California CodesCode of Civil Procedure - CCPPart 1 — Of Courts of JusticeTitle 1 — Organization and JurisdictionChapter 5.5 — Small Claims CourtArticle 3 — ActionsSection 116.320

(a) A plaintiff may commence an action in the small claims court by filing a claim under oath with the clerk of the small claims court in person, by mail, by facsimile transmission if authorized pursuant to Section 1010.5, or by electronic means as authorized by Section 1010.6.

(b) The claim form shall be a simple nontechnical form approved or adopted by the Judicial Council. The claim form shall set forth a place for (1) the name and address of the defendant, if known;
(2) the amount and the basis of the claim; (3) that the plaintiff, where possible, has demanded payment and, in applicable cases, possession of the property; (4) that the defendant has failed or refused to pay, and, where applicable, has refused to surrender the property; and (5) that the plaintiff understands that the judgment on his or her claim will be conclusive and without a right of appeal.

(c) The form or accompanying instructions shall include information that the plaintiff (1) may not be represented by an attorney, (2) has no right of appeal, and (3) may ask the court to waive fees for filing and serving the claim on the ground that the plaintiff is unable to pay them, using the forms approved by the Judicial Council for that purpose.

Notes

Allows a plaintiff to start a small claims action by filing an oath-supported claim in person, by mail, authorized fax, or authorized electronic means. The Judicial Council form must state party, amount, demand, nonpayment, and finality information, and tell plaintiffs they may not have attorney representation, cannot appeal their claim, and may seek a fee waiver for inability to pay.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 116.320 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-1/title-1/chapter-5-5/article-3/section-116-320

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