Small Claims Court in Santa Cruz County
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 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 party who is being sued is known as the defendant. In small claims court cases in California, neither party is allowed to have a lawyer represent you 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 Hearing
Small Claims Court cases are often scheduled where a number of cases will be heard in the same department at the same time (one at a time). Because the court’s schedule is very busy (and has become more busy based on state cuts to the court’s budget), the court may expect you to present your entire case in a few minutes. It is important to prepare for your case beforehand. This means organizing and bringing all paperwork and other documents that support your side (receipts, contracts, pictures, etc.). You should also bring other witnesses who can testify about your case. Making sure you are prepared for the hearing goes along way toward a successful outcome. After hearing both sides, the judge may make a decision at the hearing or notify the parties of the ruling by mail, several days later.
What types of cases are filed in Santa Cruz County Small Claims Court?
All types of cases can be filed in small claims court. Common cases are: car accidents, damage to property, some landlord tenant disputes, and contractor disputes.
When will my case be heard?
Each Superior Court is responsible for one County. The length of time between when the case is filed and when the hearing is varies for each county in California (and even within each 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.
Small Claims Court Statute of Limitations
All claims must be filed before the statute of limitations has run. The statute of limitations is a legal term that means the time someone has to file a claim. The time limit is different depending on the type of the case. If the plaintiff suffered personal injury, the statute is two years from the injury (or when you learned of the injury). (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 there is a written contract, the plaintiff has three years to file the case from the date the defendant breached the contract. If you were the victim of fraud, you have three years from when you first learn of the fraud to file your case. It is often difficult to find out when it is too late to file. It is far better to file the case and let the judge decide, rather than filing too late and having it dismissed.
Santa Cruz County Small Claims Court Locations
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:
The Main Courthouse is located at:701 Ocean St. Santa Cruz, CA 95060-4086
The phone number is: 831-420-2200
Watsonville Branch Court
The Watsonville Branch Court is located at:
The phone number is: 831-420-2200
What is small claims court mediation?
You may be asked to have your mediated before the 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 on the day of your actual court hearing, but before you see the judge. 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).
Can I sue in small claims court in Santa Cruz County?
The general rule is the case or claim must be filed in the County where the defendant resides. 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 someone is under eighteen or not mentally competent, the judge can appoint a person (usually a relative) as a guardian ad litem to act on that person’s behalf throughout the case. A guardian ad litem is an adult appointed by the court to represent that person only for that case.
What is the most a person can sue for in Santa Cruz County Small Claims Court?
A person cannot sue for more than $10,000 in a case. A business can only sue for $5,000 or less in small claims court. 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.
Filing Fee for Small Claims Court cases in Santa Cruz County
The filing fee is required to be paid by the plaintiff when the claim is filed with the court. The amount of the filing fee is relative to the amount the plaintiff is seeking. If a party has filed twelve or less claims over the past twelve months, the fee is:
- $0 to $1,500 – $30
- $1,500.01 to $5,000.00 – $50
- $5,000.01 to $10,000.00 – $75
Once a party has filed twelve cases within twelve months, each consecutive case has a $100 filing fee.
Can I have an attorney represent me?
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.