San Bernardino County Small Claims Court, California

San Bernardino County Small Claims Court Limits

The most a person can sue for in small claims court is $10,000. A corporation (or other entity that is not a natural person), cannot sue in small claims court for more than $5,000.00. An individual can only file two small claims court cases for more than $2,500.00 in one year. A person can file as many claims asking for $2,500 or less.

Can I hire an attorney?

A party is not able to be represented by anyone else in small claims court, including an attorney or lawyer. However, you are able to talk to an attorney before or after the small claims court trial to answer questions and discuss strategy.

Small Claims Court Hearing in San Bernardino County

Cases in San Bernardino County are often scheduled with a number of other small claims court cases. Often, the court’s schedule is very busy, and the court will expect you to present your argument in just a few minutes. (It is usually smart to pay attention to the cases heard before yours to see which issues and questions the judge asks the parties). It is essential to spend time preparing your case in advance. This means organizing and bringing all paperwork and other documents that support your side (receipts, contracts, pictures, etc.). Bring other witnesses who were present during relevant times and can provide testimony about the incident. Ensuring that you are prepared for your case goes along way to securing a successful outcome. After the judge has heard both sides, the judge may either make a decision at the hearing or later and send notice of the ruling to the parties by mail.

San Bernardino County Small Claims Court

Small Claims Court is a limited court designed to handle disputes and disagreements both quickly and inexpensively (at least compared to a general civil case). The procedures and rules of evidence for small claims court cases in San Bernardino are the same for any County in California. The rules for small claims court are simple and informal compared to the rules of regular civil cases. The person who files the lawsuit or action is called the plaintiff. The person or persons who is being sued is called the defendant. In California small claims court cases, neither party can hire an attorney to represent them at the hearing. But, each party can talk to and ask questions to an attorney before or after the hearing if they wish.

Where are Small Claims Court Cases Heard in San Bernardino County?

Small Claims Court cases are heard in 6 courthouses across the County. The website for San Bernardino County Superior court is: www.sb-court.org. Here are the following locations where small claims cases are heard:

Barstow Court

The Barstow Court is located at:

235 E. Mountain View Street

Barstow, CA 92311

The phone number is: 760-718-3734

Fontana Court

The Fontana Court is located at:

17780 Arrow Blvd.

Fontana, CA 92335

The phone number is: 760-718-3734

Joshua Tree Superior Court

The Joshua Tree Superior Court is located at:

6527 White Feather Road

Fontana, CA 92335

The phone number is: 909-350-9322

Rancho Cucamonga Court

The Rancho Cucamonga Court is located at:

6527 White Feather Road

Joshua Tree, CA 92252

The phone number is: 760-974-3048

Rancho Cucamonga Court

The Rancho Cucamonga Court is located at:

8303 Haven Ave.

Rancho Cucamonga, CA 91730

The phone number is: 909-285-3788

San Bernardino – Civil Division

The San Bernardino – Civil Division is located at:

303 West Third Street

San Bernardino, CA 92415

The phone number is: 909-285-3788

What is small claims court mediation?

San Bernardino County Superior Court may offer mediation for your claim before the actual trial. Mediation is a legal term which means that each side will have a discussion with an impartial third party to try and reach an agreement for the outcome of the case. Mediation may be offered before your trial or the very same day of the trial. It is nothing to be scared of, just your chance to explain your side of the case to the mediator about what happened.

How long does it take my case to be heard?

Each Superior Court is responsible for one County. The amount of time between when the claim is filed and heard varies between each County (and even within each County). Generally, you will go to court between twenty and seventy days after the claim is filed. Because of state cuts to the San Bernardino County Superior Court budget, most hearings are set well past the seventy days.

Can I file my claim in San Bernardino County?

Normally, a case must be filed in the County where the Defendant resides (lives for a person or business has its principle place of business). There are a number of exceptions to this, like in an automobile accident which can also be filed in the County where the traffic collision happened. A person can file an action in small claims court if that person is at least 18 years old or a child who has been emancipated. If you are under 18 or not mentally competent, the judge must appoint a guardian at litem to represent you in small claims court. A guardian ad litem is an adult appointed by the court to represent that person only for that case.

How much does it cost to sue in San Bernardino County Small Claims Court?

A filing fee is required and is set relative to the amount of money you are requesting for your claim. If you filed twelve or less claims over the past twelve months, the filing fee is:

• $0 to $1,500 – $30
• $1,500 to $5,000 – $50
• $5,000 to $10,000 – $75

Once a party has filed twelve cases within twelve months, each consecutive case has a $100 filing fee.

Small Claims Court Statute of Limitations

All cases must be filed by a certain deadline called the statute of limitations. Statute of limitations is a legal term for the deadline to file a case. The statute of limitations is different depending on the type of case. If you were hurt, you have two years from the date of the injury or the date the injury is discovered to file your claim. (A child has two years from the date of his or her eighteenth birthday to file a case). If an oral contract (or oral agreement) was broken, you have two years after the agreement was broken to file your case. If the contract was written, you have three years from the date the contract was breached or broken to file the case. If the defendant committed fraud, the plaintiff has three years from when the plaintiff first learned of the fraud. It can be very difficult to find out when the statute of limitations begins to run. It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.

What types of cases are filed in San Bernardino County Small Claims Court?

Many different types of cases can be filed in small claims court. Some common types of cases are automobile accidents, property damage incidents, homeowners association disputes, landlord tenant disputes (possible over security deposits), and contractor disputes.