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Description / Definition:
What Is Small Claims Court?
Small claims court is a special court where disputes are resolved quickly and inexpensively. In small claims court the rules are simplified and the hearing is informal. The person who files the claim is called the plaintiff. The person who the claim is filed against is called the defendant. While you may ask a lawyer for advice before you go to small claims court, a lawyer cannot represent you in court.
The plaintiff has the right to appeal a disfavorable defendent's claim but has no right to appeal the small claims judgment. The defendant has a right to appeal. If the defendant files an appeal, each party may be represented by a lawyer at the appeal hearing. More information on appeals is found under the Post-Judgment Proceedings heading.
For "natural persons", your claim cannot be for more than $7,500.00. For all others, your claim cannot be for more than $5,000.00. "Natural persons" include individuals and minors. If you are an Individual DBA (doing business as) or any other type of business, organization or government entity, then the limit is $5,000.00. If there are multiple plaintiffs and any of the plaintiffs is not a "natural person", then the limit is $5,000.00.
If you have a claim for more than the dollar limit allowed, you may file your action in the Civil Division of the Superior Court. Also, you may waive your right to any amount over the limit and file the matter in Small Claims. You cannot, however, file more than two small claims cases anywhere in California for more than $2,500.00 during a calendar year.
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Unbundled Legal Services -- Attorney Limited Scope/Flat-fees:
Unbundled legal services, or discrete task representation, refers to a broad range of discrete tasks that an attorney might undertake such as: advice, negotiation, document review, document preparation, and limited representation.
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