"Small Claims" is a special court of limited jurisdiction where disputes are resolved quickly and inexpensively. Hearings are less formal than superior courts and attorneys are not allowed to participate unless they are a party to the dispute. An
agent of the association may represent homeowners associations in small claims court. Cases are often heard by
pro tem judges.
ADR Not Required. Offering ADR is not a prerequisite for filing a claim in small claims court.
Civil
Code §1369.520(c).
Claim Limits. Owners can sue their associations for claims up to $7,500 (unless the owner is a corporation) but associations' claims are limited to $5,000.
Code Civ. Proc. §116.221.
Effective January 1, 2012, the amount goes to $10,000 for individuals but remains at $5,000 for associations.
Equitable-Injunctive Relief. Small claims judges have the power to grant
equitable and injunctive relief when authorized by other statutes to award such
relief.
Code Civ. Proc.
§116.220. Examples are:
Initiating the Claim. Once a claim is filed with the court and the filing fee paid, a hearing is scheduled usually 20 to 70 days from the filing of the claim.
Giving Notice. The defendant must be given notice of the action at least 15 days before the hearing date. The claim may be served personally or by the court via certified mail. See
Code Civ. Proc. §116.340 for requirements.