Sonoma County Small Claims Court, California

When will my case be heard?

Sonoma County has its own Superior Court. The amount of time between when the claim is filed and heard varies between each County (and even within each County). Usually, the hearing for your small claims court case should be between twenty and seventy days after the case was filed. Because of state cuts to the Sonoma County Superior Court budget, most hearings are set well past the seventy days.

Limits on Sonoma County Small Claims Court

The most a person can sue for in small claims court is $10,000. A business can only sue for $5,000 or less in small claims court. A party can only file two actions that are more than $2,500 in a year. A person can file as many claims asking for $2,500 or less.

Sonoma County Small Claims Court Hearing

Your case will probably be on the same calendar and heard at the same time as 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 very important to spend time preparing for your case ahead of time. Bring any and all documents that support your case including: receipts, photos, contracts, and any other relevant documents. Bring other witnesses who were present during relevant times and can provide testimony about the incident. Making sure you are prepared for the hearing goes along way toward 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.

Small Claims Court Statute of Limitations

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 varies 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 minor has two years from his or her eighteenth birthday). If the case involves an oral contract which was broken or breached, you have two years from the date of the breach to file your action. If the contract was written, you have three years from the date the contract was breached or broken to file the case. If you were the victim of fraud, you have three years from when you first learn of the fraud to file your case. 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.

Can I hire a lawyer?

For California small claims court cases, you are not able to be represented by an attorney at the actual hearing. But, you are able to consult and speak with an attorney before or after the hearing to answer questions or discuss strategy.

What types of cases are filed in Sonoma 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.

Small Claims Court in Sonoma County

Small claims court is a special court where disputes between parties are handled quickly and inexpensively. Each County in California follows the same rules and procedures for small claims court cases. The rules for small claims court are simple and informal compared to the rules of regular civil cases. The party who files the action or claim is known as the plaintiff. The person or persons who is being sued is called 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.

Which cases are filed in Sonoma County?

The general rule is the case or claim must be filed in the County where the defendant resides. Exceptions to this include automobile accidents (which can be filed where the accident happened). A plaintiff can file a case in small claims court if the plaintiff is at least eighteen years old, or an emancipated minor. If you are under 18 or not mentally competent, the judge must appoint a guardian at litem to represent you in small claims court. The guardian ad litem acts on behalf of the person and makes decisions specifically for that case only.

Filing Fee for Small Claims Court cases in Sonoma County

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
• $1,500.01 to $5,000.00 – $50
• $5,000.01 to $10,000.00 – $75

If a party has filed twelve or more small claims court actions over the last twelve months, the filing fee is $100.

Small Claims Court Locations for Sonoma County

Sonoma County Small Claims Court cases are heard in 1 courthouse across Sonoma County. The website for Sonoma County Superior court is: www.sonoma.courts.ca.gov. Here are the locations:

Hall of Justice

The Hall of Justice is located at:

600 Administration Dr. #106J

Santa Rosa, CA 95403-2818

The phone number is: 707-521-6500

What is small claims court mediation?

You may be asked to have your mediated before the trial. Mediation is a procedure where each side discusses the case with a third party (called the mediator), and the mediator tries to reach an agreement that both sides agree to. Mediation may be offered on the day of your actual court hearing, but before you see the judge. It is nothing to be scared of, just your chance to explain your side of the case to the mediator about what happened.