach additional pages if necessary.

A. Background and Relationship Between the Parties

On or about [__/__/____], the Plaintiff and Defendant entered into the following relationship or transaction:

[________________________________]
[________________________________]
[________________________________]

B. Detailed Description of Events

Date: [__/__/____]
[________________________________]
[________________________________]

Date: [__/__/____]
[________________________________]
[________________________________]

Date: [__/__/____]
[________________________________]
[________________________________]

Date: [__/__/____]
[________________________________]
[________________________________]

Date: [__/__/____]
[________________________________]
[________________________________]

C. Defendant's Breach or Wrongful Conduct

The Defendant failed to fulfill obligations and/or engaged in wrongful conduct by:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

D. Harm Suffered by Plaintiff

As a direct and proximate result of Defendant's conduct, Plaintiff suffered the following harm:

1. [________________________________]
2. [________________________________]
3. [________________________________]

PART VI — DAMAGES CALCULATION

A. Itemized Damages

LIMIT CHECK: Verify that TOTAL DAMAGES do not exceed the applicable jurisdictional limit ($12,500 for individuals / $6,250 for entities). If your actual damages exceed the limit, you may (a) waive the excess and sue for the maximum in small claims, or (b) file in regular Superior Court. You cannot split a single claim into multiple small claims actions.

B. Statutory Damages Available (California-Specific)

C. Interest

California pre-judgment interest rate: 10% per annum on liquidated damages (Civ. Code § 3289); 7% per annum on unliquidated damages (Cal. Const. Art. XV, § 1). Interest accrues from:

☐ The date of breach: [__/__/____]
☐ The date of demand: [__/__/____]
☐ The date of injury/loss: [__/__/____]
☐ Other: [________________________________]

PART VII — RELIEF REQUESTED

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

1. Actual damages in the amount of $[________________________________]
2. Statutory damages in the amount of $[________________________________] (if applicable)
3. Pre-judgment interest at the rate of [____]% per annum from [__/__/____]
4. Court costs, including filing fees ($[____]) and service costs ($[____])
5. Post-judgment interest at the statutory rate (currently 10% per annum — CCP § 685.010)
6. Such other and further relief as this Court deems just and equitable

Note: California small claims court does not award attorney's fees. Even if a contract provides for attorney's fees, the court cannot award them in small claims (CCP § 116.530). However, if the Defendant appeals and the case is heard in Superior Court on appeal, attorney's fees may then be available.

PART VIII — PRIOR DEMAND AND RESOLUTION ATTEMPTS

A. Demand Letter (Required by Many Claim Types)

IMPORTANT: Many California courts expect the Plaintiff to have made a reasonable attempt to resolve the dispute before filing. For some statutory claims (e.g., Song-Beverly Lemon Law), a pre-suit demand is mandatory.

☐ Written demand letter sent to Defendant on [__/__/____] via:
☐ Certified mail, return receipt requested
☐ Regular first-class mail
☐ Email to: [________________________________]
☐ Hand delivery

☐ Demand amount: $[________________________________]
☐ Response deadline given: [__/__/____]

☐ Defendant's response:
☐ No response received
☐ Defendant refused to pay
☐ Defendant disputed the claim — reason: [________________________________]
☐ Defendant offered partial payment of $[____] which was ☐ accepted ☐ rejected
☐ Other: [________________________________]

B. Other Resolution Attempts

☐ Telephone conversation(s) with Defendant on [__/__/____]
☐ In-person meeting on [__/__/____]
☐ Mediation attempted on [__/__/____] — result: [________________________________]
☐ Complaint filed with California Department of Consumer Affairs on [__/__/____]
☐ Complaint filed with California Attorney General on [__/__/____]
☐ Complaint filed with Contractors State License Board (CSLB) on [__/__/____]
☐ Complaint filed with Bureau of Automotive Repair (BAR) on [__/__/____]
☐ Other: [________________________________]

PART IX — EVIDENCE CHECKLIST

Contracts and Agreements

☐ Written contract(s) or agreement(s)
☐ Purchase orders, invoices, or receipts
☐ Warranties or guarantees
☐ Lease or rental agreement
☐ Work orders or service agreements
☐ Estimates, bids, or proposals

Communications

☐ Demand letter(s) and proof of mailing
☐ Email correspondence (printed with headers showing dates)
☐ Text messages (printed with dates and phone numbers)
☐ Letters or other written communications
☐ Notes of telephone conversations (with dates and summaries)

Financial Records

☐ Bank statements showing payments
☐ Canceled checks (front and back)
☐ Credit/debit card statements
☐ PayPal/Venmo/Zelle records
☐ Repair estimates from multiple sources
☐ Receipts for replacement goods/services

