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What are California Small Claims Cases and Class Action Lawsuits?
California small claim cases refer to legal disputes between private litigants with financial claims not exceeding $10,000 for individuals and $5,000 for corporate entities. These cases are typically heard by special courts known as Small Claims Courts, which are designed to resolve small claim disputes quickly and as cheaply as possible. To be eligible to file a small claims suit, the complainant should be at least 18 years of age. Younger plaintiffs may file through their parents or guardians.
On the other hand, class action lawsuits may be described as a group complaint filed by a representing plaintiff. In class actions, the representing plaintiff may be more than one person, depending on the complexity. Class action lawsuits are usually filed against state institutions or corporate agencies.
California public records may also be accessed via third-party aggregate sites. These websites are a convenient alternative to government-owned resources since they are typically accessible remotely and aggregate records from multiple jurisdictions in one database. To use third-party search engines, inquirers are typically required to provide the following information:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.
Third-party sites are operated independently of government sources. Thus, record availability, accuracy, and validity may not be guaranteed.
What Cases Are Heard by Small Claims Courts in California?
Some of the cases heard by small claims courts include, but are not exclusive to:
- Product liability- arises from injury by a defective product.
- Professional or occupational malpractice—losses or damage arising from any carelessness or negligence of the skilled worker
- Nuisance- often happens between neighbors where the activities of one of them infringe on the peace or comfort of the other.
- Personal injury- damage or loss resulting from another’s carelessness, e.g., a careless driver caused an accident.
- Damage to property
- Defamation of business or personal image
- Unpaid wages
- Bad check or debt
- Car repair disputes
- Problems with Home Improvement Contractors
- Security deposits
What is a Class Action Lawsuit in California?
Section 382 of the California Code of Civil Procedure describes class action lawsuits as legal actions taken by one or a few persons on behalf of persons with a relevant common interest. They usually involve a large number of persons with the same complaint against the same legal entity.
How do I File a Claim in a California Small Claims Court?
The minimum age for persons who wish to file a complaint at a small claims court in California is generally 18 years. Younger or mentally disabled persons are required to file their claims through their immediate families, such as parents or spouses. The plaintiff may consult an attorney for advice before the hearing, but attorneys are not allowed to represent plaintiffs in court. Also, an individual may not be permitted to file claims worth more than $2,500 within 12 months. The rule, however, does not apply to corporate entities.
An important consideration for small claim courts in California is that private litigants should consider mediation before embarking on legal action. Some disputes may be resolved through mediation services at the local consumer affairs office or other private mediation programs. If mediation fails, the next step would be to file a complaint with the court. Follow these steps to file a claim:
- Download and complete the form of interest in the small claims forms section
- Submit the form with the required fee. Claims equal to or less than $1,500 cost $30; $50 if it is greater than $1,500 but less than $5,000; and $75 for higher claims. Where the number of claims by an individual exceeds 12 in number, subsequent filings may attract $100. All payments are to be made to the small claims court clerk.
- Serve the papers for a court appearance on the defendant. This is also referred to as service of process. California rules of court approve third-party service; that is, the papers are served by someone not involved in the case.
- Get the proofs of the case ready for the hearing. The list may include the following:
- Contracts
- Bills and payment invoices
- Standard estimates
- Photo images
- Graphical description of the accident
- Police reports of the incident
- If there are documents crucial to the case in possession of another person, download and fill out the Small Claims Subpoena for Personal Appearance and Production of Documents at Trial or Hearing and Declaration. Hand a copy of the court-signed document to the person of interest
- Prepare for the hearing by finding out more about the prospective case. Read about the different categories and how they are interpreted at the “research your case” section of the state courts’ website.
- Invite witnesses. Important witnesses who opt not to appear may be issued a court subpoena ordering them to be present at the hearing
Here are some possible outcomes of a small claims hearing:
- The judge may rule that the plaintiff be compensated accordingly.
- Compensation may be negotiated.
- The judge may issue an order to have the Sheriff’s office enforce the court decision.
Do I Need a Small Claims Lawyer?
A small claims attorney in California is mostly advisory. They offer legal advice on whether to proceed with a small claims suit and maximize the claim suit’s opportunity. For the defendant, attorneys may prove useful for providing legal information on how to present a defense in court. Attorneys are allowed to represent clients in small claims court.
How do Class Action Lawsuits Work in California?
Class action lawsuits are usually filed against corporate organizations and state agencies, such as companies, schools, etc. The first step is twofold: file a complaint and a motion for group certification. For a class action complaint to be viable, the group of aggrieved individuals should first be recognized as a legal class. Class representatives are typically required to demonstrate a shared interest among the proposed members and show that resolving these claims may benefit both the court and the litigants. Once certified, the lawsuit proceeds as a civil action. The court then notifies class members of the case details and their rights—including the option to opt out of the class and pursue an individual lawsuit. If the case is resolved in favor of the plaintiff, the court may notify the members to claim relief. The class representatives bear all expenses before and during the hearing. If the resolution is in favor of the class, the defendant pays all costs from then on. Many cases in California are usually resolved through settlement.
If certification is not approved, the case is terminated. In California, if a class action fails, aggrieved members of the group may adopt the multiple litigation approach. The California Code of Civil Procedure emphasizes that attorneys handling class action lawsuits should notify the court of any personal interest in the case, such as a spouse or relative who may benefit from the case.
Is a Class Action Better Than a Single Party Suit?
Yes. A class action may be considered better than a single-party suit. Class action lawsuits have the advantage of saving court time and administrative costs. Due to the large number of persons involved in the case, a strong public opinion formed by the aggrieved persons is likely to tip the case in favor of the class.
