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PKT-019 (Rev. 1/20)
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN DIEGO
SMALL CLAIMS PACKET
HOW TO FILE A
SMALL CLAIMS CASE
FORMS INCLUDED IN THIS PACKET
Small Claims Legal Advisor Information Sheet
SDSC Form #SC-025
How to File a Small Claims Case
SDSC Form #SC-023
Information for the Small Claims Plaintiff
Judicial Council Form #SC-100-INFO
Mediation Information for Small Claims Parties
SDSC Form #SC-063
Plaintiff’s Claim and ORDER to Go to Small Claims Court
Judicial Council Form #SC-100
Other Plaintiffs and Defendants
Judicial Council Form #SC-100A
What is “Proof of Service”?
Judicial Council Form #SC-104B
How to Serve a Business
Judicial Council Form #SC-104C
Proof of Service
Judicial Council Form #SC-104
Information for Small Claims Parties
SDSC Form #SC-026
Request for Dismissal – Small Claims
SDSC Form #SC-044
Pre-Trial Checklist – Small Claims Trials
SDSC Form #SC-064
For your protection and privacy, press the Clear This Packet button on the last page after printing.
SDSC SC-025 (Rev. 5/13)
ADVISORY INFORMATION SHEET
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
SMALL CLAIMS COURT LEGAL ADVISOR PROGRAM
USEFUL RESOURCES
The Small Claims Legal Advisor provides free
assistance to anyone with questions regarding
lawsuits in San Diego County Small Claims Court.
The Advisor is available by telephone only to give
general legal information and explain the Small
Claims Court rules and procedures.
Phone Hotline for all Locations
24 hour Recording: (858) 634-1900
Phone Bank: (858) 634-1777
L
egal Aid Society of San Diego
www.lassd.org
San Diego County Public Law Library
For hours and locations visit the Law Library website at
www.sdcll.org
San Diego Better Business Bureau
Automated Voice Response: (858) 496-2131
www.sandiego.bbb.org
Department of Consumer Affairs
Resolves consumer complaints including those against
licensed contractors: (800) 344-9940
www.dca.ca.gov
For information regarding fictitious business filings and
real property records:
County Recorder’s Office
http://arcc.co.san-diego.ca.us/arcc
For information regarding corporations including agents
for service of process:
Secretary of State
1500 11th Street
Sacramento, CA 95814
(916) 657-5251
www.sos.ca.gov
City halls may provide information on businesses within
city limits, for example, owner name, address, phone
number, etc.
ADDITIONAL INFORMATION ONLINE:
Small Claims information online:
www.dca.ca.gov/publications/small_claims
www.courts.ca.gov/selfhelp-smallclaims.htm
Where to file a complaint against companies regulated by
the State:
www.dca.ca.gov/consumer/complaints
For assistance in determining the value of a vehicle:
www.kbb.com or www.edmunds.com
The San Diego Superior Court does not control or maintain the
websites on this list and cannot be responsible for the accuracy of
the content they contain. In addition, the contents of a website may
change and the court would not necessarily be aware of the
change. When you access one of these websites, you are subject
to the terms of use and privacy policies of that website.
SDSC SC-023 (Rev. 10/17) HOW TO FILE A SMALL CLAIMS CASE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
SMALL CLAIMS COURT
www.sdcourt.ca.gov
HOW TO FILE A SMALL CLAIMS CASE
1. Information for the Plaintiff (JC Form #SC-100-INFO) – Read this first.
2. All Small Claims cases must be filed in the Central Division located at 330 W. Broadway, San Diego, CA
92101.
3. Plaintiff’s Claim and ORDER to Go to Small Claims Court (JC Form #SC-100) – Fill out this form and sign it.
This form will become your case so you must be sure that all pages are typed or clearly printed in blue or
black ink. Make a copy for yourself and each named defendant. Bring or mail the original and all copies to
the Small Claims Court. Fillable forms can be found at
www.sdcourt.ca.gov
How to correctly name yourself and the defendant (examples):
Individual: First name, middle name or initial (if any), last name
Business Owner: John Smith d.b.a. The ABC Company
(Note: as a Plaintiff, if you name yourself in this way, you must file a
Fictitious Business Name Declaration (JC Form #SC-103))
Corporation: The ABC Company, Inc. or, The ABC Company, a Ca. Corp.
Partnership: The ABC Company, a partnership of John Stone and Mary Hill
If you are suing a corporation, you will need to know the name and address of the agent for service of process
before you bring your claim to the Small Claims Court. This information can be obtained from the California
Secretary of State at www.sos.ca.gov
. At your trial, the judge may ask you to prove that the correct agent
was served. For more information on how to sue a business refer to How to Serve a Business (JC Form
#SC-104C), included in this packet.
4. Filing the Claim – Submit your signed claim, all copies, and a filing fee to the court. To determine the correct
filing fee, refer to the current Fee Schedule (SDSC Form #ADM-001), available on the court's web site:
www.sdcourt.ca.gov. Make checks payable to Clerk of the Superior Court.
5. Giving Copies to Defendant (Serving) – Each defendant must be given one copy of the “Plaintiff’s Claim and
ORDER to Go to Small Claims Court.” To find out how to serve the defendant and file a proof of service, read
Information for the Plaintiff (JC Form #SC-100-INFO) and What is "Proof of Service"? (JC Form #SC-104B),
included in this packet. Proof of Service must be submitted to the court clerk at least five (5) days before your
trial date.
6. Additional Information –
• If you are submitting your claim by mail, include a self-addressed, legal size envelope stamped with
sufficient postage for your copies to be mailed back to you.
• If you are not able to serve the defendant and need another trial date, complete the Request to Postpone
Trial (JC Form #SC-150).
• For more information, visit the California Courts Self-Help Center at www.courtinfo.ca.gov/selfhelp
(English) or www.sucorte.ca.gov (Spanish).
IF SENDING YOUR CLAIM TO THE COURT BY MAIL, RETURN THE BOTTOM PORTION OF THIS PAGE.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HOW WILL YOU HAVE YOUR CLAIM SERVED?
Friend or other disinterested person, at least 18 years of age - After serving the defendant, complete a
Proof of Service (JC Form #SC-104), available on the court's web site
www.sdcourt.ca.gov.
Certified Mail - There is a fee for each defendant and must be included with the filing fee – see Fee
Schedule (SDSC Form #ADM-001).
SC-100-INFO
INFORMATION FOR THE SMALL CLAIMS PLAINTIFF
WHAT IS SMALL CLAIMS COURT?
Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The
person who sues is the plaintiff. The person who is sued is the defendant. In small claims court, you may ask a lawyer for advice
before you go to court, but you cannot have a lawyer in court. Your claim cannot be for more than $5,000 if you are a business or public
entity or for more than $10,000 if you are a natural person (including a sole proprietor). (See below for reference to exceptions.*) If you
have a claim for more than this amount, you may sue in the civil division of the trial court or you may sue in the small claims court and
give up your right to the amount over the limit. You cannot, however, file more than two cases in small claims court for more than
$2,500 each during a calendar year.
WHO CAN FILE A CLAIM?
You must be at least 18 years old to file a claim. If you are not
yet 18, tell the clerk. You may ask the court to appoint a
guardian ad litem. This is a person who will act for you in the
case. The guardian ad litem is usually a parent, a relative, or
an adult friend.
You must also appear at the small claims hearing yourself
unless you filed the claim for a corporation or other entity
that is not a natural person.
If a corporation files a claim, an employee, an officer, or a
director must act on its behalf. If the claim is filed on behalf of
an association or another entity that is not a natural person, a
regularly employed person of the entity must act on its behalf.
A person who appears on behalf of a corporation or another
entity must not be employed or associated solely for the
purpose of representing the corporation or other entity in the
small claims court. You must file a declaration with the
court to appear in any of these instances. (See
Authorization to Appear, form SC-109.)
A person who sues in small claims court must first make a
demand, if possible. This means that you have asked the
defendant to pay, and the defendant has refused. If your claim
is for possession of property, you must ask the defendant to
give you the property.
Unless you fall within two technical exceptions, you must be
the original owner of the claim. This means that if the claim is
assigned, the buyer cannot sue in the small claims court.
WHERE CAN YOU FILE YOUR CLAIM?
