Would increase the limits of small claims actions to $12,500 per claim. The association would continue to be limited to no more than (2) small claims actions per calendar year for a total amount of $25,000.
Current Status: Chaptered
FindHOALaw Quick Summary:
Existing law provides that the small claims court has jurisdiction over actions seeking certain forms of relief, including money damages in specified amounts and claims brought by natural persons, not exceeding $10,000. Existing law requires an action or special proceeding to be treated as a limited civil case if certain conditions exist, including, among others, that the amount in controversy does not exceed $25,000.
This bill would amend Code of Civil Procedure Section 116.221 to increase the small claims court jurisdiction over actions brought by a natural person, if the amount does not exceed $25,000, and would also increase the amount in controversy permitted in other specified actions within the jurisdiction of the small claims court. The bill would increase the limit on the amount in controversy for an action or special proceeding to be treated as a limited civil case to $100,000.
**SB 71 was signed in to law on October 16, 2023 and takes effect January 1, 2024.
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from the California Legislature's website
Related Topics
Related Statutes
- Code of Civil Procedure Section 116.780. Attorney’s Fees: Small Claims Appeal.
- Code of Civil Procedure Section 116.710. Small Claims Appeal.
- Code of Civil Procedure Section 116.231. Small Claims Court Limitations.
- Code of Civil Procedure Section 116.221. Jurisdiction of Small Claims Court.
- Code of Civil Procedure Section 116.220. Small Claims Court.
- Civil Code Section 5720. Limitations on Foreclosure of Assessment Lien.
- Civil Code Section 5700. Assessment Lien Enforcement Generally.
Related Case Law
- Diamond Heights Village Association, Inc. v. Financial Freedom Senior Funding Corp.
(2011) 196 Cal.App.4th 290
[Assessment Collection; Judgment Lien Merger] When a HOA assessment lien is enforced by the HOA through judicial action, the debt secured by the assessment lien is merged into the judgment.