How can I prepare for my Small Claims Court Hearing?
What is Mediation for Small Claims Court?
Santa Cruz County Superior Court may offer mediation for your claim before the actual trial. Mediation is a confidential, non-binding dispute resolution program where an impartial mediator attempts to bring both parties to an outcome that each side agrees to. Mediation can occur before the trial or even on the same day as your trial. Mediation may work for your case, but at the very least, it will give you the chance to explain your case to someone (before you explain it to the judge).
Small Claims Court Locations for Santa Cruz County
In Santa Cruz County, small claims court cases are heard in 2 courthouses across the County. The website for Santa Cruz County Superior court is: www.santacruzcourt.org. Here are the locations:
Main Courthouse
The Main Courthouse is located at:
701 Ocean St. Santa Cruz, CA 95060-4086The phone number is: 831-420-2200
Watsonville Branch Court
The Watsonville Branch Court is located at:
1 Second Street, Room 300 Watsonville, CA 95076The phone number is: 831-420-2200
What types of cases are filed in Santa Cruz County Small Claims Court?
All 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.
Can I hire a lawyer?
No. A party cannot be represented by anyone else (including an attorney). A party can discuss the case with an attorney before or after the the case to answer questions and help a party prepare for the hearing.
Can I file my claim in Santa Cruz 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 some exceptions to this rule (for example, an auto accident can be filed in the County where the accident occurred). A party may file the claim in small claims court if that party is at least eighteen years old. A party can file as someone less than eighteen if he or she has been emancipated. If a plaintiff is under eighteen or mentally incompetent, a judge will appoint someone (normally a relative) as a guardian ad litem. This person only acts on their behalf with respect to that particular small claims court case.
Santa Cruz 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 rules for small claims court cases in Santa Cruz County are the same for any county in California. The rules are designed to be less complex and more less formal when compared to general civil cases. The person or business that files the action is 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.
Santa Cruz County Small Claims Court Limits
The most a person can sue for in small claims court is $10,000. A corporation (or other corporate entity) cannot sue for more than $5,000. An individual can only file two small claims court cases for more than $2,500.00 in one year. A party can file as many cases in small claims court with an amount of $2,500 or less.
Statute of Limitations in Small Claims Court Cases
All cases must be filed before a certain deadline called the statute of limitations. This is a legal term which simply means the deadline for which you must file your claim. The time limit is different depending on the type of the 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). If an oral contract (or oral agreement) was broken, you have two years after the agreement was broken to file your case. If a written contract was broken, you have three years from when the agreement was broken. 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 determine when the statute of limitations begins to run (even for veteran attorneys). It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.
How long do I have to wait for my case to be heard?
Each County has its own Superior Court. Time between when the case is filed to when the case is heard vary amongst each County (and even within the same County). Generally, the small claims court trial should be between twenty and seventy days after the case is filed. Because of state cuts to the Santa Cruz County Superior Court budget, most hearings are set well past the seventy days.
Filing Fee for Small Claims Court cases in Santa Cruz County
A filing fee is required and is set relative to the amount of money you are requesting for your claim. If a plaintiff has filed twelve or less claims over the past twelve months, the filing fees are:
- $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.