Everything Small Claims: Home

This Resource Guide for Small Claims Court litigants is designed to direct you to a number of resources and locations where you can get help to file and prepare your Small Claims Court case.

Some of the resources will provide you an opportunity to talk with someone about your case. Some of the resources will require that you read and understand material about Small Claims Court and apply what you read yourself.

For instance, should you go to the Law Library for assistance you will be referred to materials that will help you, and you will be called upon to read, review, and apply the materials on your own to your particular case.

We hope this Resource Guide is helpful.

The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.

By law, every superior court in California shall have a small claims division. See: Code of Civil Procedure §116.210.

The Small Claims Court has jurisdiction in the following actions:

• Recovery of money up to $12,500 (CCP §116.221). Specific rules apply for claims of $12,500 or less.
• For an injunction, where the court would require the defendant to do or stop doing something, under certain circumstances.
• For specific other equitable relief (the court would require the defendant to provide relief, other than money. For example: performance or provision of property) under certain circumstances.
• Various other very specific cases as listed in the Code of Civil Procedure §116.220.

Read the Code carefully to be sure your claim is a fit.

There are limits to the number of small claims actions you can bring. See Code of Civil Procedure §116.231.

The San Diego Superior Court has a great information page for small claims procedure on their website here.

As with any lawsuit, if you cannot resolve your dispute through discussion or mediation, you can start by filing a claim (or complaint) with the court, and then serving that claim on the defendant. You will then appear in court and present your case to the judge.

You can find all the forms you need for your small claims action on the court's website here. Start by reading the Information Sheet.

You may be able to electronically file your case. For information about e-filing in San Diego look here.

If you are being sued in Small Claims court, start by reading the information provided in the papers you were served. It tells you what you are being sued for, when to appear in court, what you have to bring, and offers options that may stop the claim from proceeding in court. Also, read through the California Courts website on Being Sued in Small Claims for information on filing a Defendant's claim and preparing for trial.

Look at the Resources page of this Guide for online materials, and hard copy materials that will assist you.

The discovery process in small claims cases is different from the discovery process in limited and general civil lawsuits.

The pretrial discovery procedures used in civil lawsuits are not permitted in small claims actions (CCP §116.310). In other words, evidence for small claims cases do NOT need to be in a particular format like they do for limited and general civil lawsuits because small claims hearings are generally more informal than other civil court actions.

Parties still have the right to provide evidence as part of their claim (CCP §116.520), but they do not have to have all of the evidence ready before starting a small claims case. They should, however, have all evidence ready in time for the court date. If the defendant in a case does not attend the hearing, the plaintiff will be required to present evidence as part of their claim (CCP §116.520).

Discovery Process for Small Claims Cases:

1. Make a list of evidence you need. Give yourself enough time to gather everything. Examples of evidence include photos, receipts, contracts, etc.
2. You may need to file a court order to access some records, such as medical or business records. You can do this by filing a subpoena. The form can be found here. The California Courts Self-Help website has instructions on how to subpoena information or witnesses.
3. Once you have collected all your evidence, arrange it in a way that is clear and understandable. You can mark the most important exhibits for the judge in alphabetical or numerical order.
4. Make enough copies of your evidence for both the judge and the other party.
5. LOCAL RULES MAY APPLY: According to San Diego County Local Rule 2.1.2, if you are appearing virtually, exhibits must be submitted electronically at least ten (10) days before your scheduled hearing. If you are appearing in person, you may submit your exhibits in person or online. You may only submit evidence AFTER a trial date has been set. Any evidence must be permissible in accordance with Local Rule 2.5.6. Do not send original versions of your evidence. You can find more information about submitting evidence for small claims cases in San Diego here. Ensure you are submitting evidence in accordance with the local rules of the court in which you are filing. 

IMPORTANT NOTES:

• It's important to know the monetary limits and jurisdiction of the Small Claims court before filing your claim. You may be seeking money or requesting action that is beyond the scope of the Small Claims Court. 
• All Small Claims cases in San Diego must be filed and will be heard in the Central Division in Downtown San Diego.

What to expect in Small Claims Court - some tips for both parties!

If you are representing yourself in court, the Odyssey Guide & File website may be able to help you prepare your legal documents online. Guide & File has forms for divorce, family law, eviction/unlawful detainer, small claims, restraining orders, guardianship, and more. You must review your forms before filing them with the court.

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