Photographs and Physical Evidence

☐ Photographs of damaged property (with dates, printed)
☐ Photographs of defective goods
☐ Before/after photographs
☐ Video recordings (bring device to play at hearing)
☐ Physical evidence (damaged items)

Third-Party Documentation

☐ Expert opinions or appraisals
☐ Inspection reports (home, auto, etc.)
☐ Police reports or incident reports
☐ Government agency complaints and responses (CSLB, BAR, DCA)
☐ Contractor's license status printout from CSLB website
☐ Business entity status printout from Secretary of State

Witness Information

☐ Witness #1: [________________________________] — Testimony: [________________________________]
☐ Witness #2: [________________________________] — Testimony: [________________________________]
☐ Witness #3: [________________________________] — Testimony: [________________________________]

Timeline

☐ Prepared chronological summary of all key events

PART X — FILING INSTRUCTIONS — CALIFORNIA SMALL CLAIMS COURT

Step 1: Obtain the Official Forms

Required:

• SC-100 — Plaintiff's Claim and ORDER to Go to Small Claims Court
• SC-100A — Other Plaintiffs or Defendants (if more than one plaintiff or more than 2 defendants)
• SC-103 — Declaration of Nonmilitary Status (Appendix)

Optional/As Needed:

• SC-104 — Request to Postpone Small Claims Hearing
• FW-001 — Request to Waive Court Fees

Download all forms from: https://selfhelp.courts.ca.gov/small-claims-california

Step 2: Determine the Correct Court

File in the Superior Court, Small Claims Division for the county where venue is proper (see Part III above).

Finding your court: https://www.courts.ca.gov/find-my-court.htm

Step 3: Filing Fees (Gov. Code § 70613)

• Additional fees for each additional defendant served
• If you cannot afford the fee, file form FW-001 (Request to Waive Court Fees)
• Some counties offer online e-filing — check your county's court website

Step 4: File the Claim

In-Person Filing:

• Bring the completed SC-100 (original + 2 copies for each defendant + 1 copy for your records)
• The Clerk assigns a case number and hearing date
• The hearing is typically scheduled 30-70 days after filing
• Retain your file-stamped copy

Online E-Filing (where available):

• Many California counties now offer e-filing for small claims
• Check your county's Superior Court website for availability
• Pay filing fees online by credit/debit card

Step 5: Serve the Defendant

• See Part XI below for service requirements
• YOU MUST SERVE THE DEFENDANT BEFORE THE HEARING — the case cannot proceed without proof of service

PART XI — SERVICE OF PROCESS REQUIREMENTS

CRITICAL: In California small claims court, the Plaintiff is responsible for arranging service on the Defendant. The court does NOT serve the Defendant for you. Failure to properly serve the Defendant will result in the case being dismissed or continued.

Methods of Service (CCP § 116.340)

Option 1: Personal Service (Preferred)
☐ Any person who is at least 18 years old and NOT a party to the action may personally hand-deliver the claim to the Defendant
☐ For businesses: serve the agent for service of process, an officer, a managing agent, or a person apparently in charge
☐ Proof of service: The server must complete form SC-104B (Proof of Service)

Option 2: Substituted Service
☐ If personal service fails after reasonable diligence, leave the documents with a competent adult at the Defendant's usual residence or place of business AND mail a copy by first-class mail
☐ This method requires at least 2-3 attempts at personal service first

Option 3: Certified Mail by the Clerk
☐ Request the Clerk to mail the claim by certified mail, return receipt requested
☐ Service is complete only if the Defendant signs the return receipt
☐ Cost: approximately $15-$20 (varies by county)
☐ If the Defendant refuses or does not pick up the mail, service is NOT complete

Option 4: Registered Process Server
☐ Hire a registered California process server
☐ Cost: typically $50-$150
☐ They handle service and provide proof of service

Service Deadlines (CCP § 116.340(b))

Proof of Service

• File the completed proof of service form (SC-104B or equivalent) with the Court before the hearing date
• Without proof of service, the hearing cannot proceed

Service on Specific Entity Types

PART XII — HEARING PREPARATION GUIDE

Before the Hearing

1. Free Advisory Assistance: California offers a free Small Claims Advisory Service in every county (CCP § 116.940). Contact your court for appointment. An advisor can help you prepare your case, organize evidence, and understand what to expect.

2. Organize Your Evidence: Create a clear, organized packet with numbered exhibits. Make three sets: one for the judge, one for the Defendant, and one for yourself.

3. Prepare a Written Statement: Write out your case in 1-2 pages. Although you will present orally, having it written helps you stay organized.