You must sue in the right court and location. This rule is called venue. Check the court's local rules if there is more than one court
location in the county handling small claims cases. If you file your claim in the wrong court, the court will dismiss the claim unless all
defendants personally appear at the hearing and agree that the claim may be heard. The right location may be any of these:
SOME RULES ABOUT THE DEFENDANT (including government agencies)
You must sue using the defendant's exact legal name. If the
defendant is a business or a corporation and you do not know
the exact legal name, check with the state or local licensing
agency, the county clerk's office, or the Office of the Secretary
of State, Corporate Status Unit, at www.sos.ca.gov/business.
Ask the clerk for help if you do not know how to find this
information. If you do not use the defendant's exact legal
name, the court may be able to correct the name on your claim
at the hearing or after the judgment.
If you want to sue a government agency, you must first file a
claim with the agency before you can file a lawsuit in court.
Strict time limits apply. If you are in a Department of
Corrections or Youth Authority facility, you must prove that the
agency denied your claim. Please attach a copy of the denial
to your claim.
HOW DOES THE DEFENDANT FIND OUT ABOUT THE CLAIM?
You must make sure the defendant finds out about your lawsuit. This has to be done according to the rules or your case may be
dismissed or delayed. The correct way of telling the defendant about the lawsuit is called service of process. This means giving the
defendant a copy of the claim. YOU CANNOT DO THIS YOURSELF. You should read form SC-104B, What is "Proof of Service"?
Here are four ways to serve the defendant:
Process server—You may ask anyone who is not a party in
your case and who is at least 18 years old to serve the
defendant. The person is called a process server and must
personally give a copy of your claim to the defendant. The
person must also sign a proof of service form showing when
the defendant was served. Registered process servers will
serve papers for a fee. You may also ask a friend or relative to
do it.
* Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116.220(c).)
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
SC-100-INFO [Rev. July 1, 2017]
INFORMATION FOR THE PLAINTIFF
(Small Claims)
Code of Civil Procedure,
§§ 116.110 et seq.,116.220(c), 116.340(g)
www.courts.ca.gov
This information sheet is written for the person who sues in the small claims court. It explains some of the rules of, and
some general information about, the small claims court. It may also be helpful for the person who is sued.
1.
2.
3.
4.
Where the defendant lives or where the business involved is
located;
Where the damage or accident happened;
1.
2.
1. 2.
Service by a law officer—You may ask the marshal or sheriff
to serve the defendant. A fee will be charged.
1.
2.
With very limited exceptions, the defendant must be served
within the state of California.
3.
Where the contract was signed or carried out; 3.
4. If the defendant is a corporation, where the contract was
broken; or
5. For a retail installment account or sales contract or a motor
vehicle finance sale:
a.
Where the goods or vehicle are permanently kept.d.
Where the buyer signed the contract; orc.
Where the buyer lived when the contract was entered into;b.
Where the buyer lives;
Certified mail—You may ask the clerk of the court to serve
the defendant by certified mail. The clerk will charge a fee.
You should check back with the court before the hearing to
see if the receipt for certified mail was returned to the court.
Service by certified mail must be done by the clerk's
office except in motor vehicle accident cases involving
out-of-state defendants.
Substituted service—This method lets you serve another
person instead of the defendant. You must follow the
procedures carefully. You may also wish to use the marshal or
sheriff or a registered process server.
3.
4.
Substituted service (continued) A copy of your claim must be
left at the defendant's business with the person in charge, OR
at the defendant's home with a competent person who is at
least 18 years old. The person who receives the claim must
be told about its contents. Another copy must be mailed, first
class postage prepaid, to the defendant at the address where
the paper was left. The service is not complete until 10 days
after the copy is mailed.
Timing and proof of service—No matter which method of
service you choose, the defendant must be served by a certain
date, or the trial will be postponed. If the defendant lives in the
county, service must be completed at least 15 days before the
trial date. This period is at least 20 days if the defendant lives
outside the county.
The person who serves the defendant must sign a court
paper showing when the defendant was served. This paper is
called a Proof of Service (form SC-104). It must be signed and
returned to the court clerk as soon as the defendant has been
served.
WHAT IF THE DEFENDANT ALSO HAS A CLAIM?
Sometimes the person who was sued (the defendant) will also have a claim against the person who filed the lawsuit (the plaintiff).
This claim is called the Defendant's Claim. The defendant may file this claim in the same lawsuit. This helps to resolve all of the
disagreements between the parties at the same time.
If the defendant decides to file the claim in the small claims court, the claim may not be for more than $5,000, or $10,000 if the
defendant is a natural person (see exceptions on page 1*). If the value of the claim is more than this amount, the defendant may either
give up the amount over $5,000 or $10,000 and sue in the small claims court or sue in the appropriate court for the full value of the
claim. If the defendant's claim relates to the same contract, transaction, matter, or event that is the subject of your claim and exceeds
the value amount for small claims court, the defendant may file the claim in the appropriate court and file a motion to transfer your claim
to that court to resolve both claims together.
The defendant's claim must be served on the plaintiff at least five days before the trial. If the defendant received the plaintiff's claim
10 days or less before the trial, then the claim must be served at least one day before the trial. Both claims will be heard by the court at
the same time.
WHAT HAPPENS AT THE TRIAL?
Be sure you are on time for the trial. The small claims trial is informal. You must bring with you all witnesses, books, receipts, and
other papers or things to prove your case. You may ask the witnesses to come to court voluntarily, or you may ask the clerk to issue a
subpoena. A subpoena is a court order that requires the witness to go to trial. The witness has a right to charge a fee for going to the
trial. If you do not have the records or papers to prove your case, you may also get a court order before the trial date requiring the
papers to be brought to the trial. This order is called a Small Claims Subpoena and Declaration (form SC-107).
If you settle the case before the trial, you must file a dismissal form with the clerk.
The court's decision is usually mailed to you after the trial. It may also be hand delivered to you when the trial is over and after the
judge has made a decision. The decision appears on a form called the Notice of Entry of Judgment (form SC-130 or SC-200).
WHAT HAPPENS AFTER JUDGMENT?
The court may have ordered one party to pay money to the other party. The party who wins the case and is owed the money is
called the judgment creditor. The party who loses the case and owes the money is called the judgment debtor. Enforcement of the
judgment is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor cannot
collect any money or take any action until this period is over. Generally both parties may be represented by lawyers after judgment.
More information about your rights after judgment is available on the back of the Notice of Entry of Judgment. The clerk may also have
this information on a separate sheet.
SC-100-INFO [Rev. July 1, 2017]
INFORMATION FOR THE PLAINTIFF
(Small Claims)
Page 2 of 2
HOW TO GET HELP WITH YOUR CASE
Parties who are in jail—If you are in jail, the court may
excuse you from going to the trial. Instead, you may ask
another person who is not an attorney to go to the trial for you.
You may mail written declarations to the court to support your
case.
Lawyers—Both parties may ask a lawyer about the case, but
a lawyer may not represent either party in court at the small
claims trial. Generally, after judgment and on appeal, both
parties may be represented by lawyers.
Interpreters—If you do not speak English well, ask the court
clerk as soon as possible if your court has a court-provided
interpreter available and how to request one. A court-provided
interpreter may not be available. Alternatively, you may bring
an adult who is not a witness or an attorney to interpret for you
or ask the court for a list of interpreters for hire.
Accommodations—If you have a disability and need
assistance, immediately ask the court to help accommodate
your needs. If you are hearing impaired and need assistance,
notify the court immediately.
Forms—You can get small claims forms and more information
at the California Courts Self-Help Center website (www.courts.
ca.gov/smallclaims), your county law library, or the courthouse
nearest you.
Waiver of fees—The court charges fees for some of its
procedures. Fees are also charged for serving the defendant
with the claim. The court may excuse you from paying these
fees if you cannot afford them. Ask the clerk for the Information
Sheet on Waiver of Superior Court Fees and Costs (form
FW-001-INFO) to find out if you meet the requirements so that
you do not have to pay the fees.
Small claims advisors—The law requires each county to
provide assistance in small claims cases free of charge.
(Small claims advisor information):
Night and Saturday court—If you cannot go to court during
working hours, ask the clerk if the court has trials at night or
on Saturdays.
4.
1.
2.
3.
5.
6.
7.
8.
