except for purposes of impeachment, against the objecting party unless the witness or evidence was included in the statement served.
(b) The exceptions to subdivision (a) are:
(1) A person who, in his or her individual capacity, is a party to the litigation and who calls himself or herself as a witness.
(2) An adverse party.
(3) Witnesses and evidence used solely for purposes of impeachment.
(4) Documents obtained by discovery authorized by this chapter.
(5) The court may, upon such terms as may be just (including, but not limited to, continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness or introduce evidence which is required to be, but is not included in such party’s statement so long as the court finds that such party has made a good faith effort to comply with subdivision (c) of Section 96 or that the failure to comply was the result of his or her mistake, inadvertence, surprise or excusable neglect as provided in Section 473.
(c) Nothing in this article limits the introduction of evidence in any hearing pursuant to Section 585.
(Amended by Stats. 1983, Ch. 102, Sec. 3. Effective June 16, 1983.)
98. A party may, in lieu of presenting direct testimony, offer the prepared testimony of revelant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies:
(a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.
(b) The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition.
The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit.
(Amended by Stats. 1983, Ch. 102, Sec. 4. Effective June 16, 1983.)
99. A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate as collateral estoppel of a party or a successor in interest to a party in other litigation with a person who was not a party or a successor in interest to a party to the action in which the judgment or order is rendered.
(Added by Stats. 1982, Ch. 1581, Sec. 1.)
100. Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.
(Added by Stats. 1982, Ch. 1581, Sec. 1.)
CHAPTER 5.5.
Small Claims Court
ARTICLE 1. General Provisions
116.110. This chapter shall be known and may be cited as “The Small Claims Act.”
(Added by Stats. 1990, Ch. 1305, Sec. 3. Note: Prior to 1991, this subject matter was in Chapter 5A, comprising Sections 116 to 117.24.)
116.120. The Legislature hereby finds and declares as follows:
(a) Individual minor civil disputes are of special importance to the parties and of significant social and economic consequence collectively.
(b) In order to resolve minor civil disputes expeditiously, inexpensively, and fairly, it is essential to provide a judicial forum accessible to all parties directly involved in resolving these disputes.
(c) The small claims divisions have been established to provide a forum to resolve minor civil disputes, and for that reason constitute a fundamental element in the administration of justice and the protection of the rights and property of individuals.
(d) The small claims divisions, the provisions of this chapter, and the rules of the Judicial Council regarding small claims actions shall operate to ensure that the convenience of parties and witnesses who are individuals shall prevail, to the extent possible, over the convenience of any other parties or witnesses.
(Amended by Stats. 1998, Ch. 931, Sec. 37. Effective September 28, 1998.)
116.130. In this chapter, unless the context indicates otherwise:
(a) “Plaintiff” means the party who has filed a small claims action. The term includes a defendant who has filed a claim against a plaintiff.
(b) “Defendant” means the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim.
(c) “Judgment creditor” means the party, whether plaintiff or defendant, in whose favor a money judgment has been rendered.
(d) “Judgment debtor” means the party, whether plaintiff or defendant, against whom a money judgment has been rendered.
(e) “Person” means an individual, corporation, partnership, limited liability partnership, limited liability company, firm, association, or other entity.
(f) “Individual” means a natural person.
(g) “Party” means a plaintiff or defendant.
(h) “Motion” means a party’s written request to the court for an order or other action. The term includes an informal written request to the court, such as a letter.
(i) “Declaration” means a written statement signed by an individual which includes the date and place of signing, and a statement under penalty of perjury under the laws of this state that its contents are true and correct.
(j) “Good cause” means circumstances sufficient to justify the requested order or other action, as determined by the judge.
(k) “Mail” means first-class mail with postage fully prepaid, unless stated otherwise.
(Amended by Stats. 2003, Ch. 449, Sec. 4. Effective January 1, 2004.)
116.140. The following do not apply in small claims actions:
(a) Subdivision (a) of Section 1013 and subdivision (b) of Section 1005, on the extension of the time for taking action when notice is given by mail.
(b) Title 6.5 (commencing with Section 481.010) of Part 2, on the issuance of prejudgment attachments.
(Added by Stats. 1991, Ch. 915, Sec. 2.)
ARTICLE 2. Small Claims Court
116.210. In each superior court there shall be a small claims division. The small claims division may be known as the small claims court.
(Amended by Stats. 2002, Ch. 784, Sec. 30. Effective January 1, 2003.)
116.220. (a) The small claims court has jurisdiction in the following actions:
(1) Except as provided in subdivisions (c), (e), and (f), for recovery of money, if the amount of the demand does not exceed five thousand dollars ($5,000).
(2) Except as provided in subdivisions (c), (e), and (f), to enforce payment of delinquent unsecured personal property taxes in an amount not to exceed five thousand dollars ($5,000), if the legality of the tax is not contested by the defendant.
(3) To issue the writ of possession authorized by Sections 1861.5 and 1861.10 of the Civil Code if the amount of the demand does not exceed five thousand dollars ($5,000).
(4) To confirm, correct, or vacate a fee arbitration award not exceeding