4. Know Your Legal Basis: Identify the specific law or contract provision the Defendant violated.

5. Practice Your Presentation: Keep it under 5-10 minutes. Focus on facts, not emotions.

At the Hearing

1. Arrive 30 Minutes Early. Check in with the clerk. Some courts have multiple small claims cases scheduled at the same time.

2. No Attorneys Present: Remember, attorneys are not permitted to represent parties in California small claims court (CCP § 116.530). You must present your own case. However:
   - Attorneys may appear for partnerships, corporations, and similar entities (CCP § 116.540(b))
   - An attorney who is also a party to the case may appear on their own behalf

3. Courtroom Procedure:
   - The judge calls the case
   - The Plaintiff presents first — describe what happened, show your evidence
   - The Defendant responds — presents their side and evidence
   - The judge may ask questions of both sides
   - The judge may look at physical evidence, photos, etc.
   - No formal rules of evidence apply — the judge has broad discretion

4. Key Tips:
   - Be respectful and address the judge as "Your Honor"
   - Stick to the facts and chronology
   - Refer to specific documents ("As shown in Exhibit 3, the contract states...")
   - Be concise — judges hear many cases in a day
   - Bring originals of all documents (not just copies)

Settlement

• Many courts offer free mediation before the hearing
• You can settle at any time — even at the courthouse
• Put any settlement in writing and file it with the court
• A court-approved settlement is enforceable as a judgment

PART XIII — POST-JUDGMENT PROCEDURES

The Decision

• The judge may announce the decision at the hearing OR mail it within a few days
• You will receive form SC-130 (Notice of Entry of Judgment) by mail
• The judgment is final as to the Plaintiff — the Plaintiff cannot appeal (CCP § 116.710)

If You Win (Judgment in Plaintiff's Favor)

Important Waiting Periods:

• The Defendant has 30 days to appeal (if no appeal is filed, the judgment becomes final)
• You cannot begin collection until the appeal period expires or the appeal is decided

Collecting the Judgment (After Appeal Period):

1. Voluntary Payment — Request payment from the Defendant.

2. If Defendant Does Not Pay:
   ☐ Writ of Execution (form EJ-130) — File with the court, then deliver to the Sheriff or Marshal to levy on the Defendant's personal property, bank accounts, or other assets
   ☐ Wage Garnishment (form WG-001) — Garnish up to 25% of the Defendant's disposable earnings
   ☐ Bank Levy — Direct the Sheriff/Marshal to levy on the Defendant's bank accounts
   ☐ Keeper Levy — For business defendants, place a keeper at the business to collect cash register receipts
   ☐ Abstract of Judgment (form EJ-001) — Record with the County Recorder to create a lien on the Defendant's real property
   ☐ Motor Vehicle Lien — File with the DMV to place a lien on the Defendant's vehicle
   ☐ Judgment Debtor Examination (form SC-134) — Require the Defendant to appear and answer questions about their assets under oath

3. Judgment Enforcement Period: California judgments are enforceable for 10 years and may be renewed for additional 10-year periods (CCP § 683.020).

4. Post-Judgment Interest: 10% per annum (CCP § 685.010).

If You Lose

Plaintiff Cannot Appeal: Under CCP § 116.710, the Plaintiff has no right to appeal a small claims judgment. The decision is final. Options include:

• Filing a motion to vacate the judgment if there was fraud, mistake, or excusable neglect (CCP § 116.725)
• Filing a new action in regular Superior Court if the claim was not adjudicated on the merits

If the Defendant Appeals

• The Defendant has 30 days after the clerk mails notice of judgment to file a Notice of Appeal (form SC-140)
• The appeal is heard in the Superior Court as a new trial (trial de novo)
• At the appeal hearing, attorneys ARE permitted to represent both parties
• The filing fee for the appeal is $75 (CCP § 116.760)
• The Plaintiff should be prepared to present the entire case again at the appeal hearing

PART XIV — PRACTICE TIPS FOR CALIFORNIA SMALL CLAIMS COURT

California-Specific Considerations

1. No Attorneys at Trial (CCP § 116.530): This is unique to California and is one of the most important rules. You cannot bring a lawyer to represent you at the hearing. You may consult a lawyer before and after, and entities (corporations/LLCs) may have an attorney or employee appear on their behalf.

2. Plaintiff Cannot Appeal (CCP § 116.710): Be well-prepared before filing because if you lose, the decision is final. The only exception is a motion to vacate for limited grounds. Consider whether your claim is strong enough before filing.

3. Defendant Transfer Right (CCP § 116.390): If you sue a defendant in small claims court, the defendant has the right to transfer the case to regular civil court. If this happens, formal rules of civil procedure apply and the case becomes more complex and expensive.

4. Free Small Claims Advisory Service (CCP § 116.940): Every county is required to provide a free small claims advisory service. Use it. Advisors can help you evaluate your claim, prepare your evidence, and understand court procedures.