4.
5.
(858) 634-1777 A
dvisor’s Number
(858) 634-1900 Recorded Information
SDSC SC-063 (Rev. 7/18) MEDIATION INFORMATION FOR SMALL CLAIMS PARTIES
Informational Form
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
SMALL CLAIMS COURT
MEDIATION INFORMATION FOR SMALL CLAIMS PARTIES
What is Mediation?
Mediation is a voluntary, private meeting. During mediation a trained, neutral third party known as a mediator will
help people resolve their dispute. The mediator does not evaluate the merits of a case, but instead will assist
both parties in discussing the problems that caused their conflict. This provides both parties a chance to talk and
come to an agreement that they will both uphold.
WHY SHOULD YOU CONSIDER CHOOSING MEDIATION?
It is FREE and CONVENIENT.
Prior to the day of trial, you can request to mediate your case at no cost and at a location near your home
or workplace.
It is CONFIDENTIAL.
Any statement made during mediation cannot be repeated to the judge. This allows an uninhibited
discussion during mediation.
It is EFFICIENT.
The average Small Claims mediation lasts less than one hour. By reaching an agreement, you save an
enormous amount of time, energy, and expense associated with an ongoing conflict. If you are unable to
reach an agreement, you will still proceed to court as previously scheduled for your trial.
It is EFFECTIVE.
Parties can create their own agreement that is binding and enforceable by the court. People are more
likely to fulfill their obligation when they shared in reaching an agreement.
It is EMPOWERING.
Sometimes parties feel they “lose” even though they win the case and many parties that “win” at trial still
must overcome numerous obstacles to collect on their judgment. Mediation potentially avoids these “lose-
lose” and “win-lose” outcomes that happen at trial by giving the parties the power to decide how to resolve
their disputes. At mediation, parties can create a monetary agreement, a written apology, an exchange or
return of property, or anything else that satisfies their wants or needs, as long as it is legal.
It is BENEFICIAL.
You will avoid the time, traffic and expense (gasoline and parking) of traveling to the courthouse in
downtown San Diego for your trial. You will also not have to spend a morning or afternoon at the
courthouse for your trial.
Want to find out more information or to schedule a FREE mediation sooner than your trial date?
Contact the mediation service near you listed below:
• National Conflict Resolution Center (NCRC), 530 B Street, Suite 1700, San Diego CA 92101
(619) 238-2400, City Heights (619) 593-4530, East County (619) 593-4530, South Bay (619) 428-3200,
www.ncrconline.com
Trial
Date
You are the defendant if your name is listed in
SC-100
Plaintiff's Claim and ORDER
to Go to Small Claims Court
SC-100, Page 1 of 5
Plaintiff's Claim and ORDER
to Go to Small Claims Court
(Small Claims)
Date Time Department
Name and address of court, if different from above
1.
2.
3.
The people in and must go to court: (Clerk fills out section below.)
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2020, Mandatory Form
Code of Civil Procedure, §§ 116.110 et seq.,
116.220(c), 116.340(g)
Notice to the person being sued:
Read this form and all pages attached to understand the claim against you
and to protect your rights.
Bring witnesses, receipts, and any evidence you need to prove your case.
If you lose, the court can order that your wages, money, or property be
taken to pay this claim.
You and the plaintiff must go to court on the trial date listed below. If you
do not go to court, you may lose the case.
Aviso al Demandado:
Lea este formulario y todas las páginas adjuntas para entender la demanda en su contra y para proteger sus derechos.
Lleve testigos, recibos y cualquier otra prueba que necesite para probar su
caso.
Si pierde el caso la corte podría ordenar que le quiten de su sueldo, dinero u
otros bienes para pagar este reclamo.
Usted y el Demandante tienen que presentarse en la corte en la fecha del
juicio indicada a continuación. Si no se presenta, puede perder el caso.
Order to Go to Court
Instructions for the person suing:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
2
1
2
1
2
1
Usted es el Demandado si su nombre figura en
Date: Clerk, by , Deputy
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of San Diego
Court fills in case number when form is filed.
Case Number:
Case Name:
You are the plaintiff. The person you are suing is the defendant.
Before you fill out this form, read form SC-100-INFO, Information for the Plaintiff, to know your rights. Get SC-100-
INFO at any courthouse or county law library, or go to www.courts.ca.gov/smallclaims/forms.
Fill out pages 2 and 3 of this form. Then make copies of all pages of this form. (Make one copy for each party named in
this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk’s office and pay
the filing fee. The clerk will write the date of your trial in the box above.
You must have someone at least 18—not you or anyone else listed in this case—give each defendant a court-stamped
copy of all five pages of this form and any pages this form tells you to attach. There are special rules for “serving,” or
delivering, this form to public entities, associations, and some businesses. See forms SC-104, SC-104B, and SC-104C.
Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case.
The person suing you is the plaintiff, listed in
on page 2.
on page 2 of this form.
de la página 2 de este
formulario. La persona que lo demanda es el Demandante, la que figura en
de la página 2.
CENTRAL DIVISION, SMALL CLAIMS,
330 W. BROADWAY, SAN DIEGO, CA 92101
Written request for continuance must include a $10.00 fee and be submitted at least 10 days before trial date.
The defendant (the person, business, or public entity being sued) is:
Mailing address (if different):
Street address:
Street City State Zip
Street City State Zip
Phone:
Name:
The plaintiff (the person, business, or public entity that is suing) is:
. (Explain below):
If no specific date, give the time period:
3
1
2
Check here if either plaintiff listed above is doing business under a fictitious name. If so, attach form SC-103.
Check here if more than two plaintiffs and attach form SC-100A.
Plaintiff (list names): Case Number:
If more than one plaintiff, list next plaintiff here:
If the defendant is a corporation, limited liability company, or public entity, list the person
or agent authorized for service of process here:
Check here if your case is against more than one defendant, and attach form SC-100A.
Check here if any defendant is on active military duty, and write his or her name here:
The plaintiff claims the defendant owes $
Why does the defendant owe the plaintiff money?
When did this happen? (Date):
Date started: Through:
How did you calculate the money owed to you? (Do not include court costs or fees for service.)
Check here if you need more space. Attach one sheet of paper or form MC-031 and write “SC-100, Item 3” at
the top.
Revised January 1, 2020
SC-100, Page 2 of 5
Plaintiff’s Claim and ORDER to Go to Small Claims Court
(Small Claims)
Mailing address (if different):
Street address:
Street City State Zip
Street City State Zip
Phone:
Name:
Mailing address (if different):
Street address:
Street City State Zip
Street City State Zip
Phone:
Name:
Address:
Street City State Zip
Job title, if known:
Name:
a.
b.
c.
Check here if any plaintiff is a “licensee” or “deferred deposit originator” (payday lender) under Financial
Code sections 23000 et seq.
If no, explain why not:
You must ask the defendant (in person, in writing, or by phone) to pay you before you
sue. If your claim is for possession of property, you must ask the defendant to give you
the property. Have you done this?
Why are you filing your claim at this courthouse?
This courthouse covers the area (check the one that applies):
Is your claim about an attorney-client fee dispute?
Are you suing a public entity?
If yes, you must file a written claim with the entity first.
If the public entity denies your claim or does not answer within the time allowed by law, you can file this form.
Have you filed more than 12 other small claims within the last 12 months in California?
If yes, the filing fee for this case will be higher.
Requests for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter
services are available if you ask at least five days before the trial. Contact the clerk’s office for form
MC-410, Request for Accommodations by Persons With Disabilities and Response. (Civ. Code, § 54.8.)
a.
I understand that by filing a claim in small claims court, I have no right to appeal this
claim.
If yes, I have not filed, and understand that I cannot file, more than two small claims cases for more than $2,500 in
California during this calendar year.
8
7
5
6
5
9
4
11
10
(1) Where the defendant lives or does business.
(2) Where the plaintiff’s property was damaged.
(3) Where the plaintiff was injured.
Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim,
is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ. Proc.,
§ 395(b).)
Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about a
retail installment contract (like a credit card). (Civ Code, § 1812.10.)
Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is
permanently garaged, if this claim is about a vehicle finance sale. (Civ Code, § 2984.4.)