5. Business Entity Filing Limits: Corporations, LLCs, partnerships, and other entities are limited to $6,250 and may file no more than 2 claims over $2,500 per calendar year. Sole proprietors suing in their individual capacity have the $12,500 limit.

6. Security Deposit Claims (Civ. Code § 1950.5):
   - Landlord must return deposit within 21 days of tenant vacating
   - Must provide itemized statement of deductions
   - Bad faith withholding: tenant may recover up to 2x the amount wrongfully withheld
   - Landlord cannot deduct for ordinary wear and tear

7. Auto Repair Claims (Bus. & Prof. Code § 9884 et seq.):
   - Shops must provide written estimate before beginning work
   - Shops cannot exceed the estimate without authorization
   - File a complaint with the Bureau of Automotive Repair (BAR) — this can support your case

8. Home Improvement Claims (Bus. & Prof. Code § 7150 et seq.):
   - Contractors must be licensed — check license status at https://www.cslb.ca.gov
   - Unlicensed contractors cannot sue to collect payment (Bus. & Prof. Code § 7031)
   - Consumers can recover all money paid to an unlicensed contractor

9. Statute of Limitations:
   | Claim Type | Limitation Period |
   |---|---|
   | Written contract | 4 years (CCP § 337) |
   | Oral contract | 2 years (CCP § 339) |
   | Personal property damage | 3 years (CCP § 338(c)) |
   | Fraud | 3 years from discovery (CCP § 338(d)) |
   | Security deposit | 4 years (Civ. Code § 1950.5) |
   | Bad check | 1 year (CCP § 340(a)) |

10. Multiple Defendants: You may sue multiple defendants in the same action. Use form SC-100A for additional defendants beyond the first two. Each defendant must be separately served.

11. Counterclaims and Cross-Claims: The Defendant may file a "Defendant's Claim" (form SC-120) as a counterclaim. If the counterclaim exceeds $12,500, the case may be transferred to regular Superior Court.

12. Judgment by Default: If the Defendant fails to appear after being properly served, the court may enter a default judgment. However, the Plaintiff must still present evidence to support the claim amount.

13. Interpreters: If you or a witness needs an interpreter, contact the court at least 5 days before the hearing. The court may provide a free interpreter for certain languages.

VERIFICATION AND SIGNATURE

I, the undersigned, declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

PROOF OF SERVICE

Use Judicial Council Form SC-104B for official proof of service. The following is a summary for preparation purposes.

I, [________________________________], declare that I am over 18 years of age and not a party to this action. I served the Defendant with the Plaintiff's Claim (form SC-100) and this narrative attachment by:

☐ Personal service on [__/__/____] at [________________________________]
☐ Substituted service on [__/__/____] — left with [________________________________] at [________________________________] and mailed copies on [__/__/____]
☐ Certified mail by Court Clerk on [__/__/____] — return receipt signed by Defendant on [__/__/____]

SOURCES AND REFERENCES

1. Cal. Code Civ. Proc. §§ 116.110-116.950 — California Small Claims Act: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=1.&part=1.&chapter=5.5.&article=
2. CCP § 116.220 — Small claims court jurisdiction
3. CCP § 116.370 — Venue in small claims: https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-116-370/
4. CCP § 116.530 — No attorney representation at trial
5. CCP § 116.710 — Appeal rights (defendant only)
6. Cal. Gov. Code § 70613 — Filing fees: https://california.public.law/codes/government_code_section_70613
7. Judicial Council Form SC-100 — Available at: https://selfhelp.courts.ca.gov/small-claims-california
8. California Courts Self-Help — Small Claims — https://selfhelp.courts.ca.gov/small-claims-california
9. Cal. Civ. Code § 1950.5 — Security deposits
10. Cal. Civ. Code § 1719 — Bad check treble damages
11. Cal. Bus. & Prof. Code § 9884 et seq. — Automotive repair
12. Cal. Bus. & Prof. Code § 7150 et seq. — Home improvement contracts
13. Cal. Civ. Code § 1788 et seq. — Rosenthal Fair Debt Collection Practices Act
14. Contractors State License Board (CSLB) — https://www.cslb.ca.gov
15. California Secretary of State — Business Search — https://bizfileonline.sos.ca.gov

This template is provided for informational purposes only and does not constitute legal advice. California requires the use of Judicial Council Form SC-100 for filing small claims actions. This template is designed as a narrative supplement and comprehensive preparation guide. Consult a qualified attorney licensed in California for advice specific to your situation. Note that while you may consult an attorney, attorneys generally cannot represent you at the small claims hearing itself (CCP § 116.530). Laws and court rules may change; verify all citations and procedures with the California Courts website before filing.