Other (specify):
List the zip code of the place checked in above (if you know):
If yes, and if you have had arbitration, fill out form SC-101, attach it to this form, and check here:
A claim was filed on
(date):
Date:
Plaintiff types or prints name here
Date:
Second plaintiff types or prints name here
Revised January 1, 2020
SC-100, Page 3 of 5
Plaintiff’s Claim and ORDER to Go to Small Claims Court
(Small Claims)
Plaintiff (list names): Case Number:
(4) Where a contract (written or spoken) was made,
signed, performed, or broken by the defendant or
where the defendant lived or did business when the
defendant made the contract.
b.
c.
d.
e.
Yes No
Plaintiff signs here
Second plaintiff signs here
Yes No
Yes
No
Yes No
Is your claim for more than $2,500?
Yes No
I declare, under penalty of perjury under California State law, that the information above and on any attachments to this
form is true and correct.
Information for the defendant (the person being sued)
How do I get ready for court? You don’t have to file any
papers before your trial, unless you think this is the wrong court for
your case. But bring to your trial any witnesses, receipts, and
evidence that supports your case. And read “Be Prepared for Your
Trial” at www.courts.ca.gov/smallclaims/prepare.
"Small claims court" is a special court where claims for
$10,000 or less are decided. Individuals, including "natural
persons" and sole proprietors, may claim up to $10,000.
Corporations, partnerships, public entities, and other businesses
are limited to claims of $5,000. (See below for exceptions.*) The
process is quick and cheap. The rules are simple and informal.
You are the defendant—the person being sued. The person who is
suing you is the plaintiff.
If you were at the trial, file form SC-140, Notice of Appeal. You
must file within 30 days after the clerk hands or mails you the
judge's decision (judgment) on form SC-200 or form SC-130,
Notice of Entry of Judgment.
If you were not at the trial, fill out and file form SC-135, Notice of
Motion to Vacate Judgment and Declaration, to ask the judge to
cancel the judgment (decision). If the judge does not give you a
new trial, you have 10 days to appeal the decision. File form
SC-140.
For more information on appeals, see www.courts.ca.gov/
smallclaims/appeals.
•
•
Do I have options?
Yes. If you are being sued, you can:
Settle your case before the trial. If you and the
plaintiff agree on how to settle the case, the plaintiff must file
form CIV-110, Request for Dismissal, with the clerk. Ask the
Small Claims Advisor for help.
Let the case "default." If you don’t settle and do not go to
the trial (default), the judge may give the plaintiff what he or she
is asking for plus court costs. If this happens, the plaintiff can
legally take your money, wages, and property to pay the
judgment.
Agree with the plaintiff's claim and pay the
money. Or, if you can’t pay the money now, go to your trial
and say you want to make payments.
Sue the person who is suing you. If you have a claim
against the plaintiff, and the claim is appropriate for small claims
court as described on this form, you may file Defendant's Claim
(form SC-120) and bring the claim in this action. If your claim is
for more than allowed in small claims court, you may still file it in
small claims court if you give up the amount over the small
claims value amount, or you may file a claim for the full value of
the claim in the appropriate court. If your claim is for more than
allowed in small claims court and relates to the same contract,
transaction, matter, or event that is the subject of the plaintiff's
claim, you may file your claim in the appropriate court and file a
motion to transfer the plaintiff's 's claim to that court to resolve
both matters together. You can see a description of the amounts
allowed in the paragraph above titled “Small Claims Court.”
Go to the trial and try to win your case. Bring
witnesses, receipts, and any evidence you need to prove your
case. To have the court order a witness to go to the trial, fill out
form SC-107 (Small Claims Subpoena) and have it served on
the witness.
•
•
•
•
•
What if I need more time?
You can change the trial date if:
You cannot go to court on the scheduled date (you will have to
pay a fee to postpone the trial), or
You need more time to get an interpreter. One postponement is
allowed, and you will not have to pay a fee to delay the trial.
You did not get served (receive this order to go to court) at least
15 days before the trial (or 20 days if you live outside the
county), or
Ask the Small Claims Clerk about the rules and fees for
postponing a trial. Or fill out form SC-150 (or write a letter) and
mail it to the court and to all other people listed on your court
papers before the deadline. Enclose a check for your court fees,
unless a fee waiver was granted.
Need help?
Your county’s Small Claims Advisor can help for free.
•
•
•
?
Or go to www.courts.ca.gov/smallclaims/advisor.
Do I need a lawyer? You may talk to a lawyer before or after
the case. But you may not have a lawyer represent you in court
(unless this is an appeal from a small claims case).
What if I lose the case?If you lose, you may appeal. You’ll
have to pay a fee. (Plaintiffs cannot appeal their own claims.)
What happens at the trial? The judge will listen to both
sides. The judge may make a decision at your trial or mail the
decision to you later.
Where can I get the court forms I need? Go to any
courthouse or your county law library, or print forms at www.
courts.ca.gov/smallclaims/forms.
What if I need an accommodation? If you have a
disability or are hearing impaired, fill out form MC-410, Request for
Accommodations. Give the form to your court clerk or the ADA/
Access Coordinator.
What if I don’t speak English well? Ask the court clerk
as soon as possible for a court-provided interpreter. You may use
form INT-300 or local court form to request an interpreter. If a
court interpreter is not available at the time of your trial, it may be
necessary to reschedule your trial. You cannot bring your own
interpreter for the trial unless the interpreter has been approved
by the court as a certified, registered, or provisionally qualified
interpreter. (See Cal. Rules of Court, rule 2.893, and form
INT-140.)
* Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116.220(c).)
SC-100
Revised January 1, 2020
SC-100, Page 4 of 5
Plaintiff’s Claim and ORDER to Go to Small Claims Court
(Small Claims)
before your trial explaining why you think this is the wrong court.
Ask the court to dismiss the claim. You must serve (give) a copy
of your letter (by mail or in person) to all parties. (Your letter to
the court must say you have done so.)
Prove this is the wrong court. Send a letter to the court
•
(858) 634-1777 Advisor's Number
(858) 634-1900 Recorded Information
¿Qué pasa si pierdo el caso? Si pierde, puede apelar. Tendrá que
pagar una cuota. (El Demandante no puede apelar su propio reclamo.)
Reclamo del Demandante y ORDEN
Para Ir a la Corte de Reclamos Menores
(Reclamos Menores)
Revised January 1, 2020
SC-100, Page 5 of 5
Información para el demandado (la persona demandada)
La “Corte de reclamos menores” es una corte especial donde se
deciden casos por $10,000 o menos. Los individuos, o sea las
“personas físicas” y los propietarios por cuenta propia, pueden
reclamar hasta $10,000. Las corporaciones, asociaciones, entidades
públicas y otras empresas solo pueden reclamar hasta $5,000. (Vea
abajo para las excepciones.*) El proceso es rápido y barato. Las
reglas son sencillas e informales. Usted es el Demandado—la
persona que se está demandando. La persona que lo está
demandando es el Demandante.
Si estuvo presente en el juicio, llene el formulario SC-140, Aviso de
apelación (Notice of Appeal). Tiene que presentarlo dentro de 30
días después de que el secretario le entregue o envíe la decisión
(fallo) del juez en el formulario SC-200 o SC-130, Aviso de
publicación del fallo (Notice of Entry of Judgment).
Si no estuvo en el juicio, llene y presente el formulario SC-135,
Aviso de petición para anular el fallo y Declaración para pedirle al
juez que anule el fallo (decisión). Si la corte no le otorga un nuevo
juicio, tiene 10 días para apelar la decisión. Presente el formulario
SC-140.
Para obtener más información sobre las apelaciones, vea www.
courts.ca.gov/reclamosmenores/apelaciones.
¿Tengo otras opciones? Sí. Si lo están demandando, puede:
Resolver su caso antes del juicio. Si usted y el Demandante se
ponen de acuerdo en cómo resolver el caso, el Demandante tiene
que presentar el formulario CIV-110, Solicitud de desestimación
(Request for Dismissal) ante el secretario de la corte. Pídale al
Asesor de Reclamos Menores que lo ayude.
No ir al juicio y aceptar el fallo por falta de comparecencia. Si
no llega a un acuerdo con el Demandante y no va al juicio (fallo
por falta de comparecencia), el juez le puede otorgar al
Demandante lo que está reclamando más los costos de la corte.
En ese caso, el Demandante legalmente puede tomar su dinero,
su sueldo o sus bienes para cobrar el fallo.
Aeptar el reclamo del Demandante y pagar el dinero. O, si no
puede pagar en ese momento, vaya al juicio y diga que quiere
hacer los pagos.
Demandar a la persona que lo demandó. Si tiene un reclamo
contra el Demandante, y el reclamo se puede presentar en la
corte de reclamos menores, tal como se describe en este
formulario, puede presentar el formulario SC-120, Reclamo del
demandado (Defendant’s Claim) y presentarlo en este mismo
caso. Si su reclamo excede el límite permitido en la corte de
reclamos menores, puede igualmente presentarlo en la corte de
reclamos menores si está dispuesto a limitar su reclamo al
máximo permitido, o puede presentar un reclamo por el monto
total en la corte apropiada. Si su reclamo excede el límite
permitido en la corte de reclamos menores y está relacionado con
el mismo contrato, transacción, asunto o acontecimiento que el
reclamo del Demandante, puede presentar su reclamo en la corte
apropiada y presentar una moción para transferir el reclamo del
Demandante a dicha corte, para poder resolver los dos reclamos
juntos. Puede ver una descripción de los montos permitidos en el
párrafo anterior titulado “Corte de reclamos menores”.
Ir al juicio y tratar de ganar el caso. Lleve testigos, recibos y
cualquier prueba que necesite para probar su caso. Si desea que
la corte emita una orden de comparecencia para que los testigos
vayan al juicio, llene el formulario SC-107, Citatorio de reclamos
menores (Small Claims Subpoena) y entrégueselo legalmente al
testigo.
Probar que es la corte equivocada. Envíe una carta a la corte
antes del juicio explicando por qué cree que es la corte
equivocada. Pídale a la corte que despida el reclamo.Tiene que
entregar (dar) una copia de su carta (por correo o en persona) a
todas las partes. (Su carta a la corte tiene que decir que hizo la
entrega.)
•
•
•
•
•
•
¿Qué hago si necesito más tiempo? Puede cambiar la fecha del
juicio si:
• No puede ir a la corte en la fecha programada (tendrá que pagar
una cuota para aplazar el juicio), o
• No le entregaron los documentos legalmente (no recibió la orden
para ir a la corte) por lo menos 15 días antes del juicio (ó 20 días
si vive fuera del condado), o
• Necesita más tiempo para conseguir intérprete. (Se permite un
solo aplazamiento sin tener que pagar cuota para aplazar el
juicio).
Pregúntele al secretario de reclamos menores sobre las reglas y las
cuotas para aplazar un juicio. O llene el formulario SC-150 (o escriba
una carta) y envíelo antes del plazo a la corte y a todas las otras
personas que figuran en sus papeles de la corte. Adjunte un cheque
para pagar los costos de la corte, a menos que le hayan dado una
exención.
¿Necesita ayuda? El Asesor de Reclamos Menores de su
condado le puede ayudar sin cargo.
O visite www.courts.ca.gov/reclamosmenores/asesores.
¿Necesito un abogado? Puede hablar con un abogado antes o
después del caso. Pero no puede tener a un abogado que lo
represente ante la corte (a menos que se trate de una apelación de un
caso de reclamos menores).
¿Cómo me preparo para ir a la corte? No tiene que presentar
ningunos papeles antes del juicio, a menos que piense que ésta es la
corte equivocada para su caso. Pero lleve al juicio cualquier testigos,
recibos y pruebas que apoyan su caso. Y lea “Esté preparado para su
juicio” en www.courts.ca.gov/reclamosmenores/preparese.
¿Qué hago si necesito una adaptación? Si tiene una discapacidad
o tiene impedimentos de audición, llene el formulario MC-410,
Request for Accomodations. Entregue el formulario al secretario de la
corte o al Coordinador de Acceso/ADA de su corte.
¿Dónde puedo obtener los formularios de la corte que necesito?
Vaya a cualquier edificio de la corte, la biblioteca legal de su condado,
o imprima los formularios en www.courts.ca.gov/ smallclaims/forms
(página está en inglés).
¿Qué pasa en el juicio? El juez escuchará a ambas partes. El juez
puede tomar su decisión durante la audiencia o enviársela por correo
después.
•
•
¿Qué pasa si no hablo bien inglés? Solicite un intérprete al
secretario de la corte lo más pronto posible. Puede usar el formulario
INT-300 o un formulario de su corte local. Si no está disponible un
intérprete de la corte para su juicio, es posible que se tenga que
cambiar la fecha de su juicio. No puede llevar su propio intérprete
para el juicio a menos que el intérprete haya sido aprobado por la
corte como un intérprete certificado, registrado, o provisionalmente
calificado. (Vea la regla 2.893 de las Reglas de la Corte de California,
y el formulario INT-140.)
* Excepciones: Existen diferentes límites en un reclamo contra un garante. (Vea el Código de Procedimiento Civil, sección 116.220 (c).)
SC-100
?
(858) 634-1777 Advisor's Number
(858) 634-1900 Recorded Information
If more than two plaintiffs (person, business, or entity suing), list their information below:
If more than one defendant (person, business, or entity being sued), list their information
below:
Judicial Council of California, www.courts.ca.gov
Revised January 1, 2017, Mandatory Form
Code of Civil Procedure, § 116.110 et seq.
Other Plaintiffs or Defendants
(Attachment to Plaintiff's Claim and ORDER
to Go to Small Claims Court)
Is this plaintiff doing business under a fictitious name? If yes, attach form SC-103.
Is this plaintiff doing business under a fictitious name? If yes, attach form SC-103.
Mailing address (if different):
Zip:
State: Zip:
I declare under penalty of perjury under California state law that the information above and on any attachments to this
form is true and correct.
I understand that by filing a claim in small claims court, I have no right to appeal this
claim.
If yes, I have not filed, and understand that I cannot file, more than two small claims cases for more than $2,500 in
California during this calendar year.
SC-100A, Page __ of __
1
2
3
4
Other plaintiff’s name:
Street address:
City:
Yes No
Yes No
Check here if more than 4 plaintiffs and fill out and attach another form SC-100A.
Check here if your case is against more than two defendants, and fill out and attach another form SC-100A.
Date:
Type or print your name
Date:
Type or print your name
State:
City:
Street address:
City: State: Zip:
Mailing address (if different):
Zip:State:City:
Other defendant’s name:
Street address:
Zip:State:City:
Mailing address (if different):
Zip:State:City:
Name:
Address:
Zip:State:
City:
Other plaintiff’s name:
SC-100A
Other Plaintiffs or Defendants
Case Number:
This form is attached to form SC-100, item 1 or 2.
Sign your name
Sign your name
Phone:
Phone:
Phone:
Job title, if known:
If this defendant is a corporation, limited liability company, or public entity, list the person or agent authorized for
service of process:
Is your claim for more than $2,500?
No
Yes
“Service” or “serving” is when someone—not you or
anyone else listed in this case—gives a copy of your
court papers to the person, business, or public entity you
are suing. Service lets the other party know:
• What you are asking for
• When and where the trial will be and
• What the party can choose to do
SC-104B, Page 1 of 2
What Is “Proof of Service”?
(Small Claims)
SC-104B
What Is “Proof of Service”?
What is “service”?
This form tells you how to serve by personal service or
substituted service.
How is service done?
The judge cannot hear your case unless the court papers
were served correctly.
What if the court papers do not get served?
Yes. You can pay the court to mail your claim to the
person you are suing. But if the person you are suing or
the person’s agent for service doesn’t sign the U.S.
Postal Service mail receipt with his or her complete
name, or if someone else signs the receipt, you will have
to serve again using personal or substituted service.
Can the court serve the papers for me?
Ask someone who is at least 18 and not listed in this
case to personally “serve” (give) a copy of your court
papers to the person or the agent authorized to accept
court papers for the person, business, or public entity
listed on Form SC-104.
How is personal service done?
If you don’t want to use personal service or can’t find
the person to be served, ask someone who is at least 18
and not listed in this case to serve the court papers.
How is substituted service done?
You can ask a friend, a process server, or the Sheriff.
The server must be at least 18 and not listed in the case.
Who can serve?
• Fill out and sign page 2 of Form SC-104, Proof of
Service.
• Write down that person’s name and say, “Please give
these court papers to [name of person to be served].”
If the person does not want to give his or her name,
describe the person you served.
• Mail another copy of the papers (by first-class mail)
• to the person being sued at the same address where
• you left the papers.
• Give that person copies of all papers checked on Form
SC-104, Proof of Service. If the person won’t take the
papers, just leave them near the person.
• Fill out and sign page 2 of Form SC-104, Proof of
Service.
• Give the person copies of all papers checked on
Form SC-104, Proof of Service. If the person won’t
• take the papers, just leave them near the person.
It doesn’t matter if the person tears them up.
• Say, “These are court papers.”
• Walk up to the person to be served.
A “process server” is someone you pay to deliver court
forms. Look in the Yellow Pages under “Process
Serving.” The Sheriff (or Marshal if your county has
one) can also deliver court forms. Ask the court clerk
how to contact the Sheriff. Or look in the county section
of your phone book under “Sheriff.” You must pay the
server, unless you qualify for a fee waiver.
Personal service means someone gives the papers
directly to the person being sued or to the agent
authorized to accept service (business or public entity).
There are strict rules for serving court papers. This form
explains how to serve these forms:
• Form SC-100, Plaintiff’s Claim
• Form SC-120, Defendant’s Claim
Give the server a separate Proof of Service form for each
person, business, or public entity you are suing. And tell
the server to:
Substituted service means someone gives the papers to
an adult where the person lives, works, or receives mail
(including a private post office box, but not a U.S. Postal
Service P.O. Box).
Judicial Council of California, www.courts.ca.gov
Rev. January 1, 2011
Then do the following:
Give the server a separate Proof of Service form for each
person, business, or public entity you are suing. Tell the
server to give the papers to:
• A competent adult (at least 18) at the home of and
living with the person to be served or
• An adult who seems to be in charge where the person
to be served usually works or
• An adult who seems to be in charge where the person
receives mail (including a private mailbox, but not a
U.S. Postal Service P.O. Box). Note: This is only for
cases where the physical address of the person to be
served is not known.
1
•
If a process server or Sheriff served the papers, he or she
can file Form SC-104, Proof of Service, with the clerk.
If the server used a different Proof of Service form, ask
him or her to list each paper served on the form. Also
make sure that the registered server will file the original
directly with the court and will mail you a copy of the
filed form. Take it with you when you go to court.
What does the server do with the original
Proof of Service form?
When do the court forms have to be served?
If you were not able to serve your claim (Form SC-100
or SC-120) before the deadline for service, talk to your
Small Claims Clerk. Each county has its own rules.
What if I can’t get the court papers served
before the trial?
If you are suing a person (or people)—not a business or
public entity—serve each person you are suing. For
example, if you were in a car accident and you are suing
the owner and the driver of the car, you must list the
names of the owner and the driver on your claim and
serve both people.
Who do I have to serve?
If you are suing a business, an association, or a public
entity, read Form SC-104C, How to Serve a Business.
If the owner and driver are not the same person:
Lee Smith, owner and driver
Bob Smith, owner
If the owner and driver are the same person:
Lee Smith, owner and driver
You need to file the original completed Proof of Service
form 5 days before your trial.
If a friend served the papers, tell him or her to give the
completed form back to you. Keep a copy for your
records and take the copy with you when you go to
court.
If the person, business, or public entity to be served is
outside California or if you are serving a different form,
ask the Small Claims Advisor for more information.
If you are serving Form SC-100, Plaintiff’s Claim,
look at the trial date on page 1. Then, look at a
calendar.
SC-104B
What Is “Proof of Service”?
SC-104B, Page 2 of 2
What Is “Proof of Service”?
(Small Claims)
For substituted service, subtract 25 days from the date
the server mailed a copy of the court papers served (or
30 days if the person, business, or public entity is
located outside the county). That’s the deadline for
serving your small claims forms. But you can serve
the forms before the deadline.
The
people
in
and
must
go
to
co
2
If you already served your claim on some parties but not
everyone you are suing, you may need to fill out and file
Form SC-150, Request to Postpone Trial, at least 10
days before the trial date (or explain why you couldn't
meet the 10-day deadline). Then give or mail a copy of
this form to all other Plaintiffs and Defendants listed on
your court papers.
Need help?
Your county’s Small Claims Advisor can help
for free.
?
Or go to “County-Specific Court Information” at:
www.courtinfo.ca.gov/selfhelp/smallclaims
Rev. January 1, 2011
For personal or substituted service, subtract 5 days
from the trial date. That’s the deadline for serving
your small claims forms if you were served at least
11 days before the trial. If you were served 10 days or
less before the trial date, you must serve at least 1 day
before the trial. But you can serve the forms before
the deadline.
The court may postpone your trial for 15 days or more.
Examples:
If you are serving Form SC-120, Defendant’s Claim,
look at the trial date on page 1. Then look at a calendar.
For personal service, subtract 15 days from the trial
date (or 20 days if the person, business, or public
entity is located outside the county). That’s the
deadline for serving your small claims forms. But
you can serve the forms before the deadline.
•
Date Time
1.
Trial
Date
(858) 634-1777 Advisor's Number
(858) 634-1900 Recorded Information
SC-104C How to Serve a Business or Public Entity (Small Claims)
To serve a public entity, see page 2.
You must serve the right person and write the exact name of the business and the person to be served.
Use this form to make sure you serve correctly, and follow the instructions on Proof of Service, form SC-104.
How to Serve a Business or Public Entity
(Small Claims)
Need help?
For free help, contact your county’s Small Claims Advisor:
(858) 634-1777 Advisor's Number
(858) 634-1900 Recorded Information
Or, go to "County-Specific Court Information" at: www.courts.ca.gov/selfhelp/smallclaims
SC-104C, Page 1 of 2
Judicial Council of California, www.courts.ca.gov
Revised July 1, 2017
?
Unknown
Business Type
Limited Liability Company (LLC),
Limited Liability Partnership (LLP),
Limited Partnership (LP)
Corporation,
Association
LandlordPartnershipSole
Proprietorship
(Only 1 owner)
Business Type:
• Business name,
form unknown
• Owner's name
and job title (if
you know it)
• Company or partnership name
• Name of agent or partner for
service and job title
• Corporation name
• Name of corporate officer
or agent for service and job
title
• Business name (if
there is one)
• Owner's name
and job title
• Partnership name
• Name of partner,
general manager, or
agent for service and
job title
• Business name
• Owner's name and
job title
Write on your
Proof of
Service form:
Try the other
resources listed on
this page to see if
they know more
about the
business's
organization type,
like corporation or
sole proprietorship.
Search under Corporation, LP and LLC at the California Secretary
of State website: businesssearch.sos.ca.gov/
Or call:1-916-657-5448
OR
County Clerk–Recorder's Office: (Ask to see the fictitious business
name statement.) Your county's website may have this information.
OR
City Clerk's Office: (Ask to see the business license.) Your city's
website may have this information.
County Tax Collector• County Clerk–Recorder's or County Tax
Assessor's Office (Ask to see the fictitious
business name statement.) Your county's
Web site may have this information.
Check: www.csac.counties.org.
• City Clerk's Office (Ask to see the
business license.) Your city's website may
have this information.
Check that you
have the exact
names of the
owner and
business with:
Someone who
seems to be in
charge of the
business during
normal business
hours
Agent for service listed with
Secretary of State
To serve a limited partnership, you
can also serve the general partner.
Agent for service listed with
Secretary of State or any
corporate officer (president,
vice-president, secretary,
treasurer), chief executive
officer (CEO), controller, chief
financial officer, or general
manager
The property owner or
manager (Read Civil
Code sections 1962–
1962.7.)
If you are suing a
partnership, serve one
of the partners.
If you are suing a
partnership and the
partners, serve each
partner.
The ownerServe:
SC-104C How to Serve a Business or Public Entity (Small Claims)
To serve a business, see page 1.
How to Serve a Business or Public Entity
(Small Claims)
Need help?
For free help, contact your county’s Small Claims Advisor:
(858) 634-1777 Advisor's Number
(858) 634-1900 Recorded Information
Or, go to "County-Specific Court Information" at: www.courts.ca.gov/selfhelp/smallclaims
SC-104C, Page 2 of 2
Revised July 1, 2017
?
You must serve the right person and write the exact name of the public agency and the person to be served.
Use this form to make sure you serve correctly, and follow the instructions on Proof of Service, form SC-104.
Federal AgencyState of California,
State Agency
City, County, or Public Entity
Note:
Before you sue, you must first file a claim with the state or
the state agency. To file a claim, see:
www.dgs.ca.gov/orim/Programs/
GovernmentClaims.aspx or call: 1-800-955-0045
Important!
Before you sue, you must first file a claim with the public
entity. Contact it and ask for the claim procedures.
• Name of the agency you are suing
• Name of agent for service
• Name of city, county, or public entity
• Name of city clerk, county clerk, chief officer, or agent for
service and job title
Write on your
Proof of
Service form:
Call the agency to confirm the name and address for
service. Use the State Directory:
1-800-807-6755
Or search: cold.ca.gov under "agency information"
Call the city or county clerk. See the government pages of
your phone book.
Or search under the California Roster at the California
Secretary of State website:
www.sos.ca.gov/administration/california-roster/
Check that you
have the exact
names of the
owner and
business with:
You cannot sue a federal agency
in small claims court.
Use this general address for service:
Office of the Attorney General
1300 I Street
Sacramento, CA 95814
Exception: if your claim involves California Department of
Transportation (Caltrans), serve it at:
California Department of Transportation
1120 N Street
Sacramento, CA 95814
City or county clerk, chief officer or director of public agency,
or agent authorized to accept service
Serve:
American LegalNet, Inc.
www.FormsWorkflow.com
I served the person in a copy of the documents checked below:
SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court
a.
b.
SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court
c.
Order for examination (This form must be personally served. Check the form that was served):
d.
Other (specify):
3
1
• Give a copy of all the documents checked in to one of the following people:
a.
A competent adult (at least 18) living with, and at the home of the person in , or
b.
An adult (at least 18) who seems to be in charge at the usual workplace of the person in , or
c. An adult (at least 18) who seems to be in charge where the person in usually receives
mail
(but not a U.S. Post Office box), if there is no known physical address for the person in .
and mail a copy of the documents left with one of the adults in a, b, or c above to the person in .
SC-134, Application and Order to Produce Statement of Assets and to Appear for Examination
(1)
AT-138/EJ-125, Application and Order for Appearance and Examination
(2)
Note: The court can issue a civil arrest warrant if the served party does not come to court only if the order for
examination was personally served by a registered process server, sheriff, marshal, or someone appointed by the court.
To serve a business, you must serve one of the following people:
•
Any person authorized for service with the Secretary of State
(corporation,
association, limited liability company [LLC], limited liability partnership
[LLP], limited partnership)
• Clerk (of a city or county)
•
Chief officer or director (of a public agency)
To serve a public entity, you must first file a claim with that entity, then
serve one of the following people:
SC-104
Proof of Service
• Owner (for a sole proprietorship)
b. If you are serving a business or entity, write the name of the business
or entity, the person authorized for service, and that person’s job title:
2
SC-104, Page 1 of 2
Judicial Council of California, www.courtinfo.ca.gov
Revised January 1, 2009, Optional Form
Code of Civil Procedure, §§ 116.340, 415.10, 415.20
Proof of Service
(Small Claims)
1
Clerk stamps date here when form is filed.
Fill in court name and street address:
Case Number:
Fill in case number, case name, hearing date,
day, time, and department below:
Instructions to Server:
Use this form to serve a person, a business, or a public entity. To learn more
about proof of service, read What Is "Proof of Service"?, Form SC-104B. To
learn more about how to serve a business or entity, read How to Serve a
Business or Public Entity, Form SC-104C.
• Any officer or general manager (corporation or association)
•
Any person authorized for service by the business (corporation, association,
general partnership, limited partnership)
Case Name:
a. If you are serving a person, write the person’s name below:
THEN
• Complete and sign this form, and
• Give or mail your completed form to the person who asked you to serve these court papers, in time for
the form to be filed with the court at least 5 days before the hearing.
•
Any person authorized for service by the entity
• Partner (for a partnership) or general partner (for a limited partnership)
Hearing Date:
Time:
Dept.:
You must be at least 18 years old and not be named in this case. Follow these steps:
• Give a copy of all the documents checked in to the person in , or
3
1
1
1
1
3
1
Business or Agency Name
Person Authorized for Service Job Title
1
683(5,25&28572)&$/,)251,$
&2817<2)6$1',(*2
CENTRAL DIVISION, SMALL CLAIMS,
330 W. BROADWAY , SAN DIEGO, CA 92101
c. With someone else I asked to mail the documents to the person in , and I have attached that person’s
completed Form SC-104A.
Personal Service: I personally gave copies of the documents checked in to the person in :
a.
At (time):
On (date): a.m. p.m.
At this address:
Substituted Service: I personally gave copies of the documents checked in (a, b, or d) to (check one):
b.
Name or description of the person I gave the papers to:
A competent adult (at least 18) at the home of, and living with the person in , or
An adult who seems to be in charge where the person in usually receives mail, or has a private
post office box (not a U.S. Post Office box), if there is no known physical address for the person in .
I told that adult, "Please give these court papers to (name of person in )."
After serving the court papers, I put copies of the documents listed in in an envelope, sealed the envelope,
and put first-class prepaid postage on it. I addressed the envelope to the person in at the address where I
left the copies.
Server’s Information
Phone:
Address:
If you are a registered process server:
County of registration:
Registration number:
I declare under penalty of perjury under California state law that I am at least 18 years old and not named in this
case and that the information above is true and correct.
Date:
Type or print server’s name Server signs here after serving
4
5
6
Fill out “a” or “b” below:
3
1
1
Fee for service: $
Zip:City: State:
At (time):I did this on (date):
a.m.
p.m.
At this address:
Zip:City: State:
Zip:
City:
State:
Name:
SC-104, Page 2 of 2
Revised January 1, 2009
Proof of Service
(Small Claims)
Case Number:
Case name:
1
3
1
I mailed the envelope on (date): from (city, state):
by leaving it (check one):
a. At a U.S. Postal Service mail drop, or
b. At an office or business mail drop where I know the mail is picked up every day and deposited with the
U.S. Postal Service, or
An adult who seems to be in charge where the person in usually works, or
1
1
1
3
1
SDSC SC-026 (Rev. 9/17) INFORMATION FOR SMALL CLAIMS PARTIES
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
SMALL CLAIMS COURT
INFORMATION FOR SMALL CLAIMS PARTIES
This form provides information for the party filing a small claims case. For additional information about small claims court, visit the Superior Court’s
website at www.sdcourt.ca.gov
.
Interpreter: If you have a small claims trial scheduled and need an interpreter, complete the Interpreter Request/Cancellation form (SDSC
Form #ADM-348) as far in advance of your trial as possible. The form can be brought to the business office during business hours, placed
in the drop box or mailed to the court location noted on your paperwork. The court will try to schedule an interpreter for the date and time of
your trial at no cost to you, but cannot guarantee that one will be available. Alternatively, you may bring an adult, who is not a witness on
this case, or an attorney to interpret for you. CANCELATION OF INTERPRETER: IT IS THE RESPONSIBILITY OF THE PARTY FOR
WHOM AN INTERPRETER WAS REQUESTED, OR HIS/HER ATTORNEY, TO NOTIFY THE COURT IMMEDIATELY IF AN
INTEPRETER IS NO LONGER NEEDED.
Imaging of Documents: Effective October 2, 2017, all new claims will be assigned to an Imaging Department. You should be aware that
the electronic copy of the filed document(s) will be the official court record pursuant to Government Code section 68150. The paper filings
will be imaged and held for 30 days. BE ADVISED: The original documents will be destroyed and recycled. Thus, DO NOT attach
original documents or exhibits to your filings. Original documents necessary for a hearing or that are being submitted per the terms of
an order granting permission to appear telephonically, shall be lodged in advance pursuant to California Rules of Court, rule 3.1302(b). The
preferred method to lodge documents is to complete the Notice of Lodgment – Small Claims form (SDSC Form #SC-061).
Serving the Paperwork: You are responsible for having your claim served upon the other party. The person who performs the service must
complete a proof of service form and return it to the court at least five (5) days prior to the trial. For more information, see What is “Proof of
Service”? form (JC Form #SC-104B). The most common ways to serve a party include the following:
• Professional process server: These are businesses whose sole function is to serve legal papers. They will complete and file the Proof
of Service (JC Form #SC-104).
• Any individual at least 18-years-old and not a party to the lawsuit: He or she must fill out and file the Proof of Service (JC Form #SC-104)
with the court at least five (5) days prior to the trial.
• Certified Mail, sent by the court: For a fee (see the court’s Fee Schedule (SDSC Form #ADM-001), available on the court’s website, for
the current fee amount), the court will send the claim to the other party by certified mail. Certified mail is not a guaranteed method of
service and the fee is not refundable. If someone other than the addressee signs the green certified mail card or it is returned unsigned,
the service of process is invalid. The clerk will provide you with a tracking number. All inquiries re: tracking and/or delivery must be
addressed with the U.S. Postal Service. You may track your mailing online using the U.S. Postal Service’s website at www.usps.com
.
• If you are requesting the court to send Certified Mail, your name and address will be listed on the green certified mail card as the “sender”,
and certified mail envelope as the return address. BE ADVISED: You are responsible for filing with the court the original signed
green card as proof of service. The preferred method of filing the original green card is to attach it to the Return Receipt for Certified
Mail – Original Green Card (SDSC Form #SC-060).
Request to Postpone Trial: A reset or continuance of trial may be requested as follows:
• Request for Reset: If the defendant HAS NOT been served, the clerk’s office will reset the trial ONE time only. All requests for reset
must be made in writing, preferably on a Request to Postpone Trial (JC Form #SC-150), at least two (2) court days prior to the original
trial date. Requests received by the court less than two days before the trial will be considered by the judicial officer. It is possible that
no decision will be made with regard to the request until the trial date. No fee is required.
o CERTIFIED MAIL: The clerk’s office can only reset the trial if the certified mail was returned unclaimed/undeliverable. If the
certified mail envelope has not been returned, the request for reset must be made in court on the trial date.
• Request for Continuance: If the defendant HAS been served, the clerk may grant no more than ONE continuance per party. All
requests for continuance must be made in writing, preferably on a Request to Postpone Trial (JC Form #SC-150), at least ten (10)
calendar days before the trial date (see Code Civ. Proc. § 116.570) and the appropriate fee must be paid (see the court’s Fee
Schedule, available on the court’s website, for the current fee amount). The party requesting the continuance should mail or personally
deliver a copy of the request to each of the other parties. Requests received by the court less than ten days before the trial will be
considered by the judicial officer. It is possible that no decision will be made with regard to the request until the trial date.
o CERTIFIED MAIL: The clerk’s office can only process a continuance on a case served by certified mail if the green certified mail
card was returned signed. If the green certified mail card is returned unsigned the request will be forwarded to the judicial officer
for consideration. It is possible that no decision will be made with regard to the request until the trial date. Continuance requests
received in cases with multiple defendants with one or more outstanding certified mail green card(s), will be forwarded to the judicial
officer for consideration. It is possible that no decision will be made with regard to the request until the trial date.
Failure to appear at the scheduled trial may result in the case being dismissed (see SDSC Local Rule 2.4.4). If the court dismisses
the case without prejudice, you may be able to refile your case after paying a new filing fee. If your case is dismissed with prejudice, you
may not refile your case.
Change of Address or Phone Number: You must advise the court of any change of address or telephone number by filing a Notice of Change
of Address or Other Co
ntact Information (JC Form #MC-040). Judicial Council forms may be found at www.courtinfo.ca.gov.
SDSC SC-044 (Rev. 12/14) REQUEST FOR DISMISSAL – SMALL CLAIMS
PARTY WITHOUT ATTORNEY (Name and address):
TELEPHONE NO.: FAX NO.(Optional):
EMAIL ADDRESS (Optional):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
CENTRAL DIVISION, SMALL CLAIMS, 330 W. BROADWAY, SAN DIEGO, CA 92101
PLAINTIFF(S)
DEFENDANT(S)
REQUEST FOR DISMISSAL – SMALL CLAIMS
CASE NUMBER
To the clerk of the court:
I am the plaintiff defendant in this case and I am asking the court to dismiss (select one of the following):
all claims I have in this case as to all parties.
the claim I have in this case as to only.
(name of party)
I am asking the court to dismiss the claim or party above (select one of the following):
Without prejudice (disposes of the lawsuit and any claim about the same facts or dispute can only be filed before
the legal deadline). You may wish to seek legal advice for clarification.
With prejudice (disposes of the lawsuit permanently). I understand that I am giving up the right to file another
claim against defendant(s) about the same facts or dispute. You may wish to seek legal advice for clarification.
Date:
Type or Print Name Signature of Party (or authorized agent, including title)
Date:
Type or Print Name Signature of Party (or authorized agent, including title)
NOTE: IF A CLAIM OF DEFENDANT HAS BEEN FILED, DISMISSAL OF THE PLAINTIFF’S CLAIM WILL NOT
DISMISS THE CLAIM OF THE DEFENDANT, NOR WILL THE DISMISSAL OF A CLAIM OF DEFENDANT
DISMISS A PLAINTIFF’S CLAIM.
DO NOT USE THIS DISMISSAL FORM IF JUDGMENT HAS BEEN RENDERED. YOU MAY WISH TO SEEK LEGAL
ADVICE.
SDSC SC-064 (New 9/17) PRE-TRIAL CHECK LIST – SMALL CLAIMS TRIALS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
PRE-TRIAL CHECKLIST – SMALL CLAIMS TRIALS
SERVE Your Plaintiff’s Claim and Order to go to Court to each named Defendant (JC Form #SC-100).
Most common ways to serve a party include:
• OPTION 1 – Pay the court a fee to mail your claim by Certified Mail. See the court’s Fee Schedule
(SDSC Form #ADM-001) for current fee amount. Note: This is not a guaranteed method of service
and the fee is not refundable.
• OPTION 2 – Ask any individual at least 18 years-of-age, and not a party to the lawsuit, to serve one
copy of your claim and the Notice of Case Assignment to EACH named defendant.
• OPTION 3 – Hire a professional process server to perform service.
COMPLETE and SUBMIT the Proof of Service Small Claims (JC Form #SC-104) a minimum of 5
days prior to the trial.
• You MUST fill out a separate Proof of Service (JC Form #SC-104) for EACH named defendant.
• For additional information, see What is “Proof of Service”? (JC Form #SC-104B).
• For ANY additional questions about service of process, contact the Small Claims Legal Advisor at
(858) 634-1777.
If you are UNABLE TO SERVE the defendant, see Information For Small Claims Parties form
(SDSC #SC-026) for information regarding how to request a reset or continuance of your trial
date. For any additional questions, contact the Small Claims Legal Advisor at (858) 634-1777.
COMPILE and ORGANIZE all documents you will use as evidence for your case.
• Label paperwork with a “P” if you are the plaintiff, and a “D” if you are the defendant. It is
recommended you staple, paperclip, or binder all papers.
• DO NOT file exhibits with the court unless you have been authorized to appear by telephone by the
Court. Bring them with you on the day of trial.
GATHER any witnesses you will need for your case.
• Make sure your witnesses are informed of the hearing date, time, and location.
• For information regarding the subpoena process contact the Small Claims Advisor at
(858) 634-1777.
If you are UNABLE TO ATTEND your hearing date due to an emergency…
• Review the Authorization to Appear (JC Form #SC-109) to see who is eligible to appear on your
behalf. This form can be found on the Superior Court’s website at www.sdcourt.ca.gov.
ON THE DAY OF YOUR SMALL CLAIMS TRIAL:
Report to the San Diego Superior Court department listed on the Plaintiff’s Claim and Order to
Go to Small Claims or Notice of Hearing.
• Be on time.
• Check-in with courtroom clerk or designated staff. Follow all directions.
• You will be offered the opportunity to mediate your case prior to trial. For additional information, see
Mediation Information for Small Claims Parties form (SDSC Form #SC-063).
• Have your exhibits organized and ready to present to the Court.
• Be prepared to exchange for review by the opposing party any exhibit you plan on submitting the
Court.
• Additional department requirements or information may be provided by the courtroom clerk or
designated staff on the day of trial. Follow all directions.
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